Jordan v. Finlay

District Court of Appeal of Florida

Jordan v. Finlay

370 So. 2d 431, 1979 Fla. App. LEXIS 14942

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1979

DocketNo. 78-1630

StatusPublished

Cited by1 cases

This text of 370 So. 2d 431 (Jordan v. Finlay) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jordan v. Finlay, 370 So. 2d 431, 1979 Fla. App. LEXIS 14942 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

Appellant filed a counterclaim for conversion of an automobile in connection with a suit in the nature of interpleader filed by appellee. Appellant was granted summary judgment on the complaint in the nature of interpleader. Appellant’s counterclaim for conversion was set for trial. A jury was empaneled and sworn. However, the trial judge voluntarily dismissed the counterclaim, without prejudice, on the ground that it was an improper adjunct to an inter-pleader suit.

Appellant contends that the trial court erred in dismissing the counterclaim. We find merit in this contention and reverse. See Trak Microwave Corporation v. Medaris Management, Inc., 236 So.2d 189 (Fla. 4th DCA 1970).

Reversed and remanded for further proceedings upon the counterclaim.

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PER CURIAM.

Appellant filed a counterclaim for conversion of an automobile in connection with a suit in the nature of interpleader filed by appellee. Appellant was granted summary judgment on the complaint in the nature of interpleader. Appellant’s counterclaim for conversion was set for trial. A jury was empaneled and sworn. However, the trial judge voluntarily dismissed the counterclaim, without prejudice, on the ground that it was an improper adjunct to an inter-pleader suit.

Appellant contends that the trial court erred in dismissing the counterclaim. We find merit in this contention and reverse. See Trak Microwave Corporation v. Medaris Management, Inc., 236 So.2d 189 (Fla. 4th DCA 1970).

Reversed and remanded for further proceedings upon the counterclaim.

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370 So. 2d 431, 1979 Fla. App. LEXIS 14942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-finlay-fladistctapp-1979.

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