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Florida District Courts of Appeal, 1965

Gatewood v. Century Brick Corp. of America

Gatewood v. Century Brick Corp. of America
Florida District Courts of Appeal · Decided January 19, 1965 · Carroll, Hendry, Horton
171 So. 2d 33 (Southern Reporter, Second Series)

Gatewood v. Century Brick Corp. of America

Opinion of the Court

HORTON, Judge.

Appellant plaintiff seeks reversal of a summary final judgment entered against him on his cause of action. Still pending final disposition in the trial court is a compulsory counterclaim asserted by defendant appellee.

Having carefully reviewed the record, we affirm the trial court’s action. However, our affirmance is without prejudice to the *34appellant to assert any matters alleged in his complaint and amended complaint which may be found to constitute the basis of a legal defense to the counterclaim.

Affirmed.

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