Koltay v. Index-Tel, Inc.
Koltay v. Index-Tel, Inc.
Opinion of the Court
Appellant, defendant below, appeals from a final judgment of the trial court finding him indebted to the appellee, plaintiff below, in an action for an accounting. The trial judge, in rendering his final judgment, was acting within the proper scope of his duties as the trier of fact and of law and we, therefore, affirm.
The final judgment recognized appellant’s right to jury trial on his remaining counterclaim and specifically refrained from addressing the merits of that counterclaim. We also note with interest that the trial court specifically advises the parties in the final judgment that had the plaintiff in this cause been the individuals against whom appellant has a separate pending cause of action in the court below, rather than the corporate entity which was actually plaintiff below, the judgment rendered may well have been different in scope and effect.
Finally, within one year after entry of the final judgment, but after filing his notice of appeal to this court, the appellant timely filed with the trial court a motion to set aside final judgment pursuant to Florida Rule of Civil Procedure 1.540(b), alleging misconduct of the plaintiff. The trial court entered an order on its own motion, correctly finding that it was without jurisdiction
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.