Florida District Courts of Appeal, 1982

Waite v. Ward

Florida District Courts of Appeal · Decided May 6, 1982 · Mills, Shaw, Smith

413 So. 2d 830; 1982 Fla. App. LEXIS 19942 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

T.D.S. Incorporated v. Shelby Mutual Insurance Company (11th Cir. 1985)
Auto-Owners Ins. Co. v. Hooks (Fla. Dist. Ct. App. 1985)
T.D.S. Inc. v. Shelby Mutual Insurance (11th Cir. 1985)
Cazares v. Church of Scientology of Cal., Inc. (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MILLS, Judge.

Waite contends the trial court erred in dismissing his counterclaim for failure to state a cause of action. We affirm.

We agree with the trial court’s order which stated “that the release of lien pertinent to this action does not discharge any indebtedness of defendant to plaintiff.”

In addition, the action brought by the counterclaim is one for filing a baseless suit or malicious prosecution. This action cannot be filed until the original action is concluded. See Blue v. Weinstein, 381 So.2d 308 (Fla. 3d DCA 1980).

LARRY G. SMITH and SHAW, JJ., concur.

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