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Florida District Courts of Appeal, 1988

Admar of New Jersey, Inc. v. Rozany

Admar of New Jersey, Inc. v. Rozany
Florida District Courts of Appeal · Decided March 30, 1988 · Downey, Gunther, Walden
523 So. 2d 1196; 13 Fla. L. Weekly 827; 1988 Fla. App. LEXIS 1224; 1988 WL 25441 (Southern Reporter, Second Series)

Admar of New Jersey, Inc. v. Rozany

Opinion of the Court

GUNTHER, Judge.

We reverse the trial court’s entry of summary judgment on the authority of GNLV Corp. v. Featherstone, 504 So.2d 63 (Fla. 4th DCA), rev. denied, 513 So.2d 1061 (Fla. 1987). However, we affirm the trial court’s dismissal of the counterclaim. The counterclaim was compulsory in nature and should have been brought in the New Jersey action. See, Mori v. Hartz Mountain Development Corp., 193 N.J.Super. 47, 472 A.2d 150 (N.J.Super.Ct.App.Div. 1983).

*1197REVERSE AND REMAND in part; AFFIRM in part.

DOWNEY and WALDEN, JJ., concur.

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