Gilman Timberland & Land Development Co. v. Gilman
Gilman Timberland & Land Development Co. v. Gilman
Opinion of the Court
In this case, appellee brought a counterclaim against appellant seeking recovery of substantial damages for appellant’s breach of a cutting contract allowing appellant the right to harvest trees on a large tract of land previously conveyed by appellant to appellee, and imposing upon appellant an obligation to reforest the tract. We conclude that appellant has advanced no argument sufficient to cause reversal of the detailed final judgment entered by the trial court. We address only appellant’s lead argument concerning the trial court’s order striking appellant’s statute of limitations defense. We find that the issue is controlled by Allie v. Ionata, 503 So.2d 1237 (Fla. 1987), and that Allie requires affirmance.
The counterclaim upon which appellee recovered here was a compulsory counterclaim in the nature of a recoupment, as
Having considered the exceptions to the general rule established in Allie, we conclude that the present case, in which both the initial claim and the counterclaim sought damages under the cutting contract, does not warrant application of these exceptions.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.