MICHAEL H. JORDAN, APPELLANT,
v.
TOM FINLAY, D/B/A TOM FINLAY'S CUSTOM AUTOMOTIVE, APPELLEE
PER CURIAM.
Appellant filed a counterclaim for conversion of an automobile in connection with a suit in the nature of interpleader filed by appellee. Appellant was granted summary judgment on the complaint in the nature of interpleader. Appellant’s counterclaim for conversion was set for trial. A jury was empaneled and sworn. However, the trial judge voluntarily dismissed the counterclaim, without prejudice, on the ground that it was an improper adjunct to an inter-pleader suit.
Appellant contends that the trial court erred in dismissing the counterclaim. We find merit in this contention and reverse. See Trak Microwave Corporation v. Medaris Management, Inc., 236 So. 2d 189 (Fla. 4th DCA 1970).
Reversed and remanded for further proceedings upon the counterclaim.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gosselin v. Freidin, 371 So. 2d 234 (Fla. 3d DCA 1979)…cf. Knoll v. Socony Mobil Oil Co., 369 F. 2d 425, 429 (10th Cir. 1966), cert. denied, 386 U.S. 977, 87 S.Ct. 1173, 18 L.Ed.2d 138 (1967); (b) the counterclaim was properly asserted against the plaintiff-stakeholder in interpleader, Jordan v. Finlay, 370 So. 2d 431 (Fla. 3d DCA 1979) (Case no. 78-1630, opinion filed, May 1, 1979); 7 Wright and Miller, Federal Practice and Procedure, § 1714 (1972) text and authorities at nn. 50-52, 54; and (c) the counterclaim sufficiently alleged a cause of action against the…
Authorities Cited
- Trak Microwave Corp. v. Medaris Mgmt., Inc., 236 So. 2d 189 (Fla. 4th DCA 1970)