RELIANCE FORWARDING CO., A PENNSYLVANIA CORPORATION, APPELLANT,
v.
NILSON VAN & STORAGE, A CORPORATION, APPELLEE
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COBB, Judge.
Based upon admissions that a stated account was unpaid, the trial court entered a final summary judgment for the plaintiff, Nilson Van & Storage, against the defendant, Reliance Forwarding Co. In doing so, the trial court ignored the pending counterclaim of Reliance. This was error. The trial court should have entered a partial summary judgment for the plaintiff, appel-lee here, and then taken evidence on the counterclaim. Davar Corp. v. Tropic Land Improvement Corp., 330 So. 2d 482 (Fla. 4th DCA 1976); Netterville v. Osborn, 139 So. 2d 921 (Fla. 1st DCA 1962); Annot., 8 A.L.R.3d 1361 (1966). Alternatively, the trial court could have entered a final summary judgment on the complaint and stayed its execution pending resolution of the counterclaim. Zanathy v. Beach Harbor Club Ass’n., Inc., 343 So. 2d 625 (Fla. 2d DCA 1977).
REVERSED and REMANDED for further proceedings consistent with this opinion.
ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.
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Carpenter v. Super Pools, Inc., 534 So. 2d 426 (Fla. 5th DCA 1988)…ver, the motion and summary judgment did dispose of the Carpenters’ affirmative defenses. Because the Carpenters’ counterclaim was still pending, the court erred in entering the order of distribution. Reliance Forwarding Co. v. Nilson Van & Storage, 387 So. 2d 513 (Fla. 5th DCA 1980); Davar Corporation at 483. The final judgment and distribution order are reversed, and this cause is remanded for further proceedings consistent with this opinion. REVERSED AND REMANDED. DANIEL, J., and NORRIS, W.A., Jr., Ass…
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Heritage Real Est. & Dev. Co., Inc. v. Gaich, 620 So. 2d 1118 (Fla. 5th DCA 1993)…on. In any event, the counterclaim was filed at that time. Heritage and Blaeuer now contend that the counterclaim should have precluded entry of a summary judgment on the notes. As this court held in Reliance Forwarding Co. v. Nilson Van & Storage, 387 So. 2d 513 (Fla. 5th DCA 1980), there are two ways to deal with a pending counterclaim. First, a trial court can enter partial summary judgment for a plaintiff and then take evidence on the counterclaim or, in the alternative, enter final summary judgment on t…
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Anne Fromberg v. Se. Bank, N.A., 455 So. 2d 1341 (Fla. 3d DCA 1984)…PER CURIAM. Affirmed. Reliance Forwarding Co. v. Nilson Van & Storage, 387 So. 2d 513 (Fla. 5th DCA 1980); von Dunser v. Southeast First National Bank, 367 So. 2d 1094 (Fla. 3d DCA 1979).…
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- Davar Corp. v. Tropic Land Improvement Corp., 330 So. 2d 482 (Fla. 4th DCA 1976)
- Zanathy v. Beach Harbor Club Ass'n, Inc., 343 So. 2d 625 (Fla. 2d DCA 1977)
- Netterville v. Osborn, 139 So. 2d 921 (Fla. 1st DCA 1962)