BECKER, POLIAKOFF & STREITFELD, P.A.; ALAN BECKER AND GARY S. POLIAKOFF, INDIVIDUALLY, APPELLANTS,
v.
PETER S. SACHS, APPELLEE

Fla. 3d DCA | 1981-10-20
No. 80-1325
HENDRY and Before BARKDULL, BASKIN, JJ.
404 So. 2d 1127 Florida District Court of Appeal, Third District (1981) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the summary judgment entered in favor of appellee in his counterclaim upon our finding that the counterclaim should have accompanied the transfer of the claim for damages to Broward County where a prior action is pending. See Ven-Fuel v. Jacksonville Electric Authority, 332 So. 2d 81 (Fla.3d DCA 1975); Zuckerman-Vernon Corp. v. Zelikoff, 303 So. 2d 391 (Fla.3d DCA 1974); McCue v. Lane, 228 So. 2d 101 (Fla.3d DCA 1969).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • NEW Holland, Inc. v. Trunk, 511 So. 2d 746 (Fla. 5th DCA 1987)
    …the court cannot change venue of only a portion of the entire lawsuit. Zuckerman-Vernon Corp. v. Zelikoff, 303 So. 2d 391 (Fla. 3d DCA 1974); McCue v. Lane, 228 So. 2d 101 (Fla. 3d DCA 1969). See also Becker, Poliakoff & Streitfeld, P.A., v. Sachs, 404 So. 2d 1127 (Fla. 3d DCA 1981). Appellees argue the court can transfer venue because a prejudgment writ of re-plevin has been entered and thus that portion of the lawsuit has been concluded. This is not factually accurate. No final judgment has been entered i…
  • Tinwood, N.V. v. Figueredo, 523 So. 2d 179 (Fla. 3d DCA 1988)
    …ndant below, appeals from an order transferring a cross-claim it brought against co-defendants, Figueredo and others, to the Orange County Circuit Court. We reverse on the authority of the rule established in Becker, Poliakoff & Streitfeld v. Sachs, 404 So. 2d 1127 (Fla. 3d DCA 1981); Zuckerman-Vernon Corp. v. Zelikoff, 303 So. 2d 391 (Fla. 3d DCA 1974); and McCue v. Lane, 228 So. 2d 101 (Fla. 3d DCA 1969), that a trial court simply lacks the authority, whether on grounds of convenience or otherwise, to excise…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw