B & M TRUCKING CO., INC., APPELLANT,

v.

PATRICIA A. MALONE, APPELLEE

Citator

Cited By

• Johnson v. Allen, 621 So. 2d 507 (Fla. 2d DCA 1993)
  …ussig v. Insurance Company of North America, 301 So. 2d 21 (Fla. 2d DCA 1974); Mermel v. Rifkin, 603 So. 2d 595 (Fla. 3d DCA 1992); Del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987); Sarasota Cloth Fabric & Foam, Inc. v. Benes, 482 So. 2d 574 (Fla. 5th DCA 1986). See also Johnson v. Allen, Knudsen, 566 So. 2d 327 (Fla. 2d DCA 1990) (Johnson II). Further, “if a counterclaim has been served by a defendant prior to service upon the defendant of the plaintiff’s notice of dismissal, the actio…
• Campbell v. Gordon, 674 So. 2d 783 (Fla. 1st DCA 1996)
  …ussig v. Insurance Company of North America, 301 So. 2d 21 (Fla. 2d DCA 1974); Mermel v. Rifkin, 603 So. 2d 595 (Fla. 3d DCA 1992); Del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987); Sarasota Cloth Fabric & Foam, Inc. v. Benes, 482 So. 2d 574 (Fla. 5th DCA 1986). Johnson v. Allen, Knudsen, DeBoest, Edwards & Rhodes, 621 So. 2d 507, 509 (Fla. 2nd DCA 1993); Dennis v. Pavlakos, 464 So. 2d 1323 (Fla. 5th DCA 1985). By definition, a permissive counterclaim is “any claim against an opposing…

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• Yunger v. Buenaventura Oliver, 803 So. 2d 884 (Fla. 5th DCA 2002)
  …transaction; noting that any assertions of error in the order may be reviewed on appeal from the final judgment). Only those counterclaims which are not compulsory may now be addressed. S.L.T. Warehouse; Sarasota Cloth Fabric & Foam, Inc. v. Benes, 482 So. 2d 574 (Fla. 5th DCA 1986) (dismissing appeal as to those counts of the counterclaim which were dependent upon and arose out of the same contract which the plaintiff had sued upon).2 This jurisdictional determination must be made prior to any review of the…

Authorities Cited

• Wood v. Weeks, 81 So. 2d 498 (Fla. 1955)