KATIE M. MOMPLAISIR, APPELLANT,

v.

J.C. PENNEY COMPANY, INC. AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Citator

Cited By

• Norris v. Paps, 615 So. 2d 735 (Fla. 2d DCA 1993)
  …d S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974), which were decided after Taussig, also support the general rule preventing a final appeal before disposition of a compulsory counterclaim. See Key Credit, Inc. v. Espirito Santo Bank of Fla., 610 So. 2d 568 (Fla. 3d DCA1992) (fraudulent inducement of note is compulsory counterclaim in suit to foreclose note and therefore not appealable before judgment is entered on pending foreclosure).1 This court has decided to treat the appeal as a petition for wri…
• Hinton v. Brooks, 820 So. 2d 325 (Fla. 5th DCA 2001)
  …not all, cases, fraud in the inducement of a note or mortgage is a compulsory counterclaim to an action in foreclosure on the note or mortgage.” Norris, 615 So. 2d at 737 (citations omitted); see also Key Credit, Inc. v. Espirito Santo Bank of Fla., 610 So. 2d 568 (Fla. 3d DCA 1992). The trial court ruled that the affirmative defense of fraud in the inducement was an improper defense in a mortgage foreclosure action based on the economic loss rule. This was error. The economic loss rule does not prevent such…
• Agustin Febres Cordero v. Cap. Bank, 693 So. 2d 720 (Fla. 3d DCA 1997)
  …638 F. 2d 1134 (8th Cir.1981). Cf. Norris v. Paps, 615 So. 2d 735, 737 (Fla. 2d DCA 1993)(fraud in the inducement of a note or mortgage is generally a compulsory counterclaim in a foreclosure action); Key Credit, Inc. v. Espirito Santo Bank of Fla., 610 So. 2d 568 (Fla. 3d DCA 1992)(same). Reversed and remanded.…

Authorities Cited

• State v. Liscio, 423 So. 2d 624 (Fla. 4th DCA 1982)