QR TRIPTYCH LLC
v.
LV MIDTOWN LLC
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A party's failure to assert a compulsory counterclaim arising out of the transaction or occurrence that formed the subject matter of the plaintiff's claim constitutes a waiver of that claim.
[1] A compulsory counterclaim is a defendant's cause of action arising out of the same transaction or occurrence that forms the subject matter of the plaintiff's claim, and f…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A primary consequence of a party's failure to assert a compulsory counterclaim is that such failure 'constitutes a waiver of the [party's] right to recover on it.'”
Court citing Orix Capital Markets, LLC v. Park Ave. Associates, Ltd. to explain the consequences of failing to assert a compulsory counterclaim.
QR Triptych LLC appealed from a trial court decision in a dispute with LV Midtown LLC. The lower tribunal had ruled regarding a compulsory counterclai…
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PER CURIAM.
Affirmed. See Rule 1.170(a), Fla. R. Civ. P.; Londono v. Turkey Creek, Inc., 609 So. 2d 14, 19 (Fla. 1992) (“A compulsory counterclaim is ‘a defendant’s cause of action arising out of the transaction or occurrence that formed the subject matter of the plaintiff’s claim.’”); Orix Capital Mkts., LLC v. Park Ave. Assocs., Ltd., 881 So. 2d 646, 650 (Fla. 1st DCA 2004) (“A primary consequence of a party's failure to assert a compulsory counterclaim is that such failure ‘constitutes a waiver of the [party's] right to recover on it.’”); Floridian Cmty. Bank, Inc. v. Bloom, 25 So. 3d 43, 45 (Fla. 4th DCA 2009).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Javier H. Londono, M.D. v. Turkey Creek, Inc., 609 So. 2d 14 (Fla. 1992)
- Orix Cap. Mkts., LLC v. Park Ave. Assocs., Ltd., 881 So. 2d 646 (Fla. 1st DCA 2004)
- Floridian Cmty. Bank, Inc. v. Bloom, 25 So. 3d 43 (Fla. 4th DCA 2009)