Legal Question in Business Law in Florida
Is their a fl. statute that says if you don't bring your counter claim in the first action that is dismissed you can't file one in the second action??
Asked on 12/23/09, 2:46 pm
1 Answer from Attorneys
Sarah Grosse
Sarah Grosse, Esquire
What you would be looking for is the Florida Rules of Civil Procedure (rather than Florida Statutes). The answer is "it depends". Some counterclaims must be brought (compulsory counterclaims) and others may be brought in another action (permissive counterclaims). You should have an attorney review your specific cases to get an answer.
Answered on 12/30/09, 6:06 am
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