Empiregas, Inc. v. Joe Herrmann's

Full title: EMPIREGAS, INC. OF DADE CITY, APPELLANT, v. JOE HERRMANN'S, INC.…

Court: District Court of Appeal of Florida, Second District

Date published: Feb 28, 1986

483 So. 2d 876 (Fla. Dist. Ct. App. 1986)

Opinion

Nos. 85-533, 85-1470.

February 28, 1986.

Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

E. David Tyner, Dade City, and John F. Kizer, Jr., Birmingham, Ala., for Empiregas, Inc.

Joe A. McClain of McClain, Dwyer Sestak, P.A., Dade City, for Joe Herrmann's, Inc.

PER CURIAM.

We affirm the trial court's final judgments for the plaintiff, Joe Herrmann's, Inc., on the original complaint and for the defendant, Empiregas, Inc. of Dade City, on its counterclaim.

We address only one aspect of this rather involved litigation. We agree with defendant that the trial court properly dismissed plaintiff's counterclaim which was filed in response to defendant's counterclaim. See Vines v. Emerald Equipment Co., 342 So.2d 137 (Fla. 1st DCA 1977).

Affirmed.

LEHAN, A.C.J., and FRANK and HALL, JJ., concur.