Gatewood v. Century Brick Corp. of America

Full title: FLOYD GATEWOOD, APPELLANT, v. CENTURY BRICK CORPORATION OF AMERICA, A…

Court: District Court of Appeal of Florida, Third District

Date published: Jan 19, 1965

171 So. 2d 33 (Fla. Dist. Ct. App. 1965)

Opinion

No. 64-521.

January 19, 1965.

Appeal from Circuit Court for Dade County; Harold B. Spaet, Judge.

Granat, Rosenblatt Roemer, Miami Beach, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay Kimbrell and Carl K. Hoffmann, Miami, for appellee.

Before CARROLL, HORTON and HENDRY, JJ.

HORTON, Judge.

Appellant plaintiff seeks reversal of a summary final judgment entered against him on his cause of action. Still pending final disposition in the trial court is a compulsory counterclaim asserted by defendant appellee.

Having carefully reviewed the record, we affirm the trial court's action. However, our affirmance is without prejudice to the appellant to assert any matters alleged in his complaint and amended complaint which may be found to constitute the basis of a legal defense to the counterclaim.

Affirmed.