Admar of New Jersey, Inc. v. Rozany

Full title: ADMAR OF NEW JERSEY, INC., APPELLANT/CROSS APPELLEE, v. HARRY ROZANY…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 23, 1988

523 So. 2d 1196 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-0495.

March 30, 1988. Rehearings Denied May 23, 1988.

Appeal and cross appeal from the Circuit Court for Broward County; Harry G. Hinckley, Jr., Judge.

James Cary Jacobson and Howard E. Horowitz of Jacobson Gottlieb, Hollywood, for appellant/cross appellee.

Lee Greenfield of Greenfield Duval, North Miami, for appellee/cross appellant.

GUNTHER, Judge.

We reverse the trial court's entry of summary judgment on the authority of GNLV Corp. v. Featherstone, 504 So.2d 63 (Fla. 4th DCA), rev. denied, 513 So.2d 1061 (Fla. 1987). However, we affirm the trial court's dismissal of the counterclaim. The counterclaim was compulsory in nature and should have been brought in the New Jersey action. See, Mori v. Hartz Mountain Development Corp., 193 N.J. Super. 47, 472 A.2d 150 (N.J. Super.Ct.App. Div. 1983).

REVERSE AND REMAND in part; AFFIRM in part.

DOWNEY and WALDEN, JJ., concur.