Opinion
Nos. 81-2550, 82-50.
January 7, 1983.
Appeal from the Circuit Court, Highlands County, Clifton M. Kelly, J.
Richard Bernstein of Layne, Bernstein, Brenner Freitag, P.A., Miami, for Jerry L. Harvey.
James F. McCollum of McCollum Rhoades, Sebring, for Otto John Fischer.
A claim for damages for wrongful attachment cannot be prosecuted by a counterclaim in the same suit in which the attachment was obtained. Calcagni v. Mamber, 262 So.2d 467 (Fla. 3d DCA 1971); Martin v. Martin, 196 So.2d 26 (Fla. 2d DCA 1967); Ritter v. Miami Marine Agency, Inc., 133 So.2d 107 (Fla. 3d DCA 1961).
Therefore, we reverse the determination of wrongful attachment without prejudice to appellee to seek relief in a new suit.
The judgment is affirmed in all other respects.
BOARDMAN, A.C.J., and GRIMES and SCHOONOVER, JJ., concur.