[Download] "Iva J. Andrews and Harry J. Andrews v. Jesus Cardosa and Neal M. Cardosa" by Second District Court of Appeal of Florida ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Iva J. Andrews and Harry J. Andrews v. Jesus Cardosa and Neal M. Cardosa
• Author : Second District Court of Appeal of Florida
• Release Date : January 18, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Appellant, plaintiff below, appeals from a summary final judgment in favor of the defendants. This action arose out of an automobile accident. The plaintiff charged defendant Molko, the driver of an automobile owned by the defendant Linaido, with negligence which was alleged to be the proximate cause of certain injuries sustained by her. Defendants in their answer, and by way of affirmative defense, alleged "that as a result of the injuries sustained in the accident complained of, the defendant, Ronny Molko, through his father and next friend, Joseph R. Molko, instituted a suit against the plaintiff, Coleen Pesce, and filed the same in the Civil Court of Record in and for Dade County, Florida, bearing case No. 58-5906; that in said suit Coleen Pesce was accused of negligence and of causing the injuries sustained by Ronny Molko. The defendants would further show that though the plaintiff, Coleen Pesce, was represented by counsel and filed an answer in the cause, that she did not file a counterclaim in this action as required by Rule 1.13(1) of the Florida Rules of Civil Procedure, 30 F.S.A., which made it compulsory for a defendant, at the time of filing her answer, to set forth as a counterclaim any claim arising out of the transaction or occurrence that is the subject matter of the action * * *." The defendants further alleged that as a result of said suit, judgment was entered in favor of defendant Molko which was fully paid and a satisfaction of judgment was executed, filed and recorded. In addition to the defenses directed to the plaintiffs failure to assert a compulsory counterclaim, the defendants relied upon defenses of estoppel by judgment and res judicata.

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