Haven Center, Inc. v. Meruelo

Summary

The Florida District Court of Appeal addresses an appeal from summary judgment on compulsory counterclaims arising from a real estate contract while the plaintiff's related claims remained pending. The court held that the counterclaims were not separately appealable as a final disposition, reversed the judgment to the extent it included the phrase “go hence without day,” and otherwise left the summary judgment intact.

Holdings

1. A judgment adjudicating compulsory counterclaims is not appealable until the original claims have been finally disposed of on the merits when the claims and counterclaims arise from the same contract, transactions, and occurrences.
2. The phrase "go hence without day" must be removed because the judgment was not actually final while Meruelo's claims remained pending.

Questions Presented

1. Whether a judgment adjudicating compulsory counterclaims is appealable before the plaintiff's original claims arising from the same contract and transactions have been fully adjudicated.
2. Whether the trial court's inclusion of the phrase "go hence without day" improperly characterized the judgment on the counterclaims as final.
3. Whether the appellate court should disturb the trial court's summary judgment on the counterclaims.

Disposition

reversed