When a plaintiff files a claim in Florida courts, the defendant has the right to file a counter claim. The Florida bar has set forth rules regarding the process or cross or counter claims, outlined in the Florida Rule of Civil Procedure Rule 1.170.
Below is some of the basic information regarding these claims. If you have had a claim filed against you in court, be sure to call an experienced personal injury attorney for assistance.
Definitions: Counter Claim
- Compulsory Counterclaims: A compulsory counter claim is a claim made by a defendant against a plaintiff; that arises from the same transaction or occurrence as the plaintiff’s claim.
- Permissive Counterclaims: A permissive counterclaim is a claim brought by a defendant against a plaintiff in the situation where the defendant’s claim does not arise from the same transaction or occurrence as the opposing party’s claim.
- Counterclaim Exceeding Opposing Claim: A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief in a greater amount, or may represent a different form of relief than that sought by the opposing party.
- Counterclaim Maturing or Acquired after Pleading: These claims mature or are acquired by the pleader after serving the pleading, and may be presented as a counterclaim with the permission of the court.
- Omitted Counterclaim or Crossclaim: When a pleader fails to set up a counter claim or cross claim through inadvertence or excusable neglect, or when justice requires, the pleader may set up the counterclaim or crossclaim by amendment with permission of the court.
- Crossclaim Against Co-Party: Any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action or a counterclaim is defined as a cross claim against a co-party. This may also relate to property that is the subject matter of the original action. Service of a crossclaim on a party who has appeared in the action must be made according to the Florida Rule of Judicial Administration. Service of a crossclaim against a party who has not appeared in the action must be made in the manner provided for service of summons.
A few other facts to keep in mind:
- When additional parties are required to be named in order to grant full relief, they must be named in the counterclaim or crossclaim following due process.
- If the court orders separate trials, judgment on a counter claim or crossclaim may be rendered when the court has jurisdiction to do so. This is true even if a claim of the opposing party has been dismissed.
- If the demand of any counterclaim or crossclaim exceeds the jurisdiction of the court, the action must be transferred immediately to the court of the same county having jurisdiction of the demand in the counterclaim or crossclaim. The court must order the transfer of the action and the transmittal of all documents in it to the proper court.Ultimately, it is important to understand that claims, lawsuits and filings are rarely simple. When you file something in court, it is common for your opponent to file an answer against your claims. If multiple parties are involved, the waters may get even more murky.
That is why it is so important to have an experienced personal injury attorney on your side – whether filing a claim. or a counter claim. If you have any legal questions, feel free to call us at Probinsky & Cole. Our Sarasota and Tampa area lawyers are here to help you sort through it all.
