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PER CURIAM. 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.
Document Info
Docket Number: Nos. 81-2550, 82-50
Citation Numbers: 424 So. 2d 211
Judges: Boardman, Grimes, Schoonover
Filed Date: 1/7/1983
Precedential Status: Precedential
Modified Date: 7/29/2022