BEYOND INTERNATIONAL, INC. v. DIVERSE ENTERPRISES, LTD. CO., LLC ( 2021 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed January 20, 2021.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D20-731
    Lower Tribunal No. 20-2831
    ________________
    Beyond International, Inc., et al.,
    Appellants,
    vs.
    Diverse Enterprises, Ltd. Co., LLC, et al.,
    Appellees.
    An Appeal from the Circuit Court for Miami-Dade County, Peter R.
    Lopez, Judge.
    Osorio Internacional, P.A., and Carlos F. Osorio and Raúl A. Reichard,
    for appellants.
    Alberto F. Sarasua, for appellees.
    Before LOGUE, LINDSEY and LOBREE, JJ.
    PER CURIAM.
    Affirmed. See Educ. Res. Inst., Inc. v. Rickard, 
    924 So. 2d 40
    , 41 (Fla.
    3d DCA 2006) (“Florida courts apply principles of federal claim preclusion to
    determine whether a Florida claim is res judicata in cases where a prior
    federal court judgment exists. Under the federal law of res judicata, a final
    judgment on the merits of an action precludes the re-litigation of claims that
    were previously raised or could have been raised in a former action.”); Fla.
    R. Civ. P. 1.170(a) (defining compulsory counterclaim as “any claim which
    at the time of serving the pleading the pleader has against any opposing
    party, provided it arises out of the transaction or occurrence that is the
    subject matter of the opposing party’s claim . . . .”); Rudner v. Cabrera, 
    455 So. 2d 1093
    , 1096 (Fla. 5th DCA 1984) (“The policy behind the compulsory
    counterclaim rule is to prevent multiplicity of actions and to require the
    resolution in a single lawsuit of all disputes arising out of the same
    transaction.”) (citations omitted).
    2
    

Document Info

Docket Number: 20-0731

Filed Date: 1/20/2021

Precedential Status: Precedential

Modified Date: 1/20/2021