Aire-Lok Co.v.M S Construction Co.

District Court of Appeal of Florida, Fourth DistrictMay 20, 1977
347 So. 2d 638 (Fla. Dist. Ct. App. 1977)

No. 76-902.

May 20, 1977.

Appeal from the Circuit Court for Brevard County; Tom Waddell, Jr., Judge.

Milton E. Grusmark, Grusmark, Jaffee Karten, P.A., Miami, for appellant.

Curtis R. Mosley, Wolfe, Kirschenbaum, Caruso Mosley, P.A., Merritt Island, for appellee.


This appeal concerns a Final Judgment entered in favor of the Plaintiff upon its complaint against the Defendant. We have considered the briefs and the argument of counsel and upon a full reading of the transcript find that the Judgment which was entered for the Plaintiff upon its complaint is proper and should be affirmed.

However, there was a counterclaim filed by the Defendant against the Plaintiff and an answer to that counterclaim which raised certain issues about which testimony was taken at trial. The trial court failed to enter Judgment in regard to the counterclaim therefore this matter is remanded for entry of a Judgment in regard to the counterclaim.

AFFIRMED in part and REMANDED.

CROSS and ALDERMAN, JJ., concur.