Opinion
Nos. 69-658, 69-659.
September 16, 1970. Rehearing Denied December 11, 1970.
Appeal from Circuit Court, Hillsborough County; Neil C. McMullen, Judge.
James B. McDonough, Jr. and John A. Curtiss, of Macfarlane, Ferguson, Allison Kelly, Tampa, for appellant.
Carlton, Fields, Ward, Emmanuel, Smith Cutler, P.A., Tampa, for appellees.
This court previously ruled in this case that appellant's counterclaim against appellee-Hall individually, must be dismissed. Pursuant to our mandate the trial court properly dismissed the counterclaim. Appellant then sought, by motion, to have the trial court docket his counterclaim as a separate and independent action against appellee-Hall, individually, and now appeals the trial court's denial of this motion. We affirm.
Hall v. McDonough (Fla.App.2d 1968), 216 So.2d 84.
Nothing herein, of course, nor in our prior decision is to be taken as res judicata on the merits of any claim appellant may have against appellee-Hall, individually, nor is appellant precluded from proceeding as he may be advised in a new, separate and independent action.
Affirmed.
HOBSON, C.J., and PIERCE and McNULTY, JJ., concur.