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ORIGINWAVE TECH SOFT PRIVATE LIMITED, Appellant, v. MOBILE INSIGHT, LLC, Appellee.

District Court of Appeal of Florida, Third District2018-03-28No. No. 3D16–2460
239 So. 3d 794

Authorities cited

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Opinion

majority opinion

PER CURIAM.

Upon our review, and consistent with the acknowledgment of the parties that compulsory counterclaims remain pending below, we dismiss this appeal from the trial courts summary judgment order in favor of plaintiff on its declaratory judgment claim. See Londono v. Turkey Creek, Inc., 609 So.2d 14, 19-20 (Fla. 1992) ; Ryder Truck Lines, Inc. v. Pough, 392 So.2d 590, 591 (Fla. 3d DCA 1981) (recognizing that [i]t has been uniformly held that, because of the interrelationship between an original claim and a compulsory counterclaim, no appeal could be taken from either until the final disposition of both the claim and the counterclaim.)

Appeal dismissed.

In Londono, the Florida Supreme Court adopted the logical relationship test to be applied in determining whether a counterclaim is compulsory-that is, whether a counterclaim arises out of the transaction or occurrence that is the subject matter of the opposing partys claim. See Fla. R. Civ. P. 1.170(a). The Londono Court held:

[A] claim has a logical relationship to the original claim if it arises out of the same aggregate of operative facts as the original claim in two senses: (1) that the same aggregate of operative facts serves as the basis of both claims; or (2) that the aggregate core of facts upon which the original claim rests activates additional legal rights in a party defendant that would otherwise remain dormant.

Id. at 20 (quoting Neil v. S. Fla. Auto Painters, Inc., 397 So.2d 1160, 1164 (Fla. 3d DCA 1981) ) (additional citations omitted).