SMITH v. CAPITAL CITY SECOND NAT. BK., 660 So.2d 405 (Fla.App. 1 Dist. 1995)

JOSEPH T. SMITH AND BIG CHIEF MOTORS, INC., APPELLANTS, v. CAPITAL CITY SECOND NATIONAL BANK, MEMBER OF CAPITAL CITY BANK GROUP, APPELLEE.

No. 94-3817.District Court of Appeal of Florida, First District.
September 18, 1995.

An appeal from the Circuit Court for Leon County. F.E. Steinmeyer, III, Judge.

Robert A. Rand of Rand and Walker, Tallahassee, for appellants.

William M. Smith of Macfarlane Ausley Ferguson McMullen, Tallahassee, for appellee.

Page 406

PER CURIAM.

Appellants seek review of a summary final judgment entered in a civil damage action. The summary judgment was based upon the ground that appellants’ claims should have been presented as compulsory counterclaims to an earlier mortgage foreclosure action brought by appellee. We conclude that the claims asserted by appellants were not compulsory counterclaims to the earlier mortgage foreclosure action under the test adopted in Londono v. Turkey Creek, Inc., 609 So.2d 14 (Fla. 1992). Accordingly, we reverse, and remand for further proceedings.

REVERSED and REMANDED, with directions.

WOLF, WEBSTER and VAN NORTWICK, JJ., concur.