QR TRIPTYCH LLC v. LV MIDTOWN LLC (2023)

District Court of Appeal of Florida, Third District.

QR TRIPTYCH LLC, Appellant, v. LV MIDTOWN LLC, Appellee.

No. 3D22-0529

Decided: May 10, 2023

Before FERNANDEZ, C.J., and SCALES and BOKOR, JJ.

Shutts & Bowen, LLP, Aliette D. Rodz, and Julissa Rodriguez, Miami, and Garrett A. Tozier (Tampa), for appellant. Bilzin Sumberg Baena Price & Axelrod LLP, Jeffrey I. Snyder, Jake M. Greenberg, and Benjamin A. Mitchel, Miami, for appellee.

Affirmed. See Rule 1.170(a), Fla. R. Civ. P.; Londono v. Turkey Creek, Inc., 609 So. 2d 14, 19 (Fla. 1992) (“A compulsory counterclaim is ‘a defendant's cause of action arising out of the transaction or occurrence that formed the subject matter of the plaintiff's claim.’ ”); Orix Capital Mkts., LLC v. Park Ave. Assocs., Ltd., 881 So. 2d 646, 650 (Fla. 1st DCA 2004) (“A primary consequence of a party's failure to assert a compulsory counterclaim is that such failure ‘constitutes a waiver of the [party's] right to recover on it.’ ”); Floridian Cmty. Bank, Inc. v. Bloom, 25 So. 3d 43, 45 (Fla. 4th DCA 2009).

PER CURIAM.

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