Fla. Fam. L. R. P. 12.170

RULE 12.170

COUNTERPETITTIONS AND CROSSCLAIMS

(a) Compulsory Counterpetitions. A pleading must state as

a counterpetition any claim which at the time of serving the

pleading the pleader has against any opposing party, provided it

arises out of the transaction or occurrence that is the subject

matter of the opposing party’s claim and does not require for its

adjudication the presence of third parties over whom the court

cannot acquire jurisdiction. But the pleader need not state a claim

if (1) at the time the action was commenced the claim was the

subject of another pending action, or (2) the opposing party brought

suit upon that party’s claim by attachment or other process by

which the court did not acquire jurisdiction to render a personal

judgment on the claim and the pleader is not stating a

counterpetition under this rule.

(b) Permissive Counterpetition. A pleading may state as a

counterpetition any claim against an opposing party not arising out

of the transaction or occurrence that is the subject matter of the

opposing party’s claim.

(c) Counterclaim Exceeding Opposing Claim. A

counterclaim may or may not diminish or defeat the recovery

sought by the opposing party. It may claim relief exceeding in

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amount or different in kind from that sought in the pleading of the

opposing party.

(d) Counterclaim Against the State. These rules shall not

be construed to enlarge beyond the limits established by law the

right to assert counterclaims or to claim credits against the state or

any of its subdivisions or other governmental organizations of the

state subject to suit or against a municipal corporation or against

an officer, agency, or administrative board of the state.

(e) Counterclaim Maturing or Acquired after Pleading. A

claim which matured or was acquired by the pleader after serving

the pleading may be presented as a counterpetition by

supplemental pleading with the permission of the court.

(f) Omitted Counterclaim or Crossclaim. When a pleader

fails to set up a counterclaim or crossclaim through oversight,

inadvertence, or excusable neglect, or when justice or equity

requires, the pleader may set up the counterclaim or crossclaim by

amendment with leave of the court.

(g) Crossclaim Against Co-Party. A pleading may state as a

crossclaim any claim by one party against a co-party arising out of

the transaction or occurrence that is the subject matter of either

the original action or a counterclaim within the original action, or

relating to any property that is the subject matter of the original

action. The crossclaim may include a claim that the party against

whom it is asserted is or may be liable to the crossclaimant for all

or part of a claim asserted in the action against the crossclaimant.

Service of a crossclaim on a party who has appeared in the action

must be made under rule 12.080. Service of a crossclaim against a

party who has not appeared in the action must be made in the

manner provided for service of summons.

(h) Additional Parties May Be Brought In. When the

presence of parties other than those to the original action is

required to grant complete relief in the determination of a

counterclaim or crossclaim, they must be named in the

counterpetition or crossclaim and be served with process and will

be parties to the action thereafter if jurisdiction of them can be

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obtained and their joinder will not deprive the court of jurisdiction

of the action. Rules 12.250(b) and (c) apply to parties brought in

under this subdivision.

(i) Separate Trials; Separate Judgment. If the court orders

separate trials, a judgment on a counterclaim or crossclaim may be

rendered when the court has jurisdiction to do so even if a claim of

the opposing party has been dismissed or otherwise disposed of.

2012 Amendment. This rule is amended to provide for service

in accordance with Florida Rule of Judicial Administration 2.516.