What Is a Compulsory Counterclaim?
In Florida civil litigation, when a plaintiff sues a defendant, the defendant does not merely have the option to countersue. Under Florida Rule of Civil Procedure 1.170, if the defendant has a claim against the plaintiff that arises from the same transaction or occurrence as the plaintiff's lawsuit, the defendant must file that claim as a compulsory counterclaim in the same case. If they fail to do so, the claim is permanently waived.
Real Estate Application
Consider this common scenario: A commercial landlord sues a tenant for $50,000 in unpaid rent (breach of the lease). The tenant believes the landlord owes them $30,000 for failing to repair a massive water leak that damaged their inventory (constructive eviction). Both claims arise from the same lease and the same dispute.
The tenant's $30,000 water damage claim is a compulsory counterclaim. The tenant must raise it in the landlord's eviction lawsuit. If the tenant defends against the rent lawsuit but stays silent about the water damage, and the case is resolved, the tenant cannot file a separate, second lawsuit for the $30,000 later. The claim is permanently dead under res judicata.
Compulsory vs. Permissive Counterclaims
- Compulsory — Arises from the same transaction. Must be filed or it is waived forever.
- Permissive — Arises from a completely different transaction. The defendant may file it in the same case for convenience, but they are not required to. They can save it for a separate lawsuit.
For example, if the tenant also believes the landlord owes them $10,000 from a completely unrelated car accident, that car accident claim is a permissive counterclaim. The tenant can raise it in the lease lawsuit if they want to, but they are not required to.
Related Terms
- Claim Preclusion (Res Judicata) — The doctrine that permanently bars a waived compulsory counterclaim
- Breach of Contract — The common underlying dispute that generates compulsory counterclaims
- Civil Complaint — The plaintiff's initial filing that triggers the counterclaim obligation
Barnes Walker Civil Litigation
Barnes Walker's civil litigators meticulously identify every compulsory counterclaim available to our Florida clients at the outset of litigation, ensuring no viable claim is accidentally waived and that every potential recovery is aggressively preserved. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC