RULE 7.100. COUNTERCLAIMS; SETOFFS; THIRD-PARTY
COMPLAINTS; TRANSFER WHEN JURISDICTION
EXCEEDED

(a) Compulsory Counterclaim. If a defendant has a claim
or setoff against a plaintiff that arises out of the same transaction
or occurrence which is the subject matter of the plaintiff’s claim,
the counterclaim or setoff shall be filed not less than 5 days before
the initial appearance date (pretrial conference), or within such time
as the court designates, or it is abandoned.

(b) Permissive Counterclaim. If a defendant has a claim or
setoff against a plaintiff that does not arise out of the same
transaction or occurrence which is the subject matter of the
plaintiff’s claim, then the counterclaim or setoff may be filed not
less than 5 days before the initial appearance date (pretrial
conference) or within such time as the court designates, and tried,
providing that such permissive claim is within the jurisdiction of
the court.

(c) How Filed. Counterclaims and setoffs shall be filed in
writing with the clerk of court and served on the plaintiff or to the
attorney of the plaintiff if the plaintiff is represented by an attorney.
If additional time is needed to prepare a defense, the court may
continue the action.

(d) Transfer When Beyond Jurisdiction. When a
counterclaim or setoff is filed and exceeds the jurisdiction of the
small claims court, the action shall then be transferred to the court
having jurisdiction. The counterclaimant shall deposit with the
clerk of the court a sum sufficient to pay the filing fee in the court
to which the case is to be transferred. Failure to make the deposit
at the time of filing, or with such further time as the court may
allow, waives the right to transfer.
(e) Third-Party Complaints. A defendant may cause a
statement of claim to be served on a person not a party to the
action who is or may be liable to the defendant for all or part of the
plaintiff’s claim against the defendant. A defendant must obtain
leave of court on motion made at the initial appearance date
(pretrial conference) and must file the third-party complaint within
such time as the court may allow. The clerk must schedule a
supplemental pretrial conference, and on the date and time
appointed in the notice to appear the third-party plaintiff and the
third-party defendant must appear personally or by counsel. Such
appearance may be in person or through the use of communication
technology under Florida Rule of General Practice and Judicial
Administration 2.530. If additional time is needed for the third-
party defendant to prepare a defense, the court may continue the
action. Any party may move to strike the third-party claim or for its
severance or separate trial. When a counterclaim is asserted against
the plaintiff, the plaintiff may bring in a third-party defendant
under circumstances that would entitle a defendant to do so under
this rule.

Committee Notes

1988 Amendment. Provides for and authorizes third-party
claims so that all issues may be addressed and resolved. Also
provides for a title change.