This case has been cited 1 times or more.
2009-04-07 |
CHICO-NAZARIO, J. |
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The Court takes note that permissive counterclaims are considered as separate actions in themselves,[17] and may be severed from the action on the Complaint. In the case at bar, the counterclaims of SK-KG rest on different provisions of the contract, and relate to amounts/obligations separate and distinct from those being claimed by SK-KG in its Complaint. The evidence required for SK-KG to prove its claims is different from that needed to establish the demands of Romago in its Complaint; thus, the counterclaim of SK-KG is merely permissive[18] and, consequently, may be severed from the main action. |