H.G. Shew and Ethel H. Shew v. Paul W. Kirby

This appeal is brought from a summary final decree wherein the lower court held that appellants, defendants below, were barred from asserting their answer and counterclaim against plaintiff-appellee in this suit for injunctive relief since the subject matter contained in said answer and counterclaim was barred by the doctrines of res judicata and laches. The reformation of a deed, the necessity for which was raised in the answer and which was sought by the counterclaim, had previously been before the court between the same parties. Defendant-counterclaimant in the instant case was the plaintiff in the prior suit which was dismissed for failure to prosecute under § 45.19, F.S.A.