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Civil Procedure Keyed to Subrin
Podhorn v. Paragon Group, Inc.
Facts
Before this case, Paragon filed suit against Podhorn for rent that was owed. The lower court found for Paragon Group and awarded the back rent. Subsequently, in this suit, Podhorn filed suit for constructive eviction, breach of implied warranty of habitability, false swearing, false credit reports, breach of implied covenant of quiet enjoyment, negligence, and abuse of process, prima facie tort, conversion, and malicious prosecution. Paragon Group filed a motion to dismiss on the basis that those claims were compulsory counterclaims that should have been previously filed.
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