District Court of Appeal of Florida May 16, 1978, No. 76-2711 (Miller v. Allen Engineering, Inc.)

PER CURIAM.

The trial court entered a judgment on the pleadings against the appellant, in which he determined among other things, that the basis of appellant’s action was known to the appellant during the pendency of previous litigation between the parties, and hence, the action should have been filed as a counterclaim.