Londono v. Turkey Creek, Inc.

Turkey Creek, Inc. (defendant), a Florida corporation, owned a residential development called Turkey Creek. Turkey Creek operated the development pursuant to a series of written covenants and bylaws enforced by homeowners’ associations throughout the development. Javier Londono (plaintiff), along with other Turkey Creek residents, sued Turkey Creek to challenge proposed amendments to the governing covenants and bylaws. Turkey Creek opposed Londono’s action, and the trial court ultimately entered a final judgment in Turkey Creek’s favor and awarded Turkey Creek costs. Turkey Creek then sued Londono for slander-of-title and malicious prosecution. Specifically, Turkey Creek alleged that Londono publicly made numerous false, defamatory statements about Turkey Creek to local government officials and third-parties. The trial court dismissed Turkey Creek’s action, holding that (1) Turkey Creek could not recover on a malicious-prosecution claim related to Londono’s actions because it had already elected its remedy by obtaining a costs-judgment against Londono; and (2) Turkey Creek’s slander-of-title claim was waived because Turkey Creek failed to timely raise it as a compulsory counterclaim in Londono’s action. Turkey Creek appealed. The appellate court reversed, holding that Turkey Hill’s slander-of-title claim was not a compulsory counterclaim to Londono’s prior action, and that Turkey Creek could recover on its malicious-prosecution claim because the damages sought, namely damages for harm to Turkey Creek’s reputation, could not have been recovered in Londono’s prior action. Londono appealed to the Florida Supreme Court.