A counterclaim under UCPR 177 depends upon there being a proceeding; once an action is discontinued it is no longer a proceeding and no counterclaim can be filed. UCPR 311 preserves only counterclaims that were in existence before discontinuance. An appellant who is impecunious and whose appeal from interlocutory discretionary orders has slight prospects of success will be ordered to provide security for costs.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
7 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.