App.1983), rev. denied, 451 So.2d 847 (Fla. 1984)). A similarly longstanding axiom is that the compulsory counterclaim rule is designed to foreclose the possibility of duplicative litigation. Hence, Florida courts encourage a “broad, realistic interpretation” of the rule that allows the rule to accomplish its goal. Montgomery Ward Dev. Corp. v. Justen 932 F.2d 1378, 1381 (11th Cir.1991) (quoting Stone v. Pembroke Lakes Trailer Park, Inc., 268 So.2d 400, 402 (Fla.Dist.Ct.App. 1972)), If the court determines as a matter of law that a counterclaim is compulsory in nature, a party’s failure to raise the. counterclaim in earlier litigation constitutes a waiver of the claim. Yost, 570 So.2d at 352; see also Republic Health v. Lifemark Hosps. of Fla., 755 F.2d 1453, 1454 (11th Cir.1985) (<HOLDING>). Florida courts use a “transaction or
holding that the determination of whether the debtor is using real property as his principal residence is made as of the petition date for the purposes of section 1322b2 holding bankruptcy courts determination that payment on account was made for new value erroneous as matter of law holding that claim construction is a matter of law for the court to determine holding that determination of whether someone is an employee under the adea must be made in accordance with common law agency principles holding that the determination of whether a counterclaim is compulsory is made as a matter of law