Bopp v. Sims

District Court of Appeal of Florida

Bopp v. Sims

539 So. 2d 1165, 14 Fla. L. Weekly 601, 1989 Fla. App. LEXIS 1067, 1989 WL 20690

CourtDistrict Court of Appeal of Florida

DecidedMarch 8, 1989

DocketNo. 87-2304

StatusPublished

Cited by1 cases

This text of 539 So. 2d 1165 (Bopp v. Sims) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bopp v. Sims, 539 So. 2d 1165, 14 Fla. L. Weekly 601, 1989 Fla. App. LEXIS 1067, 1989 WL 20690 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

REVERSED. We reverse because we find in the record an affidavit from appellant, filed before the hearing on the motion for summary judgment, that asserts a defense that was left unresolved at the time summary judgment was entered. It also appears that the court's dismissal of appellant’s counterclaim was improper because the grounds for dismissal should have been the subject of an affirmative defense. In addition, it appears that the counterclaim was not subject to the limitations provisions of the probate act, at least in an amount up to the amount claimed by the estate. See § 733.702(3)(d), Fla.Stat.(1987).

ANSTEAD and WALDEN, JJ., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur.

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PER CURIAM.

REVERSED. We reverse because we find in the record an affidavit from appellant, filed before the hearing on the motion for summary judgment, that asserts a defense that was left unresolved at the time summary judgment was entered. It also appears that the court's dismissal of appellant’s counterclaim was improper because the grounds for dismissal should have been the subject of an affirmative defense. In addition, it appears that the counterclaim was not subject to the limitations provisions of the probate act, at least in an amount up to the amount claimed by the estate. See § 733.702(3)(d), Fla.Stat.(1987).

ANSTEAD and WALDEN, JJ., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur.

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539 So. 2d 1165, 14 Fla. L. Weekly 601, 1989 Fla. App. LEXIS 1067, 1989 WL 20690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bopp-v-sims-fladistctapp-1989.

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