Dubon v. Plaag

District Court of Appeal of Florida

Dubon v. Plaag

543 So. 2d 313, 14 Fla. L. Weekly 1091, 1989 Fla. App. LEXIS 2332, 1989 WL 43311

CourtDistrict Court of Appeal of Florida

DecidedMay 3, 1989

DocketNo. 88-2323

StatusPublished

This text of 543 So. 2d 313 (Dubon v. Plaag) 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.

Bluebook

Dubon v. Plaag, 543 So. 2d 313, 14 Fla. L. Weekly 1091, 1989 Fla. App. LEXIS 2332, 1989 WL 43311 (Fla. Ct. App. 1989).

Pincite

Opinion

GARRETT, Judge.

This is an appeal of a partial summary judgment finding the appellant had assaulted and battered the appellee.

We reverse. The burden is upon the moving party to disprove any affirmative defense before summary judgment can be entered. Bengyak v. Rosin, 437 So.2d 220 (Fla. 4th DCA 1983). This was not done. Whether the appellant acted in self-defense remains an issue which precludes the entry of summary judgment.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT HEREWITH.

HERSEY, C.J., and GLICKSTEIN, J., concur.

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