Lipman v. Vanowen Realty Corp.

528 So. 2d 1384, 13 Fla. L. Weekly 1877, 1988 Fla. App. LEXIS 3537, 1988 WL 82528

Opinion

PER CURIAM.

We affirm in part and reverse in part. We reverse the trial court’s order of dismissal with prejudice insofar as it relates to the counts concerning declaratory relief and quiet title. We affirm the dismissal as to the other counts. We believe the trial court erred in resolving by a motion to dismiss the affirmative defense raised by the appellees concerning the unclean hands doctrine. While such a doctrine may be raised as an affirmative defense, its application to terminate the litigation here was premature, there being no evidentiary basis for determining the application of the doctrine or the extent of its application to this case.

ANSTEAD, LETTS and WALDEN, JJ., concur.