Lytton v. Barnett Bank of Cocoa, N. A.

District Court of Appeal of Florida

Lytton v. Barnett Bank of Cocoa, N. A.

345 So. 2d 794

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1977

DocketNo. 76-1341

StatusPublished

This text of 345 So. 2d 794 (Lytton v. Barnett Bank of Cocoa, N. A.) 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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Lytton v. Barnett Bank of Cocoa, N. A., 345 So. 2d 794 (Fla. Ct. App. 1977).

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Opinion

DAUKSCH, Judge.

This is an appeal from an Order striking affirmative defenses and dismissing a counterclaim filed by Plaintiff and the Summary Judgment entered for the Appellee. Upon an examination of the alleged affirmative defenses and the counterclaim we find they are legally sufficient to set up defenses and state a cause of action, respectively, and they raise sufficient issues to preclude a summary judgment. Davis v. Evans, 132 So.2d 476, 478 (Fla. 1st DCA 1961); Kutner v. Kalish, 173 So.2d 763 (Fla. 3d DCA 1965).

REVERSED and REMANDED for reinstatement of the second amended affirmative defenses and the counterclaim and further proceedings not inconsistent herewith.

CROSS and ALDERMAN, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from an Order striking affirmative defenses and dismissing a counterclaim filed by Plaintiff and the Summary Judgment entered for the Appellee. Upon an examination of the alleged affirmative defenses and the counterclaim we find they are legally sufficient to set up defenses and state a cause of action, respectively, and they raise sufficient issues to preclude a summary judgment. Davis v. Evans, 132 So.2d 476, 478 (Fla. 1st DCA 1961); Kutner v. Kalish, 173 So.2d 763 (Fla. 3d DCA 1965).

REVERSED and REMANDED for reinstatement of the second amended affirmative defenses and the counterclaim and further proceedings not inconsistent herewith.

CROSS and ALDERMAN, JJ., concur.

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345 So. 2d 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lytton-v-barnett-bank-of-cocoa-n-a-fladistctapp-1977.

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