Mills v. Ball

District Court of Appeal of Florida

Mills v. Ball

358 So. 2d 556, 1978 Fla. App. LEXIS 15882

CourtDistrict Court of Appeal of Florida

DecidedFebruary 22, 1978

DocketNo. II-19

StatusPublished

This text of 358 So. 2d 556 (Mills v. Ball) 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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Mills v. Ball, 358 So. 2d 556, 1978 Fla. App. LEXIS 15882 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

Appellant Mills takes this timely interlocutory appeal to review the order of the trial court which granted appellees’ motion to strike appellant’s amended affirmative defenses to the Supplemental Petition of ap-pellees, plaintiffs below. We affirm, for the reason that the issues sought to be raised by such affirmative defenses are tendered by the appellees in their Supplemental Petition in the trial court and joined therein by appellant by his answer thereto. The material allegations of fact contained in the affirmative defenses which were stricken below may be proven under the general issues or denials raised by the answer of appellant. (Tropical Exterminators, Inc. v. Murray, 171 So.2d 432 (Fla.2d DCA 1965)).

AFFIRMED.

McCORD, C. J., MILLS, J., and MASON, ERNEST E., Associate Judge, concur.

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PER CURIAM.

Appellant Mills takes this timely interlocutory appeal to review the order of the trial court which granted appellees’ motion to strike appellant’s amended affirmative defenses to the Supplemental Petition of ap-pellees, plaintiffs below. We affirm, for the reason that the issues sought to be raised by such affirmative defenses are tendered by the appellees in their Supplemental Petition in the trial court and joined therein by appellant by his answer thereto. The material allegations of fact contained in the affirmative defenses which were stricken below may be proven under the general issues or denials raised by the answer of appellant. (Tropical Exterminators, Inc. v. Murray, 171 So.2d 432 (Fla.2d DCA 1965)).

AFFIRMED.

McCORD, C. J., MILLS, J., and MASON, ERNEST E., Associate Judge, concur.

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358 So. 2d 556, 1978 Fla. App. LEXIS 15882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-ball-fladistctapp-1978.

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