MURRAY LIPMAN, TRUSTEE, HAROLD LIPMAN AND ESTELLE LIPMAN, HIS WIFE, APPELLANTS,
v.
VANOWEN REALTY CORP., ET AL., APPELLEES
MURRAY LIPMAN, TRUSTEE, HAROLD LIPMAN AND ESTELLE LIPMAN, HIS WIFE, APPELLANTS,
VANOWEN REALTY CORP., ET AL., APPELLEES
528 So. 2d 1384
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
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Sovran Bank, N.A. v. Parsons, 547 So. 2d 1044 (Fla. 4th DCA 1989)…0 and Rule 1.120, envision that appellee should file its answer and affirmative defenses, as it is advised, whereupon the issues may be drawn, litigated, and decided. In sum we hold that the dismissal was premature. Lipman v. Vanowen Realty Corp., 528 So. 2d 1384 (Fla. 4th DCA 1988); Avila v. Pacindat Mutual Protection & Indemnity Association, Ltd., 528 So. 2d 510 (Fla. 3rd DCA 1988). REVERSED AND REMANDED. ANSTEAD, WALDEN and GUNTHER, JJ., concur.…
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Coleman Fred Sule v. State, 968 So. 2d 99 (Fla. 4th DCA 2007)…gous situation to this case, we have held that the trial court did not abuse its discretion in excluding a witness who, through the invocation of the privilege, would imply that someone other than the defendant committed the crime. In Maul v. State, 528 So. 2d 1384 (Fla. 4th DCA 1988), the trial court excluded the entire testimony of a defense witness who, during a proffer, invoked the Fifth Amendment privilege as to critical questions involving the hit and run accident with which appellant was charged and con…