Legal Opinion
Neiman v. Galloway
District Court of Appeal of Florida
Decided January 21, 1998No. 96-3923PublishedCited by 7 opinions
1Opinion of the Court
704 So.2d 1131 (1998)
Brian NEIMAN, Appellant,
v.
Kevin GALLOWAY, et al., Appellees.
No. 96-3923.
District Court of Appeal of Florida, Fourth District.
January 21, 1998.
H. Dohn Williams, Jr., P.A., Fort Lauderdale, for appellant.
No brief filed on behalf of appellees.
WARNER, Judge.
The trial court sua sponte granted a judgment for the appellees in this suit on a promissory note, finding that the contract between the parties was unconscionable and against public policy. We reverse, holding that unconscionability is an affirmative defense which must be raised by proper pleading and that the facts…
2Cases cited4 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Southworth & McGill v. S. BELL TEL. AND TELEGRAPH CO.District Court of Appeal of Florida · 1991
- Herian v. Southeast Bank, NADistrict Court of Appeal of Florida · 1990
- Edwards v. Miami Transit CompanySupreme Court of Florida · 1942
3Cited by7 opinions
- Barakat v. Broward County Housing AuthorityDistrict Court of Appeal of Florida · 2000
- Harris v. GonzalezDistrict Court of Appeal of Florida · 2001
- TCB v. Dept. of Children and FamiliesDistrict Court of Appeal of Florida · 2002
- Bell Care Nurses Registry, Inc. v. Continental Casualty Co.District Court of Appeal of Florida · 2009
- Heilman v. ReppDistrict Court of Appeal of Florida · 2000
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