Ex Parte Gadsden Country Club

The main opinion concludes that GCC’s defense is not an affirmative defense and that, because it is not, the trial court’s order striking it is not reviewable by a petition for the writ of mandamus. See 14 So.3d at 834 (“Because GCC’s defense was not an affirmative defense, GCC does not have a clear legal right to the issuance of a writ of mandamus, and this Court must deny its petition for the writ.”). I agree that GCC’s defense is not an affirmative defense. I further agree that the petition for the writ of mandamus should be denied. I disagree, however, that this case turns on whether…