Frisbie v. Carolina Casualty Insurance Co.
District Court of Appeal of Florida
1Opinion of the CourtWallis, J.
Bill Frisbie, Yankee Trailer Court, LLC, and Yankee Trailer Court, Inc. (“Appellants”), appeal the trial court’s grant of summary judgment in favor of Carolina Casualty Insurance Company (“Appellee”). Appellants argue that the trial court erred because Appellee failed to properly plead the doctrine of unclean hands prior to its second motion for summary judgment. We reverse and remand for further proceedings because the issue of unclean hands — asserted by Appellee as an avoidance to Appellants’ affirmative defenses— should have been pleaded in a reply to Appellants’ answer. We decline to…
Also in this document: Concurrence.
2Cases cited8 opinions
- Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Co.District Court of Appeal of Florida · 2013
- Cohen v. Kravit Estate Buyers, Inc.District Court of Appeal of Florida · 2003
- Dickerson v. Orange State Oil CompanyDistrict Court of Appeal of Florida · 1960
- CORAL RIDGE PROP., INC. v. Playa Del Mar Ass'n, Inc.Supreme Court of Florida · 1987
- Kitchen v. KitchenDistrict Court of Appeal of Florida · 1981
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3Cited by7 opinions
- RICHARD DEROUIN & KIM DEROUIN v. UNIVERSAL AMERICAN MORTGAGE COMPANY, LLCDistrict Court of Appeal of Florida · 2018
- Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLCDistrict Court of Appeal of Florida · 2017
- U.S. Bank v. WilsonDistrict Court of Appeal of Florida · 2018
- Gamero v. Foremost Insurance Co.District Court of Appeal of Florida · 2017
- GREEN GABLES APARTMENTS II, LTD. vs AHG TAX CREDIT FUND XVIII, LLC, TCIG GUARANTEED TAX CREDIT FUND VI, LLC, WELLS FARGO AFFORDABLE HOUSING COMMUNITY DEVELOPMENT CORPORATION, LAUREL PARK APARTMENTS, LTD., ET AL.District Court of Appeal of Florida · 2023
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