Legal Opinion
Zito v. Washington Federal Savings & Loan Ass'n of Miami Beach
District Court of Appeal of Florida
Decided July 29, 1975No. 75-307PublishedCited by 5 opinions
1Per curiam
This is an interlocutory appeal to review an order striking defendants’ affirmative defense with leave to amend.
Plaintiff, Washington Federal Savings and Loan Association of Miami Beach, ap-pellee, filed a complaint to foreclose mortgage and named as defendants, Joseph and Barbara Zito. Defendants answered and alleged in their answer the following affirmative defense:
“AFFIRMATIVE DEFENSE
“1) The Plaintiff, having advanced the note, the Defendant affirmatively states that the note was not in default and the Plaintiff had ample funds of the Defendant’s to apply to the note.”
Subsequently,…
2Cases cited2 opinions
- Citizens National Bank of Orlando v. YoungbloodDistrict Court of Appeal of Florida · 1974
- Walker v. WalkerDistrict Court of Appeal of Florida · 1971
3Cited by5 opinions
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- City of Miami v. Fraternal Order of PoliceDistrict Court of Appeal of Florida · 1977
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- Bliss v. CarmonaDistrict Court of Appeal of Florida · 1982
- South Florida Coastal Electric, Inc. v. Treasures on the Bay II Condo Ass'nDistrict Court of Appeal of Florida · 2012