Mayflower, Inc. v. Suskind

CARROLL, CHAS., Chief Judge.

Appellant, who was defendant below, seeks reversal of a judgment on a promissory note, which was entered against it in the amount of $13,175.13 plus attorney’s fees and costs in the circuit court in Dade County.

The defendant’s answer included a counterclaim asserting want of consideration. That defense, mistakenly included in the counterclaim, was entitled to be treated as though it had properly been set forth in the answer as an affirmative defense.1

The trial court granted plaintiff’s motion for judgment on the pleadings as to liability, *395with the resultant effect…