Barrett, Robert & Woods, Inc. v. Armi

HILL, Judge.

Defendant first assigns error to the trial court’s rejection of his licensing defense, a defense raised for the first time in defend ant’s motion for summary judgment and reasserted by defendant at trial in a motion to dismiss. The court rejected the defense on two bases: that it was not properly raised because defendant never asserted it in his pleadings or amended pleadings; and that, even if properly raised, it should be rejected because plaintiff was licensed at the time it entered into the contract with defendant and substantially complied with the licensing statute.…