Greer v. Continental Enterprises, Inc.

ROGER J. WAYBRIGHT, Circuit Judge.

After due notice, a hearing was held on the defendant’s motions, including its motion to dismiss, addressed to the amended complaint.

At the hearing, reference was made to the fact that under 1954 Florida rule of civil procedure 1.8 (d) a defense based on the statute of frauds should be pleaded as an affirmative defense, rather than raised by a motion to dismiss a complaint. The plaintiff requested that this procedural facet be ignored, and that the court consider the matter as if a defense bottomed on the statute of frauds can properly be raised by such a…