AMERICAN ENVIRO-PORT, INC. v. WILLIAMS

No. BH-253.

489 So.2d 839 (1986)

AMERICAN ENVIRO-PORT, INC., a Florida Corporation, Appellant, v. John L. WILLIAMS, D/B/a John L. Williams Properties, Appellee.

District Court of Appeal of Florida, First District.

June 4, 1986.


Attorney(s) appearing for the Case

Jeffrey C. Regan, of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellant.

Daniel S. Brim, Fernandina Beach, for appellee.


BARFIELD, Judge.

The trial court entered judgment for appellee, John L. Williams, on a finding that appellant, American Enviro-Port, Inc., had abandoned its contract with appellee. Abandonment of contract is an affirmative defense that the defendant must raise in its answer, or otherwise it is waived. Appellee did not raise abandonment as a defense in its answer, and appellant consistently objected to the trial of that issue throughout the proceedings below. Therefore...

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