WELLINGTON-HALL, LTD. v. COMPREHENSIVE COMMUNITIES CORP.

No. 73-1346.

321 So.2d 124 (1975)

WELLINGTON-HALL, LTD., a North Carolina Corporation, Appellant, v. COMPREHENSIVE COMMUNITIES CORPORATION, Formerly Osias Organization, Inc., Appellee.

District Court of Appeal of Florida, Fourth District.

October 31, 1975.


Attorney(s) appearing for the Case

Charles R. Morgan, Morgan, Carratt & O'Connor, Ft. Lauderdale, for appellant.

Marshall J. Cooper, Ft. Lauderdale, for appellee.


SCHWARTZ, ALAN R., Associate Judge.

The plaintiff-appellant sued the defendant-appellee for money damages arising out of an alleged breach of contract. Pursuant to Fla.Rule of Civil Procedure 1.110(d), the defendant raised the affirmative defense that the admittedly unsecured debt sued upon had been discharged in bankruptcy. At the nonjury trial the defendant introduced in support of this defense only a "Final Decree" entered by a Bankruptcy Judge which reflected...

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