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ZITO v. WASH. FED. SAV. & L. ASS'N

No. 75-307.

318 So.2d 175 (1975)

Barbara ZITO, Appellant, v. WASHINGTON FEDERAL SAVINGS & LOAN ASSOCIATION OF MIAMI BEACH, a United States Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 15, 1975.

Attorney(s) appearing for the Case

Shalle Stephen Fine and Steven R. Brownstein, Miami, for appellant.

Pepper, Clements, Hopkins & Weaver, Miami Beach, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

This is an interlocutory appeal to review an order striking defendants' affirmative defense with leave to amend.

Plaintiff, Washington Federal Savings and Loan Association of Miami Beach, appellee, filed a complaint to foreclose mortgage and named as defendants, Joseph and Barbara Zito. Defendants answered and alleged in their answer the following affirmative defense:

"AFFIRMATIVE DEFENSE "1) The Plaintiff, having advanced the...

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