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LYTTON v. BARNETT BANK OF COCOA, N.A.

No. 76-1341.

345 So.2d 794 (1977)

Edwin H. LYTTON et al., Appellants, v. BARNETT BANK OF COCOA, N.A., a National Banking Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

April 15, 1977.

Attorney(s) appearing for the Case

Becky A. Powhatan and J. Thomas Cardwell of Akerman, Senterfitt & Eidson, Orlando, for appellants.

Robert T. Westman of Stromire, Westman, Lintz & Baugh, Cocoa, for appellee.

DAUKSCH, Judge.

This is an appeal from an Order striking affirmative defenses and dismissing a counterclaim filed by Plaintiff and the Summary Judgment entered for the Appellee. Upon an examination of the alleged affirmative defenses and the counterclaim we find they are legally sufficient to set up defenses and state a cause of action, respectively, and they raise sufficient issues to preclude a summary judgment. Davis v. Evans, 132 So.2d...

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