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FRANK v. CAMPBELL PROPERTY MANAGEMENT, INC.

No. 76-2117.

351 So.2d 364 (1977)

Giesela FRANK, Appellant, v. CAMPBELL PROPERTY MANAGEMENT, INC., and Medical Arts Gardens, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

October 25, 1977.

Attorney(s) appearing for the Case

Paul H. Bass of Krongold & Bass, Miami, for appellant.

Pomeroy, Betts & Wiederhold, Fort Lauderdale, and Joe N. Unger, Miami, for appellee-Campbell Property Management, Inc.

Peter A. Miller of Preddy, Haddad, Kutner, Hardy & Josephs, Miami, for appellee-Medical Arts Gardens, Inc.

DOWNEY, Judge.

The sole question presented on this appeal is whether the defense of res judicata which does not appear on the face of the complaint can be raised by motion to dismiss. The answer is unequivocally that it cannot.

Appellant sued appellee corporations for malicious prosecution, basing the suit on the allegedly improper acts of William B. Campbell, agent of the appellee corporations. Appellees moved to dismiss the complaint on several grounds,...

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