RODRIGUEZ v. PALMETTO GAS COMPANY

No. 77-456.

358 So.2d 52 (1978)

Cruz R. RODRIGUEZ, Appellant, v. PALMETTO GAS COMPANY, a Florida Corporation, d/b/a Palmetto Appliance Company, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 19, 1978.


Attorney(s) appearing for the Case

Edward C. Vining, Jr. and Richard A. Burt, Miami, for appellant.

Turner, Hendrick, Guilford, Goldstein & McDonald and Bruce D. Fischman, Coral Gables, for appellee.

Before PEARSON, NATHAN and KEHOE, JJ.


PER CURIAM.

The defendant appeals a summary final judgment for the plaintiff, and the plaintiff cross-assigns error to an order striking its prayer for attorney's fees. Defendant's answer alleged as an affirmative defense that the plaintiff corporation was not, in fact, a corporation and, as such, was not entitled to maintain the action. Plaintiff filed a reply to the affirmative defense factually denying the defense. No affidavit or deposition in any way controverted...

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