JUVENILE DIABETES RESEARCH FOUNDATION v. RIEVMAN

No. 77-2436.

370 So.2d 33 (1979)

JUVENILE DIABETES RESEARCH FOUNDATION, Appellant, v. Dr. Steven RIEVMAN, Vivi DeArmas, and Marietta Tye, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 16, 1979.


Attorney(s) appearing for the Case

Martin D. Kahn, North Miami, Susan Goldman, Miami, for appellant.

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Miami, Rash & Katzen, South Miami, for appellees.

Before PEARSON, HUBBART and SCHWARTZ, JJ.


HUBBART, Judge.

The central issue raised by this appeal is whether in an action for breach of an employment contract [brought by an employee for an alleged wrongful discharge prior to completion of the contract] the defendant employer [if he chooses to raise the issue] must plead as an affirmative defense under Fla.R.Civ.P. 1.110(d) and prove at trial as a set-off on damages what the plaintiff employee actually earned, or could have earned through the use of due diligence...

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