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TESHER & TESHER v. COOK

No. 79-2001.

386 So.2d 1305 (1980)

TESHER & TESHER, P.A., Appellant, v. Thomas P. COOK, Murray Donitz, Joseph P. Marrocco and Dental Insurance Plans, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

August 20, 1980.

Attorney(s) appearing for the Case

Jeanne E. Faiks, Fort Lauderdale, for appellant.

Norman Marcus of Marcus & Stark, P.A., Plantation, for appellee, Donitz.

PER CURIAM.

This appeal from a non-final order presents the question of the proper interpretation to be placed upon the term "prior pleading" appearing in Rule 1.110(d), Florida Rules of Civil Procedure.

In Frank v. Campbell Property Management, Inc., 351 So.2d 364 (Fla. 4th DCA 1977) we announced the rule that the defense of res judicata may not be raised by motion to dismiss except where the allegations of the complaint...

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