KORNBLUH v. LOWENBERG

No. 80-2029.

401 So.2d 880 (1981)

Alan M. KORNBLUH and Sidney Crown, Appellants, v. Celia LOWENBERG, As President of and Trustee for Gilbros Associates, a Dissolved Florida Corporation; and Celia Lowenberg, Individually, Appellees.

District Court of Appeal of Florida, Third District.

July 21, 1981.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Miami, Colodny & Fass, North Miami, for appellants.

Patton, Kanner, Segal, King & Kubit and J. Alberto Gonzalez-Pita, Miami, for appellees.

Before HENDRY, SCHWARTZ and DANIEL S. PEARSON, JJ.


SCHWARTZ, Judge.

After a non-jury trial on the complaint and answer, the lower court entered a money judgment in favor of the defendants and against the plaintiffs, even though no counterclaim or any other pleading or demand for such relief had ever been filed. This was plainly improper. Pond v. McKnight, 339 So.2d 1149 (Fla.2d DCA 1976); see also, Cortina v. Cortina, 98 So.2d 334

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