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HOLLEY v. UNIVERSAL RENTAL PROPERTIES, INC.

No. AI-398.

416 So.2d 861 (1982)

Jo Ann Elizabeth HOLLEY, Appellant, v. UNIVERSAL RENTAL PROPERTIES, INC., Appellee.

District Court of Appeal of Florida, First District.

July 13, 1982.

Attorney(s) appearing for the Case

Steven E. Rohan of Vickers & Rohan, P.A., Jacksonville, for appellant.

John S. Duss of Duss & Butler, Jacksonville, for appellee.

PER CURIAM.

We reverse the order granting appellee's motion to quash appellant's motion for leave to file a counterclaim and a crossclaim in appellee's action for ejectment, quiet title and rescission and cancellation.

The order appealed was based upon a finding that the final judgment in Case No. 80-531-CA is res judicata as to the proposed counterclaim and crossclaim. It is settled law that where the defense of res judicata does not appear on the face of...

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