CILIBERTI v. CILIBERTI

No. 81-2386.

416 So.2d 48 (1982)

Vincent CILIBERTI, Appellant, v. Conchita CILIBERTI and Dade Savings & Loan Association, Appellees.

District Court of Appeal of Florida, Third District.

July 6, 1982.


Attorney(s) appearing for the Case

Prunty, Ross, Olsen & Israel and William Bruce Israel, Miami, for appellant.

Barranco & Kellough and Peter H. Kircher and Steven Kellough, Miami, for appellees.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.


BASKIN, Judge.

Appellant husband filed a post-dissolution complaint in which he alleged that his former wife had fraudulently converted money market certificates. The wife sought and obtained dismissal of the complaint by asserting, in a motion to dismiss, affirmative defenses of estoppel, fraud, release, res judicata, and waiver.

We reverse upon our holding that the husband's claim was based upon conduct of which he had no knowledge at the time he executed...

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