ZEHMER, Judge.
The issue in this case is whether the trial court erred in dismissing with prejudice Count I of appellant's third amended counterclaim. We reverse.
In his motion to dismiss, appellee (Parker) contended that appellant's (Barr's) counterclaim was barred by the statute of limitations and the statute of frauds. Both are affirmative defenses which cannot properly be raised by a motion to dismiss unless the complaint affirmatively and clearly shows...
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