HOLMES v. MERNAH

No. 80-2116.

427 So.2d 378 (1983)

D. Richard HOLMES, Appellant, v. Daniel P. MERNAH, Appellee.

District Court of Appeal of Florida, Fourth District.

March 9, 1983.


Attorney(s) appearing for the Case

Harvey J. Garod of Shutts & Bowen, Lake Worth, for appellant.

No appearance for appellee.


GLICKSTEIN, Judge.

The appellant/landlord seeks review of a final judgment following an adverse jury verdict in favor of the appellee/tenant in an action for assault and battery brought by the landlord. We reverse and remand for new trial.

Appellant's sole argument, with which we agree, is that the trial court erred in permitting the tenant to litigate at the trial his defense of privilege based upon the landlord...

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