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OGUZ v. OGUZ

No. 84-542.

478 So.2d 437 (1985)

Ender OGUZ, Appellant, v. Olyar OGUZ, Appellee.

District Court of Appeal of Florida, Fifth District.

November 7, 1985.

Attorney(s) appearing for the Case

Kelvin L. Averbuch, Port Orange, for appellant.

Garrett L. Briggs of Adams & Briggs, Daytona Beach, for appellee.

ON MOTION FOR REHEARING

COBB, Chief Judge.

The appellant has moved for rehearing in this cause on the ground, inter alia, that this court's affirmance of the trial court's dismissal for lack of subject matter jurisdiction was erroneous for the reason that the real issue raised by the defense motion and argument below was res judicata, not subject matter jurisdiction. Res judicata is an affirmative defense and must be pled. See

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