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ALEXANDER HAMILTON CORP. v. LEESON

Nos. 85-2668, 4-86-0442.

508 So.2d 513 (1987)

ALEXANDER HAMILTON CORP., a Florida Corporation, Appellant, v. Gerald A. LEESON, et Ux., Appellees.

District Court of Appeal of Florida, Fourth District.

June 10, 1987.

Attorney(s) appearing for the Case

Reed B. McClosky, Fort Lauderdale, for appellant.

Robert A. Plafsky, Fort Lauderdale, for appellees.

PER CURIAM.

We reverse the final judgment which dismissed the complaint of Alexander Hamilton Corp. with prejudice, "as said complaint is barred by the Statute of Limitations as appears on the face of the complaint," and which judgment awarded costs and attorney fees to Mr. and Mrs. Leeson.

Under Florida Rules of Civil Procedure 1.110(d), the Leesons should have raised their affirmative defense of statute of limitations in their answer and not via a motion...

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