SIMCOX v. WIGGINS

No. 88-1722.

557 So.2d 56 (1989)

Marion SIMCOX and Mary Simcox, Appellants, v. Robert H. WIGGINS, As Successor in Interest to Wiggins & Wiggins, P.A., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 23, 1990.


Attorney(s) appearing for the Case

Taylor, Brion, Buker & Greene, and Arnaldo Velez, Miami, for appellants.

Elena Moure-Domecq, for appellee.

Before HUBBART, BASKIN and COPE, JJ.


PER CURIAM.

Appellants Marion and Mary Simcox, defendants below, appeal a summary final judgment against them in an action to recover legal fees. We reverse.

The Simcoxes answered the complaint, and pled several affirmative defenses, including recoupment. Plaintiff/appellee Wiggins & Wiggins, P.A., moved for summary judgment. Wiggins argued that recoupment was not a good defense, reasoning that the claim of recoupment...

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