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DUBON v. PLAAG

No. 88-2323.

543 So.2d 313 (1989)

Andre DUBON, an Individual, Appellant, v. Terrall H. PLAAG, Chanteclair Villas Recreation Association, Inc., a Florida Corporation, Chanteclair Villas Association # 1, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 13, 1989.

Attorney(s) appearing for the Case

Richard A. Sherman of Richard A. Sherman, P.A., Fort Lauderdale, for appellant.

Michael S. Smith of Charles C. Powers, P.A., West Palm Beach, for appellees.

GARRETT, Judge.

This is an appeal of a partial summary judgment finding the appellant had assaulted and battered the appellee.

We reverse. The burden is upon the moving party to disprove any affirmative defense before summary judgment can be entered. Bengyak v. Rosin, 437 So.2d 220 (Fla. 4th DCA 1983). This was not done. Whether the appellant acted in self-defense remains an issue which precludes the entry of summary...

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