ADAMS, Justice.
Plaintiff James McConico sued the defendants concerning matters arising out of two cases, McConico v. Avenue of Homes, CV-86-853 and 87-103 (Jefferson County Circuit Court). His present case raises the issue of whether the affirmative defenses of res judicata, waiver, and immunity can be raised for the first time on a motion for summary judgment without an amended answer having been offered to set forth the defense. We answered this question...
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