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PETROFF v. PETROFF

No. 91-1295.

593 So.2d 1227 (1992)

Margaret PETROFF, Appellant, v. Paula S. PETROFF, Appellee.

District Court of Appeal of Florida, First District.

February 27, 1992.

Attorney(s) appearing for the Case

Laura Roesch of Hilton, Hilton, Kolk & Penson, Panama City, for appellant.

Jim Husbands, Panama City, for appellee.

PER CURIAM.

The appeal before us involves review of an order of dismissal on the grounds of res judicata and collateral estoppel. A motion to dismiss should not be granted on those grounds unless the defense is established by the facts alleged in the face of the complaint. Byrd v. City of Niceville, 541 So.2d 696 (Fla. 1st DCA 1989). Since such defenses were not established by the complaint, dismissal for this reason was...

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