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PIONEER CONST. v. FIRST UN. NAT. BK.

No. 91-2876.

601 So.2d 313 (1992)

PIONEER CONSTRUCTION CO., and Thomas E. Beckering, Appellants, v. FIRST UNION NATIONAL BANK OF FLORIDA, f/k/a Florida National Bank, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 5, 1992.

Attorney(s) appearing for the Case

Randall W. Henley of Henley & Brabham, P.A., West Palm Beach, for appellants.

Burce Barkett of Collins, Brown & Caldwell, Vero Beach, for appellee.

PER CURIAM.

AFFIRMED.

WARNER and FARMER, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

I would reverse the summary judgment in the face of the unresolved affirmative defense of appellants. If the affirmative defense was legally invalid, the appellee had the obligation to so allege and seek to have the court strike it on those grounds. On the other hand, if the...

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