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RAMBARRAN v. BARNETT BANK

No. 93-582.

627 So.2d 1179 (1993)

David RAMBARRAN, et al., Appellants, v. BARNETT BANK OF SOUTH FLORIDA, N.A., Appellee.

District Court of Appeal of Florida, Third District.

November 2, 1993.

Attorney(s) appearing for the Case

Freedman & Verebay and Layne Verebay, North Miami Beach, for appellants.

Mandler & Silver and Glen H. Waldman and Laura L. Solomon, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.

PER CURIAM.

We find error both in the entry of summary judgment in the absence of a sworn contradiction of the affirmative defenses, Johnson & Kirby, Inc. v. Citizens Nat'l Bank, 338 So.2d 905 (Fla. 3d DCA 1976), and the denial of the appellants' motion for leave to file an amended counterclaim. Fla. R.Civ.P. 1.190(a); Montero v. Compugraphic Corp., 531 So.2d 1034 (Fla. 3d DCA...

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