A.J. STANTON, JR., P.A. v. IVEY

Nos. 93-2749 and 94-776.

645 So.2d 1050 (1994)

A.J. STANTON, JR., P.A., Appellant, v. James D. IVEY, Appellee.

District Court of Appeal of Florida, Fifth District.

November 10, 1994.


Attorney(s) appearing for the Case

Jeffrey S. Badgley and William E. Ruffier of Sanders, McEwan, Martinez, Luff & Dukes, P.A., Orlando, for appellant.

Thomas F. Neal and D. John Morgeson, Jr. of Drage, deBeaubien, Knight, Simmons, Romano & Neal, Orlando, for appellee.


COBB, Judge.

The appellant, Stanton, as plaintiff below, filed a mortgage foreclosure action against Ivey based upon a 1984 note and mortgage in the amount of $10,000 executed by the latter in settlement of an attorney's fee dispute. Ivey admittedly defaulted on the note; he defended the action by raising the equitable defense of unclean hands. This defense was based upon Ivey's contention that at the time of settlement he was not aware that Stanton had improperly...

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