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LURIE v. BARNETT BANK OF LEE COUNTY, N.A.

No. 93-04201.

661 So.2d 30 (1994)

John Miles LURIE, Appellant, v. BARNETT BANK OF LEE COUNTY, N.A., and Nationsbank, N.A., successor to Citizens and Southern Bank, N.A., Appellees.

District Court of Appeal of Florida, Second District.

December 28, 1994.

Attorney(s) appearing for the Case

Melissa A. Vasquez and Michael R.N. McDonnell, McDonnell Law Offices, Naples, for appellant.

J. Jeffrey Rice, Goldberg, Goldstein & Buckley, Ft. Myers, for appellee Barnett Bank.

Judith E. McCaffrey, McCaffrey & Raimi, P.A., Naples, for appellee NationsBank.

BLUE, Judge.

John Miles Lurie appeals from an order dismissing with prejudice his complaint. Lurie sought damages from Barnett Bank of Lee County, N.A., and NationsBank, N.A., alleging separate acts of negligence. We reverse because the affirmative defenses of statute of limitations and res judicata, on which the trial court based the dismissal, do not affirmatively appear within the four corners of the complaint.

The record before this court consists only...

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