FASON v. EMPAC INTERN. CORP.

No. 93-2613.

648 So.2d 1270 (1995)

Stewart E. FASON, D/B/a Pc Systems, Appellant, v. EMPAC INTERNATIONAL CORPORATION, a California Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

February 1, 1995.


Attorney(s) appearing for the Case

Durwood A. Hunter, Lake Worth, for appellant.

Michael B. Manes, Manes & Saperstein, P.A., Fort Lauderdale, for appellee.


PER CURIAM.

The final judgment appealed followed the trial court's granting of a motion for involuntary dismissal as to the sole remaining count in what was originally a three-count complaint. The underlying issue was whether appellant, plaintiff below, failed to prove a default by appellee, from which certain consequences would have flowed. We hold that the issue and its consequences were defensive matters which were not properly considered by the trial court when...

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