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FROOM v. ROSEN

No. 96-1642.

692 So.2d 1006 (1997)

Ronald FROOM, Appellant, v. Clifford ROSEN, Norman Rosen and Rosen Associates, Inc., Appellees.

District Court of Appeal of Florida, Third District.

May 7, 1997.

Attorney(s) appearing for the Case

Hoffman & Hertzig and Carl H. Hoffman, Coral Gables, for appellant.

Shapo, Freedman & Fletcher and David A. Freedman, Miami, for appellees.

Before NESBITT, COPE and SORONDO, JJ.

PER CURIAM.

Ronald Froom appeals a final order dismissing his counterclaim in a declaratory judgment action.* It appears from the face of the dismissal order that the trial court based its dismissal on the statute of frauds, a defense which did not appear on the face of the counterclaim. We reverse the dismissal order and remand for consideration of the motion to dismiss, confined to the four corners of the counterclaim. See Martin...

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