NEIMAN v. GALLOWAY

No. 96-3923.

704 So.2d 1131 (1998)

Brian NEIMAN, Appellant, v. Kevin GALLOWAY, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

January 21, 1998.


Attorney(s) appearing for the Case

H. Dohn Williams, Jr., P.A., Fort Lauderdale, for appellant.

No brief filed on behalf of appellees.


WARNER, Judge.

The trial court sua sponte granted a judgment for the appellees in this suit on a promissory note, finding that the contract between the parties was unconscionable and against public policy. We reverse, holding that unconscionability is an affirmative defense which must be raised by proper pleading and that the facts before the trial court did not show that this contract was against public policy.

The parties were involved with each other in...

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