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JALLALI v. BARRY UNIVERSITY, INC.

No. 99-1556.

746 So.2d 583 (1999)

Dr. Masood JALLALI, Appellant, v. BARRY UNIVERSITY, INC., Appellee.

District Court of Appeal of Florida, Third District.

December 22, 1999.

Attorney(s) appearing for the Case

Stewart Lee Karlin (Ft. Lauderdale), for appellant.

Fisher & Phillips and James C. Polkinghorn and Suzanne K. Bogdan (Ft. Lauderdale), for appellee.

Before JORGENSON, GREEN, and FLETCHER, JJ.

FLETCHER, Judge.

We reverse the final order of the trial court dismissing Dr. Masood Jallali's complaint because the dismissal was predicated upon an affirmative defense that does not appear on the face of the complaint. E.g., Lewis v. Barnett Bank of So. Fla., N.A., 604 So.2d 937 (Fla. 3d DCA 1992). Contrary to Barry University's contention, the affirmative defense alleged in its answer to Jallali's complaint cannot be the...

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