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ALS MAXIM, LLC v. INNOCENT

No. 4D15-1610.

195 So.3d 421 (2016)

ALS MAXIM, LLC, Appellant, v. Success INNOCENT, Irlande Innocent and Lantana Homes Homeowners Association, Appellees.

District Court of Appeal of Florida, Fourth District.

July 20, 2016.

Attorney(s) appearing for the Case

Heidi J. Bassett and Robert R. Edwards of Robertson Anschutz & Schneid, P.L., Boca Raton, for appellant.

Brian Korte of Korte & Wortman, P.A., West Palm Beach, for appellee, Success Innocent.

We reverse the order dismissing the foreclosure complaint, entered on appellee's motion to dismiss. The rationale for granting the motion was that the affirmative defense of res judicata barred the complaint. Res judicata is an affirmative defense that ordinarily must be pleaded "in an answer or similar pleading." Palmer v. McCallion,

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