Florida District Courts of Appeal, 1977

Barth Corp. v. Clevetrust Realty Investors

Barth Corp. v. Clevetrust Realty Investors
Florida District Courts of Appeal · Decided August 16, 1977 · Anstead, Dean, Downey, Roy
349 So. 2d 701; 1977 Fla. App. LEXIS 16214 (Southern Reporter, Second Series)

Barth Corp. v. Clevetrust Realty Investors

Opinion of the Court

PER CURIAM.

We have considered the appellate points presented in the briefs and find that appellant has failed to demonstrate reversible error.

Although the order appealed from provides that “the second amended counterclaim is dismissed with prejudice” counsel have agreed the order was intended to dismiss only Count III of the counterclaim and strike only the affirmative defense asserting usury.

Accordingly, the order appealed from is treated as dismissing only Count III of the counterclaim and striking the affirmative defense of usury and, as so treated, said order is affirmed.

AFFIRMED and remanded for further proceedings.

DOWNEY and ANSTEAD, JJ., and DEAN, ROY E., Associate Judge, concur.

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