Florida District Courts of Appeal, 1989

Dubon v. Plaag

Dubon v. Plaag
Florida District Courts of Appeal · Decided May 3, 1989 · Garrett, Glickstein, Hersey
543 So. 2d 313; 14 Fla. L. Weekly 1091; 1989 Fla. App. LEXIS 2332; 1989 WL 43311 (Southern Reporter, Second Series)

Dubon v. Plaag

Opinion of the Court

GARRETT, Judge.

This is an appeal of a partial summary judgment finding the appellant had assaulted and battered the appellee.

We reverse. The burden is upon the moving party to disprove any affirmative defense before summary judgment can be entered. Bengyak v. Rosin, 437 So.2d 220 (Fla. 4th DCA 1983). This was not done. Whether the appellant acted in self-defense remains an issue which precludes the entry of summary judgment.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT HEREWITH.

HERSEY, C.J., and GLICKSTEIN, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.