Florida District Courts of Appeal, 1989

Simcox v. Wiggins

Simcox v. Wiggins
Florida District Courts of Appeal · Decided December 12, 1989 · Baskin, Cope, Hubbart
557 So. 2d 56; 14 Fla. L. Weekly 2917; 1989 Fla. App. LEXIS 6977; 1989 WL 149644 (Southern Reporter, Second Series)

Simcox v. Wiggins

Opinion of the Court

PER CURIAM.

Appellants Marion and Mary Simcox, defendants below, appeal a summary final judgment against them in an action to recover legal fees. We reverse.

The Simcoxes answered the complaint, and pled several affirmative defenses, including recoupment. Plaintiff/appellee Wiggins & Wiggins, P.A., moved for summary judgment. Wiggins argued that re-coupment was not a good defense, reasoning that the claim of recoupment was barred by the statute of limitations. On that issue Wiggins was in error. See Allie v. Ionata, 503 So.2d 1237, 1239-40 (Fla. 1987). It follows that, at least on the present record, the recoupment defense was not negated, see Emile v. First Nat’l Bank of Miami, 126 So.2d 305, 306-07 (Fla. 3d DCA 1961), and summary judgment should not have been entered.

Reversed.

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