From Casetext: Smarter Legal Research

Lipman v. Vanowen Realty Corp.

District Court of Appeal of Florida, Fourth District
Aug 10, 1988
528 So. 2d 1384 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2440.

August 10, 1988.

Appeal from the Circuit Court for Broward County; Barbara Bridge, Judge.

Joel Miller of Miller, Squire Rafferty, Chartered, Fort Lauderdale, for appellants.

Philip S. Vova of Goldberg and Vova, P.A., Miami, for appellees-Vanowen Realty Corp., Louis Victor, Rebecca Victor and Beverly Grushoff.

Robert L. Jennings of Holland Knight, Fort Lauderdale, for appellees-Flag Development Corp. and Allan J. Rosenberg.


We affirm in part and reverse in part. We reverse the trial court's order of dismissal with prejudice insofar as it relates to the counts concerning declaratory relief and quiet title. We affirm the dismissal as to the other counts. We believe the trial court erred in resolving by a motion to dismiss the affirmative defense raised by the appellees concerning the unclean hands doctrine. While such a doctrine may be raised as an affirmative defense, its application to terminate the litigation here was premature, there being no evidentiary basis for determining the application of the doctrine or the extent of its application to this case.

ANSTEAD, LETTS and WALDEN, JJ., concur.


Summaries of

Lipman v. Vanowen Realty Corp.

District Court of Appeal of Florida, Fourth District
Aug 10, 1988
528 So. 2d 1384 (Fla. Dist. Ct. App. 1988)
Case details for

Lipman v. Vanowen Realty Corp.

Case Details

Full title:MURRAY LIPMAN, TRUSTEE, HAROLD LIPMAN AND ESTELLE LIPMAN, HIS WIFE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 10, 1988

Citations

528 So. 2d 1384 (Fla. Dist. Ct. App. 1988)

Citing Cases

Sovran Bank, N.A. v. Parsons

In sum we hold that the dismissal was premature. Lipman v. Vanowen Realty Corp., 528 So.2d 1384 (Fla. 4th DCA…