SYNCOM CORPORATION, APPELLANT,
v.
BANK LEUMI TRUST COMPANY OF NEW YORK, APPELLEE
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[*208] PER CURIAM.
Syncom Corporation [Syncom] challenges an adverse final judgment. First, Syncom contends that appellee’s claim, based on non-payment of promissory notes and guarantees, is unenforceable because required documentary stamps were not affixed to the notes; second, that it is entitled to set off judgments appellee obtained against other parties; and third, that the amount awarded for attorneys’ fees award was improper. We affirm.
By failing to plead the absence of documentary stamps as an affirmative defense, appellant waived the issue. Goldberger v. Regency Highland Condominium Association, Inc., 452 So. 2d 583 (Fla. 4th DCA 1984); Fink v. Powsner, 108 So. 2d 324 (Fla. 3d DCA 1958), cert. discharged, 114 So. 2d 6 (Fla.1959). The other points lack merit. We therefore affirm the final judgment without prejudice to appellant applying to the trial court for correction of any clerical error in the final judgment.
Affirmed.
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In the Interest of D.F.W. Jr. Dep't OF H.R.S. v. Devel F. Wesley, 497 So. 2d 925 (Fla. 5th DCA 1986)…as a defense to appellant’s suit to collect and receive child support payments pursuant to section 409.2561, Florida Statutes. I therefore concur in the majority opinion for the reasons stated herein. . Syncom Corp. v. Bank Leumi Trust Co. of N.Y., 479 So. 2d 207 (Fla. 3rd DCA 1985) (failure to plead affirmative defense constitutes waiver); Phillips v. Adams, 339 So. 2d 665, 666 (Fla. 4th DCA 1976) (refusal to allow visitation is an affirmative defense). . O'Brien v. O’Brien, 424 So. 2d 970 (Fla. 3rd DCA 19…
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Moore Int'l Trucks, Inc. v. Foothill Cap. Corp., 560 So. 2d 1301 (Fla. 2d DCA 1990)…al argument that plaintiff had actual notice of defendant’s intent to sell the truck. However, as plaintiff points out, defendant failed to raise this aspect as an affirmative defense. See Fla.R.Civ.P. 1.110(d); Syncom Corp. v. Bank Leumi Trust Co., 479 So. 2d 207 (Fla. 3d DCA 1985). In any event, the relevant inquiry is whether defendant complied with section 713.585. It is beyond dispute that defendant did not. Affirmed. SCHOONOVER, A.C.J., and PARKER, J., concur.…
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- Fink v. Ira L. Powsner, 108 So. 2d 324 (Fla. 3d DCA 1958)
- Goldberger v. Regency Highland Condo. Ass'n, Inc., 452 So. 2d 583 (Fla. 4th DCA 1984)
- Cozart v. Gordon (two cases), 114 So. 2d 6 (Fla. 1959)
- Drakoulakos v. State, 114 So. 2d 6 (Fla. 1959)