JAMES MARSHALL SWAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES MARSHALL SWAIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
311 So. 2d 686
Florida District Court of Appeal, First District (1975)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. (See Johnson v. State, Fla. App.1st 1975, 308 So. 2d 127)
RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Eskell H. Kitchen v. Kitchen, 404 So. 2d 203 (Fla. 2d DCA 1981)…interpretation of the rules made by Mr. Trawick and the Moore Meats court have been followed in several cases, e. g., Equibank v. Penland, 344 So. 2d 629 (Fla. 1st DCA 1977); Miller v. Smith, 341 So. 2d 1021 (Fla. 4th DCA 1977); Pickard v. Miggins, 311 So. 2d 686 (Fla. 3d DCA 1975), and we are in accord with all of the foregoing authorities. Under the holding in Moore, it is only when “new matter” is sought to be asserted to avoid the affirmative defense that a reply is required. Consequently, where, as her…
Authorities Cited
- Ira Johnson v. State, 308 So. 2d 127 (Fla. 1st DCA 1975)