DONALD R. CREWS AND LUCILLE G. CREWS, HUSBAND AND WIFE, APPELLANTS,

v.

THE DANIA BANK, A FLORIDA BANKING CORPORATION, MARINOFF CONSTRUCTION OF SOUTH FLORIDA, INC., A FLORIDA CORPORATION, HERBERT S. FREEHLING, AS TRUSTEE IN BANKRUPTCY OF MARINOFF CONSTRUCTION OF SOUTH FLORIDA, INC., RICHARD E. BIERY AND JAY ANN BIERY, HUSBAND AND WIFE, APPLE CREEK DEVELOPMENT CORP., A FLORIDA CORPORATION, AND ELIAS BERNATAN, APPELLEES

Citator

Cited By (15 total)

• Westinghouse Elevator Co. v. DFS Constr. Co. & Fed. Ins. Co., 438 So. 2d 125 (Fla. 2d DCA 1983)
  …914 (Fla. 3d DCA 1977). An unverified answer may be sufficient if the issue involved is a matter of law, not a matter of proof, i.e., an answer alleging that the statute of limitations precludes the action. Bay Convalescent Center, Inc. v. Carroll, 352 So. 2d 900 (Fla. 1st DCA 1977). However, when a movant relies upon a factual defense, he must properly set forth the facts relied upon to establish such a defense and a general denial is not sufficient. It is not permissible to allege that a defaulting party’…
• Pedro Realty Inc. v. Silva, 399 So. 2d 367 (Fla. 3d DCA 1981)
  …v. Friendship, Inc., 376 So. 2d 919 (Fla.3d DCA 1979), we hold that a denial contained in a responsive pleading may allege a meritorious defense so as to create an issue of fact. North Shore Hospital, supra; Bay Convalescent Center, Inc. v. Carroll, 352 So. 2d 900 (Fla.1st DCA 1977) (Ervin, J., dissenting). Because Pedro Realty denied as an affirmative defense that it has knowledge of those wrongful acts of its agent or that it ever expressly, impliedly, or constructively authorized such acts, it raises quest…
• Caribbean Agencies, Inc. v. Agri-Export, Inc., 384 So. 2d 281 (Fla. 4th DCA 1980)
  …finding of excusable neglect. I also conclude that the trial court was obliged to consider the contents of the proposed answer filed with the court on the question of the existence of a meritorious defense. Bay Convalescent Center, Inc. v. Carroll, 352 So. 2d 900 (Fla. 1st DCA 1977); Mission East Co. v. Wyszatycki, 362 So. 2d 87 (Fla. 3d DCA 1978). That answer contained an allegation that appellant was the agent for a disclosed principal, which, if proven, would constitute a complete defense to the complaint…

Authorities Cited

• Punta Gorda Ready Mixed Concrete, Inc. v. Green Manor Constr. Co., Inc., 166 So. 2d 889 (Fla. 1964)
• The Hotel & Rest. Emps. & Bartenders Int'l Union v. Lake Buena Vista Cmtys., Inc., 349 So. 2d 1217 (Fla. 4th DCA 1977)