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543 So. 2d 313

543 So.2d 313

14 Fla.L.Weekly 1091

Dubon v. Plaag

District Court of Appeal of Florida · decided 1989-05-03

Relies on 437 So. 2d 220 - Bengyak v. Rosin

Decided 1989-05-03

GARRETT, Judge.

¶1This is an appeal of a partial summary judgment finding the appellant had assaulted and battered the appellee.

¶2We reverse. The burden is upon the moving party to disprove any affirmative defense before summary judgment can be entered. Bengyak v. Rosin, 437 So.2d 220 (Fla. 4th DCA 1983). This was not done. Whether the appellant acted in self-defense remains an issue which precludes the entry of summary judgment.

¶3REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT HEREWITH.

HERSEY, C.J., and GLICKSTEIN, J., concur.
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