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557 So. 2d 56

557 So.2d 56

14 Fla.L.Weekly 2917

Simcox v. Wiggins

District Court of Appeal of Florida

Decided December 12, 1989

District Court of Appeal of Florida · decided 1989-12-12

Relies on 503 So. 2d 1237 - Allie v. Ionata · 126 So. 2d 305 - Emile v. First National Bank of Miami

Decided 1989-12-12

PER CURIAM.

¶1Appellants Marion and Mary Simcox, defendants below, appeal a summary final judgment against them in an action to recover legal fees. We reverse.

¶2The Simcoxes answered the complaint, and pled several affirmative defenses, including recoupment. Plaintiff/appellee Wiggins & Wiggins, P.A., moved for summary judgment. Wiggins argued that re-coupment was not a good defense, reasoning that the claim of recoupment was barred by the statute of limitations. On that issue Wiggins was in error. See Allie v. Ionata, 503 So.2d 1237, 1239-40 (Fla.1987). It follows that, at least on the present record, the recoupment defense was not negated, see Emile v. First Nat’l Bank of Miami, 126 So.2d 305, 306-07 (Fla. 3d DCA 1961), and summary judgment should not have been entered.

¶3Reversed.

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