Opinion
No. 3D99-2672.
Opinion filed February 23, 2000.
An appeal of a non-final order from the Circuit Court of Dade County, Alan Postman, Judge, L.T. No. 98-20029.
Zack Kosnitzky and Bruce Alan Weil and J. Ross Gibson, for appellant.
Steven Friedman (Pembroke Pines), for appellee.
Before LEVY, GODERICH, and FLETCHER, JJ.
We reverse the partial summary judgment in favor of the plaintiff Adam Winder on counts I and II of his complaint as the plaintiff has failed to negate defendant's affirmative defenses.See Gordon v. Felton, 710 So.2d 222 (Fla. 3d DCA 1998); First Mortgage Investors v. Boulevard Nat'l Bank of Miami, 327 So.2d 830 (Fla. 3d DCA 1976).
Reversed and remanded for further proceedings.