Opinion
No. 94-24.
July 12, 1995.
An appeal from the Circuit Court for Dade County; David L. Tobin, Judge.
Paul Morris, Coral Gables, for appellant.
Lapidus Frankel and Richard L. Lapidus, Miami, for appellee.
Before COPE, GODERICH and GREEN, JJ.
The defendant, Lyn-Rand Metal Fabrications, Co., Inc. [Lyn-Rand], appeals from an adverse final judgment. We affirm.
Lyn-Rand contends that the trial court erred by granting the plaintiff's motion in limine to exclude any evidence of a purported oral agreement modifying the terms of the written agreement that provided the basis for the action below. We disagree and find that the trial court properly excluded such evidence where Lyn-Rand never pled the oral agreement with specificity in any of its affirmative defenses. Fla.R.Civ.P. 1.110(d); Uvesco, Inc. v. Petersen, 295 So.2d 353 (Fla. 4th DCA 1974); Rod-Lyn Corp. v. DeBelay, 231 So.2d 233 (Fla. 3d DCA), cert. denied, 238 So.2d 108 (Fla. 1970). Additionally, we find that Lyn-Rand's remaining points lack merit.
Accordingly, we affirm.