Roberto SURIS, Appellant,
v.
TROPICAL FEDERAL SAVINGS & LOAN ASSOCIATION, Appellee.
District Court of Appeal of Florida, Third District.
Joel V. Lumer, Miami, for appellant.
*1050 Alonso & Alonso and Jorge E. Alonso, Miami, for appellee.
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
PER CURIAM.
Tropical Federal Savings and Loan [Tropical Federal] filed a complaint against Roberto Suris alleging that Suris had failed to make installment payments on the promissory note it contended he executed and delivered to Tropical Federal. Suris answered the complaint, denying every allegation. Tropical Federal then filed a motion for summary judgment and a supporting affidavit. In opposition to the motion, Suris filed an affidavit in which he swore that the signature on the promissory note was not his. Nevertheless, the trial court entered summary judgment in favor of Tropical Federal. Suris appealed, challenging the trial court's failure to consider the defenses he presented in the affidavit opposing summary judgment and the trial court's consequent entry of final judgment in favor of Tropical Federal. We reverse.
Although the failure to plead an affirmative defense waives the issue, Syncom Corp. v. Bank Leumi Trust Co. of N.Y.,
Our disposition of this issue makes it unnecessary to reach Suris' additional point.
Reversed and remanded.
NOTES
Notes
[1] But see Coral Ridge Prop. v. Playa Del Mar Ass'n,
