ESTATE OF JUAN CARLOS GARCIA, DECEASED, AND LILY GARCIA, HEIR, APPELLANT,
v.
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, APPELLEE
ESTATE OF JUAN CARLOS GARCIA, DECEASED, AND LILY GARCIA, HEIR, APPELLANT,
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, APPELLEE
165 So. 3d 33
Florida District Court of Appeal, Third District (2015)
Positive Treatment
Cited by 1 case
Opinion of the Court
Affirmed. Ramos v. Philip Morris Cos., Inc., 743 So.2d 24, 30-31 (Fla. 3d DCA 1999) (“The statute of limitations is an affirmative defense which must be plead and proved by the defendant, and is waived if not plead.”) (citations omitted); see also Fla. R. Civ. P. 1.110(d); Barnett Bank v. Estate of Read, 493 So.2d 447, 448 (Fla.1986); Aboandandolo v. Vonella, 88 So.2d 282, 284 (Fla.1956); Snow v. Wells Fargo, 156 So.3d 538 (Fla. 3d DCA 2015); Comerica Bank & Trust v. SDI Operating Partners, 673 So.2d 163, 166 (Fla. 4th DCA 1996).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rodrick D. Williams v. State, 242 So. 3d 280 (Fla. 2018)…of the car, and I heard [Brookins] still screaming or whatever. And I was, like, okay, he's still living. So I was happy at that point ... that he wasn't dead." On remand, the Second District determined the error was harmless. See Plott v. State , 165 So. 3d 33, 34 (Fla. 2d DCA 2015). The element was death or serious bodily injury resulting from use of the drugs. Id. at 509. The defendant in Pena entered "a straight guilty plea to drug dealing but not to 'death resulting.' " Id.…
Authorities Cited
- Barnett Bank OF Palm Beach Cnty. v. Est. OF Leon Henry Read, Jr., 493 So. 2d 447 (Fla. 1986)
- Comerica Bank & Tr. v. SDI Operating P'rs, L.P., 673 So. 2d 163 (Fla. 4th DCA 1996)
- Renzo Aboandandolo v. Vonella, 88 So. 2d 282 (Fla. 1956)
- Juanita v. Ramos, 743 So. 2d 24 (Fla. 3d DCA 1999)
- Snow v. Wells Fargo Bank, N.A., 156 So. 3d 538 (Fla. 3d DCA 2015)