GUILLERMO POZO
v.
SUNSET REAL ESTATE PARTNERS, ETC.
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A party opposing an affirmative defense must file a reply containing the avoidance, and declaratory judgment actions are subject to a four-year statute of limitations under Florida Statute § 95.11(3)(p).
[1] A party seeking to avoid an affirmative defense raised in an answer or third-party answer must file a reply containing the avoidance pursuant to Florida Rule of Civil Pro…
[2] Declaratory judgment actions are subject to the four-year residual statute of limitations under Florida Statute § 95.11(3)(p).
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Join FLexlaw to unlock all legal intelligence“If an answer or third-party answer contains an affirmative defense and the opposing party seeks to avoid it, the opposing party must file a reply containing the avoidance.”
Fla. R. Civ. P. 1.100(a)
Guillermo Pozo brought a proceeding against Sunset Real Estate Partners involving an affirmative defense raised by the defendant.…
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PER CURIAM.
Affirmed. See Fla. R. Civ. P. 1.100(a) (“If an answer or third-party answer contains an affirmative defense and the opposing party seeks to avoid it, the opposing party must file a reply containing the avoidance.”
(emphasis added)); § 95.11(3)(p), Fla. Stat. (2020) (providing that the statute of limitations is four years for “[a]ny action not specifically provided for” in the statute); Manatee Cty. v. Mandarin Dev., Inc., 301 So. 3d 372, 375–76 (Fla. 2d DCA 2020) (“Declaratory judgment actions are subject to a four-year statute of limitations.” (citing § 95.11(3)(p), Fla. Stat. (2015))).