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Fla. 2d DCA·
2020-12-09
The appellate court reversed a lower court's decision that stripped a mortgage from a home. The court found the trial court erred by granting relief based on fraud, which was not pleaded by the homeowners, and by not requiring proof that the lender participated in or was aware of
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Fla. 2d DCA·
2020-08-07
The appellate court reversed a summary judgment for homeowners, finding that the homeowners waived their statute of limitations defense by failing to raise it in their initial pleadings. The court emphasized that affirmative defenses must be pleaded to be considered, unless tried
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M.D. Fla.·
2020-03-26
The court denied the plaintiff's motion to strike the defendant's affirmative defenses, finding they were sufficiently plead to provide notice.
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M.D. Fla.·
2019-12-09
The court granted in part and denied in part the motion to strike affirmative defenses, treating one as a denial and striking another without prejudice.
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S.D. Fla.·
2019-11-25
The court held that affirmative defenses are subject to the heightened pleading standard established in Twombly and Iqbal, and granted the motion to strike because many of the defendant's defenses were vague, conclusory, and failed to allege sufficient facts.
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S.D. Fla.·
2019-10-29
The court held that affirmative defenses, like complaints, are subject to the plausibility pleading standard established in Twombly and Iqbal, requiring factual support beyond conclusory allegations.
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S.D. Fla.·
2019-10-24
The court held that affirmative defenses must meet the same pleading standards as complaints, requiring factual specificity beyond conclusory allegations.
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S.D. Fla.·
2019-09-20
A request for attorney's fees, even if referencing statutes, does not constitute an affirmative defense and is therefore subject to being stricken.
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Fla. 5th DCA·
2018-07-16
A complaint alleging a continuous state of default that includes acts of default within the five-year statutory period is not barred by the statute of limitations, and a plaintiff need not file a reply to an affirmative defense of statute of limitations when the complaint's alleg
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245 So. 3d 698·
Fla. 2d DCA·
2018-05-18
Patterson appealed the lower court's grant of Weathers' motion for judgment on the pleadings in a quiet title action. The court held that Patterson's claim was barred by res judicata based on a prior final judgment and supplemental final judgment that had already quieted title to
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208 So. 3d 336·
Fla. 5th DCA·
2017-01-20
Florida appellate court reversed foreclosure judgment where trial court improperly rejected defendant's unlabeled affirmative defense based on lack of required face-to-face interview, holding that pleading labels are not controlling when factual basis provides sufficient notice.
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252 F. Supp. 772·
S.D. Fla.·
2013-12-16
The court held that affirmative defenses are subject to the same pleading standards as complaints and granted in part the plaintiff's motion to strike.
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125 So. 3d 930·
Fla. 4th DCA·
2013-05-15
Defendants appealed a $28.8 million jury verdict for fraud and violations of Jordanian law arising from disputes over U.S. government procurement contracts. The Fourth District affirmed the judgment on the merits but reversed on the cross-appeal issue of pre-judgment interest, re
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997 So. 2d 493·
Fla. 2d DCA·
2008-12-19
Elaine Price appealed a judgment in favor of condominium unit owners Mirco and Gordana Coric, who installed hardwood flooring in violation of the declaration of condominium. The appellate court reversed because the trial court improperly allowed the Cories to raise an unpleaded a
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973 So. 2d 1188·
Fla. 2d DCA·
2008-01-11
Defendants appealed a $290,000 judgment for Mrs. Bland's injuries sustained as a passenger in a car driven by her husband, arguing the judgment should be reduced because Mrs. Bland, as the vehicle owner, was vicariously liable for her husband's comparative negligence. The court a
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Del. Super. Ct.·
2007-08-17
The court held that the defendant did not waive its statute of limitations defense by failing to initially plead it in its answer, as it timely sought to amend its answer and the plaintiff did not object. Furthermore, the court found that both the breach of warranty and negligenc
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753 So. 2d 770·
Fla. 5th DCA·
2000-03-24
The City of Kissimmee, as court-appointed receiver of Kings Point Utility, appealed a trial court order requiring it to increase water and sewer rates to cover past due and ongoing rent owed to Ash Chemical under a lease. The Fifth District Court of Appeal affirmed, holding that
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998 F.2d 305·
5th Cir.·
1993-08-20
An insurer waives its right to void a policy if it accepts premium payments after gaining knowledge of facts that would allow it to avoid coverage, especially when Louisiana law is unclear on waiver and estoppel distinctions.
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956 F.2d 530·
6th Cir.·
1991-12-20
An employer can be held liable for OSHA violations occurring in an area they control, even if they did not create the hazard or their employees were not directly exposed, provided they had the ability to protect against it. Failure to provide adequate instructions or supervision
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575 So. 2d 322·
Fla. 4th DCA·
1991-03-06
The court held that the trial court committed reversible error by refusing to instruct the jury on the threshold requirements of the Florida No-Fault Law and that the defense was sufficiently pled. The court also vacated the judgment against the Bank.
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536 So. 2d 1065·
Fla. 1st DCA·
1988-11-07
The court held that the County waived its defense of the plaintiff's failure to provide statutory notice to the Department of Insurance by failing to plead this affirmative defense in its answer.
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834 F.2d 823·
9th Cir.·
1987-12-16
The security agreement's description of collateral governs the extent of the security interest, not the financing statement. Failure to provide notice of sale does not bar a deficiency judgment. Novation defense was waived. Collateral estoppel applied to the commercial reasonable
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459 So. 2d 372·
Fla. 1st DCA·
1984-11-01
In this medical malpractice case, the court reversed a summary judgment dismissing plaintiff's lawsuit as barred by the statute of limitations, holding that genuine issues of material fact existed regarding when the plaintiff discovered or should have discovered that a knee prost
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354 So. 2d 404·
Fla. 4th DCA·
1978-01-17
Elizabeth Devlyn, owner of a restaurant, appealed a judgment on the pleadings entered against her in a negligence action against business brokers who allegedly failed to timely deliver a purchase offer for her restaurant. The court reversed, finding the pleadings were ambiguous a
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252 So. 2d 267·
Fla. 4th DCA·
1971-08-09
Commerce National Bank appealed a judgment in favor of defendants Van Denburgh on a promissory note for an automobile. The court reversed, finding that the defendants failed to prove equitable estoppel based on alleged representations by the bank's officer that they would not be