Florida Affirmative Defenses and Procedural Objections guides practitioners on the use, pleading, and application of defenses and procedural objections in Florida state civil cases. In particular, the book surveys common and useful defensive motions and procedural objections to be made during the pleading phase of a case. Further, the book examines and discusses various affirmative defenses, including pleading requirements, jury concerns, and notable authority on each defense.
Moreover, and of immediate use, the book provides the practitioner with useful forms for each defense. These forms are also available online, so that they may be edited to suit the unique facts and circumstances of each case.
For this 2020 edition, we added more than 60 pages of new material, and revised and supplemented the section on personal jurisdiction contests with deeper case law and in-depth discussion of more prongs of Florida’s long-arm statute. In Chapter 6, we supplemented the discussion of the affirmative defense of fraud, among others, and added five new defenses: dead and buried doctrine (dissolution of a business entity), independent tort doctrine, necessity (business necessity), sovereign immunity, and way of necessity. With considerably more authority, more in-depth analysis, and even a few graphics, we hope you will find this update valuable to your practice.
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Table of Contents
Chapter 1: Foundations for Legal and Affirmative Defenses
Chapter 2: Pleading and Proving Affirmative Defenses
Chapter 3: Rule 1.140(b) Legal Defenses and Objections
Chapter 4: Motions Useful to the Defense
Chapter 5: Reply Pleading
Chapter 6: Affirmative Defenses