Overview

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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9781628816433

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Joshua Spector is a partner with the intellectual property law firm, Allen, Dyer, Doppelt + Gilchrist, PA. He is a Florida Bar board-certified business litigation lawyer. His practice is focused on commercial litigation and appeals, with a concentration on trade secret, noncompete and restrictive covenant cases. Mr. Spector is a fellow of the Florida Bar Leadership Academy, and was appointed to the Florida Supreme Court's Standard Jury Instructions Committee for Business and Contract Cases. Paul Turner is a partner with the litigation group at Perlman, Bajandas, Yevoli & Albright, P.L. He is a business attorney who focuses his practice in the areas of complex commercial litigation and arbitration. Clients include domestic and foreign entities, high-net worth individuals, and professional athletes. Before joining the firm Mr. Turner served as general counsel for various Florida-based telecommunications companies with over $500MM in annual revenue. He has also handled hundreds of litigation and arbitration matters mainly within Florida but also within Colorado, the District of Columbia, Georgia, New York, Ohio, Texas, Virginia, and Washington. He received his B.A. from the University of Michigan, and his J.D. from the University of Miami School of Law.

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