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. This edition focuses on the Florida Rules of Civil Procedure and does not delve into the companion rules or differences found in, for example, the Florida Probate Rules or the Florida Family Law Rules of Procedure. One of the goals of this book is to aid practitioners in both identifying useful, pertinent defenses, and also pleading those defenses in a manner that is resistant to attack or dismissal. While many books offer an obligatory section on historical common law considerations, this book hopes to focus on some basic concepts that are assembled not for their historical value but because these concepts guide and shape the case law governing the pleading, striking, and dismissal of affirmative defenses. The last decade witnessed a tremendous spike in foreclosure filings, [1]particularly in Florida.[2] A peculiar side effect of these cases is the proliferation of certain defenses and yet more sophisticated defense-strategies that featured the use of affirmative defenses to prolong the pleading phase of cases and keep trial and resolution at bay. Certainly, dilatory tactics and so-called sand-bagging are as old as the courts. But this decade, in the opinion of the authors, featured a concentrated dose of motion practice that regarded the pleading of affirmative defenses. While the flurry of activity served to educate the judiciary and promote stricter controls on the pleading of affirmative defenses, the lack of understanding about affirmative defenses suffered by many practitioners came to the forefront.

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9781576258262

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<ul><li>Joshua Spector</li></ul>Joshua Spector is a partner in the law firm of Perlman, Bajandas, Yevoli & Albright, P.L. His practice largely regards business litigation and appeals, with a focus on trade secret, non-compete, and restrictive covenant cases. Joshua 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. He formerly practiced with the firms of Weil Gotshal & Manges and Gunster, and is a graduate of Brown University and the University of Miami School of Law. <ul><li>Paul Turner</li></ul>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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