Florida Affirmative Defenses and Procedural Objections 2018

  • ID: 4411214
  • Book
  • Region: United States
  • 709 Pages
  • ALM Media, LLC
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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.

The book provides the practitioner with useful forms for each defense, which are available in MS Word on a CD-ROM so they can be edited to suit the unique facts and circumstances of each case.

NEW!
More than 50 pages of new material, including more than 130 new citations and authorities. This edition adds new defenses—including vicarious liability, the Faragher/Ellerth vicarious liability defenses, and the voluntary payment document—as well as new analysis and sections on collateral estoppel, condition precedent (e.g., distinguishing conditions precedent to formation of a contract and to enforcement of a contract), statutes of limitation (e.g., the continuing violation and continuing tort doctrines, the relation-back doctrine), and the implied waiver doctrine.

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Fla. R. Civ. P. 1.140(b)(1)
1-001   Motion to Dismiss for Lack of Subject Matter Jurisdiction (Nonclaim Statute)
1-002   Motion To Dismiss for Lack of Subject Matter Jurisdiction (Door Closing Statute with Extrinsic Evidence)
1-003   Motion to Dismiss for Lack of Subject Matter Jurisdiction (Jurisdictional Statute)
Fla. R. Civ. P. 1.140(b)(2)
1-004   Motion to Dismiss for Lack of Personal Jurisdiction
1-005   Affidavit in Support of Motion to Dismiss for Lack of Personal Jurisdiction 

Fla. R. Civ. P. 1.140(b)(3)
1-006   Motion to Abate or Transfer for Improper Venue for Individual Defendant
1-007   Motion to Abate or Transfer for Improper Venue for Domestic Corporate Defendant With Extrinsic Evidence
1-008   Affidavit in Support of Motion to Abate or Transfer for Improper Venue for Domestic Corporate Defendant
1-009   Motion to Abate or Transfer for Improper Venue for Foreign Corporate Defendant With Extrinsic Evidence 

Fla. R. Civ. P. 1.140(b)(4)
1-010   Motion to Quash for Insufficiency of Process 

Fla. R. Civ. P. 1.140(b)(5)
1-011   Motion to Quash for Insufficiency of Service of Process (No Personal Service)
1-012   Motion to Quash for Insufficiency of Service of Process (Improper Service on Minor)
1-013   Motion to Quash for Insufficiency of Service of Process (Domestic Corporation)
1-014   Motion to Quash for Insufficiency of Service of Process (Foreign Corporation)
1-015   Motion to Quash for Insufficiency of Service of Process (Domestic Partnership)
1-016   Motion to Quash for Insufficiency of Service of Process (Domestic Limited Partnership) 

Fla. R. Civ. P. 1.140(b)(6)
1-017   Motion to Dismiss for Failure to State a Claim
1-018   Motion to Dismiss for Failure to State a Claim (Including Negation of Claim by Exhibit to Pleading under Fla. R. Civ. P. 1.130)
1-019   Motion to Dismiss for Failure to State a Claim (Failure to Allege Fraud With Particularity Required by Fla. R. Civ. P. 1.120(b))
1-020   Motion to Dismiss for Failure to State a Claim (Failure to Comply with Fla. R. Civ. P. 1.110)
1-021   Motion to Dismiss for Failure to State a Claim (Misjoinder of Claims—Fla. R. Civ. P. 1.110) 

Fla. R. Civ. P. 1.140(b)(7)
1-022   Motion to Abate and Dismiss for Failure to Join Indispensable Party 

Fla. R. Civ. P. 1.140(c)
1-023   Motion for Judgment on the Pleadings 

Fla. R. Civ. P. 1.140(e)
1-024   Motion for More Definite Statement 

Fla. R. Civ. P. 1.140(f)
1-025   Motion to Strike Matter From Pleading 

Fla. R. Civ. P. 1.510
1-026   Motion for Partial Summary Judgment and to Strike Affirmative Defenses by Defendant
1-027   Response in Opposition to Motion for Summary Judgment by Defendant 

REPLY BRIEF
1-028   General Reply
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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.

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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