unpled affirmative defense (Florida) · Go Syfert
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unpled affirmative defense in Florida

6 Florida opinions name it 1 courts 2017–2025 4 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Sanchez v. Mercy Hospitalgreen
fladistctapp · 1980 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See, e.g., Sanchez v. Mercy Hosp., 386 So. 2d 42, 43 (Fla. 3d DCA 1980).

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Inphynet Contracting Services, Inc. v. Soriagreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Inphynet Contracting Servs., Inc. v. Soria, 77 So. 3d 776 , 780–81 (Fla. 4th DCA 2011) (“We agree that the trial court improperly used the defense of ‘accord and satisfaction’ as a basis for summary judgment because the defendants waived the defense by not raising it in their Answer.”).

11
Nomo Research, Inc. v. CCL Plastic Packaging, Inc.green
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022Appellant, Elizabeth Nesbitt, challenges a final order granting summary judgment in favor of appellee, SafePoint Insurance Company, in her first-party property insurance lawsuit. 1 Irrespective of whether the grant of summary judgment on an unpled affirmative defense was error, factual issues surrounding the insured’s compliance, or lack thereof, with post-loss obligations and the ensuing prejudice precluded the entry of summary judgment. 2 See Lobrillo v. Brokken, 837 So. 2d 1059, 1061 (Fla. 3d DCA 2002); Nomo Rsch., Inc. v. CCL Plastic Packaging, Inc., 862 So. 2d 785, 787 (Fla. 3d DCA 2003);

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Lobrillo v. Brokkengreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022Appellant, Elizabeth Nesbitt, challenges a final order granting summary judgment in favor of appellee, SafePoint Insurance Company, in her first-party property insurance lawsuit. 1 Irrespective of whether the grant of summary judgment on an unpled affirmative defense was error, factual issues surrounding the insured’s compliance, or lack thereof, with post-loss obligations and the ensuing prejudice precluded the entry of summary judgment. 2 See Lobrillo v. Brokken, 837 So. 2d 1059, 1061 (Fla. 3d DCA 2002); Nomo Rsch., Inc. v. CCL Plastic Packaging, Inc., 862 So. 2d 785, 787 (Fla. 3d DCA 2003);

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Stark v. State Farm Florida Insurance Co.green
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022Co., 95 So. 3d 285, 288 (Fla. 4th DCA 2012); Gonzalez v. U.S. Fid. & Guar.

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GERRI ANN CAPOTOSTO v. FIFTH THIRD BANK, ETC.green
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021In other words, a defendant may not “raise an unpled affirmative defense as a basis for resisting a motion for summary judgment.” Capotosto v. Fifth Third Bank, 230 So. 3d 891, 892 (Fla. 4th DCA 2017).

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Sonnenblick-Goldman of Miami Corp. v. Feldmangreen
fladistctapp · 1972 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017P. 1.140(b) (providing that “[e]very defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading . . . [and] [a]ny ground not stated shall be deemed to be waived . . . .”); S. Mgmt. & Dev., L.P. v. Gardner, 992 So. 2d 919 , 920 7 (Fla. 4th DCA 2008) (holding that affirmative defenses are waived if not pled); Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So. 2d 992, 993 (Fla. 4th DCA 2003) (reversing the trial court’s involuntary dismissal that was based on an unpled affirmative defense); Sonnenblick-Goldman of Miami Corp. v. Feldman, 266 So. 2d 48,

2017P. 1.140(b) (providing that “[ejvery defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading ... [and] [a]ny ground not stated shall be deemed to be waived ....”); S. Mgmt. & Dev., L.P. v. Gardner, 992 So.2d 919, 920 (Fla. 4th DCA 2008) (holding that affirmative defenses are waived if not pled); Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So.2d 992, 993 (Fla. 4th DCA 2003) (reversing the trial court’s involuntary dismissal that was based on an unpled affirmative defense); Sonnenblick-Goldman of Miami Corp. v. Feldman, 266 So.2d 48, 50 (Fla. 3d

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Accurate Metal Finishing Corp. v. Carmelgreen
fladistctapp · 1971 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Accurate Metal Finishing Corp. v. Carmel, 254 So.2d 556, 557 (Fla. 3d DCA 1971).

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BOCA GOLF VIEW, LTD. v. Hughes Hall, Inc.green
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017P. 1.140(b) (providing that “[e]very defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading . . . [and] [a]ny ground not stated shall be deemed to be waived . . . .”); S. Mgmt. & Dev., L.P. v. Gardner, 992 So. 2d 919 , 920 7 (Fla. 4th DCA 2008) (holding that affirmative defenses are waived if not pled); Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So. 2d 992, 993 (Fla. 4th DCA 2003) (reversing the trial court’s involuntary dismissal that was based on an unpled affirmative defense); Sonnenblick-Goldman of Miami Corp. v. Feldman, 266 So. 2d 48,

2017P. 1.140(b) (providing that “[ejvery defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading ... [and] [a]ny ground not stated shall be deemed to be waived ....”); S. Mgmt. & Dev., L.P. v. Gardner, 992 So.2d 919, 920 (Fla. 4th DCA 2008) (holding that affirmative defenses are waived if not pled); Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So.2d 992, 993 (Fla. 4th DCA 2003) (reversing the trial court’s involuntary dismissal that was based on an unpled affirmative defense); Sonnenblick-Goldman of Miami Corp. v. Feldman, 266 So.2d 48, 50 (Fla. 3d

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SOUTHERN MGMT. AND DEVELOPMENT, LP v. Gardnergreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017P. 1.140(b) (providing that “[e]very defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading . . . [and] [a]ny ground not stated shall be deemed to be waived . . . .”); S. Mgmt. & Dev., L.P. v. Gardner, 992 So. 2d 919 , 920 7 (Fla. 4th DCA 2008) (holding that affirmative defenses are waived if not pled); Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So. 2d 992, 993 (Fla. 4th DCA 2003) (reversing the trial court’s involuntary dismissal that was based on an unpled affirmative defense); Sonnenblick-Goldman of Miami Corp. v. Feldman, 266 So. 2d 48,

2017P. 1.140(b) (providing that “[ejvery defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading ... [and] [a]ny ground not stated shall be deemed to be waived ....”); S. Mgmt. & Dev., L.P. v. Gardner, 992 So.2d 919, 920 (Fla. 4th DCA 2008) (holding that affirmative defenses are waived if not pled); Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So.2d 992, 993 (Fla. 4th DCA 2003) (reversing the trial court’s involuntary dismissal that was based on an unpled affirmative defense); Sonnenblick-Goldman of Miami Corp. v. Feldman, 266 So.2d 48, 50 (Fla. 3d

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Where else courts name it

TX 6 (1993–2024) FL 6 (2017–2025) DE 4 (1990–2020) ND 3 (2013–2020) MO 2 (2003–2003) SD 2 (1984–1987)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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