Florida Affirmative Defenses And Procedural Objections 2018

Florida Affirmative Defenses and Procedural Objections with Forms guides lawyers on evaluating, selecting, pleading, and contending with affirmative defenses and procedural objections in Florida state civil cases. The book surveys nearly 90 affirmative defenses and all of the Rule 1.140(b), Florida Rules of Civil Procedure, motions, along with other defensive motions and procedural objections. Discussion of the defenses include information on elements, notable authority, jury instructions, and more.The book provides useful forms for each affirmative defense and the motions and pleadings discussed. These forms are also available online, ready for editing to suit the unique facts and circumstances of each case.The new edition builds on earlier editions, adding affirmative defenses and case authority and several new forms. With considerably more authority, more in-depth analysis, and even a few graphics, we hope you will find this update valuable to your practice.

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.

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.

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.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.