Affirmative Defenses In Florida

According to Rule 1.110(d) of the Florida Rules of Civil Procedure, the following affirmative defenses must be raised when pleading to a preceding pleading:

  • accord and satisfaction
  • arbitration and award
  • assumption of risk
  • contributory negligence
  • discharge in bankruptcy
  • duress
  • estoppel
  • failure of consideration
  • fraud
  • illegality
  • injury by fellow servant
  • laches
  • license
  • payment
  • release
  • res judicata
  • statute of frauds
  • statute of limitations
  • waiver; and
  • any other matter constituting an avoidance or affirmative defense.

If you have been sued and seek to raise affirmative defenses to a particular claim, please contact Joel Ewusiak for assistance.