Under Florida Law, How Does a Party Present Defenses to a Claim for Relief in a Pleading?

Rule 1.140(b) of the Florida Rules of Civil Procedure provides that every defense in law or fact to a claim for relief in a pleading must be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader:

  1. lack of jurisdiction over the subject matter
  2. lack of jurisdiction over the person
  3. improper venue
  4. insufficiency of process
  5. insufficiency of service of process
  6. failure to state a cause of action; and
  7. failure to join indispensable parties.

A motion making any of these defenses must be made before pleading if a further pleading is permitted. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued must be stated specifically and with particularity in the responsive pleading or motion. Any ground not stated must be deemed to be waived except any ground showing that the court lacks jurisdiction of the subject matter may be made at any time.

Please contact Joel Ewusiak for legal assistance with your specific matter.