RAYMOND E. MCCONNELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Citigroup Mortg. Loan Tr. v. Scialabba, 238 So. 3d 317 (Fla. 4th DCA 2018)
  …dice, in relation to failure to comply with a condition precedent, is an avoidance that was not pled by the Bank. In support of the argument, the Borrowers cite Florida Rule of Civil Procedure 1.100(a) and North American Philips Corp. v. Boles, 405 So. 2d 202 (Fla. 4th DCA 1981). Florida Rule of Civil Procedure 1.100(a) provides, in part, that “[i]f an answer . . . contains an affirmative defense and the opposing party seeks to avoid it, the opposing party must file a reply containing the avoidance.…
• Robert Reno, M.D. v. Adventist Health Systems/Sunbelt, Inc., 516 So. 2d 63 (Fla. 2d DCA 1987)
  …he affirmative defense had the effect of denying the allegations of the defense. By having failed to reply to the defense, plaintiff would not be entitled at trial to raise new matters in avoidance thereof. See North American Philips Corp. v. Boles, 405 So. 2d 202 (Fla. 4th DCA 1981). We do not address the arguments as to whether the various counts of the complaint state causes of action. It does not appear that whether or not the complaint states causes of action was ruled upon by the trial court. We agree…
• Burton v. Linotype Co., 556 So. 2d 1126 (Fla. 3d DCA 1989)
  …ential purpose was an avoidance which Burton and MLG waived by failing to plead in a reply. See Moore Meats, Inc. v. Strawn, 313 So. 2d 660 (Fla.1975); Gulf Life Ins. Co. v. Ferguson, 59 So. 2d 371 (Fla.1952); North Am. Philips Corp., Inc. v. Boles, 405 So. 2d 202 (Fla. 4th DCA 1981); Foliage Corp. of Fla., Inc. v. Watson, 381 So. 2d 356 (Fla. 5th DCA 1980); Tax v. Reiser, 328 So. 2d 517 (Fla. 4th DCA 1976); see also Reno v. Adventist Health Systems/Sunbelt, Inc., 516 So. 2d 63 (Fla. 2d DCA 1987); Kitchen v.…

Authorities Cited

• Tascano v. State, 393 So. 2d 540 (Fla. 1980)