JOSE MARQUEZ, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIO MUTIS, APPELLANT,

v.

MIGUEL RIBERO, APPELLEE

Citator

Cited By

• In the Interest of D.F.W. Jr. Dep't OF H.R.S. v. Devel F. Wesley, 497 So. 2d 925 (Fla. 5th DCA 1986)
  …as a defense to appellant’s suit to collect and receive child support payments pursuant to section 409.2561, Florida Statutes. I therefore concur in the majority opinion for the reasons stated herein. . Syncom Corp. v. Bank Leumi Trust Co. of N.Y., 479 So. 2d 207 (Fla. 3rd DCA 1985) (failure to plead affirmative defense constitutes waiver); Phillips v. Adams, 339 So. 2d 665, 666 (Fla. 4th DCA 1976) (refusal to allow visitation is an affirmative defense). . O'Brien v. O’Brien, 424 So. 2d 970 (Fla. 3rd DCA 19…
• Moore Int'l Trucks, Inc. v. Foothill Cap. Corp., 560 So. 2d 1301 (Fla. 2d DCA 1990)
  …al argument that plaintiff had actual notice of defendant’s intent to sell the truck. However, as plaintiff points out, defendant failed to raise this aspect as an affirmative defense. See Fla.R.Civ.P. 1.110(d); Syncom Corp. v. Bank Leumi Trust Co., 479 So. 2d 207 (Fla. 3d DCA 1985). In any event, the relevant inquiry is whether defendant complied with section 713.585. It is beyond dispute that defendant did not. Affirmed. SCHOONOVER, A.C.J., and PARKER, J., concur.…
• Suris v. Tropical Fed. Sav. & Loan Ass'n, 515 So. 2d 1049 (Fla. 3d DCA 1987)
  …davit opposing summary judgment and the trial court’s consequent entry of final judgment in favor of Tropical Federal. We reverse. Although the failure to plead an affirmative defense waives the issue, Syncom Corp. v. Bank Leumi Trust Co. of N.Y., 479 So. 2d 207 (Fla. 3d DCA 1985); SAC Constr. Co. v. Eagle Nat’l Bank of Miami, 449 So. 2d 301 (Fla. 3d DCA 1984); see Lipton v. Southeast First Nat’l Bank, 343 So. 2d 927 (Fla. 3d DCA 1977) (forgery must be raised by specific allegation in answer); § 673.307, Fl…

Authorities Cited

• Wadlington v. Edwards, 92 So. 2d 629 (Fla. 1957)
• Steinhardt v. Steinhardt, 445 So. 2d 352 (Fla. 3d DCA 1984)