PARVIN WRIGHT, APPELLANT,
v.
GENERAL MOTORS ACCEPTANCE CORP., A FOREIGN CORPORATION, APPELLEE
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The court affirmed summary judgment for General Motors Acceptance Corporation, certifying to the Florida Supreme Court the question of whether GMAC's statutory defense under Fla. Stat. § 324.021(9)(b) affects the rights of the motoring public.
Summary judgment in favor of GMAC was properly entered under the statutory defense provided by Fla. Stat. § 324.021(9)(b).
[1] An affirmative defense not pled in the answer may be asserted in a motion for summary judgment without waiver if the objection to the defense is not raised in opposition…
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PER CURIAM.
We affirm the summary final judgment in favor of appellee General Motors Acceptance Corporation under the authority of Rooks v. Thorpe, 567 So. 2d 1075 (Fla. 3d DCA 1990); Tsiknakis v. Volvo Finance North America, Inc., 566 So. 2d 520 (Fla. 3d DCA 1990); Raynor v. De La Nuez, 558 So. 2d 141 (Fla. 3d DCA 1990); Folmar v. Young, 560 So. 2d 798 (Fla. 4th DCA 1990); Kraemer v. General Motors Acceptance Corp., 556 So. 2d 431 (Fla. 2d DCA 1989), jurisdiction accepted, 564 So. 2d 487 (Fla.1990); and Perry v. G.M.A.C. Leasing Corp., 549 So. 2d 680 (Fla. 2d DCA 1989), review denied, 558 So. 2d 18 (Fla.1990). As was done in Raynor, we note that the question presented here affects the rights of the motoring public, and certify the question to the Supreme Court of Florida as one of great public importance.
Affirmed.*
*
Appellant also contends that GMAC’s defense under paragraph 324.021(9)(b), Florida Statutes (1989), although raised by the motion for summary judgment, was not pled as an affirmative defense. As that objection was not made below in opposition to the motion for summary judgment, it is waived. In any event, had the objection been made below, the trial court plainly would have exercised its discretion to permit the assertion of the affirmative defense. See generally Coral Ridge Properties, Inc. v. Playa Del Mar Ass'n, Inc., 505 So. 2d 414, 417 (Fla.1987) (on facts there presented, motion for summary judgment could be entertained on basis of affirmative defense, even though answer and affirmative defenses had not been filed).
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Parvin Wright v. Caruana, 640 So. 2d 197 (Fla. 3d DCA 1994)…Wright pursuant to § 57.041. Affirmed in part, reversed in part, and remanded. . The delay in proceeding to trial was a result of pretrial appellate litigation, unrelated to the issues now before us. See Wright v. General Motors Acceptance Corp., 570 So. 2d 1130 (Fla. 3d DCA 1990), approved, 583 So. 2d 1033 (Fla.1991). . Previous versions of Rule 1.442 contained procedural requirements for the making of offers of judgment. See, e.g., The Florida Bar re: Amendment to Rules of Civil Procedure, Rule 1,442 (Of…
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Parvin Wright v. Gen. Motors Acceptance Corp., 583 So. 2d 1033 (Fla. 1991)…PER CURIAM. We review Wright v. General Motors Acceptance Corp., 570 So. 2d 1130 (Fla. 3d DCA 1990), in which the Third District Court of Appeal certified its decision to be of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have now answered the questions involved in this case in Kraemer v. Ge…
Authorities Cited
- Kraemer v. Gen. Motors Acceptance Corp., 556 So. 2d 431 (Fla. 2d DCA 1989)
- Gaylord J. Perry v. G.M.A.C. Leasing Corp., 549 So. 2d 680 (Fla. 2d DCA 1989)
- Folmar v. Young, 560 So. 2d 798 (Fla. 4th DCA 1990)
- Coral Ridge Props., Inc. v. Playa DEL MAR Ass'n, Inc., 505 So. 2d 414 (Fla. 1987)
- Raynor v. DE LA Nuez, 558 So. 2d 141 (Fla. 3d DCA 1990)
- Theodor Tsiknakis and Kiki Tsiknakis v. Volvo Fin. N. Am., Inc., 566 So. 2d 520 (Fla. 3d DCA 1990)
- Rooks v. Thorpe, 567 So. 2d 1075 (Fla. 3d DCA 1990)