CHRISTOPHER BENTON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013)
  …(8th ed. 2004). This principle is based on the relative circumstances of the parties at the time of the execution or performance of the contract and generally may be raised in an action at law or in equity. O’Halloran v. Pricewaterhouse-Coopers LLP, 969 So. 2d 1039, 1044 (Fla. 2d DCA 2007) (“The defense of in pari delicto ‘is both an affirmative defense and an equitable defense’... [that] prohibits plaintiffs from recovering damages resulting from their own wrongdoing.” (quoting Nisselson v. Lernout, 469 F. 3d…
• Herendeen v. Mandelbaum, 232 So. 3d 487 (Fla. 2d DCA 2017)
  …3d 411, 418 (5th Cir. 2007) (first and second alternation in original). “The law is well established that under § 541(a) of the Bankruptcy Code, ‘[a] bankruptcy trustee stands in the shoes of the debtor.’ ” O’Halloran v. PricewaterhouseCoopers LLP, 969 So. 2d 1039, 1046 (Fla. 2d DCA 2007) (quoting Official Comm. of Unsecured Creditors of PSA, Inc. v. Edwards, 437 F. 3d 1145, 1150 (11th Cir. 2006)). “The Bankruptcy Code provides that property of the debtor estate includes ‘all legal or equitable interests of t…
• Lewis v. Morgan, 79 So. 3d 926 (Fla. 1st DCA 2012)
  …a motion to dismiss under Florida Rule of Civil Procedure 1.140(b). See Fla. R. Civ. P. 1.110(d); see also Se. Integrated Med., P.L. v. N. Fla. Women’s Physicians, P.A., 50 So. 3d 21, 24 (Fla. 1st DCA 2010); O’Halloran v. PricewaterhouseCoopers LLP, 969 So. 2d 1039, 1042 (Fla. 2d DCA 2007). The existence of probable cause to arrest is an affirmative defense to false arrest. See Rivers v. Dillards Dep’t [*929] Store, Inc., 698 So. 2d 1328, 1331 (Fla. 1st DCA 1997). And the existence of probable cause will defea…