GAYNOR MONIQUE STEPHENSON
v.
LENDINGHOME FUNDING CORP.
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A defendant waives a lack of standing defense by failing to raise it prior to closing argument.
[1] Lack of standing is an affirmative defense that must be raised by defendant, and failure to raise it before closing argument constitutes waiver of the defense.
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Join FLexlaw to unlock all legal intelligence“lack of standing is an affirmative defense that must be raised by the defendant and the failure to raise it generally results in waiver”
Court's holding regarding when standing defenses must be raised
Gaynor Monique Stephenson appealed a circuit court judgment in a case against Lendinghome Funding Corp. The defendant did not raise a standing defense…
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PER CURIAM. Affirmed. See Phadael v. Deutsche Bank Tr. Co. Americas, 83 So. 3d 893, 895 (Fla. 4th DCA 2012) (“We have previously explained that lack of standing is an affirmative defense that must be raised by the defendant and the failure to raise it generally results in waiver.”); Kissman v. Panizzi, 891 So. 2d 1147, 1150 (Fla. 4th DCA 2005) (“[T]he sellers waived the issue of the buyer’s lack of standing, because they did not raise the issue until closing argument.”). WARNER, GERBER and ARTAU, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.