According to Rule 1.110(d) of the Florida Rules of Civil Procedure, the following affirmative defenses must be raised when pleading to a preceding pleading:
- accord and satisfaction
- arbitration and award
- assumption of risk
- contributory negligence
- discharge in bankruptcy
- duress
- estoppel
- failure of consideration
- fraud
- illegality
- injury by fellow servant
- laches
- license
- payment
- release
- res judicata
- statute of frauds
- statute of limitations
- waiver; and
- any other matter constituting an avoidance or affirmative defense.
If you have been sued and seek to raise affirmative defenses to a particular claim, please contact Joel Ewusiak for legal assistance with your specific matter.