Frequently, when defending Civil Litigation cases in Florida, the Plaintiff will try to strike our affirmative defenses, claiming that we have not sufficiently proven the requisite facts. The Fourth District today explained that to survive a motion to strike, an affirmative defense must merely be “legally sufficient on its face . . . [and present] a bona fide issue of fact.” If that standard is met, it is improper to strike the affirmative defense according to the Court’s ruling.
The case is SOUTHWART v. BANK OF NEW YORK, and you can read it here.