Florida Affirmative Defenses and Procedural Objections, 2015 ed.

• Author: Ostroff, Eric
• Position: Book review

Florida Affirmative Defenses and Procedural Objections, 2015 Edition

By Joshua B. Spector and Paul D. Turner

Pleading affirmative defenses can be tricky. Many lawyers are unaware of, or disregard, the pleading standards. Others assert defenses scattershot, without regard for their applicability to the case at hand. This book enables lawyers to rise above this kind of substandard affirmative defense pleading and effectively defend their clients against asserted claims. Unlike many law books that collect dust, Florida Affirmative Defenses and Procedural Objections proves its usefulness every time a lawyer needs to respond to a complaint.

The book walks through affirmative defenses in Florida, giving an explanation, the elements, and supporting authority. Keeping this book handy while drafting affirmative defenses allows a litigator to ensure that he or she includes all relevant defenses, along with the factual allegations necessary to support the defense.

This book is equally helpful to plaintiffs' lawyers who need to draft motions to strike affirmative defenses, since it contains case cites for each listed affirmative defense. Of particular value is the chapter on reply pleading. Many lawyers routinely file a boilerplate reply along the lines of "the plaintiff denies all of the defendant's affirmative...