Limitation of actions — Homeowners association’s action to foreclose lien for unpaid assessments — Error to enter summary judgment for defendants on basis of statute of limitations defense where statute of limitations defense was not raised in defendants’ pleadings, but was first raised in motion for summary judgment — Statute of limitations defense is one of enumerated affirmative defenses under rule 1.110(d), which must be affirmatively set forth in a pleading or it is deemed waived
45 Fla. L. Weekly D1882a
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.