On July 30, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Barbat, Maria,
and
United Property & Casualty Ins Co,
for Contract and Indebtedness
in the District Court of Broward County.
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Filing # 32003735 E-Filed 09/14/2015 11:57:15 AM
IN THE CIRCUIT COURT OF THE 17!"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:15-013511 DIV 25
MARIA BARBAT,
Plaintiffs,
vs.
UNITED PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ MOTION TO STRIKE AFFIRMATIVE DEFENSES
The Plaintiff, MARIA BARBAT, by and through her undersigned counsel,
pursuant to Florida Rule of Civil Procedure 1.140(b) moves to strike the Defendant’s, UNITED
PROPERTY & CASUALTY INSURANCE COMPANY, Affirmative Defenses, and as good
grounds therefore state as follows:
1. The specificity required for pleading defenses is the same as that required to plead
claims. Certainty is required when pleading defenses, and pleading conclusions
of law unsupported by allegations of ultimate fact is legally insufficient. Cady v.
Chevy Chase Sav. & Loan, 528 So.2d 136, 138 (Fla. 4" DCA 1988).
2. In this case, the Defendant has failed to plead any of its defenses with the
specificity required by Florida law. Accordingly, the Defendant’s affirmative
defenses should be stricken.
WHEREFORE, the Plaintiff moves this Court for an Order striking the affirmative
defenses raised by the Defendant.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing document was
electronically filed and served via Florida Courts E-Filing Portal on this 11 day of September to:
Gregory McMahon, Esq., Koleos, Rosenberg & McMahon, PL, 717 N. Magnolia Avenue, Orlando,
FL 32803 (Tel: 407-637-8788; Email: gpm@krmlegalgroup.com, amd@krmlegalgroup.com).
Jaramillo, Correa & Martinez
Attorneys for Plaintiff
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/14/2015 11:57:16 AM.****7700 N. Kendall Drive, Suite 805
Miami, FL 33156
Tel: (305) 598-7739; Fax: (305) 598-5034
By.
ANDRES J. CORREA (FBN 89790)
2
JARAMILLO, CORREA & MARTINEZ, 7700 N, KENDALL DRIVE, SUITE 805, MIAMI, FL 33156
TELEPHONE 305-598-7739 FACSIMILE 305-598-5034 EMAIL: COURTMAIL(@ICMLAWGROUP.COM
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Filing # 32003735 E-Filed 09/14/2015 11:57:15 AM IN THE CIRCUIT COURT OF THE 17!" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.:15-013511 DIV 25 MARIA BARBAT, Plaintiffs, vs. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFFS’ MOTION TO STRIKE AFFIRMATIVE DEFENSES The Plaintiff, MARIA BARBAT, by and through her undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.140(b) moves to strike the Defendant’s, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Affirmative Defenses, and as good grounds therefore state as follows: 1. The specificity required for pleading defenses is the same as that required to plead claims. Certainty is required when pleading defenses, and pleading conclusions of law unsupported by allegations of ultimate fact is legally insufficient. Cady v. Chevy Chase Sav. & Loan, 528 So.2d 136, 138 (Fla. 4" DCA 1988). 2. In this case, the Defendant has failed to plead any of its defenses with the specificity required by Florida law. Accordingly, the Defendant’s affirmative defenses should be stricken. WHEREFORE, the Plaintiff moves this Court for an Order striking the affirmative defenses raised by the Defendant. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing document was electronically filed and served via Florida Courts E-Filing Portal on this 11 day of September to: Gregory McMahon, Esq., Koleos, Rosenberg & McMahon, PL, 717 N. Magnolia Avenue, Orlando, FL 32803 (Tel: 407-637-8788; Email: gpm@krmlegalgroup.com, amd@krmlegalgroup.com). Jaramillo, Correa & Martinez Attorneys for Plaintiff *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/14/2015 11:57:16 AM.****7700 N. Kendall Drive, Suite 805 Miami, FL 33156 Tel: (305) 598-7739; Fax: (305) 598-5034 By. ANDRES J. CORREA (FBN 89790) 2 JARAMILLO, CORREA & MARTINEZ, 7700 N, KENDALL DRIVE, SUITE 805, MIAMI, FL 33156 TELEPHONE 305-598-7739 FACSIMILE 305-598-5034 EMAIL: COURTMAIL(@ICMLAWGROUP.COM