Legal Question in Real Estate Law in Florida

When I flled our FC written response I requested verification and certified copies of documents re to all transactions(charges/pmts) from inception to default date, all named Trusts, etc., etc., etc... (I did NOT word my request properly I believe, nor did I reference any specific rule). Plantiff for the bank field a "motion to strick defendants' qualified written request or in the alternative, the defendants' first set of discovery"...Plantif closed with request to court to enter an order to strike the document, determine whether or not to allow defendant's document so plantiff can respond accordingly....MY QUESTION: Should I resubmit my response to the general allegations with "revised" affirmative defenses" stated properly and referencing case laws? If so, what should new doc be named?


Asked on 8/17/12, 4:07 pm

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

If you take on the task of defending yourself, you should at least educate yourself a bit more about what you are dealing with. There are many ways to go about getting what you think you need. One of the forms of discovery that I find most productive is requests for admissions. If you fail to list an affirmative defense, like standing, or failure to perform a condition precedent, or any others, you waive them. This is what happens when carpenters try to perform brain surgery.

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Answered on 9/05/12, 8:28 am


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