CONTRACTS: PROMISSORY NOTE: BREACH OF CONTRACT; CIVIL PROCEDURE: SUMMARY JUDGMENT: DEFENDANT COULD NOT ASSERT AFFIRMATIVE DEFENSES IN OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT BECAUSE DEFENDANT’S AFFIRMATIVE DEFENSES WERE STRICKEN, AND HE DID NOT ATTEMPT TO AMEND HIS PLEADINGS: DISCOVERY ON AFFIRMATIVE DEFENSES WOULD NOT HAVE SERVED A USEFUL PURPOSE: DEFENDANT’S AFFIDAVIT, WHICH SOUGHT TO INVOKE THE STRICKEN DEFENSES, WAS INSUFFICIENT

Kuchaes v. Suncoast Schools Federal Credit Union, ___ So. 3d ___, 40 Fla. L. Weekly D14 (Fla. 2d DCA December 17, 2014)

The appellate court affirmed summary judgment for the plaintiff in an action for breach of contract on a promissory note. (1) The defendant was not entitled to oppose the motion based on his affirmative defenses because they had been stricken, and he did not attempt to amend his answer. (2) The defendant’s failure to conduct or complete discovery on his affirmative defenses was inconsequential because the defenses were stricken. (3) In any event, the defendant’s affidavit, which was based upon his affirmative defenses, was insufficient.

[Editor’s Note: Point 3 may beg the question if the defendant was unable to submit a better affidavit because of the lack of discovery on his affirmative defenses.]

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