This form is a Separate Answer and Affirmative Defense to a Cross-Claim. The form provides that the cross-claim fails to state a claim upon which relief can be granted. Therefore, it is requested that the cross-claim be dismissed with prejudice, with all costs assessed against the cross-plaintiff.
Florida Separate Answer and Affirmative Defenses to Crossclaim
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FAQ
A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served.
In a crossclaim one plaintiff sues another plaintiff or one defendant sues another defendant. Crossclaims are permissive. A party can assert a crossclaim if the claim arises out of the same transaction or occurrence as a claim already asserted in the action, that is, the original claim or any counterclaim.
A crossclaim seeks affirmative relief against a co-party in the lawsuit such as a co- defendant. Crossclaims are generally permissive in that they may be brought in the same suit if they arise out of the same transaction or occurrence, but some state courts allow cross claims to be brought in a sep- arate suit.
Florida Rule of Civil Procedure 1.100(a) states that ?if an answer ... contains an affirmative defense and the opposing party seeks to avoid it, the opposing party shall file a reply containing the avoidance. No other pleadings shall be allowed.? (Emphasis supplied.)
Rule 1.140 provides that the defenses of lack of personal jurisdiction, improper venue, and lack of service, among others, ?may be made by motion at the option of the pleader.? Fla. R. Civ.
What is an affirmative defense. An affirmative defense is a defense that brings up new facts or issues not in the Complaint that, if true, would be a legal reason why the plaintiff should not win, or should win less than they're asking for. It is not a denial that you did what the plaintiff says you did.
In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.
