Peter A. Koziol, Esq.
     and the attorneys of Assouline & Berlowe, P.A.
     1801 N. Military Trail, Suite 160
     Boca Raton, Florida 33431
     (561) 235 - 0725


Information Regarding Civil Cases
Palm Beach
Southern District of Florida
Middle District of Florida
Northern District of Florida

Legal Glossary

Palm Beach Civil Cases > 2012 > July > 31


Case No: 502012CA014017XXXXMB

Filed in The 15th Judicial Circuit in and for Palm Beach County Florida

On July 31, 2012, HEARTWOOD 47 LLC filed a lawsuit in the 15th Judicial Circuit in and for Palm Beach County Florida, against Defendant for CONTRACT & DEBT.

Each defendant may have valid defenses and potential counterclaims that are case specific and should speak with a qualified attorney. Contact Mr. Koziol for a free conflict check and case evaluation.

After a free conflict check and free initial case evaluation, in the event Mr. Koziol is unable to represent a potential client, he will do his best to make a recommendation as to who he knows that might be able to assist. The initial call for new clients is always free and confidential.

The rules that follow are general, and do not necessarily apply to the facts of any specific action.

In most civil matters filed in Florida State Courts, a plaintiff has the burden to prove its case by a preponderance of the evidence. The mere filing of a case does not mean there is any merit to a plaintiff's case. A party and/or its attorneys may be subject to sanctions for raising unsupported claims or defenses. Fla. Stat. § 57.105 (2012).

A number of defenses must be pled in a response to a complaint or they are waived, including but not limited to accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Fla. R. Civ. P. 1.110(d)(2012).

Furthermore, if supported by the law and facts the following defenses may be made before pleading by motion at the option of the pleader:

  1. lack of jurisdiction over the subject matter,
  2. lack of jurisdiction over the person,
  3. improper venue,
  4. insufficiency of process,
  5. insufficiency of service of process,
  6. failure to state a cause of action, and
  7. failure to join indispensable parties.

Failure to properly raise these defenses and the substantial matters of law upon which they are based may result in waiver of the defense. Fla. R. Civ. P. 1.140(b)(2012). Furthermore, a defendant may also move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading. Fla. R. Civ. P. 1.140(f)(2012). Sham pleadings may be stricken after an evidentiary hearing, or the court may issue default and summary judgment on the merits. Fla. R. Civ. P. 1.150(a)(2012).

Often defendants have counterclaims that may exceed or prevail over a plaintiff's complaint. These counterclaims should be raised when responding to complaint or they may be waived. Fla. R. Civ. P. 1.170(a)(2012).

Generally, Florida law provides twenty (20) days to respond to a complaint, but in some cases this time may be shortened. If a defendant fails to timely respond to a complaint the clerk or Court may enter a default.

Generally, with the exception of small claims cases, corporate defendants must have counsel or a default will be entered against them. Officers and owners appearing on behalf of the corporation that are not licensed attorneys admitted to practice in the Courts of Florida are engaged in the unauthorized practice of law. See, e.g., Rafanello v. Bode, 21 So.3d 867, 870 (Fla. 4th DCA 2009).

Call Peter Koziol at 561-235-0725 for a free, confidential, and no obligation telephonic consultation. His firm maintains offices in Broward, Miami and Palm Beach counties.

For more information regarding this case, or to speak to an attorney, click the button below.

Your request is confidential, but does NOT create an attorney-client relationship. To retain the firm call 561-235-0725. The information provided is for informational purposes only. The information available through this web site is not the official court record information of the Clerk, and should not be relied upon for any type of legal action. The official court record information is available only from the Clerk of the Circuit Court.

Peter A. Koziol, Oasis Global, Inc. and their data providers provide no warranties of any kind or nature, express or implied, and specifically disclaim any and all warranties with regard to any computer programs, materials or services in connection with this web site. Oasis Global, Inc. and its data service providers strive to maintain accurate, complete and timely data on this web site but shall not be liable for any consequential, exemplary, incidental or special damages arising from or in connection with data or information accessed via this site.

Enter your name and phone number, and Peter will call you back as soon as possible.

Legal Glossary

Copyright © 1999-2015.

Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Read More >