The defense of “statute of limitations” is one of the enumerated affirmative defenses under Florida Rule of Civil Procedure 1.110(d), which must be affirmatively set forth in a pleading or it is deemed waived. Louie’s Oyster, Inc. v. Villaggio Di Las Olas, Inc., 915 So. 2d 220, 223 (Fla. 4th DCA 2005). The Fourth DCA held pursuant to Fla.R.Civ.P. 1.110(d) waiver and estoppel are affirmative defenses that are waived unless they are included in the pleadings.
Link: https://www.4dca.org/content/download/155311/1373457/file/4D04-3488.op.pdf
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