Fabre v. Marin, 623 So. 2d 1182, 1183 (Fla. 1993) established that a defendant may reduce its responsibility by the degree of negligence of a nonparty to the action. Fabre, 623 So. 2d at 1187. In order to place the nonparty on the verdict form, the defendant bears the burden of presenting evidence at trial that the nonparty’s negligence contributed to the accident. Nash v. Wells Fargo Guard Servs., Inc., 678 So. 2d 1262, 1264 (Fla. 1996). The non-party Defendant must be identified at the onset of the litigation to provide notice as to the affirmative defense, and the defense must prove fault of the non-party. T&S Enterprises Handicap Accessibility, Inc. v. Wink Indus. Maintenance & Repair, Inc., 11 So. 3d 411 (Fla. 2d DCA 2009)
FLORIDA RULES OF CIVIL PROCEDURE
- Florida Rules of Civil Procedure
- Rule 1.010. Scope-Title of Rules
- Rule 1.020. Privacy and Court Records
- Rule 1.030. Nonverification of Pleadings
- Rule 1.040. One Form of Action
- Rule 1.050. When Action Commenced
- Rule 1.060. Transfers of Actions
- Rule 1.061. Choice of Forum
- Rule 1.070. Process
- Rule 1.071. Constitutional Challenge to State Statute or County or Municipal Charter, Ordinance, or Franchise; Notice by Party
- Rule 1.080. Service and Filing of Pleadings, Orders, and Documents
- Rule 1.090. Time
- Rule 1.100. Pleadings and Motions
- Rule 1.110. General Rules of Pleading
- Rule 1.115. Pleading Mortgage Foreclosures
- Rule 1.120. Pleading Special Matters
- Rule 1.130. Attaching Copy of Cause of Action and Exhibits
- Rule 1.140. Defenses
- Rule 1.150. Sham Pleadings
- Rule 1.160. Motions
- Rule 1.170. Counterclaims and Crossclaims
- Rule 1.180. Third-Party Practice
- Rule 1.190. Amended and Supplemental Pleadings
- Rule 1.200. Pretrial Procedure
- Rule 1.201. Complex Litigation
- Rule 1.210. Parties
- Rule 1.220. Class Actions
- Rule 1.221. Homeowner’s Associations and Condominium Associations
- Rule 1.222. Mobile Homeowner’s Associations
- Rule 1.230. Interventions
- Rule 1.240. Interpleader
- Rule 1.250. Misjoinder and Nonjoinder of Parties
- Rule 1.260. Survivor; Substitution of Parties
- Rule 1.270. Consolidation; Separate Trials
- Rule 1.280. General Provisions Governing Discovery
- Rule 1.285. Inadvertent Disclosure of Privileged Materials
- Rule 1.290. Depositions Before Action or Pending Appeal
- Rule 1.300. Persons Before Whom Depositions May Be Taken
- Rule 1.310. Depositions Upon Oral Examination
- Rule 1.320. Depositions Upon Written Questions
- Rule 1.330. Use of Depositions in Court Proceedings
- Rule 1.340. Interrogatories to Parties
- Rule 1.350. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
- Rule 1.351. Production of Documents and Things Without Deposition
- Rule 1.360. Examination of Persons
- Rule 1.370. Requests for Admission
- Rule 1.380. Failure to Make Discovery; Sanctions
- Rule 1.390. Depositions of Expert Witnesses
- Rule 1.410. Subpoena
- Rule 1.420. Dismissal of Actions
- Rule 1.430. Demand for Jury Trial; Waiver
- Rule 1.431. Trial Jury
- Rule 1.440. Setting Action for Trial
- Rule 1.442. Proposals for Settlement
- Rule 1.450. Evidence
- Rule 1.451. Taking Testimony
- Rule 1.452. Questions by Jurors
- Rule 1.455. Juror Notebooks
- Rule 1.460. Continuances
- Rule 1.470. Exceptions Unnecessary; Jury Instructions
- Rule 1.480. Motion for a Directed Verdict
- Rule 1.481. Verdicts
- Rule 1.490. Magistrates
- Rule 1.491. General Magistrates for Residential Foreclosure Matters
- Rule 1.500. Defaults and Final Judgments Thereon
- Rule 1.510. Summary Judgment
- Rule 1.520. View
- Rule 1.525. Motions for Costs and Attorney’s Fees
- Rule 1.530. Motions for New Trial and Rehearing; Amendments for Judgments
- Rule 1.540. Relief from Judgment, Decrees, or Orders
- Rule 1.550. Executions and Final Process
- Rule 1.560. Discovery in Aid of Execution
- Rule 1.570. Enforcement of Final Judgments
- Rule 1.580. Writ of Possession
- Rule 1.590. Process in Behalf of and Against Persons Not Parties
- Rule 1.600. Deposits in Court
- Rule 1.610. Injunctions
- Rule 1.620. Receivers
- Rule 1.625. Proceedings Against Surety on Judicial Bonds
- Rule 1.630. Extraordinary Remedies
- Rule 1.650. Medical Malpractice Presuit Screening Rule
- Rule 1.700. Rules Common to Mediation and Arbitration
- Rule 1.710. Mediation Rules
- Rule 1.720. Mediation Procedures
- Rule 1.730. Completion of Mediation
- Rule 1.750. County Court Actions
- Rule 1.800. Exclusions from Arbitration
- Rule 1.810. Selection and Compensation of Arbitrators
- Rule 1.820. Hearing Procedures for Non-Binding Arbitration
- Rule 1.830. Voluntary Binding Arbitration
CONTACT INFORMATION
Cox Law Office
156 East Bloomingdale Ave.,
Brandon, 33511
Phone: (813) 685 8600
CONNECT WITH COX LAW
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VIEW THE RULES OF CIVIL PROCEDURE
- Florida Rules of Civil Procedure
- Rule 1.010. Scope-Title of Rules
- Rule 1.020. Privacy and Court Records
- Rule 1.030. Nonverification of Pleadings
- Rule 1.040. One Form of Action
- Rule 1.050. When Action Commenced
- Rule 1.060. Transfers of Actions
- Rule 1.061. Choice of Forum
- Rule 1.070. Process
- Rule 1.071. Constitutional Challenge to State Statute or County or Municipal Charter, Ordinance, or Franchise; Notice by Party
- Rule 1.080. Service and Filing of Pleadings, Orders, and Documents
- Rule 1.090. Time
- Rule 1.100. Pleadings and Motions
- Rule 1.110. General Rules of Pleading
- Rule 1.115. Pleading Mortgage Foreclosures
- Rule 1.120. Pleading Special Matters
- Rule 1.130. Attaching Copy of Cause of Action and Exhibits
- Rule 1.140. Defenses
- Rule 1.150. Sham Pleadings
- Rule 1.160. Motions
- Rule 1.170. Counterclaims and Crossclaims
- Rule 1.180. Third-Party Practice
- Rule 1.190. Amended and Supplemental Pleadings
- Rule 1.200. Pretrial Procedure
- Rule 1.201. Complex Litigation
- Rule 1.210. Parties
- Rule 1.220. Class Actions
- Rule 1.221. Homeowner’s Associations and Condominium Associations
- Rule 1.222. Mobile Homeowner’s Associations
- Rule 1.230. Interventions
- Rule 1.240. Interpleader
- Rule 1.250. Misjoinder and Nonjoinder of Parties
- Rule 1.260. Survivor; Substitution of Parties
- Rule 1.270. Consolidation; Separate Trials
- Rule 1.280. General Provisions Governing Discovery
- Rule 1.285. Inadvertent Disclosure of Privileged Materials
- Rule 1.290. Depositions Before Action or Pending Appeal
- Rule 1.300. Persons Before Whom Depositions May Be Taken
- Rule 1.310. Depositions Upon Oral Examination
- Rule 1.320. Depositions Upon Written Questions
- Rule 1.330. Use of Depositions in Court Proceedings
- Rule 1.340. Interrogatories to Parties
- Rule 1.350. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
- Rule 1.351. Production of Documents and Things Without Deposition
- Rule 1.360. Examination of Persons
- Rule 1.370. Requests for Admission
- Rule 1.380. Failure to Make Discovery; Sanctions
- Rule 1.390. Depositions of Expert Witnesses
- Rule 1.410. Subpoena
- Rule 1.420. Dismissal of Actions
- Rule 1.430. Demand for Jury Trial; Waiver
- Rule 1.431. Trial Jury
- Rule 1.440. Setting Action for Trial
- Rule 1.442. Proposals for Settlement
- Rule 1.450. Evidence
- Rule 1.451. Taking Testimony
- Rule 1.452. Questions by Jurors
- Rule 1.455. Juror Notebooks
- Rule 1.460. Continuances
- Rule 1.470. Exceptions Unnecessary; Jury Instructions
- Rule 1.480. Motion for a Directed Verdict
- Rule 1.481. Verdicts
- Rule 1.490. Magistrates
- Rule 1.491. General Magistrates for Residential Foreclosure Matters
- Rule 1.500. Defaults and Final Judgments Thereon
- Rule 1.510. Summary Judgment
- Rule 1.520. View
- Rule 1.525. Motions for Costs and Attorney’s Fees
- Rule 1.530. Motions for New Trial and Rehearing; Amendments for Judgments
- Rule 1.540. Relief from Judgment, Decrees, or Orders
- Rule 1.550. Executions and Final Process
- Rule 1.560. Discovery in Aid of Execution
- Rule 1.570. Enforcement of Final Judgments
- Rule 1.580. Writ of Possession
- Rule 1.590. Process in Behalf of and Against Persons Not Parties
- Rule 1.600. Deposits in Court
- Rule 1.610. Injunctions
- Rule 1.620. Receivers
- Rule 1.625. Proceedings Against Surety on Judicial Bonds
- Rule 1.630. Extraordinary Remedies
- Rule 1.650. Medical Malpractice Presuit Screening Rule
- Rule 1.700. Rules Common to Mediation and Arbitration
- Rule 1.710. Mediation Rules
- Rule 1.720. Mediation Procedures
- Rule 1.730. Completion of Mediation
- Rule 1.750. County Court Actions
- Rule 1.800. Exclusions from Arbitration
- Rule 1.810. Selection and Compensation of Arbitrators
- Rule 1.820. Hearing Procedures for Non-Binding Arbitration
- Rule 1.830. Voluntary Binding Arbitration
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