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Webster Opposition to MTS_Brevard County_05-2009-CA-74735

Webster Opposition to MTS_Brevard County_05-2009-CA-74735

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Published by T. Anthony Webster

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Published by: T. Anthony Webster on Aug 09, 2013
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12/29/2013

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IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT,IN AND FOR BREVARD COUNTY, FLORIDACHASE HOME FINANCE, LLC,Case No.: 05-2009-CA-74735Plaintiff,vs.THOMAS A. WEBSTER, et alDefendant, Pro Se_____________________________________/ 
DEFENDANT THOMAS WEBSTER'S OPPOSITION TO PLAINTIFF'S MOTION TOSTRIKE DEFENDANT'S AFFIRMATIVE DEFENSES
Now comes Defendant Thomas Webster, and pursuant to 1.140 FL. R. Civ. P., opposesPlaintiff's Motion to Strike Defendant's Affirmative Defenses, and in support thereof states:IFACTS1.On May 21, 2013, the Defendant filed his Amended Answer and Affirmative Defenses.(Document number 62 in Clerk's Docket.) The Plaintiff failed to file a Reply to the De-fendant's Affirmative Defenses. On or about July 25, 2012, Plaintiff filed a Motion toStrike Defendant's Affirmative Defenses.IIARGUMENT2.Rule 1.140(b) states in part:If a pleading sets forth a claim for relief to which the adverse party is not required toserve a responsive pleading, the adverse party may assert any defense in law or fact tothat claim for relief at the trial, except that the objection of failure to state a legal defensein an answer or reply shall be asserted by motion to strike the defense within 20 daysafter service of the answer or reply.
3.
In Buss Aluminum Prods. v. Crown Window Co., 651 So. 2d 694, 695 (Fla. 2
nd
DCA1995), the Court stated:
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