Kuchaes v. Suncoast Schools Federal Credit Union

District Court of Appeal of Florida

Kuchaes v. Suncoast Schools Federal Credit Union

161 So. 3d 588, 2014 Fla. App. LEXIS 20379, 2014 WL 7156822

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 2014

Docket2D14-1119

StatusPublished

This text of 161 So. 3d 588 (Kuchaes v. Suncoast Schools Federal Credit Union) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kuchaes v. Suncoast Schools Federal Credit Union, 161 So. 3d 588, 2014 Fla. App. LEXIS 20379, 2014 WL 7156822 (Fla. Ct. App. 2014).

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Opinion

MORRIS, Judge.

Darin Kuchaes appeals a final summary judgment entered in favor of Suncoast Schools Federal Credit Union in its action for breach of contract on a promissory note. We conclude that because Kuchaes’ affirmative defenses were stricken and because Kuchaes did not attempt to amend his pleadings, he waived his right to assert the affirmative defenses in response to Suncoast’s motion for summary judgment and that any discovery intended to prove those defenses would have been superfluous. See Cong. Park Office Condos II, LLC v. First-Citizens Bank & Trust Co., 105 So.3d 602, 607 (Fla. 4th DCA 2013). Yet, even if he had been entitled to assert the defenses, we conclude that his affidavit in opposition to Suncoast’s motion was insufficient to preclude entry of final summary judgment. See Land Dev. Servs., Inc. v. Gulf View Townhomes, LLC, 75 So.3d 865, 870 (Fla. 2d DCA 2011); Gen. Mortg. & Fin. Corp. v. PanKs, 193 So.2d 710, 711 (Fla. 2d DCA 1967).

Affirmed.

' NORTHCUTT and WALLACE, JJ., Concur.

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MORRIS, Judge.

Darin Kuchaes appeals a final summary judgment entered in favor of Suncoast Schools Federal Credit Union in its action for breach of contract on a promissory note. We conclude that because Kuchaes’ affirmative defenses were stricken and because Kuchaes did not attempt to amend his pleadings, he waived his right to assert the affirmative defenses in response to Suncoast’s motion for summary judgment and that any discovery intended to prove those defenses would have been superfluous. See Cong. Park Office Condos II, LLC v. First-Citizens Bank & Trust Co., 105 So.3d 602, 607 (Fla. 4th DCA 2013). Yet, even if he had been entitled to assert the defenses, we conclude that his affidavit in opposition to Suncoast’s motion was insufficient to preclude entry of final summary judgment. See Land Dev. Servs., Inc. v. Gulf View Townhomes, LLC, 75 So.3d 865, 870 (Fla. 2d DCA 2011); Gen. Mortg. & Fin. Corp. v. PanKs, 193 So.2d 710, 711 (Fla. 2d DCA 1967).

Affirmed.

' NORTHCUTT and WALLACE, JJ., Concur.

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Bluebook (online)

161 So. 3d 588, 2014 Fla. App. LEXIS 20379, 2014 WL 7156822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuchaes-v-suncoast-schools-federal-credit-union-fladistctapp-2014.

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