J.A.B. Enterprises and John Brown v. Joseph L. Gibbons, Sr., et al.

Summary

The Florida Fourth District Court of Appeal affirmed summary judgment enforcing a workers' compensation order against J.A.B. Enterprises and John Brown. The court held that the appellants waived defenses based on lack of notice of the compensation hearing and failure to receive the compensation order because those defenses were not raised in the answer or by motion. The court also held that the appellants' failure to deny the allegation that the compensation order had become final constituted an admission.

Holdings

1. Defenses other than lack of subject matter jurisdiction are waived if not raised by motion or responsive pleading. Because appellants did not assert lack of notice of the compensation hearing or failure to receive the compensation order in their answer, they could not raise those defenses for the first time in opposition to summary judgment.
2. An answer stating that the defendant neither admits nor denies a material allegation and demanding strict proof does not constitute a denial. Because appellants failed to deny the allegation that the compensation order had not been appealed and had become final, finality was admitted.
3. Once the compensation order was treated as final and the relevant defenses were waived or admitted, the circuit court had no authority to do anything other than order enforcement of the compensation order.
4. An issue not raised in an appellant's initial brief is deemed abandoned and may not be raised for the first time in a reply brief.

Questions Presented

1. Whether appellants waived their defenses based on lack of notice of the workers' compensation hearing and failure to receive the compensation order by failing to assert them in a motion or responsive pleading.
2. Whether appellants' failure to deny the allegation that the compensation order had not been appealed and had become final constituted an admission of finality.
3. Whether the circuit court properly entered summary judgment enforcing the compensation order.
4. Whether appellants could raise for the first time in their reply brief that they had not received the compensation order.

Disposition

affirmed