Nuce Acoustic Ceilings & Drywall, Inc. v. DeLesline Construction, Inc.

Summary

The Florida Second District Court of Appeal affirmed a final judgment for DeLesline Construction, Inc. after a bench trial in a subcontractor payment dispute. The court held that the trial court did not improperly permit unpleaded affirmative defenses because the evidence concerned general denials and Nuce failed to prove its claims.

Holdings

1. Although affirmative defenses generally must be pleaded in the answer or separately and are waived if not pleaded, a general denial is not an affirmative defense. The affidavit submitted in opposition to summary judgment did not raise affirmative defenses, and the final judgment was based on Nuce's failure to prove its pleaded claims rather than on unpleaded affirmative defenses.
2. The final judgment in favor of DeLesline is affirmed because Nuce failed to establish reversible error.
3. The denial of Nuce's motion for summary judgment does not warrant reversal.

Questions Presented

1. Whether the trial court improperly allowed DeLesline to present evidence supporting affirmative defenses that were allegedly not pleaded.
2. Whether the trial court erred in entering final judgment against Nuce after the bench trial.
3. Whether the trial court erred in denying Nuce's motion for summary judgment.

Disposition

affirmed