I am a defendant in a Florida civil law suit and just received an amended complaint that included the following item:
"All conditions precedent to commencement of this action have occurred or have been waved."
A brief search of the Florida Rules of Civil Procedure led me to rule 1.120(c) which states the following: “In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.”
I interpret this to be an exception to what the course teaches us about answers to complaints, because it seems to say that "DENY" is not a good enough answer. Rather I must list all possible ways I will attack their Causes of Action or waive forever my right to do so.
Any thoughts or suggestions?