Kuchaes v. Suncoast Schools Federal Credit Union

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.…