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Hello adnnxu,
I have been looking into the Florida Statutes something about this corporate denial issue and I cannot find anything related to it yet.
I have not checked at the law library, only on the Internet one.
The only thing that I have found so far that could possibly be connected to that issue is in the Florida Rules of Civil Procedure, rule 1.120:
Florida Rules of Civil Procedure
RULE 1.120 PLEADING SPECIAL MATTERS
(a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by specific negative averment which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
I am not sure either if there is something like the annotated Fla. RCP or something like that in which I could find a decyphering (is that a word?) of the above.
I have seen that in other "States" the wording is not so cumbersome and directly states that "corporate existance is assumed unless rebutted" but I cannot find anything to that avail for Florida.
Do you think the above text can be somehow used to create the affidavit of corporate denial?
Thanks,
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