the deed conveying the property to Mr. Dori failed to sufficiently identify the property because the deed omitted the recording information regarding the declaration of condominium. A. The trial court erred by dismissing the foreclosure claim based on an unpled affirmative defense We begin our analysis by specifically noting that Mr. Dori never pled the deed’s purported deficiency as an affirmative defense. It is well-settled law in Florida that affirmative defenses not raised are waived. See Fla. R. Civ. P. 1.140(b) (providing that “[ejvery defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading ... [and] [a]ny ground not stated shall be deemed to be waived ....”); S. Mgmt. & Dev., L.P. v. Gardner, 992 So.2d 919, 920 (Fla. 4th DCA 2008) (<HOLDING>); Boca Golf View, Ltd. v. Hughes Hall, Inc.,
recognizing that the statute of limitations provision of the aedpa is an affirmative defenses rather than jurisdictional holding that affirmative defenses are waived if not pled holding that qualified immunity is an affirmative defense that must be pled by the official who claims it holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion recognizing that mes judicata and collateral estoppel are affirmative defenses that ordinarily must be pled in an answer or similar pleading