Fla. Fam. L. R. P. 12.120

RULE 12.120

PLEADING SPECIAL MATTERS

(a) Capacity. Unless required by statute, it is not necessary

to allege 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. The initial pleading served on behalf of a minor party must

specifically allege the age of the minor party. 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 must do so by

specific negative allegation(s) which must include such supporting

particulars as are peculiarly within the pleader’s knowledge.

(b) Fraud; Mistake; Condition of the Mind. In all

allegations of fraud or mistake, the circumstances constituting

fraud or mistake must be stated with such particularity as the

circumstances may permit. Malice, intent, knowledge, mental

attitude, and other condition of mind of a person may be alleged

generally.

(c) Conditions Precedent. In pleading the performance or

occurrence of conditions precedent, it is sufficient to allege

generally that all conditions precedent have been performed or have

occurred. A denial of performance or occurrence must be made

specifically and with particularity.

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(d) Official Document or Act. In pleading an official

document or official act it is sufficient to allege that the document

was issued or the act done in compliance with law.

(e) Judgment or Decree. In pleading a judgment or decree

of a domestic or foreign court, a judicial or quasi-judicial tribunal,

or a board or officer, it is sufficient to allege the judgment or decree

without setting forth matter showing jurisdiction to render it.

(f) Time and Place. For the purpose of testing the

sufficiency of a pleading, allegations of time and place are material

and must be considered like all other allegations of material matter.

(g) Special Damage. When items of special damage are

claimed, they must be specifically stated.