License

From Florida Legal Wiki

License is an Affirmative Defense recognized by the Florida Rules of Civil Procedure. The defense is apparently rare and the elements have not been precisely set forth by the Florida Courts. It is difficult to discern a distinction between license and the mere denial that the act complained of was in some way wrongful.

The case of Hattaway v. Florida Power & Light Co., 133 So.2d 101 (Fla. 2d DCA 1961) is instructive. "There, the plaintiffs entered into a right-of-way agreement with Florida Power, giving Florida Power an easement on the plaintiffs' property. A Florida Power employee then cleared not only the right-of-way but also part of the plaintiffs' adjoining land. The plaintiffs sued for trespass. The defendants answered by admitting they cut trees on adjoining land, but contending they had a right to do so under the right-of-way agreement.  The court held this was an affirmative defense." Wyman v. Robbins, 513 So.2d 230, 231 (Fla. 1st DCA 1987), citing Hattaway.