Election of Remedies PRIOR to Final Judgment

Oftentimes, a plaintiff will plead alternative claims or theories of liability against a defendant(s). Pleading in the alternative is allowed under Florida Rule of Civil Procedure 1.110(g). The plaintiff is entitled to elect--between two mutually exclusive (alternative) remedies--the remedy it prefers any time prior to the entry of final judgment. See Liddle v. A.F. Dozer, Inc., 777 So.2d 421 (Fla. 4th DCA 2001); see also Burr v. Norris, 667 So.2d 424, 426 (Fla. 2d DCA 1996) (“Plaintiffs are also allowed to plead inconsistent or alternative actions and need only elect remedies before final judgment.”) This allows the plaintiff to present...