Laches Under Florida Law
This article provides a brief discussion of the legal doctrine known as laches. “Laches is an omission to assert a right for an unreasonable and unexplained length of time, under circumstances prejudicial to the adverse party.” Ticktin v. Kearin, 807 So. 2d 659, 663 (Fla. 3d DCA 2001). “Laches is a defense requiring proof of lack of diligence by the party against whom the defense is asserted, and prejudice to the party asserting the defense.” Francis v. State, 31 So. 3d 285, 287 (Fla. 4th DCA 2010). “It is an equitable defense, and its applicability depends upon the circumstances of each case.” Ticktin, 807 So. 2d at 663.
“Delay alone in asserting a right does not constitute laches, and the burden is on the party who asserts the doctrine of laches to prove prejudice.” Ticktin, 807 So. 2d at 663 (emphasis added). “In determining whether delay constitutes a bar to a claim, the court must look to whether the delay has resulted in injury, embarrassment or disadvantage to any person, and particularly to the person against whom relief is sought, whether the delay has been such as practically to preclude the court from arriving at a safe conclusion as to the truth of the matters in controversy, and whether, during the delay, there has occurred a change in conditions that would render it inequitable to enforce the right asserted.” Brumby v. Brumby, 647 So. 2d 330, 331 (Fla. 4th DCA 1994).
Generally, for laches to apply, “the defendant must prove: (1) conduct by the defendant that gives rise to the complaint; (2) that the plaintiff had knowledge of the defendant’s conduct and did not assert the opportunity to institute suit; (3) lack of knowledge by the defendant that the plaintiff will assert the right upon which suit is based; and (4) extraordinary injury or prejudice.” Ticktin, 807 So. 2d at 664. “Resolution of a claim of laches often involves factual issues and requires an evidentiary hearing.” Francis, 31 So. 3d at 287 (citation omitted).