Prove My Florida Case

 

 

Prove My Florida Case is my blog discussing Florida appellate, evidentiary, and trial issues and perspectives.  This blog focuses on issues that are important to proving YOUR case! 

 

 

Preserving an objection for appeal.  Preserving an objection for appeal.  Preserving an objection for appeal.  Repeat again and again, because this is important.  The lack of preservation of an objection is demonstrated in a criminal trial, Pierre v. Florida,  43 Fla.L.Weekly D1110b (Fla. 4th DCA 2018), which involved man wearing a ski-mask attempting to kill his […]

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Copyright ©  [Preserving an Objection for Appeal], All Right Reserved. 2018.
Author: David Adelstein

Here is a case that may give associations some degree of consternation.  I think it should because it supports permanent injunctive relief against an association to comply with its governing documents when managing or maintaining a surface water management system / stormwater management system.   This case, discussed below, would extend beyond a surface water […]

The post Injunctive Relief + Attorney’s Fees Awarded in Favor of an Owner and Against Her Association appeared first on .



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Copyright ©  [Injunctive Relief + Attorney's Fees Awarded in Favor of an Owner and Against Her Association], All Right Reserved. 2018.
Author: David Adelstein

I recently discussed a doctrine that applies in negligence cases known as the undertaker’s doctrine.  Some may also call this the no good deed goes unpunished doctrine.  Just kidding; but, this undertaker’s doctrine maintains that if you undertake a service, i.e., a good deed, you must do so with reasonable care as you assumed a […]

The post Mid-litigation Monetary Settlement with Co-Defendant appeared first on .



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Copyright ©  [Mid-litigation Monetary Settlement with Co-Defendant], All Right Reserved. 2018.
Author: David Adelstein

Florida’s Uniform Trade Secrets Act is contained in Florida Statutes Chapter 688.  This Act authorizes  courts to take reasonable steps to preserve the confidentiality of trade secrets including ordering injunctive relief to prevent a party (such as a former employee) from misappropriating trade secrets.  Norton v. American LED Technology, Inc., 43 Fla.L.Weekly D951a (Fla. 1st DCA […]

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Copyright ©  [Florida's Uniform Trade Secrets Act cannot be used to Restrict Competition], All Right Reserved. 2018.
Author: David Adelstein

Juries do not always award huge jury verdicts in favor of plaintiffs in personal injury actions.  Sure, sometimes they definitely do.  But it is also true that sometimes they do not.  Juries can find that the (i) defendant was not liable, (ii) the plaintiff was comparatively liable, or (iii) that the plaintiff’s damages were relatively […]

The post A New Trial is Not Automatically Warranted when Jury Renders what a Plaintiff Perceives to be an Inadequate Jury Verdict appeared first on .



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Copyright ©  [A New Trial is Not Automatically Warranted when Jury Renders what a Plaintiff Perceives to be an Inadequate Jury Verdict], All Right Reserved. 2018.
Author: David Adelstein

I recently wrote an article how there are times when a party is seeking reimbursement for solely economic losses, their best recourse is an equitable subrogation claim.   The article also discusses the application of equitable subrogation dealing with an actual fact pattern. Equitable subrogation, you say?  In an equitable subrogation claim, a party pays […]

The post Summary Judgment Entered in Favor of Defendant on Equitable Subrogation Claim appeared first on .



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Copyright ©  [Summary Judgment Entered in Favor of Defendant on Equitable Subrogation Claim], All Right Reserved. 2018.
Author: David Adelstein

Lawyers get it.  Generally, people do not like to spend money on lawyers.  There are certainly exceptions where clients value the relationship with a lawyer knowing that the services provided and advice given is worth the fees.  Ideally, this should be the sentiment from anyone that feels they need a lawyer, even if the advice […]

The post Attorney’s Fee Arrangements can be Creative or Innovative appeared first on .



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Copyright ©  [Attorney's Fee Arrangements can be Creative or Innovative], All Right Reserved. 2018.
Author: David Adelstein

If you have read prior articles, you know what a motion for directed verdict is and that it is routinely moved for in jury trials, as it should be.  It is also not a motion commonly granted.  But, this does not mean there are no appellate rights if a court denies a motion for directed […]

The post Directed Verdict Warranted if Jury Needs to Stack Inferences to Determine Negligence appeared first on .



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Copyright ©  [Directed Verdict Warranted if Jury Needs to Stack Inferences to Determine Negligence], All Right Reserved. 2018.
Author: David Adelstein

If you have a dispute, one of the first considerations should be “where do I sue?” If the dispute may arise out of or relate to a contract, you want to look at your contract.  Many contracts contain forum selection or venue provisions identifying the exclusive venue governing your dispute.  For instance, the provision may […]

The post Forum Selection / Venue Provisions in Contracts are Enforceable appeared first on .



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Copyright ©  [Forum Selection / Venue Provisions in Contracts are Enforceable], All Right Reserved. 2018.
Author: David Adelstein

Lawsuits oftentimes involve multiple parties.  This could include multiple defendants or third-party defendants, whatever the case may be.  During the course of the dispute, there are avenues for settlement.  With a multi-party dispute, sometimes the stars are aligned where a favorable global settlement works out.  Sometimes, a party needs to settle with some, but not […]

The post Set-Off when Entering into Settlements in Multi-Party Disputes appeared first on .



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Copyright ©  [Set-Off when Entering into Settlements in Multi-Party Disputes], All Right Reserved. 2018.
Author: David Adelstein

There is a Florida statute not universally known called the “Bert J. Harris, Jr., Private Property Rights Protection Act” and oftentimes called the “Harris Act” for ease of reference.   The Harris Act is embodied in Florida Statute s. 70.001 (found here) and it deals with the protection of private property rights.  More specifically, it […]

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Copyright ©  [The Not Widely Known Harris Act: Protection of Private Property Rights], All Right Reserved. 2018.
Author: David Adelstein

Analogous to a motion for directed verdict in a jury trial, in a nonjury bench trial decided by a judge, a defendant can move for an involuntary dismissal after the plaintiff (party introducing evidence in favor of affirmative relief) puts on his/her case.  This is a common motion after the plaintiff in a bench trial […]

The post Moving for an Involuntary Dismissal in a Nonjury Bench Trial appeared first on .



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Copyright ©  [Moving for an Involuntary Dismissal in a Nonjury Bench Trial], All Right Reserved. 2018.
Author: David Adelstein

“But he did NOT have the authority….”   This is the beginning of a sentence that does not start well.   Agents have the authority to bind their principal.  “Even where there is no express agent/principal relationship, a principal may be bound by the acts of an agent acting with apparent authority.”  Clayton v. Poggendorf, 43 Fla.L.Weekly […]

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Copyright ©  [Yes, There is Such a Thing Called Apparent Authority], All Right Reserved. 2018.
Author: David Adelstein

A defamation per se action opens the door for punitive damages even if actual damages cannot be shown or proven.  Lawnwood Medical Center, Inc. v. Sadow, 43 So.3d 710, 729 (Fla. 4th DCA 2010).   This is because malice is presumed and, thus, the statements are presumed harmful as a matter of law.  Id.  However, “proof […]

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Copyright ©  [Defamation Per Se Opens Door for Punitive Damages], All Right Reserved. 2018.
Author: David Adelstein

I use expert witnesses in many cases.  Many.  Experts are an important part of cases, particularly complicated disputes where an expert opinion is absolutely warranted.  But, as I have discussed in prior articles, an expert’s opinion needs to have a foundation of reliability, which is governed by the Daubert standard.  Without ensuring that an expert’s […]

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Copyright ©  [Make Sure Your Expert's Opinion is Reliable], All Right Reserved. 2018.
Author: David Adelstein

There are times where (potential) judgment debtors try to be way to crafty.  And, guess what, it doesn’t always work!  A recent case exemplifies this point. In DeJesus v. A.M.J.R.K. Corp., 43 Fla. L. Weekly D331a (Fla. 2d DCA 2017), a plaintiff sued a defendant corporation in a personal injury action.  During the litigation, the […]

The post Homestead Protection does Not Attach to Corporation (as Judgment Debtor Found Out!) appeared first on .



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Copyright ©  [Homestead Protection does Not Attach to Corporation (as Judgment Debtor Found Out!)], All Right Reserved. 2018.
Author: David Adelstein

Requests for Admissions are one of my favorite discovery tools in litigation. Requests for Admissions are designed to narrow the disputed facts by requiring the recipient of the request to admit or deny the requested fact. These should be served with the objective of having the recipient admit the requested fact.   If the recipient does […]

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Copyright ©  [Requests for Admissions as a Discovery Tool], All Right Reserved. 2018.
Author: David Adelstein

I recently talked about the burden of proof when it comes to an all-risk property insurance policy.  This article is important for insureds that have a property insurance claim and are dealing with certain insurance coverage issues with their property insurer. The case at-issue discussed in the article dealt with an appeal of the jury […]

The post Quick Note: Appeal of Jury Instructions with Wrong Burden of Proof appeared first on .



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Copyright ©  [Quick Note: Appeal of Jury Instructions with Wrong Burden of Proof], All Right Reserved. 2018.
Author: David Adelstein

One affirmative defense to a breach of contract claim is the defense known as “unilateral mistake.” This is not an easy defense to prove and the party asserting this as a defense has the burden to prove it. Under this defense, the argument is that the contract cannot be enforced because there was a unilateral […]

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Copyright ©  [Proving Defense of Unilateral Mistake], All Right Reserved. 2018.
Author: David Adelstein

When it comes to pursuing a claim against a public body in Florida, you need to consider the application of sovereign immunity. This stands for the premise that the “king can do no wrong.”  Sovereign immunity is an important issue and will dictate the types of claims you pursue against a public body, whether you […]

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Copyright ©  [Public Body is Afforded Sovereign Immunity], All Right Reserved. 2018.
Author: David Adelstein