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! 

 

 

Moving for appellate attorney’s fees? If you do, make sure you TIMELY file a motion!  Appeals take time…in many instances, lots of time…and if there is a basis to recover attorney’s fees, you want to make sure a motion is timely filed and supported by a contractual or statutory basis. Florida Rule of Appellate Procedure […]

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Copyright ©  [Timely Move for Appellate Attorney's Fees (if You have a Basis!)], All Right Reserved. 2017.
Author: David Adelstein

Seller’s Remorse? We all have experienced buyer’s remorse in some fashion, but what about seller’s remorse? Perhaps talked about less than buyer’s remorse, but sellers can have regrets too.   This, however, does not mean that a seller’s remorse can go consequence-free, particularly when the seller backs out of a deal or sabotages the deal because […]

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Copyright ©  [Seller's Remorse can have Consequences, Particularly when the Seller Acts in Bad Faith], All Right Reserved. 2017.
Author: David Adelstein

Business relationships are important.  It is all about relationships in all walks of life!  What if someone interferes with your business relationship?  What if that interference is intentional or unjustifiable? There is a cause of action known as tortious interference with a business relationship. Monco Enterprises, Inc. v. Ziebart Corp., 673 So.2d 491 (Fla. 1st […]

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Copyright ©  [Cause of Action for Tortious Interference with a Business Relationship], All Right Reserved. 2017.
Author: David Adelstein

Woo-hoo! I got a real good J-O-B! Great pay. Great benefits. Great location. Doing what I want to be doing with my skillset. My new employer wants me to sign an employment agreement, but I have signed such agreements in the past, so this is no big deal. Or, is it a big deal? There […]

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Copyright ©  [Restrictive Language in Employment Agreement], All Right Reserved. 2017.
Author: David Adelstein

There is the sentiment that parties can say and do whatever they want in a judicial proceeding and all actions will be exempt and immune under a litigation privilege. Such sentiment is misguided. There are consequences for malicious / bad faith conduct and statements that cause damage to the adverse party including a claim for malicious prosecution.   […]

The post Malicious Prosecution Arising from Judicial Proceedings–There are Consequences appeared first on .



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Copyright ©  [Malicious Prosecution Arising from Judicial Proceedings--There are Consequences], All Right Reserved. 2017.
Author: David Adelstein

A motion for summary judgment is a dispositive motion that is popularly filed before trial. However, it is a motion that is denied far more than it is granted because of the burden imposed on the party moving for summary judgment in order to prevail on the motion.   “Summary judgment is appropriate ‘if the pleadings, […]

The post Motion for Summary Judgment – No Genuine Issue of Material Fact appeared first on .



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Copyright ©  [Motion for Summary Judgment - No Genuine Issue of Material Fact], All Right Reserved. 2017.
Author: David Adelstein

Claims for fraudulent inducement and fraudulent misrepresentation are claims that are oftentimes pled despite there being a contract being the parties. Besides these claims being fact-based and challenging to prove in certain instances, they are harder when there is a contract between the parties. Fraud is only actionable if it is separate and distinct from […]

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Copyright ©  [Fraud in the Performance of a Contract], All Right Reserved. 2017.
Author: David Adelstein

If you have perused this blog, then you know if there is a new case discussing the business records exception to the hearsay rule, I am writing about it.   The reason being is that it comes up in many business disputes. Lately, there has been a trend where this business records exception comes up in […]

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Copyright ©  [Admitting a Business Record Under the Hearsay Exception], All Right Reserved. 2017.
Author: David Adelstein

Restrictive covenants are to be strictly construed.   Restrictive covenants show up in Declarations or Covenants recorded in the public records that restrict a landowner’s (or unit owner’s) use to do something with his/her property.   Just keep in mind that a restrictive covenant will be strictly construed in favor of the landowner. See Leamer v. White, […]

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Copyright ©  [Strict Construction of Restrictive Covenants], All Right Reserved. 2017.
Author: David Adelstein

Depositions are an integral part of a dispute’s “truth seeking” discovery process. This is where parties can depose a witness under oath and explore key factual issues and parties’ positions, both from a liability and damages perspective.   Certain depositions can be introduced for purposes of substantive evidence at trial.   Other depositions can be used for […]

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Copyright ©  [Denial of Right to Depose Material Witness], All Right Reserved. 2017.
Author: David Adelstein

Recovering attorney’s fees is a vital component of many claims. Parties that have a contractual or statutory basis to recover attorney’s fees want to know they will get a judgment for reasonable attorney’s fees if they prevail in the underlying action.   This oftentimes results in litigating the amount of fees. There is authority that when parties […]

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Copyright ©  [Litigating the Amount of Contractual Attorney's Fees], All Right Reserved. 2017.
Author: David Adelstein

Corporate representative depositions play an important role in the discovery of any dispute involving a corporate party. A corporate representative deposition requires the corporate representative to speak on behalf of the company – they are not speaking based on their personal knowledge, but as to the company’s position regarding designated topics. In fact, the designated […]

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Copyright ©  [Designating a Representative(s) to Serve as the Corporate Representative for Deposition], All Right Reserved. 2017.
Author: David Adelstein

Punitive damages can be warranted in business torts, although you are dealing with a much tougher threshold. Typically, the misconduct warranting the punitive damages needs to be intentional, i.e., the defendant had knowledge of the wrongfulness of the conduct and its high probability of damage and engaged in the misconduct anyway. See Fla. Stat. 768.72. […]

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Copyright ©  [Punitive Damages for Business Torts], All Right Reserved. 2017.
Author: David Adelstein

Just because you have an agreement to arbitrate does not necessarily mean that every conceivable claim, including those unrelated to the agreement, are subject to arbitration.   For instance, if there are separate agreements—one with an arbitration clause and another without—does not mean that a claim related to the agreement without an arbitration clause will be […]

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Copyright ©  [Significant Relationship between Claim and Agreement to Arbitrate], All Right Reserved. 2017.
Author: David Adelstein

Are you interested in learning more about innovative attorney’s fee arrangements that provide value to your business and are outside of the boring, traditional hourly billing model.  If so, check out my ebook on Innovative Attorney’s Fee Arrangements:  Providing Value To YOUR Business Objectives.   You can also check out this ebook for Nook.      […]

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Copyright ©  [Ebook: Innovative Attorney's Fee Arrangements - Providing Value To YOUR Business Objectives], All Right Reserved. 2017.
Author: David Adelstein

There are numerous employers that want employees to sign a non-compete, non-disclosure, and non-solicitation agreement (collectively, the “non-compete agreement”).   For good reason, they don’t want to train employees to learn the business’ trade secrets and business practices (e.g., marking strategies, pricing, techniques, customer lists, etc.) only to then compete with the employer and solicit its […]

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Copyright ©  [Enforcing Non-Compete Agreement with Injunctive Relief], All Right Reserved. 2017.
Author: David Adelstein

Do you live in a condominium or in a homeowner’s association? If so, then you know you are governed by a Declaration of Condominium (in the case of condominium unit ownership) or a Declaration of Covenants (in the case of home ownership).   Please review these in addition to any amendments that may modify any of […]

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Copyright ©  [Strict Construction of Condominium and Homeowner Association's Declarations], All Right Reserved. 2017.
Author: David Adelstein

Insurance coverage disputes are fairly common between an insured and his/her/its insurer.   These are important disputes to an insured, particularly when they have been damaged and their insurer refuses to defend them from a third-party claim or otherwise denies coverage. An insured never wants to be in this position—understandably so. On the other hand, an […]

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Copyright ©  [Insurance Coverage Disputes where the Focus is the Policy Language], All Right Reserved. 2017.
Author: David Adelstein

  I believe in the process of mediation for all disputes, particularly complicated factual business disputes.   I use the word “process” because that is what mediation really is – a series of actions to achieve a particular end. Mediation can be a tiring process. A frustrating process. An informative process. A continuing process. A result […]

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Copyright ©  [Don't Neglect Mediation!], All Right Reserved. 2017.
Author: David Adelstein

A money judgment is entered against you, but you are going to appeal. Can the collection of the money judgment be stayed pending appellate review? Yes. Florida Rule of Appellate Procedure 9.310 provides in material portion: (a) Application. Except as provided by general law and in subdivision (b) of this rule, a party seeking to […]

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Author: David Adelstein