I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
If you did not get all of the information you may have wanted or the law does not help your situation, PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
I cited two elements in my response that applied:
(1) FL Statutes §95.031(1): “A cause of action accrues when the last element constituting the cause occurs,” and
(2) FL Statutes §95.031(2)(a): “An action founded upon fraud under s. 95.11(3), including constructive fraud, must be begun within the period prescribed in this chapter, with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, instead of running from any date prescribed elsewhere in s. 95.11(3).”
I showed up at the 30 minute hearing with a court reporter, but the judge said nothing in his ruling, and in fact dismissed us all and put it in a simple written ruling he mailed later that day. So I guess the question is, if I was thorough in my response, as I believe I was, to what end "might" I get him to reconsider, and would I be looking a gift horse in the mouth since the most valuable count (5 year SOL), Civil Theft was left intact?
I might add one question to your reply on this, and that is how strong is proving Civil Theft by itself, when the elements leading to it (Fraud and breach of contract) have been set aside by SOL?
The civil theft count was made possible only by the fraudulent deception to hide the activity of a lien. So with the counts pertaining to the fraudulent activity set aside, is the civil theft count weakened, or can it stand on its own, hypothetically speaking.
I should also add that the breach of contract was oral, which of course the defense is denying the existence of, and only circumstantial evidence can support, which may not meet the burden of preponderance. (I don't want to presume a jury or judge.) But the fraud is a separate matter not connected to the contractual breach, and has ample evidence to support meeting the burden of proof.
Paul, sorry for delay; working on the Appellate brief for another action you've responded on. FYI, I filed my response and motion for reconsideration on this question, and got a reply denying it (as expected). But I am glad to see your reply here which I forgot I asked you, so that I can proceed on just the Civil Theft issue.Thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).