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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
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