Hello,I have lived off shore for the last 10 years and lost my previous wife to cancer at a young age. Some 4 years ago my current wife of 10 years who up until that time was happily married to me received an email from my former sister in law that was nothing but derogatory and malicious regarding me with nothing but false claims, personal attacks and defamation of character towards me..This is a very convoluted case that has many twists and turns but essentially my wife who is a Chinese national understood very little of her claims in terms of American legality not understanding our system and her need to be accurate in her claims so she only took them personally and was very distraught for some weeks after and I had no idea why? One of the primary claims, but not the most serious, my former sister in law made was that I was supposedly seeking a divorce from my current wife (absolutely not a thought at the time) and she was very depressed not understanding why in her mind I was divorcing her for no apparent reason and it took quite some prodding on my part to understand her sudden on set depression, being Asian she does not open up so easily, bad things are often internalized and endured as it were. after weeks of lost intimacy without understanding, it finally came to a head and she opened up in a moment of emotionally agonizing exchange.I suddenly found myself reliving all of my past stresses & defending my character against this and many other personally damaging falsehoods all of which was either unfounded rumor or complete conjecture regarding my previous relationship and marriage to her sister, several inaccurate and damaging financial claims as well..I'm not writing to ask if I have a case for harassment and defamation I most definitely do and all of the counter proof to back it up. I'm writing to ask about the statue of limitations regarding the Internet and being out of country unable to file in normal time.Our relationship was all down hill from that point, the trust had been undermined regardless of attempts to recover it over the 2.5 years following the emails, now the mails have become a self fulfilling prophecy finally causing the ultimate downfall of our marriage and normally that would be bad enough but as I said I'm offshore and we have 2 young boys and I have not been employed for years without savings being unable to locate employment here but unable to leave.My wife is a good mother to her children and wife to me but her pain is obviously overwhelming so we have been amicably separated for about 1.5 years now trying in vain to recover what's been vindictively damaged by this serious intrusion and she has been supporting us while we (myself and our 2 boys) save enough to move back to the states which is now coming up hopefully in October this year. It has also been necessary to remain married for the purposes of our visa but just prior to our departure we intend to divorce and therein lies my question. Upon our return I fully intend to sue my former sister in law for this serious and vindictive sabotaging of my character, marriage and the damage it has done to our 2 children as well but I'm running up against the statue of limitations as I understand them though there are obviously extenuating circumstances in this case which I believe fall under the "discovery" rule. Can you please advise accordingly I believe the emails originated from one of 2 places either Florida or Maryland if that has any influence. Regards, XXXXX XXXXX father..
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am very sorry for your situation. Assuming that you wish to sue her for intentional infliction of emotional distress (which is the most closely-related cause of action in regards XXXXX XXXXX matter), then it would depends where she is residing.If she is residing in Florida, then you may file a suit four years from the time the action accrues. Florida Statute 95.11.If she is residing in Maryland, then you may file a suit three years from the time the action accrues. Md. Code, Courts and Judicial Proceedings (CJ), § 5-101.It matters not that you have been outside the country for this time - the matter is not tolled (paused) for statute of limitations, I am afraid.I wish you luck in this and all your other endeavors.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
Ok so I know for certain they have a residence in Florida and am presuming that is where the mail was sent from. But how to know for certain? Is it even necessary under the circumstances?
But how to know for certain? Is it even necessary under the circumstances?No, it is not. Because they live in Florida, then the jurisdiction for action is there under Fla. Stat. § 48.193.So it is not necessary - we know that Florida is the sure jurisdiction.'m a but confused about one thing as well. When you say "action" is that in reference to her damaging email or to the final injury to our marriage?Well, this depends. Intentional infliction of emotional distress can be all her actions within four years.Note there is evidence of long term harassment previously un-provable until this event occurred that will now be able to come out so I'm intending to include character defamation and libel in the suit as well as I'm fairly certain it also falls under that definition.Under Florida law, the elements of a defamation claim are: the defendant published a false statement; about the plaintiff; to a third party; and the falsity of the statement caused injury to the plaintiff. Border Collie Rescue v. Ryan, 418 F.Supp.2d 1330, 1348 (M.D.Fla. 2006).Florida's statute of limitations for defamation is two years, however, from the time of action. See Fla. Stat. § 95.11(4)(g).I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
Ok my wife is the third party involved so that does apply, but as you say the statute of limitations has for all intents and purposes now expired on that angle but I'm understanding that I can still sue under intentional infliction of emotional distress as she was called on her original false email claims by my wife after finally informing me of the mail receipt but the sister in laws response was only patornizing in an insincere apology that led into a continued tirade of additional false character bashing and then unloaded on my current wife as well, (someone she has abosultely no knowledge of and of whom was just rightfully defending her husband of 7 years at the time and whom she knows much better then the ex sister in law.
This is very subjective. I want to say "yes," but you have to basically have to show that all the elements for intentional infliction of emotional distress happened in said four years prior to filing. They are: (a) deliberate or reckless infliction of mental suffering; (b) outrageous conduct; (c) the conduct must have caused the emotional distress; and (d) the distress must be severe.Dependable Life Ins. Co. v. Harris, 510 So. 2d 985 - Fla: Dist. Court of Appeals, 5th Dist. 1987.If this fits, then you have a case. Sounds like it may.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
Thank you Ely for your complete and informative answers, first let me apologize for my previous misspells I overlooked. You have inspired some renewed hope for me and my family to gain some justice over these heartless, uncaring and pompous people who were as much a cancer and key to my previous wifes death as the literal cancer that ultimately consumed her presence but not her spirit.. When taking into account the cultural differences, societal and legal understanding with my current wife being Chinese one has to understand how detrimental such an attack would be. BotXXXXX XXXXXne is it'll never go to court as the evidence is overwhelming and to prove the case would require an entire outing of facts of the character and crass behavior of the defendants which they'd rather not be public through it's exposure, cockroaches don't like bright light..
Thank you Ely for your complete and informative answers, first let me apologize for my previous misspells I overlooked.You are very welcome and no worries.I sincerely XXXXX XXXXX spirit has guided me to this end due to the treatment they gave us both during her illness. She had a real rude awakening about her family in her worst times of need and what was really important in one's life and it wasn't materialistic..I wish you luck in this endeavor. Know that you have to show serious cruelty here - simply sending emails back and forth may not be enough (it is the jury's decision in the end, of course).Again, good luck, and please don't forget to press rate my answer in one of top three faces – it is the only way I get credit for my time with you (or reply to chat more).
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