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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110442
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I forgot to ask a question Order ID: 164587412-573 if you

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I forgot to ask a question Order ID:###-##-####573 if you can refer to that information.
In 1998 my son and I started a small company where I was the primary investor. In 2006 the company went into a partnership with what turned out to be with financial predators. Our major mistake was giving them financial control of the partnership. There were partnership agreements, but almost on day one they violated vital terms of these agreements and it became obvious they were financial predators and there was nothing we could do without destroying the company. After they started reducing the promised compensation to my son he (and I think he was right) believed they were in default and the partnership should be dissolved. He started taking on new customers and did not report the income and after 2 years they accused him of civil theft. In 2009 they filed a civil theft lawsuit but without our knowledge they also filed a criminal complaint against my son. In 2012 while waiting for them to take action on the civil suit my son was contacted by the DA and they told him he was being charged with embezzlement and grand theft. The police report showed that they told numerous lies; they said they were owners of the company, that my son had been hired as an employee, they did not reveal that my son was a partner, and they did not reveal that a civil theft lawsuit had been filed. Because it had been 3 years the DA was not going to dismiss the charge after they found out the truth regarding these major violations plus many other violations. As a result because my son had incompetent legal support he entered into a plea bargain agreement where he pleaded guilty and was sentenced to pay restitution and probation for 28 years. The plea agreement occurred in April 2013. The conclusion I understood in the previous session is since I was a major investor where I lost $500,000 I could file a civil suit against the predators and accuse them that because they lied to the police and other misinformation they are guilty of Obstruction of Justice which resulted in the original civil theft lawsuit being dismissed. As a result I and other investors lost more than a million dollars and since we were convinced we would have won the civil theft suit we were denied that opportunity. The predators lied in February 2009, they fruit of those lies did not prevail until April 2013 when my son pleaded guilty. If I decide to file a civil suit against the predators only for the purpose of getting a judgement against them so that it mat be used in a post-conviction review am I still within the statue of limitations.
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
FL has a 5 year statute of limitations for breach of contract and fraud regarding the contract, which is the longest statute of limitations. Any other statute of limitations, such as fraud or damage to property would be a 4 year statute of limitations. So if this happened in 2009, legally the statute of limitations under either breach of contract or damage to property, the statute of limitations appears to be expired.

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