How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117371
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Paul, this is my seccond attempt at asking a new question,

This answer was rated:

Paul, this is my seccond attempt at asking a new question, so if you already have this, please disregard. I had a six count Tort civil action in Broward County, Florida, on Contractual, Civil Theft and Fraud that I filed on the 4 year anniversary of when I became known of it. Defense successfully got 4 of the 6 counts (4 year SOL) thrown out for SOL, even though I made a detailed good case for when I became known. But the Judge retained the most important (treble damages) Count IV and collusion with another defendant. In his order, he hand wrote "You have 20 days to respond." Can you tell me who that was for (me or defendants) and what did he mean? I mean, what could have a 20 day deadline at this stage of the action? Thanks. Michael
It is that you have 20 days to respond and object to the dismissal of the other counts or you will be barred from raising them again. Thus, you have to file a written objection within the 20 days arguing why the statute of limitations has not expired on those counts with proof you just became aware of the theft and fraud and dismissed counts and argue the statute of limitations runs from the date of discovery and as you just discovered it you would still be within the discovery time. This is what it sounds like from the description you have given above.

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.


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 or beginning your question with “For PaulMJD…”

Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

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?

Fraud is very hard to prove, since you have to prove an intent to defraud and it has to be done by clear and convincing evidence unlike other civil counts which have to be proven by preponderance of the evidence which is a lesser standard.

You do need to object clearly setting forth the elements of fraud in your complaint and breach of contract. To see the elements you have to make sure you covered and alleged in your complaint, use the FL Model Jury Instructions, which is what a court uses to explain the elements of a claim to a jury.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

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.

Theft can be still sustained without fraud as you are only seeking the intent to permanently deprive you and that does not necessarily have to be through fraud.

If you had a written contract, the parol evidence rule forbids changing terms of that contract with an oral statement and a written contract is required.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

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.


Sorry for my delay in responding to you as well, I was out of town with a client. Thank you for your response.
Law Educator, Esq. and other Business Law Specialists are ready to help you

Related Business Law Questions