Florida’s Statute of Frauds- Performance of Non-Written/Oral Contracts

Non-Compete Agreement

One of the first things an attorney thinks about when defending claims based on oral contracts is whether such claims are barred by the Statute of Frauds. The State of Frauds is a common law defense which has been incorporated into statute in Florida. Traditionally, the Statute of Frauds requires a signed writing in the … Read more

Florida Joint Accounts – Equal Access with Equal Ownership

Joint accounts are common but most people do not understand the rights of each named account owner. While the titling of joint accounts will determine who may access such accounts from the bank’s perspective (with the use of an “and” or “or” designation, requiring both or just one owner to access, respectively), ownership is not … Read more

Florida’s Civil Theft Statute – A powerful addition to a claim for theft/conversion.

Florida’s Civil Theft Statute is a powerful tool to recover  damages for theft and theft related civil actions which enables the Plaintiffs to seek attorney’s fees and treble (triple) damages.  However, there are some nuances in Florida Law which should be reviewed before filing an action for Civil Theft. First, the economic loss doctrine is generally a … Read more

Federal Civil RICO Violations- Open and Closed Ended Continuity

The Federal Civil RICO statute is a very powerful tool that can provide a litigant Federal Question Jurisdiction and the ability to recover treble damages and attorneys’ fees when otherwise unavailable. However, a major hurdle to successfully pleading and prosecuting a civil RICO claim is making sure that the facts support a showing of the … Read more

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