Pleading Subject Matter Jurisdiction – Consistency with Exhibits

subject matter jurisdiction florida

The circuit courts of Florida have subject matter jurisdiction over actions at law in which the matter in controversy exceeds $ 15,000, exclusive of interest, costs, and attorney’s fees. See Art. V, § 20(c)(3), Fla. Const.; §§ 26.012(2)(a), 34.01(1)(c)4., Fla. Stat. (2003). In determining whether the trial court’s jurisdiction was properly invoked, the controlling standard … Read more

Failing to Perform Contract Promise is Not Fraudulent Inducement

Florida Law is well settled that a contractual promise not performed is not tantamount to fraud. As a general rule, fraud cannot be predicated upon a mere promise not performed.  Alexander/Davis Properties, Inc. v. Graham, 397 So.2d 699, 706 (Fla. 4th DCA 1981), petition for review denied, 408 So.2d 1093 (Fla. 1981).  Moreover, to cross … Read more

Setting Default Interest Rates and Post-Judgment Interest Under Florida Law

florida judgment interest law

Fla. Stat. § 55.03 sets a statutory interest rate for post-judgment interest in Florida. The interest rate set by statute is compensatory, but lower than both average consumer debt, and prevailing credit card rates for creditworthy individuals. Certainly, a judgment should carry a higher interest rate to incentivize the payment of such judgment by the judgment debtor … Read more

Florida Law Making: Moving from Idea to Law

Florida law

Idea A citizen, group, or legislator has an idea for a new law. A Representative then decides that the idea should be a bill. House Bill Drafted The Representative (also called a member) contacts House Bill Drafting Services and requests a bill to be drafted. The member may provide very detailed instructions or just the … Read more

Oral Loans: When does the Statute of Limitations Begin to Run?

Statute of Limitations Florida Law

Loan money a long time ago and never get paid back? Never ask for the money back? If you answered yes to both questions, you may still have a case. When does the limitations period begins to run on an oral loan that either does not contain repayment terms or is payable on demand? Section 95.11(3)(k), Florida … Read more

Florida Bar/Florida Association of Realtors Form Contracts “As-Is” v. Inspection (Standard) Form Contracts

Florida Bar/Florida Association of Realtors Form Contracts “As-Is” v. Inspection (Standard) Form Contracts. What is the difference? What should you use? AS-IS CONTRACT INSPECTION PROVISION AS IS Residential Contract For Sale And Purchase   STANDARD INSPECTION REPAIR PROVISIONS  Residential Contract For Sale And Purchase Commonalities Both forms give Buyer rights to inspect The different forms … Read more

Criminal Defense: Confrontation Clause of Sixth Amendment Under Florida Law

The Sixth Amendment right of confrontation provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” U.S. Const. amend. VI. The United States Supreme Court has held that a hearsay statement offered against the defendant violates this constitutional right if (1) the … Read more

Quick Answers on Florida Criminal Defense: UNINFORMED HIV INFECTED SEXUAL INTERCOURSE

Florida Law Quick Answers

This article is a Quick Answer Page on Florida Criminal Defense on UNINFORMED HIV INFECTED SEXUAL INTERCOURSE, provided by Andrew Douglas, P.A. What is the charge or crime of UNINFORMED HIV INFECTED SEXUAL INTERCOURSE in Florida? How does the State Attorney/Government/ Prosecution/Police prove the crime of UNINFORMED HIV INFECTED SEXUAL INTERCOURSE in Florida? What are … Read more

Quick Answers on Florida Law: Intentional Infliction of Emotional Distress, Andrew Douglas, P.A.

Florida Law Quick Answers

This article is a Quick Answer Page on Intentional Infliction of Emotional Distress, provided by Andrew Douglas, P.A. What is Intentional Infliction of Emotional Distress in Florida? How do I prove an Intentional Infliction of Emotional Distress claim in Florida? What are the elements of a claim for Intentional Infliction of Emotional Distress in Florida? … Read more