Florida - Improper Comments and/or Participation by the Judge (Jury Trials)
Sep 06, 2011
Florida
Improper Comments or Participation by the Trial Judge (Jury Trials)
The
Evidence Code 90.106, Fla. Stat., specifically states that
A judge may not sum up the evidence or comment to th...
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FLORIDA - Improper Closing Arguments by Dana E. Quigley, Esq.
Sep 06, 2011
FLORIDA IMPROPER CLOSING ARGUMENTS
by Dana E. Quigley, Esq.
It is improper for counsel
during closing argumentsand at other times during the trialto denigrate the
defense, discuss financi...
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Florida - The Essential Pleading and Proof Elements for Rescission
Sep 06, 2011
FLORIDA
THE ESSENTIAL
PLEADING AND
PROOF ELEMENTS
OF RESCISSION
In order to state a cause of action for
rescission, the following elements must pled in the Complaint:
(1) character
or rela...
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FLORIDA CONSTRUCTIVE TRUSTS AND JOINT BANK ACCOUNTS by Dana E. Quigley, Esq.
Sep 06, 2011
FLORIDA
CONSTRUCTIVE TRUSTS AND JOINT BANK ACCOUNTS
It is a fundamental tenet
of law that the utility of a constructive trust is when it is raised by equity
with respect to property which has b...
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Florida - The Essential Pleading and Proof Elements of Injunctive Relief
Sep 06, 2011
THE ESSENTIAL PLEADING AND PROOF ELEMENTS THAT MUST BE PRESENT IN THE COMMERCIAL / BUSINESS LITIGATION INJUNCTIVE RELIEF SETTING (NOT DOMESTIC VIOLENCE)
The
Florida Supreme Court in Provident
Mana...
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Florida - Oral Contracts to Make a Written Contract and the Statute of Frauds
Sep 06, 2011
ORAL CONTRACTS TO MAKE A
WRITTEN CONTRACT
AND THE STATUTE OF
FRAUDS
The
Florida law regarding oral contracts is found in Jacksonville Port Authority v. W.R. Johnson
Enterprises, Inc., 624 So.2d 3...
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Florida - Sample Public Records Request Letter
Sep 06, 2011
Date
Attn: Records Custodian
Florida Agency or
Political Subdivision you are
seeking
records from in your public records
request
Public Records
Request
Dear Records Custodian:
This
...
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Florida - The Court's Consideration of a Motion to Dismiss - Generally
Sep 06, 2011
Motions
to Dismiss Generally
A motion to dismiss for failure to state a
cause of action should allege that the pleading in question fails to adequately
state any legal recognizable cause of actio...
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Florida – Moving with Minor Children (Locally less than 50 miles) by Dana E. Quigley, Esq.
Sep 05, 2011
Moving with Minor Children (Locally less than 50 miles)
Unless you have an agreement with the other parent or there
is an order or judgment prohibiting you from moving locally, you are permitted to mo...
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Florida – Modification of Timesharing (Visitation) and Parental Responsibility by Dana E. Quigley, E
Sep 05, 2011
A frequent question in Florida is what does the trial
court consider in modifying a timesharing (visitation), parenting plan, or parental
responsibility in the state of Florida. Florida Chapter 61 off...
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