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Promissory Note Question - Florida - Choice Of Law - Which One Applies?

Orlando, FL |

Promissory note was executed in FL. Borrow lives in FL entire time. In the agreement, it states OH Law will "govern this agreement." FL SOL on promissory note = 5 years. OH = 15 years. This is a huge difference.

From my research on the governing law in Florida, the state of the governing law will apply, unless the Party can demostrate that it contravenes Florida public policy. Can it be argued that OH 15 year SOL is more is 3 times longer than FL SOL so it does contravene FL public policy?

Any similar cases out there?

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Attorney answers 1


I think it is likely a court would enforce the Ohio statute of limitations. The countervailing public policy must be sufficiently important that it outweighs the policy protecting freedom of contract. Further, When determining which law applies to contracts, Florida adheres to lex loci contractus rule, so that contract, if silent on the governing lawis governed by law of place where contract was executed.

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