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Confession of Judgment Doctrine “[I]t is well settled that the payment of a previously denied claim following the initiation of an action for recovery, but
A Destin property owner went into default on their condo. The bank forwarded a standard two-(2) count complaint to foreclose on the note and a
The dangerous instrumentality doctrine is a creation of Florida jurisprudence and decisional law. The doctrine recognizes the importance of extending liability and insurance coverage for
The defense of “statute of limitations” is one of the enumerated affirmative defenses under Florida Rule of Civil Procedure 1.110(d), which must be affirmatively set
Yes….maybe. Florida Courts, however, take a “case-by-case approach,” so the more appropriate answer is “it depends on the facts and the lease. A recent case
Fabre v. Marin, 623 So. 2d 1182, 1183 (Fla. 1993) established that a defendant may reduce its responsibility by the degree of negligence of a
The State of Florida vs. Michell Espinoza Third DCA: 3D16-1860 Lower Tribunal No. 14-2923 Https://Www.3dca.Flcourts.Org/Content/Download/466883/5118436/File/3D16-1860.Pdf
…..a trap for the unwary. Waiver has been defined “as the voluntary and intentional relinquishment of aknown right or conduct which implies the voluntary and intentional relinquishment of a known right.” Raymond James Fin. Servs., Inc.
Fla. Stat. § 90.803(6), Florida Evidence Code, an exception to the prohibition on hearsay because such documents have high reliability arsing from a business incentive
In addition to the ordinary elements of negligence, in a premises liability claim, elements to be proven by the plaintiff “include the defendant’s possession or