Perry Law Firm Civil Litigation

Business Records Exception

Generally speaking, Florida omits hearsay evidence unless it falls under one of the acceptable exceptions.  One of those exceptions is the business record.  Here, the business record must pass a 4 prong test, namely: It was made at or near the time of the event recorded, By, or from information transmitted by, a person with […]

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Home Owners Association’s Changes and Statute of Limitations

In Harris v. Aberdeen Prop. Owners Ass’n, Inc., 2013 WL 4436603, a property was subject to a HOA’s governing documents executed and recorded in 2004.  There was a lawsuit over those documents initiated in 2005.  The Plaintiff, Harris, took title to the property in 2006.  Lastly, as a result of the 2005 lawsuit, the HOA reached […]

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Florida Judgment Interest Rates

The Florida Chief Financial Officer has announced that the judgment interest rate will remain at 4.75% beginning July 1, 2013 – http://www.myfloridacfo.com/Division/AA/Vendors/default.htm#.UdGGMTs3u2E.

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Arbitration and Statute of Limitations

The Florida Supreme Court recently decided in Raymond James Financial Services v. Phillips, 2013 WL 2096252, that Florida Statute 95.011’s statute of limitations applies to arbitration proceedings as well. Meaning, potential plaintiffs must initiate their arbitration proceedings within the statutorily specified time periods otherwise their cause may expire.

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New Florida S.C. Decision on the Economic Loss Doctrine

The Florida Supreme Court in Tiara Condominium Association v. Marsh & McLennan Companies recently held that the economic loss doctrine only applies to products liability cases.  What this means going forward is that the door is open to an influx of tort claims accompanying the traditional breach of contract claims.

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Federal Cases Decided on the Merits and Reversal Rates

Erik W. Scharf’s and Wayne R. Atkins’ article “What are my Chances?  Federal Courts of Appeal by the Numbers” was recently published in The Florida Bar Journal Volume 87, No. 1 (January 2013) in which they examine by federal circuit the number of cases decided on the merits as well as the reversal rate of […]

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Florida Judgment Interest Rates

The Florida Chief Financial Officer has announced that the judgment interest rate will remain at 4.75% beginning January 1, 2013 – http://www.myfloridacfo.com/aadir/interest.htm.

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