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Tag: statute-of-limitations

The 120-Day Rule: What You Need to Know

May 18, 2024

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by

Elf

in Florida BAR article

Florida Rule of Civil Procedure 1.070 (j) says that a complaint has to be served on the defendant within 120 days after it’s filed. If not, the case can be dismissed, but the complaint can be filed again if the statute of limitations hasn’t run out. If there’s a good reason why the complaint wasn’t…
You Should Have Called Me Sooner

May 18, 2024

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by

Elf

in Florida BAR article

It’s important to involve an appellate specialist in the early stages of a legal case, even before it goes to trial. They can help with developing legal theories, drafting pleadings, and working on tough legal issues. This can save time and money in the long run. If a case has a potentially difficult legal problem,…
Federal Judgments in Florida Still Good After Five Years

May 18, 2024

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by

Elf

in Florida BAR article

I had lunch with a friend who is a trial lawyer at a small restaurant near a federal courthouse in Jacksonville. He told me that federal judgments in Florida are only valid for five years now. My friend told me about a court case called Balfour Beatty Bahamas, Ltd. v. Bush, where a company was…
Time Waits for No One: The Death of a Litigant

May 18, 2024

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by

Elf

in Florida BAR article

When someone involved in a lawsuit dies, their lawyer and the other side’s lawyer have to deal with a lot of issues. If they don’t handle the situation quickly, they could end up in trouble. If someone involved in a lawsuit dies, the court needs to be informed, and the party’s representative or the other…
The Complaint for a Pure Bill of Discovery: A Living, Breathing, Modern Day Dinosaur?

May 18, 2024

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by

Elf

in Florida BAR article

A pure bill of discovery is an old legal remedy that asks the court to make the other party share information or documents. It’s not used much anymore because modern rules of procedure cover most types of discovery. But sometimes it’s still necessary to use a pure bill of discovery to get the information needed…
Twelve Ways to Avoid a Determination of NICA Compensability in a Medical Malpractice Case

May 18, 2024

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by

Elf

in Florida BAR article

A medical malpractice claim can be very complicated, especially when it involves a baby’s brain injury. It can take a long time to resolve and costs a lot of money. The baby’s family will also suffer emotionally and financially. The damages in these cases are usually very high because the baby may need a lot…
Eliminating IRS Tax Debts, Why Bankruptcy May Be Better Than an OIC to Resolve Your Client’s Tax Debts

May 18, 2024

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by

Elf

in Florida BAR article

The IRS can settle tax debts through an offer in compromise if they think the taxpayer can’t pay the full amount. This can happen if the taxpayer doesn’t have enough money and assets, or if there’s a question about whether the taxpayer actually owes the money. The IRS will look at the taxpayer’s financial situation…
Florida Corporate Income Tax: Reporting of Federal Audit Adjustments

May 18, 2024

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by

Elf

in Florida BAR article

The Florida Corporate Income Tax (FCIT) uses the Internal Revenue Code to figure out how much tax a company owes. If the IRS looks at a company’s taxes and makes changes, the company has to file an amended FCIT return in Florida. There are time limits for when the Florida Department of Revenue can assess…
The IRS and Their Pesky Summonses: A Primer on Enforcement and Common Defenses

May 18, 2024

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by

Elf

in Florida BAR article

The IRS uses summonses to get information from taxpayers and third parties for things like auditing tax returns and collecting taxes. Summonses don’t establish guilt or innocence, they just gather information. The IRS is allowed to issue summonses to taxpayers, witnesses, and third-party recordkeepers. For criminal investigations, the IRS can also issue summonses. Once a…
Minimizing a Personal Representative’s Personal Liability to Pay Taxes, Part II

May 18, 2024

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by

Elf

in Florida BAR article

In Part II of the article, the authors give advice to a personal representative (PR) on how to minimize personal liability for federal and state tax obligations. They recommend filing tax returns for the years before the decedentâs death, gathering and reviewing the decedentâs tax and financial information, and filing necessary forms with the IRS…
Judgment Liens on Real Property: Recent Decision Causes Uncertainty for Title Companies, Bankers, and Lawyers

May 18, 2024

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by

Elf

in Florida BAR article

The Florida Legislature prescribed a 10-year period for judgment liens on real property, with an option to renew for another 10 years. A recent court decision has caused confusion and could affect lenders, title companies, and homeowners. It means old judgment liens that were previously ignored may now cause problems for homeowners trying to refinance…
Full Disclosure: The Unexpected Ambits and Annals of the Adequate Disclosure Doctrine

May 18, 2024

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by

Elf

in Florida BAR article

Florida law favors transparency in the administration of trusts, which means trustees have to regularly update beneficiaries on the trust. Trustees are protected from being sued for breaking the rules as long as they tell the beneficiaries what’s going on with the trust, but it’s not always clear what counts as “adequate disclosure.” Recently, a…
Time Limitations and Court Supervision in Class Actions Under the FLSA and the ADEA

May 18, 2024

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by

Elf

in Florida BAR article

Basically, when someone files a lawsuit, they might think that the time limit for the lawsuit is paused. But for certain laws like the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA), this might not be true. If the lawsuit is on behalf of other people too, the time limit…
Ouellette v. Wal-Mart Stores, Inc., and Florida’s Minimum Wage Law: Are Class Actions for Minimum Wage on Florida’s Horizon?

May 18, 2024

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by

Elf

in Florida BAR article

In 2004, Florida’s voters and the First Circuit Court of Appeal made it easier for workers to sue their employers for not paying them enough money. The court ruled that a group of workers could sue Wal-Mart together, even though each worker had different damages. Around the same time, Florida also changed its constitution to…
Practicing to Deceive: Using the Doctrine of Judicial Estoppel to Untangle the Web in Employment Cases, Part II

May 18, 2024

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by

Elf

in Florida BAR article

This part of the article talks about some important principles of bankruptcy law that affect the application of judicial estoppel. It mentions that not knowing these principles could have serious consequences for the outcome of a case. It also explains the role of trustees in bankruptcy cases, and how they can impact the judicial estoppel…
The Antiterrorism and Effective Death Penalty Act of 1996: A New One-Year Limitation for Filing a Federal Habeas Corpus Petition

May 18, 2024

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by

Elf

in Florida BAR article

In short, the legal firm and attorney mentioned in the article are working on a case involving a big pharmaceutical company. They have gathered evidence and are planning to file a lawsuit on behalf of people who were harmed by the company’s product. This case could lead to a big settlement for the people affected.…
Striking Affirmative Defenses in Government Litigation

May 18, 2024

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by

Elf

in Florida BAR article

In government cases, affirmative defenses are reasons why the government shouldn’t be able to take action against someone. For example, if a government employee gives wrong information to a person’s lawyer, that might not be enough to help the person in a legal case. It can be hard to use certain affirmative defenses in government…
The New Role of Federal Habeas Courts in Guaranteeing the Right to Effective Assistance of Counsel

May 18, 2024

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by

Elf

in Florida BAR article

The general idea is that federal courts don’t have much power to review state court decisions anymore. There are a lot of rules and restrictions that make it really hard for people to get their cases heard in federal court. But there is an exception for claims of having a bad lawyer. If you can…
What is the time limit for collecting a debt?

Mar 7, 2024

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by

Elf

in FAQ

Usually, it is five years from the date the debt is charged off. However, if more than 5 years have passed and you choose to make a payment, the clock restarts and the statute of limitations will be extended for another 5 years.
How much time do I have to submit my complaint (time limit for filing)?

Mar 7, 2024

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by

Elf

in FAQ

The timeframe for submitting a lawsuit depends on the nature of the claims made in the lawsuit. This matter falls under federal and state law, and the clerk’s office is not able to provide legal guidance or determine the specific time you have to file a lawsuit. To determine the deadline, you will need to…
What is the time frame within which the state of Florida can accuse an individual of a crime?

Mar 7, 2024

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by

Elf

in FAQ

The statute of limitations, which is the period allotted for charging an individual with a crime, differs based on the type of offense. For minor misdemeanors, the state has a maximum of two years to file charges. In the case of most felony offenses, it is generally three years. However, for severe crimes such as…
Why should I hire attorneys instead of debt settlement or debt consolidation services?

Mar 7, 2024

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by

Elf

in FAQ

Companies that specialize in debt consolidation and ask about credit card debts of “$10,000 or more” are not legal professionals. They claim to settle your accounts for 40% or less but typically charge a percentage based on your total owed amount. This could amount to thousands of dollars, and they won’t take any action until…
How much time do I have to initiate a Legal Action?

Mar 7, 2024

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by

Elf

in FAQ

The legal system establishes a timeframe known as the “statute of limitations” within which legal actions must be initiated. This period can range from a brief duration to several years. The specific statute of limitations applicable to your case will depend on the nature of your claim, the location where the incident occurred, and the…
How much time do I have to initiate legal proceedings in a slip/trip and fall case?

Mar 7, 2024

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by

Elf

in FAQ

The statute of limitations in Florida for a premise liability case is 4 years.