Misc.

THE THREE REQUIREMENTS OF ESTABLISHING BUSINESS RECORDS

By: Richard E. Guttentag, Esq. and David B. Stearns, Esq., Stearns, Roberts & Guttentag, LLC No matter how large or small, most businesses create “business records”. Under the rules of evidence, the term “business records” has a specific meaning and purpose. If you meet the 3 requirements ofFlorida Statutes, §90.803(6), then business documents that would […]

ESTABLISHING THE “DATE OF LOSS” AS A PREREQUISITE TO THE AWARD OF PREJUDGMENT INTEREST

By: Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC Prejudgment interest is a type of damage which is suffered due to the loss of use of money which should have been paid at a particular time. Under Florida law, the prevailing party, in contract cases and certain tort cases, is entitled to prejudgment interest on […]

COURT ALLOWS DISCOVERY OF PHOTOGRAPHS POSTED TO A PRIVATE FACEBOOK ACCOUNT

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC An appellate court has recently issued an important case permitting discovery of information posted to a private Facebook account. In Nucci v. Target Corporation, 2015 WL 71726 (Fla. 4th DCA January 7, 2015), the Plaintiff alleged she was injured in a slip and fall accident […]

CONTRACTOR UNABLE TO RECOVER FUNDS FROM COMMUNITY DEVELOPMENT DISTRICT THAT WERE IMPROPERLY BILLED TO PROJECT’S DEVELOPER

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC In Tern Bay Community Development District v. Ryangolf Corp., 2014 WL 7404023 (Fla. 2d DCA December 31, 2014), a portion of a contractor’s recovery against a community development district was reversed as an improper double recovery. In this case, litigation ensued following the failed development […]