Can someone provide a list of Florida court cases supporting the following:
One way to defeat an action for account stated is to show that the debt claimed is new, i.e. that there was no prior course of dealing between the parties or, at best, only a very short period with very few transactions. Therefore, the contract AND the statement of account are required (proof of the length of the debt).

It is the plaintiffs duty to prove the debt. They would be required to show proof of debt, The defendant would use copies of their contract to prove dates. Defendant can request discovery of evidence from Plaintiff as to copies of original contract, and other (specifically named) documents.

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Can someone provide a list of Florida court cases supporting ...

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I Can. But I for one am not going to do your research. Look for an online annotated set of statutes, and look specifically for the particular SOL involved.

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Originally Posted by k2u2007

Can someone provide a list of Florida court cases supporting the following:
One way to defeat an action for account stated is to show that the debt claimed is new, i.e. that there was no prior course of dealing between the parties or, at best, only a very short period with very few transactions. Therefore, the contract AND the statement of account are required (proof of the length of the debt).

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Small claims courts or much more informal. Finding precedents may not be listened to as they might in a civil court.

It might help if you explain the circumstances so we can advise.

I just wanted to be ready for an appeal if needed.

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Originally Posted by AK lawyer

I Can. But I for one am not going to do your research. Look for an online annotated set of statutes, and look specifically for the particular SOL involved.

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I found one. I will be happy to give it to you, if you give me one.

If you have one show us first. Otherwise we have to assume you haven't done your research.

Have I been watching too much Judge Judy? Appeal in small claims?

You can only appeal, in any court, for a issue in procedure. Not merely losing the case. So evidence needs to be presented in the first case. A appeal does not review new evidence, it merely reviews prior court case to see if there was a error in procedure.

You can file an appeal if there is new evidence, but usually that's only in criminal cases. And finding precedents that weren't presented at trial is not new evidence. Also most small claims courts don't allow for appeal.

http://www.floridabar.org/TFB/TFBResources.nsf/0/5E3D51AF15EE8DCD85256B29004BFA62/$FILE/Small%20Claims.pdf

Florida & Federal Appeals Process | Appellate Court Structure | Bushell Appellate Law

New evidence is rare, and the threshold is high, not only would be have to be new but a due diligence standard has to be proven, for a reason it was not discovered.

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... One way to defeat an action for account stated is to show that the debt claimed is new ...

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I'm not sure I agree with this anyway. Chances are a small claims plaintiff is simply going to allege that defendant owes the money. The only reason that I know of to sue on an account is to avoid a statute of limitations problem for some of the older items on the account. A defendant trying to argue that it's not on an account because all of the debts are new will be met with the response "ok, fine. But you owe it to me."