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    k2u2007's Avatar
    k2u2007 Posts: 2, Reputation: 1
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    #1

    Oct 11, 2015, 10:10 PM
    Can someone provide FL cases supporting account stated no prior course of dealing
    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).
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691
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    #2

    Oct 12, 2015, 04:33 AM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 12, 2015, 06:23 AM
    Can someone provide a list of Florida court cases supporting ...
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #4

    Oct 12, 2015, 11:07 AM
    Quote Originally Posted by k2u2007 View Post
    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).
    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.
    k2u2007's Avatar
    k2u2007 Posts: 2, Reputation: 1
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    #5

    Oct 12, 2015, 06:28 PM
    I just wanted to be ready for an appeal if needed.

    Quote Originally Posted by AK lawyer View Post
    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.
    I found one. I will be happy to give it to you, if you give me one.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #6

    Oct 12, 2015, 07:24 PM
    If you have one show us first. Otherwise we have to assume you haven't done your research.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #7

    Oct 12, 2015, 07:50 PM
    Have I been watching too much Judge Judy? Appeal in small claims?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691
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    #8

    Oct 13, 2015, 12:08 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #9

    Oct 13, 2015, 04:43 AM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691
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    #10

    Oct 13, 2015, 06:06 AM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #11

    Oct 13, 2015, 03:08 PM
    ... One way to defeat an action for account stated is to show that the debt claimed is new ...
    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."

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