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ProveMyFloridaCase.com > Articles posted by David Adelstein (Page 40)

Introducing Business Records — An Exception To Hearsay

      Business records are oftentimes introduced during trial. But, just because the record is called a “business record” does not automatically mean the record is admissible during trial. The business record still needs to be properly introduced (the foundation for the record properly laid) at trial; otherwise, the record constitutes hearsay: an out-of-court statement (written or oral) introduced to prove the truth of the matter asserted in the out-of-court statement. Thus, a business record would constitute hearsay evidence since it would most likely be introduced at trial to prove the truth of the matter asserted in the record. Florida’s Evidence Code contains...

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De Novo Appellate Standard Of Review For Summary Judgments

An appellate court’s standard of review when reviewing a trial court’s summary judgment is de novo. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000); accord L’Etoile Homeowners Ass’n, Inc. v. Fresolone, 940 So.2d 1170 (Fla. 4th DCA 2006). A de novo standard of review means that the appellate court will examine the trial court’s record anew and will rule on the record evidence and law without giving any deference to the trial court. This is a favorable standard of review for an appellant (party appealing trial court’s ruling) because there is no deference afforded to the...

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The Trial Court Reached The Right Result For The Wrong Reason – The Tipsy Coachman

  Trial courts sometimes reach the right result / ruling, but for the wrong reason. This wrong reason serves as the basis of an appeal. However, under the appellate principle known as the “tipsy coachman doctrine,” an appellate court can affirm a trial court’s ruling even if the trial court reached the right result / ruling, but for the wrong reason. The right reason(s), though, needs be supported by the record before the trial court (that makes up the record before the appellate court). See Dade County School Board v. Radio Station WQBA, 731 So.2d 638 (Fla. 1999); accord State Farm Fire...

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Is Greed Really Good?

    We all remember  the famous "Greed is Good" speech from the movie Wall Street. How do you not love this movie and this speech?  But, is greed really good?  Does, greed really clarify the essence of the evolutionary spirit? When it comes to a dispute, sometimes--and most of the time--it is perhaps better to analyze the dispute from a big picture perspective in order to come a reasonable resolution.   Yes, this reasonable resolution may not result in the resolution you ideally wanted, but it may potentially be the right resolution where greed and principle remain on the outside. It is not always the...

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Exploring The Fee Arrangement Between A Client And Lawyer

A lawyer's representation of a client is typically memorialized in an engagement agreement or fee agreement. There are many types of business relationships between a lawyer and client regarding how a client is to compensate a lawyer. Both the lawyer and client need to explore which business relationship works best for them based on the nature of the matter. From the client's perspective, a client should want an attorney they know will be efficient, proactive, and assist them in making the best business decision(s) based on the pros (the good) and cons (the bad) of the dispute. Types of fee...

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