David Adelstein 
(954) 361-4720 
dadelstein@gmail.com
Kirwin Norris, P.A.
Phone: (954) 361-4720
Cell: (954) 295-6117
E-mail: dadelstein@gmail.com or dma@kirwinnorris.com
Call me about proving YOUR Case!
Recent Posts
- Employer cannot Retaliate against Employee for Workers’ Compensation Claim
- Enforcement of Non-Compete and Non-Solicitation Provision
- Absolute Immunity Protects Public Officials from Defamation
- The Duty of Care Element in a Negligence Action is a Question of Law
- Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent
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- Employer cannot Retaliate against Employee for Workers’ Compensation Claim
- Enforcement of Non-Compete and Non-Solicitation Provision
- Absolute Immunity Protects Public Officials from Defamation
- The Duty of Care Element in a Negligence Action is a Question of Law
- Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent
- Deficient Jury Instruction could Amount to Reversible Error
- Fiduciary Duty Owed by Escrow Agent
- Code Enforcement Board Appeal
- How to Factor a Postoffer Settlement into a Proposal for Settlement Analysis
- Refuting Affirmative Defenses in Motion for Summary Judgment
- Authentication of Photograph at Trial
- Must be a Meeting of the Minds for there to be a Settlement
- Party Recovering Judgment Entitled to Recoverable Costs
- Amended Complaints and the “Relation Back” Doctrine
- Uneven Floor Level Does Not, in of Itself, Support Premise Liability Claim
- Improperly Moving to Set Aside the Verdict
- Considerations when Enforcing or Challenging Restrictive Covenant
- Arbitration Provision Involving Non-Florida Entities and a Non-Florida Transaction
- Apex Doctrine to Prevent Deposition of High Ranking Official in Corporate Context
- Comply with the Dispute Resolution Provision in Your Contract
- Condominium Unit Owner Suing Condominium Unit Owner under Florida’s Condominium Act
- Standard for Petition for Writ of Certiorari
- Supplemental Property Insurance Claim
- Delay Tactics may Not Work to Avoid Dispositive Summary Judgment Ruling
- Damages Under Florida’s Public Whistleblower Act
- Damages Under Florida’s Whistleblower Act
- What is a Covenant Running with the Land?
- Pre-Suit Notice Condition Precedent Requirement before Suing News Media for Defamation Not Extended to Books and Movies
- Attorney’s Fees on Attorney’s Fees
- Striking an Affirmative Defense
- Hearsay within a Medical Record (Double Hearsay)
- Premise Liability and the Obvious Danger Doctrine
- Exculpatory Clauses MUST be Clear and Unequivocal
- Two Proposal for Settlement Considerations
- A General Release is Not Absolute
- Asserting Basis for Punitive Damages against Corporate Entity
- Mutuality of Obligation when it comes to Contractual Attorney’s Fees
- Suing Third-Party for Spoliation of Evidence
- The Contractual Right to Arbitrate a Dispute Can be Waived
- Damages Caused by Wrongful Recording of Lis Pendens (Not Founded on Instrument or Statute)
- Affirming Summary Judgment when there are Competing Expert Affidavits
- Proving Entitlement to a “Trade Secret”
- Reversing Motion to Dismiss with Prejudice Based on Interpretation of Commercial Lease
- Considerations when Multiple Proposals for Settlement are Served on Separate Defendants
- Duty to Maintain Property May Exist Even with Open and Obvious Dangerous Condition
- Stormwater Runoff from Upper Landowner to Lower Landowner and “Reasonable Use” Rule
- Disgorgement for WRONGDOING
- Disability Discrimination: Synopsis
- Arbitration Clause – Narrow or Broad
- Abuse of Discretion Standard of Review when Expert Deemed Unqualified
- Then-Existing State of Mind Hearsay Exception
- Non-Solicitation Agreements / Clauses and Proactively Soliciting Employment
- Proposals for Settlement ONLY Apply to Claims for Monetary Relief
- Must be a “Property Owner” to Avail Yourself of the Bert J. Harris, Jr. Private Property Rights Protection Act
- Involuntary Dismissal should have been Granted because Damages Rested with LLC and Not Its Member
- The Less Stringent Frye Test is Baaaaack to Determine the Admissibility of Expert Testimony
- If You File a Frivolous Motion or Pleading: BEWARE
- Not Everything a Potential Judgment Debtor Does Constitutes a Fraudulent Transfer
- A Party may Not Expand the Scope of Judicial Review of an Arbitration Clause
- Spoliation of Evidence Claim Against Third-Party
- Appealing Correct Measure of Damages
- Economic Damages Must be Based on Competent Substantial Evidence
- Quick Note: Competent Substantial Evidence to Support Mitigation of Damages
- You Can’t Sue Someone for Unjust Enrichment when there is a Contract
- Premise Liability Claims and Duties of Owners to Invitees
- Incentive for Taking Case on Contingency – the Contingency Fee Multiplier
- Sufficient Factual Detail to Support Four Prongs of Temporary Injunction
- Inducement is NOT a Required Element in Proving the Defense of Unilateral Mistake
- Serving a Florida Statute s. 57.105 Motion for Sanctions
- Quick Note: Action for Declaratory Relief to Obtain a Certificate of Title
- Quick Note: Interpretation of a Contract (Policy) is for the Court, Not the Jury
- Condominium’s Declaration is a Contract
- Equitable Estoppel Circumstances to Allow Non-Signatory to Compel Arbitration
- Value of Severability Clause
- Risk in Purchasing Property Subject to a Pending Foreclosure and Lis Pendens
- Account Stated and Open Account — Separate Causes of Action
- General Understanding of Collateral Estoppel and Res Judicata
- Preserving an Objection for Appeal
- Injunctive Relief + Attorney’s Fees Awarded in Favor of an Owner and Against Her Association
- Mid-litigation Monetary Settlement with Co-Defendant
- Florida’s Uniform Trade Secrets Act cannot be used to Restrict Competition
- A New Trial is Not Automatically Warranted when Jury Renders what a Plaintiff Perceives to be an Inadequate Jury Verdict
- Summary Judgment Entered in Favor of Defendant on Equitable Subrogation Claim
- Attorney’s Fee Arrangements can be Creative or Innovative
- Directed Verdict Warranted if Jury Needs to Stack Inferences to Determine Negligence
- Forum Selection / Venue Provisions in Contracts are Enforceable
- Set-Off when Entering into Settlements in Multi-Party Disputes
- The Not Widely Known Harris Act: Protection of Private Property Rights
- Moving for an Involuntary Dismissal in a Nonjury Bench Trial
- Yes, There is Such a Thing Called Apparent Authority
- Defamation Per Se Opens Door for Punitive Damages
- Make Sure Your Expert’s Opinion is Reliable
- Homestead Protection does Not Attach to Corporation (as Judgment Debtor Found Out!)
- Requests for Admissions as a Discovery Tool
- Quick Note: Appeal of Jury Instructions with Wrong Burden of Proof
- Proving Defense of Unilateral Mistake
- Public Body is Afforded Sovereign Immunity
- Do Yourself a Favor: Have a Court Reporter at Important Hearings
- Civil Recourse against Issuer of Worthless Check
- Quick Note: Order Denying Attorney’s Fees Reviewed De Novo
- New Trial Warranted for Prejudicially Inflaming the Jury
- Proving ALL of the Elements of a Fraudulent or Negligent Misrepresentation Claim
- Is the “Bad” Appellate Case Binding or Persuasive?
- Proving Fraud on the Court with Clear and Convincing Evidence
- Striking / Excusing a Prospective Juror for Bias during Voir Dire
- Election of Remedies Doctrine and Claims for Specific Performance and Breach of Contract
- The Contingency Fee Multiplier is NOT just for the Rare and Exceptional Dispute
- Arbitration is an Appealable Non-Final Order
- Strictly Complying with Procedural Requirements when Moving to Amend to Add Punitive Damages
- Abandonment of Post-Trial Motions through Notice of Appeal? Not Anymore…
- Referral Sources can be a Protected Legitimate Business Interest
- Motion for Rehearing or Reconsideration: What is the Difference?
- Collateral Source Rule – Prohibiting an Injured Plaintiff from having Its Cake and Eating It too
- Caveat Emptor = Buyer Beware = Watch Out!
- Writ of Certiorari to Remedy Pre-Trial Discovery Order
- Florida Statutory Cause of Action for Misleading Advertisement
- Not All Non-Final Orders are Immediately Appealable
- Properly Pleading the Affirmative Defense of the Nonperformance or Nonoccurrence of Conditions Precedent
- Insurance Policy Construction is a Question of Law
- Courts do Not Favor the Technical (Oops!) Wins
- Civil Conspiracy – Not Just a Claim in the Criminal Context
- Timely Move for Appellate Attorney’s Fees (if You have a Basis!)
- Seller’s Remorse can have Consequences, Particularly when the Seller Acts in Bad Faith
- Cause of Action for Tortious Interference with a Business Relationship
- Restrictive Language in Employment Agreement
- Malicious Prosecution Arising from Judicial Proceedings–There are Consequences
- Motion for Summary Judgment – No Genuine Issue of Material Fact
- Fraud in the Performance of a Contract
- Admitting a Business Record Under the Hearsay Exception
- Strict Construction of Restrictive Covenants
- Denial of Right to Depose Material Witness
- Litigating the Amount of Contractual Attorney’s Fees
- Designating a Representative(s) to Serve as the Corporate Representative for Deposition
- Punitive Damages for Business Torts
- Significant Relationship between Claim and Agreement to Arbitrate
- Ebook: Innovative Attorney’s Fee Arrangements – Providing Value To YOUR Business Objectives
- Enforcing Non-Compete Agreement with Injunctive Relief
- Strict Construction of Condominium and Homeowner Association’s Declarations
- Insurance Coverage Disputes where the Focus is the Policy Language
- Don’t Neglect Mediation!
- Stay Money Judgment Pending Appeal
- Innovative or Alternative Fees Can be a Win-Win!
- Timely Filing Motion for Attorney’s Fees and Costs
- A Contractual Waiver of the Right to Challenge Venue is Enforceable
- Impeachment as to Prior Crimes in Civil Trials
- Quick Note: So You Want to Appeal an Injunction Entered Against You…
- Do I or Do I Not File a Reply to Affirmative Defenses?
- Appealing Entitlement to Attorney’s Fees
- Quick Note: An Ambiguous Agreement will Lead to Admissibility of Parol Evidence
- Recoverability of Expert Witness Fees in Federal Court
- (Extract on) Business Judgment Rule
- Trial Court’s Responsibility is NOT to Rewrite a Contract
- What Constitutes an Enforceable Contract?
- Prevailing Party for Purposes of Attorney’s Fees in Breach of Contract Claims
- Prejudgment Interest and Post-judgment Interest
- Proposals for Settlement when there is a Contractual or Statutory Basis for Attorney’s Fees
- The Simple, All-or-Nothing Verdict Form
- Business Records Exception (to Hearsay Rule) When Business Takes Custody of Another’s Records
- Moving to Enforce the Appellate Court’s Mandate
- Improperly Admitting Hearsay can still be Harmless Error
- Actions for Declaratory Relief / Declaratory Judgment
- Foundation Required to Admit Prior Inconsistent Statement
- Leading Questions Forming Basis of Appeal
- Avoiding the Mistrial
- Appealing Trial Court’s Interpretation of Contract
- Illegality of Contract as Affirmative Defense
- Asserting Punitive Damages (or Appealing the Decision to Allow for Punitive Damages)
- Just Say NO! to Frivolous Claims! Otherwise 57.105 May Apply!
- Challenging Standard for Granting Directed Verdict
- Appeals Regarding Personal Jurisdiction
- Know the Best Evidence Rule
- “Other Products” Evidence to Support Alternate Causation Theory
- Motion for Directed Verdict (or to Set Aside the Verdict) is an Important Trial Consideration
- Proving Your Case Through Circumstantial Evidence
- Trial Court’s Error is Harmless when there is No Reasonable Possibility Error Contributed to Verdict
- Parol Evidence Inadmissible to Determine Intent of Unambiguous Agreement
- Is Your Expert Qualified to Render the Opinions?
- A Promissory Note is NOT Hearsay
- Election of Remedies PRIOR to Final Judgment
- Difference Between Lay Opinion Testimony and Expert Opinion Testimony
- Prejudicial Closing Argument Could Result in Mistrial / New Trial
- Discoverability of Opposing Party’s Attorney’s Fees Records
- Race-Neutral Reason for Peremptory Challenge
- Make Sure to Timely Raise Your Daubert Objection to Expert Testimony
- Agent’s Out-of-Court Statements Could Constitute Admissions by a Party Opponent
- Incorrect / Misleading Jury Instructions and Reversible Error
- The Nonparty Fabre Defendant
- Witness Laying Foundation for Business Records Exception Need Not be the Person that Prepared the Business Records
- De Novo Standard of Appellate Review for Construction of Arbitration Provision
- Statutory Construction Subject to De Novo Standard of Appellate Review
- You Cannot Contradict Testimony with Affidavit Testimony in Response to Summary Judgment
- Excited Utterance Hearsay Exception
- Experts Cannot Tell the Jury How to Decide the Case
- Hearsay can Only be Admitted for Another Purpose if Such Purpose is a Material Issue
- Summary Judgment Must be Based on Admissible Evidence
- How the Defense of Set-Off Applies
- Witness Laying the Foundation for the Admission of Business Records
- Inadmissible Testimony / Evidence Should Not be Considered on a Summary Judgment
- Parol Evidence Rule — A Substantive Rule of Law
- Best Evidence Rule
- The Certiorari Standard of Review
- Recipient of Trial Court’s Error Needs to Prove Harmless Error
- State of Mind Hearsay Exception
- Authentication of Document and the “Reply Letter Doctrine”
- Ruling on Admissibility of Evidence Reviewed Under Abuse of Discretion
- Arbitration and the Lax Rules of Evidence
- Judicial Notice of a Court’s File does NOT Circumvent Inadmissible Hearsay
- Showing Bias to Impeach a Witness such as an Expert
- Your Reasonable Attorney’s Fees Expert May be a Taxable Cost
- Expert Witnesses can Rely on Hearsay….But…
- Strategic Reasons for Serving a “Good Faith” Proposal for Settlement
- Fact Witness Testimony Must be Based on Their Personal Knowledge
- Recoverable / Taxable Costs to the Prevailing Party
- I Lost the Appeal. Should I File an Appellate Motion for Rehearing???
- Rule of Completeness so Entire Writing or Statement is Contemporaneously Introduced
- Asking the Witness Leading Questions (that Suggest the Intended Answer)
- Using Deposition of Expert Witness at Trial and Reading Portion of Deposition Transcript
- Classic Hearsay: Declarant’s Out-of-Court Statement Offered to Prove the Truth of the Matter Asserted
- Impeaching (Attacking Witness’s Credibility) with a Prior Inconsistent Statement
- Jury Trial Considerations: Directed Verdict and the Verdict Form
- Note on Discovery in Litigation
- Laying the Foundation of Photographic Evidence
- Introducing Character Evidence of Prior Bad Acts in a Civil Case
- Purpose of Closing Argument
- Purpose of Opening Statements
- Inconsistent Verdict Form – Make Sure to Timely Object
- Applying the Tipsy Coachman Doctrine
- Pinning the Poor Against the Rich at Trial…Nope due to the Presumed Prejudice!
- Admissions Against Party Opponent (Hearsay Exception) Does Not Need to be Based on Party’s Personal Knowledge
- A Civil Action – Great Movie Regarding “Proving Your Case”
- Purpose of a Motion in Limine to Exclude Evidence
- Proving Affirmative Defenses and the Affirmative Defense of Comparative Negligence
- Considerations Involving Proposals for Settlement / Offers for Judgment
- Using Demonstrative Aids or Exhibits at Trial
- Know Your Standard of Appellate Review Regarding the Admissibility of Evidence
- Benefit of Corporate Representative Depositions
- Inadmissible Subsequent Remedial Measures
- Proximate Causation in a Negligence Action and the Granting of a Directed Verdict in a Negligence Action
- Photographic / Video Evidence Needs to be Relevant and Outweigh any Unfair Prejudice to the Opposing Party
- Admissions Against a Party Are Admissible Exceptions to the Hearsay Rule
- Importance of Laying the Appropriate Foundation for the Business Records Exception to the Hearsay Rule
- Harmless Error and the “No Reasonable Possibility” Test
- Proffers / Offers of Proof when Trial Judge Precludes Evidence or Testimony from being Introduced
- Voir Dire and Reasonable Opportunity to Examine Prospective Jurors
- Application of the Business Records Exception to the Hearsay Rule
- Moving for a Directed Verdict and, then, a Motion to Set Aside the Verdict
- Expert Opinion Testimony and the Standard of Appellate Review
- Expert Opinion Testimony and Understanding Daubert’s Gatekeeping Test
- Useful Maps Explaining Florida’s Judicial System
- Verdict Forms (General or Special) and the Two-Issue Rule
- Preparing Jury Instructions and the Standard of Review in Appealing Jury Instructions
- Appealing the Granting or Denying of a Party’s Peremptory Challenge(s)
- Civil Jury Trials and the Basics of Peremptory and Cause Juror Challenges
- Satisfying the Burden of Proof by a “Greater Weight of the Evidence”
- The Burden to Establish Petitions for Writs of Certiorari (“Cert”)
- Abuse of Discretion Standard of Review for Trial Court Granting or Denying New Trial
- Introducing Business Records — An Exception To Hearsay
- De Novo Appellate Standard Of Review For Summary Judgments
- The Trial Court Reached The Right Result For The Wrong Reason – The Tipsy Coachman
- Is Greed Really Good?
- Exploring The Fee Arrangement Between A Client And Lawyer
- Prove My Case
