This form is a listing of various Causes of Action. This form lists a variety of lawsuits which may be filed against a tortfeasor.
Florida List of Causes of Action
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A legal claim of malicious prosecution arises when one person (the plaintiff) brings a criminal or civil action against another person (the defendant) with malice and without probable cause.
Lawsuits for accountings are generally considered equitable proceedings. Under Florida law, a party that wants an equitable accounting must prove that: (1) a fiduciary relationship exists between the parties or the subject transaction is complex; and (2) the remedy at law is inadequate.
What must a plaintiff show to sue for malicious prosecution? To sue for malicious prosecution, you must show that criminal or civil proceedings were initiated against you or continued without probable cause and that the case against you terminated in your favor.
A Standard Clause providing model language to plead a cause of action for specific performance under Florida law. It has integrated notes with important explanations and tips for pleading a count for specific performance and the required elements of the claim.
In Florida, you have to prove that the other person's negligence (breach) caused significant damages. The most common damage that results from a breach of contract is the loss of money. You may also be entitled to expectation damages, which means you lost certain benefits that were promised as part of the agreement.
The cause of action for an account stated is based on the agreement of the parties to pay the amount due upon the accounting, and not any written instrument.
To prove a case of abuse of process in Florida, a plaintiff must typically show the following elements: Illegal or improper use of the legal process by Defendant: The plaintiff must prove the defendant did not simply use the process to further justice or get a legal remedy.
For example, in a case where a former employer sought to bring criminal charges to its employee to recover stolen money, while knowing that the employee was not responsible for the theft, the court held the employer liable for abuse of process for initiating criminal charges while knowing that the charges were ...