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What is res ipsa loquitur in Florida?

According to Florida law, res ipsa loquitur is a rule of evidence that permits, but does not compel, an inference of negligence under certain circumstances: Res ipsa loquitur is a Latin phrase that translates “the thing speaks for itself.” Prosser and Keaton, Law of...

What Happens When Someone Dies Without Having A Valid Will?

According to Florida law, any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as intestate property: 732.101 Intestate estate.— (1) Any part of the estate of a decedent not effectively disposed of by will passes to...

Why publish a notice to creditors in summary administration?

Publishing a notice to creditors in summary administration can bar creditor claims when the creditor fails to file a claim within three months after the time of first publication or 30 days of receiving the notice directly. Additionally, publication reduces the amount...

Is A Widow Responsible For Her Husband’s Debt In Florida?

According to Florida law, a widow (surviving spouse) is not responsible for her husband’s debt after his death. The personal representative of the husband’s estate (assuming probate is necessary, which may not be the case) is responsible for paying any valid,...

What Types Of Damages Can Be Recovered In A Defamation Suit?

According to Florida law, two types of compensatory damages can be recovered in a defamation suit, general damages and special damages: In determining the types of compensatory damages recoverable in a defamation suit, Florida law recognizes two classes: general and...