A Continuing Tort Lawsuit Over Multiple Years in Florida
Are you involved in an estate, a probate, or a trust lawsuit? Has it gone on for years and years? Or, have you just discovered that somebody was supposed to do something that they didn’t do? And has this gone on for years and years? Well, you may be involved in a case of constructive fraud, or a continuing tort. If you’re involved in a situation where somebody is supposed to give you information, like a trustee or an executor, and they don’t, that could be an element of fraud. You can sue them for that and try to get a jury trial. In addition to that, if it’s been going on for years, you may have a claim for a continuing tort.
Do you know what a continuing tort is? And more importantly, do you know how to put that in your lawsuit? So that the multiple years are actually addressed. Two things: do you have a continuing tort, do you know what to put in your lawsuit? And can you get a jury trial? Remember, if you don’t raise a jury demand when you first file your complaint, that might be waiver. Be careful about that. If you’re involved in a fraud case, remember, you have to plead that with particularity or specificity.
To read more about continuing torts, read the Suarez case 987 Southern II 681. It’s a 2008 case and although it’s over 10 years old it does describe the concept and the doctrine of the continuing tort in Florida.