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  1. #1
    Join Date
    Nov 2013
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    20

    Lightbulb Affirmative Defenses to a Collection Case

    My question involves collection proceedings in the State of: Fla

    Does anyone know where I can find the case for Donald S. Zukerman, P.A. v. Alex Hofrichter, 676 SO. 2d 41, 43 (Fla 3d DCA 1996) ?

    I read somewhere that it is an affirmative defense for Failure to Satisfy Prima Facie Elements.

    Would like to read this and see if it apply's to my case.

    If anyone can direct me on how to find this case I would appreciate it. I've tried internet searches but nothing came up that contains the case information.

    Thanks!!

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Affirmative Defense Zuckerman V. Hofrichter

    Use lastname v lastname when searching online.

    http://scholar.google.com/scholar_ca...=1&oi=scholarr

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Affirmative Defense Zuckerman V. Hofrichter

    Quote Quoting 123-your-out
    View Post
    I read somewhere that it is an affirmative defense for Failure to Satisfy Prima Facie Elements.
    !
    what you are asking about sounds a lot like this:

    Failure to State a Claim Upon Which Relief May be Granted

    that has always been a defense to the complaint on hand although it is not a defense to the underlying basis for the complaint. If they did fail to provide a valid claim, they can amend the complaint or dismiss and refile with the proper, more defined claim.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Affirmative Defense Zuckerman V. Hofrichter

    Quote Quoting Disagreeable
    View Post
    Use lastname v lastname when searching online.
    Or search for the citation (also) in Google Scholar (after selecting 'case law').

  5. #5
    Join Date
    Nov 2013
    Posts
    20

    Default Re: Affirmative Defense Zuckerman V. Hofrichter

    Thanks Disagreeable....I should have thought of that myself. And thanks for the link.

    - - - Updated - - -

    Thanks JK and Mr. Knowitall....

    JK...your right, that's what I thought I had heard about the case I was referring to, although now that I have looked at it, it's not. Thanks for pointing me in the right direction.

    Mr. Knowitall....thanks for the additional info for looking something up on Google Scholar.

    As you may have noticed....I just getting started and learning so thanks for your help.

  6. #6
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Affirmative Defense Zuckerman V. Hofrichter

    Quote Quoting Mr. Knowitall
    View Post
    Or search for the citation (also) in Google Scholar (after selecting 'case law').
    I agree the citation is the best way to look. In this "case" regular Google finds it as well and I wonder at the OP's attempt to find the case. Scholar is a bit better as you can order the cases by date and see if the citation is still being used modernly. It is a bad thing to use a case for your argument that has been overturned or is not still being used as a primary authority for the particular issue you seek. It is not a substitute for Shepherd's. It is just a good Lifehack.

    (As a side note. The citation is "676 SO. 2d 41". the ", 43" tells where the particular issue you found the citation for is located.)

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