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Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
Displaying 326 - 350 of 1552
Complaint, , 31 pgs
Trial Pleadings

Alleges: abuse of process; malicious prosecution; defamation per se; slander per se; intentional infliction of emotional distress; breach of declaration of covenants and request for specific performance; willful noncompliance with requests to inspect records; breach of fiduciary duty; breach of good faith and fair dealing; civil conspiracy

Fla.Stat. §720.305(1) and §720.303 and §720.303(5), (5)(b)

Florida
Defendant's Motion to Dismiss Plaintiff's Complaint, , 5 pgs
Trial Pleadings

Requests Court dismiss complaint because: Counts I, II and III improperly state causes of action; Count IV improperly alleges a cause of action; Counts V and VI improperly state claims

Fla.Stat. §415.1111 and §400.023 and §46.021 and §768.21 and §400.022 and §§400.023-400.0238 and §415.102(4)

Florida
Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss the Complaint or, Alternatively, Motion to Strike Portions Thereof, , 8 pgs
Trial Pleadings

Recommends Court deny motion to dismiss or, in the alternative, affirm motion to strike portions because plaintiff properly pled claim for medical malpractice and Adult Protective Services Act violations

Fla.Stat.§415.111 and §766.207 and §768.20 and §46.021 and §400.023 and §429.29 and §415.102 and §415.102(27), (4), (1), (15), (7) §§415.101-415.113 and §§400.023-400.0238 and §400.022 and §766.102(1) and Fla.R.Civ.Proc. 110(b)(2)

Florida
Renewed Motion to Amend to Add Claim for Punitive Damages, , 3 pgs
Trial Pleadings

Requests Court allow plaintiff to seek punitive damages because defendants ratified conscious disregard for resident's life, safety or rights

Fla.Stat. §825.102 and §400.0238

Florida
Amended Complaint - Elder Abuse and Neglect, , 4 pgs
Trial Pleadings

Alleges deprivation,rights' infringement, elder abuse, neglect; demands damages, court costs and attorney's fees

Fla.Stat. §415.1111 and §415.102(1), (2), (4), (8), (15)

Florida
Lawnwood Medical Center, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint, , 5 pgs
Trial Pleadings

Requests Court grant motion because: complaint fails to comply with presuit screening requirements; allegations are insufficient to support claims

Fla.R.Civ.P. 1.140(b) and 1.420 and 1.420(b) and 1.110(b) and Fla.Stat. §766 and §766.102(1) and §766.202(4) and §415.102(1), (2), (4), (15), (26) and §415.111

Florida
Memorandum of Law in Opposition to Defendants' Motion to Compel Arbitration and Stay Discovery, , 5 pgs
Trial Pleadings

Recommends Court deny motion because: arbitration agreement is unenforceable; arbitration agreement is unconscionable; arbitration agreement's remedial limitations are contrary to public policy

(Intentionally Left Blank)

Florida
Amended Complaint & Demand for Jury Trial, , 11 pgs
Trial Pleadings

Alleges legal malpractice; requests damages, pre-judgment interest, costs, trial by jury on all triable issues

(Intentionally Left Blank)

Florida
Amended Verified Complaint for Damages and Jury Trial Demand, , 26 pgs
Trial Pleadings

Alleges: Count I - exploitation; Count II - falsification and concealment of facts; Count III - fraud; Count IV - unjust enrichment; Count V - breach of fiduciary duty; Count VI - fraudulent inducement of exculpatory clause and arbitration provision

Fla.Stat. §772.11 and §825.103 and §571.211 and §517.301 and §786.72 and §772.11(5) and §825.101 and §517.051 and §517.061

Florida
Amended Motion to Perpetuate Testimony, , 2 pgs
Criminal Case Materials

Requests court grant motion and issue Order to schedule videotaped deposition of 75 year old victim unable to attend trial as a witness (2011)

Florida Rules of Criminal Procedure 3.190(i)(2)

Florida
Information, , 2 pgs
Indictments & Informations

Charges willful or culpable negligence and neglect of elderly person or disabled adult (2011)

Florida Statutes §825.102(3)(a) and §825.102(3)(c); Florida Rule of Judicial Administration 2.420(d)(2)

Florida
Instructions, , 24 pgs
Other Materials

Preliminary Instructions; Qualifications Instruction; Closing Argument; Introduction to Final Instructions; Statement of Charge; When There Are Lesser Included Crimes and Attempts; Principals; Plea of Not Guilty, Reasonable Doubt and Burden of Proof; Weighing the Evidence; Expert Witnesses; Defendant Testifying; Defendant Not Testifying; Defendant's Statements; Rules for Deliberating; Cautionary Instruction; Verdict; Single Defendant, Multiple Counts or Informations; Submitting Case to Jury; Attempt to Commit Crime; Introduction; Verdict; Battery on Person 65 Years of Age or Older; Battery (2011)

Florida Statutes §918.19 and §777.011 and §777.04(1) and §777.04(5)(a) and §784.08(2)(c) and §784.03

Florida
Instructions, , 28 pgs
Other Materials

Preliminary Instructions; Qualifications Instruction; Closing Argument; Introduction to Final Instructions; Statement of Charge; When There Are Lesser Included Crimes and Attempts; Principals; Plea of Not Guilty, Reasonable Doubt and Burden of Proof; Weighing the Evidence; Defendant Testifying; Defendant Not Testifying; Defendant's Statements; Rules for Deliberation; Cautionary Instruction; Verdict; Submitting Case to Jury; Attempt to Commit Crime; Introduction; Verdict; Theft (2011)

Florida Statutes §918.19 and §777.011 and §777.04(1) and §777.04(5)(a) and §812.014 and §812.022(2) and §812.022(3) and §812.022(4) and §812.022(5) and §812.022(6) and §316.003 and §812.012(1) and §812.014(2) and §810.011(2) and §812.014(2)(b)3 and §395.002(10) and §812.014(2)(b)4 and §943.10 and §810.09(2)(d) and §395.002(17) and §810.09(1)(b) and §812.012(3) and §812.012(4) and §812.012(6) and §812.12(10)

Florida
Motion to Continue and Notice of Hearing, , 1 pgs
Criminal Case Materials

Requests Order to continue case and reset trial date because state attorney is unavailable during scheduled trial week, defendant waived speedy trial (2011)

Florida
Preliminary Instructions; Qualifications Instruction; Closing Argument; When There Are Lesser Included Crimes or Attempts; Principals; Plea of Not Guilty, Reasonable Doubt and Burden of Proof; Weighing the Evidence; Expert Witnesses; Defendant..., , 24 pgs
Indictments & Informations

Count I - Battery on Person 65 Years of Age or Older (2011)

Florida
Preliminary Instructions; Qualifications Instruction; Closing Argument; When There Are Lesser Included Crimes or Attempts; Principals; Plea of Not Guilty, Reasonable Doubt and Burden of Proof; Weighing the Evidence; Expert Witnesses; Defendant..., , 28 pgs
Indictments & Informations

Count I - Grand Theft from Person 65 Years of Age or Older

Florida
Complaint, , 12 pgs
Trial Pleadings

Alleges: exploitation of an elderly person; civil theft; conversion; intentional wrongful death; negligent/gross negligent wrongful death; breach of contract for wrongful death; negligent retention; negligent supervision; negligence/gross negligence; negligence per se; breach of contract; breach of fiduciary duty

Fla.Stat. §825 et seq. and §48.193(1)(a), (b), (f)(1), (g) and §489.193(2) and §47.051 and §26.012 and §825.101 and §825.101(2) and §825.103 and §772.11 and §812.014 and §768.16 et seq. and §400.474 and §400.474(2)(b) and §400.484 and §400.484(2)(a), (b), (c) and Fla.Admin. Code r. 59A-8.0095(5) et.seq. and 59A-8.0086 and 59A-8.0086(1)(d)

Florida
Defendant's Brookdale Senior Living, Inc., d/b/a Arc Boca Raton, Inc., Motion to Dismiss Plaintiffs' Amended Complaint, , 7 pgs
Trial Pleadings

Requests Court grant motion because amended complaint fails to state a cause of action

Fla.R.Civ.P. 1.140(b)(6) and Fla.Stat. §429 and §§429.01-429.931 and §429.28 and §429.29 and §§429.029-429.298 and §400 and §§400.0060-995 and §415 and §415.1111 and §415.102 and §415.102(27), (4), (1), (15), (7), (1)(2)(B)(1) and §817.41 and §817.41(1)-(5) and Fla.Admin. Code r. 59A-4.109

Florida
Motion to Dismiss or for More Definite Statement, , 4 pgs
Trial Pleadings

Requests Court dismiss complaint because: Count I lacks sufficient facts; Count II fails to state conversion claim; Count III fails to state fraud claim; Count IV fails to state cause of action; Count V fails to state interference claim; no cause of action for constructive trust stated is stated

Fla.Stat. §415.1111 and §415.102 and Fla.R.Civ.Proc. 1.130 and 1.120(b)

Florida
Defendants' Motion to Dismiss Complaint, , 5 pgs
Trial Pleadings

Requests Court dismiss complaint because: Counts I, II and III improperly state causes of action; Count IV improperly alleges a cause of action; Counts V and VI fail to include ultimate facts

Fla.Stat. §415.1111 and §400.023 and §46.021 and §768.21 and §400.022 and §§400.023-400.0238 and §429.29 and §415.102(2), (4) and Fla.R.Civ.Proc. 1.110

Florida
Information, , 2 pgs
Indictments & Informations

Charges grand theft of property from persons 65 years of age or older and organized scheme to defraud or fraudulently obtain property from such persons in an aggregate value of at least $50,000 (2010)

Florida Statutes §812.0145(2)(a) and §817.034(4)(a)1 and §825.103(1)(2a) and §831.01(3F) and §831.02(3F) and §817.29(3F)

Florida
Information, , 2 pgs
Indictments & Informations

Charges financial exploitation scheme to obtain or appropriate money or property by theft, forgery, falsehood or cheating with intent to deprive elderly adults of its use or benefit (2010)

Florida
Request for Judicial Notice and Notice of Hearing; Certificate of Service; Notice of Hearing; Certificate of Service, , 3 pgs
Criminal Case Materials

Requests Exemplification of Record for Delayed Registration of Birth under Wayne County, Michigan Probate Seal and Certificate of Birth, Delayed Registration, from Michigan Department of Health, Vital Records Section. Requests Judicial Notice announcement (2010)

Florida Statute §90.202

Florida
State's Traverse and Response to Defendant's Motion to Dismiss and Request for an Adversarial Evidentiary Hearing, , 7 pgs
Criminal Case Materials

Requests Court deny Motion to Dismiss based on statutory immunity because state's traverse places essential material facts in dispute. Requests Court deny Request for Evidentiary Hearing as a procedural mechanism because it is not based on district's controlling authority. Requests Extension of Time to Pursue Appellate Remedy (2010)

Florida Rules of Criminal Procedure 3.190(d) and 3.190(c) (4) and Florida Statutes §776.032 and §776.032(1) and §776.012 and §776.013 and §776.031 and §784.07 and §784.07(1)(a) and §825.101(2) and §825.101(5)

Florida
Motion to Compel Production of Documents; Order Granting Motion to Compel Production of Medical Records; Order to Seal, , 3 pgs
Criminal Case Materials

Requests: issuance of subpoena duces tecum and Court Order for records relevant to alleged elder abuse investigation; order and adjudgment for production and release of requested medical records; order and adjudgment that motion and order be sealed (2007)

Florida
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