Legal Question in Civil Litigation in Florida

does she hane a case

A friend of mine has lived with her boyfriend for over 25 years. Every week they would buy a lottery ticket and each put in 50 cents. One week she said she didn't have the 50 cents on her and would pay him back. The ticket won and he took all the money. They remained living together but he never gave her a dime. Now that they are breaking up, she wants 50,000 a year to live on. He said no. He gets 150,000 a year. Does she have a case if she fights him?


Asked on 7/12/07, 5:21 pm

4 Answers from Attorneys

Johm Smith tom's

Re: does she hane a case

If your friend could prove the habit of buying a ticket together, then she might be able to convince a jury to award her part of the winnings. She was foolish not to sue over it immediately.

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Answered on 7/12/07, 5:26 pm
David Slater David P. Slater, Esq.

Re: does she hane a case

Depends on her proof and how long ago this happened.

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Answered on 7/12/07, 5:31 pm
Michael Stewart Michael D. Stewart

Re: does she hane a case

It will depend on a number of factors. She could gain leverage by obtaining a lawyer and considering a lawsuit. Also, if they had an oral contract there is a statute of limitations (which might have been extended).

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Answered on 7/12/07, 5:46 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: does she hane a case

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your friend's chances of prevailing are not good. First and foremost, the fact that she did not contribute to the purchase of the ticket would be two strikes against her. You stated that "They remained living together but he never gave her a dime. Now that they are breaking up, she wants 50,000 a year to live on." It is very possible that a court would look at this as a claim for palimony which is not recognized in the State of Florida.

Second, she has let this issue simmer for the balance of the time they remained together which may have already reached the Statute of Limitations barring any legal claim against the former boyfriend.

Regardless, based on the amounts involved, your friend should consult an attorney to get a legal opinion based on the specific facts of the matter.

Scott R. Jay, Esq.

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Answered on 7/12/07, 6:17 pm


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