Legal Question in Real Estate Law in Florida
If I move to strike an affidavit submitted by the plaintiff as being fraudulant will I be able to file a counterclaim based on the same affidavit in florida civil foreclosure case.
Asked on 9/29/10, 5:16 pm
1 Answer from Attorneys
Shelly Schellenberg MI & FL
private practice
Generally, granting a motion to strike means that the affidavit will not exist in the court's view. The affidavit, as a sworn statement may be relevant and admissible as evidence in some other context, perhaps to show perjury or conflicting testimony. You need to have an attorney review the entire file for a definitive answer.
Answered on 10/05/10, 5:49 am
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