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Old 03-05-2005, 04:43 PM
Dragon
 
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Thanks!...Here is just a little excerpt from one chapter in my book, somewhat explaining the equity jurisprudence in Florida...You have to know this, especially in trust law, as trust law is equity....
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Law versus Equity - Which Court Jurisdiction Am I In?

Lawyers in Florida have had very little, if no experience, with the system of common law and equity pleading in Florida. Florida used to follow an archaic system of pleading used in England on July 4, 1776 as modified by statute. It is not possible to practice law intelligently in Florida without an understanding of the basic principles of ‘common law’ and ‘equity’ pleading, also referred to as ‘chancery’. Older decisions of the courts used the early terminology called chancery which is now referred to as equity. If the reader or his lawyer does not fully understand equity practice and procedure, he cannot understand what happens in court and will not know how to defend his homestead and property rights. This chapter contains a discussion of those principles and the legal terminology used. References have been made throughout this book to the common law or equity equivalents of the equity practices and procedures discussed. This chapter is an explanation of pleading systems that have not yet been abandoned by modern day courts, so no case citations or authority references are really necessary. The descriptions follow the Florida variations of legal practice when Florida law practice varied from common law or classical equity pleading. Court decisions and rulings before 1950 were often controlled by the former legal procedure of England.

Attorneys should have at least a basic understanding of the laws of equity; which is also the law, as equity follows the law. It seems that at least in Florida, attorneys are grossly under educated in equity law and the rules of equity jurisprudence. The change or ‘merger’ of law and equity took place in 1954. You will find the real starting place to justice is in ‘equity’, and those that have cried; "I want my "common law rights" erroneously should really have been crying out “I want my rights in equity” and may have been in error expecting the law to protect them. What you want to do if you end up in a law suit regarding your real property is to invoke the equity jurisdiction of the court.
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