Engagement Ring, Loans, and Property

[SunChaser]

What is the name of your state? California and Florida

I got engaged in California, then moved to Florida to live with my then fiance. Things were terrible and the engagement was ended a little over four months after it began. She had gone on a one week trip and told me she didn't want to talk to me, upon her return I told her it was over (obviously). We didn't even sleep in the same bed 95% of the time. She has refused to return the $16k engagement ring. I had loaned her $20k to buy the house. I purchased numerous things for our use while in the house (plasma TV, furniture, bed, etc.) A laptop for her to use since hers was broken and she could not afford to buy one at the time to do her work. She is a California licensed attorney (and now possibly a Florida licensed attorney). She told me to sue her if I want any of it back. Can I get the ring back? What state should I sue her in? I happen to be a resident of the state of Nevada during this entire time if that matters. What should I do and how can I find a good attorney to take this case?

 

[BelizeBreeze]

You would need to sue her in Florida for the debts and probably California for the ring, although there is a question of jurisdiction for that transaction.

 

[BelizeBreeze]

And I hope you kept receipts for the rest of the debt. On the ring, the basic action of Replevin will rule.

The Florida court in Gill v. Shively, 320 So. 2d 415 (Fla. Dist. Ct. App. 1975), similarly followed this rule but given different factual circumstances. On April 19, 1974, the appellant/donor gave the appellee/donee a diamond engagement ring worth $3,620. Two weeks later, the appellee said she did not feel she was ready for marriage. The appellant brought a replevin action for return of the ring. His complaint was dismissed. The court of appeal reve rsed. It held that the ring was not an absolute gift but was conditioned on the consummation of the marriage. The condition failed. Thus, appellant had a valid cause of action.

The point is not so much who broke the engagement, but the reason for the break. If you can prove good cause, then you stand a good chance. As for the other debt, I would suggest the same strategy.

But, at the least, consult a florida attorney.

 

[SunChaser]

Any suggestions as to where I can find a tough Florida attorney? I assume it should be a divorce/marriage and family practice attorney.

Thanks for your advice BB. I was hoping you would respond. I read many of your other posts and found them to be helpful. By the way, NunYa....now that is funny!

 

[cyana24]

Any suggestions as to where I can find a tough Florida attorney? I assume it should be a divorce/marriage and family practice attorney.

You can either "ask around" for a tough attorney or try www.martindale.com. Many of the attorneys listed there have asked to be rated by their peers. I don't if a family practice lawyer is correct either - you may need someone better versed in Contract law.

 

[BelizeBreeze]

Any suggestions as to where I can find a tough Florida attorney? I assume it should be a divorce/marriage and family practice attorney.

Thanks for your advice BB. I was hoping you would respond. I read many of your other posts and found them to be helpful. By the way, NunYa....now that is funny!

I wouldn't say that too loud around here. I enjoy my REP
And I agree with cyn, hire the meanest ******* (or bitch) you can find in contract law.

 

[SunChaser]

Will a contract attorney be able to handle all of the issues: ring, loans, personal property? I've been trying to find a divorce attorney, sounds like I need a contract (killer!) attorney.

 

[BelizeBreeze]

Will a contract attorney be able to handle all of the issues: ring, loans, personal property? I've been trying to find a divorce attorney, sounds like I need a contract (killer!) attorney.

Do yourself a favor and contact a few attorneys who know contracts, a few divorce attorneys and a few general practice attorneys and do a short consultation then pick the meanest SOB of the group.

 

[LdiJ]

Not to rain on anyone's parade....but I see a potential problem for him.

She is an attorney.
He broke the engagement.
She moved from CA to FL (at his request?).

It suspect she may intend to make a counter-claim if he sues.

 

[SunChaser]

No, I moved to Florida at her request. The engagement break up was mutual I would say. When she leaves for a trip to California and tells me she doesn't want to talk to me while she is gone then I'd say that is a pretty clear sign of a mutual break up. I just took the hint.

 

[BelizeBreeze]

Not to rain on anyone's parade....but I see a potential problem for him.

She is an attorney.
He broke the engagement.
She moved from CA to FL (at his request?).

It suspect she may intend to make a counter-claim if he sues.

check the [recent] case law in florida.

 

[SunChaser]

As she is an attorney (Business/Contract/Negotiations/Transactions) is she not held to a very high standard? Is she not required to uphold a certain standard of ethics and morals based upon being an attorney. If I sue her in Florida and she is trying to become licensed in Florida I assume the Flordia Bar will look at her record, including pending cases. Am I wrong here?