Monthly Archives: February 2013

Is not reading the contract a defense to enforcement of the contract?

By: Charles B. Jimerson

Occasionally in litigating contract actions I will run into the laughable defense of “I didn’t read the contract, so therefore I shouldn’t be subject to it.” That is not a viable defense under Florida law. It is well settled Florida law that a party has a duty to learn and know the contents of a proposed contract before he signs it and therefore, one who signs a contract is presumed to know its contents. Wexler v. Rich, 80 So. 3d 1097 (Fla. 4th DCA 2012). Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

The Treatment of HOA Liens During a Debtor’s Bankruptcy Proceedings

By Hans C. Wahl, Esquire

Homeowners’ Associations (HOAs) have remedies available, under Florida law, when its residents fail to pay their periodic HOA assessments in a timely manner. One such remedy is a statutory lien pursuant to Chapter 720, Florida Statutes. According to Florida law, when a community is subject to mandatory HOA fees, the HOA has the statutory authority to levy assessments and to secure its claim for any unpaid assessments by placing a lien on the debtor’s property within that community. Fla. Stat. § 720.3085(1). Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , , ,

The Governmental Unit Exemption to the Automatic Bankruptcy Stay Extends to a Final Judgment for Attorneys’ Fees as a Sanction

In every bankruptcy action that is filed, a stay of any collection-type activities automatically comes into place for the duration of the pending action.  However, there are certain proceedings that are exempted from this automatic stay and allowed to proceed … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Make Sure You have Addressed all Pending Counterclaims and Affirmative Defenses Prior to Moving for Final Summary Judgment of Foreclosure

After filing a foreclosure action and receiving a response from the Plaintiff, it is common to obtain the needed documentation, including supportive affidavits, and move quickly for summary judgment.  However, a recent decision from the Fifth District Court of Appeals … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: