Author Archives: Austin B. Calhoun, Esq.
Serving a Defendant in a Residential Foreclosure Action by Publication
A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. All named defendants will need to be notified of the lawsuit by being served process with a copy of the complaint and … Read Full Post
Florida’s Fast-Track Residential Foreclosure Process
Since 2013, residential foreclosure actions in Florida have been significantly shortened—from over two (2) years to possibly less than six (6) months—because of the new “fast-track” process provided in section 702.10, Florida Statutes. This fast-track foreclosure process starts with the … Read Full Post
You received an OSHA citation, now what? Steps any business should consider in response to an OSHA citation
Within the last six months an inspector from the Occupational Safety and Health Administration (“OSHA”) visited your premises and you just received a “Citation and Notification of Penalty” for violations allegedly identified during the OSHA inspection. Now what? OSHA citations … Read Full Post
Certification of Original Promissory Note is Required To Bring a Mortgage Foreclosure Action
In 2013, the Legislature enacted Section 702.015, Florida Statutes, which sets forth new pleading requirements for residential foreclosure actions. At that time, the Legislature requested the Florida Supreme Court to amend the Florida Rules of Civil Procedure to provide expedited … Read Full Post
Bringing a Residential Foreclosure Action? You Need a Verified Complaint
In 2010, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.110(b) to include a verification provision in foreclosure complaints. Subsequently and in an effort to expediate the residential foreclosure process in Florida, the Legislature enacted Section 702.015, Florida … Read Full Post
Tips and Strategies for Building Owners to Closeout a Construction Project
Winding up a construction project and transitioning occupancy to the building owner (i.e. project closeout) can be a harrowing ordeal for an owner with little to no construction experience. Even for experienced owners, Project closeout can be a challenge and … Read Full Post
Florida Construction Lien: Final Furnishing – Does It Include Punchlist Or Closeout Work?
This blog is part of a series covering a critical component of a Florida construction lien—recording the claim of lien within 90 days’ of “final furnishing.” Failing to record a claim of lien within the 90-day final-furnishing deadline renders the … Read Full Post
Florida Construction Liens: First Furnishing. What does it mean?
The Florida Construction Lien Law can be a contractor’s best tool for getting paid in full. While the Lien Law ultimately helps ensure full payment for contractors, it is not always clear regarding the procedural requirements for perfecting lien rights. … Read Full Post
Florida Business Break-up 101: Issues, Mechanisms, Planning, Forcing, Defending and Valuation
A Florida business break-up can be messy. However, it doesn’t have to be that way. Instead, owners of a business who plan ahead with consideration of potential future challenges can help ensure an amicable break-up, free of drama or difficulty. … Read Full Post
Deciding Whether To Sue For Injunction, And What Is The Process To Obtain Injunctive Relief
Suing for an injunction in Florida is all about preserving the status quo. Therefore, it’s important to not consider it a tool for righting a wrong. Rather, it’s about dealing with the future, not something that happened in the past. … Read Full Post