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Author: Austin B. Calhoun, Esq.

Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action

July 20, 2020 Banking & Financial Services Industry Legal Blog

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 foreclosure proceedings in conformity with Section 702.015. As such, the […]

Bringing a Residential Foreclosure Action? You Need a Verified Complaint

July 7, 2020 Banking & Financial Services Industry Legal Blog

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 Statutes, which sets forth additional pleading requirements for foreclosure complaints. […]

Tips and Strategies for Building Owners to Closeout a Construction Project

March 26, 2020 Real Estate Development, Sales and Leasing Industry Legal Blog

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 is often mishandled, leading to eleventh-hour emergencies, cost overruns, and […]

Florida Construction Lien: Final Furnishing – Does it Include Punchlist or Closeout Work?

April 8, 2019 Construction Industry Legal Blog

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 lien completely invalid and useless.  The trick is knowing when […]

Florida Business Break-up 101: Issues, Mechanisms, Planning, Forcing, Defending and Valuation

August 7, 2018 Banking & Financial Services Industry Legal Blog, Presentations, Professional Services Industry Legal Blog, Videos

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. And by having an experienced contract law attorney in your […]

Deciding Whether to Sue for Injunction, and What is the Process to Obtain Injunctive Relief

August 6, 2018 Presentations, Professional Services Industry Legal Blog, Videos

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. In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law […]

Construction Delays: What They Are, Why it Matters & How to Measure Them

August 2, 2018 Construction Industry Legal Blog, Presentations, Videos

Construction delays are incredibly costly for contractors and owners. Therefore, the best approach is planning ahead so you can avoid them, then being prepared to effectively manage them if they occur. In this video presentation recorded by Jimerson Birr attorney Austin B. Calhoun, there is an in-depth discussion that defines […]

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