Author Archives: Charles B. Jimerson, Esq.

Avoiding Shareholder Oppression Claims

The controlling shareholder—i.e., the shareholder with a majority of the voting power— in a closely-held corporation has significant influence over the corporation’s management and affairs. As a result, minority shareholders—i.e., those without a controlling number of shares—in a closely-held corporation face unique risks from the controlling shareholder, such as oppression and unfair treatment. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

I don’t recommend it, but this is what you must do to get a judge disqualified from your case in Florida

Judges have an ethical obligation to be fair and impartial, but sometimes there are circumstances where attorneys are within their rights to move to disqualify judges to ensure judicial neutrality. Disqualification is governed by rules and statutes, and attorneys in Florida are given a statutory right to disqualify judges if prejudice is feared. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Challenging Building Permit Denials in Florida

When a party wishes to construct, erect, alter, modify, repair or demolish any building in the state of Florida, obtaining a building permit is the crucial first step. Fla. Stat. § 5531.79(1). However, state agencies have the authority to deny or revoke a building permit if any plans regarding a building are not in conformity with the Florida Building Code. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Piercing the Corporate Veil in Florida: Essential Elements and Common Factors

For various reasons, a corporation’s limited liability shield for its shareholders is one of the corporation’s most valuable assets. Unfortunately, some individuals may abuse the corporate form’s limited liability status by using it to mislead or defraud creditors. For various reasons, a corporation’s limited liability shield for its shareholders is one of the corporation’s most valuable assets. Unfortunately, some individuals may abuse the corporate form’s limited liability status by using it to mislead or defraud creditors. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , , , ,

Are attorney’s fees awarded for dismissed involuntary bankruptcy petitions subject to being set off by the underlying judgment?

Sometimes a creditor is bold enough to place a debtor into involuntary bankruptcy in an attempt to recover an outstanding debt. In general, most petitions are accepted as a proper filing. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , ,

Impleading Third Parties in Proceedings Supplementary

Proceedings supplementary are powerful procedural mechanisms for judgment creditors with unsatisfied judgments. (See previous blog post, Florida Proceedings Supplementary 101.) However, properly impleading a potential third-party defendant under section 56.29, Florida Statutes, is a technical process that requires close attention to detail. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , ,

Florida Proceedings Supplementary 101

Winning a lawsuit and being rewarded a money judgment does not always lead to the plaintiff’s best day. For example, Plaintiff sues Defendant for breach of contract. During the trial, Defendant realizes she may lose the case and, as a result, be forced to liquidate most of her assets to pay the money judgment. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

Are Attorney’s Fees Available for Fraudulent Transfers in Florida?

Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) provides creditors with various remedies. See Charles B. Jimerson’s blog post on the various remedies under FUFTA, Remedies for Creditors Under FUFTA Chapter 726 – Part I: Who May Be Liable. However, while FUFTA … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , ,

Anti-tying Regulations: What Can a Bank Do and Not Do?

The state of Florida prohibits banks from using their own stock as collateral for extensions of credit. These prohibitions are known as anti-tying regulations. Tying is the practice of selling one product or service as a mandatory addition to the purchase of a different product or service. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

What Sort of Credit Remediation is Available to Alleged Debtor After Dismissal of an Involuntary Bankruptcy Petition?

Involuntary Bankruptcy is used by some creditors to force an alleged debtor[1] into bankruptcy. From the perspective of a debtor, an involuntary bankruptcy carries serious consequences, including loss of credit standing. The impact on a debtor’s credit report… Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: