Author Archives: D. Brad Hughes, Esq.
Community Stormwater Systems 101
A homeowner association and a condominium association have a duty to maintain their common property. That duty is generally provided for in Florida Statutes and the express duties are usually set forth in the Declaration of Covenants and Restrictions. For … Read Full Post
Minority Shareholder Oppression: Minority Owners Have Rights Too
In a closely held business in which one person or a small group of people have control over the company’s voting majority, life can be made difficult for a minority owner. Often times when there is a disagreement about the … Read Full Post
Assignment Of Benefits: New Law Effective July 1, 2019
A sweeping insurance reform bill was signed into law by the Governor on May 23, 2019. The law creates two entirely new sections in Chapter 627 of the Florida Statutes, which governs Insurance Contracts. The bill creates Section 627.7152, Florida … Read Full Post
Exit Strategy: What Are Considerations For Preparing To Sell My Business?
Selling your business is one of the most important decisions you will ever make. The reasons for selling your business can vary. It can be a well planned event culminating decades of hard work, it can occur quickly due to … Read Full Post
Condominium Association Conflict Of Interest And Required Disclosure
In 2017, Florida enacted legislation that specifically required disclosure when a condominium association conflict of interest arises between a director or officer and a vendor. Specifically, Fla. Stat. 718.3027(1) states that the two situations below create a rebuttable presumption of … Read Full Post
What Must Be Disclosed When Selling Residential Property In Florida?
Every state has different requirements for what must be disclosed when selling residential property. Some states don’t require any disclosure and some states require disclosure of facts that don’t tangibly affect the property, such as a murder or suicide. In … Read Full Post
Where Is The Appropriate Venue To Litigate A 713.24 Transfer Bond?
The appropriate venue for litigating the foreclosure of a construction lien is obvious. The appropriate venue must be the county in which the property is located. Clearly, the county in which the property is located must issue the foreclosure judgment … Read Full Post
Proceedings Supplementary To Florida Statute 56.29
Changes to supplementary procedures can be slight or dramatic. For Florida Statute 56.29, the redraft of the supplementary procedures fell in the latter camp. In this video presentation recorded by Jimerson Birr Partner D. Brad Hughes, there is an in-depth … Read Full Post
The Lanham Act, its Extraterritorial Reach, and How It Can Be Used to Protect Trademarks from Being Exploited Outside of the United States
As technology makes the word smaller, it becomes more and more important for companies to protect trademarks. The Lanham Act (15 U.S.C. §1051) protects owners of registered trademarks from use in commerce by another that is “likely to cause confusion … Read Full Post
Attorney’s Fees And Multipliers In Florida
The purpose of this article is to provide a general overview of Florida law on attorney’s fees and attorney’s fees multipliers. The breadth of this topic is such that a comprehensive review of all aspects of attorney’s fees is not … Read Full Post