Author Archives: D. Brad Hughes, Esq.
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
Relevant Issues in Punitive Damage Claims in Business or Commercial Litigation
I initially wrote an Overview of Florida Law on Punitive Damages Claims in Business or Commercial Litigation a few years’ ago. This article is meant to build upon the information provided in my initial article. In Federal Court, there is no requirement to proffer evidence of punitive damages prior to seeking financial net worth discovery. It is really important to understand this concept because in Federal Court it is much more difficult to prevent financial discovery then in State Court. Read Full Post
Quick Tips for Association Board Members: The Four B’s of Writing Minutes for Board Meetings
The minutes of any meeting of the Board of Directors for a Condominium Association or a Homeowners’ Association are public records per Florida law. The minutes are required to be kept for 7 years. Fla. Stat. 718.111(12); Fla. Stat. 720.303(4). … Read Full Post
Contractual Language That May Successfully Limit Fraud Claims
Businessmen and women have been trying to eradicate fraud claims through contractual language since the beginning of Florida jurisprudence. Historically, the attempt to “kill fraud claims with a contract” have been largely unsuccessful. Essentially, an attempt to eliminate fraud via … Read Full Post
Aggressive Collection Strategies: Using Proceedings Supplementary to Get Paid
In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29. The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure. In the recent past this created a lot of confusion … Read Full Post