A recent opinion by a Florida appellate court, Construction Consulting, Inc. v. District Board of Trustees of Broward College [1], is a cautionary tale for contractors. It highlights that construction contractors need to be vigilant regarding the terms of their contract related to final payment and any conditions put on […]
In the modern age of intentional, targeted fraudulent activity, homeowners may find themselves subject to an increasingly popular form of cybercrime: home title fraud. Home title fraud is perpetuated through identity theft and property fraud, allowing criminals to use stolen titles to carry out other types of fraud. This blog […]
Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally […]
Prior to trial, an insurer, like any party to litigation has a right to “conduct a reasonable examination of each juror orally.” Fla. R. Civ. P. 1.431(b). The goal of this examination is “to obtain a fair and impartial jury, whose minds are free of all interest, bias or prejudice.” […]
Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. However, to perfect the assessment as a […]
The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer. When […]
The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. When […]
The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute and how to defend against such claims. Many times, consumer lawyers bring claims for technical violations of the statutes, or even when there has […]
When towing companies tow vehicles in the State of Florida, Section 713.78 provides protection to ensure they are paid for their services. While the owner of the vehicle may not want to pay for the towing company’s services and may not want to retrieve the vehicle for whatever reason, lienholders […]
When motor vehicle repair shops perform repairs to a vehicle, the Florida Statutes provide protection to ensure that the repair shop is paid for the services performed. While the owner of the vehicle may not want to pay for the services and may not want to retrieve the vehicle for […]