By: Charles B. Jimerson
Occasionally in litigating contract actions I will run into the laughable defense of “I didn’t read the contract, so therefore I shouldn’t be subject to it.” That is not a viable defense under Florida law. It is well settled Florida law that a party has a duty to learn and know the contents of a proposed contract before he signs it and therefore, one who signs a contract is presumed to know its contents. Wexler v. Rich, 80 So. 3d 1097 (Fla. 4th DCA 2012).
Homeowners’ Associations (HOAs) have remedies available, under Florida law, when its residents fail to pay their periodic HOA assessments in a timely manner. One such remedy is a statutory lien pursuant to Chapter 720, Florida Statutes. According to Florida law, when a community is subject to mandatory HOA fees, the HOA has the statutory authority to levy assessments and to secure its claim for any unpaid assessments by placing a lien on the debtor’s property within that community. Fla. Stat. § 720.3085(1).
In every bankruptcy action that is filed, a stay of any collection-type activities automatically comes into place for the duration of the pending action. However, there are certain proceedings that are exempted from this automatic stay and allowed to proceed against the debtor during a pending bankruptcy action. One such […]
After filing a foreclosure action and receiving a response from the Plaintiff, it is common to obtain the needed documentation, including supportive affidavits, and move quickly for summary judgment. However, a recent decision from the Fifth District Court of Appeals has clarified when summary judgment is available following the filing […]
Attorney Charles Jimerson comments on receiverships.
Featured in the January 2013 Issue Partner’s Perspective Associate Kelly Karstaedt Named Secretary of Rotaract Jax New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
Section 362 of Title 11 of the United States Code provides for the Automatic Stay in all bankruptcy proceedings, including Chapter 7, 11 and 13 filings. The Automatic Stay is invoked immediately upon a debtor filing for bankruptcy and once invoked it instantly halts all actions by creditors to collect on pre-bankruptcy debts.
The Notice of Commencement is the most useful document for a contractor or subcontractor to obtain necessary information to perfect lien rights. The Notice of Commencement is referred to as the “source document”. A contractor or subcontractor who records a construction lien has the right to rely upon the information contained in the Notice of Commencement when attempting to perfect their construction liens. If the information in the Notice of Commencement is wrong, it will not invalidate the lien. The Notice must contain the following information:
A new rule set forth by the Florida Supreme Court last year altered the manner in which attorneys have been serving court papers by requiring service by electronic mail, or “e-mail.” Although the rule is fairly straight forward, this attorney has noticed that the majority of e-served documents received do […]
Construction litigation is expensive. In many cases, attorneys’ fees comprise a large portion of the cost; however, they are not the only significant cost. Increasingly, expert witnesses are needed to address very technical design and construction means and methods issues. Many cases will require multiple experts. Expert witness fees increase […]