Have a dispute regarding an interpretation of the Florida Building Code (the “Code”)? Building officials in the State of Florida are given a lot of leeway in enforcing and interpreting the Code; however, there are mechanisms to keep them in check. Read my blog concerning the processes, including Petitions for […]
Though Florida was one of the first states to enact legislation permitting the organization of limited liability companies (“LLC”), usage of LLCs as a corporate form is still a relatively new concept. With the Florida Limited Liability Company Act of 1999 and the passage of certain taxation legislation, LLCs are […]
Effective October 2018, lenders have a new remedy in a foreclosure proceeding to expedite the final resolution of the proceeding. Section 702.12, Florida Statutes creates a presumption in favor of the lender that the borrower waived any defense to a foreclosure proceeding when the borrower’s debt was discharged in a […]
The Florida Rules of Civil Procedure allow any party to request from another party production of relevant electronically stored information (“ESI”) if the ESI is in the custody and control of the producing party. Fla. R. Civ. P. 1.350. “Custody and control” not only includes desktop computers, but also mobile […]
Litigation can bring a lot of headaches for a business and the discovery process can certainly be one of them. The vast majority of the discovery process is dealing with a party’s electronically stored information, or “ESI.” Due to the times we live in, the amount of relevant electronic evidence […]
Obtaining a judgment is only half the battle. The victorious party still needs to collect on that judgment. When garnishing bank accounts doesn’t work and assets aren’t readily available to seize, clever creditors attorneys have obtained the debtor’s interest in other litigation to help settle the outstanding debt. The following […]
Businesses often do not learn that they are in violation of the Americans with Disabilities Act (ADA) until they are hit with a lawsuit from a disabled person. At that point, some business leaders think that it is too late to do anything to help minimize their liability. However, there […]
The construction industry is booming again in Florida. As a result, many people are seeking to take advantage of this by becoming licensed contractors. Chapter 489, Florida Statutes and 61G4-12 through 23, Florida Administrative Code sets forth the requirements for an applicant to achieve initial licensure. In Florida, an individual […]
What option do you have when your condominium association board has conducted its self in a manner that your community believes is not in its best interests? Depending on election terms and cycles you may not want to endure years of poor decision making or inaction. While the offending board […]
What option do you have when your condominium association board has conducted its self in a manner that your community believes is not in its best interests? Depending on election terms and cycles you may not want to endure years of poor decision making or inaction. While the offending board […]