Florida Business Litigation Blog
What is a Prior Material Breach and What Does it Mean for My Contract?
Most lawyers can recite the elements for a cause of action for breach of contract. However, not as many lawyers can explain the effect of a prior material breach on a contract. This article analyzes prior material breaches and the … Read Full Post
The SAFE Banking Act and Cannabis: Why Banks Should Take Notice
Although the attention of the political world is currently drawn to impeachment hearings and the countless nominees vying for the Democratic presidential nomination, Congress has still found time to work on a bill that would allow banking institutions to transact … Read Full Post
The Professional Service Corporation: A Deeper Dive Into Florida Statute Chapter 621
The P.A., or P.L.L.C. is a corporate structure specifically designed for various licensed professionals who wish to hang their shingle and start their own practice. Fla. Stat. Ch. 621, also known as the Professional Service Corporation and Limited Liability Company … Read Full Post
Your Skin Is A Canvas: Tattoo Parlors and the First Amendment
Earlier this year, I wrote about a unique land use issue and some very specific First Amendment free speech implications related to the regulation of charitable donation bins (The Right to Blight – Charitable Donation Bins, Freedom of Speech, and … Read Full Post
Prejudgment Writ of Garnishment
Motion and/or Affidavit of Prejudgment Writ of Garnishment, §77.031 Fla .Stat. Garnishment is a statutory remedy used to reach tangible or intangible personal property of a debtor while that property is in the hands of a third party. A very … Read Full Post
The Corporate Representative’s Deposition: Proper Preparation Prevents Poor Performance
As my high school baseball coach used to say, “proper preparation prevents poor performance.” The saying is equally applicable in preparing for any deposition. Litigation often involves depositions of witnesses, which can be fact witnesses, expert witnesses, as well as … Read Full Post
Prejudgment Writ of Attachment in Florida
The Motion and Affidavit for Prejudgment Writs of Attachment Normally, attachment occurs after a judgment has been entered by the court. However, the trial court has the authority to order a writ of attachment to a debtor’s property prior to … 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
The Servicemembers Civil Relief Act: An Introduction For Creditors
Northeast Florida has some of the largest Naval bases in the country and many active duty military personnel call the area home. These servicemembers faces stresses that those of us in civilian life will likely never encounter, such as long … Read Full Post
Three Contract Provisions A Small Business Cannot Live Without-From A Litigator’s Perspective, Part 4: Contractual Provisions (Prejudgment and Postjudgment Interest)
Every small business contract should include a provision that states that the business is entitled to recover the maximum rate of interest permitted by law both prejudgment and postjudgment. Many contracts provide for the recovery of interest, but very few … Read Full Post