Florida Business Litigation Blog
Checklist Of What To Include In Your Florida Articles Of Incorporation
Florida Law requires that any new company wishing to incorporate in the state of Florida file articles of incorporation with the Florida Department of State. The articles of incorporation is the document that establishes the formation of the company. If … Read Full Post
Florida Adopts Daubert as Standard for Admission of Expert Testimony
In 1923, the United States introduced the Frye standard to determine the admissibility of scientific evidence in a court of law. In Frye v. United States, the Circuit Court of Appeals for the District of Columbia ruled that for the … Read Full Post
Real Property Purchase and Sale Agreements: Beware of the Notice Provisions
Real property purchase and sale agreements often contain detailed requirements pertaining to termination, inspection, placing of deposits, and even the form in which certain notices to parties must be provided. Of course, parties to such agreements must read and understand … Read Full Post
Florida 2019 Legislative Update For Local Governments: Permit Fee Transparency
Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”. But as bad … Read Full Post
Lease Agreements: Beware of the Lease Renewal Language
Many leases contain renewal language, allowing the lessee to renew the lease term after the original lease term expires. These provisions sometimes contain notice requirements and fulfillment of certain conditions precedent. In some instances, the leases may automatically renew. In … Read Full Post
Florida’s Banking Statutes of Frauds § 687.0304 Weeds Out Borrower Claims Based On Oral Agreements
Florida’s Banking Statutes of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute makes it difficult for plaintiffs to maintain tort-based claims that might otherwise flow from the written … Read Full Post
The Fair Credit Reporting Act
This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act. The article examines what steps a furnisher of information, like a bank, credit union, or credit … Read Full Post
Wage Garnishment: Does Florida’s Head-of-Household Exemption Apply to Independent Contractor Income
Often, an entire household is dependent upon the wages earned by a single head-of-household. To protect the financial well-being of these dependents, the Florida legislature has exempted some of these wages from wage garnishment. However, Florida courts have struggled to … Read Full Post
Can A Bank Issue A Loan Secured By Its Own Stock?
On occasion a lender is confronted with a complicated question of whether it can lend based on collateral in the form of its own stock. Unfortunately, this is not legally acceptable collateral, as neither a national, nor a local Florida … Read Full Post
“As Is” And NO Warranty Provisions In Contracts: Are They Always Enforceable?
Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase. Many of those contracts contain “as-is” or “no warranty” provisions. These types of provisions may … Read Full Post