Florida Business Litigation Blog


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

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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

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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 service members faces stresses that those of  us in civilian life will likely never encounter, such as … Read Full Post

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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

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Social Purpose Corporations and Benefit Corporations in Florida

Corporations that want to make a profit and, at the same time, act in a socially conscious manner can incorporate as Social Purpose Corporations (“SP Corp.”) or Benefit Corporations (“B Corp.”) under Florida law.  This type of structure can help … Read Full Post

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Three Contract Provisions A Small Business Cannot Live Without – From A Litigator’s Perspective: Attorneys’ Fees Provisions

Including an attorneys’ fees provision in a small business contract is vital when a small business wants to sue to enforce its contract.  Without an attorneys’ fees provision, a lawsuit may become cost prohibitive for a small business. Part 1 … Read Full Post

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Spoliation Of Evidence: When Does An Individual Or Business Have An Obligation To Preserve Evidence?

When litigation arises, parties to that litigation need evidence to prove their cases.  In many instances, non-parties may have documentary evidence to support and/or refute the litigants’ positions in that lawsuit.  But, what is a non-party’s obligation to preserve evidence … Read Full Post

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Why An Exclusive Venue Provision (Forum Selection Clause) Is Vital For Small Business Contracts In Florida

An exclusive venue provision, or commonly referred to as a forum selection clause, is an integral part of every small business contract.  Including an exclusive venue provision in a small business contract is extremely important for a small business that … Read Full Post

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Three Vital Small Business Contract Provisions That You Cannot Live Without – From a Florida Litigator’s Perspective

A large part of my practice involves litigating contract disputes on behalf of small businesses.  I frequently receive inquiries from small businesses that are looking to enforce their contracts.  More times than not, the small business has a poorly drafted … Read Full Post

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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

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