Tag Archives: Business Litigation

Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA.  This article explores Section 559.77’s bona fide … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Construction Industry Law Blog Practice Areas: , , , , ,

Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA

All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”).  The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes.  The FCCPA is intended to protect consumers and is intentionally unfair … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Construction Industry Law Blog Practice Areas: , , , , ,

Does an Insurer Have a Duty to Defend a Claim Immediately Upon Receipt of a Florida Chapter 558 Construction Defect Notice?

Construction projects are fragile and issues often arise when the project in practice doesn’t match the project in planning. Resolving these issues has become more standardized with the enactment of Florida Statutes Chapter 558, but the chapter may create as … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

What is the best evidence of death to claim life insurance benefits when death is disputed?

Life insurance protects us after our loved ones pass away, but only if we are entitled to its benefits. Unfortunately, dealing with a death can only be made more difficult by having to prove the death actually occurred. In order … Read Full Post

CATEGORY: Banking & Financial Services Industry Practice Areas: ,

Bankruptcy 101: What Secured Lenders Need to Know About Common Bankruptcies

Bankruptcy filings indicate a debtor’s lack of working capital and, justifiably so, strike concern into any lender still hanging on to a promise of payment from their debtor. But, depending on the creditor’s agreement with the debtor and the creditor’s … Read Full Post

CATEGORY: Banking & Financial Services Industry, Florida Business Litigation Blog Practice Areas: , ,

Treatment of Commercial Leases in Bankruptcy

The novel coronavirus pandemic and related government “stay at home” and “shelter in place” orders are causing serious negative financial impacts to business of all types.  Many of the hardest hit industries, such as restaurants and retailers, are industries in … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , ,

What Litigants Need to Know About Retrials of Civil Cases in Florida

A retrial in a civil case is not an everyday occurrence, even for frequent litigants like financial services or insurance companies. This article is meant to guide those who frequently access the court system in navigating through these rarely traveled … Read Full Post

CATEGORY: Banking & Financial Services Industry, Florida Business Litigation Blog Practice Areas: ,

Commercial Evictions 101

One of the most important considerations for commercial property owners and managers is maintaining tenant occupancy.  However, commercial property owners and managers will inevitably encounter tenants who refuse to pay rent or who refuse to vacate the premises after the … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , ,

Navigating Business After Coronavirus (COVID-19)

Everyone is ready to get back to business and for business to get back to normal.  However, it appears that we are going to have a new normal in the business world.  At first, we will likely see businesses taking … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Does the Failure to Provide Adequate Parking Constitute a Material Breach of a Commercial Lease Agreement?

Adequate parking is essential to most businesses.  Sufficient parking is needed for a business’s employees, customers or vendors.  Most commercial lease agreements will address parking or will address common areas, which may include parking.  Depending on a tenant’s business, adequate … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: ,