Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) provides creditors with various remedies. See Charles B. Jimerson’s blog post on the various remedies under FUFTA, Remedies for Creditors Under FUFTA Chapter 726 – Part I: Who May Be Liable. However, while FUFTA provides creditors with various, nonexclusive remedies, do these remedies cover […]
Involuntary Bankruptcy is used by some creditors to force an alleged debtor[1] into bankruptcy. From the perspective of a debtor, an involuntary bankruptcy carries serious consequences, including loss of credit standing. The impact on a debtor’s credit report and to her credit score can follow a debtor for years, even […]
In Florida, fraudulent transfers fall under the Florida’s Uniform Fraudulent Transfer Act (“FUFTA”). The Florida statutes comprise the FUFTA, and the statutes lay out the elements needed to assert a FUFTA claim, as well the types of remedies that will be afforded when bringing a FUFTA claim.
It’s that time of year again. Every August, the county property appraisers throughout the state of Florida, mail their annual “TRIM” notices to all owners of residential and commercial property. If you are a property owner, you may be quite familiar with this notice, which prominently states “DO NOT PAY […]
AN OVERVIEW OF FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT Part three of a three-part series This post is Part Three of a Three-Part Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) feature. Part One discussed who FDUTPA protects and why it is needed. Part Two discussed what conduct is […]
AN OVERVIEW OF FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT Part two of a three-part series The first article in this continuing series on Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) examined the purpose of FUDTPA, who the act seeks to protect, why the act is needed, and what […]
Sometimes during the course of a disputed matter, you find out that one of the witnesses to the action is deceased. This presents a problem for obvious reasons since that witness was not deposed in the case yet. This situation often arose in a business litigation matter concerning the value […]
Part I: Basic Overview of the Merger and Acquisition Process A primary goal for many start-ups and new businesses is to eventually sell the company, even if the founders intend to remain with the company. Selling your company can result in a gigantic payday and provide continued vitality for the […]
Florida’s Fifth District Court of Appeals is shaking up the construction defect statute of repose once again.[1] A recent 5th DCA opinion implies that the 10-year construction defect statute of repose does not start to run at the closing of a purchase of a newly-constructed home if there remains punch-list work to complete after closing.
On March 30, 2017, the Florida House of Representatives unanimously passed House Bill 377. The Bill is still working its way through the Senate, but has received a favorable response and is predicted to pass. If it becomes law, HB 377 will amend the construction defect statute of repose to clarify that the “date of completion of the contract” is the date that final payment becomes due.