Blogs & Resources

Parties must consider numerous issues when entering into commercial lease agreements. Such considerations encompass everything from the express and implied duties of each respective party to the remedies afforded to each party in the event of a breach. This blog post is Part I in a series of posts providing an overview of important considerations for commercial lease agreements. Part I discusses mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved.

Many entrepreneurs create business entities to operate their businesses, to facilitate commercial ventures, and to shield themselves from personal liability.  The business maintains a separate and distinct identity from that of its owners or related entities.  However, the mere shell of a corporate structure is not always enough to avoid […]

This blog post is part II in a series of blogs posts discussing the recovery of attorneys’ fees.  Part I explored some considerations in the recovery of attorneys’ fees when the recovery is by virtue of a contractual provision.  This second post in the series discusses those scenarios where a […]

The recent amendments to the Federal Rules of Civil Procedure (the “FRCP”) became effective on December 1, 2015, and they govern all cases pending and commenced on and after that date. The changes impact several rules of the FRCP, including those governing early case management, the scope of discovery, and preservation of electronically stored information (“ESI”). These amendments will undoubtedly have an effect on civil litigation practice. Key changes were made to the overall scope of discovery in an effort to address the increasing costs and considerable expense of resources involved in the discovery process. This article focuses on the changes to the rules of discovery and how those changes may affect civil litigation practice.

Many new home purchases also include structural warranties, which, as the name suggests, provide warranty coverage for problems with the home’s structure, including walls, columns, framing, and roofing. These warranties often include arbitration clauses, which can have consequences for the homeowner’s legal strategy if he has to file suit to enforce his warranty claims.

If you are considering bankruptcy for your insolvent business, an Assignment for the Benefit of Creditors (“ABC”) might be your answer. An ABC is a less expensive, quicker, quieter, and simpler alternative to traditional bankruptcy. An ABC is a state law procedure utilized to liquidate a failed, insolvent, or no longer viable business. Fla. Stat. § 727.101. An ABC is normally much simpler and usually less expensive than a comparable bankruptcy proceeding. This savings means larger payouts to both unsecured and secured creditors. This blog provides a general overview of the ABC process, and highlights a few benefits of ABC as compared to a Chapter 7 bankruptcy.

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial and that, if a party is victorious at trial, he automatically obtains or is provided with the award he was granted in court. For instance, if one party sues another for $1 million and prevails at trial, the thinking goes, then, upon conclusion of the trial, the other party just hands over the million dollars. Unfortunately, this is not the case.

Real property rights in the United States and in Florida are constitutionally protected. In Florida, Article X of the Florida Constitution protects a “taking” of one’s private property without just or full compensation. When government action results in a “taking” of private property, such action results in eminent domain or inverse condemnation claims. The focus of this post is inverse condemnation claims.

When a real estate transaction fails to close, there are a multitude of legal issues that arise for the buyer, seller, and real estate broker. Often times the buyer’s earnest money binder or “deposit” is being held by a third party escrow agent. Both the buyer and seller are making conflicting claims to the binder. Section 475.25(1)(d)1., Florida Statutes, sets for the statutory procedure that real estate professionals should follow in the event of conflicting binder claims. Remember that real estate agents and brokers are regulated by the Florida Department of Business and Professional Regulation so they must follow some specific procedures in the event of a binder dispute. These procedure are outlined generally by Florida Realtors® and include seeking an Escrow Disbursement Order, Arbitration, Mediation or Interpleader. This blog will focus on the use of Interpleader Actions for escrow binder disputes in Florida.

In Florida, recovery of attorneys’ fees in eminent domain and inverse condemnation proceedings is governed by Sections 73.091 and 73.092 of the Florida Statutes. Section 73.092 provides a mechanism for determining an award of attorney fees, based on the “benefits achieved for the client.” But, what if the state agency/condemning authority excessively litigated the case, such that the formulaic computation under that statute was unfair to the property owner? A recent Florida Supreme Court case addressed this issue. Joseph B. Doerr Trust v. Central Florida Expressway Authority.