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 to creditors. See §559.552, Fla. Stat. (2019); Kelly v. Duggan, […]
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 much litigation for insurance companies as it hopes to alleviate. […]
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 to protect all those insured by a particular company and […]
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 actions after payment default, a creditor could recuperate collateral assets […]
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 which a large portion of the business may be operated […]
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 waters. This article will first consider retrials generally and the […]
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 lease term has ended. In these situations, the owner or […]
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 action to replace lost income or minimizing expenses. This may […]
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 parking may be a material term of the commercial lease […]
A homeowner association and a condominium association have a duty to maintain their common property. That duty is generally provided for in Florida Statutes and the express duties are usually set forth in the Declaration of Covenants and Restrictions. For homeowners’ associations, the duty is set forth in Fla. Stat. […]