Blogs & Resources

Proposals for settlement are a very effective tool to bring contested litigation to a mutually agreeable resolution. If utilized by a Plaintiff, it can create a fee mechanism where a basis may not otherwise exist. When a plaintiff is considering a proposal for settlement, there are specific procedures which must be followed in order for the proposal to be valid and enforceable if accepted. If the proposal is not accepted by the defendant and the procedure is followed correctly, a plaintiff may still be able to secure attorneys’ fees and costs associated with the litigation thereafter.

By: Harry M. Wilson, IV, Esq. and James D. Stone, III

In these tough economic times many construction liens are often erased by superior mortgages, such as when the lender forecloses on the property. In the past this would often lead to the lienor being left without a way to collect if the project owner was insolvent. Florida Statute §713.3471 and a recent ruling in Whitehead v. Tyndall Federal Credit Union has, however, provided another avenue for a lienor to recover costs. To read more click the title. . .