Blogs & Resources

I recently came across a piece of information that I had never heard before in my last four years of litigating creditor’s rights cases. I have been advised that attorneys’ fees can never be granted on a Motion for Final Judgment after Default. Who knew? I have had hundreds of default judgments entered, nearly all of which included attorneys’ fees, without once being told that this practice was incorrect. So is it really incorrect?

Aside from foreclosing on a piece of real property, a Lender may utilize numerous other methods to recoup monies left unpaid on a mortgage note and to take control of a piece of property that may be losing value based on improper management.  In this first installment piece, we will […]

For well over a century, Florida’s Constitution has made the homestead exempt from the claims of creditors. Public Health Trust v. Lopez, 531 So. 2d 946, 948 (Fla. 1988). Florida’s constitutional provisions provides one of the most debtor-friendly homestead exemptions in the country, and debtors are permitted to divert substantial assets to the purchase of new and extravagant homes that can be shielded from creditors. Florida’s Unlimited Homestead Exemption Does Have Some Limits: Part I, 77 Fla. Bar J. 60 (2003). There are, however, exceptions to the rule. This blog post will focus on one exception: the creditor’s ability to collect on homestead property located in a municipality that exceeds one-half acre.

What do you think when you hear the word “e-discovery”?  If you are thinking about CD copies of printed PDF documents and web site screen shots, you have a lot to learn.  There is so much more a simple document can tell you when you obtain it in its native format […]

Have you ever represented a creditor in a bankruptcy action where the debtor and/or the debtor’s attorney seem to be dragging their feet in moving the action forward?  In these situations, it may feel like your client will never see relief for its claim.  However, there are multiple methods of […]

The Constitution of the United States of America is the ultimate authority which allows foreign judgments to be domesticated in Florida.  Judgments of any other state in the union may be domesticated in Florida, but its statute of limitations varies depending on how and why a petitioner is seeking enforcement.  […]

Some might say it is logical to think that if a complaint is dismissed with leave to amend within a prescribed time period that, should counsel fail to file an amendment, the case would automatically become dismissed with prejudice.  This is not the case under Florida law.  In fact, in […]

A recent conversation with another civil litigation attorney about a hearing on attorney’s fees prompted me to remember the good old days of law school when I first learned about pleadings.  I realized that, had I not had newly sworn in criminal Judge Tyrie Boyer as a professor of Florida […]

In today’s market, there is a much greater risk of investing labor and materials into a construction project as the probability of actually getting paid for your services is markedly reduced. In many cases, a lack of funding leads to abandonment of the project leaving vendors fighting to recover funds owed from whatever money is still left. In this situation, the only legal emedy may be an equitable lien against the real property.

It is standard practice among attorneys practicing in Florida to sign the affidavit in opposition to a claim of exemption from garnishment on behalf of their clients.  A case recently decided in South Florida has effectively changed the ability of attorneys to continue with such a practice.  Now, a very […]