Prior to 2005, bankruptcy courts across the nation were plagued by fraudulent bankruptcy filings by individuals who just wanted to get rid of their debt, but who did not necessarily qualify for such relief. To deal with the overwhelming number of abusive bankruptcy actions, Congress passed into law an act […]
When purchasing a home or renovating an existing inhabitance, property owners should be aware of certain basic issues that can cause legal problems under Florida law. This post is designed to address some issues that may arise in the process and provide basic guidance on what consumers need to be aware of.
Featured in the April 2012 Issue Partner’s Perspective J&C Supports Upcoming Golf Tournament Benefiting UNF Students New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
In an April 27th article in the Jacksonville Business Journal, Charles Jimerson was quoted regarding a Downtown riverfront condo project that abruptly stopped construction because of the down real estate market.
Contract reformation is an equitable remedy that acts to correct an error not in the parties’ agreement but in the writing that constitutes the embodiment of that agreement. It is designed to correct a defective or erroneous instrument so that it reflects the true terms of the agreement that the parties actually reached and, at its essence, acts to correct an error not in the parties’ agreement but in the writing that constitutes the embodiment of that agreement. The doctrine has evolved such that if a document is to be reformed, it should reflect the true intention of the parties. Florida courts employ this equitable measure in order to preserve the sanctity of the contracting parties’ negotiations and the spirit of the deal.
Occasionally we represent a bank that has multiple parcels of property to foreclose upon in order to obtain pledged collateral on a non-performing loan. Regretfully, we often have to maintain separate actions and are unable to consolidate those actions because the parcels are in different counties which lie in different […]
Most bank lending documents (and commercial contracts for that matter) contain a merger clause, which explicitly states that the agreement itself embodies the entire understanding nd agreement between the parties and further supersedes any and all prior agreements, promises, negotiations, representations, understandings, or inducements, whether express or implied, oral or written, regarding the terms of the agreement between the parties. Therefore, by the express contractual terms of the parties, the integrated agreement itself, subject to limited exceptions, will embody the entire agreement between the parties. The effect of this clause is to bar parties from reaching outside the confines of the written agreement to impose additional contractual duties upon the other party. This often becomes an issue when a claim or defense of fraudulent inducement is asserted in attempt to vitiate an integrated document. This blog post will endeavor to analyze the interplay of a fraud in the inducement defense/claim with a merger clause.
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 […]
Featured in the March 2012 Issue Partner’s Perspective J&C Managing Attorney Achieves Prestigious Peer Rating Support Upcoming Junior Achievement Lawyers’ Bowl-A-Thon New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
The 2010 edition of the Florida Building Code took effect March 15, 2012. Generally, the most significant changes were to wind load design and construction. Recent studies have confirmed what everyone in the state suspected: South Florida gets more hurricanes. Specifically, the most changes were those dealing with wind design […]