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Author: Jimerson Birr

Overview of a Trust Beneficiary’s Remedies Under the Florida Trust Code for Breach of Trust

January 24, 2023 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust.  See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010).  The Florida Trust Code defines a trust beneficiary as […]

Five Key Provisions Construction Material Suppliers Should Include in Customer Credit Agreements

January 23, 2023 Construction Industry Legal Blog, Manufacturing & Distribution Industry Legal Blog

Material suppliers in the construction industry will often need to extend credit to their contractor and subcontractor customers due to the payment cycle on construction projects that can often run 30 days, 60 days or even longer.  Due to this, suppliers of construction materials will often need to enter into […]

Recent Florida Case Highlights Accord and Satisfaction and Final Payment Contract Provisions as Potential Traps for the Unwary Contractor

January 23, 2023 Construction Industry Legal Blog

A recent opinion by a Florida appellate court, Construction Consulting, Inc. v. District Board of Trustees of Broward College [1], is a cautionary tale for contractors.  It highlights that construction contractors need to be vigilant regarding the terms of their contract related to final payment and any conditions put on […]

The Duval County Property Fraud Alert System: Litigating Home Title Fraud

January 20, 2023 Real Estate Development, Sales and Leasing Industry Legal Blog

In the modern age of intentional, targeted fraudulent activity, homeowners may find themselves subject to an increasingly popular form of cybercrime: home title fraud. Home title fraud is perpetuated through identity theft and property fraud, allowing criminals to use stolen titles to carry out other types of fraud. This blog […]

Florida Professional Service LLC Personal Liability Protections: Perks and Pitfalls

January 20, 2023 Professional Services Industry Legal Blog

Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally […]

How Long Does a Florida HOA or Condominium Association have to foreclose on a HOA/COA Lien?

January 20, 2023 Community Association Industry Legal Blog

Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. However, to perfect the assessment as a […]

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