How should you determine the most effective way to present your case, while at the same time maximizing information the trier of fact is able to retain? It is a well-known fact that individuals learn in many different ways. Accordingly, this makes it increasingly difficult for litigators to decide on […]
An involuntary bankruptcy case is typically commenced by a petition joined by at least three petitioning creditors. However, an involuntary petition may be filed by a single petitioning creditor if the debtor has 11 or fewer “qualified” creditors. This is often called the “numerosity” requirement. The Bankruptcy Code, in Section 303(b)(2), expressly defines which creditors count in the numerosity requirement. In determining whether there are 11 or fewer creditors, certain creditors are ignored, including (a) any employees of the debtor who are also creditors, (4) any “insiders” of the debtor who are creditors, and (3) any creditors who received voidable transfers under §§ 544, 545, 547, 548, or 724(a) of the Bankruptcy Code.
In a Landlord-Tenant relationship, there is always the possibility of bad blood emerging between the owner/lessor of the real estate and the tenant/lessee who leases that real estate. One of the most common causes for such bad blood results from disagreements surrounding the payment, or lack thereof, of rent. Landlords should be aware that once a landlord files a complaint against a tenant, a tenant must pay money and attention. The purpose of this blog post is to provide an overview of the “pay-to-play” system of eviction litigation in Florida, practical steps, and analysis for landlords to efficiently evict a defaulting tenant, while at the same time maximizing their potential to recover rent owed under the lease. This blog will explore § 83.232, Florida Statutes, as well as its significantly similar residential counterpart, § 83.60(2), Florida Statutes.
This blog post is part III in a series of posts providing an overview of important considerations for commercial lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Part II discussed the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees. Part III will focus on a tenant’s remedies, claims and defenses when a landlord breaches a commercial lease agreement.
When you purchase an insurance policy, you expect to be covered in unanticipated circumstances. However, if your insurer ends up denying your coverage for a legitimate claim filed under a valid policy, the insurer might be acting in “bad faith” and you may be able to bring a claim against […]
Charles Jimerson gives his tip, among former winners of the Jacksonville Business Journal’s 50 Fastest Growing Companies, on how to run a successful business.
Featured in the April 2016 Issue Partner’s Perspective: What Motivates You? J&C to Host Construction Law Workshop Series J&C Attends CREW Jacksonville’s “Women Marking Deals” Luncheon J&C Young Professionals in Action New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
This blog post is part II in a series of posts providing an overview of important considerations for commercial real estate lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial real estate lease agreement terms and the legal duties and obligations of the parties involved. Part II will discuss the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees.
A key consideration in developing a litigation strategy is whether or not insurance coverage applies to the causes of action at issue, which is important for both parties. For the plaintiff, coverage can mean that he has a greater chance of collecting on his judgment if it is going to be paid from insurance proceeds. For the insured defendant, insurance coverage can provide reassurance that, if any monetary judgment is awarded against him, he will not have to satisfy it from his own assets. Equally important, his policy will also probably stipulate that the insurer will provide him with an attorney and legal defense for any claims covered by the policy.
The directors of Florida community association are obligated to discharge their responsibilities to the community in good faith. Board decisions are generally protected by the “business judgment rule” and the theory behind the business judgment rule is that Courts should not substitute their judgment for the judgment of the elected or appointed board members. Simply stated, Courts must give deference to a community association’s decision if that decision is within the scope of the association’s authority and it is reasonable – that is, not arbitrary, capricious, or in bad faith.