A homeowner association and a condominium association have a duty to maintain their common property. That duty is generally provided for in Florida Statutes and the express duties are usually set forth in the Declaration of Covenants and Restrictions. For homeowners’ associations, the duty is set forth in Fla. Stat. […]
Most lawyers can recite the elements for a cause of action for breach of contract. However, not as many lawyers can explain the effect of a prior material breach on a contract. This article analyzes prior material breaches and the effect on future performance of the contract. Many of the […]
Although the attention of the political world is currently drawn to impeachment hearings and the countless nominees vying for the Democratic presidential nomination, Congress has still found time to work on a bill that would allow banking institutions to transact with cannabis businesses. The SAFE (“Secure and Fair Enforcement”) Banking […]
The P.A., or P.L.L.C. is a corporate structure specifically designed for various licensed professionals who wish to hang their shingle and start their own practice. Fla. Stat. Ch. 621, also known as the Professional Service Corporation and Limited Liability Company Act proscribes certain benefits to those corporations and its members […]
Earlier this year, I wrote about a unique land use issue and some very specific First Amendment free speech implications related to the regulation of charitable donation bins (The Right to Blight – Charitable Donation Bins, Freedom of Speech, and the First Amendment). Very few local governments, property owners and […]
Motion and/or Affidavit of Prejudgment Writ of Garnishment, §77.031 Fla .Stat. Garnishment is a statutory remedy used to reach tangible or intangible personal property of a debtor while that property is in the hands of a third party. A very common example of such is garnishment of a debtor’s wages […]
As my high school baseball coach used to say, “proper preparation prevents poor performance.” The saying is equally applicable in preparing for any deposition. Litigation often involves depositions of witnesses, which can be fact witnesses, expert witnesses, as well as the parties’ corporate representatives. The focus of this article is […]
The Motion and Affidavit for Prejudgment Writs of Attachment Normally, attachment occurs after a judgment has been entered by the court. However, the trial court has the authority to order a writ of attachment to a debtor’s property prior to a final judgment order, and/or resolution of litigation. Generally, prejudgment […]
In a closely held business in which one person or a small group of people have control over the company’s voting majority, life can be made difficult for a minority owner. Often times when there is a disagreement about the business the majority owner(s) will use their majority interest in […]
Northeast Florida has some of the largest Naval bases in the country and many active duty military personnel call the area home. These servicemembers faces stresses that those of us in civilian life will likely never encounter, such as long deployments overseas, or a change of station to another base […]