Blogs & Resources

An agreement to arbitrate, which contains a class action waiver, can be an effective tool to help prevent small or moderate consumer claims from becoming class action lawsuits. Class consumer litigation, particularly that utilizing the Florida Deceptive and Unfair Trade Practices Act (hereinafter “FDUTPA”), has become en vogue over the last several years. As these types of class claims become more popular, it is more important to properly protect your business with well drafted agreements. It is also important to ensure that none of your agreements, if multiple agreements are necessary to complete a transaction, have conflicting terms.

This blog post is Part IV in a series of blog posts discussing the determination of ownership in boundary disputes.  Part I discussed the different claims and elements of claims that may be asserted in a boundary dispute action.  Part II discussed the different types of information that can be […]

This blog post is Part III in a series of blog posts discussing the determination of ownership in boundary disputes. Part I discussed the different claims and elements of claims that may be asserted in a boundary dispute action. Part II discussed the different types of information that can be […]

This blog post is Part II in a series of blog posts discussing the determination of ownership within boundary disputes.  Part I discussed the different claims and elements of claims in boundary dispute actions.  This second post concerns the information used in proving ownership in boundary disputes. Proving ownership is […]

A disagreement arises between two neighbors as to the boundary line of their parcels, now what?  This blog will explore the claims that may be raised in a boundary dispute.  Preliminarily, before exploring the different claims that may be asserted to resolve boundary disputes, practitioners must deal with the threshold […]

When a customer deposits a check the bank customarily credits the customer’s account in a practice known as a “provisional settlement.” Under a provisional settlement customers are allowed to draw on the deposited funds even though the bank has yet to present the check to the drawee bank and receive […]

By: Brittany N. Snell, Esq. and Austin B. Calhoun, Esq.
In 2013, the Florida Arbitration Code was amended and is now known as the “Revised Florida Arbitration Code” (“RFAC”). RFAC applies to all agreements to arbitrate that were made on or after July 1, 2013. Arbitration agreements entered into before July 1, 2013, may be subject to RFAC if all parties consent to RFAC’s application. Beginning July 1, 2016, an agreement to arbitrate, regardless of its date, will be subject to RFAC. Section 682.013, Florida Statutes (2014).

By: Brandon C. Meadows, Esq.
Many parties engaged in litigation are primarily concerned with resolving their disputes through the most cost-efficient means. In the early stages of litigation, clients pose some version of the following question: “Who is going to pay my legal fees?” Under the common law, each party should bear their own legal expenses incurred. However, entitlement to fees can exist if provided by contract or statute. Because contractual and statutory entitlement to fees is in derogation to the common law, strict compliance with the contract or statute is required. This article addresses a party’s ability to recover statutory attorneys’ fees through strict compliance with the rules and statutes regarding a Proposal for Settlement.

By: Brittany N. Snell, Esq. and Austin B. Calhoun, Esq.
Many people routinely document their lives through interactions on social media forums such as Facebook, Twitter, LinkedIn, or some other social media site. With social media becoming more and more a part of our everyday lives, the content of social media has inevitably become valuable to litigation. While you may be shaking your head and agreeing with the relevancy of social media, when is the last time you included a social media request in your discovery requests? If you included this request, how specific was it? This blog post will explore the growing use of discovery requests to obtain vital information from social media.

This blog is related to the previous blog post of “Setting Aside Fraudulent Transfers” as it relates to a creditor’s efforts to recover from a dissolved corporation or dissolved LLC.  Setting Aside Fraudulent Transfers Part I: What to look for when going after officers or successor company discussed how a […]