The Probate Administration Process
The Florida probate process is governed by the Florida Probate Code found in Chapters 731 through 735 of the Florida Statutes. These chapters lay out the framework for...
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What Does Personal Liability Look Like On The Job?
Can an employee of a company be personally liable for incidents that happen while on the job? The short answer is “Yes.”
Corporations, limited partnerships, limited liability companies and other entities formed for the purpose of shielding individuals while conducting business can lull one into a false sense of...
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Understanding Asset Purchases
In the dynamic world of business transactions, asset purchases play a crucial role in the growth and development of companies. Whether you are a business owner looking to expand or an entrepreneur seeking to acquire valuable assets, it is essential to understand...
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Understanding Collection of Attorney’s Fees Under Florida Law
Under Florida law, attorneys’ fees are recoverable only when authorized by statute, contract, or certain litigation strategies, and not in every case. To collect them, a party must be deemed the prevailing party and successfully show the court that the requested fees are reasonable and properly documented.
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The New Corporate Transparency Act: What Is It and How Does It Impact My Business?
The recently enacted Corporate Transparency Act (CTA) is set to reshape the landscape of business practices. This legislative milestone signals a significant shift toward greater transparency. According to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, the CTA...
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What is the Value of an Injury?
Ever since Liebeck v. McDonald’s Restaurants entered the public consciousness—the hot coffee case—there has been a notion that personal injury suits are a lottery ticket. In reality, the law and a number of practical considerations combine to exert downward pressure on the compensation a Plaintiff can recover for his or her...
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If You Move to Dismiss Part of a Pleading, Do You Respond to the Rest?
Occasionally, I see good lawyers move to dismiss part of a pleading – maybe one or two counts of a five-count complaint or counterclaim – and simultaneously, needlessly, file an answer to the rest of the pleading “in an abundance of caution.” The good news is that, with just a couple of...
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What do Prince, Aretha Franklin, and Picasso have in Common?
“The Queen of Soul,” “The Artist Formerly Known as Prince,” and “The Master of Contemporary Art” all have one thing in common. Each artist died without a Last Will and Testament. Why does that matter? In order to adequately protect your assets and provide for your family, an
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Understanding Service of Process
After a party files a lawsuit against another individual or company, Florida law requires that the filing party formally notify that individual of the lawsuit. This formal notice is called “service of process.” This requirement is in place to make sure defendants are given an opportunity to appear before the court and...
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Making a Deal With No Intent to Honor – A Special Type of Fraud
When a person enters into an agreement with no intention of honoring the agreement at the time it was made, that is a unique species of fraud that is actionable alongside the related breach of contract claim in Florida. HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So. 2d 1238, 1239...
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