RETROACTIVITY OF NEWLY-ENACTED LAWS IN THE CONDOMINIUM CONTEXT
In Florida, Homeowners (HOA) and Condominium Owners (COA) Associations are governed by Chapters 718 and 720, Florida Statutes as well as their recorded declarations and other governing documents. From time to time, the Legislature will make amendments to Chapters 718 and 720, Florida Statutes. An important question arises...
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TRUTH ABOUT NON-COMPETE AGREEMENTS UNDER FLORIDA LAW
There is a lot of misinformation about non-compete agreements in Florida. The big questions typically stem from confusion about enforceability, time limits, scope, and exceptions.
Overall, certain types of employees, as well as parties to the sale of a business, may enter into an agreement not to compete in the same...
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Removing A Squatter From Your Florida Vacation Home
With its many seasonal residents, it is unfortunately common for property owners here in the Sunshine State to find someone living in their Florida vacation home. But what to do when that happens? Fortunately, Florida law offers some solutions to removing the squatter by either an Unlawful Detainer Action (Fla. Stat. 82)...
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Florida Governor Suspends Mortgage Foreclosures and Residential Evictions Due to COVID 19 Crisis
In February of 2020, Florida’s unemployment rate was 2.8% according to the Federal Reserve Economic Data and the U. S. Bureau of Labor Statistics. This was the lowest the State’s unemployment rate had been in over forty years. However, as the COVID 19 crisis and the associated shut-downs and slow-downs...
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Coronavirus (COVID-19) and Evictions
The Coronavirus (COVID-19) has already had a devastating effect on the local Southwest Florida economy. Many folks in the service industry have been laid off or suffered from severe cuts to working hours and/or pay. Unfortunately, this shutting down of certain local businesses has come toward the end of the season, one...
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ALLEVIATING CONTRACTUAL OBLIGATIONS IN THE MIDST OF THE CORONAVIRUS (COVID-19)
Many Floridians are concerned about how the Coronavirus (COVID-19) will affect their ability to pay long term debts and honor long term contractual obligations. There is little doubt that the economic impacts of this epidemic are vast and will continue to accumulate. Furthermore, the Sunshine State is particularly vulnerable because of the...
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JAMES A. BOATMAN, JR., ESQ. NAMED 2020 SUPER LAWYER
Boatman Ricci is excited to announce that Managing Shareholder and Founder of the Firm, James A. Boatman, Jr., Esq., has been recognized as a “Top-Rated Business Litigation Attorney in Naples, Florida” by Super Lawyers for “Exhibiting Excellence in the Practice of Law”.
Super Lawyers is a rating...
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Setting Aside a Default Judgment
In Florida, the failure to file a timely response to a complaint can lead to the Defendant losing the lawsuit altogether. However, if action is taken swiftly, the Courts can grant relief to a defendant who may have missed the deadline to file a response if he/she has a recognized excuse for...
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Owner’s Liability for Hiring a Negligent Contractor
Oftentimes, we hire individuals or companies based upon very little investigation. Such was the case in Suarez v. Gonzalez, 820 So. 2d 342, (Fla. 4th DCA 2002). In Suarez, an owner's daughter hired a handyman and paid him in cash. There was no contract. The owner could not remember the man's name,...
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HOW DO I PROVE A CONSTRUCTION DEFECT EXISTS?
Question: "How do I prove that a construction defect exists?”
The best way to prove construction defect is through the testimony of an expert. An engineer is the best person to hire. The engineer can...
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