TRUST AND PROBATE LITIGATION – DUTIES OF THE TRUSTEE AND PERSONAL REPRESENTATIVE
The administration of a family trust or the probate of a family member’s estate can create conflict among even the most tight-knit families. Because trust administration and the probate process often strain family relationships and communication, it is important to know your rights as...
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CORPORATE DIRECTORS, FIDUCIARY DUTIES, AND THE BUSINESS JUDGMENT RULE
In the small business world, corporate directors are often also the owners of a corporation and thus, the two frequently become confused.
However, specifically within the small business context, it is important to note that...
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Florida Contractor Disputes Involving Unreasonable Deposits
Hiring a contractor for home repairs, renovations, or construction projects is often a significant financial and emotional investment. Unfortunately, disputes sometimes arise when contractors fail to uphold their responsibilities, particularly when large deposits are involved. At Boatman Ricci, we frequently assist clients in resolving these disputes and protecting their rights under...
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THE HEALTH OF A TREE WHEN IT FALLS DETERMINES LIABILITY UNDER FLORIDA LAW
“Get your tree off my property!” screamed one clearly stressed out neighbor to another. “Really?” Replied the other neighbor. “It fell on YOUR property, so it’s YOUR problem!”
While it’s fantastic to see neighbors helping...
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WHAT IS A FRAUDULENT LIEN AND WHAT ARE THE PENALTIES FOR FILING ONE?
A fraudulent lien is one that is calculated either with an intentional effort to inflate the lien, or if it includes materials or services that were not actually provided on the job, or if it's put...
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WHAT IS CONSTRUCTION LIEN?
A construction lien is a lien placed against a piece of real property that has been improved by a contractor, a sub-contractor, or a materialman. Any of those parties, if they feel like they have not been fully compensated for efforts they provided, can record...
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WHAT CAN CAUSE A DEFAULT AND ACCELERATION IN A COMMERCIAL MORTGAGE?
Default and acceleration in a commercial mortgage will often happen just as a function of the debtor's failure to pay the payments when due. Beyond that, sometimes the debtor will try and transfer the title to the property, or the creditor may make the determination...
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WHAT IS A CONSTRUCTION DEFECT?
A construction defect is a failure in workmanship either defined by industry standards or the Florida Building Code. It's important, if you believe that you are facing a construction defect, that you consult with an attorney who is familiar with Chapter 558. There's an entire...
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FOR THE PRACTITIONER: BEAT THE ENTRY OF AN ORDER OF DISMISSAL POST-HEARING
For the Practitioner: Beat the Entry of an Order of Dismissal Post-Hearing My name is Jim Boatman. I’m a commercial litigator practicing out of Naples, Florida. I came across an interesting issue in the Florida Law Weekly for February 2, 2018. It came out of 3rd District Court of Appeals in the...
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HURRICANE IRMA AND “FRUSTRATION OF PURPOSE”
Hurricane Irma has affected Southwest Florida in many different ways.
For some, their business plans have been shattered as a result of the devastation. Such shattered...
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