Understanding Collection of Attorney’s Fees Under Florida Law
Navigating through the complexities of the legal system in Florida can be daunting, especially when it comes to understanding the intricacies of recovering attorney's fees in a legal action. As a client engaged in active litigation or considering whether to initiate litigation against a party, you may be wondering whether you can...
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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 exceptions, you...
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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...
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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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Reasonably Ascertainable Creditors – What Does It Mean?
Are you a creditor of an Estate (i.e. do you have a claim against an individual who has passed away)? You may wonder: is there a time limit for you to file a claim against the Estate?
Alternatively, if you have been appointed as a Personal Representative of an...
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Business Litigation on a Hybrid or Contingent Fee?
Business litigation on the traditional hourly fee model is oftentimes expensive and downright cost-prohibitive for many individuals and small businesses. Mindful of the costs, risks, and potential rewards of business litigation, our firm offers three different fee models to prosecute claims on behalf of a plaintiff, or, occasionally, on behalf of a...
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Financial vs. Medical Power of Attorney – Which One Do You Need?
If a person becomes physically or mentally incapacitated [1], that person needs a legal document (i.e. a power of attorney) stating who can act on his or her behalf as it relates to...
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