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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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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How it Works – Florida Sentencing Law
The law regarding sentencing for a criminal conviction will likely (hopefully) remain nothing more than a curiosity for most of us. Nevertheless, it does no harm to understand the workings of a scheme that so profoundly affects the lives of many Floridians.
Until around the middle of the 90s, sentencing was...
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General Contractors and Workers Compensation Coverage
Florida’s Workers Compensation insurance laws can be onerous and complicated to comply with for small and independent contractors. Generally, a business need only provide workers compensation for a direct employee—which under Section 440.02(18)(a) of the Florida Statutes is defined as:
“any person who receives remuneration from an employer...
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Wills in Estate Planning
The Importance of a Will
An estate plan is a set of documents that define and determine how your assets will be distributed throughout and after your life. Although most people acknowledge the importance of an estate plan, most people do...
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Foreign Judgments in the State of Florida
Enforcing an Out-of-State Judgment in Florida
Generally, most out-of-state judgments (or foreign judgments) are given “full faith and credit” and can be enforced here in Florida in the same manner as any judgment entered by a Florida Court. However, in order...
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Who is Responsible in the Case of Check Fraud?
What do you do if you write a check, mail the check, and later find out the check was deposited, but never received by its intended recipient? For example, let’s say you put a check in your mailbox, and unbeknownst to you, the check is stolen and then cashed. Who bears the...
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