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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I RECEIVED A NOTICE TO OWNER; WHAT SHOULD I DO?
Question: "I received a Notice to Owner; what should I do?”
My name is Jim Boatman. I’m an attorney and work out of Naples, Florida and periodically I like to take some questions that I’ve received...
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How Long Is a Judgment Good for in Florida?
If you have won a lawsuit and obtained a judgment against someone in Florida, you may wonder how long that judgment remains enforceable. Under Florida law, a domestic judgment is valid for 20 years. However, there are critical nuances that judgment holders must understand to ensure they can effectively enforce their...
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WHAT STEPS CAN THE CREDITOR TAKE TO SECURE PAYMENT?
Question: "What Steps Can The Creditor Take To Secure Payment?”
There are three basic phases to enforcing a judgment in the state of...
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DEVELOPING AN ESTATE PLAN TO COVER YOUR “DIGITAL ASSETS”
So much of everyday life involves the use of “digital devices”. Laptops, desktops, tablets and smartphones have become the tools through which we socialize and share our lives with others, and the means through which we conduct numerous personal and business activities. On a daily basis, we use our digital device of...
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STEPHEN C. SCHAHRER, ESQ.
Stephen was born in Indianapolis but his family moved to Naples, Florida when he was two years old. Stephen grew up in Naples and attended Gulf Coast High School. He then earned a Bachelor of Arts in Political Science and a Master of...
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UNLICENSED PRACTICE OF CONSTRUCTION
If you have ever worked in the construction industry in Florida, you have likely heard of the scenario where one individual utilizes the construction license of another. There are many different arrangements, but a common practice is for a licensed individual or company to...
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WHAT ARE MY OPTIONS IF THE OTHER PARTY HAS MATERIALLY BREACHED OUR CONTRACT?
Question: "What are my options if the other party has materially breached our contract?"
After material breach of a contract, the first thing that you should...
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