Business Litigation Archives - Page 2 of 3

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Understanding Service of Process

Posted on December 6, 2023

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...

Business Litigation on a Hybrid or Contingent Fee?

Posted on November 8, 2023

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...

Foreign Judgments in the State of Florida

Posted on September 20, 2023

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...

Don’t Let Your Opponent Attach Unnecessary Exhibits to Pleadings

Posted on August 23, 2023

By: Jonathan R. Huffman, Esq. Too often, attorneys or unrepresented parties get away with attaching unnecessary exhibits to pleadings. This is sometimes done to embarrass the opposing party. For example, I recently took over a case in which the previous lawyers attached things...

RECOVERING ATTORNEY’S FEES IN A LAWSUIT

Posted on August 20, 2020

Lawsuits are expensive. They can get even more expensive when one party is required to pay the attorney’s fees for the other side. The general rule, also called the “American rule,” is that each party pays their own attorney’s fees and costs regardless of which party wins. This “American rule” allows for...

Non-compete agreement document with glasses and pen on a desk.

TRUTH ABOUT NON-COMPETE AGREEMENTS UNDER FLORIDA LAW

Posted on May 12, 2020

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...

ALLEVIATING CONTRACTUAL OBLIGATIONS IN THE MIDST OF THE CORONAVIRUS (COVID-19)

Posted on March 24, 2020

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...

Setting Aside a Default Judgment

Posted on February 17, 2020

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...

How Long Is a Judgment Good for in Florida?

Posted on December 30, 2019

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...

WHAT STEPS CAN THE CREDITOR TAKE TO SECURE PAYMENT?

Posted on December 23, 2019

Question: "What Steps Can The Creditor Take To Secure Payment?” There are three basic phases to enforcing a judgment in the state of...