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EPGD Law Blog

Author: Oscar Gomez
women signing contract
Civil Litigation
Oscar Gomez

When May a Landlord Withhold a Tenant’s Security Deposit?

A security deposit is a refundable fee a landlord takes from a tenant at the start of a lease term. Landlords may withhold security deposits for several reasons, such as protection against damage to the premises, to cover a loss due to non-payment of rent, or to cover unpaid utilities once the tenant has vacated the premises.

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Foreclosure EPGD
Real Estate Law
Oscar Gomez

What is a “Condition Precedent” to Filing a Foreclosure Action in Florida?

In Florida, if a bank, lender or servicer anticipates filing a foreclosure action, there are certain steps it must take prior to doing so. These provisions are called conditions precedent to foreclosure. State and federal law, as well as the contractual language of the mortgage and promissory note, set forth some of those requirements. Financial institutes are under the obligation to abide by these conditions. Failure to do so opens the door to defenses to the foreclosure claim which can lead to dismissal of the case.

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EPGD Law Litigation
Litigation
Oscar Gomez

What is the New Eleventh Circuit Ruling On Incentive Awards?

An incentive award is a monetary award typically given by the court to the named plaintiff in a class-action case. This is done to compensate the named plaintiff for all of his or her personal time and effort devoted to the case. The public policy behind incentive awards has always been to encourage individuals to take on the role of the named plaintiff in a case, to work closely with the class’s attorneys and other members of the class.

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EPGD Law Litigation
Litigation
Oscar Gomez

What is the Florida Construction Defect Statute (FCDS)?

Due to the frequency of issues arising out of faulty construction, the Florida legislature has created an alternative method to resolve such disputes that would reduce the need for litigation while protecting the rights of property owners. Under the Florida Construction Defect Statute, a property owner or a condominium/homeowner’s association is required to send a written notice of claim to contractors, design professionals and/or developers to resolve alleged defects before resorting to further legal process. 

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EPGD Law LLC
Business Law
Oscar Gomez

How Do I Relocate My LLC to Another State?

The formal transfer of an LLC from one state to another is known as domestication. However, domestication is permitted only if both states allow for it. Domestication would be appropriate if you do no longer wish to conduct business in the original state of formation and would like to avoid dissolution and new company formation in the other jurisdiction. Many business owners choose to domesticate when they completely relocate to another state and wish to move their company with them.

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EPGD Law Special Purpose Acquisition Company
Business Law
Oscar Gomez

What is a Special Purpose Acquisition Company?

A special purpose acquisition company “SPAC” is a publicly traded shell company that has been formed strictly for purposes of raising enough capital to purchase an existing company. Also referred to as a “blank-check company,” these development stage companies have no operations and purely rely on funding through an initial public offering “IPO”.

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EPGD Law Defamation
Litigation
Oscar Gomez

What is Defamation Per Se in Florida?

One of the recurrent issues that Miami business lawyers deal with often involves clients suing for defamation, or vice versa, clients being sued for defamation. Defamation, by definition, is the action of damaging the good reputation of someone. It usually involves a false statement of fact that was published or spoken with fault, or in other words, as a result of negligence or malice.

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EPGD Law Business Litigation
Business Litigation
Oscar Gomez

Can I Collect Attorney’s Fees Under Florida’s Deceptive and Unfair Trade Practices Act?

Unlike other countries, the American rule on attorneys’ fees is that each party must pay the costs of their attorneys. This means, if you’ve hired an expensive attorney to fight for you, you are obligated to pay his costs. Nonetheless, there are two exceptions to the American rule—the contract and statute exceptions. First, if a prior contract that was made between the parties had an attorneys’ fees clause, then the losing party is expected to pay the winning party’s attorneys’ fees. Lastly, a party is permitted to seek the payment of their attorneys’ fees under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). A Miami Business Law attorney can advise you if FDUTPA law applies.

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EPGD Law Civil Litigation
Civil Litigation
Oscar Gomez

What Happens to a Civil Lawsuit if a Party Dies?

If a party to a civil lawsuit passes away, the court will typically put the lawsuit on hold, instead of terminating it. This is done temporarily and with the purpose of giving the probate court time to appoint a personal representative for the estate of the deceased party. Through the personal representative, the heir or heirs of the deceased can continue the lawsuit.

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EPGD Law Property Law
Business Litigation
Oscar Gomez

How to meet the direct physical loss requirement to obtain property insurance coverage in the age of COVID-19?

As the country enters yet another month of economic uncertainty with regards to the coronavirus pandemic, a great deal of business interruption cases have surfaced. Companies throughout the United States, including many in Miami, Florida, are seeking coverage for their immense losses throughout this pandemic, specifically claiming direct physical damage to substantiate their business income coverage claims.

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EPGD Law Business Law
Business Law
Oscar Gomez

Can a Foreigner Own an S-Corporation?

A non-resident alien cannot own a S-corporation. Only U.S. citizens and permanent residents can. If a foreigner becomes a shareholder in an S-Corporation, it will lose its S-corporation status.

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EPGD Law Family Law
Family Law
Oscar Gomez

Common Law Marriage in Florida

The concept of common law marriage originated in English common law. It typically involves a cohabiting couple enjoying the same or nearly the same rights as a legally married couple. Today, only a minority of states recognize common law marriages in the United States. 

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EPGD Law COVID
COVID-19
Oscar Gomez

COVID-19 Update: Miami-Dade Executive Order Signed 07/06/2020

On Monday of this week, Miami-Dade County Mayor Carlos Gimenez released a statement along with a new emergency order. Due to the recent spike of positive COVID-19 tests and hospitalizations, this new order will close many public establishments to stop the increasing spread of the virus. These closures will be made effective this Wednesday, July 8th, 2020.

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EPGD Law Transactional
Transactional
Oscar Gomez

What is an Impossibility Clause in a Contract in Florida?

The doctrine of impossibility applies in a situation where it is literally impossible for a party to a contract to perform their duties. The Florida court system generally has an interest in holding parties to the contract they sign and the duties assigned under that contract. Impossibility is a high standard, lack of performance cannot be excused by mere inconvenience, expense, or other non-impossible circumstances.

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EPGD Law Government Business
COVID-19
Oscar Gomez

How does the CARES Act work in Florida?

The CARES Act provides several unemployment insurance benefit programs which include: the Pandemic Unemployment Assistance (“PUA”); the Federal Pandemic Unemployment Compensation (“FPUC”); and the Pandemic Emergency Unemployment Compensation (“PEUC”) which are further detailed below.

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EPGD Law Defamation Law
Civil Litigation
Oscar Gomez

Can I Get Attorney’s Fees in a Defamation Case in Florida?

Courts can award attorney’s fees to the prevailing party if both parties have agreed to such a condition in a contract, or if there is a specific statute that grants attorney’s fees to the prevailing party in a certain case. If both parties prevail in different legal arguments, the court will conduct a balancing test and distribute attorney fees using its own discretion. 

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