Litigation
Does Florida Law Allow for a Lawsuit for Hacking and Spying?
Yes, Florida Statute 815.06 allows for those who have been hacked or are being spied
Oscar Gomez
February 8, 2021
Litigation
When Can I Bring a Claim Under the Florida Deceptive and Unfair Trade Practices Act?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) protects consumers in Florida from unfair
Oscar Gomez
February 4, 2021
Corporate
What is the Corporate Transparency Act?
Congress recently passed the Corporate Transparency Act (CTA) which will require companies to disclose their
Oscar Gomez
January 19, 2021
Civil Litigation
How can a Creditor Collect on a Final Judgment in Florida?
Florida law allows for creditors to collect on a final judgment from a court for
Oscar Gomez
January 6, 2021
Civil Litigation
How Long is a Final Judgment Good for in Florida?
Having a final judgment granted in your favor is sometimes not the end of a
Oscar Gomez
January 6, 2021
Contract
How Hard is it to get out of a Timeshare Contract?
Timeshares are some of the greatest ways to own a vacation home, but also sources
Oscar Gomez
December 22, 2020
Civil Litigation
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.
Oscar Gomez
November 2, 2020
Real Estate Law
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.
Oscar Gomez
October 27, 2020
Litigation
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.
Oscar Gomez
September 30, 2020
Litigation
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.
Oscar Gomez
September 22, 2020
Business Law
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.
Oscar Gomez
September 1, 2020
Business Law
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”.
Oscar Gomez
September 1, 2020
Litigation
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.
Oscar Gomez
August 19, 2020
Business Litigation
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.
Oscar Gomez
August 11, 2020
Trusts & Estates
Do I Need Approval from HOA to Transfer Property into my Trust?
When drafting trusts, many chose to transfer their real estate property into the trust. Transferring property into a trust usually safeguards it from probate after the owner’s passing and sometimes can provide tax benefits.
Oscar Gomez
August 3, 2020
Trusts & Estates
Can You Give Away Your Rights to Real Estate Before They Vest?
A right in property vests when an interest in property is transferred to someone and the right begins to belong to that individual. A right vests when it is not subject to a condition precedent.
Oscar Gomez
August 3, 2020
Property Law
What is Tenancy by the Entirety in Florida?
There are three primary ways that multiple people can own a single property in Florida: joint tenancy with rights of survivorship; tenancy in common; and tenancy by the entireties.
Oscar Gomez
July 30, 2020
Civil Litigation
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.
Oscar Gomez
July 29, 2020
Business Litigation
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.
Oscar Gomez
July 22, 2020
Business Litigation
How to navigate exclusions in property insurance policies in pursuit of business interruption coverage?
As companies in Miami, Florida seek business interruption coverage for their losses during the COVID-19 pandemic, they face the hurdle of exclusions in their policies.
Oscar Gomez
July 22, 2020
Business Law
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.
Oscar Gomez
July 21, 2020
Family Law
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.
Oscar Gomez
July 21, 2020
Business Litigation
Can I sue my Homeowner Association or Condominium Association in Miami, FL?
Homeowner Associations are subject to the rules and regulations under Florida Statutes Chapter § 720. Chapter § 720 delegates the association’s power, rules and duties, sets forth dispute resolution mechanisms, and owner improvements, rights and privileges.
Oscar Gomez
July 10, 2020
COVID-19
Do I Qualify for an Economic Injury Disaster Loan (EIDL)?
An Economic Injury Disaster Loan (EIDL) is a loan offered to small business owners in Florida and throughout the United States amidst the Coronavirus (COVID-19) pandemic. This loan has an interest rate of 3.75%.
Oscar Gomez
July 9, 2020
COVID-19
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.
Oscar Gomez
July 7, 2020
Transactional
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.
Oscar Gomez
June 29, 2020
COVID-19
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.
Oscar Gomez
June 25, 2020
Civil Litigation
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.
Oscar Gomez
June 23, 2020