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
Civil Litigation
Can I Serve Someone In A Foreign Country?
Can I complete appropriate service of process on a person even though they are not
Michael DeGori
January 5, 2021
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
Civil Litigation
What is the difference between negligence and gross negligence?
When determining if someone has been negligent, it is important to distinguish between negligence and gross negligence. Certainly, they are similar, but are different in the degree of carelessness. A Florida Business Law attorney can help you spot the difference in your particular case.
Eric Gros-Dubois
August 7, 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
Civil Litigation
Unilateral Attorney’s Fees in Florida
In most contracts, there is a provision for attorney’s fees, sometimes called a prevailing party clause. This provision states that if legal action must be taken to enforce the contract, the prevailing party will get its attorney’s fees and costs paid by the losing party. Under Florida law, attorney’s fees are contractual or statutory, meaning that this provision must be included in contracts or statutes to be enforced. Because of this, it is important to include an attorney’s fees clause in any contract in Florida.
Eric Gros-Dubois
July 16, 2020
Civil Litigation
Increased Jurisdictional Amounts in Florida
On May 24, 2019, House Bill 337 was approved by Governor Ron DeSantis which would effectively amend Section 34.01 of the Florida Statutes, by increasing the jurisdictional amounts of our court actions.
Eric Gros-Dubois
July 15, 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
Business Litigation
What is Private Adjudication in Florida?
Private adjudication provides the parties in a civil lawsuit two alternatives to court: (1) voluntary trial resolution (VTR) or (2) voluntary binding arbitration. These alternatives grant the parties of a lawsuit a path that avoids the traditional court litigation route.
Oscar Gomez
May 21, 2020
Business Litigation
COVID-19: How to Conduct Remote Depositions
Covid-19 has forced many industries to adjust their business operations so that they can comply with the distancing needed. The legal industry is not unlike others, as they have put efforts to make all court hearings virtual or over the phone. One of the many procedures that have made this change is the taking of a witness’ depositions. It is important that even attorneys with years of experience take the following factors into consideration when conducting a virtual deposition.
Silvino Diaz
May 19, 2020
Business Law
Does Motion for Extension of Time Waive Rights in Arbitration?
Revised Florida Arbitration Code The Revised Florida Arbitration Code was initially signed into law in
Oscar Gomez
April 22, 2020
Business Law
Are Electronic Signatures Valid for Binding a Contract?
The use of electronic signatures for a wide variety of legal documents has been a key component of the internet age, providing corporations and clients alike with a streamlined process for signing documents. However, while electronic signatures have become the predominant choice for most, there are still many questions that surround them. Namely among these concerns is whether or not they are legal in binding contracts.
Aviv Asoulin
April 22, 2020
Business Law
What to Do If My Client Owes Me Money?
If your client fails to make a payment, often times, you as a business owner are consequently left with an unpaid balance. This can result in repetitive and tedious attempts to collect the unpaid invoices and may impose a strain on your client relationship.
Eric Gros-Dubois
April 14, 2020
Civil Litigation
Financing a Vehicle – Liens & Auto Equity Loans
When a vehicle is financed through a bank, the bank becomes a “secured party” in relations to the vehicle. This means that the bank now owns a financial interest in the vehicle, secured by the vehicle itself. Therefore, the information about the bank’s interest in the vehicle has to be put on the certificate of title, along with the borrower’s information.
Eric Gros-Dubois
April 13, 2020
Business Litigation
Does a Motion to Dismiss stay Discovery in Florida Civil Litigation?
Discovery is the process that opposing parties use to build evidence against another and is an instrumental part of the adversarial system. The Florida Rules of civil procedure provides when discovery can be limited by the trial court.
Oscar Gomez
February 10, 2020
Business Litigation
Are ADA Compliant Website Lawsuits a Scam?
There are no clear regulations defining website accessibility. Typically, courts conduct a flexible, case-by-case analysis, to ensure that the Act requirements are not unduly burdensome to businesses.
Eric Gros-Dubois
January 25, 2020
Business Litigation
How can I Report an Amazon Vendor if I am a Seller or Buyer?
Recently, stories have surfaced about consumers purchasing expired goods, broken products, and even counterfeit items. Additionally, some sellers are losing business to other sellers who market these fraudulent or defective items. Whether you are an Amazon buyer or seller, here’s how you can protect yourself.
Eric Gros-Dubois
January 25, 2020
Business Litigation
What Happens when you get Served?
Currently, there are two worlds operating at the same time and for some people they never overlap. I am talking about the legal world and the non-legal/real world. In the legal world courts are operating every day and most people are blissfully unaware of it. However, the legal world and the real-world intersect at the moment that individual walks up to you and says, “you’ve been served!”
Eric Gros-Dubois
January 23, 2020
Civil Litigation
My Contractor Stole My Money! What is the Florida Construction Industry Recovery Fund?
If you have ever found yourself asking this question when working with a contractor or construction company, and the project seems to always be going over budget, then you may be entitled to recover from the Florida Construction Industry Recovery Fund.
Oscar Gomez
January 17, 2020
Business Litigation
Are There Advertising Restrictions for Dental Practices?
The American Dental Association and Florida Statute § 466.019 mandate laws for advertising by dentists.
Eric Gros-Dubois
January 13, 2020
Business Litigation
Don’t be Fooled by “Attorneys…”
Many states have tried providing education to the public to be careful in who they hire to help with their legal problems. Additionally, many states, such as Florida, have established programs to protect the public against harm caused by individuals pretending to be attorneys.
Eric Gros-Dubois
January 10, 2020
Business Litigation
Higher Stakes in County Court for Florida Civil Lawsuits: What are the Minimum Amounts of Money you can sue for in Circuit Court in Florida?
The Florida court system has two tiers of trial courts; the circuit courts and county
Oscar Gomez
January 9, 2020
Business Litigation
How do you Serve Process on Corporations?
Service of process in Florida can be made in person as well as by mail. To serve a corporation in person, the plaintiff should coordinate with the sheriff of the county in which the person to be served on behalf of the corporation is located.
Oscar Gomez
January 6, 2020
Business Law
Florida Deceptive and Unfair Trade Practices Act
Courts have given some guidance on what constitutes deceptive and unfair trade practices by companies in Florida. A business engages in deceptive practices if the action is likely to mislead the consumer. On the other hand, a business participates in unfair practices if it acts contrary to public policy by behaving unethically or oppressively towards consumers or other businesses.
Oscar Gomez
January 3, 2020
Civil Litigation
What is a Florida Construction Lien? What are the Preliminary Concerns?
Most contractors, subcontractors, laborers, material-men, or professionals hired to improve, or make improvements to, a property which cost more than $2,500 can file a construction lien.
Eric Gros-Dubois
December 31, 2019
Civil Litigation
Who Can Report You to the Credit Bureaus?
Credit report files contain information about a person’s financial debt, including account numbers for current and past debts, loan types and terms and payment history. When a person defaults on loan payments, the creditor may decide to send a report of the late payment(s) to the credit bureaus so that it will be reflected in the customer’s credit file.
Oscar Gomez
December 9, 2019
Civil Litigation
What is Defamation?
Defamation is a false statement about a person, portrayed as a fact, that is intended to harm the person’s reputation. All the elements of defamation must be present, meaning that mere gossip may not always be considered defamation.
Eric Gros-Dubois
November 21, 2019