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EPGD Law Blog

Category: Civil Litigation
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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EPGD Law Civil Litigation
Civil Litigation
Eric Gros-Dubois

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.

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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 Civil Litigation
Civil Litigation
Eric Gros-Dubois

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.

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EPGD Law Civil Litigation
Civil Litigation
Eric Gros-Dubois

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.

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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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EPGD Law Private Adjudication
Business Litigation
Oscar Gomez

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.

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EPGD Law Litigation
Business Litigation
Silvino Diaz

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.

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CONTRACT SIGNED
Business Law
Aviv Asoulin

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.

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DOLLAR FALLING
Business Law
Eric Gros-Dubois

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.

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CAR AND DEALER
Civil Litigation
Eric Gros-Dubois

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.

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Business Litigation
Eric Gros-Dubois

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.

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Business Litigation
Eric Gros-Dubois

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.

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Business Litigation
Eric Gros-Dubois

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!”

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Business Litigation
Eric Gros-Dubois

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.

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Business Litigation
Oscar Gomez

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.

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Business Law
Oscar Gomez

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.

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Civil Litigation
Oscar Gomez

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.

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Civil Litigation
Eric Gros-Dubois

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.

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