We speak: French | German | Hebrew | Italian | Portuguese | Russian | Spanish

EPGD Law Blog

Tag: Florida
EPGD Law Real Estate Law
Real Estate Law
Eric Gros-Dubois

Landlord Remedies in Florida: Distress Writs

A landlord in a commercial or residential landlord-tenant relationship may enforce remedial acts against a tenant and the leased premises, in the event of default or breach. Upon a landlord deciding to evict his or her tenant, a distress writ may be obtained to substantially protect the landlords needs. Among this remedial measure, a landlord has the ability to receive a distress writ issued by the Clerk of Court, which authorizes the landlord to essentially put a lien on the tenant’s assets at the rental premises when he or she owes rent.

Read More »
EPGD Law Employment Law
COVID-19
Silvino Diaz

FLORIDA “REEMPLOYMENT ASSISTANCE”: Simple Answers to Common Questions Regarding Unemployment Claims and Benefits

Navigating the complex process of applying for reemployment assistance in the wake of an unexpected layoff is never a simple task.  That difficult process is made even more complicated during a crisis that creates mass unemployment, such as the one which we are currently experiencing as a result of the ongoing COVID-19 pandemic.  This guide is designed to answer some of the most commonly asked questions with regard to the Florida Reemployment Assistance program and to discuss changes in this area of law that have been made in light of the ongoing pandemic.

Read More »
EPGD Law Homestead Exemption
Homestead Exemption
Eric Gros-Dubois

Can Foreign Non-Resident Investors Claim Florida Homestead Exemption?

The traditional rule is all individuals living in Florida with temporary visas may not be eligible to claim the Florida homestead exemption because their residency is based on a durational, temporary period. However, in 2012, the Florida Supreme Court put this constitutional issue before them in Garcia v. Andonie

Read More »
COVID-19
Oscar Gomez

Florida Coronavirus Executive Orders

Throughout March, Governor Ron DeSantis has issued multiple Executive Orders related to the COVID-19 outbreak. As of March 23, 2020, Governor DeSantis has issued seven Executive Orders directly related to the coronavirus pandemic.

Read More »
COVID-19
Eric Gros-Dubois

What Happens if my City Passes an Emergency Ordinance in Response to COVID -19 that is More Restrictive than My State’s Emergency Order? Which Law do I Follow?

When conflict between laws or orders issued from different levels of government exists, the law at the higher level will typically govern unless that law or declaration is found to be unconstitutional.  For instance, when federal and state law is in conflict, the federal law will supersede, or preempt, the state law and take precedence due to the supremacy clause of the United States Constitution. 

Read More »
Business Law
Eric Gros-Dubois

Should you Lease Property to a Business?

Saving money on taxes is a great incentive to consider leasing your assets to a corporation.  It is common for shareholders of corporations to lease real estate, equipment, and other property, such as vehicles, to the corporation, either directly or indirectly.

Read More »
Business Law
Eric Gros-Dubois

What is an Operating Agreement?

The operating agreement for an LLC is imperative because it can outline all the company’s procedural and financial decisions. Although an operating agreement is not required in many states, most limited liability owners create an operating agreement as soon as they create their company. The operating agreement protects owners and sets out anything that has been orally agreed on.

Read More »
Business Law
Eric Gros-Dubois

What is a Third-Party Purchaser?

When most people think of foreclosures, the two parties instantly discussed are the owner that is being foreclosed upon and the bank that is doing the foreclosing. However, when the property is headed to the auction block there is another party that comes into the picture: third party purchasers. When the bank lists the property at the foreclosure auction, a third-party purchaser often decides to buy the property if he or she believes it is a good deal. Third-party purchaser can take strategic risks and make money through legal loopholes.

Read More »
Estate Planning
Niuris Bezanilla

Can you Revoke or Amend a Trust?

Trusts allow a third party, or trustee, of your choosing, to hold assets on behalf of a beneficiary or beneficiaries.  One of the great factors of a trust, is that trusts tend to avoid probate. Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified.  Probate can be a long and stressful process for your loved ones. 

Read More »
Business Law
Eric Gros-Dubois

How to Properly Dissolve a Florida Nonprofit Organization

When a nonprofit corporation decides to close its doors, there are steps that the organization must follow to legally terminate its operations or dissolve. Similarly, to for-profit corporations, nonprofit corporations must file Articles of Dissolution with the Florida Department of State. But that is not the final step.

Read More »
Business Law
Eric Gros-Dubois

Can a Dissolved Company sue?

Voluntary dissolution is an action taken by shareholders or incorporators to dissolve a corporation. This process is typically initiated by a vote of the corporation’s stockholders. Under a voluntary dissolution, the company will stop to exist as a legal entity.

Read More »
Business Law
Eric Gros-Dubois

Is it Legal to take Clients away from your Employer?

Client lists are usually labeled as “confidential” and within the company access to them is limited. Other companies divide their client lists by sales/business geographical territory to minimize access of employees to the lists even more.

Read More »
Estate Planning
Niuris Bezanilla

Signing Your Will Under Seal

Generally speaking, signing under seal makes the contract more formal. “The formality of a promise under seal is an efficient, trustworthy method of channeling a person’s deliberate intent to be legally obligated”

Read More »
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.

Read More »
Estate Planning
Niuris Bezanilla

Probate Assets vs. Non-Probate Assets

Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified.  Probate can be a long and stressful process, especially after such a difficult time.  Non-probate assets avoid this long, costly process and pass directly to a decedent’s heirs.

Read More »
Employment Law
Oscar Gomez

Discrimination in the Workplace

Federal law recognizes certain characteristics of individuals as immutable and therefore, protected against discrimination. Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin.

Read More »