Monthly Archives: August 2020
Recovery of Costs in Real Estate Litigation
As anyone who has participated in a civil lawsuit knows, civil litigation, including business litigation, can be expensive. If a case proceeds all the way from the original pleadings to trial, the parties on both sides should anticipate various costs and expenses beyond those paid or to be paid to lawyers. Some types of… Read More »
Are Florida Civil Theft Claims and Claims for Breach of Contract Mutually Exclusive?
In Florida, it is permissible to allege the crime of “Theft” as a private, civil action. Fla. Stat. § 812.014 provides for the crime and states: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily… Read More »
New Florida Law Contains Provisions for Preserving and Protecting Coastal Regions
Florida’s shoreline regions are among the crown jewels of the Sunshine State. The value of preserving these regions in order to ensure their continuing role in promoting and protecting the public health and welfare of our citizens has been clearly recognized by Florida law. For example, the Coastal Zone Protection Act of 1985 expressly… Read More »
Forum Selection Clauses in Contracts
Generally, business contracts (and other contracts) are drafted with an eye towards anticipating as many potential future concerns and considerations as possible, and providing for them. One concern or consideration that is often addressed in a contract is how and where future disputes between the parties will be resolved. Examples of contractual clauses that… Read More »
New Construction Sales and Sales of Existing Homes – Recent Trends During COVID-19 Pandemic
An increase in homebuilding during the COVID-19 pandemic – especially in coronavirus hot spot states (which currently include Florida) – may seem counterintuitive. Nevertheless, home construction companies are reporting significant increases in business, according to a recent news post on CNBC. In addition, resales of existing homes are on the rise, according to another… Read More »
