Recent Blog Posts
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 »
Residential Evictions and Foreclosures in the Age of COVID-19
Over the past few months, the COVID-19 pandemic has had an unprecedented impact on the daily lives of Americans, interrupting many of our social, economic and personal habits and routines. When it comes to the economic impact, some of South Florida’s most important industries have been faced with extreme challenges – ranging from the… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the July Edition of the Broward County Bar Barrister – THE 2020 ELECTORAL SEASON IN BROWARD COUNTY
The 2020 electoral season in Broward County will most likely be one of the most important in recent history, due to many high-profile positions having open seats for the first time in years. These include, but are not limited to, State Attorney, Public Defender, as well as elections for Clerk of the Court and… Read More »
Florida Condominium Law – “Deadbeat Lists” and the Consumer Collection Practices Act
Does a condominium association violate the law by publicly posting the names of its financially delinquent property owners? Recently, that question was considered by the District Court of Appeal of Florida, Fifth District, in the case of a condominium owner who, according to the condominium association, had been delinquent in paying condominium assessments. In… Read More »
Is Construction an Essential Business in Florida?
As we know, during COVID-19 and before reopening began, businesses that are “non-essential” were forced to close. “Essential” businesses, however, were allowed to continue to operate. Aren’t We Reopening? Why Does This Matter? Whether construction is an essential business might seem unimportant at the moment: after all, most states – including Florida – have… Read More »
Online Tourism Sites and Tourist Development Taxes
The COVID-19 pandemic has posed significant challenges to the normal operations of countless businesses throughout the country and the world. Among the industries that have been particularly affected over the past several months is the tourism industry. Challenges have presented themselves in this industry at every level – globally, nationally, regionally, statewide and locally…. Read More »
Appeals Court Affirms Summary Judgment for Contractor on Common Law Indemnity Cross Claim
When a home renovation project goes wrong and leads to litigation, the lawsuit brought by the homeowner will ultimately seek to determine who among potentially responsible parties – including contractors and various subcontractors – is responsible for any and all of the damage that occurred. In this type of lawsuit, the various contractors and… Read More »
