Recent Blog Posts
Which Businesses are Booming Through the COVID-19 Pandemic?
Since the first cases of the coronavirus were discovered in the United States, the COVID-19 pandemic has wrought havoc on many businesses. Over the past several months, negative effects of business slowdowns and shutdowns have affected many South Florida businesses, including restaurants, hotels, health clubs and gyms, and retail shops, among others. Not all… Read More »
Excusable Negligence Saves the Day for Party that Conveyed a Proposal for Settlement with the Wrong Monetary Amount
A recent opinion from the Fourth District Court of Appeal clarified a party’s ability to withdraw a proposal for settlement after an opposing party accepts the proposal. Florida Rule of Civil Procedure 1.442 governs proposals for settlements and provides that a proposal for settlement, made pursuant to applicable Florida law authorizing the proposal for… Read More »
Business Interruption Claims Due to the COVID-19 Pandemic
As the COVID-19 pandemic has spread across the United States, it has created new hurdles for many businesses and industries along the way. When, whether, and how to reopen businesses is one issue that has dominated news reports over the past few months. According to a recent analysis presented in the Insurance Journal, one… Read More »
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 »
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 »
