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Category Archives: Civil Litigation

Litigation6

Florida’s Advice of Counsel Defense and Recent Developments

By Sweeney Law, PA |

The affirmative defense of advice of counsel is a well-established defense, in some circumstances, under Florida Law. A recent development, however, expands the availability of the defense to some Bar disciplinary proceedings. In effect, the defense is used to shift liability away from the defendant for an alleged wrongful action. Generally, to state such… Read More »

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Legal17

Excusable Negligence Saves the Day for Party that Conveyed a Proposal for Settlement with the Wrong Monetary Amount

By Sweeney Law, PA |

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 »

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Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the March Edition of the Broward County Bar Barrister – TRIAL TECHNOLOGY STEPS

By Sweeney Law, PA |

Use of Courtroom Technology in The 17th Judicial Circuit Attorneys we regularly have to use technology in the courtroom, which ranges from evidentiary hearings with the use of a video clip, to a full-blown trial with several videos, power point presentations, online presentations, and the like. The last thing you want to do is… Read More »

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PrivInvest

USING A PRIVATE INVESTIGATOR IN FLORIDA LITIGATION PROCEEDINGS

By Sweeney Law, PA |

The use of private investigators (“PI”) in Florida litigation is more common than many people recognize. My general rule is that if the stakes are high enough then the likelihood of parties utilizing PI’s is there. A couple of years ago, Sweeney Law, P.A. was representing a surgeon that was forced into retirement due… Read More »

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Litigation6

POST-OCCUPANCY AGREEMENTS IN FLORIDA

By Sweeney Law, PA |

Occasionally, the date on which buyer and seller have agreed to close on may not exactly align with the desired timeline of the parties. Usually, buyers wish to occupy the property right after closing. However, sometimes, if the home is located in a desirable location and priced well, a buyer may agree to the… Read More »

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Litigation5

CIVIL CONSPIRACY IN FLORIDA

By Sweeney Law, PA |

A civil conspiracy, in Florida, involves the following elements: (a) a conspiracy between two or more parties; (b) to do an unlawful act or to do a lawful act by unlawful means; (c) the doing of some overt act in pursuance of the conspiracy; and (d) damage to plaintiff as a result of the… Read More »

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ElderCouple

Florida’s 55 and Older Communities and the 80/20 Rule

By Sweeney Law, PA |

Title VIII of the Civil Rights Act of 1968, also known as the Federal Fair Housing Act, prohibits discrimination due to race, color, religion, sex, handicap, familial status or national origin. Many States have their own Fair Housing Act – in Florida Chapter 760 of the Florida Statutes is dedicated to discrimination issues that expand the protection… Read More »

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Legal6

INDISPENSABLE PARTIES IN FLORIDA LITIGATION

By Sweeney Law, PA |

The terms” necessary” and “indispensable” parties are terms of art. Necessary parties are those who must be included in an action either as plaintiffs or defendants unless there is a valid excuse for their non-joinder. Undoubtedly it would be more appropriate to call such parties “conditionally necessary,” general modern usage preferred the shorter term…. Read More »

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BankFile

YOU COULDN’T CLOSE ON THE FLORIDA PROPERTY, CAN YOU GET YOUR DEPOSIT BACK?

By Sweeney Law, PA |

If you’re buying or selling real estate in Florida, the transaction almost always will require an earnest money deposit. This is an arranged amount of cash the buyer puts down to show that their interest is strong while working out the closing details. The money is held in what is known as an escrow… Read More »

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DivCouple9

LOSS OF CONSORTIUM CLAIMS IN FLORIDA

By Sweeney Law, PA |

In Florida and many other states, loss of consortium is a legal phrase connected to personal injury and wrongful death lawsuits. Loss of consortium is a cause of action that family members of a person who is permanently injured or killed as a result of another party’s negligence may pursue. A surviving spouse, parents, children… Read More »

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