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Category Archives: Civil Litigation

Sweeney_10.7.19

Attorney Brendan Sweeney featured in the October edition of the Broward County Bar Barrister

By Sweeney Law, PA |

After the most recent Florida Legislative session roughly 200 bills were passed to seek the Governor’s approval. Allow this to be a highlight for a few of particular significance. The House passed HB1253 to allow Attorney General Ashley Moody access to a database of patients’ opioid prescriptions so that she—on behalf of the State,… Read More »

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Litigation3

THE APEX DOCTRINE THAT REALLY DOES NOT YET EXIST IN FLORIDA

By Sweeney Law, PA |

Most large companies assume that their highest-ranking executives will not be required to comply with deposition subpoenas related to regular business matters. For instance, the Chairman of a large Japanese company should not need to worry about giving a deposition in a personal injury case involving basic allegations of product liability. This thought would… Read More »

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EMPLOYEES VS. INDEPENDENT CONTRACTORS IN FLORIDA

By Sweeney Law, PA |

Though there are many distinctions between employees and independent contractors, possibly the most apparent one is that an employer of an independent contractor does not have the right to control or direct the means or method of completing the work results, only the result of the work itself. Put differently, the right to control… Read More »

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THE TYPES OF DEEDS UTILIZED IN FLORIDA REAL ESTATE TRANSACTIONS

By Sweeney Law, PA |

There are essentially four basic types of deeds in Florida and a few additional specialized ones based off those four. Those four basic types of deeds, in order of diminishing benefit to the Grantee, are: the Warranty Deed, the Special Warranty Deed, the Fee Simple Deed, and the Quit Claim Deed. Furthermore, you have… Read More »

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PIERCING THE CORPORATE VEIL IN FLORIDA

By Sweeney Law, PA |

A corporation is a legal entity separate and distinct from its shareholders.  The corporate form usually protects shareholders from personal liability for the corporation’s debts. Nevertheless, shareholders cannot use corporate status to limit their liability, and then use the corporate form to cover their fraud.  Under such conditions, a party may seek to “pierce… Read More »

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Legal2

DEFENSES TO FLORIDA’S CIVIL THEFT STATUTE

By Sweeney Law, PA |

Florida’s Civil Theft statute is an appealing claim to many plaintiffs because, if successful, it permits recovery of treble damages and attorney fees. Civil theft claims can be alleged by individuals and businesses alike, and are meant to create civil liability for criminal practices that are violations of 812.012-812.037 or 825.103(1) of the Florida Statutes (i.e. crimes of… Read More »

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Legal8

UNDERSTANDING FLORIDA’S MARKETABLE RECORD TITLE ACT

By Sweeney Law, PA |

Florida’s Marketable Record Title Act (Chapter 712 of the Florida Statutes) (“MRTA”) was passed in order to liberate real property from older title defects by prescribing a 30-year limitations period on certain matters of title.  As stated in Florida Statute Section 720.04, “a marketable record title is free and clear of all estates, interests,… Read More »

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PREJUDGMENT WRIT OF GARNISHMENT IN FLORIDA

By Sweeney Law, PA |

Prejudgment remedies in Florida are useful tools that can set the tone in litigation. Prejudgment remedies often times place opposing parties on notice that the matter is going to be aggressively handled and that the claim is well financed. One of the most useful and practical prejudgment remedies in Florida is having the Court… Read More »

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NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS DAMAGES IN FLORIDA

By Sweeney Law, PA |

When filing a claim for damages it can sometimes be difficult to put a liquidated, tangible number on the amount of damages actually suffered by the plaintiff. Sometimes these damages are emotion pain and suffering that cannot always be accurately quantified. Florida law permits two categories of claims to recover damages for emotional distress…. Read More »

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FRAUDULENT CONVEYANCES IN FLORIDA

By Sweeney Law, PA |

A fraudulent transfer in Florida occurs when a debtor transfers legal title of property to a third party with the intent to hinder, delay, or defraud a present or future creditor. A fraudulent conversion, on the other hand, is when a debtor converts non-exempt property subject to creditor attack to a different type of property, still owned by… Read More »

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