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Category Archives: Civil Litigation

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INADVERTENT DISCLOSURES, ONE PARTY’S MISTAKE DOES NOT ALWAYS CREATE AN ADVANTAGE

By Sweeney Law, PA |

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to… Read More »

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TRANSFORMING APARTMENT BUILDINGS INTO CONDOMINIUMS IN FLORIDA

By Sweeney Law, PA |

Condominium conversions have and continue to be a popular segment of the housing market in Florida. Basically, a condo conversion is the process in which rental buildings are converted into condominiums. However, many prospective buyers are unaware of the unique peculiarities established by condo conversions. Florida Statutes – Chapter 718 Condominiums – Part IV Conversions… Read More »

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JUST A LITTLE OFF THE TOP: THE EQUITY SKIMMING SCAM

By Sweeney Law, PA |

Florida homeowners have had much to feel good about due to the real estate recovery that has taken place since the housing market collapsed in 2007-08. But homeowners aren’t the only ones taking advantage of rising equity. Scam artists also have dollar signs in their eyes. Although the economy has been improving and home… Read More »

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FLORIDA’S TIPSY COACHMAN DOCTRINE

By Sweeney Law, PA |

The “tipsy coachman” doctrine displays the “well-established rule that trial court decisions are presumptively valid and should be affirmed, if correct, regardless of whether the reasons advanced are erroneous.” Vandergriff v. Vandergriff, 456 So. 2d 464, 466 (Fla. 1984). Appellate courts can, “affirm a decision from a lower tribunal that reaches the right result… Read More »

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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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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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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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