Category Archives: Civil Litigation
FLORIDA’S LONG-ARM STATUTE
Synopsis of Personal Jurisdiction in Florida Establishing personal jurisdiction in Florida is usually very simple. A Florida court has personal jurisdiction if the Defendant is a Florida resident. See Patten v. Mokher, 184 So. 29, 30 (Fla. 1938). For nonresident Defendants, a Florida court has personal jurisdiction if the Defendant is served with process while… Read More »
FLORIDA REAL PROPERTY LIENS: FLORIDA STATUTES 713, 718, 720 AND 723.
We have all seen the news report, it usually goes something like this, a wealthy individual from the northeast has creditors crawling out of the woodwork to collect on large sums of money. The wealthy individual has a multimillion-dollar waterfront Florida residence which the creditors cannot get to. Well the reason for this is… Read More »
ATTORNEY’S FEES & CONTINGENCY FEE MULTIPLIERS IN FLORIDA
One of the most critical factors in engaging in litigation in Florida is whether or not the prevailing party is entitled to attorney’s fees. Prevailing party attorney’s fees will allow the prevailing party to be reimbursed for their fees in prosecuting/defending claims. Generally, in order to be entitled to prevailing party attorney’s fees in… Read More »
LIQUIDATED DAMAGES IN FLORIDA
Parties that enter into contracts need to be able to rely upon the other party and ensure that they are going to live up to their end of the bargain. If a party does not fulfill their contractual obligations it will likely have a detrimental impact on the other party. In many cases the… Read More »
RESURGENCE OF FLORIDA CONDO HOTELS, ADVANTAGES AND DISADVANTAGES OF OWNERSHIP
Anyone that travels to Florida resorts or have friends that vacation in Florida undoubtedly have come across the idea of condo hotel ownership. Usually, the pitch for this type of ownership structure goes like this, you deserve the Florida lifestyle, you deserve to have your own vacation residence, you deserve and desire the finer… Read More »
PUNITIVE DAMAGES IN FLORIDA…GET THE MONEY. DOLLAR, DOLLAR BILL Y’ALL
Damages for the most part are awarded to a party necessary to make that party whole again due to the wrongful acts of the other party. This is not the case with punitive damage. Punitive damages, also commonly referred to as exemplary damages, are intended to harm and hurt a party for its intentional… Read More »
LIVING IN A FLORIDA GOLF COURSE COMMUNITY DREAMS CAN BECOME NIGHTMARES
Everyone has seen the advertisements for living in a Florida golf course community, whether reading your local newspaper, or simply driving around Florida. The sales pitch usually follows something along the lines of, you deserve it, Florida resort lifestyle, and will show a beautifully manicured course with the background of unspoiled Florida wetlands. The… Read More »
Ending the Pre-Trial Tug of War The Implications of Proposals for Settlement & Offers of Judgment in Florida
Proposals for settlement, otherwise referred to as an “offer of judgment” are popular litigation tools used to put stress on parties to settle lawsuits. This approach concerns Florida Rule of Civil Procedure 1.442 and Florida Statute 768.79, and includes assessing attorneys’ fees and costs for a prevailing party or party that offered to settle… Read More »
