Occasionally, a client seeks help after a default has been entered against it, and there may be no reasonable basis to vacate the default within the excusable neglect framework. In some cases not all hope is gone, there maybe another tool in the attorney’s toolbox. If the Complaint that serves as the predicate for the default judgment was not well-pled (does … Read more
Florida Law is well settled that a contractual promise not performed is not tantamount to fraud. As a general rule, fraud cannot be predicated upon a mere promise not performed. Alexander/Davis Properties, Inc. v. Graham, 397 So.2d 699, 706 (Fla. 4th DCA 1981), petition for review denied, 408 So.2d 1093 (Fla. 1981). Moreover, to cross … Read more
The general rule is that “an act which constitutes no ground of action against one person cannot be made the basis of a civil action for conspiracy,” 105 So.2d at 165, Liappas v. Augoustis, 47 So.2d 582 (Fla. 1950). However, there is an exception when in certain circumstances of mere force of numbers acting in … Read more
When are subcontractor claims against an owner for unjust enrichment appropriate ? In Maloney v. Therm Alum Industries, Corp., 636 So. 2d 767 (FL. 4th DCA 1994), the Court held that a subcontractor could not sue an owner for unjust enrichment unless and until the subcontractor had exhausted its legal remedies against the general contractor with … Read more
The normal course of action when a Florida Court (or a South Florida Court at least in my experience) enters a final judgment is for the clerk to record such judgment in the Official Records of the same County. However, this action by the Clerk does not cause such judgment to attach to real property of … Read more
It is well recognized that a corporation, unlike a natural person, cannot represent itself and cannot appear in a court of law without an attorney. Nicholson Supply Co. v. First Federal Savings & Loan Association of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966). Courts have reflexively applied this common law rule prohibiting the … Read more
Fla. Stat. § 55.03 sets a statutory interest rate for post-judgment interest in Florida. The interest rate set by statute is compensatory, but lower than both average consumer debt, and prevailing credit card rates for creditworthy individuals. Certainly, a judgment should carry a higher interest rate to incentivize the payment of such judgment by the judgment debtor … Read more
Loan money a long time ago and never get paid back? Never ask for the money back? If you answered yes to both questions, you may still have a case. When does the limitations period begins to run on an oral loan that either does not contain repayment terms or is payable on demand? Section 95.11(3)(k), Florida … Read more
All premises owners owe a duty to their invitees to exercise reasonable care to maintain their premises in a safe condition. See, e.g., Everett v. Restaurant & Catering Corp., 738 So.2d 1015, 1016 (Fla. 2d DCA 1999). Despite this general proposition, when a person slips and falls on a transitory foreign substance, the rule has … Read more
Florida Bar/Florida Association of Realtors Form Contracts “As-Is” v. Inspection (Standard) Form Contracts. What is the difference? What should you use? Commonalities Both forms give Buyer rights to inspect The different forms provide potentially equal (but different) benefits to Buyers and Sellers. Florida Law Still Requires that Seller disclose any known defects that materially effect … Read more