Can a broker be liable for the actions of an associate? There are many large real estate brokerages that employ many sales associates, and if an associate does mishandle escrow funds or commits other law or rules violations the broker may be liable and subject to a disciplinary action by the DPBR. Section 475.25, Florida Statutes … Read more
Florida law requires contractors to include 2 mandatory provisions in their contracts when the contract is for improvement to residential property, the Florida Lien Law disclosure and the Florida Homeowner’s Construction Recovery Fund. FLORIDA LIEN LAW MANDATORY PROVISION FOR DIRECT CONTRACTS Source: Fla. Stat. 713.015 Mandatory provisions for direct contracts.— Applies to: Any direct contract greater than $2,500 … Read more
The circuit courts of Florida have subject matter jurisdiction over actions at law in which the matter in controversy exceeds $ 15,000, exclusive of interest, costs, and attorney’s fees. See Art. V, § 20(c)(3), Fla. Const.; §§ 26.012(2)(a), 34.01(1)(c)4., Fla. Stat. (2003). In determining whether the trial court’s jurisdiction was properly invoked, the controlling standard … Read more
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