“The law requires that each defendant have sufficient time to prepare a defense, including the opportunity to utilize available procedural discovery rules provided for that purpose. Florida Rule of Criminal Procedure 3.220(a) (1)(i) requires the prosecution to disclose to defense counsel the “names and addresses of all persons known to the prosecutor to have information … 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
The Sixth Amendment right of confrontation provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” U.S. Const. amend. VI. The United States Supreme Court has held that a hearsay statement offered against the defendant violates this constitutional right if (1) the … Read more
Andrew Douglas, P.A. now offers residential eviction services from all statutory notices through to obtaining possession and monetary damages. We offer a flat fixed rate for tenant evictions (to obtain a writ of possession), and a reasonable fixed hourly rate to recover unpaid rents and other money damages. Call now to discuss your eviction case.
Significant Issues Test Applicable to Determine Attorney’s Fees Entitlement Under 713.29, Florida Statute for Lien Foreclosure Actions FRANK J. TRYTEK, et al., Petitioners, vs. GALE INDUSTRIES, INC., etc., Respondent. No. SC07-1641 SUPREME COURT OF FLORIDA 3 So. 3d 1194; 2009 Fla. LEXIS 257; 34 Fla. L. Weekly S 247 ” Trial courts are required to … Read more
As a construction attorney the issue of how to calculate damages comes up often. Generally, a contractor has their own idea on how to calculate its damages, but generally they are not correct. In the case where a contract is substantially completed , the contract price between the parties will likely govern the value of work … Read more
Want to satisfy a judgment but cannot find or get cooperation of the judgment-creditor? There are options. Fla. Stat. 55.141 provides a method to obtain a satisfaction of judgment by just dealing with the clerk. Judgment debtors may want to use this statute if: The cannot find the judgment holder, Judgment holder not-cooperating – will … Read more
Arrested for Unlicensed Contracting Unlicensed Contracting Broward County and Dade County have been setting up stings and actively pursuing unlicensed contractors. If you have been arrested for the crime of unlicensed contracting, we can help. Andrew Douglas is a construction litigation attorney and former prosecutor, and can help you to achieve the best possible result … Read more
Florida Non-Compete Agreements, Non-Solicitation, Non-Disclosure, and Non-Disparagement Agreements Non-Compete Agreements are disfavored by the Courts, as against public policy, but are enforced by Courts when they comply with Florida Statute 542.335. Fla. Stat. 542.18 – General Rule Making Restraints Unlawful- Restraint of trade or commerce.—Every contract, combination, or conspiracy in restraint of trade or commerce in … Read more
Contingency Cases Most attorneys only take commercial litigation cases on an hourly rate basis. We take contingency construction cases. Call us for a case evaluation to see if your case qualifies for contingency fee representation. Contingency Cases Contingency Cases – a contingency fee structure is available for certain construction case. We look at different factors in determining … Read more
Contingency Construction Cases Most attorneys only take construction cases on an hourly rate basis. We take contingency construction cases. Call us for a case evaluation to see if your case qualifies for contingency fee representation. Contingency Construction Cases Contingency Construction Cases – a contingency fee structure is available for certain construction case. We look at … Read more
Andrew Douglas, P.A. has a new office suite. Same address with a new suite. Our new address is- 1776 N. Pine Island Road, Suite 104 Plantation, Florida 33322
Andrew Douglas, P.A. can help you recover and find justice if your civil rights have been violated. In evaluating civil rights violation cases we look at the following factors to determine the likelihood of success: 1. Does your case come from an interaction with a government official, police officer, or other government employee? 2. If … Read more
Small Business Attorney: A Small Business Attorney For All Aspects of Your Small Business and Personal Life In this economy every dollar counts, you need to see a Small Business Attorney for your business and your personal matters. Small Business Attorney is for more than your just business it is your one stop attorney for … Read more
Article can be found here: http://www.verobeach32963.com/ Author identified me as Doug Andrews, but it’s really me. Promise.
Construction Litigation: Collecting Amounts Due for Work on a Construction Project When Written Demands for Payment Fail, you may need to see a Construction Litigation Attorney Construction litigation is court proceedings that arise out of a construction project. A construction litigation case can by or between any of the players in the construction process including … Read more
A Discussion on Florida Civil Theft: Does Motive Matter, or Does Intent Only Matter? Motive is legally defined as motive n. in criminal investigation the probable reason a person committed a crime, such as jealousy, greed, revenge or part of a theft. While evidence of a motive may be admissible at trial, proof of motive … Read more
While trolling the internet I came across an article that gives advice on how to prepare a construction claim, and preserve evidence and documentation. Here are a few tips. Keep written records. Although conditionsat Projects may constantly change, make sure you have a process in place to reduce to writing all pertinent facts that affect … Read more
Does a Florida Corporation Need to be Represented by an Attorney In Court? Yes, but with one exception. A corporation may not represent itself through non-lawyer employees, officers, or shareholders. Nicholson Supply Co. v. First Federal Savings & Loan Ass’n of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966); See also Szteinbaum v. Kaes … Read more
Default Basics. A default occurs in litigation when a party fails either to respond to a lawsuit, and less often can be entered against a party who fails to comply with a court order. In Florida, a party in most cases has 20 days to answer a lawsuit. If that party fails to file any … Read more
The firm serves as local counsel for firms from California to New York. If you need local counsel in South Florida, please call us to discuss your case.
In Florida there are generally 4 bases to obtain attorney’s fees as damages in a lawsuit. The general rule also known as the “American Rule” is that each party bears its attorneys fees in litigation, it is the default rule in Florida. However, here are the exceptions to that rule. 1. Statutory Basis for Attorney … Read more
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the … Read more
This is a quick guide as to the meaning and benefits of the Florida Homestead Exemption. While many states have some sort of Homestead benefits, Florida’s Homestead laws provide the Country’s most generous set of benefits to its homeowners. The term Homestead exemption in Florida may refer to four different types of homestead exemptions/benefits under Florida law: … Read more
Ever wonder how the lottery can advertise a jackpot of $100 million, and that means that the winner receives a lumpsum payment of only approximately $40 million, or receive 3.33 million each year for 30 years. The fact is that the Florida Legislature explicitly permits the lottery to advertise the jackpot as the sum of … Read more
Clients are always asking me questions about power of attorney documents. Therefore, I created this post with valuable information form Florida Statute and the Florida Bar. I am starting off with a copy of my General Power of Attorney Form which covers everything (a kitchen sink Power of Attorney). This General Power of Attorney is … Read more
What type of damanges are recoverable under FDUTPA? Answer: Actual Damages, Florida Statute states specifcally which remedies are available under a FDUTPA claim stating, 501.211 Other individual remedies.— … (2) In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, … Read more
Are you a victim of a real estate transaction gone wrong? Did an agent, broker, or seller make misrepresentations about the property which are now causing you problems? Not disclose issues affecting the value of your property? Unauthorized work and work performed without permits to the property Undisclosed liens and other title defects Undisclosed defects in construction … Read more
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There is a common misconception(myth) among contractors that the deadline to file a lawsuit on a claim of lien can be extended beyond the one year statutory period simply by refiling the same claim of lien before the expiration of the first. This is inaccurate. Simply put, you have 1 year from the recording of … Read more