A claim of lien may cover the reasonable value of the work performed and in place inclusive of profit and overhead, if such overhead and profit is a component of the reasonable value of the work. Under Florida Law, a lineor is entitled to a lien for money owed for labor, services, and materials provided to … 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
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
Where a building contractor has substantially performed a contract between the parties, the contractor is entitled to be paid the full contract price diminished only by damages which the owner has suffered as the result of such breaches of the contract as may be established by competent evidence. See Fleming v. URDL’s Waterfall Creation, Inc., … Read more
Make a Serious Demand, Seriously, with an Attorney Demand Letter. Attorney Demand Letters, Florida Attorney Demand Letters Litigation usually begins, and can easily end, with a well drafted demand letter from a Florida Attorney. An attorney demand letter is a pre-litigation tool when an attorney reviews your case and demands the appropriate the relief by … Read more
According to F.S. §688.002(4), the phrase “trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process that: a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure … 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