A Step-by-Step Legal and Practical Guide for Florida Property Owners Hiring a contractor should move your project forward—not leave you with substandard work, unfinished spaces, or thousands of dollars in damage. Unfortunately, many Florida property owners—both residential and commercial—find themselves asking the same question:“What do I do now that the contractor abandoned the job or … Read more
Executing a lien on behalf of the contracting entity does not create individual liability. See BRUCE TANSEY CUSTOM CARPENTRY, INC. v GOODMAN , 33 So.3d 70, (Fla. 2nd DCA 2010), “Even if the complaint had alleged that Tansey was individually liable, the evidence did not support individual liability where Custom Carpentry was the lienor and Tansey signed … 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
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
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
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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
Great story demonstrating government agency incompetence in Florida. http://www.miamiherald.com/2011/04/30/2194842_p4/once-pride-of-florida-now-scenes.html