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Contingency Cases: Commercial Litigation, Florida Attorney

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

Does Corporation Need Attorney to Bring or Defend a Lawsuit?

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

Four Bases for Attorney’s Fees Entitlement in Florida

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

Florida Power of Attorney

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

Florida Deceptive and Unfair Trade Practices ACT (FDUTPA), Fla. Stat. Ch. 501, – Punitve or Consequential Damages Not Recoverable

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

Florida Real Estate: Seller and Real Estate Agent Fraud and Misrepresentations

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

MythBusting: Lawsuit to Foreclose a Florida Claim of Lien- One year, No extensions!

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

Florida Lien Machine

Introducing the Florida Lien Machine a  Construction Lien Notice | Construction Lien service provided by Andrew Douglas, P.A.