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Florida Law

Avoiding Eviction Pitfalls: Why Landlords Should Be Cautious with Zelle and Direct Deposit Payments

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When managing rental properties, landlords often look for convenient ways to collect rent, such as Zelle, direct deposit, or other electronic payment methods. However, these seemingly convenient options can create serious legal complications—especially when a tenant is in default and eviction proceedings have commenced. The Risk of Inadvertent Waiver Under Florida law, accepting rent payments … Read more

Pleading Subject Matter Jurisdiction – Consistency with Exhibits

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subject matter jurisdiction florida

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

Failing to Perform Contract Promise is Not Fraudulent Inducement

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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

Setting Default Interest Rates and Post-Judgment Interest Under Florida Law

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florida judgment interest law

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

Oral Loans: When does the Statute of Limitations Begin to Run?

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Statute of Limitations Florida Law

Loan money a long time ago and never get paid back? Never ask for the money back? If you answered yes to both questions, you may still have a case. When does the limitations period begins to run on an oral loan that either does not contain repayment terms or is payable on demand? Section 95.11(3)(k), Florida … Read more

Florida Bar/Florida Association of Realtors Form Contracts “As-Is” v. Inspection (Standard) Form Contracts

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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

Criminal Defense: Confrontation Clause of Sixth Amendment Under Florida Law

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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. Construction Attorney Representing Landscape Architects

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Andrew Douglas, P.A. Construction Attorney Representing Landscape Architects Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Landscape Architectss. A Landscape Architects is defined under Florida Law as: “Landscape architecture” means professional services, including, but … Read more

Andrew Douglas, P.A. Construction Attorney Representing Interior Designers and Interior Decorators

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Interior Designers and Interior Decoratorss. A Interior Designers and Interior Decorators is defined under Florida Law as: “Interior design” means designs, consultations, studies, drawings, specifications, and … Read more

Andrew Douglas, P.A. Construction Attorney Representing Underground Utility and Excavation Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Underground Utility and Excavation Contractors. A Underground Utility and Excavation Contractor is defined under Florida Law as: “Underground utility and excavation contractor” means a contractor whose … Read more

Andrew Douglas, P.A. Construction Attorney Representing Swimming Pool/Spa Servicing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Swimming Pool/Spa Servicing Contractors. A Swimming Pool/Spa Servicing Contractor is defined under Florida Law as: “Swimming pool/spa servicing contractor” means a contractor whose scope of work … Read more

Andrew Douglas, P.A. Construction Attorney Representing Residential Pool/Spa Contractor

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Residential Pool/Spa Contractors. A Residential Pool/Spa Contractor is defined under Florida Law as: “Residential pool/spa contractor” means a contractor whose scope of work involves, but is … Read more

Andrew Douglas, P.A. Construction Attorney Representing Engineers

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Engineerss. A Engineers is defined under Florida Law as: “Engineering” includes the term “professional engineering” and means any service or creative work, the adequate performance of … Read more

Andrew Douglas, P.A. Construction Attorney Representing Mechanical Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Mechanical Contractors. A Mechanical Contractor is defined under Florida Law as: “Mechanical contractor” means a contractor whose services are unlimited in the execution of contracts requiring … Read more

Andrew Douglas, P.A. Construction Attorney Representing Air Conditioning Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Air Conditioning Contractor. An Air Conditioning Contractor is defined under Florida Law as: “Class A air-conditioning contractor” means a contractor whose services are unlimited in the … Read more

Andrew Douglas, P.A. Construction Attorney Representing Commercial Pool/Spa Contractors

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Andrew Douglas, P.A. Construction Attorney Representing Commercial Pool/Spa Contractors Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Commercial Pool/Spa Contractor. A Commercial Pool/Spa Contractor is defined under Florida Law as: “Commercial pool/spa contractor” means … Read more

Andrew Douglas, P.A. Construction Attorney Representing Plumbing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Plumbing Contractor. A Plumbing Contractor is defined under Florida Law as: “Plumbing contractor” means a contractor whose contracting business consists of the execution of contracts requiring … Read more

Andrew Douglas, P.A. Construction Attorney Representing Solar Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Solar Contractor. A Solar Contractor is defined under Florida Law as: “Solar contractor” means a contractor whose services consist of the installation, alteration, repair, maintenance, relocation, … Read more

Andrew Douglas, P.A. Construction Attorney Representing Pollutant Storage Systems Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Pollutant Storage Systems Contractor. A Pollutant Storage Systems Contractor is defined under Florida Law as: “Pollutant storage systems contractor” means a contractor whose services are limited … Read more

Andrew Douglas, P.A. Construction Attorney Representing Glass and Glazing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Glass and Glazing Contractor. A Glass and Glazing Contractor is defined under Florida Law as: “Glass and glazing contractor” means a contractor whose services are unlimited … Read more

Andrew Douglas, P.A. Construction Attorney Representing Architects

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Architects. An Architects is defined under Florida Law as: “Architect” or “registered architect” means a natural person who is licensed under this part to engage in … Read more

Andrew Douglas, P.A. Construction Attorney Representing Roofing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Roofing Contractor. A Roofing Contractor is defined under Florida Law as: “Roofing contractor” means a contractor whose services are unlimited in the roofing trade and who … Read more

Andrew Douglas, P.A. Construction Attorney Representing Sheet Metal Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Sheet Metal Contractor. A Sheet Metal Contractor is defined under Florida Law as: “Sheet metal contractor” means a contractor whose services are unlimited in the sheet … Read more

Andrew Douglas, P.A. Construction Attorney Representing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Contractor. A Contractor is defined under Florida Law as: “Contractor” means the person who is qualified for, and is only responsible for, the project contracted for … Read more

Clerk’s Default, Court Default, Final Default Judgment – Vacating Defaults in Florida State and Federal Courts.

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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

DUI Law Summary

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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

Florida Power of Attorney

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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

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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

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

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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