Pursuant to 542.335(1)(f), Fla. Stat., there is a requirement for specific language in the non-compete agreement that authorizes enforcement of that agreement by an assignee or successor , stating, 542.335(1)… (f) The court shall not refuse enforcement of a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an … Read more
In Florida, a party to a contract may seek to invoke the equitable jurisdiction of the Court to enforce a contract that does not accurately reflect the agreement made by the parties. If the Contract does not accurately reflect the agreement between the parties, a party can ask the Court to reform the contract to accurately reflect the true intentions … Read more
The normal course of action when a Florida Court (or a South Florida Court at least in my experience) enters a final judgment is for the clerk to record such judgment in the Official Records of the same County. However, this action by the Clerk does not cause such judgment to attach to real property of … Read more
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
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
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
It’s the Fourth of July 2011, and the Casey Anthony Jury is out. I have been following this matter only superficially, and asking others their opinions on the case. Here is my quick “two-sense” (sic.) I am not going to tell you what I think the jury should do (Okay, maybe I am… a little), … Read more
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