Recent Blog Posts
How Ambiguous Terms Can Affect Your Rights Under a Florida Contract
Florida business contracts are often long, complex documents that contain multiple provisions designed to define the rights and obligations of the parties involved. Even the most carefully drafted contract, however, may still contain certain “latent ambiguities.” That is to say, there may be terms in the deal susceptible to more than one interpretation. This,… Read More »
What Is an “Illusory Contract” in Florida?
A contract requires an exchange of obligations. When a purported agreement only imposes obligations on one party but not the other, a Florida court may decline to enforce what is essentially an “illusory” contract. That does not mean that a contract must impose equal obligations on all parties. But every party must have some… Read More »
“Interested Persons” and Florida Probate Litigation
An important concept in Florida probate law is the “interested person.” Essentially, an interested person is someone who has certain legal rights with respect to the administration of a will and probate estate. Depending on the nature of the estate, there may be many interested persons, including individuals who may not realize they enjoy… Read More »
False Advertising in Florida and the Lanham Act
Trademarks provide valuable protection for a Florida business’ name and branding. The Lanham Act, the principal federal statute governing trademarks, allows a trademark holder to sue anyone who uses their mark in “false or misleading advertising” to sue and collect damages. Florida’s Deceptive & Unfair Trade Practices Act (FDUTPA) provides similar protections at the… Read More »
Can You Seek Punitive Damages for a Breach of Contract in Florida?
In Florida personal injury cases, a judge or jury can award punitive damages in exceptional cases where there is “clear and convincing evidence” that the defendant committed intentional misconduct or gross negligence. Put differently, punitive damages are meant to punish especially reprehensible behavior that goes above and beyond ordinary negligence. That is why such… Read More »
Inheritance Disputes Between Siblings: and What You Can Do to Prevent Them
For many families in Florida, the truly difficult part of the probate process is not in navigating the legal framework. Unfortunately, grief all too often turns to familial conflict as family members grapple with how inheritances are distributed. Tolstoy famously stated: “every happy family is alike; every unhappy family is unhappy in its own… Read More »
Durable Power of Attorney vs Medical Power of Attorney: What You Need to Know Part II
In this series installment we conclude this initial conversation concerning durable power of attorney vs. medical power of attorney. We will discuss some general facts surrounding powers of attorney, as well as why it is a good idea to work with a wills & probate attorney when creating a power of attorney. For official… Read More »
Durable Power of Attorney vs Medical Power of Attorney: What You Need to Know Part I
No one anticipates that they will one day become incapacitated. Unfortunately, we cannot know what the universe has in store. No one can tell the future, and preparing for every unknown is a responsible way to ensure your interests and your families’ are looked after: come what may. Understanding how a power of attorney… Read More »
Why You Need to Write a Will
“Alright,” we can just hear you thinking. “Here we go again. So, tell me. WHY do I NEED to write a will?” Yes, you have probably heard that you need to write a last will and testament before. And, just like other important tasks that are easily put off until later, you have probably… Read More »
Common Real Estate Disputes in Florida and How they Arise
Real estate ownership and real estate transactions can be some of the most significant financial decisions in a person’s life. In Florida, property law provides clear guidance to owners and hopeful buyers: yet disputes are still common. Understanding the typical types of real estate conflicts and how they develop can help property owners, hopeful… Read More »