Category Archives: Civil Litigation
Does the Losing Side Pay my Attorney’s Fees?
Broadly speaking, there are two approaches to the payment of the winning, or “prevailing,” party’s attorney’s fees at the conclusion of a civil litigation suit. The “English Rule” In some other countries outside of the U.S., courts recognize and apply the “English Rule” for determining responsibility for attorney’s fees: the losing party will usually… Read More »
Can Landlords Evict for Uncleanliness?
What is “clean”? A child who grew up with parents who pushed for military-level precision and spotlessness will have a different idea of the concept of “clean,” than a child who was raised by a hoarder who was too overwhelmed to do anything more than clear a pathway. Because we all have our own… Read More »
Key Items Every Landlord in Florida Should Know
Becoming a legitimate landlord requires more than planting an empty R.V. in your yard and putting out a vacancy ad in the local classifieds. Landlords in Florida are required to comply with various rules and standards. These laws are in place to protect the renter, as well as the landlord, should the situation arise…. Read More »
Michael Oher Case Highlights Importance of Understanding Conservatorships
If you’ve lived in America for the past 20 years, odds are you are very familiar with the film “The Blind Side” and its principle subject, Michael Oher. Mr. Oher is a former NFL player (left tackle) whose story from down-and-out kid to celebrated NFL star was dramatized for the silver screen. The film… Read More »
When to Bring in an Attorney During Landlord/Tenant Disputes
Landlord/tenant relationships are one of the most marked and historic relationships in society. The concept of a tenant occupying and utilizing a piece of the land owner’s property in exchange for a fee or a percentage of profit is something that has been in place for hundreds, if not thousands, of years. In this… Read More »
What Should You Do Before Withholding Rent Due To A Code Violation?
Rent nowadays is not cheap. Many people work long hours every day in order to make ends meet. One thing that all of this work is supposed to guarantee, in many people’s minds, is that their landlord will be responsive and sufficiently address any significant deterioration of the home. Florida statutes require landlords to… Read More »
Contingent Payment Clauses In Florida Construction Contracts
The state of Florida has been a hub for construction for years. This has been particularly true in recent years during the real estate market boom. In the past few years, the housing and property market has skyrocketed. As is so often said, land is a good investment – they are not making any… Read More »
Kanye West Lawsuit Highlights Contract Breach In Rental Contracts
Kanye (Ye) West was recently sued by a Florida business for breach of contract after he “refused to pay (Plaintiff) for the reservation, customization, and use of its rental space as a recording studio.” The space in question is a “shoppable showroom” with curated art collections and other design and furniture pieces. The diverse… Read More »
What Is The Difference Between A Void And Voidable Judgment In Civil Litigation?
There are two related but often misunderstood concepts in Florida civil litigation: void and voidable judgments. A void judgment refers to a civil judgment that is inherently defective. Once a judgment is found void, it is as if it never existed at all. A voidable judgment, in contrast, is one that is somehow procedurally… Read More »
Using Arbitration Agreements To Resolve Civil Disputes In Florida
The prospect of contract litigation is often daunting for Florida business owners. One way to help insure against the risk of potentially lengthy litigation is to include binding arbitration clauses in business contracts. Federal law provides strong protections for such arbitration agreements, which can help provide for a quicker, less costly resolution should a… Read More »