Category Archives: Uncategorized

Yes, according to a recent First DCA opinion. The issue of whether an attorney’s attempt to collect unpaid legal fees is an act of debt collection, as defined by the FCCPA, was recently addressed in the First District Court of … Continue reading →

The issue of whether a valid Proposal for Settlement, served in compliance with Fla. Stat. s 768.79, “cuts-off” a prevailing party’s claim for attorneys’ fees and costs pursuant to a valid contractual provision, was recently visited as an issue of … Continue reading →

The recent foreclosure epidemic in Florida has resulted in skyrocketing numbers of properties being auctioned off at foreclosure sales. An increasing number of these auctions are being challenged by unsuccessful bidders based on procedural irregularities in the sale process. In … Continue reading →

Another interesting and somewhat controversial ruling was recently released by the California Supreme Court, which is inconsistent with similar rulings from other US jurisdictions. The article is linked below. The substance of the ruling was that no warrant was necessary … Continue reading →

A Jacksonville jury initially delivered a verdict in favor of the Plaintiff in this real estate deal gone-awry litigation involving claims of negligent and fraudulent misrepresentations. The jury found that the Seller (defendant) of the Mayport commercial property failed to … Continue reading →

The First District Court of Appeal just released its opinion affirming a Nassau County Trial Court’s granting of class certification in two separate separate Jacksonville real estate litigation matters involving the same issue: whether a title insurance underwriters have a … Continue reading →

In litigation matters involving multiple claims, parties and courts have often struggled with the issues of who is the real prevailing party? who is entitled to an award of attorneys fees? and for how much? Generally speaking, in Florida, each … Continue reading →

In 1992, the Florida Congress enacted Florida Statute 501.160, to prevent businesses from attempting to gouge consumers during the aftermath of natural disasters by arbitrarily raising prices on commodities and consumer products. The law specifically prohibits “dramatic increases in the … Continue reading →

In a growing number of counties in Florida, just in time for this coming new year’s eve, motorists may be subjected to a new and rapidly growing DUI deterrent described as “No Refusal Checkpoints.” No Refusal Checkpoints work like the … Continue reading →

A right of first offer (also known as a right of first negotiation) is a right created by contract that provides one party with the benefit of being the first party to present an offer to purchase real estate. The … Continue reading →