This article covers the non-resident witness immunity rule, its exceptions, a rule illustration, support from other decisions, and tips to avoid confusion with other jurisdictional issues. … Read More The Non-Resident Witness Immunity Rule – More Info to Help You
This week, Bernhard Law Firm obtained a court order vacating a $2.2 million final judgment in Miami, by raising constitutional concerns with the procedure leading up to the judgment. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result).… Read More Bernhard Law Firm Gets $2.2 Million Judgment Vacated on Constitutional Due Process Grounds
Bernhard Law Firm obtained a $160,000 pay-out for its Brazilian client after a Chinese buyer walked out of a condo purchase the day before closing. … Read More Bernhard Law Firm gets seller $160K after Chinese buyer walks out of condo closing
Under well-settled Florida law, a corporate officer has immunity from service of process while attending corporate deposition, even where the officer is a non-served individual defendant in the same case.… Read More SERVING A SUMMONS AT CORPORATE DEPOSITION – MORE TROUBLE THAN IT’S WORTH?
First, walk into the motion for default by thinking about the standard you will face on a challenge later. Under Florida law, there is a strong preference for lawsuits to be determined on the merits rather than by default judgment.… Read More Quick tips to avoid due process pitfalls with defaults and default judgments
A Texas federal court has repeatedly quoted Miami attorney Andrew Bernhard in its decision to allow a federally regulated banking trust to amend or alter its judgment.… Read More Attorney Andrew Bernhard repeatedly quoted in opinion by Texas federal court
The motion for rehearing fails to cite a rule, fails to say anything new, and seems more a last way to churn the bill than a good faith argument. Now you must respond… Read More Response to a Motion for Rehearing in Florida – Grounds to Deny Without More Hearings
Through these acts, losing parties cause significant additional attorney’s fees and costs. It is imperative to seek maximum recovery. Here’s a basic approach:… Read More Getting Maximum Attorney’s Fees After Judgment
Any purchaser should have second thoughts before buying property “as-is.” If a buyer chooses to go forward as-is, the buyer should make these extra efforts while performing due diligence before closing… Read More Second Thoughts Before Buying a Home As-Is: Take These Extra Steps!
For these particularly adroit defendants, Florida created proceedings supplementary. Proceedings supplementary allow a winning plaintiff (i.e. a judgment creditor) to go after property the losing defendant (i.e. a judgment debtor) held within the year before the lawsuit began… Read More How to collect a judgment in Florida proceedings supplementary