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
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
Bernhard Law Firm has obtained a dismissal from proceedings supplementary for a Coral Gables commercial building owner in Miami Circuit Court.… Read More Bernhard Law Firm gets full dismissal for Coral Gables commercial landowner
Yesterday in Bartram v. U.S. Bank National Association, the Florida Supreme Court repeatedly quoted Miami attorney Andrew Bernhard in answering “a question of great public importance” in the banking and lending sector.… Read More Florida Supreme Court quotes attorney Andrew Bernhard in answering banking “question of great public importance”