Bernhard Law Firm Secures Florida Supreme Court Victory — Court Denies Appellants’ Motion for Relief, Confirms Dismissal of Untimely Appeal

Bernhard Law Firm won before the Florida Supreme Court, which denied appellants’ motion for relief from dismissal. The Court agreed that appellants’ filings were untimely and jurisdictionally barred, reaffirming that the 30-day deadline to seek review runs from the appellate opinion’s rendition—not the clerk’s mandate—leaving the appeal dismissed with finality.… Read More Bernhard Law Firm Secures Florida Supreme Court Victory — Court Denies Appellants’ Motion for Relief, Confirms Dismissal of Untimely Appeal

Judgment Execution Strategies in Florida: Recipient Beware

In Florida, judgment creditors have powerful tools to pursue assets transferred by debtors—even after those assets land in the hands of third parties. From proceedings supplementary under § 56.29 to claw-back actions under the Florida Uniform Fraudulent Transfer Act (FUFTA), recipients of a debtor’s property may find themselves liable. This article explores key statutory and equitable strategies creditors use to reach assets and what transferees need to know to protect themselves.… Read More Judgment Execution Strategies in Florida: Recipient Beware

Understanding Breaches of Fiduciary Duty by Corporate Boards Under Florida Law

This article provides a primer on corporate fiduciary duties and board breaches under Florida law. If you have questions about breaches of fiduciary duties by corporate directors and officers, please contact Bernhard Law Firm at http://www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com.… Read More Understanding Breaches of Fiduciary Duty by Corporate Boards Under Florida Law

Bernhard Law Firm Represents at Law Day Oral Argument Before the Sixth District Court of Appeal

We are proud to announce that Bernhard Law Firm recently had the privilege of appearing and arguing at the Law Day Oral Argument for the Sixth District Court of Appeal, hosted in the historic Frank Lloyd Wright building at Florida Southern College. The argument focused on the enforcement of forum selection clauses, a crucial issue in contract law that can significantly impact the resolution of legal disputes. We are grateful to Florida Southern College for their hospitality and to the Sixth District Court of Appeal for the opportunity to present before such a distinguished panel.… Read More Bernhard Law Firm Represents at Law Day Oral Argument Before the Sixth District Court of Appeal

Understanding Florida’s Legal Requirements for Appellate Motions: Rehearing, Certification of Conflict, and Written Opinion

In Florida appellate law, motions for rehearing, certification of conflict, and written opinion each serve distinct purposes but are governed by strict rules. A motion for rehearing requires highlighting specific issues the court overlooked, while a motion for certification of conflict must demonstrate a clear and substantial legal conflict. Meanwhile, a motion for written opinion must provide a compelling reason for why a written decision is necessary. Understanding these legal requirements is crucial for anyone navigating the appellate process in Florida.… Read More Understanding Florida’s Legal Requirements for Appellate Motions: Rehearing, Certification of Conflict, and Written Opinion

Fraud by Corporate Officers and Directors in Florida: Legal Implications and Protections

Corporate fraud committed by officers and directors can have severe financial and legal consequences for both the company and its stakeholders. In Florida, corporate officers and directors are bound by fiduciary duties that require them to act in the best interests of the company. When they breach these duties through fraudulent actions—such as misrepresenting financial statements, embezzlement, or insider trading—they can face significant civil and criminal penalties. Florida case law has reinforced the importance of transparency and honesty in corporate governance, with key cases highlighting the liability for fraudulent conduct. Understanding these legal risks and protections is essential for businesses and individuals involved in corporate governance to prevent and address fraud effectively.… Read More Fraud by Corporate Officers and Directors in Florida: Legal Implications and Protections

Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

As 2024 comes to a close, we are thankful for the great work of Uplift Literacy, a nonprofit dedicated to helping children in underserved communities develop essential literacy skills. Through weekly tutoring sessions, Bernhard Law Firm witnessed firsthand the transformative work by Uplift and the Miami schools’ staff, empowering young learners to read proficiently by the end of third grade. We are proud to have contributed to Uplift Literacy’s mission and look forward to continuing our support in the year ahead.… Read More Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

Bringing Holiday Cheer: Bernhard Law Firm’s Toy Drive Success

This holiday season, Bernhard Law Firm had the privilege of giving back to the community by participating in a toy drive benefiting children in need. We were able to deliver a trunk full of hundreds of toys to spread holiday cheer. Seeing all the donations from around the Miami community was a heartwarming reminder of the power of community and the true spirit of giving. We’re grateful to Jackson Memorial for this opportunity and look forward to continuing our efforts to give back in the years to come.… Read More Bringing Holiday Cheer: Bernhard Law Firm’s Toy Drive Success

Litigating Disputes Between Corporate Management in Florida: Legal Insights and Case Law

Corporate management disputes in Florida can arise from a variety of issues, including disagreements over business strategy, executive compensation, or governance practices. When tensions between board members, executives, or shareholders escalate, litigation may become necessary.… Read More Litigating Disputes Between Corporate Management in Florida: Legal Insights and Case Law