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

Bernhard Law Firm Secures Appellate Win in Major Cross-Border Commercial Dispute

Bernhard Law Firm successfully defended a major commercial litigation victory in Florida’s Sixth District Court of Appeal, securing dismissal of a duplicative lawsuit filed in violation of a binding Ontario forum selection clause. The appellate court upheld the enforceability of the clause, reinforcing contractual certainty in cross-border business disputes.… Read More Bernhard Law Firm Secures Appellate Win in Major Cross-Border Commercial Dispute

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

Appellate Win for Bernhard Law Firm in Miami-Key Biscayne Luxury Jewelry Case: Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claims Affirmed Dismissed

Bernhard Law Firm secured a significant appellate victory for a Miami-Key Biscayne jeweler, successfully defending against FDUTPA claims and affirming a breach of contract counterclaim. The court ruled that the buyer, an experienced and knowledgeable luxury jewelry purchaser, failed to prove damages or deceptive practices after purchasing a Sylva & Cie jewelry art piece at a fair market price. This win highlights the firm’s strength in defending businesses against baseless claims and enforcing valid contracts.… Read More Appellate Win for Bernhard Law Firm in Miami-Key Biscayne Luxury Jewelry Case: Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claims Affirmed Dismissed