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 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

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

Challenging Attorney’s Fees in Florida Federal Courts

In Florida’s federal courts, challenges to prevailing party attorneys’ fees can be a critical aspect of litigation strategy. Understanding the legal framework and the criteria for a prevailing party is essential for effectively disputing fee claims. This article delves into the complexities of attorneys’ fees, examining key practices such as block billing, duplicative charges, and excessive fees. We’ll explore relevant Florida federal case law that sets important precedents, and outline strategies for challenging unreasonable fee requests, including seeking relief from judgment when necessary. Whether you’re an attorney or a party involved in litigation, this guide provides essential insights for navigating the intricacies of attorneys’ fees in federal court.… Read More Challenging Attorney’s Fees in Florida Federal Courts

Defenses to a Florida Copyright Infringement Lawsuit: Understanding Your Options

Facing a copyright infringement lawsuit can be overwhelming, but knowing your defenses can make all the difference. In our latest blog post, we explore essential defenses such as fair use, public domain, and the significance of intent. We also discuss the potential personal liability of business owners and officers in infringement cases. Understanding these aspects is crucial for anyone in the creative industry or business landscape. Dive in to learn how to protect yourself and your rights!… Read More Defenses to a Florida Copyright Infringement Lawsuit: Understanding Your Options

Condo Association Board Guide to Defending Special Assessments: From 40-Year Recertifications to Reserve Shortfalls

This article provides an in-depth guide on why special assessments may be necessary, how condo associations can defend their decisions, and the key factors unit owners should understand about their rights and responsibilities.… Read More Condo Association Board Guide to Defending Special Assessments: From 40-Year Recertifications to Reserve Shortfalls

Navigating Declaratory Judgments for Condo Associations and HOAs: Milestone Reports and 40-Year Certifications in Florida

This article explores how declaratory judgments can assist Condo Associations and HOAs in managing these regulatory requirements and avoiding potential conflicts, with a focus on Florida Statute 553.899, its legislative history, and recent case law.… Read More Navigating Declaratory Judgments for Condo Associations and HOAs: Milestone Reports and 40-Year Certifications in Florida