Further, the moving party bears the burden of refuting all affirmative defenses, and Florida law prohibits entry of summary judgment where Plaintiff has not effectively refuted all affirmative defenses with plaintiff affidavits and other admissible evidence.… Read More Florida’s Summary Judgment Standard
This article covers some of the ins and outs of asserting privilege when defending discovery directed at an attorney or law firm. If you have any questions as to asserting privileges… Read More The Ins and Outs of Privilege in Florida
Attorney Andrew Bernhard of Bernhard Law Firm recently provided oral argument at the Third District Court of Appeal, Miami, Florida.… Read More Attorney Andrew Bernhard argues at the Third District Court of Appeal
Constitutional due process requires every trial court to provide every person with certain fairness and procedural safeguards throughout a court proceeding. Due process requires that a trial court shall not . . . [click to read]… Read More Florida Due Process Primer – What Basic Safeguards to Expect from Your Trial Court
No other Court has ever stated that there is a “sole purpose” requirement or evidentiary burden to that effect for non-residents.… Read More Is There A Sole Purpose Requirement to the Non-Resident Witness Immunity Rule?
You just won a case, the window for rehearing has elapsed; you take a breath, and then receive a motion to vacate. What now? Check the timing, events after judgment, and grounds alleged to initially make sure the motion is not using improper grounds to vacate. After reading below, if you have more questions on… Read More Primer on Improper Grounds to Vacate a Judgment – the Unreasonable Motion to Vacate
Bernhard Law Firm celebrates that Super Lawyers Magazine has named Miami attorney Andrew Bernhard as a 2018 Rising Star. This is the third year in a row. No more than 2.5% of Miami attorneys are named to the Rising Stars list.… Read More Super Lawyers Magazine Names Andrew Bernhard to Top 2.5% for Third Year
This article walks through how to vacate a default or set aside a default after answering in Florida. If you have any questions as to vacating a default or default judgment, or setting aside, please contact Bernhard Law Firm at firstname.lastname@example.org, 786-871-3349, http://www.bernhardlawfirm.com. Bernhard Law Firm is based in Miami, Florida.… Read More Default After Answer? – How to Vacate a Default or Set Aside a Default After Answering
Under Florida Rules of Civil Procedure 1.250(a) and 1.270(b), any claim against any party may be severed and proceeded with separately, where: (i) the injuries are separate and occur at different times… Read More What is a Motion to Sever for Misjoinder in Florida?
This week, Bernhard Law Firm was delivering food to the South Florida community’s high-risk, disabled, and elderly community through Meals on Wheels.… Read More Bernhard Law Firm delivers food to the community with Meals on Wheels