Attorney Bernhard managed to change my opinion and made me realize that there is still excellent attorneys out there. In his own words ” Eric you deserve you day in court”. With that passion, he took my case, went to work and won! I will forever be grateful.… Read More Andrew Bernhard received a “Lawyer of Lawyers” 5-star client review
Preliminary injunctive relief requires establishing: (i) the likelihood of irreparable harm and the unavailability of an adequate remedy at law, unless the action is to enforce real property covenants; (ii) substantial likelihood of success on the merits; (iii) that the threatened injury outweighs any possible harm; and (iv) that granting a preliminary injunction will not disserve the public interest.… Read More THE PRELIMINARY INJUNCTION PRIMER: RESTRAINING ORDERS IN FLORIDA CIVIL DISPUTES
Bernhard Law Firm files two new contract breach lawsuits on Florida high-value properties, is engaged to facilitate an SEC investigation into a multi-million dollar Ponzi scheme, and files appearances to defend two contract breach suits.… Read More Bernhard Law Firm files two new contract breach lawsuits on Florida high-value properties, engaged to facilitate SEC investigation in investment scam, and files appearances to defend two other contract breach suits
Bernhard Law Firm has been engaged to appeal a Jacksonville court’s order vacating a default final judgment. Bernhard Law Firm has also been engaged to seek an appellate court’s writ of mandamus compelling the trial court to enter judgment in the lawsuit.… Read More Bernhard Law Firm Engaged to Appeal Order Vacating Judgment and to Seek Writ of Mandamus for Default Final Judgment
Attorney Andrew J. Bernhard of Bernhard Law Firm presented oral argument to Florida’s Third District Court of Appeal on July 8, 2015.… Read More Attorney Andrew J. Bernhard presents argument to the Third District Court of Appeal
In today’s fast-paced real estate market, many investors are buying property that is involved in litigation. These investors may discover that the court prohibits them from intervening in the lawsuit, relying on the term “purchaser pendente lite.” The purchaser pendente lite theory can prohibit a purchaser from defending their new property in a lawsuit that was already pending when the property was bought. This often leaves new property buyers with no course but to simply observe while their property is subjected to a court judgment and sale in public auction.… Read More Exceptions to the Purchaser Pendente Lite Theory – A Buyer’s Guide for Real Property Investors in Litigation
The goals of the Declaratory Judgment Act include: (i) relieving litigants of the old common-law rule that a declaration of rights cannot be adjudicated unless the right has already been violated; (ii) rendering practical help in ending controversies which have not reached a stage where other legal relief is immediately available; (iii) settling uncertainties with respect to rights, status, or other equitable and legal relationships; (iv) avoiding multiple suits; and (v) providing clarity where technical or social changes have placed in doubt one’s rights, immunities, status, or privileges. … Read More Resolving Disputes Through Declaratory Relief: Your Primer to Florida’s Declaratory Judgment Act
Responding to shotgun motions to strike affirmative defenses and other portions of pleadings is a typical (becoming hackneyed) step of defending civil lawsuits in Florida. … Read More Improper Grounds to Strike Affirmative Defenses and Pleadings in Florida
Florida Supreme Court’s 2014 decision of Basulto, v. Hialeah Automotive reflects a new judicial resistance to enforcement of arbitration provisions without review of the arbitration provision’s terms or the circumstances surrounding execution of the arbitration agreement. Businesses and consumers should be aware of this changing tide in arbitration enforcement to adequately exercise or protect their rights.… Read More The Arbitration Game Is Changing in Florida
Attorney Andrew Bernhard‘s law firm files two new fraud lawsuits this past month. The fraud-based lawsuits cover both construction fraud and construction defect matters, as well as business disputes and joint venture agreement breaches. See excerpts of the lawsuit pleadings below. THE FIRST LAWSUIT The first, a Miami-Dade lawsuit between a property owner and several… Read More Attorney Andrew Bernhard’s law firm files two new fraud lawsuits
Fraud Lawyers Florida on Consumer Fraud 