Tag: law

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

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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

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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

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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

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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

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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

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