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

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

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

Bernhard Law Firm Wins 7-Year Battle Over 50-Year-Old Real Estate Probate in St. Augustine

This week Bernhard Law Firm won a 7-year battle over real estate in the historic Lincolnville neighborhood just below the Castillo de San Marcos National Monument in St. Augustine, Florida. The Court adopted Bernhard Law Firm’s reasoning in whole.… Read More Bernhard Law Firm Wins 7-Year Battle Over 50-Year-Old Real Estate Probate in St. Augustine