THE PRELIMINARY INJUNCTION PRIMER: RESTRAINING ORDERS IN FLORIDA CIVIL DISPUTES

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 engaged to respond to appeal in construction abandonment lawsuit

The petition on behalf of the construction contractors challenges a trial court’s denial of a motion to reinstate the construction company’s dismissed counterclaims. The building owners have engaged Bernhard Law Firm to respond to the appeal. … Read More Bernhard Law Firm engaged to respond to appeal in construction abandonment lawsuit

Bernhard Law Firm obtains immediate dismissal against mass credit pooler

The creditor plaintiff dismissed with prejudice within one month of Bernhard Law Firm’s appearance in the case. The creditor’s suit alleged that Bernhard Law Firm’s client had engaged in creditor-debtor business with a national creditor, who eventually transferred a mass credit pool to the plaintiff. Bernhard Law Firm appeared in its client’s defense, raising numerous procedural and transfer issues, and the creditor immediately dismissed with prejudice.… Read More Bernhard Law Firm obtains immediate dismissal against mass credit pooler

Exceptions to the Purchaser Pendente Lite Theory – A Buyer’s Guide for Real Property Investors in Litigation

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