Tag: lawyer

Enforcing and Defending Foreign Judgments in Florida: A Complete Guide

A foreign-country money judgment can’t be enforced in Florida until it is recognized here. This guide covers Florida’s Uniform Out-of-Country Foreign Money-Judgment Recognition Act (§§ 55.601–55.607): the filing and 30-day objection procedure, the defenses to recognition, comity and declaratory judgment as alternatives, and what F.V. de Araujo v. Dantzler Lumber means for creditors and debtors.… Read More Enforcing and Defending Foreign Judgments in Florida: A Complete Guide

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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

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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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Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

As 2024 comes to a close, we are thankful for the great work of Uplift Literacy, a nonprofit dedicated to helping children in underserved communities develop essential literacy skills. Through weekly tutoring sessions, Bernhard Law Firm witnessed firsthand the transformative work by Uplift and the Miami schools’ staff, empowering young learners to read proficiently by the end of third grade. We are proud to have contributed to Uplift Literacy’s mission and look forward to continuing our support in the year ahead.… Read More Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

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Bringing Holiday Cheer: Bernhard Law Firm’s Toy Drive Success

This holiday season, Bernhard Law Firm had the privilege of giving back to the community by participating in a toy drive benefiting children in need. We were able to deliver a trunk full of hundreds of toys to spread holiday cheer. Seeing all the donations from around the Miami community was a heartwarming reminder of the power of community and the true spirit of giving. We’re grateful to Jackson Memorial for this opportunity and look forward to continuing our efforts to give back in the years to come.… Read More Bringing Holiday Cheer: Bernhard Law Firm’s Toy Drive Success

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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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