What is a Charging Order?
March 27, 2026
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A charging order is a court-issued remedy that allows a judgment creditor to reach a debtor’s economic interest in a limited liability company. Rather than
FLORIDA RULES OF CIVIL PROCEDURE
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Even if Dispositive, Statute of Limitations Must Nonetheless Be pled
January 14, 2026
No Comments
In Florida, the statute of limitations is not a “gotcha” issue the court will fix on its own; it is an affirmative defense that must
Confession of Judgment Doctrine as Applicable to a Property Insurance Claim
October 3, 2020
No Comments
Confession of Judgment Doctrine “[I]t is well settled that the payment of a previously denied claim following the initiation of an action for recovery, but
Statute of Limitations Does Not Time Barr a Foreclosure When Enforcing a Lost Note
September 20, 2020
No Comments
A Destin property owner went into default on their condo. The bank forwarded a standard two-(2) count complaint to foreclose on the note and a
What is the Dangerous Instrumentality Doctrine?
August 21, 2020
No Comments
The dangerous instrumentality doctrine is a creation of Florida jurisprudence and decisional law. The doctrine recognizes the importance of extending liability and insurance coverage for
May a Landlord’s Insurer Pursue A Subrogation Action Against the Landlord’s Own Tenant to Recover Damages Paid Out Pursuant to a Property Policy
August 5, 2020
No Comments
Yes….maybe. Florida Courts, however, take a “case-by-case approach,” so the more appropriate answer is “it depends on the facts and the lease. A recent case
Fabre Defendant
August 5, 2020
No Comments
Fabre v. Marin, 623 So. 2d 1182, 1183 (Fla. 1993) established that a defendant may reduce its responsibility by the degree of negligence of a
The State of Florida vs. Michell Espinoza
August 2, 2020
No Comments
The State of Florida vs. Michell Espinoza Third DCA: 3D16-1860 Lower Tribunal No. 14-2923 Https://Www.3dca.Flcourts.Org/Content/Download/466883/5118436/File/3D16-1860.Pdf
What is Waiver?
July 22, 2020
No Comments
…..a trap for the unwary. Waiver has been defined “as the voluntary and intentional relinquishment of aknown right or conduct which implies the voluntary and intentional relinquishment of a known right.” Raymond James Fin. Servs., Inc.
Business Records Exception
July 2, 2020
No Comments
Fla. Stat. § 90.803(6), Florida Evidence Code, an exception to the prohibition on hearsay because such documents have high reliability arsing from a business incentive
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What is a Charging Order?
March 27, 2026
No Comments
A charging order is a court-issued remedy that allows a judgment creditor to reach a debtor’s economic interest in a limited liability company. Rather than
Even if Dispositive, Statute of Limitations Must Nonetheless Be pled
January 14, 2026
No Comments
In Florida, the statute of limitations is not a “gotcha” issue the court will fix on its own; it is an affirmative defense that must
Confession of Judgment Doctrine as Applicable to a Property Insurance Claim
October 3, 2020
No Comments
Confession of Judgment Doctrine “[I]t is well settled that the payment of a previously denied claim following the initiation of an action for recovery, but
Statute of Limitations Does Not Time Barr a Foreclosure When Enforcing a Lost Note
September 20, 2020
No Comments
A Destin property owner went into default on their condo. The bank forwarded a standard two-(2) count complaint to foreclose on the note and a
What is the Dangerous Instrumentality Doctrine?
August 21, 2020
No Comments
The dangerous instrumentality doctrine is a creation of Florida jurisprudence and decisional law. The doctrine recognizes the importance of extending liability and insurance coverage for
May a Landlord’s Insurer Pursue A Subrogation Action Against the Landlord’s Own Tenant to Recover Damages Paid Out Pursuant to a Property Policy
August 5, 2020
No Comments
Yes….maybe. Florida Courts, however, take a “case-by-case approach,” so the more appropriate answer is “it depends on the facts and the lease. A recent case
Fabre Defendant
August 5, 2020
No Comments
Fabre v. Marin, 623 So. 2d 1182, 1183 (Fla. 1993) established that a defendant may reduce its responsibility by the degree of negligence of a
The State of Florida vs. Michell Espinoza
August 2, 2020
No Comments
The State of Florida vs. Michell Espinoza Third DCA: 3D16-1860 Lower Tribunal No. 14-2923 Https://Www.3dca.Flcourts.Org/Content/Download/466883/5118436/File/3D16-1860.Pdf
What is Waiver?
July 22, 2020
No Comments
…..a trap for the unwary. Waiver has been defined “as the voluntary and intentional relinquishment of aknown right or conduct which implies the voluntary and intentional relinquishment of a known right.” Raymond James Fin. Servs., Inc.
Business Records Exception
July 2, 2020
No Comments
Fla. Stat. § 90.803(6), Florida Evidence Code, an exception to the prohibition on hearsay because such documents have high reliability arsing from a business incentive