Category Archives: Civil Litigation
AIRBNB and Palm Beach Tax Collector End Six-Year Battle
A six-year long lawsuit came to a conclusion on Monday, October 19, 2020, when the Florida Supreme Court declined an appeal by Palm Beach County Tax Collector Anne Gannon in favor of Airbnb, Tripadvisor and HomeAway (“Airbnb”). In June 2019, Palm Beach County commissioners approved the requirement of the collection and taxes of Airbnb… Read More »
FLORIDA’S SUMMARY PROCEDURE
Summary procedure entitles specific Florida legal proceedings to expedited rules. Under Florida Statute 51.011, accelerating timeframes allows a case to proceed speedily and efficiently. The Florida Rules of Civil Procedure apply in an action ruled by summary procedure, except where statute or rule provides otherwise. When filing pleadings, this process is limited to Plaintiff’s… Read More »
Florida’s Advice of Counsel Defense and Recent Developments
The affirmative defense of advice of counsel is a well-established defense, in some circumstances, under Florida Law. A recent development, however, expands the availability of the defense to some Bar disciplinary proceedings. In effect, the defense is used to shift liability away from the defendant for an alleged wrongful action. Generally, to state such… Read More »
Excusable Negligence Saves the Day for Party that Conveyed a Proposal for Settlement with the Wrong Monetary Amount
A recent opinion from the Fourth District Court of Appeal clarified a party’s ability to withdraw a proposal for settlement after an opposing party accepts the proposal. Florida Rule of Civil Procedure 1.442 governs proposals for settlements and provides that a proposal for settlement, made pursuant to applicable Florida law authorizing the proposal for… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the March Edition of the Broward County Bar Barrister – TRIAL TECHNOLOGY STEPS
Use of Courtroom Technology in The 17th Judicial Circuit Attorneys we regularly have to use technology in the courtroom, which ranges from evidentiary hearings with the use of a video clip, to a full-blown trial with several videos, power point presentations, online presentations, and the like. The last thing you want to do is… Read More »
USING A PRIVATE INVESTIGATOR IN FLORIDA LITIGATION PROCEEDINGS
The use of private investigators (“PI”) in Florida litigation is more common than many people recognize. My general rule is that if the stakes are high enough then the likelihood of parties utilizing PI’s is there. A couple of years ago, Sweeney Law, P.A. was representing a surgeon that was forced into retirement due… Read More »
POST-OCCUPANCY AGREEMENTS IN FLORIDA
Occasionally, the date on which buyer and seller have agreed to close on may not exactly align with the desired timeline of the parties. Usually, buyers wish to occupy the property right after closing. However, sometimes, if the home is located in a desirable location and priced well, a buyer may agree to the… Read More »
CIVIL CONSPIRACY IN FLORIDA
A civil conspiracy, in Florida, involves the following elements: (a) a conspiracy between two or more parties; (b) to do an unlawful act or to do a lawful act by unlawful means; (c) the doing of some overt act in pursuance of the conspiracy; and (d) damage to plaintiff as a result of the… Read More »
Florida’s 55 and Older Communities and the 80/20 Rule
Title VIII of the Civil Rights Act of 1968, also known as the Federal Fair Housing Act, prohibits discrimination due to race, color, religion, sex, handicap, familial status or national origin. Many States have their own Fair Housing Act – in Florida Chapter 760 of the Florida Statutes is dedicated to discrimination issues that expand the protection… Read More »
INDISPENSABLE PARTIES IN FLORIDA LITIGATION
The terms” necessary” and “indispensable” parties are terms of art. Necessary parties are those who must be included in an action either as plaintiffs or defendants unless there is a valid excuse for their non-joinder. Undoubtedly it would be more appropriate to call such parties “conditionally necessary,” general modern usage preferred the shorter term…. Read More »
