Category Archives: Civil Litigation
PIERCING THE CORPORATE VEIL IN FLORIDA
A corporation is a legal entity separate and distinct from its shareholders. The corporate form usually protects shareholders from personal liability for the corporation’s debts. Nevertheless, shareholders cannot use corporate status to limit their liability, and then use the corporate form to cover their fraud. Under such conditions, a party may seek to “pierce… Read More »
DEFENSES TO FLORIDA’S CIVIL THEFT STATUTE
Florida’s Civil Theft statute is an appealing claim to many plaintiffs because, if successful, it permits recovery of treble damages and attorney fees. Civil theft claims can be alleged by individuals and businesses alike, and are meant to create civil liability for criminal practices that are violations of 812.012-812.037 or 825.103(1) of the Florida Statutes (i.e. crimes of… Read More »
UNDERSTANDING FLORIDA’S MARKETABLE RECORD TITLE ACT
Florida’s Marketable Record Title Act (Chapter 712 of the Florida Statutes) (“MRTA”) was passed in order to liberate real property from older title defects by prescribing a 30-year limitations period on certain matters of title. As stated in Florida Statute Section 720.04, “a marketable record title is free and clear of all estates, interests,… Read More »
PREJUDGMENT WRIT OF GARNISHMENT IN FLORIDA
Prejudgment remedies in Florida are useful tools that can set the tone in litigation. Prejudgment remedies often times place opposing parties on notice that the matter is going to be aggressively handled and that the claim is well financed. One of the most useful and practical prejudgment remedies in Florida is having the Court… Read More »
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS DAMAGES IN FLORIDA
When filing a claim for damages it can sometimes be difficult to put a liquidated, tangible number on the amount of damages actually suffered by the plaintiff. Sometimes these damages are emotion pain and suffering that cannot always be accurately quantified. Florida law permits two categories of claims to recover damages for emotional distress…. Read More »
FRAUDULENT CONVEYANCES IN FLORIDA
A fraudulent transfer in Florida occurs when a debtor transfers legal title of property to a third party with the intent to hinder, delay, or defraud a present or future creditor. A fraudulent conversion, on the other hand, is when a debtor converts non-exempt property subject to creditor attack to a different type of property, still owned by… Read More »
DISTRIBUTION OF SURPLUS FUNDS AFTER FORECLOSURE SALE IN FLORIDA
After the foreclosure sale of a property there are sometimes remaining monies that have not been claimed, these remaining funds are called surplus funds. Florida Property owners going through the foreclosure process for a long time dealt with an issue regarding when, if ever, they would be entitled to any surplus funds from the… Read More »
SELLER’S DUTY TO DISCLOSE FLORIDA PROPERTY DEFECTS
Prior to 1985 when a buyer bought a property, they did so at their own risk as far as the condition of the property but with the Florida Supreme Court’s ruling in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) that all changed. In Johnson v. Davis, a buyer sued a seller in… Read More »
The Florida Lis Pendens
A “lis pendens” is a written notice that a lawsuit has been filed which affects title to real property or some interest in that real property. A lis pendens is regularly referred to as a “cloud on title” and will stop the homeowner from selling or attaining refinancing on their property until the lis… Read More »
FLORIDA’S LONG-ARM STATUTE
Synopsis of Personal Jurisdiction in Florida Establishing personal jurisdiction in Florida is usually very simple. A Florida court has personal jurisdiction if the Defendant is a Florida resident. See Patten v. Mokher, 184 So. 29, 30 (Fla. 1938). For nonresident Defendants, a Florida court has personal jurisdiction if the Defendant is served with process while… Read More »
