Civil Litigation
How Long is a Final Judgment Good for in Florida?
Having a final judgment granted in your favor is sometimes not the end of a legal proceeding, there is always
Oscar Gomez
January 6, 2021
Oscar Gomez
Contract
How Hard is it to get out of a Timeshare Contract?
Timeshares are some of the greatest ways to own a vacation home, but also sources of the greatest headaches in
Oscar Gomez
December 22, 2020
Real Estate Law
What is a “Condition Precedent” to Filing a Foreclosure Action in Florida?
In Florida, if a bank, lender or servicer anticipates filing a foreclosure action, there are certain steps it must take prior to doing so. These provisions are called conditions precedent to foreclosure. State and federal law, as well as the contractual language of the mortgage and promissory note, set forth some of those requirements. Financial institutes are under the obligation to abide by these conditions. Failure to do so opens the door to defenses to the foreclosure claim which can lead to dismissal of the case.
Oscar Gomez
October 27, 2020
Litigation
What is the New Eleventh Circuit Ruling On Incentive Awards?
An incentive award is a monetary award typically given by the court to the named plaintiff in a class-action case. This is done to compensate the named plaintiff for all of his or her personal time and effort devoted to the case. The public policy behind incentive awards has always been to encourage individuals to take on the role of the named plaintiff in a case, to work closely with the class’s attorneys and other members of the class.
Oscar Gomez
September 30, 2020
Business Law
How Do I Relocate My LLC to Another State?
The formal transfer of an LLC from one state to another is known as domestication. However, domestication is permitted only if both states allow for it. Domestication would be appropriate if you do no longer wish to conduct business in the original state of formation and would like to avoid dissolution and new company formation in the other jurisdiction. Many business owners choose to domesticate when they completely relocate to another state and wish to move their company with them.
Oscar Gomez
September 1, 2020
Business Law
What is a Special Purpose Acquisition Company?
A special purpose acquisition company “SPAC” is a publicly traded shell company that has been formed strictly for purposes of raising enough capital to purchase an existing company. Also referred to as a “blank-check company,” these development stage companies have no operations and purely rely on funding through an initial public offering “IPO”.
Oscar Gomez
September 1, 2020
Litigation
What is Defamation Per Se in Florida?
One of the recurrent issues that Miami business lawyers deal with often involves clients suing for defamation, or vice versa, clients being sued for defamation. Defamation, by definition, is the action of damaging the good reputation of someone. It usually involves a false statement of fact that was published or spoken with fault, or in other words, as a result of negligence or malice.
Oscar Gomez
August 19, 2020
Business Litigation
Can I Collect Attorney’s Fees Under Florida’s Deceptive and Unfair Trade Practices Act?
Unlike other countries, the American rule on attorneys’ fees is that each party must pay the costs of their attorneys. This means, if you’ve hired an expensive attorney to fight for you, you are obligated to pay his costs. Nonetheless, there are two exceptions to the American rule—the contract and statute exceptions. First, if a prior contract that was made between the parties had an attorneys’ fees clause, then the losing party is expected to pay the winning party’s attorneys’ fees. Lastly, a party is permitted to seek the payment of their attorneys’ fees under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). A Miami Business Law attorney can advise you if FDUTPA law applies.
Oscar Gomez
August 11, 2020
Trusts & Estates
Do I Need Approval from HOA to Transfer Property into my Trust?
When drafting trusts, many chose to transfer their real estate property into the trust. Transferring property into a trust usually safeguards it from probate after the owner’s passing and sometimes can provide tax benefits.
Oscar Gomez
August 3, 2020
Trusts & Estates
Can You Give Away Your Rights to Real Estate Before They Vest?
A right in property vests when an interest in property is transferred to someone and the right begins to belong to that individual. A right vests when it is not subject to a condition precedent.
Oscar Gomez
August 3, 2020
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