Civil Litigation Archives - Page 2 of 6

Civil Litigation

Can I Serve Someone In A Foreign Country?

Can I complete appropriate service of process on a person even though they are not located in the United States?

Michael DeGori January 5, 2021

Civil Litigation

What is the difference between negligence and gross negligence?

When determining if someone has been negligent, it is important to distinguish between negligence and gross negligence. Certainly, they are similar, but are different in the degree of carelessness. A Florida Business Law attorney can help you spot the difference in your particular case.

Eric Gros-Dubois August 7, 2020

Civil Litigation

What Happens to a Civil Lawsuit if a Party Dies?

If a party to a civil lawsuit passes away, the court will typically put the lawsuit on hold, instead of terminating it. This is done temporarily and with the purpose of giving the probate court time to appoint a personal representative for the estate of the deceased party. Through the personal representative, the heir or heirs of the deceased can continue the lawsuit.

Oscar Gomez July 29, 2020

Civil Litigation

Unilateral Attorney’s Fees in Florida

In most contracts, there is a provision for attorney’s fees, sometimes called a prevailing party clause. This provision states that if legal action must be taken to enforce the contract, the prevailing party will get its attorney’s fees and costs paid by the losing party. Under Florida law, attorney’s fees are contractual or statutory, meaning that this provision must be included in contracts or statutes to be enforced. Because of this, it is important to include an attorney’s fees clause in any contract in Florida.

Eric Gros-Dubois July 16, 2020

Civil Litigation

Increased Jurisdictional Amounts in Florida

On May 24, 2019, House Bill 337 was approved by Governor Ron DeSantis which would effectively amend Section 34.01 of the Florida Statutes, by increasing the jurisdictional amounts of our court actions.

Eric Gros-Dubois July 15, 2020

Civil Litigation

Can I Get Attorney’s Fees in a Defamation Case in Florida?

Courts can award attorney’s fees to the prevailing party if both parties have agreed to such a condition in a contract, or if there is a specific statute that grants attorney’s fees to the prevailing party in a certain case. If both parties prevail in different legal arguments, the court will conduct a balancing test and distribute attorney fees using its own discretion.

Oscar Gomez June 23, 2020

Business Litigation

What is Private Adjudication in Florida?

Private adjudication provides the parties in a civil lawsuit two alternatives to court: (1) voluntary trial resolution (VTR) or (2) voluntary binding arbitration. These alternatives grant the parties of a lawsuit a path that avoids the traditional court litigation route.

Oscar Gomez May 21, 2020

Business Litigation

COVID-19: How to Conduct Remote Depositions

Covid-19 has forced many industries to adjust their business operations so that they can comply with the distancing needed. The legal industry is not unlike others, as they have put efforts to make all court hearings virtual or over the phone. One of the many procedures that have made this change is the taking of a witness’ depositions. It is important that even attorneys with years of experience take the following factors into consideration when conducting a virtual deposition.

Silvino Diaz May 19, 2020

Business Law

Does Motion for Extension of Time Waive Rights in Arbitration?

Revised Florida Arbitration Code The Revised Florida Arbitration Code was initially signed into law in 1957, with the revision of

Oscar Gomez April 22, 2020

Business Law

Are Electronic Signatures Valid for Binding a Contract?

The use of electronic signatures for a wide variety of legal documents has been a key component of the internet age, providing corporations and clients alike with a streamlined process for signing documents. However, while electronic signatures have become the predominant choice for most, there are still many questions that surround them. Namely among these concerns is whether or not they are legal in binding contracts.

Aviv Asoulin April 22, 2020