Florida Court Rules Technical Admissions Cannot Overcome Facts Already in the Record BlogMay 26, 2015 By Adam B. Brandon Under Rule 1.370, Florida Rules of Civil Procedure, a party may serve a written request that … Read more
Note versus Mortgage: Who leads the dance? BlogMay 21, 2015 Earlier this month, Florida’s Fourth District Court of Appeal released an opinion seemingly designed to serve as a primer on … Read more
Banking Fees Are Now The Norm – Find Out Why BlogMay 19, 2015 By: Edward L. Kelly Your client, an individual, walks into Friendly Bank and presents for payment a check in the … Read more
Depositions: “Invoking the Rule” To Exclude Persons From Attending Depositions BlogApril 28, 2015 By: Scott J. Kennelly and Jacy C. Owens Section 90.616, Florida Statutes, sets forth the procedure for excluding certain witnesses … Read more
Appealing Real Estate Taxes in Florida BlogApril 23, 2015 As the old saying goes, there are two certainties in life: death and taxes. For commercial real estate owners and … Read more
The Inadvertent Error Defense to Violations of the Equal Credit Opportunity Act BlogApril 21, 2015 The Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national … Read more
Garnishing Non-Cash Proceeds from Sale of a Homestead BlogApril 14, 2015 By: Edward L. Kelly Cash proceeds obtained from the sale of a homestead property receive protection from creditors’ claims, provided … Read more
Overview of the Servicemembers Civil Relief Act BlogApril 9, 2015 By: Adam B. Brandon The Servicemembers Civil Relief Act of 2003 (SCRA) protects members of the Army, Navy, Air Force, … Read more
The Danger of Contracting with a Tenant for Improvements to Real Property BlogApril 8, 2015 By: Scott Padgett You’ve completed your work, payment is past due and you’re ready to record a construction lien . … Read more
Lenders Still Struggle with Issue of Standing – a New Spate of Cases out of the Fourth DCA BlogApril 7, 2015 By Scott J. Kennelly and Janet C. Owens We have written multiple blogs about standing to foreclose , but a … Read more