A recent decision issued by the Fourth District Court of Appeals is a cautionary tale for landlords who think they can use “self-help” remedies against their tenants. As discussed in detail herein, for this particular landlord it was an expensive […]
On Nov. 3, 2015, the Florida Supreme Court affirmed the decision by the Fifth District Court of Appeals in Bartram v. U.S. Bank, N.A. The Florida Supreme Court’s decision in Bartram specifically held that a bank’s acceleration of payments due […]
The court rejected CIGNA’s interpretation of the policy because ERISA requires the summary plan language to be written so that an ordinary patient will understand. A recent decision issued by a federal court in Texas gives a ray of hope […]
Litigators in the judicial circuits governed by the Fourth District Court of Appeals (Fourth DCA) need to be aware of a case which changes the way in which motions for sanctions pursuant to F.S. section 57.105 must be served on […]
The Florida Revised LLC Act was enacted in 2013 and took effect Jan. 1, 2014 for new Florida LLCs and Jan. 1, 2015 for all Florida LLCs. However, in 2015, the legislature further amended the act with clean-up changes and […]
In a decision that could give hope to millions of Americans suffering from a substance use disorder or other mental illness, the Second Circuit Court of Appeals ruled recently that a lawsuit alleging violation of the Federal Mental Health Parity […]
Before 2007, Florida’s Condominium Act provided that unless the condominium declaration stated otherwise, 100 percent of the owners had to agree to terminate a condominium. Accordingly, just one owner could halt the termination process even when it was in the […]
During the 2013 legislative session, the Florida legislature adopted a complete re-write of Florida’s limited liability company statute, which is codified in Chapter 605 of the Florida Statutes (New LLC Act). The New LLC Act became effective Jan. 1, 2014 […]
Businesses which maintain, store or use the personally identifying information of their customers may have a legal duty to notify affected individuals in the event of a breach. Florida is one of 46 states, along with the District of Columbia, […]
On July 1, 2014, Florida joined 25 other states as well as the District of Columbia in changing its law to allow for the formation of a new kind of corporate legal entity, i.e., a for-profit corporation that is set […]
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