Category: Litigation
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The McDonald’s Hot Coffee Case – 30 Years Later
Why You’ve Heard of It and Why What You’ve Heard is Probably Wrong. The McDonald’s “Hot Coffee” lawsuit is a legend in the world of legal cases. It has withstood the test of time, being propped up continuously as a culture symbol of frivolous lawsuits. However, the reality behind the McDonald’s Hot Coffee case is…
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A Family’s Florida Homestead Saved: Just in Time for the Holidays
The legal practice area of real estate law touches on so many unique aspects. Because of this, and as a Florida Bar board certified real estate attorney, that means that I handle a number of diverse cases, all with unique challenges. However, few matters have been as emotionally charged, but ultimately rewarding, as the one…
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Welcome to the New Age: The Federalized Summary Judgment Standard Arrives in Florida – Fla.R.Civ.P. 1.510
For Florida lawyers, the landscape of civil litigation has shifted dramatically. Effective May 1, 2021, the Sunshine State embraced the federal summary judgment standard, significantly amending Florida Rule of Civil Procedure 1.510. This marks a significant change in how courts will resolve cases without trial. This blog post delves into the new standard, its implications…
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$300,000+ Judgment Entered in Favor of Battaglia Law, PLLC Client
An entity represented in litigation by Lakewood Ranch law firm, Battaglia Law, PLLC, has had a judgment entered in its favor by the Circuit Court in and for Sarasota County, Florida. The judgment amount was in excess of $300,000.00 and also included recovery for a portion of the entity’s attorney’s fees it incurred. The litigation…
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Joseph Battaglia Secures Civil Judgment in Favor of Clients Following Two-Day Trial
The County Court in and for Manatee County, Florida has entered judgment in favor of a husband and wife represented by Lakewood Ranch attorney, Joseph Battaglia. The clients were sued by a local roofing company after the husband and wife withheld the final payment based upon defects in the roof’s installation. Prior to the lawsuit…
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You Didn’t Get Served – Mattress One v. Sunshop Properties
I’m sure you all remember the 2004 smash hit and box office success, You Got Served. The film’s depth of plot is rivaled only by its extravagant choreography and magnificent soundtrack. Aside from its Oscar-worthy qualities, this film will stand, for eternity, as a cautionary tale of why one should never work for a drug…
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I surrender. Take my house. Actually, on second thought…
The Second District Court of Appeal issued an October 2019 opinion which bolsters creditors’ rights in the recently-developing interplay of federal bankruptcy law and Florida state foreclosure laws. Specifically, the opinion addressed the effect that a bankruptcy debtor’s surrender of collateral real property has on the debtor’s ability to defend a foreclosure. A Final Summary…
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Conflict Alert: Prevailing consumer in account stated action may not be able to recover attorney’s fees and costs from a losing debt buyer
Does conflict make the world go ’round? No, according to The Stylistics (save a click: according to The Stylistics, people do). But conflict sure keeps things interesting, and it undoubtedly also keeps attorneys and their clients on their toes. In a recent decision,[note]Ham v. Portfolio Recovery Assocs., LLC, 2018 WL 6253294, ___ So. 3d ___…