Florida
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Brave New World? Written Buyer Agreements in Florida Real Estate Transactions
The Industry Has Changed. We are now seeing the precise effects on the industry following the major National Association of Realtors lawsuit and settlement which I have previously written about. The first major change in the Florida real estate landscape is the creation and implementation of Buyer Agreements, which will soon be required when a…
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Negligence After Nuptials: Ripple’s Effects on Spouse Compensation Under Florida’s Wrongful Death Act
The sudden loss of a spouse is devastating. When that loss is caused by someone else’s negligence, the emotional and financial burden can be overwhelming. In the past, Florida law limited the ability of surviving spouses to seek compensation if they married after their spouse’s injury. The recent Supreme Court of Florida case, Ripple v.…
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More Than Meets the Eye: a Conversation About the Power of Legal Imagery
We’ve all seen it – the blindfolded Lady Justice holding aloft her iconic scales. But legal symbolism goes far deeper than a dusty statue in a courthouse hallway. It’s a hidden language woven into the fabric of our legal system, silently shaping our understanding of justice. Now, consider this: imagine a world devoid of legal…
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Florida Gets Flexible: New Civil Rule 1.041 Allows Limited Appearances in Civil Court
Florida’s legal landscape just got a little more navigable for both clients and attorneys thanks to the implementation of Florida Rule of Civil Procedure 1.041. This brand new rule, effective April 1, 2024, allows attorneys to provide targeted legal assistance in specific aspects of a civil case. Prior to this change, Florida law operated under…
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Estoppel Certificate & Other HOA Fees: Junk or Justified?
As a board certified real estate lawyer in Florida, I frequently deal with estoppel certificates, including reviewing them and ordering them from associations and their management companies. If you are unfamiliar with what an estoppel certificate is, here is a previous blog post that provides some general information. But, briefly, estoppel certificates are official statements…
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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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Dear Grads of 2023: A Reminder to Wear Sunscreen
Ladies and gentlemen of the Class of 2023… It’s hard to believe that a quarter-century has passed since I was a wide-eyed high school senior, full of hopes and dreams. As I sit here, a seasoned attorney, I can’t help but reflect on the journey that has brought me to this point. And, curiously, a…
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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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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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Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale
A September, 2018 opinion from Florida’s Third District Court of Appeals provides guidance on what is not a “lawful, cognizable basis” for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale was set to occur,…