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Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901, (561) 406-0440, (813) 510-5800

Member-Initiated Florida LLC Litigation: Direct Actions Versus Derivative Actions

June 7, 2017

By: Justin C. Carlin

Florida LLC Litigation: Theft or Other Misconduct by a Managing Member of an LLC

In the context of Fort Lauderdale business litigation, some members of Florida limited liability companies, also known as “LLCs,” learn that the managers or other members of the LLC have wrongfully taken funds from the company, or have otherwise harmed the company by breaching their fiduciary duties to the company.  When this happens, the members’ ownership interests in the company—which entitles them to distributions of the company’s profit—are usually dramatically reduced or completely eliminated.  Understandably, these members may wish to sue the managers and members whose conduct caused their losses. READ MORE

A “Notice of Lis Pendens”: A Valuable Tool in Fort Lauderdale Real Estate Litigation

May 4, 2017

By: Justin C. Carlin

A common dilemma in Florida real estate litigation is preventing the property that is the subject of a lawsuit from being dissipated during the lawsuit.  For example, if A invested money to purchase real estate purchased by B, and B endeavored to sell the property without providing A with his proportionate share of the sale proceeds, what could A do to prevent the sale of the property during the pendency of his lawsuit against B for breach of contract? READ MORE

Florida Probate & Estate Litigation: Contested Incapacity/Guardianship Hearings

August 15, 2018

By: Justin C. Carlin, Esq.

Chapter 744 of the Florida Statutes outlines the procedures for having someone declared legally incapacitated and appointing a “guardian” to make some or all decisions for the alleged incapacitated person (referred to as an “AIP”).  This process is known as “involuntary guardianship.”  The process begins when the person alleging incapacity files in Circuit Court both a petition to determine incapacity and a petition for the appointment of a guardian.  READ MORE

Florida Business Litigation: Limited Partnership, Limited Liability Partnership, and Limited Liability Limited Partnership. What is the difference?

August 29, 2018

By: The Carlin Law Firm, PLLC

A limited liability partnership (an “LLP”) offers a major advantage to a common law partnership, in that partners in a LLP are not personally liable for the LLP’s obligations.  A LLP is governed by the rules of the Revised Uniform Partnership Act (“RUPA”), except that, if a limited liability partnership also is a limited partnership, the Uniform Limited Partnership Act (“ULPA”) will govern all issues dealing with the limited partnership. READ MORE

Florida Probate and Trust Litigation: Custodial Accounts and the Florida Uniform Transfer to Minors Act

February 8, 2019

Custodial accounts may be created under the Florida Uniform Transfer to Minors Act, see §710.101, et seq., Fla. Stat (2018) (the “UTMA”), so that an adult (the “custodian”) is placed in charge of a minor’s funds until the minor reaches the age of 18 years.  Such an account is frequently utilized by parents as part of a general estate plan or is the result of divorce proceedings in which the parents agree to set aside funds for their child or children. READ MORE

Florida Probate & Estate Litigation: Invalidating a Will Due to Lack of Capacity

August 9, 2018

By: Justin C. Carlin, Esq.

Capacity usually refers to a natural person’s legal ability to make binding agreements relating to their rights, duties, and obligations, such as entering into contracts, getting married, or executing wills.  For example, minors lack the capacity to enter into binding contracts and to execute wills, and certain mental conditions may render a person incapable of testamentary capacity.  Agreements made by persons who lacked capacity can be either void (invalid from the beginning) or voidable (capable of being invalidated).  In the area of probate, trusts, and estates, testamentary capacity is an important concept to keep in mind when trying to affirm the validity of a will or to attack its legality. READ MORE