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Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901 or email [email protected]

Florida Real Estate Litigation: Landlord Remedies in Commercial Leases

May 2, 2019

When tenants breach a commercial lease agreement, Florida law provides landlords with three options:

  1. Consider the lease terminated and resume possession of the premises for the landlord’s own purposes (i.e., for the “landlord’s account”);
  1. Hold possession of the premises for the “tenant’s account” and seek general damages for any amount not recovered by re-renting the premises;
  1. Take no immediate action but, rather, wait to sue the tenant as future rent becomes due, or for an accelerated amount if allowed under the lease agreement.

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Infographic : 4 Reasons You Need a Business Lawyer

April 24, 2019

The attached infographic titled ‘Why do I Need a Business lawyer’ explains the reasons for hiring a business lawyer. A business lawyer specializes in commercial law. Hiring an attorney specializing in commercial law has many benefits, some of which are:

Understanding the law: Laws can be confusing, and a business lawyer can help you understand the complexities. As a business owner, there are rules and regulations that pertain to different business laws. Errors in understanding can have consequences. A business lawyer can help you understand those consequences and ensure that you are protected.

Dealing with litigation: A business can face litigation from many sources — employees, clients, suppliers or the general public. If your business is particularly vulnerable to litigation, hiring an experienced business litigation lawyer is unavoidable, whether the case is settled by negotiation or through the courts. A lawyer will see that any damages you face are minimized.

Dealing with legal documents: Every business must deal with legal documents. Legal counsel is especially important when drafting agreements such as client contracts, contractor contracts, and partnership agreements. A business lawyer is essential to protect your interests.

Legal protection: Not every issue a business faces results in litigation. But a lawyer’s advice is still necessary to understand the legal aspects involved and protect your interests.

 

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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

Hiring a Fort Lauderdale Divorce Attorney: Tips to Simplify Your Life During a Chaotic Time (Divorce)

January 31, 2019

It is a good idea to try to gain some self-awareness of your own personality and that of your soon to be ex-spouse before you interview divorce attorneys.  If you want to settle your case amicably, but you hire an attorney who is known to be a “shark,” it is more likely that you will end up in a long drawn out process and incur more fees than are necessary.  If your spouse is completely unreasonable and you think you have no choice but to litigate in court, and you hire a negotiator who has never tried a case, it is likely your outcome won’t be as positive.  Remember that most divorce cases (approximately 95% in Florida) settle in mediation and do not go to trial.  Be sure to hire an attorney who is experienced in the kind of divorce process that you want to use. READ MORE

Infographic: The Importance of Probate Litigation

December 11, 2018

By: The Carlin Law Firm, PLLC

This infographic explains the purpose of probate litigation and when an attorney’s assistance is required during the process. In the U.S., probate is a court proceeding to administer the estate of a deceased person. If an involved party finds that the probate process is not lawfully administered, he or she can initiate probate litigation to challenge the legal validity of the Last Will and Testament.

A probate attorney can offer a range of services during your probate litigation. For example, probate litigation attorneys can typically assist with the actual administration of the estate property, as well as with filing the decedents will with the Court. Additionally, your attorney should be able to assist you if there are any legal complications during the probate process, while aiding you with filing any necessary paperwork with the Court.

For more information on probate litigation, refer to the infographic below.

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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 Business Litigation: Duties Owed by Directors & Officers

August 22, 2018

By: The Carlin Law Firm, PLLC

A corporation usually consists of its shareholders, board of directors, and officers.  Shareholders—i.e., those who own the stock of the corporation—generally have no right or power to manage the business directly, although, in limited circumstances, they may be vested with certain management powers in the corporation’s articles of incorporation.  The main way shareholders manage the corporation is by electing the Board of Directors.  The Board, in turn, is responsible for the major decisions that the company takes, such as the hiring and firing of officers, whether to declare dividends, whether to issue stock, and so on.  The board of directors usually delegate much of the day-to-day tasks of running a business to officers and directors whom they hire. 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