Can a Debtor Satisfy a Claim Merely by Writing Satisfied on a Payment?
By Timothy D. Hedrick and Mark S. Mitchell Questions sometimes arise from creditors regarding the effect of a debtor sending …
Read more
Florida Court Rules Technical Admissions Cannot Overcome Facts Already in the Record
By Adam B. Brandon Under Rule 1.370, Florida Rules of Civil Procedure, a party may serve a written request that …
Read more
Note versus Mortgage: Who leads the dance?
Earlier this month, Florida’s Fourth District Court of Appeal released an opinion seemingly designed to serve as a primer on …
Read more
Banking Fees Are Now The Norm – Find Out Why
By: Edward L. Kelly Your client, an individual, walks into Friendly Bank and presents for payment a check in the …
Read more
Depositions: “Invoking the Rule” To Exclude Persons From Attending Depositions
By: Scott J. Kennelly and Jacy C. Owens Section 90.616, Florida Statutes, sets forth the procedure for excluding certain witnesses …
Read more
Appealing Real Estate Taxes in Florida
As the old saying goes, there are two certainties in life: death and taxes. For commercial real estate owners and …
Read more
The Inadvertent Error Defense to Violations of the Equal Credit Opportunity Act
The Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national …
Read more
Garnishing Non-Cash Proceeds from Sale of a Homestead
By: Edward L. Kelly Cash proceeds obtained from the sale of a homestead property receive protection from creditors’ claims, provided …
Read more
Overview of the Servicemembers Civil Relief Act
By: Adam B. Brandon The Servicemembers Civil Relief Act of 2003 (SCRA) protects members of the Army, Navy, Air Force, …
Read more
The Danger of Contracting with a Tenant for Improvements to Real Property
By: Scott Padgett You’ve completed your work, payment is past due and you’re ready to record a construction lien . …
Read more