Skip to Content

News & Resources

Author: Matthew Sanchez

Florida Statute Allows Removal of Certain Occupants of Real Property Without a Lawsuit

Posted on Jul 31, 2017 in Real Estate

Florida’s landlord-tenant laws have long grappled with the competing goals of providing property owners with efficient means of removing non-paying tenants or trespassers while minimizing potential abuse of bona fide tenants. The Florida Legislature took a step toward modernizing the process of removing unwanted persons from real property in 2015 by enacting Section 82.045, Florida Statutes, which allows for the potential removal of persons who qualify as “transient occupants” of property without the need to file a legal proceeding. While this statute has not garnered widespread attention since its enactment, property owners should be aware of its potential impact on […]

Preparing Enforceable Proposals for Settlement in Florida

Posted on May 3, 2016 in Complex Commercial Litigation

The requirements for an enforceable proposal for settlement under Section 768.79, Florida Statutes, continuously shift and evolve as Courts grapple with new factual scenarios and revisions to relevant laws and rules. Issues regarding proposals that involve multiple parties are particularly complex, and Florida’s courts have issued several rulings over the past year addressing matters that must be considered when preparing such proposals. Florida generally follows the “American Rule,” which requires each party in a lawsuit to pay its own attorneys’ fees unless a specific contract or law provides otherwise. Section 768.79 provides one potential basis for the recovery of attorneys’ […]

Contract Damages in Florida – Avoiding the “Overhead” Trap

Posted on Feb 19, 2016 in Complex Commercial Litigation

A party suing for lost revenue under a contract in Florida must deduct a portion of its general “overhead” expenses when calculating its damages. A plaintiff who is unaware of key aspects of this requirement could easily overestimate its potential recovery in breach of contract lawsuit—or, worse, unwittingly stumble into an evidentiary “trap” that might severely limit their recovery at trial. A plaintiff typically seeks to recover damages based upon the net benefit it expected to receive under the contract. If the plaintiff has not performed some or all of its obligations under the contract, the damages will generally be […]