Archives for April 2012

Housing Market Struggles To Stabilize

Data released this week showed that house prices have continued to decline for the sixth straight month overall, but there are some bright spots in the news. According to the report released by Standard and Poor/ Case Schiller Home Price Indices, the annual decline posted was 3.6 percent and 3.5 percent for the 10-city and […]

The Importance of the Limited Liability Company Operating Agreement

An operating agreement is an agreement adopted by the members of a limited liability company that lays out the intricacies of how the company will be run, and furthermore structures most of the important functional and financial decisions that will be required. Although Florida law does not require that a limited liability company have an […]

Commercial Real Estate Sales Commission Lien Act

Part 3 of Florida Statutes Chapter 475 codifies the Commercial Real Estate Sales Commission Lien Act (hereinafter sometimes referred to as the “Act”).  The Act provides that when a broker has earned a commission by performing licensed services under a brokerage agreement with you for the sale or purchase of commercial real property, the broker […]

Florida Personal Jurisdiction – Case Law Update

KITROSER v. HURT, No. SC 11-25 (Fla. March 22, 2012) The corporate shield doctrine is set out clearly under Florida law as essentially the distinction between a corporate officer acting on one’s own and a corporate officer acting on behalf of one’s corporation.  Doe v. Thompson, 620 So. 2d 1004 (Fla. 1993). Generally, the acts […]

Why an Attorney Should Review your Real Estate Listing Agreement

In most commercial and residential real property transactions, sellers will utilize a real estate broker to market and sell their property.  Often times, and preferably, the broker and seller will memorialize their relationship in writing by virtue of a real estate brokerage agreement, likely in the form of a listing agreement. Listing agreements are generally […]

The Enforceability of Certain Non-Compete Agreements in Florida

Florida Statutes section 542.335 governs valid restraints of trade or commerce, and provides that enforcement of non-compete clauses are not prohibited so long as same are reasonable in time, area and line of business.  A court will not, however, enforce a non-compete agreement or clause unless it is set forth in writing and signed by […]

House Bill 319’s Potential Effects on Condominium Purchasers and Mortgage Lenders

Florida House Bill 319 passed the Florida House of Representatives on February 29, 2012 on a vote of 114 to 1.  Florida House Bill 319 proposes various amendments to the Florida Condominium Act, and perhaps most importantly, it strives to clarify Florida Statutes section 718.116, which governs liability for unpaid condominium assessments. At present, Florida […]

Florida Business Corporation Act and Director Liability

The Florida Business Corporation Act, codified at Florida Statute section 607.0101, et seq., provides in pertinent part, as follows, with regard to director liability:  A director is not personally liable for monetary damages to the corporation or any other person for any statement, vote, decision, or failure to act, regarding corporate management or policy, by […]

Florida Arbitration Code and the Finality of Arbitration

Although an arbitration award is final and binding in nature, the Florida Arbitration Code sets forth several provisions, further discussed below, that give new meaning to the words “final and binding”.   By way of example, certain requirements of the Florida Arbitration Code are summarized below. 1. Fla. Stat. §682.10: Provides that an application for […]

Defamation – Slander Per Se under Florida Law and Punitive Damages

Defamation is generally defined as the unprivileged publication of false statements which naturally and proximately result in injury to another.  Wolfson v. Kirk, 273 So. 2d 774 (Fla. 4th DCA 1973).  To establish a cause of action for defamation, a plaintiff must show: (1) That the defendant published a false statement about the plaintiff; (2) […]