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The business judgment rule has been traditionally applied to protect corporate directors from personal liability.  However, the presumption of correctness provided to directors under this rule is limited in nature under Florida law. In Florida, the business judgment rule has been codified in Florida Statutes 607.0830(1), which reads:   A director shall discharge his or […]

Adverse possession is a legal doctrine under which a person may gain ownership rights in a parcel of real property by occupying that parcel for a set period of time. It operates as an inverse of the statute of limitations that applies to an action in ejectment, a civil action that allows a landowner to […]

Partnerships Under Florida Law, a partnership is defined as “an association of two or more persons to carry on as co-owners a business for profit,” other than other types of business entities formed under statute (such as limited liability companies or corporations). Florida does not require any filing to form a partnership; what this means […]

Independent Expert Testimony Not Required Where Attorneys’ Fees are Claimed an Element of Compensatory Damages pursuant to the Wrongful Act Doctrine Mayan Schwartz v. Stuart E. Bloch, et al., No. 4D10-742 (Fla. 4th DCA June 6, 2012) The subject case came up on appeal after plaintiff, Mayan Schwartz, appealed a final judgment entered in favor […]

A party seeking to convey an interest in real property may desire to place a restrictive covenant on the interest, creating a legal obligation in the person or entity receiving the interest to either perform or refrain from performing certain actions.  Such a covenant may already operate on the property, inasmuch as they frequently “run […]

Eminent Domain in Florida Fundamentally, eminent domain describes the power of the state to seize private property without the owner’s consent.  The property must be taken for some "public use" (utilities, highways, schools, or parks, for example), and under the 5th Amendment, “just compensation” is required to be paid to the property owner.  The power […]

At its most basic, an easement is a property interest in real property (land) that allows the easement holder to use another’s property for a limited use. For example, imagine you are the owner of property A, which adjoins property B, as well as a public road. The owner of property B cannot reach the […]

One of the reasons that people choose to conduct business through a corporate entity is the limited liability that corporations provide to their members, officers, or shareholders. Traditional business entities such as partnerships and sole proprietorships potentially expose their members to unlimited liability for the debts incurred by the corporation; in both cases the partners  […]

Several Class Action lawsuits have been filed against Facebook, Morgan Stanley, as well as the other banks that underwrote Facebook's highly publicized IPO last Thursday. On May 18th, 421 million shares of Facebook common stock were made available to the public, making the total value of the IPO more than $16 billion. One of these […]

Supreme Court Allows for Judicial Review of Clean Water Act Wetlands Designations In March of this year, the Supreme Court reversed a lower court decision holding that a property owner could only challenge an EPA Compliance Order if and when the EPA brought an enforcement action seeking to impose civil and criminal penalties. Mike and […]

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