Recent Blog Posts
Does a Right of First Refusal in Florida Require Separate Consideration?
Some Florida real estate contracts include “right of first refusal” (ROFR) clauses. This is where the owner of a property grants an option to another person, allowing them to either make the first offer when the property is sold, or alternatively to match any offer received from a third party. For example, a lease… Read More »
How a Florida Revocable Trust Can Affect Your Legal Standing
In a typical Florida revocable living trust, the same person serves as settlor, trustee, and beneficiary. For example, if you create a living trust and name yourself as trustee, any property you place into the trust remains under your direct control. And as the trust’s beneficiary, you continue to enjoy the benefits of the… Read More »
Florida Supreme Court Issues Ruling on Creditor Claims Against Joint Bank Accounts
Married couples in Florida often hold title to real and personal property as tenants by the entirety. This is a form of joint property ownership. Essentially, each spouse holds an equal and undivided interest in the property. This means that one spouse dies, the other spouse automatically receives full title to the property without… Read More »
Does a Florida Landlord Have to Specify Non-Rent Damages in an Eviction Lawsuit?
Non-payment of rent is perhaps the most common cause of eviction lawsuits in Florida. Through the eviction process, the landlord can seek any back rent owed as well as other expenses that the tenant may have been responsible for under the lease. That said, the landlord still needs to follow correct legal procedures to… Read More »
Do Potential Heirs Need to Be Notified About a “Lost” Will in Florida?
During the Florida probate process, a decedent’s will must be filed with the court. Of course, there are cases where a person’s original, signed will may be lost or “go missing” and cannot be found. It is possible to admit a lost or missing will to probate under Florida law. But there are certain… Read More »
Does Your Spouse Have to Co-Sign Your Florida Mortgage?
The Florida Constitution provides strong protections for a person’s primary residence or “homestead” from creditor claims. This can include secured claims such as mortgages. Under the Constitution, a person “may alienate the homestead by mortgage” only when “joined by the spouse if married.” Florida courts have long held this to mean that a homestead… Read More »
How to Use a Petition for Writ of Prohibition
Extraordinary writs are a form of relief that appellate courts have discretion to issue in certain circumstances. The power to issue extraordinary writs comes from Article V, section 4(b)(3) of the Florida Constitution, with limitations on how the Florida Supreme Court can apply such writs in certain cases. In civil matters, district courts of… Read More »
Interlocutory Appeals of Orders Allowing/Denying Claims for Punitive Damages
As of April 1, 2022, appeals from interlocutory orders that allow or disallow claims for punitive damages have been authorized by the Florida Supreme Court. In re Amend. to Fla. Rule App. Proc. 9.130, 345 So. 3d 725 (Fla. 2022). That is, appeals of such orders are now explicitly authorized by Florida Rule of… Read More »
How to Use a Petition for Writ of Mandamus
Extraordinary writs are a form of relief that appellate courts have discretion to issue in certain circumstances. The power to issue extraordinary writs comes from Article V, section 4(b)(3) of the Florida Constitution. In civil matters, district courts of appeal may issue writs of mandamus, certiorari, prohibition, quo warranto, and all other writs necessary… Read More »
How to Use a Petition for Writ of Certiorari
Extraordinary writs are a form of relief that appellate courts have discretion to issue in certain circumstances. Writs of Certiorari are one kind of extraordinary writ. Certiorari is latin for “to be more fully informed”. See Black’s Law Dictionary (11th ed. 2019). Writs of certiorari are used to seek appellate review of lower tribunal… Read More »
