Affidavits for Summary Judgments
The linchpin that can lay out the facts in a Summary Judgment is the Affidavit. An affidavit is a sworn statement of facts written down and then signed before a notary public. The creator of the affidavit, the affiant, must swear they are over 18 years old and competent to give the affidavit. For a Summary Judgment, there are more requirements.
Actived: Just Now
How to Beat the HOA
(1 days ago) The law allows HOA s to get assessments from the tenant. The tenant will be asked to make rent payments to the HOA (see F.S. 720.3085). If the tenant refuses, the HOA can evict the tenant. That is as far as the HOA laws allow – except in Pasco County where one judge (who has since retired) thought it was alright to let the HOA take possession
Buying a Home in a Florida HOA
(2 days ago) The point of law that states a statute says what it says and nothing more was previously articulated in Thayer v. State, 335 So. 2d 815, 817 (Fla. 1976). “It is, of course, a general principle of statutory construction that the mention of one thing implies the exclusion of another; expressio unius est exclusio alterius. Hence, where a statute
Eviction of "THAT" Tenant
(7 days ago) In Florida, the law that protects the tenant is Florida Statutes 83, also known as the Florida Landlord Tenant Act. Eviction Notice. To remove a tenant from the property, the first step is to cancel the lease. Even if there is no lease, the tenant could imply there was an “oral lease.” An oral lease does not have to be proven, it has to be
Private Property Rights – Bert Harris Act
(1 days ago) When a claim is filed against the government under the Bert Harris Act, it is the government that has the burden of proving two things. First, that the exaction (payment of a fee) has an essential nexus to a legitimate public purpose. Second, the exaction is roughly proportionate to the impacts of the proposed use the government seeks.
Motion to Set Aside
(8 days ago) Florida law also requires that the party seeking relief under Rule 1.540(b) demonstrate a meritorious defense. America’s Yate de Costa Rica v. Armco Mfg., Inc., 82 So.3d 882, 885 (Fla. 4th DCA 2011). Finally, more courts are requiring the movant to establish it acted with due diligence in seeking relief from the default. Goodwin v.
Purchase and Sale Agreement
(5 days ago) Buying and selling creates the world economy. Most of us are probably not in the league of mega-corporations or the uber-rich. We simply survive buying and selling smaller products and small companies. We try to maximize the money in our pockets by shaving down unnecessary costs. One such cost savings is creating out own Purchase […]
Starting a Florida Company
(8 days ago) Your first step is determining whether to be a LLC, S-Corp or C-Corp. All three offer liability protection. Liability protection is a bright line distinction between what you do while working for the company and who you are as an individual. For instance, if …
(9 days ago) An attorney can charge a fee because they are engage in the practice of law and they are licensed in the state. The attorney must, however, place all the money in a trust account. Protect yourself. Unfortunately, as hard as it is to believe, attorneys can be corrupt. What is the old joke, 99.9% of all attorneys give the rest of us a bad name.
Remedy for Stolen Items
(1 days ago) Civil Theft – Florida Statutes 772.11 Theft is the taking of something that does not belong to you. It’s so important it made it as one of the Ten Commandments – Thou shalt not steal. If you are the victim of a theft, you have three choices. You can wait for God’s retribution, you can […]
US Supreme Court Rejects BP Oil
(3 days ago) Monday, December 8, 2014, the day after the day of infamy (plus 73 years), the Supreme Court decided to leave in place BP’s multi-billion-dollar settlement for Business Economic Losses resulting from the 2010 oil spill in the Gulf of Mexico. The court declined BP’s invitation to review the lower-court ruling rejecting the London-based oil giant’s […]
Anti Spam Policy
(8 days ago) The owner of this website does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. The owner of this website does not permit or authorize others to use his services to collect, compile or obtain any information about its customers or subscribers, including […]
Property Rights Archives
(6 days ago) Private Property Rights – Bert Harris Act. by George Harder | Jul 13, 2015 | Property Rights. There was a changein October 2015 affecting private property rights. The Bert Harris Act, passed in 1995, provided a means for citizens to seek compensation from the government when regulations burdened their property rights. 5th Amendment The Fifth Amendment to the