Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What... View More

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More

Potentially yes to both. It depends on the terms of the contract. If there is a specific action he was supposed to take or not take under the terms of the contract it could be a material breach and he may be liable for the damages you have suffered as a result of the action. Small claims includes... View More

Under Florida law, you may be liable if your dog bites a member of the HOA who enters your condo, provided that the person is lawfully on your property. According to § 767.04. Dog owner’s liability for damages to persons bitten., the owner of a dog is liable for damages if the dog bites any... View More

You can amend once as a matter of right under Florida Rule 1.190, however, you may seek leave to amend from the court which is freely given under most circumstances. Thus, there is technically no limit to the amount of times you may amend. I would not worry if it is only the 2nd time. I've... View More

If the company is a Florida LLC and there is no dispute resolution clause or forum selection clause, then you may sue in Florida County Court (over $8k but under $50k in damages). I have represented clients in similar situations and the Defendant is often a "fly by night" coaching course... View More

The law generally provides that if a contract does not have a time frame, it is considered an "at will contract." Thus, you may be able to terminate the contract, however, we would have to review the terms of the contract to verify that is an option. Ultimately, the parties should likely... View More

You may be able to assert a claim for what is known as "unjust enrichment." Depending on the specifics of circumstances and what lead to you giving them the money, there may be other claims as well. Often times, in these situations, the other party is not going to simply pay. You will... View More

You may want to verify the cause of this damage before filing any lawsuit. It will likely require you to hire an engineer or leak detection company to identify where the water came from and why there was a leak. Thereafter, if you can prove that the contractor's actions caused this leak and in... View More

It truly depends on what you specifically intend on writing about. However, the major things to be weary of is anything that could potentially be considered defamatory and anything that would be a trade secret that could interfere with their business. I would be very cautious.

You do not have to stay past or pay for days beyond the end date of the lease that was executed by the parties. Technically, it would be a breach of contract if you stay beyond the date agreed to by the parties. I would not stay beyond that nor pay for it if the contract says otherwise.

I would recommend you have a waiver prepared and signed by the clients. The waiver should specifically waive all liability for you and the company for the specific issues that may arise. This will not give you 100% protection against a lawsuit, but will certainly put you in a better position to... View More

This is a good question to also ask your accountant. The answer may depend also on whether the LLC is taxed as an S-corporation. Generally, if the LLC is an S-corporation (many are), the owners will be taxed according to the salary that is paid and any distributions. The expenses of the company may... View More

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

In order to claim the deposit there must be damages. The hotel cannot simply claim it for the sake of claiming it. As it relates to disclosing photos of the damage, I do not believe there is a requirement to disclose them upon request. However, if you file suit, you can request the photos through... View More