Florida Business Law Questions & Answers

Q: How likely is it a court will impose punitive damages without physical injury in a breach of contract case?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

It is my suggest that you speak with an employment law attorney in your area. The ability to get punitive damages is complicated and must be presented with proper steps. In my opinion your question is too complicated to properly answer in this type of forum.
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Q: I sold my shares in an llc in April. Got my k 4 and it shows over 50,000. The remaining member will not distribute.

1 Answer | Asked in Business Law for Florida on
Answered on Mar 29, 2017

Yes. Distributions are not the same as taxable income in an LLC. They are controlled by the operating agreement. Look to that document.
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Q: Can I be sued along with the corporation?

1 Answer | Asked in Business Law for Florida on
Answered on Mar 27, 2017

Typically the only way that you can be sued on a business debt is if you were a personal guarantor on the loan originally. If you did not ever personally guarantee the loan, then you need to seek an attorney to respond to the lawsuit. If you did sign the personal guarantee, then it appears that you are a proper party to the lawsuit.

Just FYI - The divorce court does not have the power to take your name off the loan paperwork. Also the fact that you have been out of the business...
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Q: When a business is sold, are the new owners responsible for the obligations and contracts of the previous owners?

1 Answer | Asked in Business Law and Contracts for Florida on
Answered on Mar 21, 2017

Based upon your wording and questions, it sounds to me like you do not have a binding contract upon the new owner. Also, if the new owners did only an asset purchase they would not be liable for your contract. Further it sounds like the new owners agreed to honor your agreement for the limited time of 8 weeks and now plans to change the contract dramatically. I suggest that if might be worth paying a consult fee to a real estate attorney in your area to see if your contract has anything to...
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Q: How do i remove my name as a defendant in a small claim case; I am the owner of an LLC and plaintiff is suing both.

1 Answer | Asked in Business Law and Contracts for Florida on
Answered on Mar 20, 2017

Small claims court uses a somewhat relaxed procedure. You definitely need to file a response to the summary judgment to dispute the facts claimed by the Plaintiff. You can ask in your response for the case against you individually be dropped or for you to be dismissed from the lawsuit but it is up to the Judge in the end. There is not really a technical form as small claims is designed for non lawyers but lawyers can assist parties on either side. I suggest that you may want to consider...
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Q: What are the retirement plan options for single member LLCs taxed as S corp?

1 Answer | Asked in Banking and Business Law for Florida on
Answered on Mar 11, 2017

This question is best addressed by an investment advisor - not an attorney.

Speak to a Certified Public Accountant or an investment advisor associated with an investment company (Morgan Stanley, JP Morgan, etc).
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Q: Do I have a right as a personal representative of my brothers estate to examine POD documents?

1 Answer | Asked in Business Law and Estate Planning for Florida on
Answered on Mar 9, 2017

No doubt you can engage in formal discovery, if necessary to examine all pertinent documents. If you think the IRA amounted to $1/2 million, you will no doubt be able to find an attorney able to assist you.
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Q: Why am I being sued by the bankruptcy trustee for revenue I received from a company that filed for bankruptcy?

2 Answers | Asked in Bankruptcy and Business Law for Florida on
Answered on Mar 8, 2017

I strongly suggest that you speak with a bankruptcy attorney in your area as soon as possible. The Bankruptcy Trustee must feel that the agreement between you and the party you shared revenue with is not proper. Thus, you need to get an attorney to represent you to point out your role in the business and what you did to earn your share. I do think that time is of the essence.
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Q: Am being charge for water and sewer in the restaurant that we have in the food court. We been there 3 years.

1 Answer | Asked in Business Law and Landlord - Tenant for Florida on
Answered on Mar 8, 2017

It doesn't sound like they should be able to do that. I'd have to take a look at your contract to be sure. Feel free to contact my firm so we can discuss.
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Q: Can someone please review an agreement for my small business?

2 Answers | Asked in Contracts and Business Law for Florida on
Answered on Mar 8, 2017

Contact a business attorney limely in Miami since you seem to be there.
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Q: I own a rental management co in PCB. I released our cleaning company and they did not return all my linens. Can I sue?

1 Answer | Asked in Business Law, Contracts and Small Claims for Florida on
Answered on Mar 7, 2017

My name is Wayne Williamson. My office is in South Walton County, near Seaside. I handle cases routinely in Bay County. I am happy to discuss this case with you. My number is: 850-685-3091.
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Q: I have decided to close my retail store in Pensacola Fl. and want to know if I should have a store closing sale first

1 Answer | Asked in Business Law for Florida on
Answered on Mar 6, 2017

If I understand your situation correctly, you are saying that if you conduct a sale first, that you may be able to net enough funds to cover all of the secured debts. I would say that based upon you situation, that conducting the sale first, is your best course of action as it should net you the funds to clear and pay off the secured debts. Then I also understand that you may have unsecured debts that you will not net enough funds to cover.

I will be happy to assist you in any way...
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Q: what do you do if you buy out a partner in a business and sole owner refuses to sign over company

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on Mar 6, 2017

Your situation will turn upon the buyout agreement or the business formation documents. I strongly suggest that you speak with a lawyer in your area on how best to deal with this situation.
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Q: Do I have a legal right for itemized expenses in a commercial sale?

1 Answer | Asked in Business Law for Florida on
Answered on Mar 5, 2017

No, the attorney is their attorney, not yours.
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Q: My incarcerated friend wants for me to start an online store for him. What legal procedures would I have to follow?

2 Answers | Asked in Business Formation and Business Law for Florida on
Answered on Feb 23, 2017

I suggest that you are better served to speak directly with a lawyer in your area so that you can get into the specific desires and goals of the business, and thereby set up the corporation correctly from the start. The Justia system is a great tool, but I suggest that your case really needs one on one advice with specific details about the business.
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Q: How do I get a Notice of Action form for a small claims case?

2 Answers | Asked in Business Law and Small Claims for Florida on
Answered on Feb 22, 2017

I suggest that you speak with a lawyer.

Your question goes to a somewhat detailed procedure under Florida law and I suggest that getting a consultation with an attorney would be best in this instance.
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Q: Can I start an I online store for my friend who's incarcerated and have everything in his name even though he's gone?

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on Feb 22, 2017

Being incarcerated does not disqualify a person from owning property or having a business. It can make the impractical to manage the business. A power of attorney may only cover a portion of the process as a power of attorney grants an individual the ability to perform acts on behalf of another individual. Once the business is set up your ability to manage the business may need to be through a different legal method: ie: as a manager or officer of the business.
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Q: My employer changed all of the employees' W2 exemptions/allowance from 0/1 to 2 without our knowledge or consent.

1 Answer | Asked in Tax Law, Business Law and Employment Law for Florida on
Answered on Feb 19, 2017

This may have been a simple mistake by the employer, such as a change in payroll software causing an incorrect exemption number, or it may have been some form of fraudulent activity. From the IRS's view, it is still the responsibility of you and the other employees to ensure proper amounts are being withheld on a regular basis and if they are not to pay taxes in to the IRS directly throughout the year. I suggest talking the situation over with your employer and try to find out what the employer...
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Q: Non-Compete contract says I cant work for a competitor for 2 years? What happens to me if I do it anyway?

1 Answer | Asked in Contracts, Business Law and Employment Law for Florida on
Answered on Feb 15, 2017

Non-compete clauses are very, very restricted under California law. From your question, it appears the prohibition applies to your company, which is likely the "employee" under the contract. You really should have a lawyer examine the agreement to determine its scope and validity before you sign.
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Q: Hello, I am thinking about buying a small inc. auto repair business in west palm beach Florida.

1 Answer | Asked in Business Law for Florida on
Answered on Feb 11, 2017

Mike: my office is located in NW Florida, thus it is not feasible for me to assist you. I strongly suggest that you consult with an attorney who handles business matters in West Palm to ensure that you are protected in this transaction. A good attorney might cost you some money to assist with this asset purchase but the expense will be well worth it as if you make a mistake it can cost you dearly for years to come.
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