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By Ian Corp Even if you have not been involved in a bankruptcy proceeding, every lawyer should know about the effects that filing bankruptcy has. Although the decision affects the debtor’s rights and obligations, it can also impact the rights and obligations of others that are owed money from the debtor or have rights in...
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By Reinaldo Gomez de la Vega The origin of the limited liability company in the United States dates back to 1977, when Wyoming enacted legislation creating the “Wyoming Limited Liability Company”. This entity intended to blend the tax benefits of a partnership with the personal liability protections associated with corporations at the time. By 1996,...
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By Tabitha Taylor Summary: The article discusses a frequent mistake in Florida LLC litigation: combining direct and derivative claims in one lawsuit, using the Dinuro case to illustrate why proper claim separation is essential for legal clarity and effective advocacy. Case citation: Dinuro Investments, LLC v. Camacho, 141 So. 3d 731 (Fla. 3d DCA 2014)...
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By Manny Farach Week ending March 30, 2024 Capalongo v. Deutsche Bank National Trust Company, Case No. 2D22-3750 (Fla. 3d DCA 2024). A spouse need not join in a mortgage if the spouse signs a valid waiver of their homestead rights; the word “join” in Article X, Section 4 describes the joining spouse and does...
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By Matthew Akiba If you have ever bought jewelry, invested in a silver or gold bar, or inherited a family heirloom, you may have noticed that the precious metal is often stamped with intricate hallmarks. These hallmarks may indicate the purity of the precious metal, convey the year the article was manufactured, identify the maker...
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By Manuel Farach February 24, 2024 Kovar Law Group, PLLC v. Jordan, Case No. 2D23-279 (Fla. 4th DCA 2024). A claimant seeking unjust enrichment ordinarily bears its own fees and an award for fees under Florida Statute section 448.08 applies only to employees (not independent contractors). Green Terrace E33, LLC v. Abruzzo, Case No. 4D2022-2495...
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by Manny Farach Week ending January 27, 2024 Shrewsbury v. Childers, Case No. 1D2023-0750 (Fla. 1st DCA 2024). A lessee under a 99-year land lease who contests whether he, as a lessee, sufficiently “owns” real property to be assessed ad valorem taxes must still contest the tax valuation within sixty days as set forth in...
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by Manuel Farach November 25, 2023 Offices at Grand Bay Plaza Condominium Association, Inc. v. Grove at Grand Bay Condominium Association, Inc., Case No. 3D22-1889 (Fla. 3d DCA 2023). Even if entry of a temporary injunction is proper under law, failure to require the posting of a bond is reversible error. 2023-11-22 Offices at Grand Bay...
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by Manuel Farach December 16, 2023 Sarasota Tennis Club Holdings, LLC v. Country Club of Sarasota Homeowners Association, Inc., Case No. 2D22-2358 (Fla. 2d DCA 2023). A party which has a right of first refusal to purchase real property does not have the right to unjustifiably interfere with the sales contract of the property on...
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By  Valerie C. David This article will discuss artificial intelligence, with a specific focus on ChatGPT and its role in the legal realm. AI is Everywhere! Artificial Intelligence (“AI”) is paralleled with the same evolutionary path as the splitting of the atom.[1]  Perhaps that is why many are hesitant to embrace it.  Indeed, the “darker...
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