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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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By David W. Henry This article aims to identify and cure a species of mediation malpractice.  The putative error or species of mediator malpractice (so to speak) is in allowing the parties to create a document that purports to resolve the dispute but which in truth is an unenforceable agreement to agree.  “Agreements to agree”...
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By: Deedee Bitran, Esq. Shutts and Bowen LLP Last month, the Equal Employment Opportunity Commission (“EEOC”) sued a Florida-based McDonald’s franchisee (Houcorp, Inc.) for allegedly failing to accommodate a deaf job applicant under the Americans with Disabilities Act (“ADA”). The Complaint alleges that a job applicant who is hard of hearing requested and was denied...
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By Christopher DeCort On April 27, 2023, the Florida Supreme Court issued an opinion in which it further amended Fla. R. Civ. P. 1.530 to require motions for rehearing to preserve for appeal challenges based upon a trial court’s “failure to make required findings of fact” (rather than “the sufficiency of trial court’s findings”). The...
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Dennis LeVine, Brock & Scott, PLLC Fraud by auto repair shops and towing companies cause lenders to lose their liens on vehicles and incur multi-million-dollar losses.   In 2019, the Florida Legislature significantly amended the vehicle repair shop lien statute to address rampant fraud in Florida by vehicle repair shops.  This effort began with a letter from...
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By Michael Kolcun, Adams and Reese LLP In a case of first impression, SE Property Holdings, LLC v. Welch, __ F.4th __, 2023 WL 2878735 (11th Cir. April 11, 2023), the Eleventh Circuit held that the “catch-all” remedies provision in the Florida Uniform Fraudulent Transfer Act (“FUFTA”), Fla. Stat. § 726.101 et seq., neither allows...
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By: Deedee Bitran, Esq. Shutts & Bowen LLP Two new pieces of federal legislation are reshaping and improving the landscape for women in the workforce by mandating reasonable pregnancy accommodations and expanding protections to employees who pump breastmilk at work.  In light of these new federal laws, employers should promptly (i) consult with their employment...
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