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Schecter Law

Florida Officer-Director Liability For Business Torts

Generally, a director or officer of a corporation does not incur personal liability for [the corporation’s] torts merely by reason of his official character; he is not liable for torts committed by or for the corporation unless…more

| Business Organizations, Business Torts

Landmark Florida Supreme Court Decision: Florida’s Economic Loss Rule

In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., the Florida Supreme Court held, in a five-to-two decision, that the economic loss rule is limited to products liability cases. Tiara Condominium…more

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance,...

Luxury Real Estate Buyers Seek Waterfront Properties

South Florida is a top luxury real estate market. The Sun-Sentinel reported that last year Broward County posted 464 sales of homes and condos valued at $1 million or more and Palm Beach County had 791 sales of $1 million-plus…more

| Real Estate - Residential

Summary Judgment Affirmed In Favor Of Landlord In Dispute With Tenant

A trial court granted summary judgment in favor of Spurrier Investments, Inc. (“Landlord”) on LK Group Holding Company’s (“Tenant”) counterclaim for wrongful eviction. Tenant based the counterclaim on the fact that a default…more

| Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial

The Relation Back Doctrine

The relation back doctrine set forth in Florida Rule of Civil Procedure 1.190(c) provides that an amended pleading relates back to the date of the original pleading when it arises “out of the conduct, transaction, or occurrence…more

| Civil Procedure

Local Real Estate Investors Compete With Large Investment Firms

Although investment firms are buying many of the distressed properties in South Florida, local real estate investors are still trying to flip homes. Despite the tough competition, local real estate investors are hoping to find…more

| Finance & Banking, Mergers & Acquisitions, Real Estate - Residential

Standing: An Affirmative Defense To Mortgage Foreclosure

To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question. Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011). The plaintiff must prove that it had standing to…more

| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Finance...

Agencies Issue Updated Leveraged Lending Guidance

Federal bank regulatory agencies released updated supervisory guidance on leveraged lending. The guidance covers transactions characterized by a borrower with financial leverage that significantly exceeds industry norms. The…more

| Finance & Banking

A Breach Of A Fiduciary Duty Claim May Be Waived

A dispute arose between Band and Libby regarding the development and construction of a luxury condominium. Band, the managing general partner of the development and an attorney, contacted Libby to invite him to become an…more

| Civil Procedure, Construction Law, Finance & Banking, Business Torts,...

Essential Provisions In A Construction Contract

Construction contracts are very complex. If not negotiated and drafted with superior skill, disputes will develop. A construction contract should provide detailed information regarding every aspect of the construction. Involving…more

| Commercial Law & Contracts, Construction Law

Jumbo Mortgages Boost Luxury Home Sales

According to the National Association of Realtors, sales of properties worth over $750,000 have considerably increased in the past year. Reuters reports that the recovery in the luxury real estate market is likely attributed to…more

| Commercial Law & Contracts, Finance & Banking, Consumer Protection, Real...

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