Florida Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Florida
November 26, 2015 By Jurado & Farshchian, P.L.
A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson – is an estate planning instrument that allows a property owner to maintain control of his or her real property and avoid probate when it is time to pass the property on to heirs.
November 24, 2015 By Jurado & Farshchian, P.L.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.
November 7, 2015 By Law Office of Paul J. Donnelly, P.A.
Probation may be a part of the punishment given to you after being convicted of a crime in the state of Florida. It is important to understand that when you have been placed on probation during the sentencing process, you need to comply with all of the conditions outlined by the court. If you violate your probation terms and conditions, you could find yourself in even bigger trouble than before.
November 7, 2015 By Law Office of Farkas & Crowley, P.A.
In Florida, assault occurs when an individual intentionally threatens another person with violence, placing the victim in fear of an imminent attack. A person commits battery when they actually commit the violent act. Florida's domestic violence statute incorporates both assault and battery, along with other offenses, such as stalking, kidnapping, and false imprisonment.
November 1, 2015 By The Kilfin Law Firm, PC
This article provides a general overview of Florida's 10-20-Life statute. 10-20-Life operates to enhance the penalties of those offenders to who use weapons and, more specifically, firearms during the commission or attempted commission of certain felony offenses.
October 29, 2015 By Kaye Bender Rembau Attorneys at Law
Providing community association management services to community associations is highly competitive.
October 17, 2015 By The Kilfin Law Firm, PC
When involved in a traffic crash, a driver has a duty to remain at the scene, provide certain information, and render aid if necessary. A violation of these requirements is a criminal offense, the severity of which depends on whether property damage, personal injury, or death result from the accident.
October 16, 2015 By Kaye Bender Rembau Attorneys at Law
When it comes to service dogs and assistance animals, people often confuse the Federal American with Disabilities Act (ADA) with the Federal Fair Housing Act (FHA). The ADA laws apply only to commercial (non-residential) settings. They apply to specifically trained service dogs (and the very occasional miniature horse).
October 8, 2015 By Florin Legal, P.A.
After served with a Florida Credit Card lawsuit, depending on the balance alleged by the creditor or debt buyer, the Defendant has to either: File a written response to the lawsuit within 20 days (balance over $5,000), or Attend a small claims pretrial/mediation conference (balance under $5,000).
Obtaining Compensation for Brain Injuries Often Leads to a Complex Legal Showdown with Insurance Companies
September 30, 2015 By All Injuries Law Firm, PA
Brain injuries change lives. They change the lives of the victim as well as the lives of their family members. Many people need life-long therapy or care after a traumatic brain injury (TBI), some may not be able to leave a medical care facility.
September 30, 2015 By Shapiro, Goldman, Babboni & Walsh
It's a day nobody thinks about, but then it happens. A person is involved in a car accident. Nobody wants this in their life. When this day arrives, they could be facing a difficult situation. Car insurance is something most people pay for every month and hope they never have to use. People are often disappointed when they become aware of the many things their car insurance may not cover. This is when they realize the insurance company wants to pay them as little as possible for their accident.
September 30, 2015 By Glotzer & Kobren, P.A.
You have to deal with the insurance company in every premises liability case. For that reason, there are several things to bear in mind. Insurance companies will use various tactics in the hope of convincing you that your claim is not that serious.
September 16, 2015 By Shapiro, Goldman, Babboni & Walsh
If you were injured in an accident, and someone is at fault for that accident, you may be able to recoup money for your injuries. Unfortunately, it can be challenging to do this on your own, which is why there are many benefits to hiring an Injury Law Firm to assist you with this. If you have never been involved in this type of law suit, you may have many questions about injury accident settlements.
September 16, 2015 By All Injuries Law Firm, PA
Motorcycles are everywhere, and drivers of cars and trucks should watch out for them. A motorcycle accident is potentially more dangerous than a typical car crash. Motorcycles aren’t outfitted with airbags, seat belts, steel cages, or other typical safety features found in cars and trucks.
September 8, 2015 By Jurado & Farshchian, P.L.
The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).
September 2, 2015 By Shapiro, Goldman, Babboni & Walsh
Most drivers exercise caution when they are behind the wheel. However, even though you may be driving cautiously and doing everything in your power to avoid an accident, there are still other drivers on the road who may be negligent. That is why people find themselves in a car accident every day.
August 27, 2015 By Shapiro, Goldman, Babboni & Walsh
Dog bites occur all the time across the country. Something many people do not realize is that you have legal rights if a dog bites you. You can file a claim to be compensated for anything from medical bills to lost wages.
August 18, 2015 By Jurado & Farshchian, P.L.
The passing of family heirlooms from one generation to another should be a welcome tradition in most families, but unfortunately, this process can cause long-lasting family rifts if not done properly. There are many stories of families that have split over a silver tea service or a portrait of a long-dead ancestor.
Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals
August 11, 2015 By The Kilfin Law Firm, PC
This article is the third installment in our Florida Sentencing Enhancements series and presents an overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.
August 7, 2015 By Kaye Bender Rembau Attorneys at Law
Under current Florida law, there is a trap that can result in the expiration of the covenants for the community. Under the Marketable Record Title Act, Chapter 712 of Florida Statutes (“MRTA”), residential homeowners’ associations are required to preserve the integrity of the declaration for the entire community to retain the status of the declaration as the source of marketable title with regard to the transfer of a member’s residence.
July 20, 2015 By Jurado & Farshchian, P.L.
Most of the time, hiring an independent contractor for your business is a means of providing a temporary subject matter expert who can provide some measure of unique support. While some businesses do continue to retain employees of this type that have provided vast contributions to an organization this is not usually the case.
July 17, 2015 By Rechel & Associates, P.A.
401K and retirement, along with any other type of savings benefit or pension program that us meant for retirement, are all considered to potentially be marital assets, according to Florida law.
July 17, 2015 By Rechel & Associates, P.A.
Many people want to get divorced, but put off filing paperwork due to the costs associated. However, there are other ways to handle a divorce.
July 16, 2015 By Jurado & Farshchian, P.L.
Most people who have a good idea and not a lot of startup cash don’t think to involve attorneys right away because it feels like something that is expensive and can come later in the process when there is something to lose.
July 15, 2015 By Shapiro, Goldman, Babboni & Walsh
Finding an attorney for car accident damages, civil cases and insurance disputes is a concern that should always be taken seriously.
July 14, 2015 By Jurado & Farshchian, P.L.
Individuals need to take the following often-neglected but important issues into consideration when developing an estate plan or they risk depleting estate assets:
July 11, 2015 By Jurado & Farshchian, P.L.
Almost half of the small businesses in the U.S. are operated from home, and that number is growing as the working population ages and changes careers. While the convenience of operating a home-based business is hard to beat, you need to be sure you are not running afoul of any local regulations or state tax laws while operating your business. Some considerations:
July 11, 2015 By Jurado & Farshchian, P.L.
Today’s advances – technological, scientific, and business – are all driven by competition. As a business owner or an entrepreneur, you’re likely faced with a serious competition that drives you to constantly enhance and update your product and services range. Competition is healthy, as it promotes innovation – but what happens when you find a competitor amongst your own employees?
July 3, 2015 By Shapiro, Goldman, Babboni & Walsh
Hit and run accidents are particularly brutal and traumatic. They create many problems afterwards especially if the driver cannot be found. You could be left pleading with an insurance company for just a small amount of compensation. This is why you need to contact a lawyer right away. A personal injury attorney can do many things for you after a hit and run accident.
July 1, 2015 By Jurado & Farshchian, P.L.
Many small businesses thrive with the extra help interns provide at little or no cost to the business. However, there are things small business owners need to know about hiring and managing interns.
June 26, 2015 By The Kilfin Law Firm, PC
In the State of Florida, fleeing and eluding a police officer is a felony offense that carries some harsh penalties, including a mandatory adjudication of guilt and a mandatory driver's license suspension, which can range from one to five years. This article outlines the proscribed conduct, the varying degrees of this particular offense, and its associated penalties.
June 23, 2015 By All Injuries Law Firm, PA
In New Florida, there some specific laws of insurance that demand owners of motor vehicles to have at least 10,000 dollars in personal injury protection coverage and just 14 days to use that coverage if needed.
June 12, 2015 By Rechel & Associates, P.A.
There are two ways to appeal any judgment or non-final order handed down in a courtroom. The first way is to report a misapplication by the judge. This is otherwise known as an error of law. The other way is to make an argument that there was not enough evidence to support the final judgment.
June 12, 2015 By Rechel & Associates, P.A.
Trying to spy on your spouse should never be done. With the changes made to Florida law including cyber stalking, spying is against the law. This type of action can be considered criminal. Refer to the Florida Statues 784.048.
June 11, 2015 By Shapiro, Goldman, Babboni & Walsh
A traumatic brain injury (TBI) can result from a blow to the head that may or may not show outward objective evidence of injury like a bump, cuts or bruising. A TBI can also occur when the brain gets jostled inside of the skull and collides with the bone against it. About half of these injuries occur when the victim is involved in a motor vehicle collision.
June 9, 2015 By The Kilfin Law Firm, PC
Criminal Mischief is, for all intents and purposes, "vandalism". In Florida, this property crime may be prosecuted as either a misdemeanor or a felony, depending on the extent of damage, the nature of the property involved, and whether the accused person has prior convictions for the same offense.
June 9, 2015 By Shapiro, Goldman, Babboni & Walsh
Car crash injuries can affect your entire body from head to toe, but there are certain injuries that are the subject of lawsuits more often than others. Those injuries and what the lawsuits entail follow.
May 4, 2015 By Jurado & Farshchian, P.L.
Email is the number one usage of the Internet both at home and at work. While you don’t need to concern yourself with your employees’ personal email, you do need to take proper precautions when it comes to emailing at work.
April 29, 2015 By Shapiro, Goldman, Babboni & Walsh
People who experience brain injuries have to face a lasting impairment. Whether this results from an accident, fall, sports injury, acts of violence, or medical incompetence, the victim may be able to receive compensation for loss of income, medical costs, pain, suffering and other damages.
April 27, 2015 By Jurado & Farshchian, P.L.
U.S. Citizenship and Immigration Services (USCIS) has announced that beginning February 17, 2015, it will require those applying to the Cuban Family Reunification Parole (CFRP) Program to file an Application for Travel Document (Form I-131) and pay the associated fee or submit a fee waiver request.
April 26, 2015 By Fundaro Recinos
In Florida, the warm weather and open, well maintained roads provide a great place to operate motorcycles. Most drivers do not give motorcyclists enough space, and most are not familiar with the specific rules of the road which apply to motorcycles.
Over the past couple of years, the process of crowdfunding has become hugely popular as a means to start businesses, launch new products, or support any number of causes. In this post, we’ll cover what crowdfunding is and how it gained popularity as well as the different types of crowdfunding so that you can either utilize the different platforms available to fund your own project, or to make wiser investments.
Business expenses are the associated costs of carrying on a business. Such expenses are typically deductible if a business is operated to make a profit.
If your Florida-based business has operations in more than one state, you should be aware of the operating requirements for each state in which you do business — a process known as “qualifying to do business.” Whether or not your company must qualify to do business in another state depends on whether it engages in intrastate commerce or interstate commerce.
Sole proprietorship are the most popular form of business structure in the United States, with more than 70% of businesses owned and operated by sole proprietors.
April 19, 2015 By Jurado & Farshchian, P.L.
It is not unusual for a family member to be named as trustee for a trust that benefits a number of other family members. However, just because you are related to someone does not necessarily make him or her a good trustee.
April 13, 2015 By Rivas Law Group
In some cases, people enjoy falling: falling in love, falling asleep, falling in with good fortune, etc. Most of the time, however, falling is an unpleasant, jarring experience. It's unfortunately one of the leading causes of injuries in the United States. According to the National Floor Safety Institute, falls are the leading cause of emergency room visits, accounting for 21.3% of all causes.
April 12, 2015 By Jurado & Farshchian, P.L.
The purpose of a trademark is to differentiate and protect a company’s goods or services in the marketplace. A trademark also represents an intangible asset in the form of consumer goodwill that has been assigned to the company through its history of providing quality goods and/or services.
April 7, 2015 By Jurado & Farshchian, P.L.
If you are starting a Florida business, you are certainly not alone. The last economic recession made entrepreneurs of many Florida residents.
April 7, 2015 By Aaronson Law Firm
Read the horrible story of Ahkmed and learn from his mistakes. Don't underestimate timeshare sells men.