Florida - Page 2

  • APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    … The significant issues test to determine the prevailing party in construction lien actions (which, by the way, also applies to breach of contract actions) applies to appellate attorney’s fees too! Under this test, the trial court has discretion to determine which party prevailed on the significant issues of the case for purposes of attorney’s…

    Florida Construction Legal Updates- 15 readers -
  • TIMELY WRITTEN NOTICE TO INSURER AND COOPERATING WITH INSURER

    … provided timely written notice of the lawsuit. An insured can forfeit otherwise valid coverage by failing to provide timely notice to the prejudice of the insurer. Under Florida law, if an insured’s notice is untimely, a presumption of prejudice arises. European Tile and Floors, supra, at *5. The insured can only prevail if it rebuts…

    Florida Construction Legal Updates- 12 readers -
  • Murder Laws in Texas: Types, Degrees, and Punishments

    …-discussed death of Trayvon Martin, prosecutors in Florida charged George Zimmerman, a neighborhood watch volunteer, with second-degree murder. Zimmerman was charged with a second-degree offense because prosecutors found no evidence that Martin’s murder was premeditated. To win the trial against Zimmerman, the prosecutor would’ve been required to show…

    The Law Office of Matthew D. Sharp- 12 readers -
  • VENUE FOR SUING PUBLIC PAYMENT BOND

    … Public payment bonds (excluding FDOT payment bonds) are governed under Florida statute s. 255.05. As it pertains to venue—the location to sue a public payment bond–the statute provides in relevant portion: (5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which…

    Florida Construction Legal Updates- 14 readers -
  • Nursing Home Abuse Statistics

    … in Florida) showed that the state of Texas received a failing grade on nursing home care, and was the only state that received failing grades in six out of eight statistical measurements. Better Care’s report also showed Texas had the lowest percentage of nursing homes that showed above-average ratings in direct-care staffing. In 2011…

    Jeff Rasansky/ Rasansky Law Firm- 22 readers -
  • Most Dangerous Places for a Motorcycle Accident

    … in the state of Florida but also extremely dangerous. Many drivers do not expect a motorcyclist to suddenly be beside them and may try and switch lanes without any warning. In addition, any error that you make could cause you to slam into the back of a slower moving or stopped vehicle, potentially throwing you off your bike and into traffic. Roads with Low…

    Gabriel Levin/ levininjuryfirm.com- 14 readers -
  • QUICK NOTE: SUBMITTING CIVIL REMEDY NOTICE

    … There are steps an insured or claimant need to take in order to assert a statutory bad faith claim. The first step is the obligatory Civil Remedy Notice. This obligation is set forth in Florida Statute s. 624.155. The Civil Remedy Notice is, in essence, written notice of the specific violation(s) that are being claimed against the insurer…

    Florida Construction Legal Updates- 9 readers -
  • FACTOR THE FACTOR IN FACTORING

    … but relying on statutory section in Florida Statute s. 679.4061 in Florida’s Uniform Commercial Code). United Capital Funding Corp. describes the application of factoring in a service context. In this case, the Florida Department of Transportation contracted an entity to perform roadside maintenance services. The entity agreed to perform the service…

    Florida Construction Legal Updates- 10 readers -
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