Florida - Page 5

  • CREATIVE AVENUE FOR JUDGMENT CREDITOR TO COLLECT A JUDGMENT

    … a judgment for $550,000 against the judgment debtor. The judgment creditor proceeded with post-judgment collection activities and recovered only $120,000 from these activities. The judgment debtor at this time was the plaintiff in an unrelated lawsuit. The judgment creditor instituted proceedings supplementary pursuant to Florida Statute s. 56.29…

    Florida Construction Legal Updates- 10 readers -
  • Court Denies Appeal Against CFP Board

    …” advisor designation. Jeffrey and Kimberly Camardas, a couple who is based out of Fleming Island, Florida, filed this appeal. In addition to their advisory practice, the Camardas owned an insurance company that charged commissions. The CFP Board ruled that the commissions from the insurance company disqualified them from describing…

    Eccleston Law Offices- 8 readers -
  • Medicaid Fraud Doc Accused of Harming Tots

    … Is Dr. Howard Schneider a Monster that Abuses Kids? A Medicaid Fraud Thief? What kid likes going to the dentist? For most parents, dragging kids to the dentist is part of parenting. Kids don’t like to go but having clean and healthy teeth is a necessity. We trust pediatric dentists to take care of our kids. Today, however, one Florida dentist…

    Due Diligence- 25 readers -
  • How to Probate a Will in Florida

    … How to Probate a Will in Florida Share » Written by Jeffrey Skatoff • October 8th, 2016 • Probate Administration, Probate of a will in Florida has a number of standard steps. These steps include the following. Locate the Original Will. Under Florida law, the original of the will needs to be probated. If the original cannot be located…

    Florida Probate, Trust and Estate Blog- 12 readers -
  • IS PERFORMANCE BOND LIABLE FOR DELAY DAMAGES?

    … There is an argument that a performance bond is not liable for delay damages UNLESS the bond specifically allows for the recovery of such damages. Keep this in mind when requiring a performance bond so that the bond covers the associated risks (and damages) you contemplate when requiring the bond. This argument is supported by the Florida…

    Florida Construction Legal Updates- 11 readers -
  • Universities Newest False Claims Act (Whistleblower) Target

    … $2.2 million in that case. Unlike many healthcare fraud cases that involve billing for services not performed or overbilling, this case allegedly involved poor quality care. A statement released by the Defense Criminal Investigative Service said that veterans and service members were denied proper care. In February of this year, Memorial Health…

    Due Diligence- 8 readers -
  • Shell Caught Double Dipping, Loses $170mm – Whistleblower Post

    …, it still must clean up 100’s of other leaking tanks but will not get any state funds. It also has to pay back the state for monies it already received. In total, the price tag to Shell is estimated at $170,000,000.00. And the whistleblower who reported the scheme? That is a company from Florida known as American Cost Recovery Management LLC…

    Due Diligence- 9 readers -
  • OH NO! A LIEN IS RECORDED! WHAT ARE SOME OF MY OPTIONS?

    … pursuant to Florida Statute s. 713.22 shortens the statute of limitations to foreclose on the lien to 60 days after service of the Notice; if the lienor neglects to do so, the lien is extinguished. (A construction lien is otherwise good for one year from its recording.) Section 713.22 provides that an owner or an owner’s attorney can record a Notice…

    Florida Construction Legal Updates- 14 readers -
  • PROPERLY TERMINATING A NOTICE OF COMMENCEMENT

    … In prior postings I have discussed the importance of the notice of commencement, particularly when it comes to notifying lienors of applicable information regarding their construction lien or payment bond rights and the priority of construction liens. In certain circumstances, it may be in an owner’s best interest to terminate…

    Florida Construction Legal Updates- 9 readers -
  • FLOWING DOWN LIABILITY IN CONSTRUCTION DEFECT LAWSUITS

    …, flow-down claims are indemnification and contribution claims. In an appellate opinion with little factual discussion, Gozzo Development, Inc. v. Esker, 2016 WL 2908442 (Fla. 4th DCA 2016), the trial court entered summary judgment in favor of subcontractors dismissing the contractor’s indemnification and contribution claims. The owner sued…

    Florida Construction Legal Updates- 10 readers -
  • Florida Slayer Statute in Federal Interpleader

    … that a murder conviction is not required, only that the court determine it "more likely than not" that the person wrongfully caused the death of the decedent. In Stephenson v. Prudential Insurance Company, 2016 U.S. Dist. LEXIS 123888 (MD Fla. 2016), the deceased, Mr. Rigby, owned a life insurance policy naming his domestic partner, Mr. McGriff…

    Florida Probate, Trust and Estate Blog- 10 readers -
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