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Author: Elf

  • How to Win a Noncompete Case: Move Quickly to Secure Victory

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    – The Tampa federal court denied a preliminary injunction to a transportation management company seeking to enforce non-compete agreements against four former employees due to delay in filing the lawsuit and lack of urgency. – The court emphasized the need for speed and urgency in proving imminent and irreparable harm when seeking a preliminary injunction.…

  • Steps to Close an Estate: A Guide for High School Students

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    1. Dolly Parton is known for her philanthropy and has valuable lessons to teach about doing good. 2. After winning a money judgment in a court case, individuals may need to take additional steps to actually receive the funds. 3. Non-citizens in the U.S. do not receive the same tax benefits and estate planning considerations…

  • Understanding the Real Estate Purchase Agreement

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    – The real estate purchase agreement is a binding document that protects both the buyer and seller in a property transaction. – It includes details about the property, the agreed-upon price, and the names and signatures of the parties involved. – It also outlines the closing date, expiration date of the offer, and who will…

  • How Long Do You Have to Sue for an Accident on Someone’s Property?

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    – Florida’s statute of limitations for filing a premises liability claim has been reduced to two years from the date of the accident. – In the event of a slip and fall accident, seek immediate medical treatment and gather evidence such as photos and videos of the accident scene. – Retain a copy of the…

  • Judgment Creditors Can Look into Joint Assets in Florida’s Second District

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    – Creditors can conduct post-judgment discovery on a debtor’s assets held jointly with a spouse, according to Florida’s Second District Court of Appeal’s opinion in Regions Bank v. MDG Frank Helmerich, LLC, et al. – This allows creditors to have a greater reach in locating nonexempt assets to satisfy judgment debts. – The case involved…

  • “Common Tax Challenges for Soon-to-Retire Individuals”

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    1. Required minimum distributions: Retirees may need to start taking withdrawals from their retirement accounts once they reach a certain age, which could affect their taxable income. 2. Selling the principal residence: Retirees who want to downsize and sell their homes may be able to exclude up to $250,000 (or $500,000 for joint filers) of…

  • How to Win a Quiet Title Lawsuit in Real Life

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    Step 1: Consultation with a knowledgeable attorney in quiet title actions is crucial for success. It is important to hire an attorney who specializes in quiet titles to ensure a quicker process. Step 2: Provide all requested documentation to your attorney, such as tax deeds, property transfer deeds, and mobile home VIN numbers, to support…

  • Can Homeowner Associations Stop You from Renting Your Home for Vacation?

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    – Short term vacation rentals are considered residential use of property and do not violate restrictive covenants prohibiting property from being used for business purposes. – Pre-approval leasing requirements and lease restrictions may not apply to vacation rentals, as they are likely not the same as traditional leases. – Vacation rentals typically do not require…

  • Florida’s Lost Tax Revenue: The Unintended Consequences of a Documentary Stamp Tax Loophole

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    The Florida documentary stamp tax on real estate transfers is imposed on the consideration paid on real estate transfers, such as cash paid for a transfer by deed, at a rate of $700 per $100,000 of consideration. There are exceptions to the tax, such as unencumbered property transferred between spouses as a gift, transfers by…

  • Proving Someone Wrongly Influenced a Will in Florida

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    1. The testator was in a vulnerable state and easily influenced by others. 2. The person accused of exerting undue influence had the chance to manipulate the testator’s decisions. 3. The person accused of undue influence used coercion or manipulation to obtain an unfair will or legal document. – Factors that may make a person…

  • Enforcing Foreign Judgments in Florida: Time Limits to Know

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    – Foreign judgments can be domesticated in Florida under the full faith and credit clause of the U.S. Constitution and the Florida Enforcement of Foreign Judgments Act. – There are two methods of enforcing a foreign judgment in Florida, each with a different statute of limitations. – Pursuant to FEFJA Section 55.503, a foreign judgment…

  • Everything You Need to Know About Naming Your Life Insurance Beneficiary

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    – Business owners can use life insurance to equalize the value of each child’s inheritance or to buy the deceased partner’s interest from their family. – Parents with young children can use life insurance to pay for the expenses of raising children and provide for a surviving parent if the deceased parent was the family’s…

  • How to Get Business Licenses and Permits in Miami, Florida

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    – Our business license lawyer in Miami is knowledgeable in the requirements and regulations for obtaining business licenses, occupational licenses, and permits in Florida and across the United States. – They can provide legal guidance and representation to ensure that businesses are in compliance with all necessary licensing requirements. – Our lawyer can assist with…

  • “Tips for Avoiding Arguments in Private Company Valuations”

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    – Dolly Parton is known for her philanthropy and has important lessons to teach about doing good. – After winning a money judgment in a legal case, the recipient is entitled to the amount stated, but does not automatically receive the funds. – Non-citizens in the US do not receive the same tax benefits as…

  • Common Problems in Resolving Property Titles

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    – Issues with property ownership can arise when someone dies without a clear heir, leading to potential disputes over property rights. – Poorly recorded or unrecorded liens on the property from previous owners can also create complications, as well as new liens placed on the property after it has been sold. – Title insurance policies…

  • Auto Insurance Fraud: Famous Cases

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    The truck driver and the driver of the Firebird survived a collision on a Los Angeles freeway in 1992. One of the Firebird’s passengers was killed. Authorities determined that the incident involving the teacher and her students setting her car on fire was a case of insurance fraud. The teacher had approached failing students and…

  • Understanding a Trustee’s Responsibility to Report in Florida

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    – The Florida Trust Code mandates that trustees provide annual accountings to trust beneficiaries and other relevant parties. – The accounting must include a statement of trust receipts and disbursements, assets and liabilities, property transactions, and trustee fees and expenses. – The trustee must provide an initial accounting within 60 days of assuming control of…

  • Understanding Social Purpose Corporations and Benefit Corporations in Florida: What High School Students Should Know

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    – SP Corp. and B Corp. allow corporations to make a profit while also pursuing socially conscious goals. – These structures provide liability protection for shareholders, officers, and directors. – Companies can take actions that may not directly benefit their bottom line, such as donating a product for each one sold. – SP Corp. and…

  • Florida Law Violated by Construction Liens from Popular Lien Processing Service

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    1. The construction lien was found to have irregularities and failed to meet the basic requirements of Florida’s Construction Lien Law. 2. The signatory of the lien claimed to be the agent of the lienor, but the Court saw through the charade and pointed out that the purported agent could not spell the lienor’s name…

  • Understanding Securities Law: A Guide for High School Students

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    – 52-week High/Low: The highest and lowest prices paid for a security in the last 52 weeks. – Accredited Investor: An individual or entity meeting certain financial criteria allowing them to invest in certain securities. – Acquisition: When a company buys some or all of another company’s ownership. – Affiliate: A person or entity that…

  • “Can Your Company Get a Tax Break for Dividends? | Financial Experts Explain”

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    – The dividends-received deduction is available to C corporations when they receive dividends. – The deduction is typically 50% of the dividend, reducing the amount of the dividend subject to tax. – If a corporation owns 20% or more of the payor’s stock, the deductible percentage of the dividend increases to 65%. – Dividends from…

  • New Law Will Change Local Licensing Requirements

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    – A new statute taking effect on July 1, 2021, will phase out nearly all local contractor licenses by 2023 in an effort to reduce government regulation of certain non-structural contractors. – Section 163.211, Florida Statutes, reserves occupational licensing to the state and supersedes any local government licensing requirements, with few exceptions. – Chapter 489,…

  • Understanding the End of an Irrevocable Trust

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    – Dolly Parton is known for her philanthropy and has important lessons to teach about doing good. – After winning a money judgment in a court case, individuals are entitled to the stated amount but must take further steps to actually receive the funds. – U.S. citizens receive certain tax benefits in estate planning that…

  • Understanding the Property Disclosure Statement: What to Watch For

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    – The disclosure statement includes information about the age and condition of the property, as well as its heating and electrical systems. – It also lists details about the utilities, municipal information, and any potential issues related to condos or multi-unit properties. – The statement may also disclose any issues with the structure, such as…