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Category: Blog article

  • Understanding Changes to Contracts in Florida Law

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    – Contract reformation is designed to correct errors in a written contract to reflect the true intentions of the parties. – Reformation of a written contract is appropriate in Florida when there is a mutual mistake or when one party acts inequitably or fraudulently causing the other party to make a unilateral mistake. – Courts…

  • What Florida Trustees Do: A High School Guide

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    – A trustee in Florida is required to administer the trust in good faith, according to its terms and the interests of the beneficiaries, and in accordance with the Florida Trust Code. – The trustee must act impartially in managing trust property if there are two or more beneficiaries, giving due regard to each beneficiary’s…

  • Protecting Your Ideas: Intellectual Property and AI Lawyers

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    – AI-generated content raises questions about how copyright and patent laws apply – Generative AI programs like ChatGPT and DALL-E 2 create new content based on user prompts and data sets – AI training involves exposing the AI to large quantities of existing works 1. The U.S. Copyright Office does not provide copyright protection to…

  • “Understanding How to Claim Losses on Stocks that Decrease in Value”

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    – Stocks are considered capital assets and can produce capital gains or losses when sold. – Capital losses can be used to offset up to $3,000 of ordinary income ($1,500 for married taxpayers filing separately). – Any excess loss beyond the limit is carried forward to later years, until it is used up. – The…

  • Protecting Your Assets When Remarrying

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    – Dolly Parton is known for her philanthropy and her lessons can inspire others to do good. – Winning a money judgment in court doesn’t automatically provide the funds and recipients need to take further steps to collect the money. – Non-citizens in the US do not enjoy the same tax benefits as citizens, particularly…

  • Flaw in Florida Law Leaves Non-Biological Parents without Legal Remedy

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    1. The court affirmed that there is no remedy under Florida law for a partner who has no biological connection to a child. 2. The court found that a coparenting agreement between a biological parent and a nonparent is not enforceable under Florida law. 3. The court acknowledged that Florida law does not provide a…

  • “Florida’s Top 2018 Law Changes: What You Need to Know”

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    1. The Florida Legislature passed amendments to the corporate income tax, allowing for partial adoption of the Federal Internal Revenue Code and maintaining a corporate income tax rate of 5.5 percent (House Bill 7093). 2. For commercial leases in Florida, the sales tax for commercial rental payments is reduced from 6 percent to 5.7 percent…

  • Florida Employers and Insurance Companies Could Have to Pay More Money to Injured Workers After Court Ruling

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    – Circuit court judges in Florida have the authority to require provision of benefits ordered by a JCC, and can use a Rule Nisi proceeding to order the provision of denied benefits as well as impose a monetary award for damages sustained by the injured worker. – The recent case of Zurich American Insurance Company…

  • Dealing with Work Injury After Lifting Heavy Objects

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    – Common lifting injuries include herniated discs/spinal cord injuries, torn rotator cuffs and strains, back strain, pulled muscles, wrist and elbow injuries, and patellar tendonitis. – If an individual suffers a lifting injury at work, they should report the accident immediately, seek medical attention, and consult with an experienced workers’ comp attorney to understand their…

  • Understanding Testamentary Capacity in Florida Wills and Trusts

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    – Florida law requires a person to have testamentary capacity to create a valid will or trust. – Testamentary capacity means the person must understand their property, know their family members, understand the document they are signing, and have a rational plan for property distribution. – The person must also understand the consequences of their…

  • Why Florida Commercial Landlords Should Request Rent Hearings Under Section 83.232

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    – Section 83.232 of the Florida Statute allows commercial landlords to request a rent determination hearing if a tenant contests the amount of money to be placed into the court registry during an eviction action. – The court will hold a rent determination hearing to decide how much rent the tenant should pay into the…

  • Unauthorized Damage to Trees by Others

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    1. Carol’s neighbor, Jim, cut down a significant portion of Carol’s trees, causing them to die. 2. The owner of a tree has the right to seek compensation for damage or destruction of the tree. 3. A property owner can sue for compensatory, statutory, and punitive damages in the event of tree damage. 4. State…

  • “Consequences of Breaking a Contract in Florida”

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    1. Florida law recognizes both express and implied contracts. 2. When a party breaches a contract, the non-breaching party has the right to sue for damages. 3. Damages can be compensatory or punitive in nature. 4. Compensatory damages include direct, consequential, liquidated, and incidental damages. 5. To recover damages, the non-breaching party must prove that…

  • Wrongly Accused in an Accident: What You Can Do

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    – The insurance adjuster will inspect the damage to both vehicles to determine the extent of the impact. – They will interview both drivers and any witnesses to gather their accounts of the accident. – The adjuster will also examine all available evidence, such as accident scene photos, police reports, and medical records, to determine…

  • Inheriting Stocks or Other Assets? You May Get a Favorable Stepped-Up Basis

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    1. Heirs receive a basis in inherited property equal to its date-of-death value under the fair market value basis rules. 2. The fair market value basis rules apply to inherited property includible in the deceased’s gross estate and property inherited from foreign persons not subject to U.S. estate tax. 3. Property given as a gift…

  • “Trustees of a Florida Trust – Who They Are and What They Do”

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    To mitigate complications when having multiple trustees of a Florida trust, clear communication and documentation are essential. Establishing clear guidelines and responsibilities for each trustee can help prevent disagreements and conflicts. Additionally, using professional trust management services or involving a neutral third party, such as a trust protector or mediator, can help facilitate decision-making and…

  • Florida Supreme Court Explains Healthcare Industry

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    1. Referral sources can be considered a protectable business interest under Florida’s non-compete statute. 2. The Court provided guidance on which types of business assets can justify enforcing non-compete or non-solicit agreements in all industries. 3. The Florida non-compete law requires companies to show that they have one or more legitimate business interests in enforcing…

  • “Help for a Parent Being Abused in a Florida Nursing Home”

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    – The experiment showed that plants grew better with music playing. – The report concluded that exercise improved participants’ mood and energy levels. – The research indicated that sleep deprivation can negatively impact cognitive function. – Florida nursing homes must provide a standard of care that supports residents’ physical and emotional health. – Residents in…

  • Understanding Liquidated Damages in Contracts

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    – Liquidated damages provisions are most applicable when damages are difficult to accurately project. – Courts are more likely to enforce liquidated damages provisions when breach of contract may have led to significant and potentially inaccurate damage estimations. – In cases where the breach may have led to a chain of losses, including lost profits,…

  • “Protecting Your Business: Understanding Buy-Sell Agreements”

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    1. Dolly Parton is known for her philanthropic work and has valuable lessons to teach about doing good. 2. After winning a money judgment in a court case, individuals need to take steps to actually receive the funds they are owed. 3. U.S. citizens receive certain tax benefits in estate planning, while non-citizens may not…

  • How to Use Research Credit to Reduce Payroll Taxes

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    – The research tax credit can be applied against payroll taxes instead of income tax for small companies or start-up businesses. – This option is important for businesses that have no income tax liability but do have payroll tax liabilities, making it an opportunity to immediately use research credits. – To qualify for the election,…

  • Avoiding Lawsuits for Unfair Business Practices in Florida

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    1. Agreements to arbitrate with class action waivers can help prevent small consumer claims from becoming class action lawsuits. 2. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is often used as the basis for class action lawsuits targeting small charges deemed deceptive or ambiguous. 3. Small charges in regular consumer transactions can lead…

  • Important Changes in Filing Requirements for Florida Elected Officials and Candidates

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    – Elected municipal officials and mayors in Florida and those appointed to fill those positions are now required to file Form 6, Full and Public Disclosure of Financial Interests, rather than Form 1. – This change took effect on January 1, 2024, and applies to mayors, elected members of the governing body of a municipality…

  • “Consent: How It Can Protect You from Unwanted Phone Calls”

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    1. Automated telemarketing systems make it easy for businesses to contact thousands of consumers with just one click. 2. Florida has laws regulating the use of automated telemarketing systems to prevent telephonic harassment. 3. The Telephone Consumer Protection Act and the Florida Telephone Solicitation Act have strict provisions limiting the use of automated systems for…