Tag: resulting-from
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Understanding Attorney’s Fees in Florida
– Attorney’s fees in Florida are only available if allowed by contract or statute. – Attorney’s fees incurred outside of litigation may be recoverable as compensatory damages, if pled as special damages in a later lawsuit. – Non-litigation related attorney’s fees may be recoverable as special damages if they were necessary due to a tortfeasor’s…
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Understanding Domestic Violence Leave Protection in Florida Law
1. Florida’s Section 741.313 mandates employers with 50 or more employees to provide up to three working days of leave for employees who are victims of domestic or sexual violence, or members of the same family or household of a victim. 2. Eligible employees must have been employed for at least three months. The employer…
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“Florida Court Rules Tenant’s Insurance Payments Don’t Guarantee Coverage”
1. The Florida court ruled that a tenant’s payment of the landlord’s insurance premiums does not make the tenant a co-insured with the landlord. 2. The court allowed an insurance company to proceed with a $2.1 million negligence lawsuit against a tenant, even after covering the landlord’s losses from a fire. 3. The lease required…
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Understanding Florida’s New Arbitration Laws
– The Florida Arbitration Code was amended in 2013 and is now known as the Revised Florida Arbitration Code (RFAC). – RFAC applies to agreements to arbitrate made on or after July 1, 2013, and older agreements may be subject to RFAC if all parties consent. – Beginning July 1, 2016, all agreements to arbitrate…
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The Rules of Lis Pendens in Florida: What You Should and Shouldn’t Do
– A lis pendens is a notice of a pending lawsuit against real estate in Florida. – It provides notice to third parties that there is a lawsuit concerning the property. – A lis pendens also protects the plaintiff from any intervening liens on the property filed after the lis pendens. – Property owners may…
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Can the Government Take Trees and Crops in Florida?
1. The condemning authority must include the value of trees and crops in the payment of full compensation to the property owner in eminent domain proceedings in Florida. 2. In some cases, the condemning authority may be required to pay compensation for trees even without taking the subject property, if the trees present a danger…
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Florida PIP 14-Day Accident Law: What High School Students Need to Know
1. The Florida 14-day accident law, also known as the PIP 14-Day Rule, requires individuals involved in a car crash to seek medical care within 14 days to access PIP benefits. 2. PIP insurance covers medical expenses, wage loss, and funeral expenses regardless of fault, providing up to $10,000 in coverage for necessary and reasonable…
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“Understanding Employment Status in Florida: What High School Students Need to Know!”
– Misclassification of employment status in Florida can result in employees being denied their entitled rights and benefits. – Proper employment classification in Florida entitles employees to various legal protections, including minimum wage, overtime pay, workers’ compensation, and protection against workplace discrimination. – Independent contractors in Florida are not covered by these legal protections, leaving…
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“How to Get Money Owed from a Criminal Restitution Order in Florida”
1. Aggrieved parties named as victims in a criminal Restitution Order have an enforceable right to restitution, similar to a judgment holder. 2. Victims can enforce their right to restitution through the civil collection process, including filing a Civil Restitution Lien on the offender’s property. 3. If a party does not qualify as a victim…
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“Words Matter: Understanding Indemnification Clauses”
– The wording of an indemnification provision must be specific in order to provide full protection to the indemnified parties. – The way indemnification agreements are drafted can have significant practical implications. – A recent decision by New York’s Appellate Division confirms the importance of specific language in indemnification clauses. 1. The language of the…