Florida Business Litigation Blog



Proving Insolvency in Fraudulent Transfer Actions

By:  Brandon C. Meadows, Esq. and Frankie Velez, J.D. Candidate 2018 There are two primary types of fraudulent transfers contemplated under Florida’s Uniform Fraudulent Transfer Act (“FUFTA”)—actual fraudulent transfers and constructive fraudulent transfers.  When a debtor makes a transfer with … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , , , , ,

Impleading Third Parties in Proceedings Supplementary

By: Charles B. Jimerson, Esq. and Daniel L. Buchholz, JD Candidate Proceedings supplementary are powerful procedural mechanisms for judgment creditors with unsatisfied judgments. (See previous blog post, Florida Proceedings Supplementary 101.) However, properly impleading a potential third-party defendant under section … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , ,

Florida Proceedings Supplementary 101

By: Charles B. Jimerson, Esq. and Daniel L. Buchholz, JD Candidate Winning a lawsuit and being rewarded a money judgment does not always lead to the plaintiff’s best day. For example, Plaintiff sues Defendant for breach of contract. During the trial, Defendant realizes she may … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

Are Attorney’s Fees Available for Fraudulent Transfers in Florida?

By: Charles B. Jimerson, Esq. and Daniel L. Buchholz, JD Candidate Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) provides creditors with various remedies. See Charles B. Jimerson’s blog post on the various remedies under FUFTA, Remedies for Creditors Under FUFTA Chapter … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , ,

Anti-tying Regulations: What Can a Bank Do and Not Do?

By: Charles B. Jimerson, Esq. and Sophie M. Hayashi, JD Candidate The state of Florida prohibits banks from using their own stock as collateral for extensions of credit. These prohibitions are known as anti-tying regulations. Tying is the practice of … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

When Two Become One: Legal Considerations in the Mergers and Acquisitions Process – Part IV: The Term Sheet or Letter of Intent

In June, I began a series of blogs regarding the most important legal considerations in the mergers and acquisition process.   The first blog discussed the mergers and acquisition process at a global level generally laying out the six most important … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , , , , , , ,

What Sort of Credit Remediation is Available to Alleged Debtor After Dismissal of an Involuntary Bankruptcy Petition?

By: Charles B. Jimerson, Esq. & Suzanne H. Clark, Esq., CEDS Involuntary Bankruptcy is used by some creditors to force an alleged debtor[1] into bankruptcy. From the perspective of a debtor, an involuntary bankruptcy carries serious consequences, including loss of … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , , , , , , , , ,

Are punitive damages available for fraudulent transfers in Florida?

By: Charles B. Jimerson & Frankie Velez, J.D. Candidate 2018 In Florida, fraudulent transfers fall under the Florida’s Uniform Fraudulent Transfer Act (“FUFTA”).  The Florida statutes comprise the FUFTA, and the statutes lay out the elements needed to assert a … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , ,

Florida Property Tax Appeals – Challenge and Reduce Your Tax Liability

It’s that time of year again.  Every August, the county property appraisers throughout the state of Florida, mail their annual “TRIM” notices to all owners of residential and commercial property.  If you are a property owner, you may be quite … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , , ,

When Two Become One: Legal Considerations in the Mergers & Acquisitions Process – Part III: Drafting Nondisclosure Agreements

Part III: Drafting Nondisclosure Agreements in the M&A Process In June, I began a series of blogs regarding the most important legal considerations in the mergers and acquisition process.   The first blog discussed the mergers and acquisition process at a … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , , , , , , ,