Monthly Archives: February 2013

Is not reading the contract a defense to enforcement of the contract?

By: Charles B. Jimerson

Occasionally in litigating contract actions I will run into the laughable defense of “I didn’t read the contract, so therefore I shouldn’t be subject to it.” That is not a viable defense under Florida law. It is well settled Florida law that a party has a duty to learn and know the contents of a proposed contract before he signs it and therefore, one who signs a contract is presumed to know its contents. Wexler v. Rich, 80 So. 3d 1097 (Fla. 4th DCA 2012). Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

The Treatment of HOA Liens During a Debtor’s Bankruptcy Proceedings

By Hans C. Wahl, Esquire

Homeowners’ Associations (HOAs) have remedies available, under Florida law, when its residents fail to pay their periodic HOA assessments in a timely manner. One such remedy is a statutory lien pursuant to Chapter 720, Florida Statutes. According to Florida law, when a community is subject to mandatory HOA fees, the HOA has the statutory authority to levy assessments and to secure its claim for any unpaid assessments by placing a lien on the debtor’s property within that community. Fla. Stat. § 720.3085(1). Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , , ,

The Governmental Unit Exemption to the Automatic Bankruptcy Stay Extends to a Final Judgment for Attorneys’ Fees as a Sanction

By Kelly A. Karstaedt, Esq.

In every bankruptcy action that is filed, a stay of any collection-type activities automatically comes into place for the duration of the pending action. However, there are certain proceedings that are exempted from this automatic stay and allowed to proceed against the debtor during a pending bankruptcy action. One such exemption is a proceeding by a governmental entity to enforce its regulatory or police power. It is widely accepted that such proceedings to benefit the governmental entity may continue, but what if the final benefit rests with a private citizen? Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Make Sure You have Addressed all Pending Counterclaims and Affirmative Defenses Prior to Moving for Final Summary Judgment of Foreclosure

By: Matthew F. Havice, Esq

After filing a foreclosure action and receiving a response from the Plaintiff, it is common to obtain the needed documentation, including supportive affidavits, and move quickly for summary judgment. However, a recent decision from the Fifth District Court of Appeals has clarified when summary judgment is available following the filing of an answer with affirmative defenses and a counterclaim(s) by the defendant. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: