Monthly Archives: September 2015

Riparian Rights in Florida: The Right to a Waterfront View

Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations. But when we discuss waterfront property in Florida, one of the most attractive and most sought out features is an incredible water view. When it comes to private waterfront property ownership, it can be difficult to distinguish where the private land rights cease and the sovereign land ownership begins. More difficult is when your neighbor begins construction or activity that actually blocks your waterfront view. Read Full Post

CATEGORY: Florida Construction Industry Law Blog, Florida Eminent Domain Law Blog Practice Areas: , ,

Material Supplier Construction Lien Rights: Lien Releases

One of a construction material supplier’s biggest concerns is making sure they will get paid. There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, Florida Statutes. The purpose of the Florida Construction Lien Law is to protect construction material suppliers from nonpayment. The Lien Law should become your best friend. You should know it well. If done right, a supplier can almost guarantee that it will get paid in full by using the Lien Law. However, strict compliance with the Lien Law is required and it is laced with traps for the unwary. Many suppliers fail to perfect their lien rights properly and find themselves unable to get paid. Don’t let that happen to you. This blawg focuses on preserving your lien rights through the proper use of lien releases. Don’t give away more of your rights than you have to. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Recovery of Attorneys’ Fees – Part I: Key Considerations in Attorneys’ Fee Provisions of Contracts

For both client and attorney, there is nothing better than a sweet victory in litigation. However, this victory may be bittersweet if there is no recovery of attorneys’ fees. This blog post is one out of a series of blog posts that will discuss the recovery of attorneys’ fees and issues related to recovery. Specifically, this blog post will discuss contractual entitlement to attorneys’ fees. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Pleading The Fifth Amendment Against Self-Incrimination In Civil Cases Filed In Florida

Does a party in a civil dispute have the right to raise the Fifth Amendment Privilege against self-incrimination? Yes. De Lisi v. Bankers Ins. Co., 436 So.2d 1099 (Fla. 4th DCA 1983). Does the privilege extend to production of documents or just testimony? The privilege only extends to the production of documents unless the production itself is testimonial in nature. Briggs v. Salcines, 392 So.2d 263 (Fla. 2d DCA 1980) (“It then held that while the Fifth Amendment privilege against self-incrimination affords no protection to the contents of previously prepared documents, it does protect a person from producing documents under subpoena where the compelled production would amount to a forced testimonial communication which would be incriminating.”); see also, Fisher v. United States, 96 S. Ct. 1569 (1976). Whether the act of production is testimonial or not can be a complicated analysis. Essentially, if the government were to already know of the existence of documents and the location of such documents then production is not testimonial because the act of producing will not authenticate such documents or otherwise verify the existence of incriminating information. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Protecting Property Interests and Rights in Eminent Domain Actions and Government Takings: Part IV

This blog post is part IV in a series of posts to assist private property owners with protecting their property interests and rights in eminent domain actions and government takings. Part I provided a general overview of eminent domain and the government’s ability to take private property for public use. Part II discussed Florida law on the allowable scope for the taking of private property, which is determined by the element of reasonable necessity. Part III addressed regulatory takings. This post will discuss “just compensation” and how it is determined. Read Full Post

CATEGORY: Florida Construction Industry Law Blog, Florida Eminent Domain Law Blog Practice Areas: ,

Businesses Have Standing to Sue Under the Florida Deceptive and Unfair Trade Practices Act

A recent decision from the Fourth District Court of Appeals marks one of the first Florida appellate opinions holding that non-consumers may maintain a cause of action under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”). Given the broad—and almost limitless—scope of “unfair or deceptive acts or practices in the conduct of any trade or business” prohibited by the act, some could foresee this decision as a precursor to FDUPTA claims being asserted by nearly every commercial litigant. Fortunately, the 4th DCA clarified the parameters on FDUPTA claims: while a claimant need not be a consumer to bring a FDUPTA claim, the claimant must still prove an injury or detriment to consumers to establish liability. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: