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It is critical that owners remain vigilant of their rights as more and more Complaints for injunctions continue to be sought by Homeowner Associations and Condominium Associations to compel compliance with the governing documents such as the declaration, and/or rules and regulations. Injunctions are Extraordinary and Drastic Remedies Injunctions are an “Extraordinary Remedy” and should…

Have you been sued for subrogation? A complaint for subrogation is usually filed when an insurance company paid out money to its insured and now seeks to recoup that money from the defendant who caused the damage to its client.  In this way, the insurance company is stepping into the shoes of its insured.  Claims for subrogation…

Equitable Liens in Litigation You may be surprised to learn that a court can impose a lien over property even when there is no written or special contract between the parties.  This type of lien is known as an “equitable lien” and it arises out of fundamental maxims of fairness-as opposed to an express contract.  In deciding…

What is a Notice of Lis Pendens? Lis Pendens is Latin for “suit pending”.   Lis Pendens are used to give notice to the world that there is a lawsuit pending that involves real property and they are commonly filed in partitions, foreclosures, and disputes involves title to real property.  A person’s right to record a lis pendens…

What is a power of attorney? Simply put, a Power of Attorney is “a writing that grants authority to an agent to act in the place of a principal.” § 709.2102(9), Fla. Stat.. Thus, it “creates the relationship of principal and agent between the one who gives the power and the one who holds it.” Kotsch…

Case law is based on precedents and judicial decisions from previous cases and attorneys rely on it when advocating for a client in court. In this blog we explore holdings that may be useful to our partition clients. -Money Damages Unavailable in Partition Morrison v. Smolarick, 334 So. 3d 675 (Fla. Dist. Ct. App. 2022) Summary:  Homeowner…

A co-owner of jointly owned property has the right to buyout out another co-owner’s interest in the property if the property qualifies as “heirs” property and other certain conditions are met. The Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2020.  Under the Act, the court must first…

Can I be Awarded my Attorney’s Fees in a Partition Lawsuit? Yes.  An award of costs and attorney’s fees in an action for partition is discretionary with the court.  The amount of attorney’s fees to be awarded is also within discretion of the trial court,  based on, or commensurate with, the services rendered and the benefit to the…