What is a Constructive Trust? Constructive trusts are sometimes referred to as involuntary trusts (or trusts ex maleficio). When a court exercises its jurisdiction, it may create a constructive trust to ensure fair and equitable relief. If the court determines that the person holding the property is indeed acting as trustee for the benefit of…
Continue reading ›Every contract obligates each party to act with good faith and fair dealing during its performance and enforcement. In Florida law, the implied covenant of good faith and fair dealing is an integral part of every contract. Florida contract law recognizes the implied covenant of good faith and fair dealing in every contract. However, it’s…
Continue reading ›You may be interested to know that under Florida law the custodian or holder of a will must deposit it into the probate court within 10 days upon written demand informing him/her that the testator has passed away. Florida Statute 732.901 operates as follows: Production of wills.— (1) Upon receiving information that the testator has passed away, the…
Continue reading ›Subrogation is a legal concept that provides relief when an insurance company is obligated to pay a legal obligation that should be fulfilled by the at-fault party. Essentially, subrogation places the insurance company in the legal position of its insured (who it compensated). The insurance company can then go after the person who made the…
Continue reading ›What is a reverse mortgage? A reverse mortgage is a type of loan where the lender gives money to an older person, usually a homeowner, to use as income. The money is secured by a mortgage on the person’s home. This way, the person can access their home equity without worrying about losing their house.…
Continue reading ›What is Florida’s Civil Theft law? Anybody who suffers injuries in any fashion because of any violation of the theft statute, or by someone’s receipt of funds by a pattern of criminal activity, shall have a claim for treble actual damages (with a minimum of $200), attorney fees, and costs of litigation. Under Florida law,…
Continue reading ›What are Defenses to a claim of breach of contract? A party may prevail on a claim for breach of contract only by pleading and proving all the requisite elements claim. Therefore, one defense is the assertion that the plaintiff failed to properly plead and prove the elements of this cause of action (i.e. Existence of…
Continue reading ›Who Pays for Attorney’s Fees? In Florida, each party generally pays for his or her own attorney’s fees unless otherwise provided for by statute or contract. In many instances the statute or contract states that an award of attorney’s fees goes to the “prevailing party”. Thus, the proof of fees is postponed until a decision is made…
Continue reading ›How much can a homeowner’s association fine a member? An association may impose reasonable fines for violations. Each violation against a member, their tenant, guest, or invitee for the owner’s or occupant’s failure to comply with the declaration, bylaws, or reasonable association rules, except as otherwise specified in the governing documents, may result in a…
Continue reading ›Wrongful Death-FAQs What are the Elements of the prima facie case of wrongful death? In Florida, a cause of action for a wrongful death did not exist at common law. The Florida Wrongful Death Act, Fla. Stat. §§ 768.16 to 768.26, creates a statutory cause of action. In a wrongful death action, a plaintiff must allege and…
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