Business and Legal Insights

Practitioners who litigate frequently in federal court already know the Herculean task of trying to appeal a remand order sending a removed case back to state court.  Typically, by express rule, a defendant has no appellate recourse if a district court remands a case.  Subject to extremely limited and specific exceptions...Read More

In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of residential property might not think to even review the original deed, such a review is necessary because...Read More

More than one business owner this week has wondered aloud: “Why is my lawyer spending so much time (and, therefore, money) on the minutiae of the Operating Agreement? Does any of that matter, anyway?”  In response to that question, Florida’s Third District Court of Appeal (Third DCA) reminds us that the rights granted by an...Read More

In a recent case, Florida’s Second District Court of Appeal (“Second DCA”) held that a commission-splitting agreement—even a very lopsided one—should not be analyzed under Florida’s restrictive covenant statute because such an agreement is not a “restraint of trade” under Florida law.Read More

Whether as a result of market conditions, evolving golfer preferences, or the financial realities of operating a golf course, golf courses in Florida regularly change hands. This blog post highlights some key issues to account for when preparing to purchase or sell a golf course in Florida.Read More

Earlier this month in Levy v. Levy, No. SC20-1195, 2021 WL 4614308 (Fla. Oct. 7, 2021), the Supreme Court of Florida issued a ruling that section 57.105(7) of the Florida Statutes did not apply to the attorney’s fee provision in a divorced couple’s property settlement agreement (“PSA”).  Section 57.105(7) of the...Read More

The amendment of Fla. Stat. 409.2576, which became effective Oct. 1, 2021, is a significant change for Florida businesses and imposes new requirements for employers who were not previously affected.Read More

To defray expenses for those hit the hardest by COVID-19, the Federal Emergency Management Agency (FEMA) is reimbursing funeral expenses for deaths attributable to COVID-19. Read the blog below for more information on the application process. Read More

Governmental action burdening private property does not always amount to a taking of private property. In such instances, private property owners may be able to recover damages against state and local entities in Florida under the Harris Act, although they still face a high hurdle.Read More

In Florida, when two or more co-owners of real property disagree over its use or management, one mechanism to resolve such disagreement is by partition.Read More