Commercial Breach of Contract Defenses of Force Majeure, Impossibility, and Frustration
May 31, 2023
Bress Law firm post on the commercial breach of contract defenses of force majeure, impossibility of performance, impracticability of performance, and frustration of purpose. INTRODUCTION The commerci...
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EVICTION vs EJECTMENT: WHAT IS THE DIFFERENCE?
Mar 21, 2023
Ejectments and evictions are legal actions for possession of property. This article is focused on the fundamental distinction between eviction and ejectment actions, which are often confused, usually...
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WHAT ARE THE FIDUCIARY DUTIES OF A TRUSTEE IN FLORIDA?
Sep 21, 2022
Under the Florida Trust Code, Florida Statutes chapter 736, a trustee of a trust is bound by basic fiduciary duties that the trustee owes to a trust’s beneficiaries. A trust is a legal arrangement cre...
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BREACH OF CONTRACT: AT WHAT POINT CAN YOU SUE?
Sep 21, 2022
At what point can you sue for breach of contract? Or, put legally, at what point would a party to an agreement be entitled to file a lawsuit for breach of contract? The simple answer is when a party t...
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WHAT CAN A LANDLORD DEDUCT FROM A SECURITY DEPOSIT IN FLORIDA?
Sep 21, 2022
Most lease agreements require a security deposit, usually before the tenant moves in. Some leases also require last month’s rent. A security deposit provides security for the landlord if the tenant br...
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CAN A CONDO EVICT AN OWNER OR TENANT IN FLORIDA?
Sep 21, 2022
A Condominium Association (COA) is a corporate entity created to govern a common-interest apartment building or complex. The owners have separate ownership of their units and common ownership of the c...
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FLA. SUPREME CT. LIFTS COVID-19 RESTRICTIONS FOR IN-PERSON COURT APPEARANCES
Jun 21, 2021
Chief Justice Charles T. Canady of the Florida Supreme Court issued an order on June 4, 2021, allowing Florida’s courts to lift many of the Covid-19 safety restrictions for in-court proceedings (the "...
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CDC EVICTION DECLARATION REQUIREMENTS, FLORIDA
Jun 21, 2021
March 2021, the Center for Disease Control and Prevention (CDC), extended the moratorium on evictions for non-payment of rent until at least June 30, 2021 ("CDC Order" or "CDC Moratorium"). INTRODUCTI...
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EVICTION MORATORIUM IN FLORIDA, JUNE 2021 UPDATE
Jun 21, 2021
This post discusses the current state of the Federal Eviction Moratorium in Florida (the "Moratorium"), which was originally implemented by the Center for Disease Control and Prevention (CDC) on Septe...
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GROUNDS FOR EVICTION IN FLORIDA: POST MORATORIUM AND UNDER THE CARES ACT
Jun 30, 2020
These are common grounds in Florida for eviction and some of the prohibitions involved in the process of eviction. This article has been updated in light of the eviction moratorium and The Coronavirus...
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