Under Florida law concerning contract matters, can non-action by a party constitute waiver?

"Waiver" can be, and often is, a defense to a breach of a contract. However, the determination of whether waiver applies is going to be...

Do I sign the agreement or am I entitled to an enhancement to the severance package?

Unfortunately, there are some missing variables that one would need to know to be able to give your question due consideration. For example, do...

What can I do to get out of a contract for orthodontia treatment?

It is difficult to assess your question without having the opportunity to review the contract. As a practical matter, the defense of "coercion" to...

Breach of Contract Statute of Limitations

It really is difficult with the lack of information to determine when the limitations period commenced or if, because of the type of contract,...

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There is no statutory or common law requirement that a non-compete agreement be notarized. To be enforceable, though, it has to be signed by the...

I filed an appeal with the Third District Court in Florida which was denied due to untimely filing, do I have any other options

Unfortunately, the timely filing of an appeal is jurisdictional. Think of it like a statute of limitations. If not timely filed, then the...

It is the appellant's burden to raise those issues to be considered on appeal and, then, subsequently to identify the standard of review (e.g.,...

I would only add that the parties are entitled to an evidentiary hearing which would require expert testimony. I would urge the questioner to...

The question presents very little in the way of facts. However, as a general rule, one cannot maintain a bad faith action against the insurer...

I disputed my attorney fees. He filed an attorney's charging lien. Case received final judgement over 3o days ago so no appeal

You should consult your fee agreement/engagement letter to determine whether there is an arbitration clause that may affect your dispute with the...