Archived
I signed a VERY broad non-compete and I need to know if the scope of the conrtact is enforceable per FL state law?
Nickolas's answer
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Answered on July 29, 2014
I agree with my colleagues. It is especially important to consult with an attorney so you do not invite a lawsuit.
While 3 years and 75 miles...
Archived
Does an intellectual property clause in a contract with my employer mean that all income I make becomes their property?
Nickolas's answer
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Answered on July 29, 2014
Perhaps you have something they want, assuming you are not bound to an agreement with them already that has work for hire provisions in it....
Archived
HOW TO STOP THIS NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE, FINAL PAYMENT IS 3 MONTHS PAST DUE AS STATED IS SETTLEMENT.
Nickolas's answer
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Answered on July 29, 2014
Part of the confusion is there are not enough facts. It does appear that you are the plaintiff. But if so, you don't have to stop anything because...
Archived
Can a salon owner consider herself a "general contractor" and then hire salon professionals as "independent contractors?"
Nickolas's answer
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Answered on July 29, 2014
Yes this is not unusual. Salons typically rent out their chairs. She is not a general contractor as that phrase is commonly used - construction...
Archived
In a Civil Case, Can a Default Be Entered Against Me for Filing an Answer and a Motion to Dismiss Too Late?
Nickolas's answer
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Answered on July 29, 2014
I can tell you that yes you can have a default entered against you by the court without a hearing when a motion to extend time to respond to a...
Archived
What are the fees for a real estate attorney to review a sale by owner property contract?
Nickolas's answer
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Answered on July 28, 2014
Could be anywhere from $200 to $500 if one of the standard form contracts is used. These forms are either the FAR or FAR/BAR Residential Contract...
If an S corp breaks a lease, can corp officer who signed lease be held responsible. I signed as officer with no personal guar.
Nickolas's answer
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Answered on July 28, 2014
All of these answers are correct. As to winding down business affairs, the Florida Business Corporation Act requires you to make provision for...
Archived
How is Plaintiff's breach of contract claim against an LLP company affected when the company is sold during pending litigation?
Nickolas's answer
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Answered on July 28, 2014
To summarize, if the stock was sold to new ownership then they also bought your lawsuit.
If the company you sued sold its assets, then the issue...
IS A SETTLEMENT AGREEMENT THAT DOES NOT EXPIRE STILL ENFORCEABLE IF A BREACH OR FAILURE TO PERFORM OCCUR?
Nickolas's answer
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Answered on July 28, 2014
I would add that a breach of contract action still needs damages and I can't see how they would be damaged by you applying only. That doesn't mean...
Archived
Is there a statute of limitations or requirements for late fees?
Nickolas's answer
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Answered on July 14, 2014
Sounds like you had a written lease. If so, the statute of limitations on written agreements is 5 years. You may have an argument that the landlord...