Author Archives: Matthew S. Sackel

Can I Get a Money Judgment If I Can’t Locate the Defendant or If He Resides Out of State?

Once you have filed your complaint seeking damages for breach of a lease or guaranty, you are required to serve the party from which you are seeking relief. But what happens when you are having difficulty serving the breaching party because they are either intentionally avoiding service or they have moved out of state? CONTINUE READING...

If I drop my FDUTPA claim because I realize I can’t prove actual damages, am I still liable for the defendant’s attorney’s fees?

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) prohibits unfair, deceptive, and unconscionable actors or practices in the conduct of any trade or commerce—including the purchase and sale of real estate. CONTINUE READING...

Trying to back out of a settlement agreement? Think again.

A court must enforce a settlement agreement and enter a final judgment of foreclosure when both Parties agree to the terms of an agreement even where the foreclosing party is unable to produce the original promissory note because Florida law highly favors settlement. CONTINUE READING...

Following a commercial eviction the landlord can accelerate rent

Typically, eviction of a commercial tenant does not terminate a lease under Florida law, or preclude the landlord from exercising its option to accelerate rent payments under the terms of the lease in the absence of any relevant modifying provisions in the lease agreement or evidence of landlord’s retaking possession for its own use. CONTINUE READING...

Distribution is improper when there are pending claims that have not been adjudicated

Even when a party prevails on its claims in an action seeking judicial partition of property, it may not be immediately entitled to a distribution when there is a pending counterclaim that has yet to be adjudicated. CONTINUE READING...