Why many manager removal provisions are doomed to fail

Even well-drafted partnership and operating agreements often relegate one key topic to boilerplate language: how to remove a manager of the business when the partners disagree on how it is being run. CONTINUE READING...

No right to jury trial in foreclosure, even where lender seeks money judgment on promissory note

Florida’s foreclosure statute expressly provides that both foreclosure and deficiency proceedings are the province of the court, not a jury. (Section 702.06, Fla. Stat.) CONTINUE READING...

The sky is falling…does the tenant still have to pay rent?

It’s a common commercial landlord-tenant showdown – a tenant accuses its landlord of failing to make repairs and threatens to withhold rent. But can a tenant legally do that? 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...

Does Florida’s homestead protection from creditors extend to sale proceeds invested in securities?

What if the owner sells the property and invests the sale proceeds in securities while looking to buy a replacement homestead? Can a judgment creditor grab the proceeds, or are they still protected? CONTINUE READING...

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