My marina has to pay property taxes but yours doesn’t?

Does a marina serve a public purpose? Does it matter if the marina is owned by a city or a private business owner? 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...

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...

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