Blogs

Florida Real Estate Litigation Florida is a popular destination for real estate investors, retirees, and vacationers alike. As a result, the Florida real estate market is often subject to legal disputes and litigation. Title Disputes One of the most common types of Florida real estate litigation involves title disputes. A title dispute can arise when […]

If you’re a business owner in Florida, you know that collecting payments from customers can be a difficult and time-consuming process. When a customer fails to pay their debts, it can hurt your bottom line and put your business at risk. This is where a Florida commercial collection attorney can be invaluable. Here are some […]

The biggest investment of your life may be a home for your family.  Why not take a few minutes and learn how to protect yourself, learn something, and make the process enjoyable? Whether it’s losing all your money on a bad investment, buying a house with defects, or everything in between, there are always ways […]

Both arbitration and mediation are two separate alternative dispute resolution (ADR) methods to resolve legal issues between parties outside of a traditional court hearing. While both methods are aimed to resolve and/or settle a legal issue, there are distinct and key differences between the two. What Are Arbitration and Mediation? Arbitration is a formal proceeding, […]

When a person files for bankruptcy, their debts are discharged, meaning they are no longer legally obligated to pay them. However, there are certain types of debts that are not eligible for discharge under Section 523. These may include debts incurred through fraud, embezzlement, or willful or malicious injury to another person or property. What […]

A recent Bankruptcy Court decision sanctioned a creditor that filed an inaccurate proof of claim by awarding attorney’s fees to the debtor.  In re Simmons, No. 22-680 (Bankr. D. S.C. Aug. 31, 2022). Bankruptcy Procedure for Proof of Claim Rule 3001(c)(2)(D)(i)-(ii) of the Federal Rules of Bankruptcy Procedure states that if a creditor fails to […]

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit employment discrimination. If an individual believes they have been subjected to discrimination in the workplace, they can file a charge of discrimination with the EEOC. Once a charge is filed, it will initiate the EEOC investigation process to determine whether […]

What Is Mediation in the Context of a Bankruptcy Proceeding? Mediation is the process used in bankruptcy cases to help resolve disputes between parties in a less formal and less adversarial manner, than through traditional litigation. During mediation in bankruptcy, a neutral third-party mediator facilitates communication between the parties involved and helps them reach a […]

After an employee files a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), mediation may be the next step for the employee and employer in seeking a resolution to their dispute. While mediation is sometimes required by an employment contract, the employee and the employer can also voluntarily agree to mediate their dispute. […]

On January 1, 2023, pursuant to Florida Statutes § 34.01, there were changes as to which court you can file your complaint for money damages.  When filing a lawsuit in Florida County Court for money damages there are three separate courts in which you could file depending on the amount in dispute. Small Claims – […]

Do you have a dispute with a Buyer or Seller of real property in Florida? Pre-suit mediation may be your next step. In FAR/BAR Residential Sale and Purchase Contracts, there are terms and conditions that provide the obligations of the Buyer and Seller.  If you find yourself thinking: “The other side is not complying with […]

Contractors Don’t Lose Your Lien Rights Under Florida’s Construction Lien Law, a contractor who is in privity with the property owner is required to execute and deliver a Contractor’s Final Payment Affidavit to the owner at least five days before filing suit to enforce the contractor’s lien. The purpose of the Contractor’s Final Payment Affidavit […]

Enforceability of Noncompete Agreements in a Remote Workforce Today, many businesses are shifting their workforce from in-office positions to remote work. These remote positions have opened the door, and state lines, to hiring employees who reside outside of the state where the employer typically conducts business. As with traditional in-office positions, businesses frequently require the […]

A charge of discrimination is a signed statement alleging that an organization engaged in employment discrimination.  It requests the Equal Employment Opportunity Commission (EEOC) take remedial action. In order to file a lawsuit for unlawful discrimination, most of the laws enforced by EEOC, except for the Equal Pay Act, require you first file a charge […]

To meet the definition of a trade secret under Florida law, a business must establish that the specific information it seeks to protect has independent economic value and that the business made reasonable efforts under the circumstances to maintain its secrecy. Therefore, it is important for businesses to know what constitutes “reasonable efforts” under Florida […]

Can the other party be responsible for your attorney’s fees? Maybe. In Florida, attorney fees incurred during the course of litigation are only recoverable from the other party if specifically allowed by contract or statute.  Often, contracts will have a provision regarding entitlement to attorney’s fees which states that the prevailing party in any future […]

The Florida Bar has posted a brochure for consumers on its website that details important information about buying a home, and why consumers may wish to consult with an experienced, Florida-licensed real estate lawyer:  Consumer Pamphlet: Buying a Home – The Florida Bar. The brochure is full of useful information about the many significant decisions […]

Successfully navigating the world of law can be complicated for businesses. That’s especially true when it comes to a commercial litigation attorney. Commercial litigation covers eventualities such as fraud claims, shareholder disputes, and breaches of contract. These and other forms of commercial litigation can impact companies of all shapes and sizes. Litigation matters can also […]

What Does “As-Is” Really Mean in As-Is Real Estate Purchase Agreements? In many real estate purchase agreements, you may see a property is being sold “as-is.” Does “as-is” really mean the property is being sold “as-is?” Not necessarily.  If a seller has knowledge of material defects that affect the value of a property that were […]

Florida’s New Summary Judgment Standard On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard, which became effective on May 1, 2021.  Notably, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim.  Indeed, the new standard for granting summary judgment in Florida mirrors the […]

Due to the success of civil remote court hearings during the Covid-19 pandemic, the Florida Supreme Court has amended various procedural rules, effective October 01, 2022, to provide “permanent and broader authorization for the remote conduct of certain court proceedings.” In. re: Amendments to the Florida Rules of Civil Procedure, No. SC21-990, 2022 WL 2721129 […]

An estate plan is a set of legal documents that directs the disbursement of your property after death.  Everyone needs an estate plan because it ensures your wishes are followed after your death. It also prevents your family from having to make difficult decisions and saves them from unnecessary expenses. And it allows you to […]

When an employee is terminated or resigns from their job, sometimes employers will present the former employee with separation or severance agreements, which specifies the terms of the employee’s separation from their employment. These agreements release legal claims that the employee may have against the employer, and, in exchange, the employee receives compensation or other […]

When legal disputes arise, you may need to act fast to avoid ending up losing your case. Simply taking too long to respond or failing to follow the right steps is all it takes to ruin your chance at fighting the lawsuit against you. Fortunately, you do not have to go it alone. Read Through […]

As a response to the COVID-19 pandemic, Congress passed the American Rescue Plan Act of 2021, commonly referred to as the COVID-19 Stimulus Package. Within this bill is the Homeowners Assistance Fund (HAF), a program to prevent mortgage delinquencies and defaults, foreclosures, loss of utilities and displacement of homeowners experiencing financial hardship as a result […]

Kass Shuler, PA and firm partners Jeff Mouch, Nicole Noel and Yusuf Haidermota, along with rockstar Associate George Zamora, are catching up with colleagues and friends at the SCUCE: Southeast Credit Union Conference and Expo.   #SCUCE  

Kass Shuler is looking forward to attending the Southeastern Credit Union Conference & Expo! If you are attending, we invite you to stop by Booth #414 to learn more about our law firm and enter our drawing! We look forward to meeting you, learning more about your credit union, and discussing how our firm can […]

Holding Decision In early May, Florida’s 4th District Court of Appeals issued its opinion in Colombo v. Robertson, Anschutz & Schneid, P.L. (4D20-1719, 2022 WL 1397564 (Fla. 4th DCA May 4, 2022)), affirming a Palm Beach trial court’s ruling that the attorney’s fees incurred by a lender in a prior foreclosure action could be sought […]

Generally, in a bankruptcy case when a Trustee attempts to sell property free and clear of any interest in that property they must fall under one of the five subsections outlined in Bankruptcy Code Section 363(f). Specifically, Section 363(f)(4) allows the Trustee to sell the property free and clear if such interest in that property […]

If you are an investor, lender, and/or servicer of a mortgage it is important to know the legal process of resolving defaulted borrowers with real estate litigation. We are here to help you at the Kass Shuler Law Firm. Real Estate Litigation Process for Judicial Foreclosure One of the most common scenarios of financed real […]

Although not a requirement before filing suit, former employers oftentimes send cease-and-desist letters to enforce noncompete, non-solicit, or nondisclosure agreements against former employees. Cease and desist letters remind former employees of their obligations under the agreement and provide written notice of the former employee’s alleged wrongful conduct. As a former employee, you should know there […]

Debt Collection Balances in 2022 Based on a recent analysis of the Fed Consumer Credit Panel/Equifax Data Report completed by the Federal Reserve, aggregate household debt balances increased by $333 billion in the fourth quarter of 2021, which represents a 2.2% rise from the third quarter of 2021, and the largest increase since 2007 in […]

Business divorce is exactly what it sounds like, it is a legal proceeding in which business partners end their business relationship. It can include some of the complexities and emotional entanglements of conventional divorce.  Each business divorce is unique and requires careful study of the relationship between the parties and clear goals for the outcome. […]

Whether you’re running a business or working as an employee, non-compete agreements will undoubtedly land on your radar at some point. Also known as a covenant not to compete, this agreement helps protect the company’s interests by restricting what the employee can say or do for a set amount of time. No matter which side […]

When properly drafted and enforced, non-compete agreements have the power to protect your business interests and bottom line. Well-known as a covenant not to compete, these agreements effectively prevent employees from putting your efforts to work against you. Working with a Florida non-compete attorney from day one can help ensure that you are protected to […]

On April 13, 2021, Florida Supreme Court Chief Justice Charles T. Canady issued an updated Administrative Order in response to the COVID-19 pandemic. [1] This Order is nicknamed “Amendment 12” and required every civil case filed in the State of Florida to submit a Case Management Order. Amendment 12’s intent was to mitigate the impact […]

When a debtor initially files a petition under the United States Bankruptcy Code a creditor is stayed from continuing or commencing any action to collect a debt from the debtor.[1] With very few exceptions the automatic stay goes into effect automatically.[2] Debtors have used the automatic stay, and its broad coverage, to their advantage by […]

The Debt Collection Rule (“the Rule”) interprets the federal Fair Debt Collection Practices Act. The Rule attempts to clarify how debt collectors can communicate with debtors and what information must be provided to the debtor when attempting to collect a debt. What Is the Debt Collection Rule? A new concept in the Rule is Limited […]

Deciding to hire a Debt Collection Law Firm vs Debt Collection Agency might seem similar in concept, but understanding the limitations of a debt collection agency is important. Both debt collection law firms and debt collections agencies are regulated by the Fair Debt Collection Practices Act; however, the abilities on how to collect the debt can be […]

While Florida has a very pro-employer non-compete statute, it is not without its limitations. In a recent Florida Supreme Court decision, the Court held that Florida’s non-compete statute does not cover non-compete agreements “whose sole purpose is to prevent competition per se” because they would be void against public policy. White v. Mederi Caretenders Visiting […]

Florida courts generally enforce non-compete agreements as valid restraints of trade or commerce if they are both (i) reasonably necessary to protect a legitimate business interest and (ii) reasonable in time, geographic area, and scope. §§ 542.18 and 542.335(1), Fla. Stat. What Kinds of Non-Compete Agreements Are Reasonable in Florida? For non-compete agreements that are not based on the […]

Non-compete agreements, also known as covenants-not-to-compete, are required by some employers when an employee is starting a new job. An employer can ask an employee to sign a non-compete agreement at any time.  Most non-compete agreements state that the employee will agree not to start a competing business or go to work for a competitor […]

If you’re having trouble recovering debt collection attorney fees in your commercial lawsuit, you need a workable solution. And not just for the current debts, but future ones too. Otherwise, losses may increase as the debts remain unpaid and you pay out of pocket expenses and commissions to collect the monies owed. Making a Plan […]

As debts owed to your company start to pile up, you may find it challenging to keep your business afloat. Unless you have big money coming in otherwise, covering payroll, maintaining a solid inventory, and paying for overhead all require repayment of those debts. Trying to locate the debtors and get them to send in […]

Unless you have all your clients pay their balance in full at the time of service, you’re likely to end up having far too many outstanding debts. You may then have to decide if you want to form your own collection department — and carefully navigate debt collection laws — or hire a potentially costly […]

When your clients leave outstanding balances on the books, your monthly business revenues take an immediate dive. Worse yet, the longer the debts remain unpaid, the less likely your customers are to issue payment on their own. Thankfully, you can collect the money owed to you by hiring a commercial collections attorney. Here’s how they […]

For the past five years, the Consumer Financial Protection Bureau has worked diligently on developing new debt collection rules that align with modern times. Their efforts are finally set to pan out with the new federal regulations going into effect on November 30th, 2021. By that time, your debt collection efforts must align with the […]

Breach Letter Opinions: Florida Foreclosure Legal Alert There are four recent breach letter cases that may be of interest to foreclosing lenders in Florida: In U.S. Bank v. Leigh, the Fifth DCA held that the breach letter properly included attorney’s fees and costs incurred in a prior foreclosure, where the “plain language of the mortgage” [...]

The man, who is in a stable condition in hospital, has potentially life-changing injuries after the overnight attack in Garvagh, County Londonderry. He was shot in the arms and legs.

Kass Shuler is partnering with the Circuit and County Courts of the Thirteenth Judicial Circuit and State Attorney’s office, along with the Hillsborough County Clerk of Court and the VA hospital for this year’s Veteran’s Outreach Court (the “VOC”). The VOC is a special setting in which all of these governmental bodies come together to […]

Yusuf Haidermota will be attending the 17th annual American Legal & Financial Network Answers Conference (ALFN) 7/21-23rd at the Hyatt Regency in Lake Tahoe Incline Village Nevada!  He is looking forward to seeing our clients and peers while there.  Please reach out to Yusuf if you have time to meet up.  Looking forward to another […]