When it comes to contracts, there may be a clause that provides that untimely payments shall bear interest at a particular rate.  Or it may be the statutory rate.  That clause will come into play when determining prejudgment interest. In ANY dispute, prejudgment interest can be...

Waiver and estoppel do not create insurance coverage where coverage does not exist. In other words, raising that an insurer waived or should be estopped from arguing a coverage exclusion does not create insurance coverage because coverage never existed. (Notably, this is different from a forfeiture argument which...

Foreclosure actions are equity actions. See Verzura Construction, Inc. v. Hotel La Petitite Muse, LLC, 50 Fla.L.Weekly D2500a (Fla. 3d DCA 2025).  Can a sale price at a foreclosure auction sale be set aside because the foreclosed party believes the sale price is grossly inadequate? A...

A driving issue in a recent dispute was whether a binding contract existed simply through the selection of a proposal in response to a solicitation. Or, was there nothing more than an "agreement to agree," which does not create a binding contract. There is an important distinction between...