UNPREDICTABLE OPINION REGARDING CONSTRUCTION LIEN (REINSTATEMENT??)
Here comes the discussion of an appeal I was intimately involved in dealing with a construction lien. See Suntech Plumbing and Mechanical Corp. v. Bella Isla, LLC, 2022 WL 14672765 (Fla. 3d DCA 2022). Unfortunately, it was a losing result on my end but not a losing result...
PARTY CANNOT SKIRT OUT OF THE VERY FRAUD IT PERPETRATES
An interesting case came out of Florida’s Fourth District Court of Appeal that touches upon two important points.
First, the independent tort doctrine does not apply when there is not a contract between the parties.
Second, an officer cannot escape fraud simply by claiming his or her actions...
RECORDING A LIS PENDENS IS CRUCIAL
If you are in a construction dispute where you are pursuing a construction lien foreclosure action, recording a lis pendens is crucial. Did I say crucial? “ne purpose of a notice of lis pendens is to alert all others that title to the property...
UNDERSTANDING LIABILITY INSURER’S TWO DUTIES: TO DEFEND AND TO INDEMNIFY
A liability insurer has two duties that are the crux of a liability policy: the duty to defend the insured in legal actions and the duty to indemnify the insured from losses covered under the policy. Many times, policyholders (insureds) do not fully understand or appreciate these two important...
“GENUINE” ISSUE OF “MATERIAL” FACT AND SUMMARY JUDGMENTS
This is short article on summary judgments. A motion for summary judgment, as you may already know, is a procedural vehicle to try to dispose of issues or claims in a lawsuit, either partially or fully. The objective is that the moving party claims that there is no genuine issue...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com