South Florida Commercial Property Leasing Update
The South Florida Business Journal reported that over 3.6 million square feet of leases in South Florida commercial properties are set to expire over the next 12 months. Included in the 3.6 million square feet is 1.91 million for retail, 1.15 million for office, and 484,225 for industrial. South Florida is home to approximately 40% […]
Wells Fargo Sought to Vacate a Judgment in Their Favor
Wells Fargo Bank, N.A. v. Giglio, No. 4D12-418 (Fla. 4th DCA 2013): Wells Fargo sought reversal of the trial court’s order denying its requests to: (1) approve a dismissal of the case; (2) set aside the previously entered final judgment; (3) cancel the notice of lis pendens; and (4) direct the clerk to return the […]
Involve Real Estate Attorneys for Successful Construction Projects
Disputes often arise over the course of a large construction project. Fortunately, luxury real estate attorneys know how to minimize risk and the likelihood of disputes. Involving attorneys can be the key to a successful project. A large construction project will involve several contracts and must take into account both state and federal laws. Disputes […]
Trial Court Order Threatened Defendant’s Interest in the Confidentiality of Business Documents
Rocket Group, LLC v. Jatib, 4D13-134 (Fla. 4th DCA May 29, 2013): Jatib (“Plaintiff”) sued Rocket Group (“Defendant”) for breach of the company’s operating agreement and dissolution of the company based on deadlock. Plaintiff and another individual founded Rocket Group, but disputes between them led to a deadlock in management. Plaintiff requested the production of […]
The Basics of Option Contracts
An option contract is an agreement to keep open an offer to sell or lease real property for a fixed period of time. The optionor grants a prospective buyer (“optionee”) the exclusive right to buy or lease a property within a fixed period for a specified price and terms. The optionee is protected from the […]
What Are Essential Provisions Relating To Commercial Leases?
When signing a commercial lease, it is essential to understand and agree to all of the provisions. Provisions are usually designed to favor the landlord; however, a landlord may be willing to negotiate. Experienced luxury real estate attorneys should be consulted before entering a commercial lease. Here are a few essential provisions that should be […]
The Fourth District Court of Appeal Grants Petition Regarding the Waiver of Privilege Objections
DLJ Mortgage Capital, Inc. v. Fox, 4D12-2264 (Fla. 4th DCA 2013): This petition arose from a residential mortgage foreclosure action. DLJ sought review of an order finding that it waived the right to raise work product and attorney client privilege objections to a discovery request because it failed to file a privilege log. DLJ made […]
What is a “Time is of the Essence” Clause
When a “time is of the essence” clause is contained in a real estate contract, the parties are required to perform certain obligations within a specified time. If a party’s obligation is not performed within the essential time, the non-performing party has defaulted. By defaulting, the other party is provided the opportunity to cancel the […]
The Fourth District Court of Appeal Reversed an Order of Dismissal for Fraud on the Court
Herman v. Intracoastal Cardiology Center, 4D11-1214 (Fla. 4th DCA 2013): Mr. Herman appealed a final order dismissing his wrongful death medical malpractice lawsuit for fraud on the court. The lawsuit started when Mrs. Herman filed a medical malpractice lawsuit against her cardiologist. After her death, Mr. Herman was appointed as a personal representative of her […]
The Fourth District Court of Appeal Affirmed an Order Denying Motion to Stay and Compel Arbitration
Marcus v. Florida Bagels, LLC, 4D12-2971 (Fla. 4th DCA 2013): This is a case where a non-party to an arbitration agreement, also known as a non-signatory, seeks to compel a party to an agreement to arbitrate. An obligation to arbitrate is based on consent, and for this reason a non-signatory to a contract containing an […]
