Category: Landlord-Tenant Subject: Rescission of a Lease Agreement By: Marty Can a tenant assert that a commercial lease agreement is void and subject to rescission when the tenant later discovers that a zoning ordinance precludes the tenant’s business on the premises but the tenant continues to occupy the premises anyway without payment of rent? No. […]
Read More »Category: Nondisclosure Agreement Subject: Business Owners By: Genny A. Castellanos, De Novo Review Nondisclosure Agreement “Confidentiality Agreement” A nondisclosure agreement is essentially a confidentiality agreement. It is used to protect a business’ trade secrets and proprietary information. Trade secrets are confidential information that has value and that the business would like to maintain private. Examples […]
Read More »Category: Loans Subject: Guarantors By: Erin, Senior Attorney, De Novo Review If a borrower defaults on a loan, and a demand letter is served on a guarantor to the loan, can the guarantor raise the same defenses as the borrower? Yes. See Scarborough Assocs. v. Fin. Fed. Sav & Loan Ass’n of Dade Cnty., 647 […]
Read More »By: Erin, Senior Attorney, De Novo Review Are there consequences when mothers fail to encourage time sharing between father and child when time sharing has been ordered? Absolutely. In Ginnell v. Pacetti, 31 So. 3d 217, 218-19 (Fla. 4th DCA 2010), the appellate court affirmed the trial court’s decision to modify time sharing in favor […]
Read More »Category: Family Law Appeals Blog Subject: Standard of Living and Relationship to Alimony Award By: Erin, Senior Attorney, De Novo Review Is the marital standard of living still a driving force in determining whether to award alimony? It appears not. Recent Florida case law indicates the standard of living factor, recited in Section 61.08(2)(a), Florida […]
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