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Marco Island Law Blog

ATTORNEY FEES AND THE AMERICAN RULE

Many people think if they file a lawsuit they will win and get their attorney fees paid to boot. Some of those people are wrong about winning. More are wrong about getting their attorney's fees ...
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LIABILITY FOR ANIMALS CAN DEPEND ON THE ANIMAL

People in Florida have a wide variety of animals. Many are pets. Some are work animals. Some are wild animals and we even have emotional support animals. What kind of animal can be kept on one's ...
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TRUSTS CAN BE CONFUSING-TRUST ME

Trusts have been around for centuries. Despite that long heritage, few people really understand trusts. There is not simply one type or form of trust. The same type of trust can even be referenced by ...
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COURTS ORDER LITIGANTS TO TRY AND SETTLE

Florida courts are historically underfunded. There are not enough judges to take care of the large volume of criminal and civil cases filed in Florida each year. The judiciary tries mightily to ...
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DEEDS CONVEY REAL PROPERTY

Transfers of real property have been made for eons. It is possible even our caveman ancestors staked out claims to land. Modern ownership of real property is conveyed by a deed. Over the years, ...
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BUILDING PERMITS MUST BE CLOSED

As government expands its reach, building permits have been one focus for that expansion. With the professed goal of protecting its citizenry, local governments have expanded the requirements to ...
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NOT EVERYONE HAS TO PAY CONDO ASSESSMENTS

Florida's legislature has made many efforts over the years to help condominiums collect assessments while not scaring off lenders. Lenders do not want to make loans secured by property that could ...
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MOTOR VEHICLE REPAIRS REQUIRE WRITTEN ESTIMATES

Getting a car repaired can be one of the most frustrating experiences in life. Even though most repair shops do a good job and treat customers fairly, repairs can be more expensive than planned and ...
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JUDGE MUST EQUITABLY DIVIDE MARITAL ASSETS IN DIVORCE

Florida has no fault divorce. That means, if one of the parties says the marriage is over….it is over. Filing for a Florida divorce is relatively simple. One spouse must be a resident of ...
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CONDO PURCHASER INVESTIGATION

A lot of people moving to Florida start their new home search with condominiums. What could be better? Somebody else mows the lawn, cleans the pool and even maintains the building, There is an element ...
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FLORIDA IS A DEBTORS HAVEN

Florida takes a lot of pride in its balanced budget. Part of the effort to maintain a balanced budget is public policy protecting homes and families. Through both its Constitution and statutes, ...
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CLOSING COSTS

Sale price of real estate is not the only expense in a sale. There are a lot of expenses associated with buying or selling real estate and they can add up. Residential buyers and sellers are often ...
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A STATUTE OF FRAUDS

Justice in Old England was not even-handed. Accounts from the 1600s show the court system suffered from an absence of truthfulness. Whoever could tell the best story was the winner. The problem was ...
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100 Giving $100

100 Giving $100 WE ARE $10,000 SHORT. To package 250,000 meals, we need to raise $50,000. It looks like we will be $10,000 short this year. To some, that may not seem like a big deal because we can ...
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DANGEROUS INSTRUMENTALITY CAN MEAN OWNER LIABILITY

It should not be surprising that certain items are considered dangerous. A dangerous instrumentality is an item which is either inherently dangerous or poses significant risk of damage if used ...
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SOME CONTRACT DEADLINES ARE FLEXIBLE

Some people believe that all provisions in a contract must be strictly performed. Others have a laissez faire attitude. Both can be right, depending on contract language and circumstances. Real estate ...
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CAN I FLY MY FLAG?

Over the years, condominium, cooperative and homeowners associations frequently battled with homeowners over the display of flags. Some battles included giant flag poles and giant flags. Others, were ...
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VISITOR CAN BE TRESPASSER, LICENSEE OR INVITEE

People seem to get hurt everywhere. Tripping, falling into holes, falling down stairs or something more painful. In many cases, the injured person's first thought is who can I sue? The property ...
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ESTATE PLANNING MISTAKES TO AVOID

The internet is awash with help for the do it yourself estate planner. It is also full of tips for the do it yourself auto mechanic, home electrician or plumber. If you like, there are even kits and ...
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FLORIDA'S LEMON LAW

A car with many problems is often referred to as a lemon. In an effort to assist the unlucky purchasers of new cars with problems, and turn lemon into lemonade, Florida's legislature enacted the ...
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NEGLIGENCE CAN EQUAL LIABILITY

As the shackles on lawyer advertising are removed, it seems like lawyers are frequently advertising for injured people to hire their services. They do not want everyone who is injured. They only want ...
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LEGISLATIVE PROTECTION FOR CONDO AND HOA BUYERS

Buying a home or investment property is not without risk. Buyers should be working with experienced attorneys, Realtors and other professionals to avoid anticipated problems. But, buyers often move ...
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SIDEWALK TRIPS AND LIABILITY

Sidewalk cracks are all too common. Everyone has seen them. Some have tripped over them and been seriously injured. When that happens, the question becomes who is liable for those injuries? Liability ...
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ALIMONY DIFFERENT WAYS

Alimony has a long history. Its genesis can be traced as far back as the Babylonian Code of Hammurabi almost 4,000 years ago. Its origin was intended to take care of the former wife, since women had ...
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ALTERNATIVES TO LAWSUITS

Lawsuits are expensive. Even in smaller cases, the parties can pay tens of thousands of dollars in attorney's fees. Attorney's fees exceed the amount in dispute in many cases. Unless the ...
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