Blog Posts in 2021
Posted on Oct 28, 2021 By William G. Morris CMS
The rule of caveat emptor (let the buyer beware) applied to residential real estate sales in Florida until the Florida Supreme Court decided Johnson v. Davis in 1985. In that case, the Davises bought ...
Continue reading "BUYER INSPECTION RIGHTS ARE GOVERNED BY CONTRACT" »
Posted on Oct 28, 2021 By William G. Morris CMS
Those living in a condominium often differ about how the condominium should look. Owners and their Board of Directors often disagree. Because the purchaser of a condominium often buys because of its ...
Continue reading "CONDOMINIUM MATERIAL ALTERATION ISSUES CAN BE COMPLICATED" »
Posted on Aug 17, 2021 By William G. Morris CMS
The holiday season brings with it the joy of giving and receiving gifts. But, gifting at any time can be accompanied by unexpected consequences. Bah humbug you say? Scrooge? Not really, but it might ...
Continue reading "GIFTS - IT'S COMPLICATED" »
Posted on Aug 17, 2021 By William G. Morris CMS
The common law doctrine of dangerous instrumentality makes the owner of a dangerous instrumentality liable for injury resulting from someone else using the dangerous instrumentality. A dangerous ...
Continue reading "LIABILITY COMES WITH LOANING YOUR CAR" »
Posted on Aug 6, 2021 By William G. Morris CMS
Clients are often disappointed to find out attorney's fees are not part of every judgment. Most think it is only fair that because they have been wronged, one way or another, the wrongdoer should ...
Continue reading "ATTORNEY FEES NOT ALWAYS AWARDED" »
Posted on Aug 6, 2021 By William G. Morris CMS
Florida's Motor Vehicle Repair Act was first adopted in 1980 as the legislature's effort to protect Floridians from surprise auto repair bills. The Act applies to all motor vehicle repair ...
Continue reading "LEGISLATURE PROVIDES AUTO REPAIR PROTECTION" »
Posted on Jul 29, 2021 By William G. Morris CMS
Bought a new car recently? A house? Applied for a loan? New software? Use the internet? All of these involve contracts and most of the contracts are small print and many pages long. Contracts are ...
Continue reading "READ IT (THE CONTRACT) OR WEEP" »
Posted on Jul 27, 2021 By William G. Morris CMS
When someone files a lawsuit, they expect to get paid after they win. Many think getting a judgment equates to payment and are shocked to find judgment only opens the door to collection. Payment of ...
Continue reading "PAYMENT OF A JUDGMENT IS NOT AUTOMATIC" »
Posted on Jul 27, 2021 By William G. Morris CMS
Contracts are important. We deal with contracts in virtually all aspects of our life. For "big" deals, most people rely on a written contract. Handshake or oral agreement is often used in ...
Continue reading "WHAT DO YOU GET FOR BREACH OF CONTRACT?" »
Posted on Jul 12, 2021 By William G. Morris CMS
Everyone understands sale price in a real estate contract. Most people remember they signed an agreement to pay a sales commission. But unless you read the contract, you might not know there are other ...
Continue reading "COSTS ADD UP IN A REAL ESTATE SALE" »
Posted on Jul 12, 2021 By William G. Morris CMS
A condominium association's right to approve sales or leases is almost mythical. Most people believe associations have an inherent right to approve sales or leases, but that is not the case. ...
Continue reading "CONDOMINIUMS RIGHTS TO APPROVE TRANSFERS" »
Posted on Jun 29, 2021 By William G. Morris CMS
Divorce is a traumatic experience for most and may impact children more than others. Florida courts have struggled with child issues in divorce cases. Judges have always been concerned with the best ...
Continue reading "PARENTING PLANS ARE FLORIDA'S ANSWER TO CHILD CUSTODY IN DIVORCE" »
Posted on Jun 29, 2021 By William G. Morris CMS
Most people have heard about probate, but many do not understand what it is. In simplest terms, probate is the process by which assets and debts of the decedent are distributed and paid. A Will does ...
Continue reading "PROBATE EXPLAINED" »
Posted on Jun 28, 2021 By William G. Morris CMS
Florida consumers have a choice when closing a real estate purchase that is not available in all states. A buyer can choose an attorney for representation and issuance of title insurance or a title ...
Continue reading "TITLE COMPANY OR ATTORNEY FOR CLOSING" »
Posted on Jun 28, 2021 By William G. Morris CMS
Lawsuits can be complicated and lawyers are expensive. A typical lawsuit in Florida takes more than 12 months to complete and cases often take years. Lawsuits generally have 5 stages: investigation, ...
Continue reading "SMALL CLAIMS IS THE PEOPLE'S COURT" »
Posted on Jun 16, 2021 By William G. Morris CMS
The COVID-19 pandemic affects us all. The Governor's Safer at Home Executive Order and business shut down has certainly changed our lives. Many businesses are closed. Others, such as restaurants, ...
Continue reading "ADDRESSING LEGAL MATTERS WHILE SAFER AT HOME" »
Posted on Jun 16, 2021 By William G. Morris CMS
Stay-at-home orders, furloughs, business closings and medical issues are all part of the COVID-19 pandemic. For many, economic hardship is real. For others, perceived economic hardship is an ...
Continue reading "COVID-19 MAY NOT EXCUSE BREACH OF CONTRACT" »
Posted on Mar 1, 2021 By William G. Morris CMS
When most people think of estate planning, they think about giving their assets away after death. But, estate planning should involve so much more. An attorney discussing estate planning with his or ...
Continue reading "ESTATE PLANNING PROVIDES LIFETIME PROTECTIONS" »
Posted on Feb 17, 2021 By William G. Morris CMS
Estate planning is something many put off for years and in some cases their entire life. Thinking of one's mortality is not necessarily appealing, and taking time with an attorney to prepare ...
Continue reading "ESTATE PLANNING TO AVOID PROBATE REQUIRES THOUGHT" »
Posted on Jan 28, 2021 By William G. Morris CMS
Most people know that Florida provides special tax treatment for homestead property. A more important benefit may be Florida's Constitution protection from creditor claims. Article X, Subsection 4 ...
Continue reading "FLORIDA HOMESTEAD IS PROTECTED FROM CREDITORS" »