INTRODUCTION The commercial breach of contract contract defenses to performing a party’s obligations under a contract, of Force Majeure, Impossibility of Performance, Impracticability of Performance, and Frustration of Purpose, are legal defenses that may defeat or mitigate liability in a commercial breach of contract case. The Force Majeure, Impossibility, Impracticability, and Frustration defenses are distinct but also related defenses in that they seek to excuse a party’s obligations under a contract based on a change in circumstances that has impeded that party’s ability to deliver on the ..read more

WILL EXECUTION INTRODUCTION What are the will execution requirements in Florida? To execute a Last Will and Testament in Florida, a Testator is required to follow a specific procedure. If a Testator fails to follow the required formalities, a court may determine that the will is not valid, and a Testator’s probate assets will pass according Florida’s default scheme of distribution. In order for a will to be probated, the statutory requirements for its execution must be strictly followed. These requirements are common law requirements that go back to the enactment of the Statute of Wills in the ..read more

The following are notes and impressions on St. Thomas University School of Law’s recent forum “All-Stars of the Courtroom,” a two-day, event hosted by Jose A. Baez and some of the top advocates in the country, including Benjamin Crump, Joe Tacopina, Arthur Aidala, Ronald Sullivan Jr., and famed journalist Jean Casarez. Topics included Opening Statements (Jose Baez, Esq.), Dealing with Race in Trials (Benjamin Crump, Esq.), Cross Examination (Joe Tacopina, Esq.), Closing Arguments (Ronald Sullivan, Esq.), Pushing Back at the Bench (Ronald Sullivan, Esq.), Having a Case in the Media (Arthur Aid ..read more

INTRODUCTION An eviction is when a landlord forces a tenant to move out. To evict a tenant in Florida, a landlord must follow the procedure governed by Florida's Landlord and Tenant Act. Failure to follow the proper procedure, or filing a suit on improper grounds, could lead to adverse outcomes such as your eviction lawsuit being dismissed. TERMINATING A TENANCY Common grounds to terminate a tenancy are when a tenant fails to pay rent, violates the rental agreement, or violates local, state, or federal law. Other grounds include the absence or expiration of a rental agreement. The following ar ..read more

INTRODUCTION Ejectments and evictions are legal actions for possession of property. In a typical landlord and tenant case there is a landlord and a tenant. In cases, however, where the owner is not the landlord, or the occupant is not a tenant, or both, the correct cause of action may be an ejectment. Ejectments are not landlord and tenant cases; ejectments are property law cases. Evictions and Ejectments are distinct legal actions that implicate different legal issues and elements of law. In the following we will discuss the difference between ejectment and eviction, and the crucial importan ..read more

INTRODUCTION To evict a tenant in Florida, a landlord must follow the procedure governed by Chapter 83 of the Florida Statutes. Failure to follow the proper procedure could, along with other outcomes, lead to an eviction suit being dismissed. Common grounds to terminate a tenancy are when a tenant fails to pay rent, violates the rental agreement, or violates local, state, or federal law. Other grounds include the absence or expiration of a rental agreement. The following are the overarching steps required to evict a tenant in Florida. (1) TENANT NOTICE The first step in the eviction process i ..read more

INTRODUCTION This is an glossary by Bress Law Firm PLLC of Estate Planning terms that are essential to understanding the estate planning process. Many of the terms included contain other terms included in this glossary. Most of these terms are capitalized when used in other entries, indicating that you can cross-reference their meaning from other entries in this glossary. Also keep in mind, some of these terms may have a different meaning outside of the estate planning context. ADMINISTRATOR: The person(s) or entity appointed by a court to carry out the administration of a decedent’s Probate E ..read more

INTRODUCTION At what point can you sue for breach of contract? Or, put legally, at what point would a party to an agreement be entitled to file a lawsuit for breach of contract? The simple answer is when a party to a valid and enforceable contract commits a substantial breach of the contract. This is somewhat circular, but that is in part because a more specific answer, like many legal questions, depends on the facts and circumstances. The following will first cover why should get an agreement in writing and your general options when you are faced with a breach. Then we will focus on the elem ..read more

WHAT ARE THE FIDUCIARY DUTIES OF A TRUSTEE IN FLORIDA? INTRODUCTION Under the Florida Trust Code, Florida Statutes chapter 736, a trustee of a trust is bound by basic fiduciary duties that the trustee owes to a trust’s beneficiaries. A trust is a legal arrangement created to hold property for the benefit of certain entities or persons and is managed by a trustee who holds “legal title” on behalf of the trust. The beneficiaries hold “equitable title,” which means they have the right to the “beneficial enjoyment” of the trust’s property and its fruits. When a trustee accepts serving as a truste ..read more

INTRODUCTION Most lease agreements require a security deposit, usually before the tenant moves in. Some leases also require last month’s rent. A security deposit provides security for the landlord if the tenant breaches the lease agreement. The lease agreement may modify and vary what kinds of damage the landlord can apply against the deposit. This is one reason, among many, that the tenant needs to read the lease carefully. If the specific language of the lease does not clarify all or any questions about what can be claimed against the security deposit, Florida law can provide guidance but ..read more