Category: WM Practice Areas

The attorneys of Widerman Malek have a varied and extensive focus on appellate law. Our appellate experience includes the drafting of appellate briefs and presentation of oral argument in the federal courts, the Florida Supreme Court and the district courts of Florida.

Our attorneys handle appeals involving business and corporate law, and complex litigation cases which include breach of contract, real estate transactions, construction disputes and other property rights cases. In addition, WM also handles family law appeals, including equitable distribution, support and paternity issues, probate and guardianship appeals, as well as personal injury appeals.

WM has experience providing trial support to trial attorneys in complex litigation matters. Preserving the record is of primary importance for success on appeal. The attorneys at WM offer trial support in every area of trial preparation, including the drafting of motions, both pre-trial and post-trial, as well as attending the trial itself. Attorneys nearing trial should consider consulting with an experienced WM appellate attorney to ensure that a potential appeal is addressed in their trial strategy and preparation.

Our attorneys also have a broad range of oral argument experience before the courts of appeal. WM offers oral argument support, affording attorneys an opportunity to prepare their cases for oral argument. We work with trial counsel to present mock oral argument to allow attorneys a meaningful opportunity to prepare and maximize their efforts to protect their clients’ interests.

What’s the Appeal – Do You Need an Appellate Lawyer?

Many contracts require the parties to participate in arbitration when there is a dispute. Arbitration would involve a neutral arbitrator to hear from both parties in a formal setting. The arbitrator would make a decision as to how the dispute is to be resolved. The decision by the arbitrator is binding and would be enforced in court.

If a contract does not require arbitration to resolve disputes, parties involved in a dispute can agree to voluntary, non-binding arbitration under Florida law. The decision by an arbitrator in a non-binding arbitration is not binding. Either party involved in non-binding arbitration may demand a trial. If a party demands a trial and receives a judgment in the suit that is less than the arbitration award, that party can be required to pay the other parties attorney fees and costs.

Widerman Malek, PL’s Attorney Ed Kinberg is a Qualified Arbitrator in the State of Florida who conducts both binding and non-binding arbitrations. Non-binding arbitrations are relatively informal and they can be a cost effective method for resolving a dispute.

Contact a Certified Mediator or Qualified Arbitrator by Clicking Here.

WM Attorneys Who Practice Arbitration

At Widerman Malek, PL, we represent debtors and creditors, giving us the perspective to anticipate and prepare for what’s next. Whether you are a lender or a borrower, we have the experience you need to collect what you are owed — or to stop harassment from abusive creditors. Do you have a judgment you can’t collect on? Accounts receivable gathering dust? Credit card companies hounding you day and night or even your wages being garnished? We can help. In order to provide efficient solutions, we often seek to resolve collection issues outside of the courtroom. Sometimes, however, litigation is your only option. At that crucial moment, we are in your corner and by your side. Without an experienced and knowledgeable attorney, many people can find themselves in the position of paying more than they owe, or receiving less than they are due. Often, we are able to negotiate with lenders and resolve your case for a fraction of the amount owed. We will use all available legal tools to help you collect your debts or defend you from paying more than you owe, including:
  • Perfection of Judgments
  • Demand Letters
  • Post-Judgment Discovery
  • Garnishment of Bank Accounts and Wages
  • Replevins
  • Seizure of Personal Property via Sheriff Levies
  • Repossessions
  • Evictions
  • Assignment of Rents
  • Forfeitures
  • Foreclosures
  Contact an experienced collections attorney at Widerman Malek, PL to schedule a meeting today by Clicking here.

WM Attorneys Who Practice Collections

Widerman Malek,PL is a leader in Florida community association (condominium and home owner’s association) law. We can handle the any of the diverse issues facing your condo or HOA.

More so than other areas of the law, community association law changes frequently — new laws and changes sometimes occur as often as every few months as new bills are passed and courts interpret laws differently.

Services we provide to Community Association clients include the following:

  • Counsel community associations in applying and interpreting the impact of various laws (federal, state, local, and administrative) on the operation of Community Associations.
  • Interpret, amend and enforcement of governing documents – including Declarations of Condominium, Declarations of Covenants, Conditions and Restrictions, Articles of Incorporation, Bylaws of the Association and rules and regulations.
  • Answer everyday questions regarding operational, technical, regulatory, and practical issues.
  • Assist Boards of Directors on fiscal matters, including budgeting, levying special assessments, and establishing reserves.
  • Address maintenance and repair issues.
  • Instruct new Officers on best practices for efficiently and professionally managing meetings.
  • Advise on which projects require Board approval and which require unit owner approval.
  • Draft and review contracts and requests for proposals.
  • Plan and develop contracts for construction projects and advise on compliance with construction lien laws.
  • Collect delinquent assessments, including prosecuting foreclosures and liens against non-paying owners.
  • Counsel owners committees and the Association during the pre-transition and post-transition phases of the Community’s evolution.
  • Review loan documents and structure commercial lines of credit and/or arrange sources of financing for recreation lease purchases, capital improvements, etc.

WM Attorneys Who Practice Condo and HOA

Construction Site

Our team includes a Board Certified Construction Attorney (Edward J. Kinberg)

Widerman Malek, PL’s substantial experience in construction law, including personal experience working for years in the construction and design industry, has given us the opportunity to represent a variety of industry professionals: property owners, developers, construction managers, architects, engineers, general contractors, subcontractors, material suppliers, manufacturers, and government entities. We have also worked to resolve matters with each of these industry professionals, including all levels of government entities, such as water management districts, the Florida Department of Transportation, the Florida Department of Environmental Protection, and many others.

We offer comprehensive legal services which allow us to counsel clients throughout the construction process, from bid selection and contract negotiation to warranty periods and claims resolution. This allows us to help manage risks proactively and after completion of projects.

Widerman Malek, PL’s construction attorneys have handled numerous and varied construction-related cases, many of which have involved extremely complex issues with multiple defendants and a multitude of construction defects. Our construction attorneys represent clients in both transactions and disputes ranging from single and multi-family dwellings to large commercial buildings, planned unit developments, retail, and governmental projects.

The attorneys in our construction law practice have the skill and experience to advise construction professionals on matters including construction contract preparation, bid protests, permitting, management and scheduling disputes, minority or woman-owned business certification issues, lien and bond claims, payment disputes, and breach of contract claims. Although we have significant experience in litigating construction matters from pre-suit demand through trial and the appeals process, we recognize the value of alternative resolution methods such as arbitration and mediation. We also recognize the need for practical answers to technical questions that often arise prior to, during, and after construction projects.

WM Attorneys Who Practice Construction Law