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Widerman Malek Law Blog

What Businesses Need to Consider About COVID-19 Interruption Claims

As Florida continues to re-open, the effects on small business over the last few months are still being felt. While the mantras “eat local” and “spend local” are being advertised by many, and indeed will help, most businesses large and small need assistance now. Businesses, secondary to any funding provided by the U.S. government, are […]

Title III American with Disabilities Act “Tester” Lawsuits

There is a problem happening throughout Florida which is affecting the rights of small business owners and taking advantage of the Title III American with Disabilities Act (“ADA”). This ongoing issue was prevalent in our recent case of Patricia Kennedy v. Rhoda Solano, et.al.   Our client owns and operates a small restaurant located in Cocoa […]

What Do I Do if My Condo Was Damaged By Hurricane Matthew?

Are you the owner of a condominium that suffered damage from the recent hurricane? It is frustrating when the condominium association points the finger at the insurance company and the insurance company points back at the condominium association. Or maybe they are both pointing the finger at you. Meanwhile, your unit was damaged, it was […]

Claim of Lien: The Association’s Upper Hand, Part 1

By: Eric L. Hostetler, Esq. Whether you are president of your condominium association or homeowner’s association, you are aware of those few owners that are not paying their monthly or yearly assessments. This could be due to any number of reasons, but the effect is not singular. More likely than not, the board will meet […]

The Wild World of Discovery…What Can’t They See?

No matter how hard TV shows try, they are just not the reality they portray. Prime example is law related shows. First you have the crime or the incident and then you are in trial, the most exciting part. But what happens in the middle can be the deciding factor whether your case survives, settles, or […]

Mediation: Strategies for a Successful Settlement

By: Eric L. Hostetler, Esq. Mediation, in most cases, is a required step in the litigation process. Understanding the mediation process is one thing, but being prepared is the goal to a successful resolution for your client. This article will address some strategies for a successful mediation. 1. Know your case This may sound elementary, […]

Mediation: Lights, Camera…Action?

By: Eric L. Hostetler, Esq. Mediation has proven to be a very beneficial procedural tool in my career so far in resolving cases and conflicts. The basis of its effectiveness revolves around three factors: 1) Plaintiff’s counsel; 2) Defense counsel; and 3) the Mediator. Notice that I did not list as one of the factors […]

Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1

I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]

I Have a Judgment and Now I Want to Collect Vol. 4

Your deposition has ended. You have all your documents, including bank statements, pay stubs, deeds to property, titles to vehicles, etc. What do you do with all this information? It depends on the status of your defendant. What I mean by status is you have to determine whether or not your defendant qualifies as “head […]

I Have a Judgment and Now I Want to Collect Vol. 3

If you have reached this stage, either the defendant did not fill out the Financial Information Form pursuant to the Florida Rules of Civil Procedure or the form was not attached to your final judgment. It has been over 30 days since the Judge granted your judgment and you haven’t been paid, no offers have […]

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