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Widerman Malek Law Blog

Widerman Malek Appeals Team Secures Reversal and Remand of Dismissal

The appellate team of Scott Widerman, Eric Hostetler and Tiffany Ann Jones secured a reversal and remand at the Fifth District Court of Appeals on a case they have been litigating since 2017. The case involves a dispute over the ownership of church property after a schism developed within the membership of the church, with […]

Widerman Malek Obtains Plaintiff’s Jury Verdict, Secures $200,000.00 Settlement

The trial team of Scott Widerman and Eric Hostetler obtained a Plaintiff’s jury verdict in Indian River County over a two-day period in late December 2022. The lawsuit began in 2018 when an auger pilling machine overturned on a property in The Fingers in Vero, Florida after part of the machine sunk into an unabandoned […]

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 […]

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. 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 […]

I Have a Judgment and Now I Want to Collect Vol. 2

As discussed by on my June 6, 2013 blog, there are certain basic tools that you can utilize to try to collect on your judgment. In most cases, when I reference a judgment in this blog and any follow up blogs, I am simply referring to a money judgment.  There are other types of judgments […]

I Have Been Served With a Complaint, Now What?

You may or may not know it is coming. There has been a dispute on-going for a while, unfortunately you and your adversary are miles apart in reaching an agreement. Threats of legal action have been made, but nothing has materialized. Until you get that knock at your door and someone says, “Are you Mr. […]

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