By: J. Mason Williams IV It can be difficult to determine what type of monetary damages, if any, a party is entitled to in a breach of contract case. Even if you determine the type of damages, it can be even more difficult to prove the amount as evidenced in a recent case in Hillsborough […]
Widerman Malek Law Blog
They breached the contract so what kind of damages can I get? How about lost profits or loss-of-use?
Will a Tenant get their security deposit?
By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back. Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back. Why not and what can I do? Well, first you have to review your […]
Do you always have to pay rent?
The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited. In short, generally you need to pay your rent. You might win a case and get that rent returned or get something fixed, but […]
Can I disinherit someone?
In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly. There’s a catch or two though. You can disinherit anyone to a certain degree. The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]
What are the odds a case is going to trial?
Before starting my legal career, I often wondered how many civil cases actually go to trial. I knew the number was small, but how many actually end up in trial. Why is the number so small? Is it just costs? For the ones that do make it to trial, are they mostly bench trials (decided […]
What does it take to create a trust?
A trust is an animal with several different heads. In order to create a non-charitable trust, you need several different parts. Section 736.0402, Florida Statutes, lays out the requirements for creating a trust in Florida. Non-charitable trusts require: (1) a settlor with capacity, (2) intent to create a trust, (3) a definite beneficiary, (4) duties […]
Substantial Completion: When exactly does it occur?
Substantial Completion When an owner decides to build something, he or she usually decides that he or she wants it completely finished, okay the owner always wants it completely finished. But is the owner guaranteed that? Probably not. Now does that mean a contractor can walk away from a job after placing the concrete building […]
Admissibility of Business Records
By: J. Mason Williams IV Most law students and attorneys seem to either have little or no problem with evidence or they absolutely hate it, most probably fall in the latter group. If I have a document that I want to use as evidence, why can’t I? Evidence rules often seem tedious and unnecessary, but nonetheless, […]
What do you do after losing at trial?
By: J. Mason Williams IV I lost my civil case, now what? You decided to give it a go pro se, i.e. by yourself, but it didn’t work and now you have a final judgment against you. So what do you do? Well, under typical circumstances there are several possibilities in Florida. First, get in touch […]
