As reviewing courts, Florida’s District Courts of Appeal serve as vital pillars of Florida’s judicial system, playing a crucial role in ensuring justice is served efficiently and effectively. History of Florida’s District Courts of Appeal Florida guarantees litigants the right to review decisions made by the trial court, or lower tribunal, to determine if a […]
Widerman Malek Law Blog
The Basics of Estate Planning
Estate planning documents are tools created to allow individuals a sense of security and protection for their wellbeing during their lifetime and for their assets once they pass away. The five main documents that serve as a fundamental foundation to any estate plan include: Last Will and Testament, Durable Power of Attorney, Health Care Surrogate, […]
Appellate Team Victory: Fifth District Court Upholds Summary Judgment in High-Stakes Bank Account Dispute
The appellate team of Tiffany Ann Jones, John M. Frazier, Jr., and Eric Hostetler secured a per curiam affirmation at the Fifth District Court of Appeals on an appeal of a Final Summary Judgment. This case involved a dispute between an estate and an heir over a bank account with rights of survivorship. The estate […]
The Corporate Transparency Act Goes Into Effect 01/01/2024 – Here’s How It Impacts Your Business and What You Need to Know
Please Note- UPDATE: Despite prior reports that the Corporate Transparency Act is no longer enforceable, the Act remains in effect except with respect to companies that are members of the National Small Business Administration (NSBA), a private small business advocacy organization based in Washington, DC. The court’s ruling that the Act is unconstitutional is only […]
A Comprehensive Guide to Navigating Seller’s Disclosure Issues
In real estate transactions, seller’s disclosures play a pivotal role in ensuring transparency and fairness between buyers and sellers. These documents serve as a vital source of information, detailing the condition of the property and any potential issues that might affect property value. However, understanding the necessary seller’s disclosures can be complicated, and both sellers […]
Validity of a Springing Power of Attorney in Florida
A Springing Power of Attorney is a specific type of power of attorney that is activated only upon the incapacity of the principal party. Upon the principal party’s determination of incapacity by a physician or a Court Order, the agent designated in the Springing Power of Attorney is then able to secure and manage the […]
Florida is the Top Place for Military Retirees
Wallethub recently performed an analysis based upon several criteria and determined that Florida is the top place for military retirees. This may shock some (ok, probably not), but for those who are the born and raised type of Floridian, this really isn’t a surprise. How could it be? Beaches, warm weather, no state income tax, […]
Mason Williams Recognized as 2024 Best Lawyers: Ones to Watch
Congratulations to J. Mason Williams IV for his recognition in the 2024 Best Lawyers: Ones to Watch in America. He’s been highlighted for his work in: Commercial Litigation Litigation – Construction Litigation – Trusts and Estates Lawyers recognized in Best Lawyers: Ones to Watch in America are divided by geographic region and practice areas, and […]
Changes to Florida’s Defect Statute of Limitations and Statute of Repose
Earlier this year, there was a significant change to Florida’s construction laws that may have a bigger impact on property owners than initially anticipated. The statute of repose, which was previously set at 10 years, has now been reduced to 7 years with the passing of Senate Bill 360. The statute of limitations, along with […]
Understanding Specific Performance of a Real Estate Contract in Florida
When it comes to real estate transactions, it’s common for parties to enter into contracts that outline the terms and conditions of the sale. While these contracts are typically binding and enforceable, there may be situations where one party fails to fulfill their obligations under the contract. In these cases, the non-breaching party may seek […]
