Widerman Malek Law Blog

Statute of Repose Clarification

Contractors and subcontractors should be excited, okay, happy at least, that Florida’s Statute of Repose has been recently amended. WHAT IS THE CHANGE? The major change to Section 95.11, Florida Statutes (2017), is the start of the ten-year statute of repose period. The statute of repose sets the last day by which a suit must […]

Interpleader: Compelling Two Parties to Litigate

Generally, it is understood that one person cannot drag two others into court and force them to fight out an issue.  However, as with most things in the law, there are exceptions to this idea.  The concept of interpleader is that sometimes one party can compel two or more other parties to determine their rights […]

What a Concussion can do for a Criminal Defendant

We’ve all known that playing sports can come with its own set of risks. We’ve seen it on television and we’ve seen it while watching our children play various sports throughout their childhood. And now, the media has the ability to show instant replays over and over again, as we watch a great athlete tear […]

Pregnancy Now Protected Under Civil Rights Act

The Florida Supreme Court has ruled that discrimination against pregnant women is now against the law. In the case of Delay v Continental Group Inc a pregnant female sues her employer claiming she was discriminated against due to being pregnant and that this was a case of discrimination based on sex, a violation of state […]

Florida Unemployment Insurance Claim Requirements Too Tough?

The State of Florida has the toughest requirements for those unemployed to collect benefits they are entitled to in the country according to a complaint filed with the US Dept of Labor. Florida has eliminated applying by phone and also instituted a 45 question on-line exam that must be completed before any checks can be […]

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: 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 […]

Florida’s Public Records Act Vol. 3 – Can an Agency say No?

Can an Agency say No to a Public Records Request?

The short answer is rarely, if ever, can an agency say “no” to a public records request. The only real constraints or limitations that a person should face when asking to inspect or copy public records are guided by Section 119.07(1)(a), Florida Statutes. This statute limits inspection or copying to “any reasonable time, under reasonable conditions, and under supervision.” Otherwise, there should be no denial of a public record to anyone with a few caveats. First and foremost, the request has to be for an actual public record, not just any document. Although there are several points that could be made here, just a few are discussed below.

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? […]

Florida’s Public Records Act Vol. 2 – Who has to abide by the Public Records Act?

Who has to abide by the Public Records Act?

An “agency” is defined fairly clearly by Section 119.011(2), Florida Statutes. Essentially it is any unit of state or local government and any public or private entity, i.e., person, partnership, corporation, etc., acting on behalf of any public agency. Some of the entities included within this definition are pretty obvious, but whether an entity is acting on behalf of the a public agency can be a bit tricky at times.

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