Widerman Malek Law Blog

What you need to know prior to a Rezoning, Variance or other local government public hearing

In Florida, there are two types of hearings that a local government can have. Both of those decisions carry different standards of review and different methods of conducting these hearings. These hearing types are legislative and quasi judicial. It is important to note that the form of the local governmental decision does not control whether […]

Widerman Malek Obtains Victory at Trial

On November 2nd, 2018, Widerman Malek obtained an order granting its client’s motion for involuntary dismissal with prejudice.  This remedy is granted less than 0.1% of the time state-wide at the county level. This was a matter in which our client would have lost his business, and likely ended in financial ruin to himself and […]

Appraisal Contingencies – What Home Buyers Should Know

Purchasing a new home can be both an exciting and stressful proposition. It likely involves traveling around to numerous homes and touring them with your realtor (if you have one) and trying to decide the best location for yourself and/or your family. When you’ve finally decided on the home, that is where the real work […]

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 […]

Construction Liens, Landlords, and Tenants

Construction Liens, Landlords, and Tenants

A landlord can be liable for a construction lien (or mechanics’ liens) if the landlord fails to take proper precautions or fails to timely respond to a contractor or other lienor. An “owner” must sign the notice of commencement for construction or improvements to begin on a premises.

What Happens in Mediation?

As discussed in my previous blog, mediation is a process where both parties come together in front of a neutral third person, either a private mediator or a Supreme Court approved court mediator, and try to resolve their case and reach a fair result. But what exactly happens in mediation? Whether you are participating in […]

Business & Asset Protection

Customizing Your Documents After your business entities are in place, or your business foundation is laid, your lawyer can begin drafting numerous customized legal documents, such as the entities’ bylaws, operating agreements, or other types of documents that govern both the interactions and operations of the properly selected and formed entities to best meet your […]

Asset Protections – Raising The Bar

Protections Beyond Delaware & Nevada All too often the run-of-the-mill advisor or advisor lacking updated information (again, even lawyers) will simply organize your one or two LLCs in Delaware or Nevada without conducting any legal research on what states may currently offer more protection and less stigma. For instance it is possible, while still staying […]

Medical Practice Asset Protection – Waving the Magical Wand vs. Designing Strong Obstacles Part II

Strangling The LLC’s Sole Managing Member  So every doctor, lawyer, and other professional with two diplomas to rub together knows the LLC (Limited Liability Company) can offer some form of protection; however, not every professional knows that many courts feel very comfortable with financially strangling the sole managing member of a single member LLC. Most […]

Medical Practice Asset Protection – Waving the Magical Wand vs. Designing Strong Obstacles Part I

Quite often professionals think of the phrase “Asset Protection” as a guaranteed, magical, infallible means of protection. Medical practice asset protection is really about maximizing litigation deterrence, optimal obstacle design work, and leveraging your power in the settlement process, as opposed to magically creating supernatural shields. The more well thought out, properly created obstacles or […]

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