Procedural rules can make or break an appeal. A recent decision from Florida’s Fifth District Court of Appeal, Platt v. Cape Marine Services, Inc., underscores that reality. Our firm, Widerman Malek, successfully defended a trial court’s attorneys’ fee award that the appellant sought to overturn based on missing factual findings. The Fifth DCA’s opinion confirms […]
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 […]
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 […]
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? […]
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 […]
As previously discussed, Mediation is an avenue of possible resolution in a civil case, regardless of the amount in controversy. But what happens if you go to mediation and it doesn’t settle? Can the other side use anything you said in mediation against you in a later proceeding or a trial? Thankfully, the answer is […]
