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Widerman Malek Law Blog

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 […]

Claim of Lien: The Association’s Upper Hand, Part 1

By: Eric L. Hostetler, Esq. Whether you are president of your condominium association or homeowner’s association, you are aware of those few owners that are not paying their monthly or yearly assessments. This could be due to any number of reasons, but the effect is not singular. More likely than not, the board will meet […]

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: Strategies for a Successful Settlement

By: Eric L. Hostetler, Esq. Mediation, in most cases, is a required step in the litigation process. Understanding the mediation process is one thing, but being prepared is the goal to a successful resolution for your client. This article will address some strategies for a successful mediation. 1. Know your case This may sound elementary, […]

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? […]

I Have a Judgment and Now I Want to Collect Vol. 4

Your deposition has ended. You have all your documents, including bank statements, pay stubs, deeds to property, titles to vehicles, etc. What do you do with all this information? It depends on the status of your defendant. What I mean by status is you have to determine whether or not your defendant qualifies as “head […]

I Have a Judgment and Now I Want to Collect Vol. 3

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 […]

I Have a Judgment and Now I Want to Collect Vol. 2

As discussed by on my June 6, 2013 blog, there are certain basic tools that you can utilize to try to collect on your judgment. In most cases, when I reference a judgment in this blog and any follow up blogs, I am simply referring to a money judgment.  There are other types of judgments […]

I Have a Judgment and Now I Want to Collect. Vol. 1

A dispute arises. You make the decision to take the party you believe to be at fault to court. You file the lawsuit, go through the process and either by default, summary judgment or a final judgment after a trial, the judge awards you a money judgment for your damages and costs. Your feeling really […]

Can Information from Mediation be brought up during a case?

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 […]

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