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Homebuilders and Contractors Beware

Published: May 3rd, 2017

By: Michael J. Furbush Thomas P. Wert

Construction Defect Claims May Be Filed More Than Ten Years After Construction is Complete A statute of repose sets a firm deadline by which a lawsuit may be filed after the occurrence of a particular event. Once the statute expires, a prospective defendant is no longer exposed to legal action. Florida has a ten-year statute […]

Florida Brush Fires Allow Land Development Permit Extensions

Published: April 18th, 2017

By: W. Lee Dobbins

On April 11, 2017, Governor Scott issued Executive Order No. 17-120 declaring a State of Emergency for the entire State of Florida due to extensive brush fires caused by drought conditions. The emergency declaration is for 60 days. Florida Statute 252.363 allows for the extension of the termination dates of certain land development approvals for […]

The Florida Commercial Rent Tax: Four Traps for the Unwary

Published: March 28th, 2017

By: Robert S. Goldman

As the only American state with a sales tax on commercial rentals, Florida has a history of presenting businesses with unwelcome surprises in the form of audit assessments. What follows below is a summary of the top four misunderstandings that create taxpayer exposure. Tax base is broader than just “rent.” The measure of tax is […]

Mark Leavitt Quoted in Florida Today on Eminent Domain

Published: February 14th, 2017

By: Mark R. Leavitt

Dean Mead litigation attorney, Mark R. Leavitt, is quoted in the article titled, Is a Slice of Jetty Park up for Grabs to Developers?, published in the online edition of Florida Today, February 3, 2017. Read the article here: Is a Slice of Jetty Park up for Grabs to Developers?

When Do Disclaimer Clauses Bar Fraud Claims?

Published: February 14th, 2017

By: Darryl M. Bloodworth

When Do Disclaimer Clauses Bar Fraud Claims: Billington v. Ginn-La Pine Island, Ltd., 192 So.3d 77 (Fla. 5th DCA 2016) Background of Case The Plaintiff was an investor from the UK who had invested in Bobby Ginn developments previously. In the 2004-06 time frame, he bought two lots in Bella Collina, a high end development in Lake […]

Junior Lienholders and Banks Need to Take Care to Timely File Claims For Surplus Funds

Published: February 6th, 2017

By: Joel C. Zwemer

Because real estate values are rising again in Florida, it is becoming more common for there to be third party purchasers at foreclosure sales who pay more than the amount of the foreclosure judgment in order to obtain title to the property being sold. The balance of the purchase funds, after payment of the clerk’s […]

High Flying Farmers Prevail Against County on Alleged Zoning Code Violation

Published: January 31st, 2017

By: Joel C. Zwemer

Farmers, Mr. and Mrs. Nipper (the “Nippers”), successfully appealed a judgment enjoining them from operating a sky diving business on their farm in Walton County. The Nippers owned and operated a 290 acre farm and twice sought permission from the Walton County Planning Department to supplement their income by operating a sky diving operation on […]

HOA Blog Series Part IV: Why Are HOA Fees Important?

Published: January 25th, 2017

By: Brian M. Stephens Peter M. Dunbar

FAQs on HOA Fees In Part 3 of this series, we discussed the HOA rules – where they come from and what happens when homeowners don’t obey the rules. If polled, more likely than not, few homeowners could recite a majority of their HOA’s rules. One rule, however, would likely be recognized by all. That […]