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Perry Law News and Features
The M.D. Fla. recently issued an opinion on insurance exclusion for damage to vacant property during remodel (Jarvis v. GeoVera 2017 WL 2869706). In the case Jarvis owned property which was vacant while renovations were being effected. During this period vandals intentionally set fire to the property.
GeoVera denied coverage under a homeowners insurance policy because the property was vacant for more than 30 consecutive days before the loss. In response Jarvis argued there’s an exception to the exclusion if the property is being still constructed. The Court held the plain and ordinary meaning of phrase contemplated bringing a dwelling into existence from the ground up (and therefore not renovations, repairs or refurbishments to an already existing dwelling).
Congratulations to Daniel Etlinger for becoming AV Rated with Martindale. You can check out his profile at https://www.martindale.com/safety-harbor/florida/daniel-etlinger-46213597-a/.
Beginning 1/1/2018 there will be new rules in effect for partnership taxation; and, LLCs taxed as partnerships. Companies should make sure their organizational documents as well as their general practices will adapt now before its too late.
The 3rd DCA recently found that President Trump’s golf club in Doral, Florida could not escape a construction lien and related attorneys’ fees for unpaid materials.
In Romagnoli v. SR Acquisitions the 3rd DCA recently held that guarantors who were not named in the previous foreclosure action were not estopped (or prevented) from raising defenses in the subsequent action on their guaranties.
Florida has introduced the Protect Florida Small Business Act for consideration which would add greater protection for franchisees.
Updating an earlier post, the Florida 4th DCA has now held that those liens between the final judgment of foreclosure and the sale date are in fact discharged by the sale.
Uber pushed to have a driver’s proposed class action as to employees v. independent contractors go through arbitration per the terms of its contract with drivers.
Florida’s 5th DCA recently held (in 2016 WL 7405629) that a trial court “has discretion to find a different value than that provided by either expert, if the trial court provides an articulable, factual basis for doing so that is supported by competent substantial evidence contained in the record.”