Perry Law News and Features

Lis Pendens Termination Date

Posted on August 29th, 2016

Florida’s 4th DCA recently heard a case (2016 WL 4468134) concerning the termination date of a lis pendens.  The court concluded “the list pendens therefore logically must terminate along with the action.  The ‘action’ in this case was the foreclosure action initiated by the non-party bank, which terminated thirty days after the court’s issuance of a final judgment.”  Thus, in foreclosure cases where the sale date is extended out the foreclosing party should be cognizant of any liens and their implications.


Organizational Documents

Posted on June 28th, 2016

Often businesses file articles on SunBiz to legally form the company but stop there.  Perry Law can help with the remaining organizational documents like bylaws, minutes, resolutions, waivers and more.  Please contact us for more information.


Reliance

Posted on May 27th, 2016

The 5th DCA in Billington v. Ginn-La Pine Island (Case No. 5D14-2177) recently certified to the Florida Supreme Court several questions as to reliance and waiver clauses in real estate contracts in the face of fraudulent misrepresentation claims.


Mortgage Cancellation

Posted on April 28th, 2016

Effective July 1, 2016 Florida Statute 701.03 will be revised from giving lenders 60 days to 45 days to satisfy a mortgage.  Note, there is a second provision addressing open-ended mortgages.


ABC Could Not Later File Bankruptcy

Posted on January 6th, 2016

In a recent decision – 2015 WL 9241140 – the 11th Circuit held that after a business  executed an assignment for the benefit of creditors the appointed assignee could not then subsequently file the business into a bankruptcy.  However, the Court did leave the door open that an assignment could potentially expressly confer this power.  The case illustrates the importance in planning the wind down of a company and evaluating all options.