As of September 2017, Laser Spine Institute of Tampa has 27 recorded instances of malpractice according to the Florida Office of Insurance Regulation. Although some of the instances resulted in no payout to the Plaintiff, others resulted in significant payouts from thousands of dollars up to 5 million dollars. ...
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In Lefemine, the Supreme Court established a test to determine when a liquidated damages provision will be enforceable, and when it will be unenforceable as a penalty clause. ...
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Published: February, 2011 The Florida Supreme Court recently ruled that a liquidated damages provision similar to that found in the Florida Bar/Florida Association of Realtors Real Estate Contract (the “FAR/BAR Contract”) is unenforceable. The Court in Lefemine v. Baron, held that a liquidated damages clause will not be enforceable if the contract also gives the non-defaulting party the right to bring an action at law for accrual damages. The Court reasoned that providing for an option to seek accrual damages means that “the parties did not have the mutual intention to stimulate to a fixed amount as their liquidated damages in the...
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Deciding how to handle a family business in a divorce can be a difficult issue. Many factors go into valuing a business and deciding how it should be equitably distributed....
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Businesses have many different variables: They vary by size, locations, number of employees, types of business, products or services, kinds of products or services, expansion goals, the nature of the shareholders involved, the type of entity, and many other factors....
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We all work very hard for our money and want to be able to hold on to as much of it as possible. The reason most of us work is to be able to take money out of our business and put it into our pocket. Getting involved with the courts is generally expensive. Business people generally find themselves in court either because they are seeking to recover money or damages from a person or entity that has not paid them or has breached a contract or an agreement or has committed some other legal wrong. Or a businessperson can...
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