With our communities in the midst of the current COVID-19 pandemic and related business closures, commercial landlords and tenants find themselves in uncertain and difficult times. Although commercial tenancies are not addressed in Governor Desantis’ April 2nd order suspending evictions for the next 45 days, the Florida Supreme Court has halted the issuance of writs of possession through April...
Continue ReadingUnfortunately, our Legislature is considering a constitutional amendment that would shrink the pool of quality judges, reduce diversity on the bench and erode confidence in the court system. HJR 1, which has passed in the House, and SJR 482, pending in the Senate, would impose term limits on Supreme Court Justices and Appellate Court judges and shake the foundation...
Continue ReadingThe COVID-19 pandemic and resulting governmental intervention (such as social distancing mandates and Gov. Desantis’ Safer-at-Home Order which closes non-essential businesses through April 30th) have caused many businesses to close or significantly scale back operations, thus resulting in many not having the income stream necessary to meet their obligations, including the payment of rent and other lease related expenses. ...
Continue ReadingOn Friday, June 19, Emmanuel Sheppard & Condon (ESC) attorney Adam J. T.W. White was installed as president of the Young Lawyers Division (YLD) of the Florida Bar. The ceremony was held virtually in Pensacola due to COVID-19 concerns and was originally scheduled to take place in Orlando at the Florida Bar Annual Convention. White has served on the...
Continue ReadingHurricane Sally was certainly an event that all of us along the Gulf Coast will long remember. Property damage appears significant and lives have been disrupted. Recovery will take time. Fortunately, we are members of a resilient community. Many of us have been through this before. We will help our neighbors and will again get through this together. Choosing...
Continue ReadingFlorida Landlord Tenant Law has a step-by-step procedure for retention and return of a security deposit for a residential tenancy. If a tenant deposited money with a landlord for advance rent or security for damages to the premises caused by the tenant, the landlord must return the security deposit within fifteen (15) days of the tenant vacating the premises...
Continue ReadingIf you have been arrested or received a Notice to Appear for driving on a suspended driver’s license, you can face serious consequences. Oftentimes, defendants are told that they will likely only receive a fine. However, this is rarely the case. If the State of Florida can prove that you knew your license was Suspended or Revoked when you...
Continue ReadingThe Basics There are two types of title insurance: the owner’s policy and the lender’s policy. The owner’s policy protects your property rights as the homebuyer, whereas the lender’s policy ensures the financial investment of the bank or lender. If someone else claims ownership of your property, title insurance typically defends you legally and financially. Common Risks Here are...
Continue ReadingNew technology devices, apps for your smartphone, and social media websites, while fun to use for recreation, to better your health, and for social interaction, can also be used in the courtroom. In today’s world people have become far more reliant on technology in their everyday lives; however, it is important to understand that in using these new types...
Continue ReadingThe number one way to avoid a DUI arrest is simple, don’t drink and drive. That is the only sure way to avoid a DUI. However, in Florida it is not illegal to drink and drive, it is only illegal to drive while under the influence to the extent your normal faculties are impaired, or with an unlawful blood alcohol level. That...
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