Most contractors and subcontractors know there are notice provisions in their contracts, but they are not always followed to the letter. The Eleventh Circuit Court of Appeals just sent a clear message that if you do not follow the notice and termination provisions of a bond, the surety may be off the hook. What is […]
Widerman Malek Law Blog
Paying the Debt of Another
Paying the Debt of Another
A question arose not too long ago about whether paying the debt of another would require continued payments. In other words if company A pays company B’s existing creditor for one month, or even several months, does company B now have an obligation to continue paying company A’s creditor? If company B does have an obligation, then the creditor can likely come after company B for company A’s debt should both companies fail to make a payment.
The Wild World of Discovery…What Can’t They See?
No matter how hard TV shows try, they are just not the reality they portray. Prime example is law related shows. First you have the crime or the incident and then you are in trial, the most exciting part. But what happens in the middle can be the deciding factor whether your case survives, settles, or […]
Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1
I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]
I Have a Judgment and Now I Want to Collect Vol. 3
If you have reached this stage, either the defendant did not fill out the Financial Information Form pursuant to the Florida Rules of Civil Procedure or the form was not attached to your final judgment. It has been over 30 days since the Judge granted your judgment and you haven’t been paid, no offers have […]
I Have a Judgment and Now I Want to Collect Vol. 2
As discussed by on my June 6, 2013 blog, there are certain basic tools that you can utilize to try to collect on your judgment. In most cases, when I reference a judgment in this blog and any follow up blogs, I am simply referring to a money judgment. There are other types of judgments […]
I Have a Judgment and Now I Want to Collect. Vol. 1
A dispute arises. You make the decision to take the party you believe to be at fault to court. You file the lawsuit, go through the process and either by default, summary judgment or a final judgment after a trial, the judge awards you a money judgment for your damages and costs. Your feeling really […]
Can Information from Mediation be brought up during a case?
As previously discussed, Mediation is an avenue of possible resolution in a civil case, regardless of the amount in controversy. But what happens if you go to mediation and it doesn’t settle? Can the other side use anything you said in mediation against you in a later proceeding or a trial? Thankfully, the answer is […]
Mediation-is it a good idea?
Mediation-is it a good idea?
By: Eric L. Hostetler
Mediation can either be voluntary or ordered by the court, depending on the jurisdiction. Mediation is becoming more and more common in small claims cases as the court will provide Supreme Court approved mediators to discuss your case after the pre-trial conference. In most circuit court cases, the Judge will require the parties attempt to mediate as part of a pre-trial order.
