Eminent Domain Case Filing Before an Eminent Domain case can be filed and served against a property owner, the governmental or quasi-governmental entity taking the land, also known as the condemnor, must follow several requirements. The condemnor must have the authority to take land via eminent domain, have a public purpose for the taking and […]
Widerman Malek Law Blog
Florida Supreme Court Adopts Federal Summary Judgment Standard
On April 29, 2021, the Florida Supreme Court decided that Florida will now follow the federal summary judgment standard and adopt the text of the federal summary judgment rule as opposed to crafting a new Florida-specific rule. However, the court did make one minor change, which includes that a court “shall,” as opposed to the […]
Estate Planning During COVID – The Importance and What It Entails
Throughout 2020 and into 2021, 2.04 million Floridians have contracted COVID-19. Sadly, over 33,000 residents have died from the disease, while over 83,000 Floridians have required hospitalization for the virus. Even if the first two numbers weren’t tragic enough, that last number alone should give all of us pause. While mere exposure to COVID means […]
How Permanent Insurance Fits Into Your Game Plan to Build and Protect Wealth
Permanent Insurance: Using the Two-Way Player Game Plan The pandemic caused me to watch more football this past season than any other. The game has changed much over the years. One remnant of a bygone era is the “two-way player,” who played both offense and defense. With a few rare exceptions, the two-way player is […]
USCIS Announces H-1B Visa FY 2022 Schedule – Registration Begins March 9
H-1B Visa The U.S. Citizenship & Immigration Services (USCIS) recently released the dates for the fiscal year 2022 Cap-Subject H-1B visa registration period. Please note the following: Registration Period: USCIS will start accepting registrations for cap-subject H-1B’s for Fiscal Year (FY) 2022 on March 9, 2021, through noon ET on March 25, 2021. Registration Completion: […]
Buying or Selling a Business: Asset Purchase vs. Stock Purchase
When buying a business, should you structure the transaction as a purchase of the assets of the business or as an acquisition of the stock of the selling corporation? Most transactions involving the sale of a business can be structured either as an asset purchase or a stock purchase. Asset Purchase An asset purchase is […]
What Is the Bert Harris Private Property Protection Act?
Florida is one of the only states in the U.S. that has a statute that gives a cause of action to a property owner when the state or local government takes an action that reduces the value of a property. This occurs by interfering with an existing use or a vested right without that government […]
How to Use Seller-Financing to Generate Income From Inherited Real Estate
Inheriting Real Estate I previously have written about considerations for heirs inheriting real estate in Florida who want to sell the property, such as in this blog article: https://www.legalteamusa.net/strategic-default-appropriate-decision/. Now, I’ll discuss issues related to how heirs can generate income through seller-financing an estate property. Many heirs have a greater need for income than to […]
Ensuring Your Temporary Injunction Is Not Too Temporary
Recently, the Fifth District Court of Appeal delivered a decision that will affect how parties obtain a temporary injunction from the trial court after a default judgment. In Howell et al. v. Orange Lake Country Club, Inc., the trial court granted a default judgment against the defendants after striking their pleadings. After the default judgment, […]
Joseph Biden’s Tax Proposals and Potential Financial Impacts for Taxpayers
Our Widerman Malek team is focused on explaining issues pertaining to tax, bankruptcy, wealth transfer and preservation, as well as trusts and estates in plain language. Today, the focus is on President-elect Biden’s tax proposals and the potential comprehensive changes. Given the possible impacts, we are urging our clients and friends to contact us now. […]
