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Widerman Malek Law Blog

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.

Permanent Alimony Ban Bill Approved by Florida Senate

Ex-spouses who depend upon alimony to live off of may be in jeopardy of losing this extra income.  This past Thursday the Florida Senate voted and approved bill SB 718 with a 29-11 vote count, to ban permanent alimony.  Senator Kelli Stargel, R-Lakeland voted in favor of passing the bill. He explains, “Back in the […]

Is the Economic Loss Rule Dead in Florida?

On March 7th 2013, the Florida Supreme Court ruled that the economic loss rule can only be used in relation to product liability cases and not contractual cases.  Their decision was determined through the case Tiara Condominium Association v. Marsh & McClennan.  Tiara Condominium Association sued their insurance broker Marsh for not providing them with […]

Can HOA’s Fine Owners?

HOA Laws and Rights Do Homeowner Associations have the right to fine owners who do not comply with their rules?  In Virginia, this very question was put before a judge to decide.  A dispute arising between Maria and Sam Farran and their HOA at the Olde Bellhaven in Fairfax, VA over a political sign stirred […]

Can Passengers Sue Cruise Ships for Catching Norovirus On Board Ship?

In the past year, a mutant strand of the norovirus invaded over a dozen cruise liners around the world. The virus is nicknamed “Sydney 2012” because the virus is believed to have originated from Sydney, Australia.  Prior to modern day technology, passing ships communicated through use of various flags, with the yellow flag indicating “Plague […]

Remember This? When Common Sense Loses in a Court of Law

Are you aware that coffee is served hot? How about that if hot coffee were to accidentally spill on someone it could burn that person?  If you knew both these facts, congratulations you have mastered common sense.  Common sense tells us that hot beverages are going to hurt if poured onto our skin.  Anyone who […]

The Wedding is Called Off. Who Keeps the Engagement Ring?

We all know people who have gotten engaged only to call off their engagement a few months later.  Did you ever wonder what happens to the ring?  Most of the times the ring is given back to the fiancé once the couple calls it quit.  Proper etiquette dictates that if the couple were to call […]

What to Do When Contract is Breached

For those who’ve watched the popular Home and Garden television show, Holmes Inspection, we have all seen homeowners distraught after contractors failed to deliver quality workmanship.  On this television show, homeowners seek the help of Mike Holmes and his crew to fix the poor handy work of other contractors who left the homeowners’ home in terrible condition.  […]

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