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Attorneys at Law

 

54 S.W. Boca Raton Boulevard  |  Boca Raton, FL 33432  |  info@hswlawgroup.com  |  561.810.1600

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August 14, 2015

Firm attorney David Rodstein presented “Evidence in Foreclosure Cases” to a sold out room of Florida attorneys.  The intermediate level seminar focused on the special evidentiary considerations needed for foreclosure cases – both at summary judgment and at trial, including in depth analysis of how to prove standing, how to admit prior servicer records, and a live workshop for attendees to practice implementing the concepts discussed.  Here is selected feedback from the attendees…

 

It was one of the best CLE’s that I have attended. 

 

The speaker was excellent. It was like being in law school once again.

 

Thank you for an outstanding presentation!

 

For more information on attorney training and CLE’s, contact us!

August 6, 2015

Florida’s Third District Court of Appeal Will Hold an En Banc Rehearing of Deutsche Bank v. Beauvais To Answer

 

In Deutsche Bank v. Beauvais, the Third District Court of Appeal (DCA) held that Deutsche Bank’s second $650,000 foreclosure case against Beauvais was barred by the statute of limitations.  Deutsche Bank’s first foreclosure case was filed more than 5 years before the second foreclosure case.  The first case was dismissed by the trial court for failure to attend a case management conference.  When the trial court dismissed the second case on grounds that the 5 year statute of limitations had run, Deutsche Bank appealed to the Third DCA.

 

The appeals court held in its original opinion that the first case started the statute of limitations running on the full accelerated debt, and the dismissal did nothing to decelerate the debt.  That was the Court’s original opinion, issued by a 3-judge panel.  Deutsche Bank filed a Motion for Rehearing En Banc “bec...

August 6, 2015

 

Any small business owner knows that the key to success is reaching as many potential customers in the most efficient and cost effective manner possible. There are many ways to advertise, whether through television, direct mailings, print ads, or flashy promotions. What many businesses fail to realize, however, is that some promotions truly are “too good to be true.” Knowing the difference between a legal sweepstakes for promotional purposes and illegal gambling operations can be the difference between a needed boost in sales and fines, penalties or even criminal prosecution.

 

Florida’s Game Promotion Law

Florida law limits the use of sweepstakes by mandating that they only be used by for-profit commercial entities on a “limited and occasional basis.” While this may seem clear, the pitfall that many companies find themselves facing is that the law does not provide any indication of what is considered limited or occasional. It is argued that this most recent legislation tar...

August 6, 2015

When first starting a business, leaders do not often find themselves spending too much time worrying about what might go wrong down the road. Worrying about future problems, and how to avoid them, is their lawyer’s job, right? While true that every possible future scenario cannot be predicted when a business is just being founded, it is important for a good leader to understand what disputes may look like, what leads to them, and how they can be overcome.

 

Shareholder Disputes

One common dispute that arises when a company has shareholders is the duties owed between the shareholder and the corporation. Breaches of these duties are often sources of much litigation, which turns into time and money spent that distracts the corporate leadership from focusing on the success of the business. Typically, this takes the shape of a breach of duty owed to a minority shareholder by the corporation and/or its majority shareholders. Essentially, in Florida the majority (or those holding power a...

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