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The posts in this blog were prepared by

George Harder, JD, PhD.

 

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Buying a Home in a Florida HOA

Buying a home with a Florida HOA is like running through a dark house. There may be hidden obstacles ... and they can hurt. One obstacle is determining what you may need to pay off the previous owner's Home Owners Association (HOA) debts. Always ask if there is an HOA...

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Motion to Set Aside

Motion to Set Aside Default Fla. R. Civ. P. 1.500(d) provides a party an opportunity to request the Court set aside a default in accordance with Fla. R. Civ. P. 1.540(b). The Court may relieve a party from a final judgment, decree, order, or proceeding for, inter...

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Private Property Rights – Bert Harris Act

There was a changein October 2015 affecting private property rights. The Bert Harris Act, passed in 1995, provided a means for citizens to seek compensation from the government when regulations burdened their property rights. 5th Amendment The Fifth Amendment to the...

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Forgery

Movie plots are ripe with crimes involving forgery. In particular are forgeries of famous works of arts, such as the Mona Lisa, or just average works of art with the forged signature of a master. Forgery is more common on a...

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Motion to Dismiss

Once a legal action has been filed and a Complaint has been served on the other party, what is the other party (the Defendant) to do? The Plaintiff has made allegations against the Defendant and requested the Court to do something. The Plaintiff must be able to prove...

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US Supreme Court Rejects BP Oil

Monday, December 8, 2014, the day after the day of infamy (plus 73 years), the Supreme Court decided to leave in place BP's multi-billion-dollar settlement for Business Economic Losses resulting from the 2010 oil spill in the Gulf of Mexico. The court declined BP’s...

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Remedy for Stolen Items

Civil Theft - Florida Statutes 772.11 Theft is the taking of something that does not belong to you. It’s so important it made it as one of the Ten Commandments - Thou shalt not steal. If you are the victim of a theft, you have three choices. You can wait for God’s...

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Affidavits for Summary Judgments

Here is a piece of wisdom from some unknown source: “How do you eat an elephant? One bite at a time!” Besides the obvious application to pachyderms, this also applies to civil lawsuits. Complex issues of a lawsuit can and should be whittled down before the trial. If...

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Purchase and Sale Agreement

Buying and selling creates the world economy. Most of us are probably not in the league of mega-corporations or the uber-rich. We simply survive buying and selling smaller products and small companies. We try to maximize the money in our pockets by shaving down...

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OOPS, I just got a 3-day Notice

The best advice is always to pay your rent. But sometimes life gets in the way and the money flowing out of your pocket is faster than the money flowing in. Your landlord owns the place you live, so it's always worthwhile to work with the landlord. A happy landlord...

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Eviction of “THAT” Tenant

Florida Landlord Tenant Act It is very common place to have a tenant that refuses to pay and then refuses to leave. Laws have been changed such that the person that is squatting in your home, and not paying a thing, is protected by the law. No, this does not include...

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Case Over – Game Over?

You’ve worked hard on your civil complaint and the bench trial in front of the judge has just ended with a verdict against you. Is the game over? Not necessarily. There are still two options. First is a Motion for Rehearing. The second is a Motion for Post Judgment...

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