The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Business Law

Limiting the Florida Homestead Exemption by Broadening the Application of the Fraud or Egregious Conduct Exception

Business Law
Since 1868, the Florida Constitution has expressly shielded homestead property from forced sale except in certain delineated circumstances.[1] In 2001,...

A Critical Examination of Glass v. Nationstar Under Contract Principles

Business Law
Unless one behaves like a quantum particle, one cannot be in two places at once. And unless one disregards contract...

Dicing it Up: Does a Sliver of the Automatic Stay Remain for Repeat Debtors?

Business Law
The automatic stay, which gives debtors a breathing spell from creditors, is one of the most “fundamental debtor protections” in...

Eleventh Circuit’s Ruling Strengthens Creditors’ New Value Defense to Preference

Business Law
The 11th Circuit in Kaye v. Blue Bell Creameries Inc. (In re BFW Liquidation LLC), 2018 WL 3850101, 17-13588 (11th...

Navigating the Changing Landscape of Attorneys’ Fee Litigation in Florida

Business Law
Lawyers in Florida have historically operated under the premise that “fees for fees”1 are awarded only through the fee entitlement...

What Are You: A Hotel Guest, Tenant, or Transient Occupant?

Business Law
Florida hotels occasionally encounter the following problem: They want a guest gone, but the guest cannot be easily removed because...

Florida’s Medical Marijuana Industry Remains Hazy

Business Law
The paradox of federal and state marijuana laws has finally reached Florida. On June 2, 2017, Florida Gov. Rick Scott...

Un-Cabined Fiduciary Duties in Florida LLCs: The Common Law and Equity Opens the Door to Expanded Liability and the Manifestly Unreasonable Standard

Business Law
Limited liability companies (LLCs) have become the predominant form of business entity for private companies in America. The question generally...

Florida Earn-Outs: Dealmakers Beware

Business Law
When a potential buyer and seller disagree on how much a business is worth, an earn-out provision in the purchase...

Are Client’s Tax Returns Timely Enough for Discharge

Business Law
An increasing number of published cases deliver a BAPCPA1-created issue to the bankruptcy journals: Can a personal tax return filed...