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Third DCA Upholds Strict Compliance Requirement for Florida Construction Lien Law

On October 5, the Third DCA held that strict compliance with Florida’s construction lien laws is a condition precedent to a claim against a payment bond. What was likely a scrivener’s error precluded recovery of more than $269,000.

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Categories: LitigationCondominium AssociationsConstruction Law
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanJoshua D. KrutMichael S. PopokJoseph H. SerotaBondsFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Eric P. Hockman

Richard Jay Weiss Is 2012 Miami Government Relations Lawyer of the Year

Founding Member Richard Jay Weiss has been named the 2012 Miami Government Relations Practice Lawyer of the Year by Best Lawyers, the leading survey of lawyers worldwide.

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Categories: Government AffairsLocal GovernmentAwards & Recognitions
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law
Author(s): Brooke P. Dolara

Third DCA Throws Out Case Alleging "Repugnant Environmental Violations"

On September 28, the Third District Court of Appeal in Florida reversed a trial court’s decision to grant a new trial to a plaintiff corporation seeking indemnification for “repugnant environmental violations” after a jury rendered a verdict for the defendant landowners. In Harris v. Grunow, ______ So. 3d ________, 2011 WL 4467379 (Fla. 3d DCA 2011), the Third District held that the plaintiffs failed to show that defendants introduced improper statements, and that a new trial was unwarranted.

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Categories: Environmental/SustainabilityLitigationCivil ProcedureTorts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaLaura K. WendellMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida Litigators
Author(s): Michelle Vos

Health Care, Free Speech and Criminal Appeals Dominate Docket for Supreme Court's 2011-2012 Term

On October 3, the Supreme Court returned to the bench for its 2011-2012 term. Although the caseload for the term is usually finalized in February, the Court already has forty-nine appeals on its docket. The court is scheduled to hear arguments in cases addressing free speech, and religious freedom and a plethora of criminal appeals alleging various Fourth Amendment violations. The Court also agreed to hear a challenge to the Patient Protection and Affordable Care Act, the 2010 landmark healthcare legislation that sparked lawsuits across the country from Virginia to Florida. Click here for a list of cases currently on the Court’s docket, complete with background information and key issues.

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Categories: LitigationAppellate Law & PracticeFederal LawConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaPatient Protection and Affordable Care ActMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Pop-Up Stores Provide Relief to Commercial Real Estate Owners

The recent economic doldrums have fueled at least one cultural and business phenomena: the pop-up store. With retail occupancy rates lagging, pop-ups (or temporary-store space), is a win-win for entrepreneur and landlords alike. Pop-up stores attempt to fill a marketing need or facilitate a product launch, and exist for a short amount of time. The very first pop-up stores centered around seasonal holidays like Christmas and Halloween. But more recently, pop-ups have been used by national “big box” retailers such as Toys R Us to create excitement (and sales) in new areas where they don’t currently have a brick and mortar presence. Even chefs have gotten into the act, temporarily renting existing “dark” restaurant space to promote a new, short-term restaurant concept. The pop-up phenomena is far from a fad, and is being fueled by the recession, a glut of commercial retail space, and a fast-moving internet society with an ever decreasing attention span.

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Categories: Land Use & Zoning (Private)Real Estate
Tags: Jonathan CohenIgnacio G. Del ValleGilberto PastorizaMichael S. PopokClifford A. SchulmanFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate Attorneys
Author(s): Michael S. Popok

Snapshots From The Community Planning Act, Part 3: Adversely Impact Important State Resources and Facilities?

The Act limits the scope of the state land planning agency’s (now the Department of Community Affairs (DCA) but, as of October, to become the Department of Economic Opportunity) ability to object to or challenge local comprehensive plan amendments. Under the Act, the state land planning agency can only challenge those amendments which will “adversely impact important state resources and facilities.” What is important? What is an adverse impact? The Act doesn’t say.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLand Use & Zoning (Private)
Tags: Community Planning ActMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Changes to Florida Statutes Place Greater Restrictions on Public Employee Bonuses and Severance Pay

On June 17, 2011, Governor Scott signed Senate Bill 88 (the “Bill”) into law, which amends Section 215.425, Florida Statutes, in two material ways. As summarized below, the Bill contains significant restrictions on bonuses and severance pay for public employees.

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Categories: Labor and EmploymentGovernment AffairsLocal Government
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Mitchell A. BiermanJamie A. ColeRaquel ElejabarrietaChad S. FriedmanBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyFort Lauderdale Local Government LawMiami Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation Lawyers
Author(s): Raquel Elejabarrieta

Eminent Domain Valuation in a Falling Market Poses Questions for Condemning Authorities

In 2006, a condemning authority notifies the public that it intends on widening Congestion Drive, and that it will need to acquire 10 feet of right of way on the North side of the road. The project does not go forward until 2009, in the meantime those property owners on the North side of Congestion have had a cloud placed over there property for 3 years.

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Categories: Eminent Domain
Tags: Mitchell J. BurnsteinPeter D. WaldmanDamagesSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project Rule
Author(s): Peter D. Waldman

Third DCA Holds That Product Manufacturers Whose Products Were Not Used By Plaintiff May Still Be Liable Under Civil Conspiracy

On September 28, 2011, the Third District Court of Appeals of Florida in Rey v. Philip Morris, Inc., ___ So. 3d ___ , 2011 WL 4467387 (Fla. 3d DCA 2011), reversed a Miami-Dade County Circuit Court decision granting final summary judgment to three cigarette manufacturers. The plaintiff did not dispute that her husband had never smoked cigarettes manufactured by those three defendants.

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Categories: LitigationTorts
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaProducts LiabilityMarket Share LiabilityFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. Mandel
Author(s): Eric P. Hockman

Jeb Bush and WSHPC&B Agree: Coral Gables Is A Great Place to Work

The most recent issue of Florida Trend Magazine presents a favorable portrait of Coral Gables with an emphasis on why businesses enjoy basing their operation there. Michael S. Popok, the Partner in Charge of the firm’s Miami-Dade Office was interviewed along with former Governor Jeb Bush, and developer Armando Codina, as to the benefits of basing our law firm’s Miami-Dade office in “The City Beautiful.” Click here for the full interview.

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Categories: Awards & Recognitions
Tags: Michael S. PopokCoral Gables
Author(s): Michael S. Popok