Posts from May 2016.

Even well-drafted partnership and operating agreements often relegate one key topic to boilerplate language: how to remove a manager of the business when the partners disagree on how it is being run.Read More

Florida’s foreclosure statute expressly provides that both foreclosure and deficiency proceedings are the province of the court, not a jury. (Section 702.06, Fla. Stat.)Read More

It’s a common commercial landlord-tenant showdown – a tenant accuses its landlord of failing to make repairs and threatens to withhold rent. But can a tenant legally do that?Read More

A court must enforce a settlement agreement and enter a final judgment of foreclosure when both Parties agree to the terms of an agreement even where the foreclosing party is unable to produce the original promissory note because Florida law highly favors settlement.Read More

What if the owner sells the property and invests the sale proceeds in securities while looking to buy a replacement homestead? Can a judgment creditor grab the proceeds, or are they still protected?Read More

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Shutts & Bowen, established in 1910, is a full-service business law firm with approximately 270 lawyers located in eight offices across Florida.

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