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Category Archives: Firm Articles

Requests For Production Instructions And Definitions: How To Make Them Work For You

By DSK Law |

By Bart R. Valdes, Esq., on behalf of the Electronic Discovery and Digital Evidence Committee, Business Law Section of the Florida Bar In the ever-changing world of technology, the legal profession can be slow to adapt.  Within the past decade, the introduction and widespread adoption of social media use by individuals and corporations, as well… Read More »

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Code Enforcement Matters: A Reconsideration

By DSK Law |

By D. John Morgeson Jr., Esq. Can a code enforcement board or Special Magistrate rehear or reconsider a case, matter or issue previously presented?  That is the question.  Not exactly Shakespeare, but one potentially relevant to a residential or commercial property owner, or local governing body. Section 162.11, Florida Statutes (2014), governs appeals from final… Read More »

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Investigating PIP Fraud Through the Appropriate and Effective Use of (6)(b) Requests

By DSK Law |

By Bart R. Valdes, Esq. According to the language in the No-Fault Statute, an insurer is required to pay a bill within 30 days of receiving the bill in order to avoid incurring a penalty, interest, or attorneys’ fees.  This presents a very tight window within which an insurer can investigate a claim where… Read More »

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Investigating PIP Fraud Through the Use of EUOs and Preserving the EUO Defense in PIP Cases

By DSK Law |

By Bart R. Valdes, Esq. As medical provider PIP fraud continues to increase in the State of Florida, insurers must effectively use the available tools to investigate suspected fraud.  Florida’s No-Fault Statute provides options to insurance companies to investigate suspected fraud by claimants (both providers and individual accident participants), with the ultimate goal of protecting… Read More »

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Title Claims: How to File a Title Claim

By DSK Law |

By Amber Ashton, Esq. The first step in determining whether you have a viable title claim is to review your title policy in detail.  You must be sure that the defect you are concerned about does not appear as an exception to coverage in Schedule B of the title policy or elsewhere.  Once you… Read More »

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Title Claims: How Title Insurance Protects You

By DSK Law |

By Amber Ashton, Esq. Unlike other traditional forms of insurance that protect you from unforeseen future accidents, sickness and natural disasters, title insurance protects an owner from potentially undiscovered issues when you buy land or a home. Title insurance potentially provides insurance coverage to protect you from financial loss related to a defect in… Read More »

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A CLARIFICATION TO FLORIDA’S LAW PROVIDES GUIDANCE TO COURTS IN REGARD TO PROCEEDINGS SUPPLEMENTARY UNDER § 56.29, FLORIDA STATUTES, WHEN JUDGMENT CREDITORS SEEK TO COLLECT ON JUDGMENTS.

By DSK Law |

By Bart R. Valdes, Esq. and P. Hayden Haskins, Esq. On June 20, 2014, Governor Rick Scott approved 2014 Florida Laws Chapter 182, which revised Florida’s law on proceedings supplementary found in § 56.29, Florida Statutes.  Effective on July 1, 2014, § 56.29, Florida Statutes, was revised to clarify existing law and provide guidance… Read More »

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Attorneys’ Fees and Costs When Litigating Against an Insurance Company

By DSK Law |

By Bart R. Valdes, Esq. Not every lawsuit involving an insurance company results in the award of attorneys’ fees and costs.   The general attorneys’ fee provision, § 627.428, Florida Statutes, only provides for an award of attorneys’ fees when an insured prevails and an actual recovery of insurance proceeds is obtained.  In fact, §627.428,… Read More »

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Deficiency Judgments in Foreclosure Actions

By DSK Law |

By Bart R. Valdes, Esq. and P. Hayden Haskins, Esq. Florida is at or near the top of the charts in regard to the number of foreclosure filings, the number of properties sold at foreclosure sales, and the total number of distressed properties.  As the foreclosure process shakes out, many homeowners have decided to “walk away”… Read More »

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Dealing with Association Liens and Code Enforcement Liens in a Foreclosure Action

By DSK Law |

By Bart R. Valdes, Esq., and Amber Ashton, Esq. As Florida continues to sift through debris left in the wake of the foreclosure crisis there are some issues that remain even after a property is sold at a foreclosure sale.  Both homeowners’ and condominium associations, as well as local governments, often end up with liens… Read More »

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