Close Menu
Sign up to receive news from DSK Law

Category Archives: Firm Articles

Attorneys’ Fees and Costs When Litigating Against an Insurance Company

By DSK Law |

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, “‘has consistently been interpreted to authorize recovery of attorneys’ fees from an insurer only when the insurer has wrongfully withheld payment of the proceeds of the policy.””  Progressive American Ins. Co.… Read More »

Share This Page:
Facebook Twitter LinkedIn

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” and simply allow the house to be taken back by the bank.  Many lenders have, at this time, decided to simply get the property back without… Read More »

Share This Page:
Facebook Twitter LinkedIn

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 that need to be dealt with after a foreclosure action.  The ability to resolve these issues promptly and fairly is important to all parties involved. In… Read More »

Share This Page:
Facebook Twitter LinkedIn

New Mediation Requirements Put New Burdens on Corporate Entities in Litigation

By DSK Law |

By Bart R. Valdes, Esq., and Amber Ashton, Esq. The Florida Supreme Court has revised the rules relating to mediation and new requirements have been imposed on corporations and other business entities that are involved in litigation.  Rule 1.720, Florida Rules of Civil Procedure, provides the basic requirements for all mediations in Florida.  The purpose of the amendments is to make sure that business entities send someone who has real decision making ability to mediation so that all settlement alternatives… Read More »

Share This Page:
Facebook Twitter LinkedIn

Committed to our clients for more than 40 years