Firm News & Articles
Firm Articles
Code Enforcement Matters: A Reconsideration
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 orders of a municipal or county
Investigating PIP Fraud Through the Appropriate and Effective Use of (6)(b) Requests
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 fraud may be involved. Section 627.736(6)(b),
Investigating PIP Fraud Through the Use of EUOs and Preserving the EUO Defense in PIP Cases
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 the insureds and controlling the
Title Claims: How to File a Title Claim
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 have determined a claim exists,
Title Claims: How Title Insurance Protects You
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 the status of title to
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 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 to
Attorneys’ Fees and Costs When Litigating Against an Insurance Company
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
Deficiency Judgments in Foreclosure Actions
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
Dealing with Association Liens and Code Enforcement Liens in a Foreclosure Action
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
New Mediation Requirements Put New Burdens on Corporate Entities in Litigation
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
Firm News
Fun Fact Friday: David Simmons’ Favorite United States President
Can you guess which United States President is framed in David Simmons’ office? Abraham Lincoln! When asked “Why is Abraham Lincoln your favorite President?” David replied, “Abraham Lincoln stood for the finest ideals upon which our Nation is based: that all men and women are endowed with the inalienable right to equal opportunity to achieve
DSK Law’s Attorney Peter Garcia Presents at NBI Seminar in Jacksonville, Florida
Peter Garcia, an attorney in DSK Law’s Orlando office, recently presented at the National Business Institute (NBI, Inc.) seminar, “The Rules of Evidence: A Practical Toolkit,” in Jacksonville, Florida. Peter covered topics on ESI/Social Media and evidence blocking (pre & post trial).
Toys For Tots at DSK Law!
DSK Law recently participated in the Orlando 2019 Marine Toys for Tots Campaign. The mission of the Marine Toys for Tots Foundation is to collect new unwrapped toys and distribute those toys to less fortunate children at Christmas. DSK Law employees donated money and toys for the cause through their charity jeans day event.
DSK Law Sponsors Annual Give Kids The World Gala
DSK Law was a proud sponsor for the 31st Annual Give Kids The World Village Black and White Gala. Give Kids the World Village is an 84 acre, non-profit resort in Central Florida that provides week long, cost-free vacations to children with critical illnesses and their families. Several members of the firm attended the event
Congratulations To Our 2019 Legal Elite Winners!
Partners: David H. Simmons, Kenneth P. Hazouri, Bart R. Valdes and Brett J. Miller. Attorneys: Brandon M. Sapp.
Meet DSK Law’s Newest Partner: Brett J. Miller
“We are happy to announce Brett J. Miller has become a Partner with DSK Law. Brett first started working for DSK Law as a summer law clerk in 2011, and he officially joined the team right out of law school on May 14, 2012. Brett is now primarily located in our new Melbourne office, which
Thank You For Allowing Us To Serve You!
We appreciate the confidence and trust you have shown in allowing our Firm to assist with your legal issues. Wishing you a bountiful Thanksgiving! #HappyThanksgiving
DSK Law Sponsors 2019 Hillsborough County Bar Association’s Young Lawyers Division Golf Tournament
DSK Law’s Brett Miller, Ryan Wisneski, Aaron Baroff and Cameron Frye recently participated in the 2019 Golf Tournament for the Young Lawyers Division of the Hillsborough County Bar Association. This is DSK Law’s second year in a row sponsoring this event; the Attorneys love this event and we even went home with an award for
Partner Jason Breslin Speaks to Elementary Students on Veterans Day
On Monday, Partner Jason Breslin spoke to the First Grade Class at Timber Lakes Elementary School about the military for Veterans Day. Prior to becoming an Attorney, Jason served in the United States Air Force for 6 years.
Happy Birthday DSK Law!
DSK Law was founded on November 7, 1976. We are proud to be one of Central Florida’s largest law firms. We now have offices in Orlando, Tampa, Tallahassee and Melbourne.