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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
Kent Showalter Presents at the 2019 Elevate by LegalShield Conference
Kent A. Showalter presented an hour long segment during the 2019 Elevate by LegalShield Conference in Denver, Colorado on June 22nd. Elevate by LegalShield is an annual conference focused on connecting and empowering lawyers with a passion for eliminating the justice gap. Kent presented on emotional intelligence, customer service and the importance of applying such
David Simmons Recognized as One of Orlando’s 50 Most Powerful People
Congratulations to Founding Partner, David Simmons, on being ranked as one of Orlando’s 50 Most powerful people!
Hugo de Beaubien Honored with Award from Stetson University
At the Florida Bar Convention on June 27th, Founding Partner Hugo de Beaubien received the Stetson Lawyers Alumni Association’s Outstanding Alumni Representative Award. He has been an involved member of the Alumni Association for 40 years, stating, “I have felt that for the great education we all received at Stetson we should each give back,
DSK Law Sponsors the First Tee of Tampa Bay
DSK Law sponsored the First Tee of Tampa Bay Spring Swing event to help raise money and support for the First Tee. Associates Cameron Frye, Aaron Baroff and Christopher Hill attended the event at Top Golf with over 300 people in attendance. The First Tee program uses the game of golf to provide the youth
DSK Law Sponsors YMCA Soccer Team
DSK Law recently sponsored a YMCA Soccer Team comprised of adorable toddlers ages 3-4. Jason Breslin, Partner in the Orlando office, coaches the soccer team and is pictured here teaching the little ones to huddle before their season opener.
Several DSK Law Attorneys Attend Statewide Insurance Fraud Conference
The firm had a strong showing at the premier insurance fraud conference in Orlando in early June. Bart Valdes and Cameron Frye taught multiple classes to insurance adjusters, law enforcement officers, and insurance industry experts about investigating and litigating high-level complex insurance fraud cases. Also, Chris Hill, Lindsay Moczynski, Andrew Ballentine and Ryan Wisneski attended
DSK Law Sponsors the Paul C. Perkins Bar Association’s Annual Scholarship Luncheon
The Paul C. Perkins Bar Association had their 11th Annual Scholarship & Installation Luncheon on May 30th 2019. The speaker was Times 100 Awardee Desmond Meade. There were over 250 people in attendance. Associate Brandon Sapp celebrated his last day as the President for the Paul C. Perkins Bar Association. Associate Connor Kelly was also in attendance
DSK Law Raises Money for Victims in Need
Judy Ellis, DSK Law’s Human Resource Director (pictured here) presented DSK Law’s donations to Megg Murphy, Development Coordinator of the Victim Service Center of Orlando, Florida. DSK Law employees donated money, flip flops, clothes and toiletries for victims of sexual abuse in our community. “During their time at our forensic exam location, our dedicated team
David Simmons Presented with Award from the Ninth Circuit Court of Florida
Founding Partner David Simmons was presented with an award by Chief Judge Lauten and Chief Judge-Elect Myers in honor of his leadership and support of the Ninth Circuit and the judicial branch. We are so proud of David’s involvement in the community and his willingness to always help and mentor others.
DSK Law Encourages Future Lawyers at FAMU’s Careers in the Law Event
Partner Lindsay Greene and Associate Attorney Andrew Ballentine represented DSK Law at the inaugural Careers in the Law event put on by Florida’s Agricultural and Mechanical University College of Law. This event was a huge success with more than 70 lawyers or legal representatives from a wide-range of legal disciplines participating and sharing their expertise
