HTTP Error 500.30 - ASP.NET Core app failed to start

Common solutions to this issue:

Troubleshooting steps:

For more guidance on diagnosing and handling these errors, visit Troubleshoot ASP.NET Core on Azure App Service and IIS.

While most people generally know what mediation is, if you are contemplating or going through a divorce, it can be helpful to know more about how it specifically works within the context of divorce law, and how you can work with an experienced Florida divorce law attorney in the process of mediation in order to achieve a resolution you are happy with at the outcome of the process.

In a nutshell, mediation aims to help both parties avoid litigation (where they ask the court to decide the terms of the divorce) and instead come to some form of agreement as to the key terms. However, it is not the only option available if you wish to avoid litigating your divorce in court.

Mediation

In mediation, parties meet in a private, confidential setting, with a neutral third party (and their attorneys) present in order to assist the parties with communication and staying on course to come to a particular agreement, outcome, or resolution, as a result of the mediation. The mediator is not always an attorney, thus it is crucial that each party work with their own attorneys so that the terms of what they are working towards are clear and any desired outcomes are achieved as a result of the mediation. All that the mediator can do is help facilitate communication between the parties, thus it is your responsibility to ensure that your legal interests are represented throughout the process.

Mediation can be helpful to couples in terms of keeping the relationship out of court and minimizing costs. It can also minimize the amount of stress involved in a divorce, especially when a couple is concerned that obtaining the divorce in court could be contentious and have negative effects on their children.

Mediation can be sought out any time before or after divorce papers have been filed and, in fact, some Florida counties, such as Hillsborough County, require it in any child custody and visitation cases. However, keep in mind that not all of the terms of the divorce need to be decided in mediation; parties can come up with a partial agreement and leave other issues up to the court. This is where your family law attorney will assist you in coming up with the very best outcome for your interests, including reviewing any and all agreements before they are finalized.

Collaborative Divorce

The collaborative divorce process is slightly different from mediation. In addition to each party and their attorneys being present, there are other experts present as well, such as financial experts and mental health professionals. In addition, at the outset, parties agree not to litigate; however, it is important to note that, should the collaboration break down, the right to litigate is never forfeited.

Contact Professional Divorce Attorneys Experienced In Mediation

The Florida divorce/family law attorneys at HD Law Partners regularly assist couples with mediation and other resolution-based processes when it comes to divorce. We provide knowledgeable, experienced, and dedicated legal representation for any and all family law proceedings, serving clients in Orlando, Sarasota, Tampa, and surrounding areas. Contact us today for a free consultation.

Woman signing legal documents

The Eleventh Circuit (which includes Florida) recently confirmed a rule early codified into contracts law known as the Economic Loss Rule, which prohibits a plaintiff from recovering under a torts-based claim (such as a claim for negligence) when a product defect fails to cause personal injury or property damage.

Although the Florida Supreme Court had previously strengthened the scope of the Economics Loss Rule, this recent case brought before the Eleventh Circuit demonstrates that parties still attempt to hold manufacturers and other businesses responsible for negligence when it is clear that contract law bars such a claim. Because of this risk, it is wise for businesses to build specific safeguards into legal contracts in order to avoid certain disputes.

The Economic Loss Rule

The Economic Loss Rule has long-prevented parties from bringing a tort claim when a product defect or failure only causes damage itself (i.e. results in economic loss) but does not cause harm or injury to an individual or their property. When this happens, any party who wishes to sue a manufacturer or business must sue under breach of contract, but not under product liability claims.

Florida Supreme Court’s Expansion

Not only has the rule historically barred these types of tort claims without exception but, in fact, over the past four years, the Florida Supreme Court has expanded the scope of the rule in response to questions posed by the Eleventh Circuit. Specifically, the court reaffirmed that the economic loss rule precludes recovery of economic damages in torts where there is no property damage or personal injury, and also limited the application of the rule to those situations where the parties were not in privity to each other. In other words, the Court deemed that where parties had an existing contractual relationship, the Economic Loss Rule completely barred a product liability claim.

Eleventh Circuit Reaffirms

The Economic Loss Rule was recently reaffirmed by the Eleventh Circuit in a decision which ruled in favor of the manufacturer’s motion to dismiss. Specifically, the case involved a radiologist who filed a negligence claim against the manufacturer of his MRI scanner (which no longer worked). While the radiologist claimed that the machine no longer worked due to negligent servicing, in fact, the servicing contract with the manufacturer had long expired before the claim was even filed. As a result, the Court correctly dismissed the claim, reaffirming that plaintiffs cannot recast contract claims as negligence claims.

Protect Your Business

Regardless of how consistently the Economic Loss Rule has been strengthened by the courts, parties will still sometimes seek to hold manufacturers and businesses liable under tort law instead of appropriately bringing a breach of contract claim. In an effort to avoid expending litigation funds to dismiss such claims, working with an experienced business attorney can help ensure that any contracts you enter into as a business prevent you from being frivolously dragged into court.

At HD Law Partners, our Orlando, Sarasota, and Tampa, Florida business & corporate law attorneys possess the legal knowledge and skills necessary to help prevent potential problems before they occur, while also addressing any present difficulties you may be facing. We can ensure that your company’s assets and best interests are protected. Contact us today to set up a free consultation.

Resource:

casetext.com/case/tiara-condo-assn-inc-v-marsh-united-states

Similar to the division of marital assets during divorce, couples also typically have to deal with the division of marital debt when they part ways. Florida treats marital debt similarly to the division of property by splitting it up via equitable distribution once it is determined what is marital versus nonmarital. However, if one spouse inequitably incurred that debt, the courts also have the discretion to label that debt “non-marital” and assign more of that debt to the spouse who’s responsible for it. This is important to note, as a new report released by Creditcards.com indicates that 12 million consumers have concealed a bank account or credit card from their spouses.

Thus, if you are going through or contemplating going through a divorce, you will need to work closely with an experienced family law attorney in order to ensure that you aren’t unfairly responsible for the debt your soon-to-be former spouse largely built up without your knowledge or participation.

The Law in Florida

Florida law bundles the (equitable) distribution of marital assets and liabilities all in one, whereby, the courts set apart each spouse’s nonmarital assets and liabilities, and in distributing them between the parties, starts with the assumption that the distribution should be equal unless there is justification for an unequal distribution based on all relevant factors, including but not limited to:

  • The contributions made by each spouse to the marriage;
  • The economic circumstances of the parties;
  • The duration of the marriage;
  • Any interruption of careers of educational opportunities involved;
  • Any contributions of one spouse to the career or educational opportunity of the other;
  • The contribution of each spouse to the incurring of liabilities; and
  • Any other factors necessary to do equity and justice between the parties.

The Reality of Marital Debt in a Divorce

Given that the law seeks to distribute everything—including liabilities—equally, this can be frightening to those who are both subject to and/or contemplating a divorce, to learn to what extent most couples are keeping financial secrets from each other. According to the statistics, the older you are, the more likely you are to have a secret account, and like any other indiscretion, what starts out small can build with time, where many secret purchases are $500 or more.

Work With an Experienced Florida Divorce Attorney

If you or someone you know is preparing to get married or going through a separation or divorce, it is crucial that you start protecting your financial interests as soon as possible in the process.

At HD Law Partners, we can help. Our divorce attorneys in Tampa, Orlando, and Sarasota have significant experience in working on divorce and property distribution cases. We can provide the legal representation and guidance you need and ensure that you remain protected, regardless of your particular circumstances. Contact us today and find out how we can help.

Resource: https://consumeraffairs.com/news/report-finds-older-couples-more-likely-to-conceal-spending-from-spouse-021317.html

Mother and her daughter child girl are eating salad on the bed in the room.

Going through a divorce is difficult enough without also taking into account the potential impact that it could have on your children and your ability to spend time with them. There is a significant amount of debate amongst everyone involved—from policymakers, to judges and mental health professionals—on what is best for children. As a result, it is crucial that you educate yourself about Florida state child visitation laws and regulations so that you are prepared to do what’s best to protect you and your family—both by doing the research, and working with an experienced family law attorney.

The Law in Florida on Child Visitation

As in other states, the primary consideration of the law in Florida is what is in the best interest of the child. After divorce, parents in Florida come up with a parenting plan which includes a time-sharing schedule, and that schedule governs each parent’s relationship with the minor child. Once established, the determination or schedule cannot be modified without a showing of substantial, material, and unanticipated change in circumstances (as well as a determination that the modification is in the best interests of the child, of course).

But how does the law specifically determine what is in the best interest of the child? State statute evaluates a variety of factors deemed to be important to the welfare and interests of the child and the circumstances of that family, including but not limited to:

  • The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, honor the time-sharing schedule, be reasonable when changes are required, stay informed of the circumstances of the child (such as their friends, teachers, medical needs, activities, etc.), provide a consistent routine for the child, communicate with and keep the other parent informed, etc.;
  • The anticipated division of parental responsibilities after litigation;
  • The demonstrated capacity and disposition of each parent to determine and act upon the needs of the child (as opposed to their own);
  • The anticipated division of parental responsibilities after litigation (including any delegation of parental responsibilities to third parties);
  • The length of time the child has spent in a stable, satisfactory environment (and the desire to remain in that environment);
  • The geographic viability of the parenting plan (with special attention to the needs of the child and traveling times);
  • The moral fitness and physical/mental health of the parents;
  • The home, school, and community record of the child;
  • (If applicable) the reasonable preference of the child;
  • Any evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect;
  • The ability of the parent(s) to maintain an environment for the child which is free of substance abuse; and
  • Any other factor that is relevant to the determination of the parenting plan.

Florida Divorce & Child Custody/Visitation Attorneys

Whether you are simply contemplating divorce or are concerned about child custody and visitation rights, we can help. The attorneys at HD Law Partners are experienced timesharing and parenting plan attorneys who both understand the complexities and difficulties involved in family and divorce law, but at the same time, fight aggressively for our clients’ rights. We regularly work with families in Orlando, Sarasota, and Tampa to ensure that their best interests are protected. Contact us today to find out how we can help.

Resources:

https://acfc.org/acfc/assets/documents/Articles/Nebraska%20Lawyer%20Magazine.pdf
https://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

The blind lady of justice in the foreground. Law professionals reading a book in the background.

As the Wall Street Journal reported this month, video evidence has emerged as a powerful tool in housing court battles, especially in exposing tenants who have fraudulently claimed rent-controlled apartments as primary residences in order to pass those rights onto relatives in violation of the law.

As a result, courts have recently upheld the rights of landlords to mount hidden security cameras in lobbies, hallways, and other shared spaces, in spite of tenants arguing that video surveillance is an intrusive form of harassment.

Many property owners and businesses establish video surveillance in order to provide for security measures, prevent crime, and protect customers. Thus, it makes sense that landlords and property managers would have some of the same rights as business owners, even if video surveillance is established in order to monitor tenants.

The Law in Florida regarding Surveillance Cameras

Under the U.S. Constitution, a person has a reasonable expectation of privacy in certain areas, such as in bathrooms, locker rooms, their own apartments, etc., such that it is illegal to set up video surveillance in these areas.

When it comes to private property, video surveillance requires consent of the property owner; however, property owners who rent to tenants cannot install surveillance cameras in areas where those tenants and their guests have a reasonable expectation of privacy, such as inside a home, apartment, its bedrooms, etc. The law draws a line between a reasonable expectation of privacy within private areas versus public spaces and common areas; thus, surveillance cameras and similar technology may be lawfully installed in common areas of both residential and commercial buildings, even if to monitor tenants.

Oral Communications & Workspaces

The law is similarly applied to employers, who can conduct surveillance of employees while they are on the job, with a few exceptions. Video surveillance is generally permitted except in areas that would violate an employee’s privacy, such as in restrooms, locker rooms, and similar areas.

However, it is important to note that the same rules that apply to video surveillance do not apply to all oral communications. Unlike many other states, Florida is a two-party consent state; meaning that oral communications which take place in areas where there is a reasonable expectation of privacy are private and cannot be recorded, unless both parties consent otherwise.  Thus, conversations conducted within a person’s home are off-limits (unless both parties consent to being recorded), but not necessarily those which take place at work (for example, there is no reasonable expectation of privacy in a conference call or in one’s emails).

Attorneys Representing Property Owners in Tampa, Orlando, and Sarasota, Florida

If you are a landlord or property owner in need of legal assistance, HD Law Partners can help. We have more than 40 years of combined experience in representing owners in property disputes, and are dedicated to serving our Florida clients. Contact us today and we can discuss your options.

Resource:

wsj.com/articles/video-evidence-emerges-as-weapon-in-landlord-tenant-fights-1484146858

uber driver and passenger

Many of us may know someone, or perhaps you have yourself, performed a side job to earn a little extra income. You have probably never considered what the insurance implications are if you were involved in a motor vehicle accident while driving for Uber or delivering pizza. But what many people do not know is that their side job could cost them more in the end if they are not properly insured.

Am I covered by my personal insurance policy?

There is a standard clause in most personal automobile insurance policies that most people are not aware of. Personal auto insurance policies provide coverage for one’s personal needs only. Generally, personal automobile policies exclude coverage if the automobile is being used for commercial purposes, such as carrying property or persons in exchange for a fee or compensation. This would include using your personal vehicle for the following services:

  • Uber/Lyft;
  • UberEats;
  • Pizza delivery;
  • Limousine or shuttle driver;
  • UPS and Fedex delivery; and
  • Any other type of employment which requires the transportation of property or persons, excluding farming and ranching.

The same may apply if the car was borrowed and used for commercial purposes. If you are a parent that allows your child to borrow the family car for delivering pizza, you should review your policy.

Am I covered if I carpool with co-workers?

If you participate in a shared-expense car pool, one in which everyone in the car pool proportionately contributes to cover the actual travel expenses, you should still be able to insure your vehicle under a personal auto policy rather than a commercial auto policy.

What should I do if I’m not covered?

Check with your employer if coverage is available through them. You should also call your insurance company to see if they could provide supplemental coverage or they may advise/assist you in switching to a commercial policy.

Experienced Insurance Attorneys

HD Law Partners is an experienced full-service litigation law firm representing institutional, corporate, and private clients. With over 50 years of collective litigation experience, you can count on HD Law Partners to provide you with practical, strategic legal advice and effective representation designed to help you reach your goals. Contact us today and find out how we can help.

Business people, teamwork and laughing with laptop in office for legal case brainstorming and client defence.

On January 13th, the U.S. Supreme Court agreed to hear a case that could have national, broad implications for all employers and businesses, especially those who utilize employment contracts to mandate that any disputes be raised via arbitration rather than in court, and on a one-by-one basis (i.e. the opposite of class action). The decision will also affect countless other businesses, as not only are arbitration clauses present in many employment contracts, but also in many service- and various consumer-based contracts, such as those for nursing homes, cell phones, credit cards, and others.

Some experts predict that the Court will uphold the ability for private companies to establish this kind of requirement in employment contracts, not only because that is in accordance with the general freedom to contract, but also because the Court already ruled (in 2011) that the Federal Arbitration Act favors arbitration and allows companies to set these types of limits (see AT&T Mobility v. Concepcion).

It is expected that the court will hear these arguments sometime in April.

The Connection to Class Waivers

Also at issue in the case is whether the National Labor Relations Act, in prohibiting class waivers, essentially protects workers’ rights to class action lawsuits because it technically protects ‘engaging in concerted activities.’ The answer will ultimately have a strong effect on both employers and employees throughout the nation, as arbitration agreements have become so widespread and the current legal patchwork leaves many confused.

The Law on Arbitration

The Federal Arbitration Act makes arbitration agreements valid, irrevocable, and enforceable. Courts have historically placed arbitration agreements on an equal footing with other contracts because it is a fundamental principle that arbitration is a matter of contract. As a federal law, it also preempts any state laws which declare these types of provisions to be unconscionable.

In 2013, Florida joined 17 other states and the District of Columbia in adopting the Revised Uniform Arbitration Act, ultimately leading to the creation of the Revised Florida Arbitration Code. The revisions addressed who decides the arbitrability of a dispute, the availability of provisional remedies before and during, the court’s’ power to enforce rulings by the arbitrator, the arbitrator’s immunity, and various other procedural matters of arbitration.

Attorneys Working To Protect Corporate Employers and Businesses

As a business owner, any and all issues pertaining to employees and other associates require careful handling and a strong level of both experience and skill.

At HD Law Partners, our Tampa business law lawyers possess the knowledge and experience necessary to help prevent potential problems before they occur, while addressing any current difficulties you may be facing. With over 40 years’ combined experience in representing clients in a variety of types and sizes of businesses, we are strong legal advocates, working aggressively to ensure that your company’s best interests are protected. Contact us today for any legal matters related to commercial litigation, business, defense of judgments (in consumer protection), and corporate law.

Resources:

https://nytimes.com/2017/01/13/us/politics/scotus-mandatory-employee-arbitration.html?mabReward=A1&recp=2&action=click&pgtype=Homepage®ion=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine&_r=0

https://nytimes.com/2017/01/13/us/politics/scotus-mandatory-employee-arbitration.html?mabReward=A1&recp=2&action=click&pgtype=Homepage®ion=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine&_r=0

https://supremecourt.gov/opinions/10pdf/09-893.pdf

https://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0682/0682.html

https://law.cornell.edu/uscode/text/9/chapter-1

child custody

As is the case in general when it comes to family law, courts are always concerned about what is in the best interest of the child when it comes to making custody and parenting/time-sharing arrangements. At the same time, courts, in general, also have to respect the Parental Rights Doctrine, which historically upheld parents’ fundamental right to raise children as they see fit.

Although a decision in 2000 opened the door for states to become more involved in what, exactly, that parental right entails, it is the public policy of Florida that each minor child has frequent and continuing contact with both parents after they separate, and encourage parents to share in their rights and responsibilities.

That being said, there are some circumstances under which a child’s biological father can be denied parental rights. It is crucial, therefore, that if you have a child born out of wedlock or are going through a divorce, you understand how Florida is different when it comes to the concepts of child custody.

Traditional: Legal Vs Physical Custody

Most child custody concepts differentiate between “legal” custody and “physical” custody. Traditionally, legal custody granted the parent the right to make important, binding, long-term decisions, such as those that apply to medical care and education; while primary physical custody described the parent with whom the child spent most of their time with.

Florida: Sole vs. Shared Responsibility

While Florida prefers that parental responsibility for a minor child be shared by both parents, if the court finds that shared responsibility will be detrimental to the child (i.e. if one parent has been convicted of a first degree misdemeanor or higher involving domestic violence and/or meets various other criteria outlined under law), the court can order “sole parental responsibility” and make whatever time-sharing arrangements it deems to be in the best interest of the child. However, even with shared (joint) responsibility, the child will typically have a primary residence.

Alternative Arrangements

Florida courts can also provide for alternative arrangements for a child if it is in the child’s best interest. That can involve more time-sharing with grandparents, or even appointing a guardian for a minor.

Child Support in Florida

Florida has a set of child support guidelines that it follows. The guidelines are roughly based on such factors as the needs of the child, age, station in life, standard of living, and the financial status and ability of each parent.

Advice & Legal Representation in Florida Child Custody Issues

If you or a loved one is involved in a child custody dispute or working on child custody arrangements, contact HD Law Partners today to get the professional legal help you need. Our experienced team of Tampa, Orlando, and Sarasota timesharing and parenting plan attorneys provide strong legal advocacy and ensure that you and your child’s best interests are protected.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

wptv.com/news/region-c-palm-beach-county/west-palm-beach/biological-father-challenges-florida-law-stripping-him-of-parental-rights

Gavel and legal documents

Divorce and child custody issues are already difficult enough without also having to address the issue of relocation after divorce. Depending upon the specific circumstances surrounding the relocation, it could very well affect the amount of time a parent spends with their child. For these reasons, it is important to understand what Florida law dictates when it comes to parental relocation after timesharing and parenting plans have already been finalized.

The Law in Florida on Relocation after Divorce

When one parent plans to relocate, parents often find themselves in court in order to find some resolution, as, especially when that relocation involves long distance, it can be very difficult to come to some consensus on what is best for both the child and the parents. This warrants working with an experienced family law attorney if you are dealing with this issue, as states have different laws in place when it comes to the issue.

Florida law defines relocation as a change in the location of the principal residence of a parent or other person from their principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time any action to establish or modify time-sharing was filed. In order for it to technically be considered relocating, the change of location must be at least 50 miles from the principal residence of a parent (for at least 60 days; in other words, this does not include a simple vacation).

If a parent needs or wants to relocate, they can do so by agreement with the other parent, or by filing a petition with the court. Of course, the other party also has the right to object to the relocation by filing an answer that includes the specific factual basis supporting why the relocation should be prohibited. The court then has the ability to grant a temporary order restraining the relocation or return of the shared child, depending upon the circumstances, if the relocation has not been agreed upon and/or does not have the consent of the court.

In most states—including Florida—it is the best interest of the child which will guide the court’s decision regarding how shared parenting time should be impacted by a relocation. Thus, in making one’s case to the court, each parent must demonstrate how either preventing relocation or allowing it will improve the child’s overall quality of life.

Divorce & Relocation Attorneys Serving Tampa, Orlando, Sarasota, and Surrounding Areas

Parenting decisions–including how often parents can see their children–will have a lasting influence on both the child and their relationship with the parent. If you are dealing with divorce, child custody, and/or relocation issues, working with a caring, professional family attorney is essential.

At HD Law Partners, our family law lawyers Tampa have over 40 years’ combined experience in helping clients navigate Florida’s complex family court system. We put our knowledge, experience, and abilities to use in helping you achieve the desired results in your case. Contact us today for a free consultation.

Resources:

huffingtonpost.com/andrea-moore/moving-after-divorce_b_4460105.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

A new Florida alimony bill was filed on January 21, 2017. Below are some of the biggest adjustments we found made to the alimony bill.

  • Cap on alimony and child support combined: the combined award of alimony and child support should not exceed more than 55% of the payer’s net income. If the combined award exceeds the maximum percentage of the payer’s net income, the court will adjust the child support award to ensure that the cap is not exceeded. (Lines 361-367)
  • Prohibition of changes to duration of alimony: the new bill will prohibit a court from changing the duration of an alimony award. (Lines 453-455)
  • Remarriage: the remarriage of an alimony payer does not allow for a modification of alimony. The financial information for the new spouse will be off limits and inadmissible in court unless one claims that his/her income has decreased since the marriage. (Lines 559-579)

Experienced Florida Divorce and Alimony Lawyers

Are you facing divorce and have questions regarding the new alimony bill? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.

Source: http://m.flsenate.gov/Session/Bill/2017/0283/BillText/__/PDF

HTTP Error 500.30 - ASP.NET Core app failed to start

HTTP Error 500.30 - ASP.NET Core app failed to start

Common solutions to this issue:

Troubleshooting steps:

For more guidance on diagnosing and handling these errors, visit Troubleshoot ASP.NET Core on Azure App Service and IIS.