HD Law Partners Blog

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.

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.

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.

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.

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).

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

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:

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.

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).

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.

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.

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).

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.

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

Posted in Alimony, Divorce |

Recently, the 11^th Circuit Court of Appeals upheld a ruling in support of an insurance company, clarifying the importance of what evidence is required in order to prove that a claimant has suffered from a permanent injury.

The bad faith case filed in the Middle District of Florida involved an insurance claim originally filed against Geico in 2009 for allegedly failing to provide the claimant—Catherine Cadle—with the maximum payout/settlement under her motorist policy for injuries she was supposedly suffering from due to a 2007 car accident. Geico responded that Cadle had failed to provide sufficient evidence that she actually suffered from a permanent injury.

Permanent Injuries

In claims involving allegations of permanent injuries, an insurer is entitled to rely on the documents provided by the claimant’s attorney; however, reliance on these documents cannot amount to bad faith (in other words, a court will not hold that an insurance company acted in bad faith in only relying on the documents provided by the plaintiff and failing to do their own investigation).