News

Now that the election is finally over, one interesting legal mechanism to discuss is called a writ of “Quo Warranto.” This is a rarely used, yet still significant procedure, which is generally used to challenge the authority of a public official. This process exists for both federal and Florida state...

ARBITRATION CLAUSES: ARE THEY RIGHT FOR ME?

Oct 04 2019

Xander Law Group

One popular topic in business law is arbitration clauses. Arbitration clause in contracts allow disputes to be resolved through arbitration, as opposed to the court process. Arbitration is a private process which tends to be far less formal than the court process. Arbitration is generally far more efficient than the...

OPERATING WITHOUT AN OPERATING AGREEMENT? THINK AGAIN.

Sep 01 2019

Xander Law Group

You decided to form a business with someone else, or are bringing an investor into your business. Do you have a document governing the relationship between the two of you? If not, you should. Depending on the type of business entity you are operating, this document can go by many...

EXTRA TIME FOR FORECLOSURE ACTIONS…WITH MORE TO COME

Aug 05 2019

Xander Law Group

EXTRA TIME FOR FORECLOSURE ACTIONS…WITH MORE TO COME On January 6, 2016, the Florida 4th DCA ruled that a voluntary dismissed foreclosure action does not bar subsequent actions and acceleration based upon different events of default. Thus, any acts of default still within the statute of limitations may be raised...

YOU ARE SERVED!

Jul 02 2019

Xander Law Group

YOU ARE SERVED! In Cramer v. Bank of America, N.A., No. 4D15-1242 (December 16, 2015), the 4th DCA refused to extend immunity from service of process for an out-of-state resident while attending a court proceeding in a related matter, as found as found in Lienard v. DeWitt, 153 So. 2d...

NON-COMPETE CLAUSES ARE NOT GONE!!

Jun 01 2019

Xander Law Group

Though there has been a recent trend in the Court to not enforce non-compete clauses that are incorporated in employment contracts, a recent ruling from the 4th District Court of Appeals (“DCA”) in December went against it. In Mederi Caretenders Visiting Services of Southeast Florida, LLC and Almost Family, Inc....