Author Archives: Jay Butchko
Forum Selection Clauses and Your Florida Civil Lawsuit
Many Florida contracts contain forum selection clauses. This is essentially language designating a specific court and location where any legal disputes arising under the agreement will be heard. Florida law recognizes both permissive and mandatory forum selection clauses. A permissive clause means the dispute can be heard in the designated court but does not… Read More »
Filing a Civil Lawsuit in Sarasota: Key Deadlines and Steps You Need to Know
When filing a civil lawsuit in Sarasota or Bradenton, timing and procedure matter just as much as the facts of your case. Missing a deadline or skipping a required step can delay your claim, or even shut the door on it entirely. Whether you are dealing with a contract dispute, a property issue, or… Read More »
Can You Disinherit an Adult Child in Florida?
In a recent case, Pawley v. Estates of Wallace, the Florida Third District Court of Appeals rejected a man’s attempt to challenge the wills of his late parents, who died in 2019 and 2020, respectively. Both wills disinherited the man, meaning he received nothing from either of his parents’ probate estates. The reason for… Read More »
Clickwrap vs. Browsewrap Agreements: What You Need to Know About Online Terms of Service
When purchasing goods and services online, you often see links or pop-up boxes referring to a “terms of service” agreement. Sometimes the website requires you to click a box stating that you have read and accepted these terms. In other cases, there may just be a link to a terms of service page that… Read More »
Can I Use a “Penalty Clause” to Prevent a Contest to My Florida Will or Trust?
Creating a trust or will allows you to direct the disposition of your assets upon your death. A common benefit of such estate planning is that it minimizes the potential for conflicts, and potentially litigation, among family members who believe they have a valid claim to a deceased loved one’s property. That said, some… Read More »
How Ambiguous Terms Can Affect Your Rights Under a Florida Contract
Florida business contracts are often long, complex documents that contain multiple provisions designed to define the rights and obligations of the parties involved. Even the most carefully drafted contract, however, may still contain certain “latent ambiguities.” That is to say, there may be terms in the deal susceptible to more than one interpretation. This,… Read More »
What Is an “Illusory Contract” in Florida?
A contract requires an exchange of obligations. When a purported agreement only imposes obligations on one party but not the other, a Florida court may decline to enforce what is essentially an “illusory” contract. That does not mean that a contract must impose equal obligations on all parties. But every party must have some… Read More »
“Interested Persons” and Florida Probate Litigation
An important concept in Florida probate law is the “interested person.” Essentially, an interested person is someone who has certain legal rights with respect to the administration of a will and probate estate. Depending on the nature of the estate, there may be many interested persons, including individuals who may not realize they enjoy… Read More »
False Advertising in Florida and the Lanham Act
Trademarks provide valuable protection for a Florida business’ name and branding. The Lanham Act, the principal federal statute governing trademarks, allows a trademark holder to sue anyone who uses their mark in “false or misleading advertising” to sue and collect damages. Florida’s Deceptive & Unfair Trade Practices Act (FDUTPA) provides similar protections at the… Read More »
Can You Seek Punitive Damages for a Breach of Contract in Florida?
In Florida personal injury cases, a judge or jury can award punitive damages in exceptional cases where there is “clear and convincing evidence” that the defendant committed intentional misconduct or gross negligence. Put differently, punitive damages are meant to punish especially reprehensible behavior that goes above and beyond ordinary negligence. That is why such… Read More »