First District Court of Appeal Weighs in on Unresolved Lender Liability Question and Statute of Limitations Issue http://t.co/qmyqPdPNIw
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For the first time a Florida appellate court has decided whether section 713.3471, Florida Statutes, provides a contractor’s sole remedy against a lender that has ceased advances on a construction loan. The First District Court of Appeal took up this issue of first impression in Jax Utilites Management, Inc. v. Hancock Bank, No.1D14-664, 2015 WL 1809322 (Fla. 1st DCA 2015) while also addressing pertinent statute of limitations issues relating to equitable lien actions.May 1, 2015
Florida’s Statutes and Rules of Procedure provide a mechanism by which parties may offer to settle cases, and in the process potentially create an entitlement to recover attorney’s fees. The mechanism is through service of what are commonly called proposals for settlement or offers of judgment. Predicting the enforceability of joint proposals for settlement and offers of judgment under current Florida law, however, can be somewhat challenging. Exhibit “A” supporting this statement could be the trial court, appellate court, and Florida Supreme Court decisions in the Pratt case.April 22, 2015