Uniform Partition Of Heirs Property Act
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando Effective July 1, 2020, this new statute essentially provides a right of first refusal, allowing heirs property cotenants to purchase the property interests of cotenants seeking partition before the property is divided or sold. The law requires a court to determine the fair market value of the property, either through...Read More
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Curing/Correcting Minor Errors In Deeds
Effective July 1, 2020 deeds containing scrivener’s errors that convey title to the intended property as if there had been no error if: – the grantor held record title to the intended property at the time the deed containing the scrivener’s error was executed, – the grantor or the erroneous deed did not hold title to any other real property in the same subdivision,...Read More
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Contracting In The Age Of Coronavirus And Force Majeure: A Roadmap To Resolution
Since the COVID-19 situation has developed, our office has fielded questions from real estate agents, business owners, brokers, and clients as to how the pandemic will affect certain contractual rights and obligations. Force Majeure is a concept in contractual law which allows for the non-performance of certain contractual obligations. Specifically, force majeure enables a party...Read More
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Florida’s Newlywed Documentary Stamp Exemption
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando As you may be aware, Florida has a documentary stamp tax on the transfer of deeds. The tax is calculated at the rate of .007 times the purchase or value of the property. Newlyweds should consider adding their spouse to their real property. Now, under Florida statutes, there is no documentary stamps due on...Read More
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Would You Rely On Google To Diagnose Heart Disease?
By: David Berman, Esq., of Barry L. Miller, P.A., Offices Orlando If you had chest pains would you trust the internet to diagnose your symptoms and provide proper treatment? If your car breaks down would you rely on YouTube videos and try to fix it yourself? If you were being audited by the IRS, would you use TurboTax to protect your financial interests? Of course you...Read More
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PRESERVATION OF ERROR AND COMPLETION OF THE RECORD: A BRIEF GUIDE FOR TRIAL ATTORNEYS IN BUILDING A SUCCESSFUL CASE ON APPEAL.
By: Christian C. Walters, Esq. of Barry L. Miller, P.A., Offices Orlando. Many new trial attorneys know that a successful case may often result in an unavoidable appeal. Judges, like attorneys, are human and can make mistakes. Similarly, there may arise some ambiguity in the law of decision which warrants further...Read More
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