When the tenant’s business is made illegal during the term of the lease, the tenant’s business is likely to disappear altogether, leading to a likely default. What that means for the landlord and tenant may come down to drafting.Read More

We’ve helped commercial real estate and leasing brokers deal with many mistakes over the years. Here are ten to avoid.Read More

Taxpayers must remember that filing a lawsuit to challenge your county property appraiser’s valuation of your property, or denial of an exemption from ad valorem taxes, does not get you out of paying while the suit is pending. What happens, though, when the lawsuit covers one tax year but goes on for more than one?Read More

Once you have filed your complaint seeking damages for breach of a lease or guaranty, you are required to serve the party from which you are seeking relief. But what happens when you are having difficulty serving the breaching party because they are either intentionally avoiding service or they have moved out of state?Read More

Because she won the case by claiming she wasn’t a party to the mortgage, she had no right to rely on that mortgage’s fee provision.Read More

Does a marina serve a public purpose? Does it matter if the marina is owned by a city or a private business owner?Read More

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) prohibits unfair, deceptive, and unconscionable actors or practices in the conduct of any trade or commerce—including the purchase and sale of real estate.Read More

Even well-drafted partnership and operating agreements often relegate one key topic to boilerplate language: how to remove a manager of the business when the partners disagree on how it is being run.Read More

Florida’s foreclosure statute expressly provides that both foreclosure and deficiency proceedings are the province of the court, not a jury. (Section 702.06, Fla. Stat.)Read More

It’s a common commercial landlord-tenant showdown – a tenant accuses its landlord of failing to make repairs and threatens to withhold rent. But can a tenant legally do that?Read More

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Shutts & Bowen, established in 1910, is a full-service business law firm with approximately 270 lawyers located in eight offices across Florida.

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