When mediating a case in which attorney’s fees and costs are available to the prevailing party, each side should come to the mediation with an up-to-date accounting of their attorney’s fees and costs. Failing to have an up-to-date accounting will often “tilt” the other side who may have come to the mediation in good faith, [...]
There is good news for clients with family members or other beneficiaries who are disabled or chronically ill. The Setting Every Community Up for Retirement Enhancement (SECURE) Act was integrated into the Further Consolidated Appropriations Act of 2020. The SECURE Act has been big news in the special needs planning community, as it carved out [...]
"All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence." — Martin Luther King Jr. Everyone here at Gibbons | Neuman wishes you and your family a safe and happy Labor Day weekend.
We often hear the phrase “settlement authority” at mediation. What does this really mean? Florida Rule of Civil Procedure 1.720(b) requires (unless otherwise permitted by the Court or stipulated by the parties, in writing) the following to attend mediation: (1) a party or a party representative having full authority to settle without further consultation, (2) [...]
It’s late in the day and the mediation negotiations have stalled. What do we do; give up or push on? The following are some of my solutions for “Breaking the Impasse”: Challenge the parties on their positions. Are they being reasonable? Are there better alternatives to declaring an impasse to the mediation? Ask the [...]
Gibbons | Neuman wishes everyone a happy Fourth of July! Stay safe and stay healthy. “Liberty, when it begins to take root, is a plant of rapid growth.” —George Washington
Everyone at Gibbons | Neuman wishes you and your family a happy and safe Memorial Day weekend. "As we set today aside to honor and thank our veterans, let us be mindful that we should do this every day of the year and not just one." –Beth Pennington
Buyer closes on a home purchase in December. The prior owners held title for thirty years and occupied the property as their homestead. Tax pro-rations are based on last year’s taxes in the amount of $3,000.00 (this is the custom and practice in the industry). Both parties sign a re-proration agreement agreeing to adjust tax [...]
In light of the Covid-19 pandemic, does the Force Majeure clause allow a Seller or Buyer to back out of a Florida residential real property contract? Whether you are a Buyer or Seller, numerous contracts will be canceled or delayed due to the Covid-19 pandemic. In many instances, one of the parties will argue [...]
FINANCIAL ASSISTANCE FOR BUSINESSES AFFECTED BY COVID-19 PAYCHECK PROTECTION PROGRAM COVID-19 has caused substantial economic hardship for almost every business. The CARES Act, which became law on March 27, 2020, through its Paycheck Protection Program, also referred to as the Payroll Protection Program (“PPP”), provides significant financial help for small businesses, including businesses [...]
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