Florida Breach Of Contract Legal Questions

Not necessarily. Many finance agreements have what is called an acceleration clause in which theycan declare the entire amount owed on the loan due. At a minimum you will also likely have to pay any late fees, penalty and repo charges before your finance company would agree to a voluntary reinstatement. ... Read More

Billing for classes not registered for or taken is probably a valid issue and maybe a violation of the collection practices acts. Not offering certain classes is a not likely something thats easily pursued unless they promise acreditation or degree qualified for specific licensure whcih they can't deliver.... Read More

Most likely not. Unfortunately, it is very very difficult to hold third parties legally responsible for your own addictions. Adding to this, if its the Seminole Tribe, they are not subject to state laws and you would beon tribal lands and most likely subject to tribal law which would complicate things further. ... Read More

The first thing to figure out it whether its worth spending money to enforce that contract. If the songs are soon to be platinum record worthy hits, securing the full rights would be a necessary venture. If not, you'll have to make a decision about the expense of a contract lawsuit to enforce theterms and condition (called specific performance). Adding to this, the ability to get any money back is entirely dependent on the other persons actual ability to pay.... Read More

To be clear, ‘will they win’ is different than ‘do they have a case.’  I don’t know whether they will win or not, but it sounds like there’s enough there for a lawsuit against you for a breach of contract.  For that, I’m seeing that there was a contract, deposit, performance initiated and then a breakdown of the contract.  They are going to allege they were doing everything the contract called for and you breached the contract by deciding not to tender the $27k and go through with the sale.  Now, that said, sounds like you’ve got a defense.  However, without seeing the contract it is hard to say the strengths or weaknesses of either party’s stance.  Also, I’m not sure what assets and liabilities were involved with the sale.  For future reference, in my experience, having an attorney involved in a buy/sale of a business for a couple grand will save you these headaches and help get you set up on the right path.  In any case, this is a serious issue because depending upon the contract provisions, they could have an attorney seek specific performance against you (that is, make you go through with the sale) or, perhaps more likely, they sue you for damages resulting from your backing out of the sale.  I would highly suggest consulting a business litigation attorney as soon as possible with the contract in hand.  Unfortunately, this venue does not lend itself to a discussion of all possible contingencies, and it also doesn’t provide the confidentiality of a lawyer’s office.  Act sooner rather than later.... Read More

Neither.  If you can't agree with the insurance company on any aspect of your claim - how much your furniture was worth, how much their value was reduced or how much it would cost to restore or replace the furniture, how much of your damages are covered by the policy and how much be a deductible or other reduction, the extent to which your damages were caused by a covered event versus cause that is not covered, etc. - you will have to assert your claim in court (or arbitration, depending on what the policy provides) and the judge or jury (or arbitrator) will decide the issues.... Read More

When you say you have paperwork proving you gave him the $100,000, I really hope that means you drew up a contract.  Were these investments shared?  Was he holding himself out to you as some kind of stock broker?  If the money was to be put toward an investment, it should have been put towards an investment (or investments).  It is really hard to give detailed directions without, well, more details.  It sounds like you may have a cause of action against your ex-boyfriend; however, the exact nature I can’t determine without many more details about the situation.  If he just absconded with the money, that’s problematic.  And if he can’t tell you which investments he’s put the money into, well, that’s also problematic.  Finally, the last consideration is whether he considered the money a gift (of course, that seems a little far fetched given the amount, but still a consideration).  Essentially, if you had a contract/agreement that this $100,000 was to go to certain investments and it didn’t (or it didn’t go to any investments), you should have a cause of action for the money.  If it is just the information you want, sounds like you should have access to that info as well.  Unfortunately, without seeing a contract or having more information, I really can’t say for sure.  I would highly advise sitting down with an attorney to see exactly where you stand and what options you have available.... Read More

You may be able to recover this money, but to do so you will have to sue either your mother, your uncle, or both.  Besides the obvious family ramifications of doing so, you should also consider whether either of them has the resources to pay you even if you win your suit, and also whether you are likely to get the money as an inheritance if you don't sue. If your mother loaned the money to your uncle, and he never repaid it, you can sue him (I'm assuming that, like New York, the statute of limitations in Florida would be tolled while you were a minor; in that your mother is certainly, and your uncle may be, your fiduciary, the limitations period could be tolled for other reasons as well).  If your mother made an investment, however, which simply never panned out, your uncle may (assuming that he used the $200,000 properly to try to make the movie but was simply unable to do so), would have no obligation to return the money (leaving aside whether, if your mother did something wrong and your uncle knew about it, he could be liable.)  For example, if your mother had bought a  half-interest in a house with a neighbor for investment purposes, and the value of the house declined to where they could not sell it for as much as they paid, your neighbor would have no responsibility to repay any money.  However, if your mother had simply loaned the neighbor the money to buy the house, the neighbor would be obligated to repay the loan whether he/she made money on the house or not. As for your mother, assuming that there were no express restrictions placed by your father on how your mother could use the money (for example, if your father left the money in a trust which could only be used for your education), your mother had the right to use the money.  However, as the trustee of your funds, she was obligated to act prudently and in your best interests.  For example, she could buy blue chip stocks, and would have no liability even if, despite her reasonable belief that the stocks would be successful, they lost money.  However, investing in a movie to be made by an inexperienced filmmaker (as I assume your uncle was), or even lending money to your uncle if  his only source of money to repay the loan was from the success of his movie, may not have been prudent, and she could be liable to you for breach of her fiduciary duty.  If your uncle, who (as a family member) could also be deemed to owe you a fiduciary duty, knew that your mother was not acting properly, and went along with it, he could be liable to you on that basis as well.... Read More

Start with the contract itself – does it have a paragraph, likely toward the end that specifies where a lawsuit is to be filed?  If not, you look to the Florida statutes.  Was the photographer set up as a business entity?  If so, according to Florida Statutes 47.051, you may file the action “only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located.”  From your stated facts, if we’re dealing with a corporate entity, you can bring it where there’s an office or where the wedding was held.  If the photographer is just an individual, then according to Florida Statutes 47.011 you can bring the action either in the county where she lives or where the cause of action arose (i.e. where the wedding was held).  Since you’re bringing the suit, you can choose.  Frankly, absent a contract provision dictating the venue, I’d bring the action in the county in which she resides.  Saves any chance she’ll try to argue wrong venue.... Read More

Depends on the situation with the paperwork in the divorce. However, generally the divorce decrees are only in regard to the parties and thier obligations for each others debt to each other, not the creditors. If he refuses to pay, you will likely have to sue him in court for breach of contract, get a judgment against him. etc.... Read More