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Battaglia, Ross, Dicus & McQuaid, P.A. keeps you up to date with the latest Blog in St. Petersburg, FL.

THE LOW DOWN ON REAL ESTATE-WHY YOU NEED A REAL ESTATE ATTORNEY BY YOUR SIDE

Why You Need a Real Estate Attorney by Your Side

An interest in land is called real estate. The term interest the method by which a person deals with land. The person may own land, buy land sell land or lease land. All these terms show that the person has an interest in land. The transaction made to make the interest in land legal is called a real estate contract and once the contract is recorded in government records the person gets title to the land.
Power of Attorney Pitfalls & Pointers FAQ's

Power of Attorney Pitfalls & Pointers FAQ’s

Recently I’ve come across several “durable powers of attorney” prepared by lawyers who do not regularly practice in estate planning or elder law. In some instances, the power of attorney does not allow the agent to perform certain acts that the principal intended; in others, improper execution renders the document entirely invalid. Presumably, this is because the preparer of the power of attorney is not familiar with the major overhaul Chapter 709 of the Florida Statutes underwent in 2011.
We Assist With Hurricane Harvey Property Damage Claims

We Assist With Hurricane Harvey Property Damage Claims

When your property incurs damage, it’s a stressful situation. It’s common to take relief in the fact that you have purchased an insurance policy to cover your damages, should you ever need it. You may think that once you’ve submitted your claim, receiving your money to cover your losses would be a streamlined and dignified process.
Safe School Zones, Safe Students

Safe School Zones, Safe Students

It’s an exciting time in Pinellas County as the students throughout the county head back to school. With it being that time of year though, there are a lot of things that you need to keep in mind to keep everyone safe as the students head to class.
Tropical Storm Emily Inundates Tampa Bay With Rain & Wind

Tropical Storm Emily Inundates Tampa Bay With Rain & Wind

When your property incurs damage, it’s a stressful situation. It’s common to take relief in the fact that you have purchased an insurance policy to cover your damages, should you ever need it. You may think that once you’ve submitted your claim, receiving your money to cover your losses would be a streamlined and dignified process.
Is It Time To Put Some Teeth Into The Resident Agent Statutes

Is It Time To Put Some Teeth Into The Resident Agent Statutes?

It appears that corporate and limited liability company defendants have an advantage over plaintiffs if they are willing to avoid the resident agent statutory requirements or circumvent the requirements by using multiple layers of entity resident agents that have no entity officers or employees present at the resident office.
If A Seller’s Broker Could Be Liable To Purchaser For Fraudulent Non-Disclosure In A Residential Sale, Would A Transaction Broker And/Or A Buyer’s Broker Also Be Liable

When is a Transaction Broker Liable?

The opinion of Goodman v. Rose Realty West, Inc., 193 So.3d 86 (Fla. 4th DCA 2016) indicates that a seller’s real estate agent’s knowledge of defects that materially affect the value of the property which were not readily observable and not disclosed to the buyer could make the seller’s broker for whom the agent worked liable to the buyer.
Changing Sun Biz Information Without The Proper Authority Can Be a Problem You Do Not Want

Changing Sun Biz Information Without The Proper Authority Can Be a Problem You Do Not Want

During marital divorces and business divorces, people occasionally rush to change the information on the Secretary of State’s Sun Biz website without first determining whether they have the authority to do so. Sometimes, the portions of the corporate/LLC records that grant the authority to replace officers, directors, managers, or persons with authority are not reviewed for many years preceding the dispute, even though circumstances have changed since the initial granting of the authority or elections to office. While most business owners are busy running their business, trying to make a profit, dealing with the day-to-day business activities, and other various problems, there is very little time left to review corporate/LLC records. It is easy to just file the annual report without reviewing what authority one has to make the entries that appear in the report.
Reflections on “OJ: Made in America” from a Criminal Defense Lawyer

Reflections on “OJ: Made in America” from a Criminal Defense Lawyer

I recently watched the five-part documentary, “OJ: Made in America”, on ESPN and felt compelled to comment on it.  Was I the only one disappointed by the behavior of the lawyers during the course of the trial?  Notwithstanding the outcome and the evidence, I asked myself, “Is this how our criminal justice system really works?”
Cleaning Up The Dockets: The Judiciary’s Push For The Efficient Practice Of Law

Cleaning Up The Dockets: The Judiciary’s Push For The Efficient Practice Of Law

It is not uncommon in the practice of law for an attorney to timely submit a motion to the court but to allow a substantial amount of time to pass before setting that motion for hearing.  Without a hearing, these motions almost never get decided and the case remains stagnant.  Perhaps this tardiness is a delay tactic or it could just as easily be the result of an honest scheduling conflict. Whatever the case, a recent ruling from Florida’s 4th District Court of Appeals suggests that perhaps attorneys should be more diligent in ensuring that their motions are timely set for hearing.
Looking for a Reason to Select a Member-Managed or a Manager-Managed LLC

Looking for a Reason to Select a Member-Managed or a Manager-Managed LLC?

Sometimes it is difficult to decide whether to select a Member-managed or a Manager-managed LLC or to answer a client’s questions on why to select one over the other.  For a multi-member LLC, one reason to consider is the difference in the rules that apply to a request of a member to inspect books and records of the LLC.

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