Month: April 2025

We are proud to announce we have been selected for a national recognition and award by Elite Lawyer.  We work hard to assist our clients in family law, divorce, and civil litigation cases including accidents and injuries cases and appreciate the recognition for our efforts and success in doing so. Call us so we can put our experience to work for you.

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The Elite Lawyer Advisory Panel reviews, rates, and evaluates attorneys based on their legal history, experience, and reputation to ensure they are Elite Lawyer material. Gathered from a variety of resources, including both online and print publications and databases, some of these factors carry more weight than others.

The Award’s criteria is based upon several indicators of professional achievement, reputation, commitment to community, and legal competence, including:

• Legal experience
• Settlements and verdicts
• National or local honors and/or awards
• Special licensing, credentials, and certification
• Service/commitment to their community
• Service/commitment to the legal profession as a whole
• Memberships and positions held
• Bar activity
• Years in practice
• Professional reputation
• Education/employment
• Position held within a law firm
• Any additional achievements or experience deemed relative by the Advisory Panel

 

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Under Florida law it is best to have a signed contract in writing but an oral contract or a written contract without a signature can still be enforceable depending on the facts of the case.  Call us and we can discuss your contract and its enforceability.

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It “is a threshold question of law for the trial court.” to determine if a contract exists. L & H Constr. Co. v. Circle Redmont, Inc., 55 So. 3d 630, 634 (Fla. 5th DCA 2011). To prove the existence of a contract under Florida law a party must prove: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specificity of the essential terms. Kolodziej v. Mason, 774 F.3d 736, 740–41 (11th Cir. 2014) (citing  Joe Corp. v. McIver, 875 So. 2d 375, 381 (Fla. 2004).

A contract can be binding on a party despite the absence of a party’s signature. Gateway Cable Television, Inc. v. Vikoa Constr. Corp., 253 So. 2d 461, 463 (Fla. 1st DCA 1971) (“The object of a signature is to show mutuality or assent, but these facts may be shown in other ways, for example, by the acts or conduct of the parties.”). 

“In absence of a signature, the courts look to a party’s words and conduct to determine whether the party assented to the agreement.” Fi-Evergreen Woods, LLC v. Robinson, 135 So. 3d 331, 336 (Fla. 5th DCA 2013) (citing W. Gay Enters., Inc. v. John Hall Elec. Contracting, Inc.,792 So. 2d 580, 581 (Fla. 4th DCA) (holding that by their words and conduct, the parties assented to the terms of the contract).

Florida courts uniformly hold that performance under a contract constitutes assent. See Integrated Health Servs. of Green Briar, Inc. v. Lopez-Silvero, 827 So. 2d 338, 339 (Fla. 3d DCA 2002) (holding that an unsigned contract was valid and binding because, although the defendant nursing home did not sign it, it “acted as if they had a valid contract” by providing the plaintiff care for over two months); L & H Construction, 55 So. 3d at 634 (finding party who did not sign agreement “clearly accepted the proposal by its actions, i.e. paying the initial $5,000 deposit and the two subsequently invoiced $15,000 payments”); see also Sundial Partners, Inc. v. Atl. St. Cap. Mgmt. LLC, No. 8:15-CV-861-T-23JSS, 2016 WL 943981, at *5 (M.D. Fla. Jan. 8, 2016) (collecting cases), report and recommendation adopted, No. 8:15-CV-861-T-23JSS, 2016 WL 931135 (M.D. Fla. Mar. 11, 2016) (enforcing unsigned agreement to arbitrate, where party (i) confirmed receipt of the agreement; (ii) reviewed the agreement; (iii) never objected to the arbitration provision; (iv) never mentioned any concerns with the agreement; and (v) performed under the agreement).

Parties who do not sign a contract can be bound by it if  both parties perform under the contract. See James Register Constr. Co. v. Bobby Hancock Acoustics, Inc., 535 So. 2d 339, 340 (Fla. 1st DCA 1988). In James Register, the parties entered into a construction contract, but neither party signed it. Id. at 339–40. Both parties completed the construction, and the subcontractor filed suit. Id. at 339. The trial court awarded the subcontractor a portion of the general damages sought and a reasonable attorney’s fee.

Call us to discuss the contract and circumstances in your case.

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In Florida, child custody decisions are based on the best interests of the child, as outlined in Florida Statute Section 61.13.

The court considers various factors, such as the child’s physical, emotional, and developmental needs, the ability of each parent to provide a stable environment, and the history of parental involvement.

As of July 1, 2023, Florida law includes a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. 

The presumption of equal time-sharing in Florida is established under Florida Statute Section 61.13. This statute was amended to include a rebuttable presumption that equal time-sharing is in the best interests of the child, effective July 1, 2023.

This means the court starts with the assumption that equal time-sharing is ideal, but this can be challenged if evidence shows it is not suitable for the child.

Factors like parental fitness, distance between homes, and the child’s specific needs are considered to determine whether equal time-sharing is appropriate.

If you have questions about custody and time-sharing call us and we can discuss your situation.

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In a Florida, the division of property and assets during a divorce follows the principle of equitable distribution. This means that the court aims to divide marital property in a manner that is fair, though not necessarily equal. Here’s a breakdown of how it works:

1.  Marital vs. Non-Marital Property

• Marital Property: Includes assets and debts acquired during the marriage, regardless of whose name is on the title. Examples include jointly owned homes, retirement accounts, and income earned during the marriage.

• Non-Marital Property: Includes assets owned by one spouse before the marriage or acquired individually through inheritance or gifts. However, if non-marital property is commingled with marital assets (e.g., using marital funds to improve a home owned before marriage), it may be treated as marital property.

2.  Factors Considered in Distribution

Florida courts consider several factors when dividing property, such as:

• The duration of the marriage.
• Each spouse’s economic circumstances.
• Contributions to the marriage, including homemaking and child-rearing.
• Any intentional waste or dissipation of marital assets by either spouse.

3. Equitable Does Not Mean Equal

• While the starting point is often a 50/50 split, the court may adjust this based on the circumstances. For example, one spouse might receive a larger share if they have primary custody of children and need the family home.

4. Debts and Liabilities

• like assets, marital debts are divided equitably. This includes mortgages, credit card debts, and loans acquired during the marriage.

5. High-Asset Divorces

• In cases involving significant assets, the process can become more complex. Forensic accountants and appraisers may be involved to determine the value of assets and ensure a fair division.

If you are navigating a divorce in Florida, consulting with a qualified attorney is crucial to protect your rights and ensure a fair outcome.

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