Florida Contract Lawsuits
Be careful what you are asking for if you are involved in Business or Probate litigation regarding the damages you are seeking or the relief you are seeking from the court.
Picking your poison, what are you seeking in damages or relief from that court. Hello, my name is John Panakuski I’m a litigation attorney with Pankauski Hauser in West Palm Beach. The lawyers in our firm handle matters throughout the sunshine state. Are you involved in contract or business litigation, if you are, talk to your litigator very carefully about the damages you seek or the relief you are seeking from the court. Why? There is a very recent Jan 2018 contract lawsuit case that deals with remedies. Whether you are seeking damages under a contract or you are seeking rescission of a contract. Be careful, because in one instance you may be able to recover attorney fees and in another you may not be able to. What do you need to be careful of? Well, do you elect rescission of the contract, or you saying I want to rescind that contract, it’s void or invalid and there is no contract. Be careful that has it’s own implications including if there are attorney fee provision for the prevailing party in that contract that you say is invalid, you are going to have to rely on a statute to get your attorney fees most likely. On the other hand, if you are saying that the contract is valid and you want some remedy under that contract that the parties have predetermined or some element of damages from a breach of that contract, you might be able to get attorney fees, If for example there is a prevailing parties attorney’s fee provision in that contract. So talk to your contract lawyer here in Florida about what you are seeking from the court and read the DFG Group LLC case. It’s out of the 4th District Court of Appeal here in Palm Beach. It was issued Jan 24th 2018 and you can read it for free by going to the 4th DCA website, clicking on opinions and scrolling down to the date.