Boyer Law Wins $4.8 M Judgment Reversal on Appeal

In a case with international “flavor”, I argued that a $4.8 million dollars judgment entered against my clients was improper. My clients were living in France and were at that stage not defending the lawsuit.

My clients were notified by regular mail of the final hearing to introduce evidence to determine the amount of damages that they would have to pay. However, the plaintiff mailed the notice only 10 days ahead of the hearing. Obviously, my clients did not receive the notice by mail until after the judgment was entered after the hearing.

The mail between the U.S. and Europe is still unreliable. It still gets lost. At any rate, when and if it arrives, it takes between 3 to 6 weeks.

I was hired to conduct the Appeal. I am glad that the three judges on the Court of Appeals all agreed on my theory of the case.

If you need any help on a similar matter, please contact a Florida attorney at Boyer Law Firm. You only have 30 days to file for a Notice of Appeal.

South Florida: Coldest in 115 Years

“Floridians, who giddily track winter weather reports from the North, woke up Monday prepared to revel in their snow-free sidewalks and high-Fahrenheit fortunes. Another meteorological bullet dodged, chirped the snowbirds.

Then they opened their front doors to a comeuppance: a bone-chilling blast in the 30s, from Fort Lauderdale to Jacksonville, that has become the new and depressing norm here this December.”

This is true, I even had to turn on the heater. It was 35 degrees at 10:30 this morning.

““It’s shocking, actually,” said Dorothy Lee, 51, as she crossed a windswept street, weighed down by three layers of shirts, a coat, a hat and gloves. “And don’t forget the stockings on my legs,” she added, grimacing. “This is not why people move to Florida.””

Miami is experiencing its coldest December in 115 years, according to the local branch of the National Weather Service, where employees have exhausted their thesauruses trying to describe the anomaly. (One of them, Dan Gregoria, settled on this: “very rare.”)

This time of year, the temperature in Miami usually reaches 77. On Monday, the mercury stopped 20 degrees below that, at 57, and it felt even frostier with the wind chill factored in.”

Read more from the New York Times.

Some Florida Incorporation Mistakes

Neglect the paperwork. To create a legal corporate entity, articles of incorporation are filed with your state. But this is only the first set of paperwork your attorney must process. You still need to have an organizational meeting where you elect the board of directors (which in some states, like Florida, can be just you), approve corporate bylaws, and authorize the issue of capital stock. After that, you’ll need to have a board meeting to elect officers and make some needed corporate resolutions (such as authorizing the newly elected officers to open bank accounts). All of this minutia must be documented minutes from meetings, consents in lieu of meetings, and so on and so forth. This extra paperwork is often missing when incorporating on your own, but if you don’t do it, the IRS might view your corporation as a sham and you will lose the limited liability protection.

Skip over a buy-sell agreement. A buy-sell agreement describes what happens if a shareholder (or his heirs) wants to sell shares. Basically, the agreement specifies who must buy the shares and at what price. These arrangements can get complicated, particularly as the number of shareholders increases. But the logic is straightforward. If something causes a shareholder to sell his shares, it’ll make things a lot easier if there’s a plan that says how the sale is supposed to work.

Use your personal bank account. If the new corporation doesn’t keep separate financial records, it may not be viewed as a separate entity by either the state or the IRS. (In this case, there would be no limited liability and no income tax benefits.) You’ll also want to keep professional financial records– records that show you don’t mix shareholder funds, such as your personal checking account, with corporate funds. Otherwise, you could threaten the identity of your corporation, and the IRS could challenge you for commingling of funds.