Interspousal Transfer Deed In Florida – Who Needs To Sign The Deed?
According to Florida case law and statutory law, joinder of a spouse is not required in an interspousal conveyance of solely owned homestead property to the husband and wife as tenants by the entirety: We hold that article X, section 4(c), does not require joinder in...
Can you record a deed after someone dies in Florida?
According to Florida case law, failure to record a properly delivered deed until after the grantor has died has no effect on the deed's validity: Moreover, a deed takes effect from the date of delivery, and the recording of a deed is not essential to its validity as...
What is the Definition of a Design Defect Under Florida Law?
According to Florida law, and Federal Case law, a design defect is defect in a product that causes unforeseen hazards during normal use of the product: The alleged design defect must also cause unforeseeable dangers during normal—that is, intended—use of the product....
Can I recover future economic damages after I fully recover?
According to Florida case law as of the date of this article, even if a car accident victim is not permanently injured, it is possible that the victim can recover future economic damages: "We find no reversible error in any of the issues raised by appellant except for...
What is a dangerous instrumentality?
According to Florida case law as of the date of this article, a lounge chair is not a dangerous instrumentality which is defined as an item that by its nature is reasonably certain to place life and limb in peril when negligently constructed, such as an automobile:...
Is a deed without the names of the grantees void?
According to the case law as of the date of this article, a deed without the names of the grantees is void: "There is no question that under the law the deed which did not contain the names of the grantees was void. 16 Am. Jur., page 483, Section 79; 6 Thompson on...
What are compensatory damages in Florida?
According to Florida case law as of the date of this article, the purpose of compensatory damages is to make an injured party whole to the extent that it is possible to measure such injury in monetary terms: “Compensatory damages are designed to make the injured party...
Is Premises Liability a Form of Negligence?
According to Florida case law as of the date of this article, a premises liability claim is a negligence claim with the added elements of possession or control of the premises, and notice of the dangerous condition: "To prevail on its summary judgment motion,...
Does a store have to ensure the lawful use of a product?
According to Florida case law as of the date of this article, unless there are special circumstances there is no legal duty requiring a store to ensure that a product lawfully sold will ultimately be used by a customer for a lawful purpose: “Ms. Jenkins alleges that...
Can I recover emotional distress damages if no physical injuries?
Generally speaking, the answer is no. According to the case law as of the date of this article the impact rule prevents a car accident victim from being able to recover damages for emotional distress and/or mental anguish that occurred, with no physical injuries...