Fort Ogden Land Use & Zoning Lawyer, Florida
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Geri Lynn Hallerman Waksler
Land Use & Zoning, Real Estate
Status: In Good Standing Licensed: 33 Years
309 Tamiami Trl, Punta Gorda, FL 33950
Profile LAWPOINTS™34/100
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Michael Phillip Haymans
Commercial Real Estate, Land Use & Zoning, State and Local, Administrative Law
Status: In Good Standing Licensed: 41 Years
215 W Olympia Ave, Punta Gorda, FL 33950
Profile LAWPOINTS™34/100
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326 W. Marion Ave., Punta Gorda, FL 33950
Profile LAWPOINTS™34/100
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Edward Lee Wotitzky
Commercial Real Estate, Land Use & Zoning, Estate Planning, Business
Status: In Good Standing
1107 W Marion Ave, Punta Gorda, FL 33950
Profile LAWPOINTS™34/100
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Susan Patrice Schoettle
Other, Land Use & Zoning, State and Local, Elder Law
Status: In Good Standing Licensed: 30 Years
18099 Deer Prairie Dr, Bradenton, FL 34240
Profile LAWPOINTS™24/100
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LEGAL TERMS
SUBLEASE
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.
NOVATION
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.
COMMERCIAL FRUSTRATION
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can bre... (more...)
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.
UNJUST ENRICHMENT
A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return ... (more...)
A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return the property to the rightful owner, even if the property was not obtained illegally. Most courts will order that the property be returned if the party who has suffered the loss brings a lawsuit.
USE TAX
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.
BOND
(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in ... (more...)
(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in court, providing good title to a piece of real estate or completing a construction project. If the person who purchased the bond fails at his or her task, the bonding company will pay the aggrieved party an amount up to the value of the bond. (2) An interest-bearing document issued by a government or company as evidence of a debt. A bond provides pre-determined payments at a set date to the bond holder. Bonds may be 'registered' bonds, which provide payment to the bond holder whose name is recorded with the issuer and appears on the bond certificate, or 'bearer' bonds, which provide payments to whomever holds the bond in-hand.
NONCOMPETITION AGREEMENT
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party ... (more...)
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party for a specific period of time and within a particular area. Salespeople, for example, often sign noncompetition agreements that prevent them from using the contacts gained by one employer to benefit another employer. Or a salesperson may sign what is known as a 'noncompete,' agreeing not to sell within a particular area, or even work in the same type of business. In some states, such as California, courts view noncompetition agreements with disfavor and will not enforce them unless the restrictions are very narrow. In other states, courts routinely uphold them.
HOLD HARMLESS
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the fir... (more...)
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord's failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings.
QUANTUM MERUIT
The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.
SAMPLE LEGAL CASES
Citrus County v. Halls River Development
... the Halls River property classification from MXU to CL in the Plan and on the Generalized Future
Land Use Map ("GFLUM"), the map that shows future land uses under the Plan, it unfortunately
did not update the property's designation in the LDC or the LDC zoning maps. ...
Keene v. Zoning Bd. of Adjustment
We review a final judgment in favor of the Zoning Board of Adjustment of Putnam 666 County
(the Zoning Board) and Ronald and Ossie Wilson (the Wilsons) rendered in the declaratory judgment
suit filed by Harold Keene challenging the decision of the Zoning Board to grant the ...
RICHARD ROAD v. MIAMI-DADE BD. OF COM'RS
... Richard Road Estates, the owner of real property in southwest Miami-Dade County, seeks second
tier certiorari review of a circuit court appellate division decision affirming the refusal of the
Miami-Dade County Commission to grant a change in zoning of the petitioner's property ...
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