Over the years, there has been considerable litigation over whether or not a construction lien in Florida has been timely filed. As construction projects increase in number, many expect there to be an escalation in construction lien filings. Construction participants, such as contractors, subcontractors, material suppliers, engineers and surveyors, have a short window of opportunity to perfect their construction lien rights. Florida’s Construction Lien Law requires a lienor to record a construction lien within 90 days from the last date that it furnishes labor, services or materials. This deadline is referred to in the lien law as the “final furnishing.”
So, the aggrieved shareholder or member of a closely held company has brought an action against your clients, the directors or managing members of a closely-held company, claiming, among other things, that your clients breached their fiduciary duty to the company and the aggrieved shareholder or member. The courts have made it clear that this type of claim should have been brought as a derivative claim, not a direct claim. Should you let it go?
On March 7, 2016, the Florida Senate, in a 28-11 vote, approved a House version of a medical marijuana bill (HB 307) which would allow terminally ill patients who are within the last year of their lives to use non-smokable medical marijuana of all strengths and doses.
It is inevitable. When co-owners (whether members of a limited liability company or shareholders of a corporation) split-up or reach the split-up point, one inevitably thinks the other or others have wronged him, that the other or others have breached their fiduciary duty to him. Beware. Two fairly recent cases from Florida appellate courts make it clear that such claims may not be available.