Corporate Divorce & Dissolution

toates Business Law

Proper planning for the succession of the business or buy-sell arrangements are an essential part of starting a business. Benjamin Franklin had it right; an ounce of prevention is better than a pound of cure. The attorneys at Oates & Oates can counsel you in the proper way to protect your business from the foils of lack of planning. We look forward to sharing our knowledge and experience in the before and after effects of business planning with you.

Restrictive Covenants: Non-Compete versus Non-Solicitation

toates Business Law

Restrictive covenants, non-competes and non-solicitations, are a practice area that the attorneys at Law Offices of Oates & Oates, P.A. have much experience. Whether you are the employer or employee you should seek the advice of knowledgeable and experienced counsel before hiring new employees or signing a restrictive covenant. Please contact our offices to discuss how we might be able to assist you.

Abandoned Property: Landlord Beware

ellenlinley Business Law, Landlord Tenant

Whether you are a seasoned landlord with valuable management skills or a first-time landlord, the issue of eviction or abandonment could be an issue you have to face. The issue of abandoned property appears in two contexts. On one hand, a landlord could face the issue when the tenant has abandoned the property altogether by leaving for an indefinite period of time without giving notice. On the other, a landlord could face the issue when the lease has expired or been terminated yet the tenant fails to take all of his or her possessions with him. What are your rights and responsibilities as a landlord in each situation?

Escrow Disputes: From Escrow to Interpleader

ellenlinley Business Law

Escrow agents are a fundamental tool in the practice of business and sales, however their use could lead to disputes rather than successful transactions. Take a contract for the purchase and sale of a property for example. This transaction is simple on face, but that is true only if the parties act as they agreed. A money deposit is placed into escrow and an agreement is made that the money is to be delivered to the designated party upon the performance of another condition or event, for example the relinquishment of the seller’s property rights. If the parties act according to their agreement, then the escrow agent is merely an intermediary in the deal. However, problems arise when parties do not perform as planned.

Is your foreign judgment enforceable in Florida?

toates Business Law, Collections

More and more frequently I speak to judgment creditors with a judgment issued by a state or country other than Florida. The process of registering that judgment in Florida is called domestication. Once domesticated, the foreign judgment is given full faith and credit and is enforceable by Florida courts to the same extent as a Florida judgment.