News & Events - Winderweedle, Haines, Ward and Woodman, P.A. - Orlando - Winter Park, FL

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Ground Control to Major Tom – Client to Lawyer Communication Protocol

Ground Control to Major Tom – Client to Lawyer Communication Protocol

In his classic rock masterpiece, Space Oddity, singer David Bowie tells the story of astronaut Major Tom. As Major Tom’s capsule orbits the Earth, he is having trouble communicating with Ground Control. Major Tom needs clarity, assurance, and understanding. Meanwhile, Ground Control simply orders Major Tom to “take your protein pills and put your helmet … Read more

Estate Tax Landscape for 2021 and Beyond

Estate Tax Landscape for 2021 and Beyond

Now that former Vice President Joe Biden is projected to be the President-elect, we can start to focus on the policy changes that may be coming. For months commentators have attempted to predict the economic and tax changes that would likely occur under President-Elect Joe Biden’s administration, and while the details are still to be … Read more

Receivers Have a New Playbook with Passage of the UCRERA

Receivers Have a New Playbook with Passage of the UCRERA

In football, a receiver needs a good playbook. Otherwise, passes fall incomplete and teams lose games. However, until recently, receivers appointed to oversee distressed real estate assets had no statutory playbook. This often led to inconsistent results, unnecessary litigation, and title insurance problems. Fortunately, on July 1, 2020, Florida’s Uniform Commercial Real Estate Receivership Act … Read more

Passage of the SECURE Act Brings Sweeping Changes to Retirement Benefits Planning

Passage of the SECURE Act Brings Sweeping Changes to Retirement Benefits Planning

The Setting Every Community Up for Retirement Enhancement (SECURE) Act was signed into law by the President on December 20, 2019 and implements major changes concerning retirement accounts such as traditional IRA, Roth IRA, 401(k) and 403(b) accounts. The SECURE Act raises the age for beginning required minimum distributions (“RMDs”) to age 72 from age … Read more

Medical Marijuana in Florida – OK to Smoke But Not to Grow

Medical Marijuana in Florida – OK to Smoke But Not to Grow

On November 22, 2019, the Florida Supreme Court declined to accept jurisdiction over a case involving the right of a patient to cultivate marijuana for his own medicinal purposes. In doing so, Florida has declined to be added to the increasing minority of states that now allow homegrown marijuana. Prominent Tampa strip-club owner Joe Redner … Read more

Beware of the Mean Lien: 5 Tips to Protect Landlords During Tenant Improvement Work

By: Nicole Latham Carolan, Esq. and Heather S. Nason, Esq. In Florida, when a lease permits or requires a tenant to make improvements to the premises, the tenant’s contractor(s) (as well as any subcontractors or suppliers), if not timely paid, can file a lien against, and ultimately foreclose upon, not only the tenant’s leasehold interest … Read more

Litigation Costs HOW Much? Can I At Least Deduct It?

Litigation Costs HOW Much? Can I At Least Deduct It?

Business owners often question whether the business will be able to deduct its legal expenses. The Fifth Circuit Court of Appeals in Cavanaugh v. Commissioner, 18-60299, 2019 WL 1430193 (5th Cir. Mar. 29, 2019) recently shed some light on this matter. The Court found that settlement payments and litigation expenses paid by a business regarding … Read more

PACE Loans in Florida: A Lender’s Perspective

Florida’s “PACE” Program (which stands for Property Assessed Clean Energy) was created in 2010 through Section 163.08, Florida Statutes, which authorized Florida local governments to finance property improvements for energy conservation and improving a property’s resistance to storm damage.

Establishing the priority of a lender’s mortgage lien during foreclosure or bankruptcy can be challenging when the collateral is also encumbered by governmental or quasi-governmental liens with unsettled lien priority. One such problematic example is the lien priority of PACE loans. Florida’s “PACE” Program (which stands for Property Assessed Clean Energy) was created in 2010 … Read more

FAREWELL TO LIBOR: Preparing for the Effects of a Disappearing Lending Benchmark

For decades LIBOR (short for London Inter-bank Offered Rate) was one of the most commonly used benchmark interest rates for financial transactions. Derived from a daily survey of about 20 large banks, it was intended to reflect the interest rate at which banks lent to one another. However, confidence in LIBOR as an accurate reflection … Read more