Henderson, Franklin, Starnes & Holt, P.A.

Latest from Henderson, Franklin, Starnes & Holt, P.A.

Commercial space is rarely “walk-in ready” for the tenant. As a result, landlords and tenants must negotiate for leasehold improvements in order for the leasing transaction to move forward. This can impact new leases, amendments or renewals of existing leases. Below are some tips when negotiating and drafting the work letter for leasehold improvement responsibilities, originally published in the January 2019 issue of SuiteLife Magazine:…
Guest post by Henderson Franklin’s Construction Chair, J. Matthew Belcastro, Esq. If you have been in the business world for any reasonably length of time, or if you have leased property or entered into a contract for construction or remodeling, you have probably been a party to a contract that contains an indemnification provision. Indemnification Provisions The concept of the indemnification provision is generally very simple. If one contracting party (the indemnitee) becomes liable to…
Florida’s Third District Court of Appeal handed down a win for local governments on Wednesday when the Court reversed a previous Circuit Court injunction that barred the City of Miami from enforcing a ban on short-term rentals in residential areas of the City. Background In 2017, the City of Miami adopted a resolution that affirmed the City’s zoning regulations “as they pertain to short-term/vacation rentals,” and stated that neighborhoods zoned as T3 were limited to…
As a Florida real estate attorney, one topic that I am commonly asked about is homestead. One question frequently asked by clients is: Is it possible for their spouse to waive his/her homestead rights? If so, how?” Why Would a Spouse Waive Homestead Rights? More often than not, one spouse has already provided for the other spouse through their estate planning documents, insurance policies, or payable on death accounts and would like to devise their…
Florida’s Third District Court of Appeal recently handed down a decision that may make the lives of landlords and tenants a little more difficult. In Jahangiri v. 1830 North Bayshore, LLC, the owners of a Miami deli tried to exercise their first renewal option under a commercial lease. The tenants were not able to exercise their first renewal option because the Court ruled that the renewal provision lacked a definite price term or definite procedure…
In order to better protect yourself and your property, it’s a good idea to have a discussion with your insurance agent and/or your maritime lawyer about your vessel, its intended use and operation, the potential for claims and the marine insurance coverage that may be available to you. Hidden Exclusions Many people with significant claims after an accident, that could and/or should have been insured against and covered from, are not covered because of an…
Growing up out West, discussed a bit in my post about The Magnificent Seven and the Freedom to Choose, I remember going with my granddad and my dad when they hunted.  Like many families, we had a special nickname for granddad; we grandkids knew him as “Pompa,” from a name my oldest cousin, as a toddler, gave him. When I was a kid, the first day of hunting season was a state or school…
Whether you are buying a boat for the first time, or simply have not been boat shopping in ages, it is important to understand the technicalities of purchasing a boat. Over the next several weeks, we will discuss a few issues to consider, including insurance, registration and documentation, surveys and contract terms. Today, we will begin the series discussing options to obtaining title to a new boat or vessel. How to Obtain Title to a…
Dan Schwartz of the Connecticut Employment Law blog posted yesterday about an interesting medical marijuana case in Connecticut. For the first time, a Connecticut court ruled that an employer could not refuse to hire an applicant simply because she was a medical marijuana user, despite the employer’s drug-free workplace program. This applicant, who used medical marijuana for PTSD, had her offer revoked after she tested positive for marijuana on the pre-employment drug screen. She then…