Winning an injunction in Florida is an evidence problem, not an argument problem. Four elements control the outcome, and each one has to be carried by proof in the record rather than assertion in a brief. Motions fail far more
Florida Eminent Domain Law Blog
The Florida Eminent Domain Law Blog, published by Jimerson Birr, focuses on legal issues related to eminent domain and property rights in Florida. It covers topics such as changes in eminent domain statutes, including new rules affecting government agencies' authority to acquire property, and the impact on business owners. The blog also addresses compensation matters for property owners, tenants, and leaseholders affected by eminent domain takings, including business damages and temporary construction easements. Additionally, it discusses procedural and substantive changes to related statutes like the Bert Harris Act, and provides guidance on valuation, negotiation, and legal strategies for property owners navigating eminent domain processes.
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Latest from Florida Eminent Domain Law Blog
Defending Civil Conspiracy Claims in Commercial Litigation
Defending civil conspiracy claims begins with a structural point that most complaints gloss over: in Florida, conspiracy is almost never a freestanding wrong. It attaches to an underlying tort. Defeat that tort and the conspiracy count usually falls with it.…
How Florida’s CHOICE Act Reshaped Non-Compete Enforcement
Florida’s CHOICE Act took effect on July 1, 2025, and it did not replace the state’s existing non-compete statute. It added a second track beside it. Codified as Part II of chapter 542 at sections 542.41 through 542.45, the Act…
How to Protect Your Ownership Stake Before a Shareholder Dispute Erupts
Most owners think seriously about a shareholder dispute only after the distributions stop, the locks change, or a K-1 shows numbers nobody will explain. By then, your leverage is whatever your governing documents already gave you. Florida law hands a…
What Happens If You Ignore a Lawsuit Against Your Business
If you ignore a lawsuit against your business, the claim does not go away. You simply hand the other side a judgment it never had to prove. In Florida, the response clock is 20 days from service, and when it…
Restraining Orders in Commercial Disputes: How They Work
What Florida Actually Calls A Restraining Order
Restraining orders in commercial disputes are almost always temporary injunctions, not the protective orders most people picture. Florida’s civil rules speak of temporary injunctions, and Rule 1.610 of the Florida Rules of Civil…
Defending Misrepresentation Claims in B2B Litigation
Defending Misrepresentation Claims in business-to-business litigation is won or lost on four issues: what the plaintiff must prove about reliance, whether the complaint was pleaded with enough specificity to survive a motion to dismiss, what your own contract says about…
Alter Ego Liability: When Florida Courts Ignore Your LLC
Alter ego liability is the doctrine that lets a Florida court disregard your LLC and hold you, or another company you control, answerable for that entity’s debts. It is neither automatic nor routine, but it is real, and owners usually…
Breach of Fiduciary Duty: Real-World Examples Every Business Owner Should Know
Most Florida business owners do not discover a breach of fiduciary duty in a boardroom. They find it in a bank statement, a vendor invoice, or a competitor’s website that looks a great deal like their own. The claim is…
Florida’s New Eminent Domain Rules: What Business Owners Need to Know
One of the many bills passed during Florida’s 2025 legislative session was SB 462, a transportation bill that covered a lot of ground (pun intended). Unanimously passing both chambers, the key provisions of SB 462 aimed to update county reporting…