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Enforceability of Attorney Negotiated Settlement Agreement

Posted by Gene D. Lipscher | Oct 13, 2023 | 0 Comments

Attorney-negotiated settlement -- To prove mutual assent to attorney-negotiated settlement, party seeking to enforce the settlement must prove that the opposing party's attorney had his or her client's “clear and unequivocal grant of authority” to negotiate on the client's behalf or that the client subsequently ratified the unauthorized offer -- Mere employment of attorney does not in and of itself give attorney implied or apparent authority to compromise his client's cause of action -- Trial court erred in approving settlement agreement in absence of evidence that party had authorized or ratified the settlement

Long Term Care Planning for Medicaid

Posted by Gene D. Lipscher | Jan 21, 2019 | 0 Comments

If you are eligible to receive Medicaid, not only does the government pay for your costs of the nursing home facility, but the government pays for practically all of your medical bills, including impatient hospital services, outpatient hospital services, laboratory and X-ray services, physician s...

Probate & Probate Litigation

Posted by Gene D. Lipscher | Jan 10, 2019 | 0 Comments

Probate is a judicial procedure involving the gathering up of a deceased person's (“decedent”) probatable assets, paying off the decedent's financial obligations and debts, and then distributing the remaining assets to the decedent's beneficiaries. If the decedent dies with a will, the personal r...

Medicaid Eligibility: Asset and Income Limitations

Posted by Gene D. Lipscher | Dec 30, 2018 | 0 Comments

In order to be eligible for Medicaid, a single person can only have $2,000.00 in cash or countable assets, and a married couple can only have a combined $3,000. Countable assets include such items as bank accounts, joint bank accounts, stocks, bonds, mutual funds, life insurance cash values, and ...

Business Law: Collection of Judgments

Posted by Gene D. Lipscher | Dec 21, 2018 | 0 Comments

In any action where a party recovers a sum of money in a lawsuit, the amount to which that party is entitled may be awarded and reduced to a judgment. That judgment allows the judgment holder the right to attempt to satisfy the judgment amount with the judgment debtor's non-exempt assets. There a...

Employment Disputes

Posted by Gene D. Lipscher | Dec 10, 2018 | 0 Comments

In Florida, the simple creation of a valid employment contract of a definite duration gives employees rights associated with the common law doctrine of wrongful discharge. In the absence of a contract, however, an employee is subject to the common law doctrine of at-will employment. At-will emplo...

Medicaid Programs

Posted by Gene D. Lipscher | Nov 30, 2018 | 0 Comments

There are two government programs under Medicaid that provide assistance to persons over the age of 65, who are Florida residents and meet the financial qualifications. The programs are the Managed Care Diversion Program and the Institutional Care Program. Diversion Medicaid Diversion Medicaid ...

Business Law: Corporate Formations

Posted by Gene D. Lipscher | Nov 20, 2018 | 0 Comments

Companies or corporations are recognized legal fictions which allow persons to carry out business endeavors without the risk (or to limit the risk) of personal liability. There are many ways to structure a business. The two most popular business entities i Florida are the limited liability compan...

Liens

Posted by Gene D. Lipscher | Nov 12, 2018 | 0 Comments

Mechanic's Liens Florida statutes provide that the following persons are entitled to have liens on real property: a contractor; a subcontractor; a sub-subcontractor; a laborer; a materialman who contracts with the owner; and a professional lienor such as an architect, interior designer, engineer...

Real Estate Litigation, Purchase & Sales Agreements

Posted by Gene D. Lipscher | Nov 04, 2018 | 0 Comments

Purchase and Sales Agreements Enforcement of Real Estate Contracts In order for a real estate contract to be enforceable, Florida law requires that the contract be in writing as well as signed by the party to be charged. For example, a buyer seeking to enforce a real estate contract against a ...

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