News - Wetherington Hamilton, P.A.

How to Choose a Lawyer in Florida

February 28, 2015/in Articles, General/by Ted Hamilton

With the excess of information at everyone’s finger tips, sometimes making any decision seems more complicated these days. Choosing the right lawyer in Florida for your needs is no exception. We are no longer flipping through the yellow pages or relying on radio ads to determine who to turn to if we have a legal problem. Instead, we turn to internet searches and the volumes of information that comes up on our screens. But how do you know if the first lawyer on the list is the best, or merely the one that paid the most to have their website pop-up first? What information should you be looking for when determining which lawyer will meet and may be even exceed your needs?

Residential Leases and Security Deposits

January 26, 2015/in Articles, General/by Ted Hamilton

Most people have at one time or another been a tenant in a residential property. Security deposits for the lease of a residential property are not uncommon in Florida. Such deposits are typically paid to landlords to be held as security for damage that may caused to the property by the tenant or in the event of the tenant’s failure to pay rent.

Collection of Fraudulent Transfers Made to a Spouse in the State of Florida

January 13, 2015/in Articles, Debt Collection/by Ted Hamilton

Often a creditor, in the attempt to collect on a judgment will find the judgment debtor has placed some or all assets into a joint bank account held with the judgment debtor’s spouse or the assets have been transferred in some way to a spouse. This may seem like a lost cause, but our recent experience has proven otherwise.

What you need to know about Florida Construction Lien Law

August 13, 2014/in Articles, Construction Law/by Ted Hamilton

Do you know everything you need to know about Florida construction lien law? Below are some FAQ and answers that may give you exactly what you are looking for. Remember, at Wetherington Hamilton, P.A. we can help you in all areas of Construction Law. What property can be liened? Liens can only attach to privately […]

Going to Court

August 5, 2014/in Articles, General/by Ted Hamilton

You may wonder what the lawyers do when we, as we say, “are in court”. We go to court to argue our client’s case and do our best to be on the winning side. Going to court usually means appearing before a judge and trying to convince him or her that they should rule in […]

Wage Garnishment – Good & Bad News

June 13, 2014/in Articles, Debt Collection/by Ted Hamilton

THE GOOD NEWS AND BAD NEWS FOR CREDITORS DOING A WAGE GARNISHMENT IN FLORIDA Creditors enforcing payment of a judgment through a wage garnishment in Florida have some good news and some bad news. First the good. A judgment creditor can obtain a garnishment of a debtor s wages of up the 25% of the […]

Legal Medical Marijuana in Florida and You

May 12, 2014/in Articles, General/by Ted Hamilton

How might the proposed medical marijuana law affect your Florida community or condo? Will smoking pot for medicinal purposes become a legal right? Could someone smoke in their condo or home regardless of the nuisance this might impose? Last week we examined the proposed Florida constitutional amendment regarding medical marijuana. This week we examine the […]

Legal Medical Marijuana in Florida

April 28, 2014/in Articles, General/by Ted Hamilton

Will you be lining up to sell medical or recreational marijuana in Florida soon? How do you feel about your neighbor smoking legal cannabis on their back porch right next to yours? This day may be coming sooner than you think. You don’t have to go to Amsterdam to legally smoke pot anymore, now you […]

The New Florida Limited Liability Company Act

January 22, 2014/in Articles, General/by Ted Hamilton

In the spring of 2013, the Governor of the State of Florida signed a new Limited Liability Company Act which took effect on January 1, 2014. Until January 1, 2015, Limited Liability Company’s (LLC’s) formed in Florida before January 1, 2014 will continue to be subject to the current law under Chapter 608 unless they […]

Limited Liability Companies in Florida

September 23, 2013/in Articles, General/by Ted Hamilton

For those intending to form a closely held operating business in Florida, the entity of choice, in most cases, will be a limited liability company (LLC) that elects to be taxed as a Subchapter S corporation.

Following the issuance of “check the box” regulations in 1997, eligible entities (including eligible LLCs) have been able to select their federal tax classification. Eligible entities, such as the LLC, may elect to be taxed as a C corporation, an S corporation, a partnership, or, in the case of single member LLCs, a disregarded entity. As a result, since 1997 practitioners have been able to select the best combination of state law attributes and federal tax treatment to achieve a legal structure suited to the particular needs of a business.