Frank Charles Miranda, P.A.Frank Charles Miranda, P.A.2026-08-05T07:28:38Zhttps://www.fcmlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104035/2022/09/cropped-ID-image-32x32.jpgby Frank Charles Miranda, P.A.<![CDATA[What legal issues can arise when selling a Florida business?]]>https://www.fcmlaw.com/?p=479522026-08-05T07:28:38Z2026-08-05T07:28:38ZChoosing an improper sale structure
The structure of a business sale affects liability, taxes and the transfer of ownership. Most Florida business sales follow either an asset sale or a stock or membership interest sale. The right option depends on the business and the goals of the parties involved.
In an asset sale, the buyer purchases selected business assets. The parties decide which assets and liabilities will transfer as part of the transaction. In a stock or membership interest sale, the buyer acquires the business entity itself. Because the entity remains in place, buyers may seek broader representations and warranties about the company's financial condition and legal compliance.
The sale structure can also affect contracts, permits and other legal obligations. Addressing these issues early can reduce risk and help the transaction move forward with fewer complications.
Due diligence and disclosure challenges
Due diligence allows the buyer to review the business before the sale closes. Missing or incorrect information can delay the sale and increase the risk of legal disputes.
Key disclosure items include:
Financial records: Share complete and accurate financial information.
Business obligations: Disclose debts, pending lawsuits, liens and other known liabilities.
Contracts and permits: Review contracts, leases, permits and licenses to determine whether transfer approval is required.
Clear and complete disclosures help reduce the risk of fraud claims, contract disputes and other legal problems after closing.
Post-closing legal obligations
A business sale may leave sellers with certain legal duties after closing. Representations, warranties and indemnification terms may create future liability if buyers identify issues linked to the period before the sale. Key post-closing matters include:
Ongoing agreements: Purchase terms may set liability periods and limits for future claims.
Employee transitions: Proper management of employee changes and restrictive covenants can help avoid disputes.
Final filings: Completing tax filings, ownership updates and dissolution documents can resolve remaining responsibilities.
Careful planning after closing reduces legal risks and helps create a smoother business transition.
Protecting every stage successfully
Whether selling a closely held company or a larger business, experienced legal counsel helps protect the seller's interests from start to finish. Early legal guidance can make the sale more secure and the transition more successful.]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[A TBI may be more serious than you realize]]>https://www.fcmlaw.com/?p=479502026-07-22T01:45:37Z2026-07-22T01:45:37Zsubdural hematoma, it could be very dangerous for them to avoid getting medical attention. Left unchecked, a hematoma (bleeding within the tissues around the brain) can be fatal.
Why do people make this mistake?
In some cases, people make this mistake because the symptoms of a subdural hematoma get worse with time. This is because the bleeding puts pressure on the brain within the skull. It also means that certain parts of the brain may not be getting proper blood flow or oxygen.
Right after the injury happens, the bleeding has not had a chance to build up, so a person may just have minor symptoms that mimic a typical concussion. But over time, their symptoms could grow more serious, such as a migraine that will not go away, significant mental confusion, loss of physical motor skills or even a complete loss of consciousness.
As such, it is best to be proactive about seeking medical care to ensure that you understand the full scope of your injury. This care can be expensive, which is why it is also important to know how you can seek financial compensation when someone else was responsible for the initial TBI.]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[What is a “quiet title action” in real estate?]]>https://www.fcmlaw.com/?p=479472026-07-07T20:26:39Z2026-07-07T20:26:39ZReal estate ownership is not always as straightforward as it may initially appear to be. For example, sometimes questions arise about who actually owns a property or whether another person or entity has a valid legal interest in it.
When these disputes create uncertainty, a quiet title action may provide a path toward resolving the issue and establishing clear ownership.
A way to resolve open issues about ownership rights
A quiet title action is a lawsuit filed to determine the rightful ownership of real property and eliminate competing claims against the title at issue. The goal is to "quiet" any disputes so that the property's ownership is clearly established. Once the court issues a judgment, the property owner can often move forward with greater confidence when selling, refinancing or transferring their property.In Florida, quiet title actions may become necessary for a variety of reasons. A property may have an old mortgage that was paid off but never formally released, an unresolved lien, conflicting deeds, boundary disputes or questions involving heirs after a property owner's death. Errors in public records, fraudulent transfers or issues arising from tax deed sales can also cloud a property's title.A clouded title can create significant problems. Buyers may hesitate to purchase the property in question, lenders may refuse to finance a transaction and title insurance companies may decline to insure ownership until the dispute is resolved. Even if the property owner believes the claim is meritless, the uncertainty can delay or derail important real estate transactions.A quiet title action allows the court to review the competing claims, consider the evidence and determine the parties' respective rights. Depending on the circumstances, interested parties may be notified and allowed to assert their claims before the court reaches a decision.While a quiet title action may sound complicated, it serves an important purpose. Clear titles protect property owners and help to ensure that future real estate transactions can proceed without unnecessary legal obstacles.]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[The increased risk from young drivers over the summer]]>https://www.fcmlaw.com/?p=479432026-06-24T15:18:06Z2026-06-24T15:18:06ZThe summer months can be especially dangerous on the road. Part of the problem is that there are more fatal accidents caused by teenage drivers. These types of serious crashes tend to spike during the summer months.In a general sense, the issue is that teens simply have more time to drive. During the school year, they have more well-defined schedules, and their academic priorities mean that they spend a lot of time in the classroom and not on the road. But over the summer, some teenagers have summer jobs, and others spend their months of freedom with friends. This results in more road traffic involving young drivers, which naturally increases the number of accidents they cause.
The highest crash rate belongs to teen drivers
After all, it is important to remember that teenagers consistently have the highest crash rate of any age group. This is true during the summer and in any other season. Teenagers are simply inexperienced drivers who may be more prone to risky behavior, and so accidents are more common.Because there are more teenage drivers on the road during the summer, the number of crashes tends to increase. Additionally, driving with other teen passengers can be distracting and raise accident odds. So, a group of teenagers spending time together during the summer may be more likely to be involved in an accident than a single teenager who is simply driving to and from high school during the school year.
Addressing financial damages after a crash
If you have been injured in an accident caused by a teenage driver, you may be facing significant damages, such as medical bills and lost wages. Be sure you know how to seek financial compensation.]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[Using a buy-sell agreement to acquire a partner’s interest]]>https://www.fcmlaw.com/?p=479412026-06-06T12:20:22Z2026-06-06T12:20:22ZBuy-sell agreements can limit buyout conflict
Partners starting new companies together often execute thorough contracts, which may include a buy-sell agreement. This document outlines when one partner can purchase the other's interest in the company and what rules apply to that transaction.
Partners may have already decided on a specific means of valuing the company and an arrangement for fairly compensating the exiting partner. In theory, if the circumstances align with the terms included in the buy-sell agreement, the transaction should proceed with mental delays and conflict.
Reviewing a buy-sell agreement and other details of a partnership contract with a legal professional can help business owners navigate challenging transitions. With assistance, they can ensure they meet all requirements when making an offer.
Preparing for a buyout often requires a difficult conversation backed by contract terms and possibly even specific figures. An attorney's guidance can help people navigate a partnership buyout with as little conflict and organizational chaos as possible.]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[Could inattentional blindness explain a motorcycle crash?]]>https://www.fcmlaw.com/?p=479392026-06-01T17:13:48Z2026-06-01T17:13:48ZWhat do you see when you look at the road ahead? Most drivers would argue they see everything they need to. Yet if that were so, then there wouldn’t be so many cases of drivers pulling straight out in front of motorcyclists and injuring or killing them.One thing that can help explain this anomaly is a phenomenon called inattentional blindness.
You can’t take in everything at once
Inattentional blindness refers to how individuals often “fail to notice obvious but unexpected objects or events in their visual field when their attention is engaged with another task.”For example, have you ever gone to a museum and stared at a famous painting? First, you focus on what you expect to see, such as the central figure. The longer you stand there, the more detail you will notice. Sitting at a junction waiting to pull out works a bit like that. Drivers usually notice cars, buses and trucks first, because that is what they are expecting to see. If they do not take long enough to check, they may miss spotting the smaller details, such as a motorcyclist.Too many drivers make only a cursory check before pulling out or making a turn. While inattentional blindness can help explain why a driver didn’t spot a motorcyclist, it does not excuse them from their duty to ensure the road is clear before making their maneuver. Drivers often try to blame the motorcyclist in a crash, saying they came out of nowhere. Legal guidance can help those injured to dispel such arguments and put the blame firmly where it belongs to pursue the compensation they need.]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[What are some long-term car accident costs?]]>https://www.fcmlaw.com/?p=479372026-05-15T21:49:24Z2026-05-15T21:49:24ZMany car accidents come with certain short-term costs for which the injured party may be due compensation. This could include emergency transportation to a local hospital, care provided in that hospital, lost wages and the immediate pain and suffering the person has to endure if they were injured in the crash.
At the same time, it is also important to consider the long-term costs of that car accident, which may far outweigh the short-term damages. Below are two examples, though every accident is unique and could come with many potential damages.
Reduced earning capacity
For one thing, when someone suffers serious injuries in an accident, they may have a significantly reduced earning capacity moving forward. Even if they can still work, their earning potential has declined, and they will make much less than they would have without the injury. In other cases, a person cannot return to work at all, and they may need to seek compensation for their lost future earnings.
Long-term care needs
Some serious injuries also come with the need for long-term medical care, in-home care, physical therapy, rehabilitation and the like. For instance, the Christopher & Dana Reeve Foundation estimates that someone who suffers high tetraplegia, a serious type of spinal cord injury, will face over $184,000 in yearly costs. This shows why it is so important to seek compensation for ongoing costs, not just immediate damages.
Seeking the compensation you deserve
These cases can get very complex when determining exactly what type of compensation is due after a car accident, so it can help to work with an experienced personal injury attorney.
]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[How easement issues can affect property ownership]]>https://www.fcmlaw.com/?p=479352026-05-02T21:01:27Z2026-05-02T21:01:27ZPeople who are purchasing a home should understand their legal rights to the property. One thing that they have to be mindful of is an easement, which is a legal right for another party to use a certain part of the property for a specific purpose.
An easement doesn’t transfer ownership of the property to the party who’s using it. Instead, it can set limits to what the property owner is able to do with that portion of the land.
Purpose of an easement
There are a variety of easement types, each of which has a different purpose. The easement handles a variety of situations, including providing access to a driveway, utility lines, walkways or landlocked property. It may also allow a certain part of the property to be used as a drainage area.
Disputes over easements are possible
Easements are sometimes written into deeds or other recorded property documents, but that’s not always the case. In some cases, they stem from ownership patterns, long-term usage, agreements or necessity. In many cases, easement disputes occur because the scope of the easement is unclear, so it’s critical that easement terms are written as clearly as possible. For property owners, a primary concern about an easement is that it can affect property value and future plans. It’s best to understand how an easement will affect things like being able to install landscaping, build a fence or add a structure to the property. Anyone who’s considering purchasing a property should ensure the easement won’t affect them using the property in the way they intend. This is only one part of doing due diligence prior to the purchase. Working with someone who’s familiar with these matters may be beneficial for people purchasing a home. ]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[Title issues that could derail a closing]]>https://www.fcmlaw.com/?p=479332026-04-14T18:07:55Z2026-04-14T18:07:55ZBuying or selling a home is exciting, and you’re looking forward to beginning a new chapter in your life. But even when everything seems on track, unexpected problems can delay or completely derail your closing.
Title issues are more common than many people realize, and if they aren’t resolved, you can’t move forward with the closing.
Why title issues matter
A “title” is your legal ownership of a property. The law requires a seller to provide a clear and marketable title before they can legally transfer the ownership. Therefore, a title search is required. If any discoveries call into question ownership or create a legal or financial claim against the property, those title issues need to be resolved before closing.Liens are among the most common problems in real estate transactions. These can include:
Unpaid property taxes
Contractor or mechanic’s liens
HOA or condo association fees
Judgments against the property owner
Even if the seller wasn’t aware of any liens, they must be paid off before the closing can occur.Clerical errors also happen more often than you’d think. Mistakes such as misspelled names, incorrect legal descriptions or filing errors in prior deeds may seem like minor issues. However, they can create significant legal confusion about who actually owns the property.Oftentimes, a property is on the market because the previous owner passed away. If the estate wasn’t properly handled, heirs may still have a legal claim to the property. Incomplete probate or out-of-state heirs can complicate the property’s sale.Fraudulent deeds and forged signatures can also create major problems. Florida has seen an increase in“title pirates” in recent years, particularly involving vacant properties.Title issues can turn a real estate transaction into a stressful and costly ordeal. If a problem arises, it’s essential to act quickly. A legal professional can help identify the problem, resolve disputes and protect your investment.]]>On Behalf of Frank Charles Miranda, P.A.<![CDATA[Could a truck driver or their employer be liable after a crash?]]>https://www.fcmlaw.com/?p=479312026-03-28T15:35:11Z2026-03-28T15:35:11ZBoth parties could be liable
Truck drivers may have a degree of personal responsibility for a crash, especially if they did something illegal or negligent while driving. In cases where truck operators own their own commercial vehicles or work as contractors instead of employees, they may be the primary party liable for collision expenses.
Frequently, transportation professionals are employees. If the collision occurs while the worker is on the clock, their employer may have vicarious liability for the damages they cause on the job. The legal doctrine of respondeat superior allows those affected by the negligence or misconduct of an employee to hold their employer responsible.
Frequently, commercial liability policies apply after semi-truck collisions. The policy may offer $750,000 or more in coverage, leading to intense claims negotiations.
People may need help documenting their losses, determining who is liable and pursuing compensation. Having support throughout the compensation claims process after a semi truck crash can help people minimize the lasting financial harm that an accident may cause.]]>