- Child SupportInterest in a spendthrift trust. A spendthrift trust is one set up by one person for the benefit of another. The principal and income is generally exempt from claims of creditors, Waterbury v. Munn, 32 So. 2d 603 (Fla. 1947), except for alimony and child support. Bacardi v. White, 463 So. 2d 218 (Fla. 1985)
- GuardianshipDisputes can sometimes arise, however, when your loved one does not feel that he or she needs a guardian or another family member has issues with the person who is seeking legal guardianship. These are complex and emotionally challenging legal issues, and it is critical that you seek the advice of an experienced lawyer who can help you navigate them.
- Spousal Support* These restrictions do not apply to garnishments for child and/or spousal support, bankruptcy, or actions to recover state or federal taxes.
- Wrongful Death
- Business DisputesAs Principal of The John Chapman Law Firm, P.A., I offer my clients more than 30 years of legal experience in Sarasota. A fourth-generation Sarasotan, I have spent my entire career serving the people of this area. As a Sarasota business litigation attorney, I handle all types of business, construction, real estate and contract disputes.
- Construction Contracts
- Trade Secrets
- Employment ContractJohn Chapman is the principal of The John Chapman Law Firm in Sarasota. He is Board Certified as a specialist in business litigation by the Florida Bar, is AV rated by Martindale-Hubbell, and has a 10 out of 10 AVVO rating. He focuses his litigation practice in the areas of probate and trust, construction, banking, real estate, commercial, employment contract, and ad valorem tax. Mr. Chapman is a Florida Supreme Court Certified Circuit Civil Mediator, and works with institutions, businesses and individuals to facilitate settlement of disputes both prior to and after the commencement of litigation. He is also a Florida Supreme Court Approved Arbitrator and a FINRA Dispute Resolution Arbitrator.
- Employment Litigation
- Non-compete AgreementNon-compete agreements can be helpful tools in protecting a company's interests when an employee leaves to pursue other opportunities. Clauses that cover non-solicitation, confidentiality and other considerations are frequently included.
- Real Estate LitigationJohn Chapman is the principal of The John Chapman Law Firm in Sarasota. He is Board Certified as a specialist in business litigation by the Florida Bar, is AV rated by Martindale-Hubbell, and has a 10 out of 10 AVVO rating. He focuses his Sarasota real estate litigation practice in the areas construction issue, defects, commission disputes, title claims, and boundary disputes. Mr. Chapman is a Florida Supreme Court Certified Circuit Civil Mediator, and works with institutions, businesses and individuals to facilitate settlement of disputes both prior to and after the commencement of litigation. He is also a Florida Supreme Court Approved Arbitrator.
- Construction LitigationDisputes over any aspect of a construction project can create costly delays that cost everyone involved significant time and money. It is critical that you have an experienced Sarasota construction law attorney who understands these cases and has the ability to resolve your dispute quickly and effectively.
- Land Use and Zoning
- Landlord-Tenant Disputes
- Personal InjuryThe products liability rule is where when there is a defect in the product that causes damage to the product itself, but causes no personal injury or damage to other property. This was demonstrated in
- Estate PlanningThere is a lot at stake in business and estate litigation matters, and the quality of your representation will often have a direct impact on the quality of your results. No matter what type of dispute you may be facing, or what side of the dispute you may be on, be sure that you seek out a qualified lawyer who will give you the best chance of securing a positive outcome.
- WillsMy experience serving parties on both sides of these cases will allow me to provide the highest level of effectiveness as I represent you in your dispute. I will conduct a thorough review of the last will and testament or trust documents and listen closely to your concerns and goals. A customized plan of action will be built specifically to address the unique issues surrounding your case and will engage all appropriate parties in search of a resolution that everyone can support. If necessary, I am always prepared to take the matter to court in order to protect your interests.
- Trusts
- Probate
- BankruptcyHavoco of America, LTD v. Hill, 790 So. 2d 1018 (Fla. 2001) - In this case Havoco sued Hill out of state for fraud, conspiracy and tortious interference arising from a coal supply contract. After the jury returned a verdict against Hill for $15,000,000, but before the judgment became final, Hill purchased a $650,000 house in Destin with non-exempt cash assets. Hill then filed a Chapter 7 bankruptcy in Florida, claiming the house as his homestead. The bankruptcy court overruled Havoco's objection, which Havoco appealed to the 11th Circuit. In answering the certified question from the 11th Circuit, the Florida Supreme Court held that a homestead acquired by a debtor with the specific intent to delay or defraud creditors is not excepted from the constitutional protections, reasoning that the only exceptions are those set forth above. The court approved, however, the line of cases that provide that homestead property could be subject to an equitable lien where the funds obtained through fraud or egregious conduct were used to invest in, purchase or improve the homestead.
- Tax Law
- Debt CollectionIn every debt collection case, my singular focus is to recover the maximum possible amount of the debt that is owed to you. I work diligently to ensure that the debtor has not hidden any cash or other assets that should be included in the funds available to pay you back.