Empathy List Archives

CB

Charles B. Hernicz, Esq

Tue, Apr 1, 2014 12:18 PM

Has anyone filed an action for disgorgement of funds against an unlicensed
contractor who accepted money for construction? Care to share your
complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint? Best regards, Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com

PV

Paul V. DeBianchi

Tue, Apr 1, 2014 12:32 PM

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" CHernicz@herniczlegal.com wrote:

Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities. Thanks so much. Sent from my iPhone > On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com> wrote: > > Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint? > > Best regards, > > Chuck > > Charles B. Hernicz, Esq. > Board Certified in Construction Law by The Florida Bar > Hernicz Legal Services, P.L. > 15854 Bent Creek Road > Wellington, FL 33414 > Telephone: (561) 753-7511 > Facsimile: (561) 753-7082 > Chernicz@HerniczLegal.com > > > _______________________________________________ > CLC-Discussion mailing list > CLC-Discussion@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/clc-discussion

MD

Michael D. Randolph

Tue, Apr 1, 2014 12:52 PM

I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi
Sent: Tuesday, April 01, 2014 8:32 AM
To: CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com> wrote:
Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org mailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
8889 Pelican Bay Boulevard, Suite 400

Naples, FL 34108

Main: 239-598-3601 | Fax: 239-598-3164

Email: michael.randolph@gray-robinson.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi Sent: Tuesday, April 01, 2014 8:32 AM To: CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities. Thanks so much. Sent from my iPhone On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com><mailto:CHernicz@herniczlegal.com>> wrote: Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint? Best regards, Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 8889 Pelican Bay Boulevard, Suite 400 >Naples, FL 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: michael.randolph@gray-robinson.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

RK

RONALD KAUFMAN

Tue, Apr 1, 2014 1:02 PM

See attached Order...

PLEASE NOTE OUR NEW ADDRESS AND MAIN OFFICE TELEPHONE NUMBER

Sincerely,

Ronald E. Kaufman, Esq.

Board Certified Construction AttorneyCertified Circuit Civil Mediator

Law Offices of Ronald E. Kaufman, P.A.
3399 Ponce De Leon Boulevard, suite 202
Coral Gables, FL 33134
Main Telephone: (305) 444-1500
Facsimile: (305) 675-3327
Email: rek@reklawfirm.com rekesq@gmail.com
Website: www.miamiconstructionattorney.info

Pursuant to the Fair Debt Collection Practices Act you are hereby advised
that portion of our practice involves the collections of debts and any
information obtained may be used for that purpose.

NOTICE OF CONFIDENTIALITY:
The information contained in this mail is intended for the use of the
intended recipient only and may be confidential and attorney privileged. If
that is not you stop reading, do not distribute or copy this mail, rather
advise me of your receipt, in writing.
CIRCULAR 230 NOTICE:
Unless expressly stated otherwise, any U.S. federal tax advice contained in
this transmittal, is not intended or written to be used, and cannot be
used, by any person for the purpose of (i) avoiding penalties under the
U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed in this e-mail or
attachment.

On Tue, Apr 1, 2014 at 8:32 AM, Paul V. DeBianchi <
debianchi236@bellsouth.net> wrote:

I am looking for the same thing. I did some research and could not even
find any cases on it. So, if you have any cases were some success in your
research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <
CHernicz@herniczlegal.com> wrote:

Has anyone filed an action for disgorgement of funds against an unlicensed
contractor who accepted money for construction? Care to share your
complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.

*Board Certified in Construction Law by The Florida Bar *Hernicz
Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

See attached Order... *****PLEASE NOTE OUR NEW ADDRESS AND **MAIN OFFICE TELEPHONE NUMBER******* Sincerely, Ronald E. Kaufman, Esq. *Board Certified Construction AttorneyCertified Circuit Civil Mediator* Law Offices of Ronald E. Kaufman, P.A. 3399 Ponce De Leon Boulevard, suite 202 Coral Gables, FL 33134 Main Telephone: (305) 444-1500 Facsimile: (305) 675-3327 Email: rek@reklawfirm.com <rekesq@gmail.com> Website: www.miamiconstructionattorney.info *Pursuant to the Fair Debt Collection Practices Act you are hereby advised that portion of our practice involves the collections of debts and any information obtained may be used for that purpose.* *NOTICE OF CONFIDENTIALITY:* The information contained in this mail is intended for the use of the intended recipient only and may be confidential and attorney privileged. If that is not you stop reading, do not distribute or copy this mail, rather advise me of your receipt, in writing. *CIRCULAR 230 NOTICE:* Unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. On Tue, Apr 1, 2014 at 8:32 AM, Paul V. DeBianchi < debianchi236@bellsouth.net> wrote: > I am looking for the same thing. I did some research and could not even > find any cases on it. So, if you have any cases were some success in your > research please post the authorities. > > Thanks so much. > > > > Sent from my iPhone > > On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" < > CHernicz@herniczlegal.com> wrote: > > Has anyone filed an action for disgorgement of funds against an unlicensed > contractor who accepted money for construction? Care to share your > complaint? > > > > Best regards, > > > > Chuck > > > > Charles B. Hernicz, Esq. > > *Board Certified in Construction Law by The Florida Bar *Hernicz > Legal Services, P.L. > 15854 Bent Creek Road > Wellington, FL 33414 > Telephone: (561) 753-7511 > Facsimile: (561) 753-7082 > Chernicz@HerniczLegal.com > > > > > > _______________________________________________ > CLC-Discussion mailing list > CLC-Discussion@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/clc-discussion > > > _______________________________________________ > CLC-Discussion mailing list > CLC-Discussion@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/clc-discussion >

RK

RONALD KAUFMAN

Tue, Apr 1, 2014 1:05 PM

Authority to kick-start your research...

PLEASE NOTE OUR NEW ADDRESS AND MAIN OFFICE TELEPHONE NUMBER

Sincerely,

Ronald E. Kaufman, Esq.

Board Certified Construction AttorneyCertified Circuit Civil Mediator

Law Offices of Ronald E. Kaufman, P.A.
3399 Ponce De Leon Boulevard, suite 202
Coral Gables, FL 33134
Main Telephone: (305) 444-1500
Facsimile: (305) 675-3327
Email: rek@reklawfirm.com rekesq@gmail.com
Website: www.miamiconstructionattorney.info

Pursuant to the Fair Debt Collection Practices Act you are hereby advised
that portion of our practice involves the collections of debts and any
information obtained may be used for that purpose.

NOTICE OF CONFIDENTIALITY:
The information contained in this mail is intended for the use of the
intended recipient only and may be confidential and attorney privileged. If
that is not you stop reading, do not distribute or copy this mail, rather
advise me of your receipt, in writing.
CIRCULAR 230 NOTICE:
Unless expressly stated otherwise, any U.S. federal tax advice contained in
this transmittal, is not intended or written to be used, and cannot be
used, by any person for the purpose of (i) avoiding penalties under the
U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed in this e-mail or
attachment.

On Tue, Apr 1, 2014 at 9:02 AM, RONALD KAUFMAN rek@reklawfirm.com wrote:

See attached Order...

PLEASE NOTE OUR NEW ADDRESS AND MAIN OFFICE TELEPHONE NUMBER

Sincerely,

Ronald E. Kaufman, Esq.

Board Certified Construction AttorneyCertified Circuit Civil Mediator

Law Offices of Ronald E. Kaufman, P.A.
3399 Ponce De Leon Boulevard, suite 202
Coral Gables, FL 33134
Main Telephone: (305) 444-1500
Facsimile: (305) 675-3327
Email: rek@reklawfirm.com rekesq@gmail.com
Website: www.miamiconstructionattorney.info

Pursuant to the Fair Debt Collection Practices Act you are hereby advised
that portion of our practice involves the collections of debts and any
information obtained may be used for that purpose.

NOTICE OF CONFIDENTIALITY:
The information contained in this mail is intended for the use of the
intended recipient only and may be confidential and attorney privileged. If
that is not you stop reading, do not distribute or copy this mail, rather
advise me of your receipt, in writing.
CIRCULAR 230 NOTICE:
Unless expressly stated otherwise, any U.S. federal tax advice contained
in this transmittal, is not intended or written to be used, and cannot be
used, by any person for the purpose of (i) avoiding penalties under the
U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed in this e-mail or
attachment.

On Tue, Apr 1, 2014 at 8:32 AM, Paul V. DeBianchi <
debianchi236@bellsouth.net> wrote:

I am looking for the same thing. I did some research and could not even
find any cases on it. So, if you have any cases were some success in your
research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <
CHernicz@herniczlegal.com> wrote:

Has anyone filed an action for disgorgement of funds against an
unlicensed contractor who accepted money for construction? Care to share
your complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.

*Board Certified in Construction Law by The Florida Bar *Hernicz
Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

Authority to kick-start your research... *****PLEASE NOTE OUR NEW ADDRESS AND **MAIN OFFICE TELEPHONE NUMBER******* Sincerely, Ronald E. Kaufman, Esq. *Board Certified Construction AttorneyCertified Circuit Civil Mediator* Law Offices of Ronald E. Kaufman, P.A. 3399 Ponce De Leon Boulevard, suite 202 Coral Gables, FL 33134 Main Telephone: (305) 444-1500 Facsimile: (305) 675-3327 Email: rek@reklawfirm.com <rekesq@gmail.com> Website: www.miamiconstructionattorney.info *Pursuant to the Fair Debt Collection Practices Act you are hereby advised that portion of our practice involves the collections of debts and any information obtained may be used for that purpose.* *NOTICE OF CONFIDENTIALITY:* The information contained in this mail is intended for the use of the intended recipient only and may be confidential and attorney privileged. If that is not you stop reading, do not distribute or copy this mail, rather advise me of your receipt, in writing. *CIRCULAR 230 NOTICE:* Unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. On Tue, Apr 1, 2014 at 9:02 AM, RONALD KAUFMAN <rek@reklawfirm.com> wrote: > See attached Order... > > *****PLEASE NOTE OUR NEW ADDRESS AND **MAIN OFFICE TELEPHONE NUMBER******* > > > > Sincerely, > > Ronald E. Kaufman, Esq. > > *Board Certified Construction AttorneyCertified Circuit Civil Mediator* > > Law Offices of Ronald E. Kaufman, P.A. > 3399 Ponce De Leon Boulevard, suite 202 > Coral Gables, FL 33134 > Main Telephone: (305) 444-1500 > Facsimile: (305) 675-3327 > Email: rek@reklawfirm.com <rekesq@gmail.com> > Website: www.miamiconstructionattorney.info > > > > *Pursuant to the Fair Debt Collection Practices Act you are hereby advised > that portion of our practice involves the collections of debts and any > information obtained may be used for that purpose.* > > *NOTICE OF CONFIDENTIALITY:* > The information contained in this mail is intended for the use of the > intended recipient only and may be confidential and attorney privileged. If > that is not you stop reading, do not distribute or copy this mail, rather > advise me of your receipt, in writing. > *CIRCULAR 230 NOTICE:* > Unless expressly stated otherwise, any U.S. federal tax advice contained > in this transmittal, is not intended or written to be used, and cannot be > used, by any person for the purpose of (i) avoiding penalties under the > U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to > another party any transaction or matter addressed in this e-mail or > attachment. > > > On Tue, Apr 1, 2014 at 8:32 AM, Paul V. DeBianchi < > debianchi236@bellsouth.net> wrote: > >> I am looking for the same thing. I did some research and could not even >> find any cases on it. So, if you have any cases were some success in your >> research please post the authorities. >> >> Thanks so much. >> >> >> >> Sent from my iPhone >> >> On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" < >> CHernicz@herniczlegal.com> wrote: >> >> Has anyone filed an action for disgorgement of funds against an >> unlicensed contractor who accepted money for construction? Care to share >> your complaint? >> >> >> >> Best regards, >> >> >> >> Chuck >> >> >> >> Charles B. Hernicz, Esq. >> >> *Board Certified in Construction Law by The Florida Bar *Hernicz >> Legal Services, P.L. >> 15854 Bent Creek Road >> Wellington, FL 33414 >> Telephone: (561) 753-7511 >> Facsimile: (561) 753-7082 >> Chernicz@HerniczLegal.com >> >> >> >> >> >> _______________________________________________ >> CLC-Discussion mailing list >> CLC-Discussion@lists.flabarrpptl.org >> http://mailman.fsr.com/mailman/listinfo/clc-discussion >> >> >> _______________________________________________ >> CLC-Discussion mailing list >> CLC-Discussion@lists.flabarrpptl.org >> http://mailman.fsr.com/mailman/listinfo/clc-discussion >> > >

BP

Bruce Partington

Tue, Apr 1, 2014 1:07 PM

Here’s a bit of a memo that may help:

See Home Construction Management, LLC v. Comet, Inc., 125 So. 3d 221 (Fla. 4th DCA 2013); In re 21st Century Satellite Communications, Inc., 278 B.R. 577 (Bankr. M.D. Fla. 2002); Fabricant v. Sears Roebuck, 202 F.R.D. 310 (S.D. Fla. 2001); Vita Designs, Inc. v. Silverman, 774 So. 2d 884, 886 (Fla. 4th DCA 2001).

Florida law is well-settled that where the law requires licenses to conduct business, the contracts by the unlicensed to perform licensed services are illegal and void. Vista Designs v. Silverman, 774 So.2d 884, 885 (Fla.Dist.Ct.App.2001) (requiring unlicensed attorney to disgorge the funds received from client through a contract that was void ab initio due to illegality); Steinberg v. Brickell Station Towers, 625 So.2d 848, 849 (Fla.Dist.Ct.App.1993) (finding contract by unlicensed mortgage broker illegal and void); see also In re Ripon City, 102 F. 176, 183 (5th Cir.1900) (“any contract which undertakes ... to put in charge ... any unlicensed person—no matter how well qualified otherwise ...—ought to be held void”). See generally Annot., Recovery Back of Money Paid to Unlicensed Person Required by Law to Have Occupational or Business License or Permit to Make Contract, 74 A.L.R.3d 637 (1976).

Bruce D. Partington

Clark Partington

bpartington@cphlaw.com mailto:bpartington@cphlaw.com

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Tuesday, April 01, 2014 7:53 AM
To: Paul V. DeBianchi; CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi
Sent: Tuesday, April 01, 2014 8:32 AM
To: CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" CHernicz@herniczlegal.com wrote:

Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction?  Care to share your complaint?

 

Best regards,

 

Chuck

 

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar           
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz@HerniczLegal.com

 

 

_______________________________________________
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

Michael D. Randolph

Board Certified in Construction Law

GrayRobinson, P.A.

8889 Pelican Bay Boulevard, Suite 400

Naples, FL 34108

Main: 239-598-3601 | Fax: 239-598-3164

Email: michael.randolph@gray-robinson.com

GRAY | ROBINSON http://gray-robinson.com/

ATTORNEYS AT LAW http://www.gray-robinson.com/

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Here’s a bit of a memo that may help: See Home Construction Management, LLC v. Comet, Inc., 125 So. 3d 221 (Fla. 4th DCA 2013); In re 21st Century Satellite Communications, Inc., 278 B.R. 577 (Bankr. M.D. Fla. 2002); Fabricant v. Sears Roebuck, 202 F.R.D. 310 (S.D. Fla. 2001); Vita Designs, Inc. v. Silverman, 774 So. 2d 884, 886 (Fla. 4th DCA 2001). Florida law is well-settled that where the law requires licenses to conduct business, the contracts by the unlicensed to perform licensed services are illegal and void. Vista Designs v. Silverman, 774 So.2d 884, 885 (Fla.Dist.Ct.App.2001) (requiring unlicensed attorney to disgorge the funds received from client through a contract that was void ab initio due to illegality); Steinberg v. Brickell Station Towers, 625 So.2d 848, 849 (Fla.Dist.Ct.App.1993) (finding contract by unlicensed mortgage broker illegal and void); see also In re Ripon City, 102 F. 176, 183 (5th Cir.1900) (“any contract which undertakes ... to put in charge ... any unlicensed person—no matter how well qualified otherwise ...—ought to be held void”). See generally Annot., Recovery Back of Money Paid to Unlicensed Person Required by Law to Have Occupational or Business License or Permit to Make Contract, 74 A.L.R.3d 637 (1976). Bruce D. Partington Clark Partington bpartington@cphlaw.com <mailto:bpartington@cphlaw.com> Direct: 850-432-1399 Fax: 850-432-7340 *Board Certified in Construction Law From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph Sent: Tuesday, April 01, 2014 7:53 AM To: Paul V. DeBianchi; CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi Sent: Tuesday, April 01, 2014 8:32 AM To: CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities. Thanks so much. Sent from my iPhone On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com> wrote: Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint? Best regards, Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 8889 Pelican Bay Boulevard, Suite 400 Naples, FL 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: michael.randolph@gray-robinson.com GRAY | ROBINSON <http://gray-robinson.com/> ATTORNEYS AT LAW <http://www.gray-robinson.com/> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

GR

George R. Truitt

Tue, Apr 1, 2014 1:07 PM

The argument derives from case involving a real estate broker forced to discharge his commission

Sent from my iPhone

[cid:image7937e1.PNG@b9fbbe29.4b93f0be]
www.csklegal.com http://www.csklegal.com George R. Truitt, Esq.
George.Truitt@csklegal.com mailto:George.Truitt@csklegal.com
Tel: 305-350-5331
Fax: 305-373-2294
9150 S Dadeland Blvd, Suite 1400
Miami, FL 33156https://maps.google.com/maps?q=9150%20S%20Dadeland%20Blvd%2C%20Suite%201400%20miami%2Cfl%2033156&bav=on.2,or.&bvm=bv.57155469,d.cWc,pv.xjs.s.en_US.v-r5CthikH8.O&biw=792&bih=484&wrapid=tlif138626915620421&um=1&ie=UTF-8&hl=en&sa=N&tab=wl
[cid:image8fdbc8.JPG@0a37d90d.409399db]

On Apr 1, 2014, at 8:57 AM, "Michael D. Randolph" <Michael.Randolph@gray-robinson.com mailto:Michael.Randolph@gray-robinson.com> wrote:

I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi
Sent: Tuesday, April 01, 2014 8:32 AM
To: CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com
Cc: <clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com> wrote:
Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org mailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
8889 Pelican Bay Boulevard, Suite 400
Naples, FL 34108
Main: 239-598-3601 | Fax: 239-598-3164
Email: michael.randolph@gray-robinson.com mailto:michael.randolph@gray-robinson.com
GRAY | ROBINSONhttp://gray-robinson.com/
ATTORNEYS AT LAWhttp://www.gray-robinson.com/

http://www.gray-robinson.com/

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

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Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation.

The argument derives from case involving a real estate broker forced to discharge his commission Sent from my iPhone [cid:image7937e1.PNG@b9fbbe29.4b93f0be] www.csklegal.com<http://www.csklegal.com> George R. Truitt, Esq. George.Truitt@csklegal.com<mailto:George.Truitt@csklegal.com> Tel: 305-350-5331 Fax: 305-373-2294 9150 S Dadeland Blvd, Suite 1400 Miami, FL 33156<https://maps.google.com/maps?q=9150%20S%20Dadeland%20Blvd%2C%20Suite%201400%20miami%2Cfl%2033156&bav=on.2,or.&bvm=bv.57155469,d.cWc,pv.xjs.s.en_US.v-r5CthikH8.O&biw=792&bih=484&wrapid=tlif138626915620421&um=1&ie=UTF-8&hl=en&sa=N&tab=wl> [cid:image8fdbc8.JPG@0a37d90d.409399db] On Apr 1, 2014, at 8:57 AM, "Michael D. Randolph" <Michael.Randolph@gray-robinson.com<mailto:Michael.Randolph@gray-robinson.com>> wrote: I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi Sent: Tuesday, April 01, 2014 8:32 AM To: CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com> Cc: <clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org>> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities. Thanks so much. Sent from my iPhone On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com>> wrote: Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint? Best regards, Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 8889 Pelican Bay Boulevard, Suite 400 Naples, FL 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: michael.randolph@gray-robinson.com<mailto:michael.randolph@gray-robinson.com> GRAY | ROBINSON<http://gray-robinson.com/> ATTORNEYS AT LAW<http://www.gray-robinson.com/> <http://www.gray-robinson.com/> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation.

TA

Tim Atkinson

Tue, Apr 1, 2014 1:25 PM

See Section 489.128, Florida Statutes, and Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013).

Timothy P. Atkinson*
Oertel, Fernandez, Bryant & Atkinson, P.A.
2060 Delta Way
Tallahassee, Florida 32303
850-521-0700
850-521-0720-fax

Board Certified - State and Federal
Government and Administrative Practice

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Tuesday, April 1, 2014 8:53 AM
To: Paul V. DeBianchi; CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi
Sent: Tuesday, April 01, 2014 8:32 AM
To: CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com
Cc: <clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com> wrote:
Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org mailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
8889 Pelican Bay Boulevard, Suite 400
Naples, FL 34108
Main: 239-598-3601 | Fax: 239-598-3164
Email: michael.randolph@gray-robinson.com mailto:michael.randolph@gray-robinson.com
GRAY | ROBINSONhttp://gray-robinson.com/
ATTORNEYS AT LAWhttp://www.gray-robinson.com/

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

See Section 489.128, Florida Statutes, and Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). Timothy P. Atkinson* Oertel, Fernandez, Bryant & Atkinson, P.A. 2060 Delta Way Tallahassee, Florida 32303 850-521-0700 850-521-0720-fax * Board Certified - State and Federal Government and Administrative Practice From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph Sent: Tuesday, April 1, 2014 8:53 AM To: Paul V. DeBianchi; CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi Sent: Tuesday, April 01, 2014 8:32 AM To: CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com> Cc: <clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org>> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities. Thanks so much. Sent from my iPhone On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com>> wrote: Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint? Best regards, Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 8889 Pelican Bay Boulevard, Suite 400 Naples, FL 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: michael.randolph@gray-robinson.com<mailto:michael.randolph@gray-robinson.com> GRAY | ROBINSON<http://gray-robinson.com/> ATTORNEYS AT LAW<http://www.gray-robinson.com/> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

JZ

Justin Zinzow

Wed, Apr 2, 2014 3:16 PM

As I do not precisely know your circumstance, I offer the following two authorities and am interested in anything others can share on the topic:

See Braverman v. Van Bower, Inc., 583 So. 2d 381, 382 (Fla. 3d DCA 1991) (license holder not entitled to payment for unpermitted work).

Vista Designs, Inc. v. Silverman, 774 So.2d 884 (Fla. 4th DCA 2001) (unlicensed attorney required to disgorge fees received).

Justin R. Zinzow | Zinzow Law
AV Rated Board Certified
Construction Specialist

(727) 787-3121
Website | Bio

[cid:image001.jpg@01CF4E65.04F17470]

[cid:image002.png@01CF4E65.04F17470][cid:image003.jpg@01CF4E65.04F17470][cid:image004.png@01CF4E65.04F17470][cid:image005.png@01CF4E65.04F17470]

35111 U.S. Highway 19 N. • Suite 302 • Palm Harbor, FL 34684 • Fax (727) 787-3231
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 727-787-3121 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, are not intended to be advice to avoid tax laws or penalties, and are not intended to be used or referred to in any marketing or promotional materials.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Tim Atkinson
Sent: Tuesday, April 01, 2014 9:26 AM
To: Michael D. Randolph; Paul V. DeBianchi; CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

See Section 489.128, Florida Statutes, and Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013).

Timothy P. Atkinson*
Oertel, Fernandez, Bryant & Atkinson, P.A.
2060 Delta Way
Tallahassee, Florida 32303
850-521-0700
850-521-0720-fax

Board Certified - State and Federal
Government and Administrative Practice

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Tuesday, April 1, 2014 8:53 AM
To: Paul V. DeBianchi; CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com
Cc: <clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi
Sent: Tuesday, April 01, 2014 8:32 AM
To: CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com
Cc: <clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com> wrote:
Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org mailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
8889 Pelican Bay Boulevard, Suite 400
Naples, FL 34108
Main: 239-598-3601 | Fax: 239-598-3164
Email: michael.randolph@gray-robinson.com mailto:michael.randolph@gray-robinson.com
GRAY | ROBINSONhttp://gray-robinson.com/
ATTORNEYS AT LAWhttp://www.gray-robinson.com/

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

As I do not precisely know your circumstance, I offer the following two authorities and am interested in anything others can share on the topic: See Braverman v. Van Bower, Inc., 583 So. 2d 381, 382 (Fla. 3d DCA 1991) (license holder not entitled to payment for unpermitted work). Vista Designs, Inc. v. Silverman, 774 So.2d 884 (Fla. 4th DCA 2001) (unlicensed attorney required to disgorge fees received). Justin R. Zinzow | Zinzow Law AV Rated Board Certified Construction Specialist (727) 787-3121 Website | Bio [cid:image001.jpg@01CF4E65.04F17470] [cid:image002.png@01CF4E65.04F17470][cid:image003.jpg@01CF4E65.04F17470][cid:image004.png@01CF4E65.04F17470][cid:image005.png@01CF4E65.04F17470] 35111 U.S. Highway 19 N. • Suite 302 • Palm Harbor, FL 34684 • Fax (727) 787-3231 NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 727-787-3121 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, are not intended to be advice to avoid tax laws or penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Tim Atkinson Sent: Tuesday, April 01, 2014 9:26 AM To: Michael D. Randolph; Paul V. DeBianchi; CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting See Section 489.128, Florida Statutes, and Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). Timothy P. Atkinson* Oertel, Fernandez, Bryant & Atkinson, P.A. 2060 Delta Way Tallahassee, Florida 32303 850-521-0700 850-521-0720-fax * Board Certified - State and Federal Government and Administrative Practice From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph Sent: Tuesday, April 1, 2014 8:53 AM To: Paul V. DeBianchi; CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com> Cc: <clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org>> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi Sent: Tuesday, April 01, 2014 8:32 AM To: CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com> Cc: <clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org>> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities. Thanks so much. Sent from my iPhone On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com>> wrote: Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint? Best regards, Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 8889 Pelican Bay Boulevard, Suite 400 Naples, FL 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: michael.randolph@gray-robinson.com<mailto:michael.randolph@gray-robinson.com> GRAY | ROBINSON<http://gray-robinson.com/> ATTORNEYS AT LAW<http://www.gray-robinson.com/> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

FB

Fred Barnes

Wed, Apr 2, 2014 3:56 PM

But see In re: Susun Cummings, Tim Givens Building and Remodeling, Inc., Plaintiff vs. Susan Cummings, Defendant, 2000 Bankr. LEXIS 1637; 14 Fla. L. Weekly Fed. B. 138 United States Bankruptcy Court for the Southern District of Florida) (distinguishing Braverman where work was later permitted)

Frederick C. Barnes, P.A

500 N. Maitland Ave., Suite 305

Maitland, FL 32751

(407) 865-9200

fcbarneslaw.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Justin Zinzow
Sent: Wednesday, April 02, 2014 11:17 AM
To: Tim Atkinson; Michael D. Randolph; Paul V. DeBianchi; CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

As I do not precisely know your circumstance, I offer the following two authorities and am interested in anything others can share on the topic:

See Braverman v. Van Bower, Inc., 583 So. 2d 381, 382 (Fla. 3d DCA 1991) (license holder not entitled to payment for unpermitted work).

Vista Designs, Inc. v. Silverman, 774 So.2d 884 (Fla. 4th DCA 2001) (unlicensed attorney required to disgorge fees received).

Justin R. Zinzow | Zinzow Law
AV Rated Board Certified
Construction Specialist

(727) 787-3121
Website | Bio

Description: Description: Description: Description: Description: Description: Description: Description: Description: New Image

Description: Description: Description: Description: C:\Users\shumphrey\Zinzow_files\image003.pngDescription: Description: Description: Description: Description: Description: Description: Description: Description: ConstructionLawDescription: Description: Description: Description: Description: Description: Description: Description: Description: logo-super-lawyersDescription: Description: Description: Description: Description: Description: Description: Description: Description: logo-legal-elite

35111 U.S. Highway 19 N. ± Suite 302 ± Palm Harbor, FL 34684 ± Fax (727) 787-3231

NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 727-787-3121 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, are not intended to be advice to avoid tax laws or penalties, and are not intended to be used or referred to in any marketing or promotional materials.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Tim Atkinson
Sent: Tuesday, April 01, 2014 9:26 AM
To: Michael D. Randolph; Paul V. DeBianchi; CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

See Section 489.128, Florida Statutes, and Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013).

Timothy P. Atkinson*

Oertel, Fernandez, Bryant & Atkinson, P.A.

2060 Delta Way

Tallahassee, Florida 32303

850-521-0700

850-521-0720-fax

Board Certified - State and Federal

Government and Administrative Practice

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Tuesday, April 1, 2014 8:53 AM
To: Paul V. DeBianchi; CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi
Sent: Tuesday, April 01, 2014 8:32 AM
To: CHernicz@herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" CHernicz@herniczlegal.com wrote:

Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint?

Best regards,

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

Michael D. Randolph

Board Certified in Construction Law

GrayRobinson, P.A.

8889 Pelican Bay Boulevard, Suite 400

Naples, FL 34108

Main: 239-598-3601 | Fax: 239-598-3164

Email: michael.randolph@gray-robinson.com

http://gray-robinson.com/ GRAY | ROBINSON

ATTORNEYS AT LAW http://www.gray-robinson.com/

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

But see In re: Susun Cummings, Tim Givens Building and Remodeling, Inc., Plaintiff vs. Susan Cummings, Defendant, 2000 Bankr. LEXIS 1637; 14 Fla. L. Weekly Fed. B. 138 United States Bankruptcy Court for the Southern District of Florida) (distinguishing Braverman where work was later permitted) Frederick C. Barnes, P.A 500 N. Maitland Ave., Suite 305 Maitland, FL 32751 (407) 865-9200 fcbarneslaw.com From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Justin Zinzow Sent: Wednesday, April 02, 2014 11:17 AM To: Tim Atkinson; Michael D. Randolph; Paul V. DeBianchi; CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting As I do not precisely know your circumstance, I offer the following two authorities and am interested in anything others can share on the topic: See Braverman v. Van Bower, Inc., 583 So. 2d 381, 382 (Fla. 3d DCA 1991) (license holder not entitled to payment for unpermitted work). Vista Designs, Inc. v. Silverman, 774 So.2d 884 (Fla. 4th DCA 2001) (unlicensed attorney required to disgorge fees received). Justin R. Zinzow | Zinzow Law AV Rated Board Certified Construction Specialist (727) 787-3121 Website | Bio Description: Description: Description: Description: Description: Description: Description: Description: Description: New Image Description: Description: Description: Description: C:\Users\shumphrey\Zinzow_files\image003.pngDescription: Description: Description: Description: Description: Description: Description: Description: Description: ConstructionLawDescription: Description: Description: Description: Description: Description: Description: Description: Description: logo-super-lawyersDescription: Description: Description: Description: Description: Description: Description: Description: Description: logo-legal-elite 35111 U.S. Highway 19 N. ± Suite 302 ± Palm Harbor, FL 34684 ± Fax (727) 787-3231 NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 727-787-3121 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, are not intended to be advice to avoid tax laws or penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Tim Atkinson Sent: Tuesday, April 01, 2014 9:26 AM To: Michael D. Randolph; Paul V. DeBianchi; CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting See Section 489.128, Florida Statutes, and Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). Timothy P. Atkinson* Oertel, Fernandez, Bryant & Atkinson, P.A. 2060 Delta Way Tallahassee, Florida 32303 850-521-0700 850-521-0720-fax * Board Certified - State and Federal Government and Administrative Practice From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph Sent: Tuesday, April 1, 2014 8:53 AM To: Paul V. DeBianchi; CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I recently filed a case seeking that form of relief and opposing counsel has objected. I too had limited success in researching this issue. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi Sent: Tuesday, April 01, 2014 8:32 AM To: CHernicz@herniczlegal.com Cc: <clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities. Thanks so much. Sent from my iPhone On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com> wrote: Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction? Care to share your complaint? Best regards, Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 8889 Pelican Bay Boulevard, Suite 400 Naples, FL 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: michael.randolph@gray-robinson.com <http://gray-robinson.com/> GRAY | ROBINSON ATTORNEYS AT LAW <http://www.gray-robinson.com/> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.