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Business Law
The transactional department of McDonald Fleming
Moorhead handles business law matters on behalf of its
clients. Specifically, our firm is experienced in the
formation of corporations, limited liability companies (LLCs)
and limited liability partnerships (LLPs), as well as
other forms of entities. Members of our firm can guide
clients in the determination of the appropriate form of
entity for any particular situation taking into
consideration the business and tax implications of each.
McDonald Fleming Moorhead handles corporate mergers,
acquisitions and dissolutions as well as the routine
meetings and resolutions that are so important in
maintaining viability of the entity. Our firm also
advises clients on the proper structure of the business
organization in order to provide for an orderly
transition following the passing of the company’s
principal, which is commonly known as business
succession planning.
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Business Litigation
Our attorneys have many
years of experience in helping clients solve problems
arising from business relationships, including resolving
disputes. We are experienced with evaluating, handling
and resolving disagreements prior to the filing of a
lawsuit, preparing for and trying cases and
post-judgment proceedings. Our experience includes
litigation in state and federal courts, and before
administrative agencies, mediators and arbitrators.
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Business Planning
We’re all familiar with the adage that “an ounce of
prevention is worth a pound of cure.” Proper planning
for the startup of a new business or the conveyance or
winding down of an existing one can help to assure not
only the success of that venture but also the degree of
success.
One size does not fit all and there are many different
sizes when it comes to choosing the optimal form of
entity for a new business. We can help you evaluate your
options and help you implement your choices.
If you already have one or more successful businesses,
we can help you identify your exit choices and can help
you develop and implement exit strategies on terms and
timelines that best fit your needs and goals.
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Construction Litigation
Our firm is generally
recognized as having one of the best construction law
and litigation sections in the Panhandle. We represent
numerous construction professionals, ranging from
material suppliers to subcontractors, general
contractors, and design professionals. The firm also
represents various construction industry groups, and
attorneys from the firm frequently give seminars on
construction law topics including lien and bond law
claims.
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Estate Planning
Everyone needs an estate plan. It’s about stewardship.
It’s about planning for the disposition of your estate
in a way that will be a blessing and not a curse. It’s
about minimizing gift or estate taxes. It’s about
proactively planning for the possibility that you might
become incapacitated. It’s about planning for the
transition of control.
Whether you need testamentary planning, life insurance
planning, gifting strategies, charitable planning,
business succession planning, or advice relating to
anything that touches on the transition of your
stewardship control over your person or property, we
have the experience and resources and will be honored to
assist you with these very personal and meaningful
issues.
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Insurance Litigation
Our firm handles a variety
of insurance related litigation, including personal
injury protection (no-fault) claims, homeowner’s, title
insurance, and disaster related claims. Our firm
represents medical providers as well as individuals who
have been denied insurance benefits and has many years
of combined experience in assisting homeowners in claims
related to collapse or hurricane related damage.
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Land Use, Planning and Zoning
Our firm works with
developers, businesses and individual property owners in
obtaining approval and permits from local and state
governments.
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Mediation
Our firm has two certified
mediators with many years of experience in successfully
mediating civil lawsuits to resolution. As more and more
claims are referred to alternative dispute resolution,
we are able to assist our colleagues and their clients
with mediation of all types of civil disputes, including
personal injury/wrongful death claims, commercial and
contract disputes, product liability claims,
construction claims,
medical malpractice suits, and real estate litigation.
Our office facilities in downtown Pensacola offer a
convenient and comfortable location for mediation.
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Personal Injury and Wrongful Death
McDonald Fleming Moorhead represents individuals who have been injured in motor
vehicle accidents or families who have lost loved ones due to the negligence of others.
We recognize that these occurrences are stressful for both the injured party and
family members alike and strive to efficiently move our cases to conclusion. Our
attorneys have many years of experience in the preparation and trial of personal
injury and wrongful death cases and use the latest technology to maximize the results
for our clients.
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Probate
McDonald Fleming Moorhead
provides legal assistance for uncontested probate estate
administration throughout all of Florida, from Miami to
Pensacola. Our goal is to help the executor (called
“personal representative” in Florida) with
understandable and economical guidance in a most
difficult and trying time.
Florida has two kinds of administration – summary and
formal. Summary administration is faster and less
expensive, and in those situations which qualify, we
strongly recommend the cost savings achieved in this
procedure.
Estates which do not qualify for summary administration
are handled through “formal administration.” Our firm
charges fees in formal administrations based on the
number of hours our attorneys and paralegals work on the
file. Although Florida law allows attorneys to charge
fees based upon a percentage of the estate (3% of the
first $1
million), our firm has adopted a policy of charging
hourly rates since the percentage fee often works out to
be a “windfall” or excessive fee for the attorney.
If an estate is contested or requires special expertise,
our firm uses experienced “co-counsel” to handle the
dispute or special problem. From the very smallest
estate to the very largest, we stand ready to assist
clients in the transfer of property through a decedent’s
estate.
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Real Estate Closings
Our new office facilities
in downtown Pensacola provide a comfortable and spacious
environment in which we provide closing services for
residential and commercial real estate transactions.
McDonald Fleming Moorhead is an approved agent for
several major title insurance companies.
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Real Estate Development
Our firm provides
comprehensive representation for real estate developers
of residential and commercial projects including
subdivisions and condominiums. Our services range from
project planning, developer entity formation,
negotiation of financing, governmental permitting,
reservation agreements, closing services for acquisition
of property and construction financing, negotiation and
review of contracts (including construction,
architectural and engineering contracts), drafting of
condominium or other associational documents and filing
and approval with required governmental entities. Once
the development is completed, we are well equipped to
handle closings of lots or units to end purchasers.
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Real Estate Law
McDonald Fleming
Moorhead’s real estate department represents
individuals, corporate interests, developers and lenders
in a broad range of real estate matters. Our firm is
experienced in lease drafting and negotiation, contract
preparation, real estate financing, real estate
development, real estate closings and community
association law. We also handle a variety of real estate
litigation including quiet title suits, mortgage
foreclosures, boundary disputes, real estate contract
disputes and title insurance claims and defense.
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Tax
Whether your situation presents federal or state tax
issues, we will strive to help minimize your tax
liabilities without sacrificing your non-tax goals or
objectives. We will also strive to help you avoid
potential or actual pitfalls by using our best efforts
to make you aware of tax liabilities that could or will
result from your intended actions. And if you find
yourself in an tax audit or controversy, we will strive
to assist you to complete the audit or resolve the
controversy in a manner that will lawfully minimize your
overall liability. |
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