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Shupe │ Dhawan has relocated to larger office space conveniently located across from the Broward County Judicial Complex.
Our new address is:
Shupe │ Dhawan
200 S.E. 6th St., Suite 601
Ft. Lauderdale, FL 33301
954-507-7220
www.shupedhawan.com
The new space was required as we expand operations and saves time for our attorneys who are in Court daily. We appreciate all our clients, friends, and business partners who have helped make this move possible and invite you to drop by our new offices anytime.
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Shupe Dhawan is a boutique law firm located in Fort Lauderdale, Florida with experience handling highly complex transactional and litigation matters. We can help you start and manage your business, buy and sell real estate, plan your estate, file a lawsuit on your behalf or defend you in litigation. Our team of experienced attorneys have over 25 years of experience and take great pride in the quality litigation and transactional representation we deliver. You place your trust in us and we make sure that we go the extra mile to get you the best possible result! Make an appointment for your free legal consultation today.
We are happy to answer questions and provide legal assistance. Contact us at 954-507-7220.
Make sure to visit our website at www.shupedhawan.com to learn more about the firm and partners!
You can also find us on Facebook and LinkedIn, or and you can follow our blog to read free legal advice.
Commercial • Corporate • Estate Planning • Lender and Servicer Litigation • Litigation •
Probate and Guardianship • Residential and Commercial Real Estate Closings & Title • Tax
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Did you know that your appearance may affect the court’s jurisdiction?
Many people associate the term appearance with how one looks or appears physically. Although it is true that elements of your physical appearance, including apparel and personal hygiene, may affect how a judge addresses you, the focus of this article will be on the term appearance as it is used in the legal arena.
In legal dictionaries, such as Black’s Law Dictionary, appearance is defined as “[a] coming into court as a party to a suit, either in person or by attorney, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. The voluntary submission to a court’s jurisdiction.” Jurisdiction refers to the court’s authority or power to hear a case and enter binding orders for or against a party.
A party typically appears in a case, with or without an attorney, by filing the party’s first pleading or paper. However, there are instances where an attorney will appear in a case on behalf of a party by filing a notice of appearance as counsel. Unless otherwise specified in the notice, it could be construed as a general appearance and give the court full jurisdiction over that party.
Is that in your best interests? If there is a problem with the way you were served with a lawsuit, you will need to challenge the court’s jurisdiction over you by filing the appropriate motion. If you need more time to respond to the lawsuit, you will need to file the appropriate motion requesting an extension of time.
Recent case law states that the motions referred to above do not constitute a general appearance or submission to the court’s jurisdiction, and therefore, do not result in a waiver of the right to challenge the court’s jurisdiction. However, the motion must be carefully drafted to avoid inadvertently addressing the merits of the case or seeking affirmative relief. Otherwise, it may be treated as a general appearance and a submission to the court’s jurisdiction. That may not be your intention.
An experienced attorney will likely accompany the motion with a notice of limited or special appearance. It is based on your consent and agreement with the attorney as to the scope of representation, and it is intended to make it perfectly clear that you are not making a general appearance or submitting to the court’s jurisdiction. It also bolsters any arguments you may have against the court or an opposing party claiming that you waived your right to challenge the court’s jurisdiction over you in the future.
Pierre G. Mina, Esq.
Pierre is an attorney in the firm’s litigation practice group and focuses his practice on litigated matters. For more information about this article, feel free to contact Pierre at (954) 507-7220.
This article is for information purposes only. It is not to be construed as legal advice or to take the pace of consultation with a lawyer of your choosing.
On October 15, 2014, Florida’s 4th District Court of Appeal ruled that the City of Hollywood is not authorized to delegate its police power to an outside private vendor to determine whether a traffic violation has occurred before sending it to a traffic infraction enforcement officer to issue a citation. The red light ticket issued to the driver was then dismissed.
Note the ruling does not affect the legality of the cameras nor the issuance of violations, it only dealt with the process of issuance of the citations, so don’t go ignoring those citations or red light cameras just yet! You should always consult an attorney if you feel that you have been wrongfully issued a citation and make sure to adhere to the strict timelines given for response.
You can read the full opinion here: http://www.4dca.org/opinions/Oct%202014/10-15-14/4D12-1312.rhg.pdf. City of Hollywood v. Eric Arem, No. 4D12-1312 (Fla. 4th DCA 2014).
Shupe Dhawan 