Licensed In
Florida & Mississippi
AV Rated
Attorney
Decades of
Proven Experience
FREE CONSULTATION

Practice Areas

Being a solo practitioner with wide-ranging experience provides this practice with the flexibility and platform needed to support many client needs across a broad spectrum and in two states (Florida and Mississippi).  Here is an incomplete but illustrative list of matters this law practice has handled over time:

Residential and Commercial Real Estate

This office represents builders, developers, and homeowners in residential and commercial real estate transactions, ranging from single-family residential purchases to complex hotel and other commercial projects across multiple states.  This law practice has helped close hundreds of real estate transactions and continues to do so to this day.  Properties have included residential developments, shopping centers, hotels, restaurants, office buildings, single family residences, industrial park properties, and even cellular communication towers.  

 

Neighborhood Governance and Vacation Rentals

This office offers advice and counsel to HOA leadership and members at every stage, including with HOA formation and governance, creation of HOA covenants, rules, and bylaws, and covenant enforcement and dispute resolution.  Mr. Montague enjoys representing homeowner associations and HOA members on an ongoing basis in Florida and Mississippi.

In Florida, short term vacation rental owners and their neighbors have called on this office for help with the following and more: drafting short term vacation rental agreements, beach access and use, handling noise and nuisance complaints from the perspectives of both the rental property owner and affected neighbors, covenant disputes, county ordinance enforcement and response, and the sale and purchase of vacation rental properties. 

Mr. Montague regularly helps clients with formation and operation of for-profit and non-profit corporations, limited liability companies, general and limited partnerships and proprietorships.

The form of business organization one chooses can greatly affect daily operations and tax consequences. This practice advises business clients with business formation decisions by reviewing individual goals and facts before recommending a limited partnership, general partnership, limited liability company, or corporation, and before advising concerning the different elections or options available under each format. Mr. Montague provides clients with effective legal advice about:

  • Formation and governance of HOA’s and other business entities
  • Corporate, shareholder, and partnership disputes
  • Director and officer liability
  • Dissolution
  • Business formation
  • Incorporations
  • Limited liability corporations (LLC’s)
  • Partnerships
  • Shareholder rights

Wills, Estates and Probate

Attorney Frank Montague (1925-2013) and Son, Brian

This office drafts Florida and Mississippi estate plans (including wills, trusts, health care directives, powers of attorney, and other instruments) with regularity, and represents estate representatives and beneficiaries in the probate courts of Florida and Mississippi.  Drafting an estate plan requires careful consideration of each client’s unique circumstances and knowledge of applicable state law.  Further, administering and closing a decedent’s estate, and distributing assets, can be challenging.  This office can help with both estate planning and probate, whether in Florida or Mississippi.

Asset Purchases and Sales

This office has negotiated and memorialized contract terms of several multi-million dollar asset sales and purchases, including an asset sale to one of the largest communications concerns in the United States, the purchase of hotel properties and assets across five states, and the acquisition of residential developments in two states.  Mr. Montague understands large volume asset sales and acquisitions and the legal issues they trigger.

Whether representing a buyer or seller, a large corporation or family-owned business, this office’s goal is to work to maximize the advantages and minimize the risks in all asset sales or purchases.

Insurance Claims, Coverage, and Defense

Having a lengthy history of both defending and prosecuting civil lawsuits at the trial and appellate levels, and with decades of experience working day in and day out with insurance carriers, their insureds, and those with claims against either, this office knows well the law regarding insurance. With respect to liability and coverage disputes of all kinds, Mr. Montague has advised and represented insureds, insurance companies, and those with claims against either. 

Matters have included:

  • Commercial General Liability
  • Personal Injury Defense and Prosecution
  • Homebuilder’s Defense and Prosecution
  • Homeowner’s Representation
  • Commercial and Personal Lines
  • Loss of Business Income Claims
  • “Civil Authority” Claims
  • Director and Officer Liability
  • Errors and Omissions
  • Umbrella Coverage
  • Professional Liability
  • Uninsured and Underinsured Motorists Claims and Defenses
  • Automobile Accidents
  • Eighteen Wheeler Litigation, including Wrongful Death

Coverage work on behalf of both insureds and insurers has included contractual coverage issues, policy conditions, duty to defend analysis, bad faith defense and claims, business risk and pollution exclusions, personal injury, premises liability, products liability, uninsured and underinsured motorist coverage issues, fiduciary responsibility, and employer practices liability.  Mr. Montague has worked closely with professional risk managers, claimants, claims adjusting firms, and in-house counsel to resolve and prevent liability and coverage disputes.

Military Law

As an experienced civilian attorney and a member of the Judge Advocate General’s Corps for twenty-one years, Mr. Montague is especially capable of representing members of the military in the following contexts: 

  • Administrative separations
  • Article 15 proceedings (Article 5 of Mississippi Code of Military Justice)
  • Court martial proceedings
  • Dishonorable discharge and non-judicial punishment procedures
  • Lautenburg Amendment issues
  • Uniformed Services Employment and Re-Employment Rights Act (USERRA) matters
  • Servicemembers Civil Relief Act (SCRA)
  • Uniformed Services Former Spouses’ Protection Act matters

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Call Now : 850-460-3213

brian.m@montaguelawyer.com
·  By Appointment