Florida Lawyers Blog Watch header image 5

The Florida Lawyers Blog Watch:

The following is an RSS driven aggregation of the 50 most recent blog posts by lawyers in the State of Florida (Read more about the process...). This is not an exclusive club! If you know of another blogging Florida lawyer, please send a note to Steve Matthews and he'll get them added to the mix!

  • Florida Law for Possession of Fraudulent or Counterfeit License

    July 11th, 2014

    Florida Statute 322.212 prohibits possession of a fake identification card or fraudulent drivers license in Jacksonville.  As a Jacksonville criminal defense attorney, I have seen teenagers arrested for this crime.  It usually comes as a surprise when people find out … Continue reading ͛... [Link]
  • Broker Negligence in North Carolina - Part 2

    July 11th, 2014

    In my previous post regarding broker negligence in North Carolina, I reached the conclusion that North Carolina can be considered an “order taker” state, whereby the insurance agent simply purchases what the client asks for and is under no duty to advise further. The courts have stated t... [Link]
  • Attorneys McShane and Barrouk Honored in Super Lawyers Magazine

    July 11th, 2014

    In the recent issue of 2014 Pennsylvania & Delaware Super Lawyers Magazine, both Justin McShane and Tim Barrouk were honored for their outstanding work in DUI defense.  Super Lawyer employs a rigorous selection process to ensure that those awarded represent the finest attorneys in their pract... [Link]
  • Refusing to Honor Immigration Detainers will put Residents at Risk, not Protect Them

    July 11th, 2014

    Recent news articles across the country highlight the growing trend where cities have begun refusing to honor detainers issued by Federal immigration officers to local jails. These small towns and large metropoli are known as “sanctuary cities.” In these approximately 200 municipalities nation... [Link]
  • Hurricane Katrina Claims Perspectives from September 6, 2005

    July 11th, 2014

    David Charles' claims perspective highlights from September 6, 2005: The drive from my hotel to Gulfport is 135 miles, one way... Today it took 3 and a half hours each way. . . . . So, it's going to be a 7 hour commute every day, round trip [to travel to and from adjustment] [T]he National Guar... [Link]
  • What to Expect in a Florida Criminal Preliminary Hearing

    July 11th, 2014

    Navigating through Florida's complicated labyrinth of criminal law is a task best left to the trained professional-- someone that speaks the language and can even walk the walk when it comes down to it. In the area of criminal law, knowing the rules regarding what is supposed to happen and when it... [Link]
  • Enforcing International Treaties

    July 11th, 2014

    The news of July 9, 2014 from Iraq is that 90 pounds of uranium compounds have come into possession of the Islamic State In Iraq and Levant (ISIS).  The uranium was obtained from a university laboratory in Mosul, a city in Northern Iraq that is occupied by ISIS and is beyond the control of the [... [Link]
  • Who Pays for my Child's Medical Bills When There is Bicycle Accident with a Motor Vehicle in Florida?

    July 11th, 2014

    In Jacksonville and other communities, children ride bicycles on daily basis. Many ride in their local neighborhoods. Some ride to the park, to a friend's house, and elsewhere. Any time, a motorist sees a child riding a bicycle - the motorist should slow down and pay close attention. Many acciden... [Link]
  • Red Hot Trailers vs. Real Hot Trailers

    July 11th, 2014

    Right Trailers, Inc. holds U.S. Trademark Registration No. 4,327,039 for the mark "RED HOT TRAILERS."  Southern Wholesale Trailers and RVs put up a wooden sign outside their business that read "Red Hot Trailers."  In response to a cease and desist from Right Trailers, Southern Wholesale ch... [Link]
  • "The Situation" Is In a "Situation" With His Own Attorney Richard Wolfe!

    July 11th, 2014

    And by "situation" I mean he is being sued for passing a bad check to his long-time lawyer Richard Wolfe:Per the complaint, Wolfe Law is asking the Sorrentinos to pay them $29,175.20. Wolfe Law says that the Sorrentinos attempted to repay at least part of the balance, but the checks cut by the bro... [Link]
  • Roatan: Gun Free Zone?

    July 11th, 2014

    The La Prensa newspaper in Honduras reports that President Juan Orlando Hernández approved legislation last night at a cabinet session to declare that guns are prohibited in Roatan and the Bay Islands. The article is entitled Gobierno de Honduras declara desarme en Islas de la Bah&i... [Link]
  • Carnival Spirit: How Not To Respond To A Man Overboard

    July 10th, 2014

    Carnival's handling of the most recent disappearance of a person overboard, a chef from India, has been a mess. The Carnival Spirit is in violation of the 2010 Cruise Vessel Safety and Security Act. Like all other Carnival cruise ships, the Carnival Spirit has no automatic CCTV man overboard sy... [Link]
  • Privacy Group Files a Complaint Against Facebook

    July 10th, 2014

    From Law Technology News an article discussing the suit brought against Facebook by the Electronic Privacy Information Center. The case asserts that Facebook manipulated users feeds to see how the changes would affect their emotions. Read more here. Posted by... [Link]
  • AN UN-FRIENDLY JURY INSTRUCTION

    July 10th, 2014

    BREAKING: LEBRON......LEGONEWhen the going gets tough, the spoiled pick up their ball and run home to momma. Just wondering about all those fake Heat fans who told Rumpole that we knew nothing about basketball because Le-gone opting out of his contract was just a a way for him to re-sign with M... [Link]
  • Will Florida's Evolution of Legal Marijuana One Day Allow You to "Party" with the President?

    July 10th, 2014

    Under the current status of legal marijuana in Florida and the long road traveled to arrive at Florida's limited medical use of legal marijuana, it doesn't seem likely that the near future makes Florida a place where people can freely offer marijuana to the president without the threat of criminal p... [Link]
  • Florida Supreme Court Overturns 30-Yr Death Penalty Conviction Orders New Trial for Paul Hildwin

    July 10th, 2014

    Paul Hildwin resides on Florida’s Death Row, having been sentenced to death for the 1985 killing of Vronzettie Cox who had been raped before she was strangled to death and her body left to be found in the trunk of a car.   For three decades, Mr. Hildwin has lived behind bars as a man awai... [Link]
  • There is No Reasonable Expectation of Privacy in One's Bank Records

    July 10th, 2014

    We have written at length about various search and seizure issues including whether the police need a search warrant to conduct certain searches. As many people know, the Fourth Amendment protects people from unreasonable searches and seizures conducted by the government. However, in order to be a... [Link]
  • Prisoner Gets Second Chance to Seek Credit for Time Served Out of County and Out of State

    July 10th, 2014

    A man convicted and sentenced in Pinellas County but who also served time out-of-county and out-of-state received a renewed chance to obtain credit for that time served. The Second District Court of Appeal revived the prisoner’s motion for credit, ruling that due to a three-year gap between th... [Link]
  • Finding Your Digital Assets After Death

    July 10th, 2014

    I’ve written before about estate planning for your digital assets and online accounts. Well this article isn’t necessarily about planning, but what happens after you die – especially if you don’t plan (or even if you do). I do both estate planning and probate and trust admin... [Link]
  • The Silicon Chip Inside Her Head Gets Switched To Overload...

    July 10th, 2014

    Sometimes blogging is hard, thankless work. But other times the posts just write themselves. For example:The Florida Supreme Court has suspended indefinitely a lawyer who drew attention with assertions that others controlled and tortured her through a microchip illegally implanted in her brain. ... [Link]
  • Hurricane Katrina Insurance Claims Perspectives on September 5, 2005

    July 10th, 2014

    Here are some highlights from David Charles’ Hurricane Katrina Blog regarding his views on September 5, 2005: People who do this for a living network heavily. That's a nice way of saying they gossip like a bunch of old ladies at a quilting guild. My phone never stops ringing. It's been that w... [Link]
  • What if My Child is Injured in an Automobile Accident on Interstate 95 in the State of Florida?

    July 10th, 2014

    Interstate 95 spans the State of Florida from South Florida all the way to the Florida - Georgia State line. It is a major highway through the eastern cities in the State of Florida with traffic that flows North and South. Every day, there are accidents reported on Interstate 95. Some are small fe... [Link]
  • No Jacket Required!

    July 10th, 2014

    Partnering with the US Department of Justice! [Link]
  • Fire Rescue Crews Save Man from 25-Foot Hole in at St. Pete Construction Site

    July 9th, 2014

    A St. Petersburg Fire Rescue crew saved a man after he fell into a deep hole at a construction site Wednesday morning. The 57-year-old man was working with a construction crew on top of a concrete lift station at 92nd Avenue N and 3rd Street. Authorities believe he may have backed into the 2-foot-by... [Link]
  • Stand Your Ground Law and Convicted Florida Felons: Can Felons be Immune to Prosecution for Possessing and Firing Guns?

    July 9th, 2014

    Currently, a controversial question has come about in Florida: Should a convicted felon, who because of his status as a convicted felon has lost the right to legally own or possess a gun, be afforded the chance to claim self-defense and be immune from prosecution if he shoots someone while defending... [Link]
  • USA TODAY / 10 BEST Announce John Heald As Best Cruise Blogger, Cruise Law News Comes In Sixth Place

    July 9th, 2014

    USA TODAY / 10 BEST announced the winners today in the "10Best Readers’ Choice New Media Award for Best Cruise Blogger." An initial list of 20 cruise bloggers was selected by a panel of experts.  The experts were USA TODAY Cruise Log blogger Gene Sloan, long-time Cruise Div... [Link]
  • David Charles, Good Guys, and Memories from Katrina

    July 9th, 2014

    David Charles contacted me to help him and others regarding Superstorm Sandy flood damages. He is a veteran of many storms. He has been a catastrophe adjuster for over thirty years. There are some old timers in this activity, but David has a way with words to explain what he sees, knows and feels. I... [Link]
  • Arrested in Jacksonville After Police Stopped for License Plate Tag

    July 9th, 2014

    As a Jacksonville criminal attorney, I have had many clients that were stopped for a traffic infraction and then arrested for something else.  For instance, a person may be stopped for speeding.  The police officer goes to issue a Florida … Continue reading →... [Link]
  • Timestream

    July 9th, 2014

    Timestream is a productivity tool that helps you organize and collaborate. It's designed to streamline Investigations & visualize cases. Timestream allows for a fully interactive timeline. You can drag case evidence into Timestream and share with others. You can zoom... [Link]
  • THE IRS’ NEW 2014 OFFSHORE VOLUNTARY DISCLOSURE PROCEDURES (Part 1)

    July 9th, 2014

    Last weekend I published the introduction to my partner, Rick Josepher’s, analysis of the new offshore enforcement environment in light of the new 2014 Offshore Voluntary Disclosure Procedures. You can read his introduction here. Below is Part 1 of his 6 part series. -----------------------------... [Link]
  • Insured Failed to Demonstrate Feng Shui Expense Was Within Scope of Policy's Coverage

    July 9th, 2014

    A federal court in California was recently presented with an interesting question: was an insured entitled to recover the costs associated with retaining a feng shui consultant? The case, Patel v. American Economy Insurance Company, et al.,1 stemmed from a fire that began in the basement of a commer... [Link]
  • England v. Brianas – Domestic Violence Victims’ Duty to Warn

    July 9th, 2014

    Courts are generally reluctant to hold third-parties civilly responsible for criminal attacks carried out by others. However,  Naples personal injury lawyers know there are notable exceptions to this primarily in premises liability law, where defendants such as landlords or night club owners may ha... [Link]
  • DUI Checkpoint for Gettysburg Bike Week

    July 9th, 2014

    Motorcycle enthusiasts from all over will be flocking to Gettysburg for the 13th Annual Gettysburg Bike Week.  Police are planning to target the event with a DUI checkpoint: Sobriety checkpoint planned for Gettysburg Bike Week A sobriety checkpoint is slated for Bike Week in Gettysburg, according t... [Link]
  • 3d DCA Watch -- Trial Judge Merry-Go-Round!

    July 9th, 2014

    Hi kids, the bunker has decided to grace us this week with a fairly scholarly opinion on shareholder derivative/individual suits, in addition to the usual mix of PCAs and obscure reversals in part that require you to piece together several opinions to understand what actually happened:Popkin v. Scha... [Link]
  • Lawful Permanent Residents can be found inadmissible to the U.S. for crimes for which they have not yet been convicted.

    July 9th, 2014

    In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that the Government might rely on subsequent convictions to prove that a returning lawful permanent resident (LPR) is applying for admission and is removable from the U.S. In this case, Maria Luz Munoz was a long-time LPR of... [Link]
  • The FBI and Racial Profiling Techniques

    July 9th, 2014

    The FBI announced changes to its interrogation protocol when investigations concern national security.  Newer rules would allow profiling techniques, such as, mapping of certain ethnic groups.  In past years, civil rights concerns were raised about the use of racial profiling.  The FBI changed it... [Link]
  • Is a Dog Owner Liable for the First Bite of a Dog in the State of Florida?

    July 9th, 2014

    Dog bite liability laws vary from State to State. Some of the genre of laws are as follows: 1. Negligence Standard. Under the negligence standard, a dog owner is liable if the dog owner knew or should have known that the dog had dangerous propensities but failed to take preventative actions to pr... [Link]
  • FREE SPEECH, NORTH OF THE BORDER

    July 9th, 2014

    BREAKING: EX MIAMI BEACH POLICE OFFICER "FUNNY FACE" DERICK KUILAN, HAS BEEN SENTENCED TO 18 MONTHS FSP.  MIAMI HERALD STORY IS HEREBREAKING: KEN KUKEC ARRESTED IN KEYS FOR POSSESSION OF COCAINE. KEY'S NET HAS THE STORY HERE. BREAKING MIRANDA RE-SENTENCES ALEX MICHAELS-In a hearing that ap... [Link]
  • Profits Over People: Parasailing Operators Still Don't Get It. New Law Goes Into Effect October 1, But Operators Are Getting In Last Dangerous Runs

    July 8th, 2014

    Despite passage of the nation's first law regulating parasailing, many who operate parasailing businesses still care more about cash than lives. The law, which goes into effect October 1, limits when parasailing can take place, the wind speeds and when there is lightning within 7 miles. Operators m... [Link]
  • Are There Dangers with a Florida Real Estate Agent Representing Both Buyer and Seller?

    July 8th, 2014

    When someone in Florida wants to sell their home or condo, they (usually) hire a real estate agent to help them do so. When someone wants to buy residential real estate here in Florida, they do the same thing: they hire themselves a real estate agent. Which means, that in most situations there are t... [Link]
  • Carnival Finally Bans Smoking on Balconies

    July 8th, 2014

    Carnival Cruise Lines announced today that smoking will be prohibited on stateroom balconies effective October 9, 2014. Carnival Cruise Line  spokesperson Vance Gulliksen said that the new policy is in response to comments by the majority of its customers.   It's about time.  In 2007,... [Link]
  • U.S. Coast Guard Medevacs Cruise Passenger From Carnival Paradise

    July 8th, 2014

    The U.S. Coast Guard medevaced an ill 65-year-old woman from the Carnival Paradise early this morning. The Carnival cruise ship was approximately 70 miles west of Boca Grande, Florida.  According to the Coast Guard, the master of the cruise ship notified the Coast Guard station in St. Pete... [Link]
  • Manatee County Criminal Defense Attorney :: Bradenton Police Officer Arrested in Prostitution Sting

    July 8th, 2014

    A Bradenton police officer was recently arrested for soliciting a prostitute. The Manatee County Sheriff’s Office has been working undercover for the past few months to catch prostitutes. Deputies targeted both prostitutes and “johns” on websites. Once a price was successfully negotiated, the... [Link]
  • Manatee County Criminal Defense Attorney :: Bradenton Police Officer Arrested in Prostitution Sting

    July 8th, 2014

    A Bradenton police officer was recently arrested for soliciting a prostitute. The Manatee County Sheriff’s Office has been working undercover for the past few months to catch prostitutes. Deputies targeted both prostitutes and “johns” on websites. Once a price was successfully negotiated, the... [Link]
  • Stopping for a garage sale, man picks up 9th DUI!

    July 8th, 2014

    From a CBS affiliate, lucky number nine was anything but for Dale Gufoil... A simple stop at a nearby yard sale turned out to be his undoing. 51-year-old Gufoil was arrested on a multitude of charges including his ninth DUI! Last Sunday, police responded to a yard sale after reports of a broken d... [Link]
  • Jacksonville Hit and Run Accident Carries Minimum Mandatory Sentence

    July 8th, 2014

    A tragedy occurred in Jacksonville Beach during the 4th of July holiday.  Daniel Stein died after being hit “by a vehicle while crossing the street early Saturday morning. The incident happened at 1:43 a.m. Saturday at the intersection of North … Continue reading →... [Link]
  • What Constitutes a Total Loss in Hawaii?

    July 8th, 2014

    If you are a frequent reader of this blog, you are familiar with our state-by-state series on "total loss" standards. This week, I turn to Hawaii, the Aloha State. First, some little-known facts about the beautiful state. 137 islands make up the Hawaiian island chain (only 7 of the islands... [Link]
  • STATE VS FEDERAL COURT

    July 8th, 2014

    The gauntlet has been thrown down!That known troublemaker David O Markus with a K,  has been fanning the fires on his blog here.  The agitators are in the comments section. Which system produces the better trial lawyer? State court or federal court. It would be interesting t... [Link]
  • Preliminary Injunction - David vs. Goliath

    July 8th, 2014

    Conair Corporation has substantial rights to U.S. Patent Nos. 8,607,804 and 8,651,118 (and its subsidiary owns Design Patent D696,456) relating to a hair styling device.  Conair sold approximately one million of these devices in 2013 and projects that it will sell approximately two million this... [Link]
  • Should a Boppy Pillow or Other Type of Pillow Be Used in Day Care Centers as a Sleep Aid or Sleep Positional Device?

    July 8th, 2014

    A Boppy Pillow is a crescent shaped pillow that has been in the marketplace for 25 years. It is used by families, schools, and day care providers as a positional device for infant exercise, strengthening, and during feeding time. While the Boppy Pillow is quite popular and a useful item to have,... [Link]