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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!

  • Man Fired for Wearing Muslim Head Covering

    October 1st, 2015

    An Ocala man has filed a religious discrimination complaint against Denny’s after he alleges he was not allowed to wear an Islamic head covering while working as a restaurant server. In his complaint, the man told the Equal Employment Opportunity Commission that a manager at a franchise-owned Denn... [Link]
  • Where do I file for Bankruptcy if I recently moved?

    October 1st, 2015

    If you recently moved to a new state, figuring out where you should file bankruptcy and which exemptions are available to you can be a little confusing. The one thing that remains the same no matter where you live and when you last moved is that you will be filing your bankruptcy in the United [R... [Link]
  • Is a Form 20 Necessary for a Suppressor?

    October 1st, 2015

    One of the great things about a well written gun trust is that it can be created to deal with multi state issues.  Many people move and even include co-trustees or authorized users who move or are in other states. If your gun trust is only written to deal with your state laws, the chance […]... [Link]
  • Qualified Renunciation

    October 1st, 2015

    We often receive calls regarding challenging a will or trust document.  In Florida, before you can file a will or trust challenge, the contestant must renounce any benefit he or she receives under the document they are attempting to challenge. Reunification is an equitable doctrine in Florida.  In... [Link]
  • Florida Probate and claims from known or ascertainable creditors

    October 1st, 2015

    There was a recent appeal by a creditor who claimed they were known or an ascertainable creditor and did not actual  notice to creditors (40 Fla. L. Weekly S517a).  The estate filed a notice in the paper giving creditors 3 months to file a claim. The known creditor missed the 3 month deadline, but... [Link]
  • China, China, China.

    October 1st, 2015

    Every day it seems that there is an article about another cruise line expanding into China. The Wall Street Journal just reported that cruise lines are posting some of the strongest earnings in history with profits this year for Carnival more than quadrupling. Earnings at Norwegian grew 26% and... [Link]
  • Florida man steals 4 million pounds of oranges

    October 1st, 2015

    Theft can cover just about anything, but as a quick article in the Orlando Sentinel shows, this theft had a distinct Florida flair to it… In nearby Winter Haven, Florida local resident Brad Reiter is accused of a most unusual crime.  Think of the plot of Ocean’s 11 but with more vitamin... [Link]
  • Insanity: Caymans to Build Cruise Pier

    October 1st, 2015

    According to the Cayman Compass, the premier of the Cayman Islands says the government intends to build a huge, monolithic concrete cruise pier in George Town harbor. The environmental impact assessments indicate that the controversial dredge and fill project will cause significant and irrevers... [Link]
  • Mediation in Divorce and Family Law Cases

    October 1st, 2015

    Mediation in divorce and family law cases is a way for the people involved to directly take part in the outcome.  Otherwise, strangers who know very little about the true nature of the dispute will make decisions for those involved in the case.  Mediation is a process where you have a neutral thir... [Link]
  • FEMA Extends Deadline to Request Hurricane Sandy Claims Review

    October 1st, 2015

    While we are all preparing for the possibility of Hurricane or (hopefully) Tropical Storm Joaquin hitting the tri-state area, many east coast residents are still recovering from Superstorm Sandy. To assist people who missed the previous September 15th deadline, FEMA has now extended the deadline to... [Link]
  • 13 new cert grants

    October 1st, 2015

    The Order is here. More to follow on the cases shortly.Meantime, there is some sentencing reform bouncing around Congress. Let's see what happens. This will be a minor, but important and good, step forward. We still need the judges to step up... From the NY Times:A long-awaited bipartisan propo... [Link]
  • The Love Boat and Gerald Bard Tjoflat at Forty-Five Years!

    October 1st, 2015

    This 11th Circuit Opinion turns on Maritime "Law" and Supplemental Admiralty Rule B, regarding a lawsuit “for fraud based on the purchase of what was, at one point, the boat . . . that appeared in the show, "The Love Boat.” " Cool! Take a look-see if Supplementary Admiralty Rule B floats your... [Link]
  • CHIEF AND RED LIGHTS

    October 1st, 2015

    Leslie Rothenberg, formerly of the Dade State Attorneys Office, the Circuit Court bench, a putative run at the State Attorney position, and currently on the 3rd DCA, has been elected chief Judge of the 3rd DCA starting Summer, 2017. And to think, we knew her when.FACEBOOKThe only thing missing... [Link]
  • Bahamian Buffoonery: Nassau Politicians Spat Over Carnival Cruise Crime Warnings

    September 30th, 2015

    The Bahamian newspapers report today on a dispute which has arisen between the government of the Bahamas and the competing party, the Democratic National Alliance (DNA), over Carnival Cruise Line's apparent intention to issue crime warnings to its passengers. A DNA official produced copies of e... [Link]
  • Arnold v. Security National Ins. Co. – Remittitur of Damages in Florida Crash Case Reversed

    September 30th, 2015

    The action of remittitur by a judge in an injury case serves to reduce plaintiff awards for damages that are deemed excessive and should be “remitted.” The criteria for remittitur is set forth in F.S. 768.74. Likewise, this statute also has a provision for “additur,” in which... [Link]
  • Florida Court Provides a Lesson in Nuncupative and Notarial Wills

    September 30th, 2015

    Many lawyers have not heard the terms “nuncupative wills” and “notarial wills” since they took their bar exams (and some perhaps not even then). A recent Florida case provides us with a real world application of these terms. In the case, a testator executed a will in New York before 3 witnes... [Link]
  • How Environment Affects Health – Things your doctor probably won’t ask you about

    September 30th, 2015

    A clean bill of health: The not so difficult questions your doctor may not be asking because well, who really thinks about our exposure to what we put in, around and on our bodies anyway? “Does your child eat Brussel sprouts?  If so, did you know that the residue on vegetables not typically eaten... [Link]
  • Creditor Harassment During and After Bankruptcy

    September 30th, 2015

    Creditor Harassment During Bankruptcy When you file a Chapter 7 or Chapter 13 bankruptcy, something called an automatic stay is put in place as soon as you file. This Automatic Stay prevents your creditors from continuing to try and collect a debt from you, but unfortunately your creditors will most... [Link]
  • 3d DCA Watch -- All Hail the New Bunker Leader!

    September 30th, 2015

    Everyone, please figuratively rise from your desk and give an hearty congratulations to the new Bunkerite-in-Chief (in 2017):Leslie B. Rothenberg Elected to Succeed Judge Richard J. Suarez as Chief Judge of the Third District Court of Appeal in 2017The judges of the Third District Court of Appeal ha... [Link]
  • Prior Flood Damage Does Not Need to Be Repaired to Have Subsequent Flood Claim Paid

    September 30th, 2015

    On May 29, 2015, District Judge John W. DeGravelles of the United States District Court for the Middle District of Louisiana, issued his Ruling and Order prohibiting a Write Your Own flood insurance carrier from denying payment for unrepaired prior damages on subsequent flood loss.1 As with the majo... [Link]
  • Happy Birthday Buddy Rich!

    September 30th, 2015

    The great man would have been 98 today. [Link]
  • SELFIES

    September 30th, 2015

    It was bound to happen. An attorney in Milwaukee won a  first degree murder trial. Then he took a selfie with his client. Then he posted it on Facebook. Then he got into trouble with the court. The story is here. Query: What is the difference between the attorney t... [Link]
  • Florida Drivers License for St. Johns County Habitual Traffic Offender

    September 29th, 2015

    Has your drivers license been suspended as a Florida habitual traffic offender in St. Augustine? Did you receive a letter from the Department of Highway Safety and Motor Vehicles informing you that your license would be suspended for five years … Continue reading →... [Link]
  • 3 Types of Title Issues Which Impact Florida Real Estate Closings

    September 29th, 2015

    In South Florida, when a seller is told by a buyer’s title examiner that there is a “title issue,” that usually means that there is some sort of lien, defect or encumbrance in the public records which clouds the title to the property. In most instances, buyers won’t take ownership of... [Link]
  • Crime in St. Lucia Worries Cruise Merchants

    September 29th, 2015

    The St. Lucia Times reports today that, according to the the Saint Lucia Vendors Association, crime is escalating to the point that cruise lines may consider dropping Saint Lucia from their itinerary. Five years ago, Norwegian Cruise Lines, (NCL) dropped St. Lucia because of attacks on cruise p... [Link]
  • California Wildfires Give Rise to Claims that Must Be Reported Without Delay

    September 29th, 2015

    California wildfires continue to rage through this unseasonably hot summer. The concern that plagues this drought stricken state lies in the fact that not only is water so precious and scarce, our official fire season has barely begun. On September 9, 2015, the Butte fire erupted and it has destroye... [Link]
  • 11th Circuit History Lesson!

    September 29th, 2015

    Back when "community organizing" was considered a good thing and a positive human value, there were a few activists-- joined over time by others -- who sought to advance the cause of civil rights and human decency.If you grew up in the South you know the culture and climate in which these leaders di... [Link]
  • Weeds or native plants?

    September 29th, 2015

    Judge Posner discusses and uses pictures!Good times.It's an 8th Amendment Term from SCOTUS. From Rory Little at SCOTUSblog:Last June, the Supreme Court’s Term ended not with the same-sex marriage opinions (announced three days earlier), but rather with Justice Stephen Breyer’s surprising and co... [Link]
  • Florida Supreme Court Decides Prenuptial Agreement Blocks Wife's Claim to Increase in Value of Non-marital Assets

    September 29th, 2015

    An important new Florida Supreme Court decision helps clarify the applicability of waivers in prenuptial agreements. The court concluded that, if a prenuptial agreement's terms made it clear that a spouse was waiving and releasing all rights and claims to the other spouse's separate property, that w... [Link]
  • Autumn Has Arrived — Heat stroke is still a very real threat though

    September 28th, 2015

    Sept. 23 marked the first official day of Fall, but temperatures in South Florida still reached the high 80s despite the change of seasons. Residents should continue to be cautious of the climate and aware of the signs of heat stroke. According to the American Red Cross, hot conditions cause more de... [Link]
  • E FILE KERFUFFLE

    September 28th, 2015

    In Dade County it is common for those of us who practice in the REGJB to file for arraignment purposes one document that is 1) a notice of appearance; 2) plea of not guilty; 3) demand for discovery. Which is why on the e-filing menu they do not give you an option to file that document. There is... [Link]
  • A Law Pending in the Florida Legislature Unfairly Targets Immigrants for Prosecution for Something they Cannot Control.

    September 28th, 2015

    Recently a concerned colleague sent a me a link to a bill that is under consideration in both the Florida House of Representatives and the Senate. The crux of the bill is to make it illegal for immigrants to be in the State of Florida after they have a final order of deportation. For a copy of t... [Link]
  • Creditor Seeks To Force Sale of Debtor’s House Occupied By His Mother

    September 28th, 2015

    A creditor’s attorney called and asked for help collecting a judgment against a man who jointly owned with his mother a Florida property in which his mother resided as her homestead. The son resided in a different property he owned …The post Creditor Seeks To Force Sale of Debtor’s Hou... [Link]
  • Court Applies Broad Interpretation of "Direct" Causation

    September 28th, 2015

    Plaintiffs owned a home in Arizona insured by Metropolitan Property and Casualty Insurance Company.1 The “Wallow Fire” occurred near the property and consumed the plaintiffs’ detached garage. It also burned the vegetation on a nearby hill. A month after the fire was contained, a mu... [Link]
  • This is Your High Holy Day Appeal!

    September 28th, 2015

    It's like getting a letter or listening to the President of the Congregation make his schpiel, except it's in bankruptcy court!While Olson readily lifted the sanction, he was less inclined to wipe out the order imposing it."It strikes me as inappropriate to vacate it," he said at Tuesday's hearing.B... [Link]
  • Supermoon Sunday

    September 27th, 2015

    It's more exciting than watching the Dolphins.  Yikes.  SO bad.ICYMI, Friday night was the big Federal Bar shindig. The Clerk, Steve Larimore, won the Ned Davis award.  It's a really important honor and I'm glad we remember Judge Davis and his wife Pat every year.  Congrats to St... [Link]
  • Jeffrey P. Gale // Florida Statute 440.205 Workers’ Compensation Retaliation/Wrongful Termination COA (Prong #3)

    September 27th, 2015

    In previous blogs, we addressed the first and second elements of a Section 440.205 Florida Statutes wrongful retaliation/termination cause of action. This blog will address prong the third element. §440.205 reads as follows: Coercion of employees.—No employer shall discharge, threaten to discha... [Link]
  • GEICO v. Lepine – Florida Non-Joinder Rule in Auto Crash Cases

    September 27th, 2015

    Florida’s nonjoinder of insurance statute, F.S. 627.4136, holds that persons injured by an insured can’t add the insurance company to the lawsuit until after there has been a settlement or verdict against the insured under the terms of the policy. The purpose of the nonjoinder statute is... [Link]
  • Coast Guard Medevacs Passenger from Carnival Pride

    September 27th, 2015

    The U.S. Coast Guard medevaced an 80-year-old passenger from a Carnival cruise ship yesterday, according to a news station in North Carolina.  Yesterday afternoon, a Coast guard station in North Carolina received an emergency call from the Carnival Pride that a woman on the cruise ship was... [Link]
  • Slora v. Sun ‘N Fun Fly-In, Inc. – Third-Party Liability Lawsuit May Proceed

    September 27th, 2015

    When a tornado struck at an air show in Polk County four years ago, a worker took shelter inside a security guard shack. But that shack did not provide the protection she’d hoped. It was instead lifted off the ground, overturned and tossed into a nearby ditch by the powerful storm. The injurie... [Link]
  • Are Homeowner Insurers Liable for Faulty Work of Their "Preferred" Vendors?

    September 27th, 2015

    Many insurance companies have "preferred" vendor programs where they recommend to homeowners certain contractors or other professionals who can perform repair work after a covered loss. Well, what happens if the vendor does substandard work and further damages the property? In most cases,... [Link]
  • Applicable Federal Rates – October 2015

    September 27th, 2015

    Follow @crubincrubin... [Link]
  • NFL Week 3 2015

    September 26th, 2015

    ORIGINAL SURVIVOR POOL. Give props to these fantastic four. Two picks for cheating deflators (Jags have never ever won in Gillette Stadium)  and two picks for the Seahawks. We will either wash out or have a week four. If we wash out then these four will continue. See, survivor pool rules. 2015,... [Link]
  • Jeffrey P. Gale, P.A. // Virtually Impossible in Florida to Overcome Workers’ Compensation Immunity (440.11)

    September 26th, 2015

    Florida’s workers’ compensation system was created, in 1935, with the goal of providing benefits to injured workers without the delay of having to prove the accident was caused by the employer’s negligence. In exchange for this no-fault system, employers were granted immunity from... [Link]
  • Like a Broken Record, U.S. Warns of Crime in Nassau

    September 26th, 2015

    As reported in the Nassau Guardian yesterday, the United States Department of State again warned U.S. citizens about traveling to the Bahamas because of high crime. A recent travel advisory posted on the Department of State’s Overseas Security Advisory Council (OSAC) website warns visitors of... [Link]
  • ATF Claims Soda-launching “Can Cannon” is an SBS or AOW when used

    September 26th, 2015

    Many of our Gun Trust Clients have purchased a Can Cannon.  Previously the use of a Can Cannon was not regulated by the NFA, but recently the ATF determined that the use of the Can Cannon in conjunction with a receiver or a pistol creates an item regulated by the NFA.  This may be problematic [... [Link]
  • Bicycle Injuries Doubled From 1998 to 2013, Analysis Shows

    September 26th, 2015

    A new study, conducted by researchers at the University of California, San Francisco, and published in The Journal of the American Medical Association (JAMA), reveals bicycling injuries in the U.S. have risen astronomically in the last 15 years. Sifting through the National Electronic Injury Surveil... [Link]
  • Georgia Public Adjusters Unite! Register Now

    September 26th, 2015

    Join Merlin Law Group at the Georgia Association of Public Insurance Adjusters Fall Meeting on Thursday, October 8, 2015. GAPIA will meet at the Cobb Galleria in Atlanta, Georgia. The meeting will run from 9:00am until 3:00pm and will feature presentations by Merlin Law Group, and Hipes & Bel... [Link]
  • No Charitable Set Aside Deduction for Estate Due to Litigation

    September 25th, 2015

    Under Code Section 642(c)(2) an estate may claim a current charitable contribution deduction for income tax purposes, notwithstanding that the income earned will not be paid or used for a charitable purpose until sometime in the future. That is, the estate need not actually pay income over to the ch... [Link]
  • Civil Judgments and Bankruptcy

    September 25th, 2015

    A civil judgment is obtained when you fail to pay a debt that you owe, such as a credit card debt, and the creditor/lender files a civil lawsuit against you in state court for a breach of contract. If you fail to respond to the lawsuit and/or do not have a valid defense, a civil […]... [Link]