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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!

  • Heritage Insurance Taking Over More Than Two-Thousand Commercial Residential Policies From Citizens - Is Your Policy One of Them?

    October 30th, 2014

    If you’re an insured with a commercial residential policy issued by Citizens Property Insurance, or if you’re assisting an insured with a claim under one of these policies, it is important to know the answer to the question above. Why? It will make a big difference in terms of which insu... [Link]
  • Does the Cop smelling marijuana really mean anything?

    October 30th, 2014

    Another attorney recently emailed me asking me about what a cop smelling marijuana really means.  It is a very interesting question because smell often comes up in cases involving alcohol and marijuana.  Here are some thoughts: Just because someone’s clothes smell like marijuana (assuming th... [Link]
  • Drug Dog Sniffs - Bo the Dog Busts his Owner

    October 30th, 2014

    Drug Dog SniffsDrug Dog Search Update - Breaking news that an unwitting dog helped police bust his owner. The cops were chasing a drug suspect who hid in tall grass. The narcs had noticed the suspect had a dog. For those playing along at home, the dog's name was Bo. Anyhow, when confronted by the po... [Link]
  • WEDNESDAY NOTES

    October 30th, 2014

    Bruce Lyons, the next recipient of BACDL’s Harry Gulkin Award.  Congrats!  BACDL at war - the proposed letter to Pete Weinstein in protest of Lynn Rosenthal’s possible return to the criminal division has sparked some real internal turmoil over at BACDL.  The emails are flying, and Ro... [Link]
  • DISCO

    October 30th, 2014

    Feeling a little bored, maybe a little blue? Then we have just the thing for you. A little smattering of 3rd DCA justice. The ABC's of discovery are on full display in M.H. v. State, and Judge Rothenberg and company reach the conclusion that it is a discovery violation most foul when the State... [Link]
  • South Florida Man Receives 2 Years in Prison for Unemployment Fraud

    October 29th, 2014

    A South Florida man has been sentenced to nearly two years in federal prison for stealing thousands of dollars in state unemployment insurance. A federal judge also ordered the 24-year-old Miami man to pay more than $60,000 in restitution last week. Earlier this year, the man pleaded guilty to aggra... [Link]
  • South Florida Man Receives 2 Years in Prison for Unemployment Fraud

    October 29th, 2014

    A South Florida man has been sentenced to nearly two years in federal prison for stealing thousands of dollars in state unemployment insurance. A federal judge also ordered the 24-year-old Miami man to pay more than $60,000 in restitution last week. Earlier this year, the man pleaded guilty to aggra... [Link]
  • Hiring Jacksonville Criminal Lawyer After Florida Georgia Game

    October 29th, 2014

    I have written articles in the past on this website and the Jacksonville attorneys website about the arrests that occur during the Florida Georgia game. We all remember what it was like to be a college student. Tailgating is a normal … Continue reading →... [Link]
  • "As Kim Kardashian is with her husband, I'm not going to keep you long."

    October 29th, 2014

    That was Chief Judge Ed Carnes today at Robin Rosenbaum's investiture. It was a great event with lots of good speeches.  Judge Carnes also invoked the song "Don't Rock the Boat Baby" in describing the importance of collegiality on the 11th Circuit.Judge Stanley Marcus (who has known Judge Rosen... [Link]
  • More YES On 2

    October 29th, 2014

    A great endorsement for Amendment 2 here from Florida Today.If we can expand personal freedom without creating a new public harm, we should do it. If we can empower the sick with an affordable, relatively safe option for treating pain, lost appetite or other chronic symptoms, we should do that too.&... [Link]
  • Revocable Trusts and Asset Protection

    October 29th, 2014

    Many times we get questions from clients asking if their revocable trust provides asset protection from creditors. The answer to this is the typical legal answer "It Depends". That is it depends on who owes the money. In Florida a revocable trust can provide some limited protection against the c... [Link]
  • Social Security Administration Sued for Denying Same-Sex Spousal Benefits

    October 29th, 2014

    Last week a Texas widow denied spousal benefits after the death of her wife filed a federal lawsuit against the Social Security Administration (SSA). SSA said that it is bound by law to determine marital status based on where the insured lives, not where the marriage took place.Same-sex marriage has... [Link]
  • Social Media Sites: Cyberbullying and Springboard for Conflict

    October 29th, 2014

    While cyberbullying continues to plague the youth population, another source of conflict is arising on social-media sites, concludes a 2014 study that tracks the computer habits of U.S. teens. Half of those surveyed said they got into an offline argument as a direct result of an online post. That nu... [Link]
  • Will Lava Flow Bring Insurance Theft Claims?

    October 29th, 2014

    The last few weeks the world has turned its attention to the Puna lava flow on the big island of Hawai’i. Two weeks ago I visited this subject as the ‘a’a (creeping) lava neared the town of Pahoa and the questions of whether the damages would be covered under a fire claim or an ear... [Link]
  • 3d DCA Watch -- One Thing Leads to Another Edition!

    October 29th, 2014

    Hi kids, this week the Bunkerites elected to issue a few written utterances!It's almost as if a group of decision-makers thought through a legal issue and then decided to write their thoughts down so others could review their thoughts, and perhaps be guided in future cases by them, or potentially di... [Link]
  • It's Murderous in the Bahamas: Homicides Expected to Exceed 2013 Rate

    October 29th, 2014

    The headlines in the Nassau, Bahamas newspapers over the last 24 hours are ominous -  Man Shot Dead in Home Invasion, Shot Dead Defending Parents and Fatal Shooting in Fox Hill.  These murders take the number of homicides in the Bahamas to 96 and 97 for the year.   The Nassa... [Link]
  • TUESDAY NOTES

    October 29th, 2014

    So you want to be a judge? - here are some of the people rumored to be running for judge next time around: Betsy Benson (for Linda Pratt’s seat), Lea Krauss, Deborah Carpenter-Toye, Brad Collins, and Jahra McLawrence.  Keep an eye on the JNC applicant pool for Gary Cowart’s seat too; so... [Link]
  • Sister Helen Prejean Talk: Preview of Terence Lenamon and Sister Helen on Nov 8

    October 29th, 2014

    Terence Lenamon will have the honor of being part of a panel discussion on death penalty issues with Sister Helen Prejean next month (see our previous post for time and date details). As for what that panel discussion might include, check out this video of Sister Helen discussing "Together We C... [Link]
  • New Study: Cyberbullying is Spiraling

    October 28th, 2014

    The news about cyberbullying – a terrible trend involving online abuse between children, teens and young adults – just got worse. A study by McAfee, an Internet security company owned by Intel, reports cyberbullying incidents tripled in 2014. “Alarmingly…a whopping 87% have witnessed cyberbu... [Link]
  • Inspecting Your Condo Records: What are the Official Records that a Florida Condo Association Must Maintain?

    October 28th, 2014

    Every Florida Condominium Association is required by Florida law to maintain and keep certain documents as part of its official records. The Condo Association has no option; it would be a violation of the Florida Condominium Act for specific documents not to be kept and preserved and ready for inspe... [Link]
  • When do prescription drugs expire in Pennsylvania? Warrantless Fishing expeditions in DUID cases by the Government

    October 28th, 2014

    As more and more efforts by our government are being made to try to criminalize legitimate medical palliative care issued by a trained clinician, the more a DUI lawyer has to learn and know about the law and the science behind pharmacology. This is never more true than in the case of Driving Under t... [Link]
  • Pennsylvania - Late Notice: Claims-Made Policies & Notice-Prejudice

    October 28th, 2014

    Immediate knowledge of a loss is never guaranteed. For example, many northeastern residents winter down south and they may go months without visiting one of their properties. What happens if during one of those periods their property is damaged and they don’t find out until months later? In th... [Link]
  • Florida Probate Intake form

    October 28th, 2014

    Many of our clients have asked us to put our Florida Probate Intake form online so that they can easily download it. You can download the Florida Probate Intake form with the following link: Probate Intake Form.pdf... [Link]
  • Report: Doctors Continue Practice Despite Numerous Malpractice Payouts

    October 28th, 2014

    A recent report by CBS News indicates of dozens of Florida doctors with the most medical malpractice payouts, only four had lost their medical license. In three of those cases, action was only taken after the physician was arrested for either billing fraud or drug trafficking. In the fourth, the doc... [Link]
  • Florida Law for Driving on Suspended License in Jacksonville

    October 28th, 2014

    If you are caught driving on a suspended or revoked license in Jacksonville, you will either be given a Jacksonville traffic ticket or arrested. If you are a Florida habitual traffic offender, you may be arrested for a felony. If … Continue reading →... [Link]
  • The Effect of Traumatic Brain Injuries on Adolescents

    October 28th, 2014

    There seems to have been a rise in the number of traumatic brain injuries (TBI) in recent months and most come from team sports at both a professional and a school aged or “amateur” level.  A TBI, sometimes referred to as a “brain trauma,” is sudden physical damage to the brain that cau... [Link]
  • Reflections on the Two Year Anniversary of Superstorm Sandy

    October 28th, 2014

    Yesterday, I was up very early in the dark and flew from Tampa into a cool New Jersey morning in Newark – then drove down the Garden State Parkway along trees burning with red, yellow, and gorgeous shades of purple mixed with green. It is two years from the anniversary of Sandy's fury, and we... [Link]
  • Oy Veh -- How Do We Get These Parties to Mediation Again? It's Neither Art Nor Science!

    October 28th, 2014

    Magistrate Judge Goodman is still presiding over that Procaps case and, after a failed mediation, the plaintiff sought to order the defendant back to the negotiating table.How do you defend against such a motion?  Of course you have to mention something about the failed mediation (even if the d... [Link]
  • Do Statutory Prevailing Party Attorney Fees Apply in Lawsuits Under Local Law Pension Plans?

    October 28th, 2014

    Regina Keenan The Florida Supreme Court in Board of Trustees of the City Pension Fund for Firefighters & Police Officers in the City of Tampa v. Parker (SC 12-890) held that parties that prevail on claims for benefits under local law pension plans are entitled to attorney fees under ss. 175.061... [Link]
  • The Constitutionality Of Law Enforcement’s Use Of Cell Phone Data To Track Suspects

    October 28th, 2014

    Kristen Larson and Regina Keenan In Tracey v. State (SC11-2254), the Florida Supreme Court held that a trial court erred in admitting evidence obtained from real time cell site location tracking which was not authorized by a court order, and regardless of any federal or state statutory provisions, i... [Link]
  • Investigation of Florida Sex Crime Sting Operations Changes the Way Police Operate

    October 27th, 2014

    Florida cybercrime and solicitation charges are incredibly serious; if you are convicted, you can face many years behind bars, the destruction of your personal reputation and business, and untold damage to your self-esteem and important relationships in your life. That’s why when 10News (in Tampa... [Link]
  • Prenuptial Agreements: Divorce Planning or Collaborative Marriage Planning?

    October 27th, 2014

    Prenuptial agreements have been around for quite some time in Florida.  They are an agreement between people who are about to wed in which the parties set out their rights and responsibilities in a written document that is executed in … Continue reading →... [Link]
  • I FEEEEL GOOD......

    October 27th, 2014

    UPDATE: Joseph Richer was convicted Monday night of second degree murder for shooting a maintenance worker in the back as he fled after Richer produced a gun when police arrived to convict him. Richer was also convicted of attempted first degree murder of a law enforcement officer. The last cal... [Link]
  • Department of Transportation Creates Cruise Ship Information Site

    October 27th, 2014

    In July of 2013, Senator Rockefeller introduced the Cruise Passenger Protection Act of 2013. The bill was designed to provide the Department of Transportation (DOT) with greater authority to protect consumers and investigate complaints of unsafe conditions and ill-treatment on cruise ships. The... [Link]
  • Big unpublished opinion from the 11th Circuit reversing because of a judge's refusal to ask voir dire questions related to sexual preference prejudices

    October 27th, 2014

    Judge Martin issued this 2-1 opinion in United States v. Bates, holding that it was reversible error not to ask potential jurors about their biases against "men who have sex with men." Northern District of Florida Judge Robert Hinkle dissented while Judge Richard Eaton from the Court of Internation... [Link]
  • The Privacy Concerns in Getting Witness Information

    October 27th, 2014

    In all kinds of cases, witnesses can provide vital information that can lead a jury to enter a verdict for damages in favor of an injured person. Witness information is of particular importance where facts are disputed. A single witness, especially neutral witnesses with no stake in the outcome, can... [Link]
  • UPDATE: Exploding Airbag Recall Numbers Grow Larger

    October 27th, 2014

    Earlier this year a recall was announced for several car companies that were having problems with their vehicles’ airbags. The recall was made due to a faulty airbag that would shoot shrapnel at the driver and front passenger in the car when the airbag deployed. These faulty airbags come from Japa... [Link]
  • "Never dance with a Cuban."

    October 27th, 2014

    That was Justice Sonia Sotomayor, speaking at an event at Yale with Justices Thomas and Alito (see post below for more on the event and Alito getting turned away from brunch).  The Washington Post covers Justice Sotomayor's dance preferences:The justice, whose family hails from Puerto Rico, sai... [Link]
  • Utah Enacts Favorable Asset Protection Trust Statute

    October 27th, 2014

    Only a few states have enacted asset protection trust legislation to provide creditor protection through a self-settled irrevocable trust. Those states with domestic asset protection trust (DAPT) statutes compete with one another by maintaining laws that attract investment assets to …The post... [Link]
  • Recent Florida Appellate Court Case Involving Waiver Of Appraisal

    October 27th, 2014

    Recently Florida’s Fifth District Court of Appeal (“5th DCA”) issued a ruling related to whether a policyholder had waived the right to participate in the appraisal process.1 The right to participate in appraisal under the policy can be waived if actions are taken that are inconsis... [Link]
  • Let's Talk Judge Walsh -- It's Countdown Time!

    October 27th, 2014

    I suppose we should talk former Chief Judge Joel Brown too:As the former chief judge of Miami-Dade Circuit Court, I do know what will happen if our community fails to support this project. The existing 90-year-old Dade County Courthouse is not only an eyesore and a disgrace to the dignity of our... [Link]
  • “Well, he should have made a reservation. We get very busy for brunch.” -- hostess after turning Justice Alito away for brunch

    October 27th, 2014

    Above the Law has a cute story about Justice Alito being turned away for brunch yesterday and how he handled it graciously.  This shouldn't be a big deal obviously, but when you have judges yelling at store clerks to take down signs, it's nice to hear that some judges have manners.Anyway, three... [Link]
  • Emergency Liferaft Deployed on Drunken Celebrity Solstice Cruise to Nowhere

    October 26th, 2014

    This morning I received messages from readers of Cruise Law News indicating that a passenger deployed a liferaft from a canister during a three night "cruise to nowhere" sailing from Australia. One person on the ship said: "I have just returned from a 3 night cruise on the celebrity S... [Link]
  • Bondi; Tired, Played Out, Yesterday's News

    October 26th, 2014

    As with her first and second marriages, Pam Bondi doesn't get what she wants.A Florida appeals court has refused to let Attorney General Pam Bondi take the state's gay marriage ban directly to the Florida Supreme Court. The 3rd District Court of Appeal on Friday indicated it will likely rule it... [Link]
  • Crocker v. Morales-Santana – Truck Company Liability

    October 26th, 2014

    When semi-trailers are involved in highway accidents, the impact is often devastating. In many cases, the result is lifelong, permanent injuries and death. The sheer size of these vehicles, plus the long hours and intense deadlines faced by drivers, contribute to the danger. But when it comes to rec... [Link]
  • New York Federal Court Rules That Definition of "Covered Location" in Flood Policy Does Not Include Generator in Basement

    October 26th, 2014

    The Second Circuit Court of Appeals recently considered whether a generator damaged by Superstorm Sandy – located in the basement of the insured’s corporate headquarters in New York City – was covered under a flood policy. Based on the plain language of the policy and the definitio... [Link]
  • NFL WEEK 8 2014

    October 26th, 2014

    Another travel day, so another terse post, foregoing our witty repartee and analysis for just getting something out:We're not off the Bengals bandwagon, and we can't pass them up with +2 at home, and the Ravens just aren't as good as their record. (WIN)But the Dolphins on the road at JAX -6 mea... [Link]
  • You Have Been Charged With The Crime Of Seeking Relief

    October 26th, 2014

    Floridians Should Not Face Arrest For Medical Care.Montel Williams says yes on 2!In 1999, I was diagnosed with multiple sclerosis. Sixteen years later, I can honestly say not a single second of my life has gone by where I have been unaware of my disease. Because of my condition, I experience neuropa... [Link]
  • Supreme Court Addresses Uninsured Motorist Insurance and Stacking Coverage

    October 25th, 2014

    John Koeppel On Thursday the Florida Supreme Court reversed a decision by the First District Court of Appeal regarding uninsured motorist (UM) insurance, Travelers Commercial Ins. Co. v. Harrington, 86 So. 3d 1274 (Fla. 1st DCA 2012), and held that a family vehicle exclusion in an automobile insuran... [Link]
  • Action Packed Agenda at FAPIA's Fall Conference - Register Now!

    October 25th, 2014

    Be sure to join Merlin Law Group at the 2014 Fall FAPIA conference at the Gaylord Palms on November 8-10, 2014. Come early and join the golfing fun on Friday, November 7th, registration and sponsorships are still available for both the conference and the golf scramble. When it comes to education, th... [Link]