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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!

  • WKMG Local 6 (Orlando): "A Former Disney Cruise Officer Speaks Out"

    April 24th, 2014

    Tonight an Orlando television station is airing an interview with a former Disney Cruise Line security officer about her experiences working aboard Disney cruise ships. WKMG (Orlando) has released a short preview of the interview on a Facebook page. The program tonight is entitled "Exposed... [Link]
  • St. Petersburg women arrested in the latest "Road Rage" incident

    April 24th, 2014

    As reported in the Tampa Bay Times two women were arrested after physically beating another woman in a "Road Rage" incident... Two women were arrested in St. Petersburg after allegedly crashing into another woman, ripping her out of her car and brutally beating her. It started on 34th Street S i... [Link]
  • Jacksonville Teen Arrested in Orange Park on Felony Juvenile Criminal Charge

    April 24th, 2014

    Almost two months ago, a large fight occurred “outside the Orange Park Mall and AMC 24 theater on Wells Road” on a Saturday night around 9:30 p.m.  The crowd was told to leave the Orange Park Mall.  Instead of leaving … Continue reading →... [Link]
  • APPLICABLE FEDERAL RATES–MAY 2014

    April 24th, 2014

    Follow @crubincrubin... [Link]
  • JUDICIAL ELECTIONS 2014 - UPDATED

    April 24th, 2014

    THE CAPTAIN REPORTS:JUDICIAL ELECTIONS 2014  UPDATED REPORT .....On Tuesday, August 26, 2014, voters will go to the polls for the Primary Election of 2014.  Judges in contested elections will be on the ballot that day.  If a Run-Off is needed, that will take place on Tuesday, Nov... [Link]
  • Attempted Possession of A Stolen Vehicle Not Categorically an Aggravated Felony in the Ninth Circuit

    April 24th, 2014

    The Board of Immigration Appeals (BIA) recently held, in Matter of Sierra, 26 I&N 288 (BIA 2014), that a conviction for attempted possession of a stolen vehicle in violation of Nevada law is not categorically an aggravated felony, under INA Section 101(a)(43)(G) and (U), as an attempted theft offen... [Link]
  • "We're Sitting Here Talking About Eight Pages."

    April 24th, 2014

    I'd love Magistrate Judge Goodman to guest write for our blog -- he's got that ability to connect a mundane legal issue to just about any random pop culture reference -- something critically necessary for the successful practice of law writing a dumb legal blog that generates no income of any kind.H... [Link]
  • Citizens Sinkhole Repair Bill Approved by Florida House Members

    April 24th, 2014

    In my last blog post, I discussed how the Florida House of Representatives were preparing to vote on House Bill 129 – or the “Citizens Sinkhole Repair Bill.” As predicted, a final vote took place on April 11, 2014. The result? The Citizens Sinkhole Repair Bill cleared the House by... [Link]
  • Robaina tax trial heating up

    April 24th, 2014

    The blog hasn't really covered this tax trial involving the former mayor and his wife before Judge Ungaro, but it looks like there have been quite a number of interesting moments -- like the couple's previous criminal defense lawyer testifying.  And yesterday, the mayor's wife testified. ... [Link]
  • Two Devastating Child Pornography Cases – One Arrest, One Sentencing

    April 23rd, 2014

    If you've been arrested for a child pornography possession or solicitation in Florida, you know how seriously law enforcement is taking your situation. It’s useful to understand how the legal process works -- i.e. what happens to people arrested for similar crimes, what defenses tend to work and... [Link]
  • The Scope of Appraisal, Part 3: Georgia

    April 23rd, 2014

    The Supreme Court of Georgia has held that an appraisal clause in an insurance policy can only resolve “a disputed issue of value…it cannot be invoked to resolve broader issues of liability.”1 This probably sounds familiar, because courts across the country generally hold that the... [Link]
  • LUNCH AND LEARN

    April 23rd, 2014

    The lunch time CLE Seminar "Lunch and Learn" will be held this Thursday in courtroom 4-6 at noon.A Judge will be presenting the topic. We're not making this up: Incompetency. Make of it what you will. Incompetency means never having to say "I plead guilty".COMING UP:Thursday: The Captain reports on... [Link]
  • Pretermitted Child: Paternity vs. Adoption

    April 23rd, 2014

    The Florida legislature enacted a statute to protect the inheritance rights of children born after a decedent executed his or her Last Will & Testament.  The statute, known as a “Pretermitted Children” and found at Fla. Stat. [Link]
  • Remember the Prescription Defense

    April 23rd, 2014

    In the case of Daniel Shedd versus the State of Florida, Mr. Shedd was convicted of possession of alprazolam and hydrocodone as well as marijuana.  The facts of his case are as follows: Shedd was pulled over by… The post Remember the Prescription Defense appeared first on Chapman Criminal De... [Link]
  • Florida Shows Alleged Decrease in Crime in Broward and Palm Beach Counties

    April 23rd, 2014

    According to reports released by the Florida Department of Law Enforcement on Wednesday, crime in Broward and Palm Beach counties took a plunge in 2013 and stayed in line with the state’s total decrease in criminal offenses. In its 2013 Annual Uniform Crime Report, the state agency concludes... [Link]
  • Florida Shows Alleged Decrease in Crime in Broward and Palm Beach Counties

    April 23rd, 2014

    According to reports released by the Florida Department of Law Enforcement on Wednesday, crime in Broward and Palm Beach counties took a plunge in 2013 and stayed in line with the state’s total decrease in criminal offenses. In its 2013 Annual Uniform Crime Report, the state agency concludes... [Link]
  • National Flood Proof of Loss Deadline on Monday - Are You Sure the Proof is Right?

    April 23rd, 2014

    We are busy submitting corrected proofs of loss for policyholders as the Monday deadline nears. We are finding so many wrongly filed proofs of loss from public adjusters, that I am writing this post as a warning to them and policyholders. PLEASE CHECK YOUR FLOOD PROOFS OF LOSS AGAIN! Here are some... [Link]
  • U.S. Girl Strangled, Sexually Assaulted in the Bahamas

    April 23rd, 2014

    The day after we listed the Bahamas as the number one most dangerous cruise destination in the world, a newspaper reports that a "17 year old American girl was left traumatised after she was strangled to near unconsciousness and forced to perform a sexual act" on a 41 year old Bahamian man... [Link]
  • Jacksonville City Council Meeting on Duval County Juvenile Arrests

    April 23rd, 2014

    There is a debate about the way children and teens should be treated in the Jacksonville juvenile criminal justice system.  The Duval County State Attorney’s Office was criticized for the handling of Cristian Fernandez’ murder case.  While Fernandez’ case has … Continue reading →... [Link]
  • 3d DCA Watch -- Frye vs. Daubert Day!

    April 23rd, 2014

    Do you spend hours debating the relative merits of Frye vs. Daubert?Or are you just interested in a big fat Venetian Salami? Either way you are a policy wonk and will therefore love Judge Shepherd's analysis of the differences in today's 3d DCA Watch:Perez v. BellSouth:Opinion in a nutshell --... [Link]
  • RIP Myles Malman (UPDATE)

    April 23rd, 2014

    He was a good guy, who most recently tried the B-Girls case in Miami before Judge Scola.I didn't realize he played baseball at Fairleigh Dickinson University.  From their webpage:Malman graduated from FDU in 1967 and played baseball for three years. He was very active in the baseball alumni pr... [Link]
  • Michel Escoto Trial: Terence Lenamon Gives Closing Arguments as Defense Counsel, No Longer on "Stand By"

    April 22nd, 2014

    In the Michel Escoto trial in Miami, Terence Lenamon has changed hats from being "standby counsel" for the defense as Escoto represented himself, to official defense counsel for defendant Michel Escoto.   Terry Lenamon gave closing arguments for the defense in the case.   Fo... [Link]
  • Mold Claims by a Florida Tenant: Can You Sue the Landlord When Mold Is Found in a Leased Home, Apartment, Office, or Condo?

    April 22nd, 2014

    In Florida,  the leasing and renting of residential and commercial real estate is governed by Florida statutes and Florida court opinions – which together, make-up Florida’s Landlord-Tenant Law. Mold Issue and Landlord-Tenant Disputes In Florida, there’s a particularly common issue that c... [Link]
  • Heartbleed Proves the Password Is Dead

    April 22nd, 2014

    Heartbleed Proves the Password is Dead, This is What you Need Now is online at inc.com. The article promotes more rigorous security procedures like two-factor authentication. Other techniques like fingerprint readers, voice authenication and facial recognition are also discussed. There's... [Link]
  • Korean Ferry Disaster Sucks Cruise Industry Back Into Controversy

    April 22nd, 2014

    For the past week I have watched specials on television and read articles about the Korean ferry disaster when the Sewol capsized with several hundreds school children aboard. I have been asked to provide interviews on CNN and radio talk shows. All of the television and radio interviewers invariably... [Link]
  • ARTICLE ABSTRACT - The Baucus International Business Tax Reform Discussion Draft: Key Design Issues

    April 22nd, 2014

    TITLE The Baucus International Business Tax Reform Discussion Draft: Key Design Issues AUTHOR(S) David G. Noren, Esq. PUBLICATION 43 TM International Journal 199 (April 2014) PUBLISHER BNA ABSTRACT (Key Points & Discussions) General discussion of terms and relevance of Max Baucus... [Link]
  • An Accused Murderer Represented Himself. Good Idea?

    April 22nd, 2014

    Minutes ago, 42 year old Michel Escoto was convicted of murdering his wife.  It took twelve years from the vicious beating to today’s first degree murder conviction.  Jurors took just 2 1/2 hours to convict Escoto, who committed the murder to collect on a $1 million life insurance policy.  ... [Link]
  • An Accused Murderer Represented Himself. Good Idea?

    April 22nd, 2014

    Minutes ago, 42 year old Michel Escoto was convicted of murdering his wife.  It took twelve years from the vicious beating to today’s first degree murder conviction.  Jurors took just 2 1/2 hours to convict Escoto, who committed the murder to collect on a $1 million life insurance policy.  ... [Link]
  • Aggravated Battery or Assault With a Vehicle Could Just Be Reckless Driving in Florida

    April 22nd, 2014

    In Florida, there is something called a lesser included charge or offense which can be a great benefit to a defendant who may be guilty of a crime, but not a crime as serious as the one charged by the state. Most felony charges have lesser included charges that either the criminal defense attorney... [Link]
  • The Four Things You Need To Know About General Mills’ Legal Terms

    April 22nd, 2014

      If you use General Mills’ coupons, you must read this post. In the past week, it has made sweeping changes to its legal terms, only to reverse those terms on April 21, 2014. In this post, we will break down exactly what those changes were, how they would have affected you, what their revers... [Link]
  • BE NOT DECEIVED

    April 22nd, 2014

    "Be not deceived."  That was the  concluding coda to Justice Scalia's first paragraph in his blistering dissent  in Navarette v. California to Justice Thomas's statist opinion upholding a traffic stop in California based solely on an anonymous and uncorroborated tip to 911 that a... [Link]
  • It's About Time for a Good 11th Circuit Forum Non Opinion!

    April 22nd, 2014

    This one involves Judge Zloch, the beautiful country of Belize, the newly important significance of a forum-selection clause in conducting a forum non analysis, and sadly -- so sadly -- does not in any way involve Venetian Salami even tangentially:Thus, a district court now must consider an enforcea... [Link]
  • Gay Marriage Paradise

    April 22nd, 2014

    I haven't written on the subject lately and that isn't because there is nothing going on, rather just the opposite. When the walls fall down it seems they come crashing all at once. For example:There is this wonderful step father.  The lawyer who defended California’s ban on gay mar... [Link]
  • Florida Department of Highway Safety and Motor Vehicles Habitual Traffic Offender Suspension

    April 22nd, 2014

    The Florida Department of Highway Safety and Motor Vehicles is the agency that controls drivers licenses.  This agency has the ability to issue and suspend Florida drivers licenses.  If you receive a letter from the DHSMV informing you that your … Continue reading →... [Link]
  • Justice Scalia issues dissent for a DUI criminal defendant

    April 22nd, 2014

    Yes, Rumpole... Justice Scalia is on the right side again. The case is Navarette v. California.Here's the syllabus of Justice Thomas' opinion:A California Highway Patrol officer stopped the pickup truck occupied by petitioners because it matched the description of a vehicle that a 911 caller had re... [Link]
  • PLEA NEGOTIATIONS ARE NOT CONFIDENTIAL

    April 21st, 2014

    JANE DOE v. USA ex Rel ROY BLACK, MARTIN WEINBERG, JEFFREY EPSTEIN. The Perlam doctrine;  Fed Rule of Evidence 410; A criminal investigation for sex crimes, a civil lawsuit by the victim; Ipse Dixit, this case has it all!Look! Up in the sky. It's a bird. It's a plane. It's a decision by Ju... [Link]
  • Miami Swimming Pool Accident Attorney :: 7-Year-Old Electrocuted in North Miami Family Pool

    April 21st, 2014

    A faulty pool light is the center of an investigation into the death of a 7-year-old Miami boy who was electrocuted as he swam while under the care of a longtime nanny. Police quickly determined that the 7-year-old was electrocuted on April 13 after receiving a severe jolt that catapulted him out of... [Link]
  • Car drivers cause most crashes with motorcycles, study finds

    April 21st, 2014

    Cars and motorcycles are often involved in collisions. Drivers blame the bikers and bikers blame the drivers. According to a recent Florida Department of Transportation study, the drivers of cars are more often in the wrong. Drivers of cars and trucks often do not see motorcycles are and fail to y... [Link]
  • Florida-based YouTube Ponzi Scam Draws Attention of SEC, Criminal Authorities

    April 21st, 2014

    There is still plenty of stock fraud around that occurs the old-fashioned way, insider trading through phone calls, fraudulent shell companies, off-shore bank accounts, etc., but the proliferation of social media has opened a whole new limitless world for those who are inclined to commit fraud. One... [Link]
  • Adding Husband to Cemetery Plot Deed Makes Plot Marital Asset

    April 21st, 2014

    A wife's effort to claim to claim two burial plots as belonging solely to her failed as a result of an unfavorable 1st District Court of Appeal decision. The court concluded that, although the two plots were her separate assets when her aunt gave them to her, one of the plots became marital property... [Link]
  • Tax Advantages from Home Sales

    April 21st, 2014

    One of the most significant tax advantages from home sales comes at the back end of ownership, when you decide to sell it for a profit. As the homeowner, you can exclude up to $250,000 of such profit from the federal capital gains tax. For married couples filing a joint tax return, the exclusion jum... [Link]
  • Oklahoma Appraisal Endorsement May Be Non-Binding on Insurer

    April 21st, 2014

    In my last post, I wrote about my trip to Oklahoma and the opportunity to help victims of devastating hail storms and catastrophic tornadoes. One of the major reasons litigation is the most viable option in these claims is because many of the policies at issue include a non-binding appraisal provisi... [Link]
  • Florida Federal Court Decision Discusses Insurer’s Attempt To Avoid Extending Uninsured/Underinsured Motorist Coverage

    April 21st, 2014

    Earlier this year, the U.S. District Court for the Southern District of Florida issued a decision in the case of Arnold v. Wausau Underwriters Insurance Company, discussing a circumstance under which an insurance company attempted to avoid extending uninsured/underinsured motorist coverage based upo... [Link]
  • Spate of Florida Pedestrian Accidents a Reminder to Use Caution

    April 21st, 2014

    The last few weeks have been laced with tragedy for numerous South Florida families, now coping with the loss or serious injury of a loved one in a pedestrian accident. Our Sarasota pedestrian accident lawyers know that while there have been some efforts to improve safety for those on foot, it hasn&... [Link]
  • Court Issues Charging Lien Against Interest in Foreign State LLC

    April 21st, 2014

    Often, clients ask me whether there is an advantage to their forming an LLC or limited partnership in a state other than Florida, commonly, Nevada, Wyoming or Delaware. The clients have heard from friends, attorneys, or internet research that states …The post Court Issues Charging Lien Against... [Link]
  • Supreme Court rejects Gov. Scott's cert petition

    April 21st, 2014

    This was in the drug testing case that Judge Ungaro had. From Curt Anderson:The U.S. Supreme Court refused Monday to hear an appeal by Florida Gov. Rick Scott on his 2011 executive order that would have required random drug tests for as many as 85,000 state workers.The ruling lets stand an appeals... [Link]
  • Should Bar Focus on Black/Hispanic Judicial Disparity?

    April 21st, 2014

    Kudos to our new Florida Bar President Eugene Pettis, who has decided to make this a focus of his Presidency:The Florida Bar Association says there are only 26 blacks and 58 Hispanics among the state’s 594 circuit court judges. Of the 319 county court judges, only 32 are blacks and 26 are Hispan... [Link]
  • Judge Hoeveler set to retire

    April 21st, 2014

    It's been a good run. John Pacenti covers the details:Senior U.S. District Judge William Hoeveler said after more than three decades on the bench that he planned "to continue to work until they carry me out."It may not come to that. Chief U.S. District Judge Federico Moreno in Miami sent a short me... [Link]
  • Top 10 Most Dangerous Cruise Destinations in the World

    April 21st, 2014

    The last thing that a family going on vacation wants to think of is being victims of crime. Cruise lines spend literally hundreds of millions of dollars a year creating idyllic illusions of tropical vacations on beautiful Caribbean beaches.  But behind that slick marketing facade lies danger. T... [Link]
  • HURRICANE CARTER HAS DIED

    April 20th, 2014

    Rubin Hurricane Carter, a boxer from Patterson, New Jersey who almost became the middle weight champion of the world, has died in Toronto at age 76. Carter spent 20 years in prison, framed for a triple murder in bar. He was twice tried an twice convicted and twice had the convictions overturned for... [Link]