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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!

  • Merry Christmas & Season's Greetings from Cruise Law

    December 25th, 2014

    Last night I watched Jimmy Stewart and Donna Reed in my favorite movie It's a Wonderful Life. At this point, I think I've seen the classic movie at least once a year for the last 50 years.  I'd like to extend a Merry Christmas and a warm Season's Greetings from everyone at Cruise Law. It's that... [Link]
  • The Harry Beauvais Decision - Can a Foreclosure Case be "Won"?

    December 25th, 2014

    The December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.   The Court certified the case to the Florida Supreme Court, where Bartram is already pending.  Beauvais, and similar recent decision by other courts,... [Link]
  • TRACK SANTA & YUEL LOG

    December 25th, 2014

    HER MAJESTY, THE QUEEN'S CHRISTMAS MESSAGE  NORAD SANTA TRACKERSite Feed... [Link]
  • Distracted Driving Accidents Rise with Increase in Private Taxi Use

    December 24th, 2014

    One of the most important messages Fort Lauderdale Car Accident Lawyer Joseph Lipsky tells all drivers to avoid distracted driving, particularly not texting or checking email while driving. Surprisingly the rapid growth of cell phones to text and email is causing an additional unexpected rise in dis... [Link]
  • Fire Breaks Out on Costa neoClassica

    December 24th, 2014

    Cruise Critic is reporting that a fire broke out onboard Costa Cruises' Costa neoClassica in the Red Sea, yesterday. The fire reportedly broke out in the funnel of the cruise ship. Ship personnel extinguished it.  Cruise Critic reported that: "During the incident no onboard services were s... [Link]
  • Blackout Reported on the Costa neoRomantica

    December 24th, 2014

    Several passengers on the Costa neoRomantica have mentioned to me that the cruise ship experienced a power loss during last week's cruise. Here's one comment: " . . .  i was on the Costa Neoromantica on her last cruise between Savona and Marseille. At the entrance of the Marselle port, the... [Link]
  • New Case Broadens Corporate Representatives an Injured Party Can Depose

    December 24th, 2014

    In any injury lawsuit involving a corporation, taking depositions of officers of the negligent party is an essential part of winning a case. As you may imagine, most defendants are not crazy about having their employees and officers sit for deposition. But a new case makes the process much easier, a... [Link]
  • Third District: Dismissal of Same-Sex Divorce Affirmed On Standing Grounds Where Parties Did Not Raise Constitutional Issues

    December 24th, 2014

    In Oliver v. Stufflebeam (3D12-2159), the Third District addressed an issue that at first glance might appear to be the Court addressing the issue of same-sex marriage in Florida. However, in the end it is merely about standing as the parties did not challenge the constitutionality of Florida's cons... [Link]
  • Christmas Tree Fires Cause Substantial Damage: Tips to Stay Safe

    December 24th, 2014

    It’s that time of year when family traditions of decking the halls and the adding the perfect decorations to the Christmas trees can bring joy to the entire family. There is a sense of magic when the lights glow and the evergreen aroma fills the air. Add fresh baked cookies and you have the in... [Link]
  • 3d DCA Watch -- Merry Christmas, Your Judgment Has Been Reversed!

    December 24th, 2014

    It's a Christmas miracle -- the 3d actually released some opinions today:St. Paul v. Llorente:A lawyer negligently disbursed funds from a trust account (allegedly) but the malpractice carrier -- surprise! -- found some obscure exclusion.The 3d reversed -- Merry Christmas:In sum, we conclude that thi... [Link]
  • Laws for Florida Habitual Traffic Offenders

    December 24th, 2014

    If you received notice that your drivers license is being suspended as a Florida habitual traffic offender, there may be something that you can do about it. Speak with a Jacksonville drivers license lawyer about preventing this Florida drivers license … Continue reading →... [Link]
  • My Christmas Card To You!

    December 24th, 2014

    ... [Link]
  • SUBSCRIBE TO JAABLOG

    December 24th, 2014

    You can now subscribe to JAABLOG, just like under the old format. Simply send in your email address through the Subscribe to JAAB Blog header in the upper right hand corner of the blog, and all entries will appear in your inbox as soon as they’re published. Don’t miss a thing as the Ch... [Link]
  • Asset Protection Gun Trust with Multi Generational Ownership of all your Firearms

    December 24th, 2014

    For the next few days GunTrustLawyer.com will be offering a special on Purchasing or upgrading to a Professional Gun Trust. The Professional Gun Trust is our most sophisticated Gun Trust. It is a multi generational, asset protection gun trust that can remain the owner of your firearms forever. Th... [Link]
  • Pre-Trial Hearing Set for Ex-Florida Gator Aaron Hernandez

    December 24th, 2014

    A pretrial hearing has been scheduled Monday for former New England Patriot and Florida Gator Aaron Hernandez. His murder trial is set to start next month. The hearing at Bristol County Superior Court in Fall River will focus on jury issues. Jury selection is scheduled to start Jan. 9. Hernandez has... [Link]
  • Pre-Trial Hearing Set for Ex-Florida Gator Aaron Hernandez

    December 24th, 2014

    A pretrial hearing has been scheduled Monday for former New England Patriot and Florida Gator Aaron Hernandez. His murder trial is set to start next month. The hearing at Bristol County Superior Court in Fall River will focus on jury issues. Jury selection is scheduled to start Jan. 9. Hernandez has... [Link]
  • Ohio Legalizes Hunting with Suppressors

    December 24th, 2014

    In 90 days, it will be legal to hunt with Suppressors in Ohio. On Friday, December 19th Gov. John Kasich signed a massive overhaul of Ohio's Gun Law including removing the restriction for hunting with a suppressor (sometimes called a silencer). This follows the recent legalization of hunting with S... [Link]
  • 2014 Florida Death Penalty Report by DPIC

    December 23rd, 2014

    The Death Penalty Information Center has published its year-end report regarding the Death Penalty in the United States.  Florida (and Texas) figure prominently in the study.   Read the full text here, and the New York Times coverage of the DPIC report here.  ... [Link]
  • New Conflict in Florida Foreclosure Law Related to Banks Ability to File a New Lawsuit After It’s First Case is Dismissed: Good News for Borrowers?

    December 23rd, 2014

    From a legal perspective, Florida is divided into regions or “districts” that have mid-level review courts (appeals courts) set up to oversee and review the decisions and determinations of lower trial courts. The Florida Supreme Court sits as the highest court in the state, and its job is to ove... [Link]
  • Applicable Federal Rates – January 2015

    December 23rd, 2014

    Unofficial only – check IRS sources before using in planning and implementation! Follow @crubincrubin... [Link]
  • Is it Christmas Yet?

    December 23rd, 2014

    ... [Link]
  • Cha-Ching!

    December 23rd, 2014

    Litigating marriage equality pointlessly can be quite expensive.BOISE, Idaho (AP) — Idaho must pay more than $400,000 to the team of lawyers who successfully fought to overturn the state's ban on gay marriage, a federal judge ruled. In her decision, U.S. Magistrate Judge Candy Dale awarded an... [Link]
  • Pay Attention to the Solicitation Requirements for the Bidding Entity

    December 23rd, 2014

    When submitting a bid to perform public work, pay attention to the solicitation requirements for the bidding entity. Must the bidding entity possess a particular license? Can any of the work be subcontracted? Do subcontractors have to be listed in the bid? These are all important questions that shou... [Link]
  • What are attorney charging liens, and how do they apply in Florida?

    December 23rd, 2014

    When an attorney does work for a client and the client fails to pay, what are the remedies available to the attorney in order to recover payment? Obviously, filing a lawsuit against the recalcitrant client would be one tactic. However, in situations where there is a lawsuit pending, it is possible f... [Link]
  • Milsaps v. Kaltenbach and State Farm Auto Ins. – Uninsured Motorist Claim, Unidentified Vehicle

    December 23rd, 2014

    An injured driver will not be able to recover uninsured motorist coverage from her own auto insurer after she effectively agreed to dismiss this claim during a trial against another driver. The claim in Millsaps v. Kaltenbach and State Farm Auto Insurance Co., before Florida’s Fourth District... [Link]
  • Safe Driving During the Holidays

    December 23rd, 2014

    The holidays are coming up and many of us will be traveling to see friends and families.  AAA estimates that during the Christmas and New Year’s season, roughly 95 million Americans will hit the road.  Whenever there are more cars on the road, the chances for accidents increase.  Li... [Link]
  • Happy Holidays from All of Us

    December 23rd, 2014

    Mike McMillan was a bully. He was also a dumbo because he told me there was no Santa Claus and he was, of course, wrong. How do I know? The United States and Canadian governments acknowledge Santa Claus by tracking him every year to make sure he is safe in his journey and that none... View Article T... [Link]
  • "Foreclosure Defense" - Time to Review Assumptions?

    December 23rd, 2014

    The issuance by the Third District Court of Appeals in Miami of the recent decision in Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. 3D14-575, may be an appropriate time to review what actions a Miami homeowner that seeks to save their home from foreclosure should co... [Link]
  • Arizona "Dreamers" now allowed to obtain driver's licenses

    December 23rd, 2014

    The U.S. Supreme Court last week denied Certiorari to the state of Arizona in the case called Arizona Dream Act Coalition v. Brewer, which essentially paved the way for DACA recipients, or "Dreamers" to lawfully obtain driver's licenses in Arizona. This is a benefit that the U.S. Court of Appeals... [Link]
  • British Police Arrest MSC Cruises Crew Member for Child Porn

    December 23rd, 2014

    According to the  Yorkshire Evening Post, West Yorkshire Police officers arrested a crew member on a Southampton-based cruise ship for possession of a vast amount of child pornography. The newspaper article identifies the crew member as Howard Ellis, age 60. He reportedly worked as a music... [Link]
  • Bringing a Second Foreclosure Action after Prior Dismissal

    December 23rd, 2014

    May a second foreclosure action be brought after the first foreclosure action has been dismissed - "with" or "without" prejudice? How does the foreclosure statute of limitations come into play? The Florida Third District Court of Appeal's recent decision in Deutsche Bank Trust Company Americas, etc. [Link]
  • Mars Needs Judges (Florida Does Too)!

    December 23rd, 2014

    The Florida Supreme Court issued its yearly plea for more judges in order to properly operate our failing judicial system (it will be ignored as usual):Many of our chief judges express concern about delay associated with obtaining hearing times. In some circuits, dockets are so full that it takes se... [Link]
  • Happy FESTIVUS for the rest of us

    December 23rd, 2014

    ... [Link]
  • Should Flood Aggregate Limit Apply To "Downstream" Financial Losses Like Delay In Completion?

    December 23rd, 2014

    It is official—in a case of first impression in New York,1 the appellate court will decide if a policy flood aggregate limit will apply to “downstream” financial losses such as delay in completion. The policyholder has filed the appellate brief on December 3rd requesting the appell... [Link]
  • An early Christmas present for Pizzi

    December 23rd, 2014

    Wow, the Supreme Court ruled for Michael Pizzi saying that the Governor should revoke his suspension.  But it's not altogether clear whether that means he is going to be mayor again.  From the Miami Herald:“This is huge, man. This is huge. I won,” Pizzi said in a telephone interview fr... [Link]
  • A Different Illness: Why Cybercrime Defendants Often Don’t Get the Help They Need

    December 22nd, 2014

    Our Miami cybercrime attorneys want to spotlight a problem that's often ignored by the medical and criminal justice communities - the problem of how to help people who have compulsive and intrusive thoughts that could stimulate them to violate federal cybercrime laws. Most people know how to preve... [Link]
  • Florida Constructive Possession Laws For Joint Property

    December 22nd, 2014

    When it comes to drug possession or firearm possession charges, there are two ways to possess the item. Possession may be actual or constructive in Florida. For instance, you may be convicted of possession of drug paraphernalia and marijuana in Jacksonville if … Continue reading →... [Link]
  • Flood-Damaged Vehicles Common Occurrence in Florida

    December 22nd, 2014

    The Sunshine State is known not only for its beaches, blue skies and warm temperatures but also hurricanes and tropical storms. While “It Never Rains in California,” Florida sees a lot of the wet stuff. Residents who have experienced bad weather know it easily can lead to water damage in their h... [Link]
  • Planning To Avoid Federal Court Jurisdiction Over Fraudulent Transfers

    December 22nd, 2014

    Another attorney told me about his  Florida client anticipating a lawsuit by a creditor located in a foreign state (outside Florida) considers forming an LLC and conveying assets out of the debtor’s name to the LLC . The client accepts …The post Planning To Avoid Federal Court Jurisdiction... [Link]
  • The Contingent Fee — Leveling the Playing Field Against Insurance Companies

    December 22nd, 2014

    How do you hire an excellent attorney and pay for the services in a personal injury case? Like any other professional, the hourly fee for lawyers is largely driven by market forces, but in the case of attorneys a substantial consideration is simple: how really good is the attorney at what they do? T... [Link]
  • Woman’s Clothing Retailer Deb Shops Files Chapter 11 Bankruptcy Again

    December 22nd, 2014

    Deb Shops, a woman’s clothing retailer with 295 store locations, filed for chapter 11 bankruptcy protection on Thursday December 4, 2014. The company hopes to find a buyer and may liquidate if a buyer cannot be secured. Deb Stores Holding LLC primarily sells young and… The post Woman’s Clo... [Link]
  • His story sounds fishy...DUI or battered fish?

    December 22nd, 2014

    So many people had follow up questions about an earlier post from the smoking gun that here is a follow up. 10th DUI's the charm? A Wisconsin man who was recently pulled over on suspicion of driving under the influence, has a history of DUI's...and creative excuses! John Przybyla, who has nine pr... [Link]
  • Narcolepsy: What to do when you can’t stay awake

    December 22nd, 2014

    Narcolepsy is a brain disorder that involves poor control of sleep-wake cycles. People who suffer from narcolepsy experience periods of extreme daytime fatigue and sleepiness. These periods of fatigue can come on suddenly and last for a few seconds or several minutes. If you suffer from narcolepsy y... [Link]
  • HANDS UP MIAMI- WE CAN'T BREATHE

    December 22nd, 2014

    In light of the tragic assassinations of two innocent NYPD officers this weekend by a deranged man, is there any further proof needed  that we as a nation are being rent by violence, illegal guns, outdated laws, and a failed justice system that engenders distrust, not trust, and anger, not heal... [Link]
  • I Love You Judge Rosenbaum (And So Does Gertrude Stein)!

    December 22nd, 2014

    Judge Rosenbaum is evidently feeling more confident and assured in her lofty new position at the 11th Circuit -- she's even gone "half-Carnes":A “[r]ose is a rose is a rose is a rose.”1 And a motion for an entry of default judgment is a motion for an entry of default judgment is a motion for an... [Link]
  • Judge Recused for Telling Insurer to "Fork Over the Money"

    December 22nd, 2014

    Insurance litigation can take on a life of its own. While pointed exchanges between attorneys is not altogether uncommon, judges typically stay above the fray, even when they believe a claim or defense has little chance of prevailing. This is not always the case, however, as noted in a recent appell... [Link]
  • Your Monday Morning moment of Zen

    December 22nd, 2014

    ... [Link]
  • It's Not Over Until The Fat Lady Sings!

    December 22nd, 2014

    Updated! Florida's same-sex marriage ban has been declared unconstitutional, but it's still on the books. This is creating some confusion.Top law firm Greenberg Traurig — which advised county clerks in Florida they risk criminal charges if they issue marriage licenses to same-sex couples — on Fr... [Link]
  • Lee County Bicycle Injuries, Deaths Continue to Mount

    December 21st, 2014

    There is evidence to suggest 2014 may be the deadliest year in the past decade for bicyclists in Lee County. Most recently, ABC-7 reported on an incident in which a 13-year-old cyclist suffered critical injuries after colliding with a passing motor vehicle. Authorities say the child was riding on... [Link]
  • "Foreclosure Defense" - Now What ?

    December 21st, 2014

    On December 17, 2014,  the Florida Third District Court of Appeals in Miami, made an important ruling regarding mortgage foreclosures, including statute of limitation related issues.   It may be prudent for many Miami homeowners with mortgage foreclosure issues to review their situation in... [Link]