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 Driving with Suspended or Revoked License Case Dismissed

    November 28th, 2014

    If you were convicted of driving on a suspended or revoked license in Jacksonville, you were likely stopped by a police officer on a public street and arrested or issued a Jacksonville traffic ticket. In most driving with a suspended … Continue reading →... [Link]
  • Allstate v. Manzo-Pianelli - Permissive User and Umbrella Coverage

    November 28th, 2014

    Umbrella insurance policies can be a great resource for those who have suffered injury as a result of a crash caused by a negligent driver - assuming that driver is covered under the umbrella policy. Umbrella insurance is extra liability insurance offered to protect people from major claims and l... [Link]
  • Texas Public Adjusters Accused of Being Runners for Unethical Attorneys

    November 28th, 2014

    Are some Texas public adjusters criminally and unethically running for some lawyers in Texas? This was the accusation made by an insurance company defense firm in Keeping Pace With Texas Hail Claim 'Case-Runners'. The post noted: There are likely a number of converging factors. But, one that deser... [Link]
  • Stamps.com Date is Not Proof of Mailing Date

    November 28th, 2014

    A taxpayer who receives a notice of deficiency (also known as a 90 day letter) has 90 days to file a petition to challenge the deficiency in Tax Court. This deadline is important, since this is the only method of challenging an IRS assertion of additional tax due without first paying the tax. Cases... [Link]
  • Happy Thanksgiving from Cruise Law News

    November 28th, 2014

    Today we enjoyed a great day in St. Petersburg, Florida at my father-in-law's house. The weather was amazing and our extended families congregated and enjoyed our time together. Our extended family ranges in age from 1 year old to 93 years old. There was lot's of laughter, hugging and fellowship. Th... [Link]
  • Happy Thanksgiving Day!

    November 27th, 2014

     ... [Link]
  • Happy Thanksgiving From Merlin Law Group

    November 27th, 2014

    Merlin Law Group would like to wish you a Happy Thanksgiving! . [Link]
  • Applicable Federal Rates–December 2014

    November 27th, 2014

    Unofficial only – check IRS sources before using in planning and implementation! Follow @crubincrubin... [Link]
  • Stay Safe: Don’t Let a Deep Fried Turkey Disaster Ruin Your Thanksgiving

    November 27th, 2014

    Thanksgiving is usually a time spent with family and friends carrying on old traditions while making new memories. Frying a turkey has become one of those new traditions for many households across America. However, the reality is that this tradition could end in tragedy. House fires from turkey fryi... [Link]
  • Florida Statute of Limitations Does Not Run While Defendant is Continually Absent from the State

    November 26th, 2014

    In Florida, if the state believes a person has committed a crime, there is going to be a statute of limitations attached to that case. The statute of limitations in Florida means that the state has a certain period of time from the date the crime was committed to prosecute the case. With some exce... [Link]
  • Filing Bankruptcy to stop Car Repossession

    November 26th, 2014

    Lenders can be prevented from repossessing a car owned by a debtor if he or she files for a Chapter 7 or Chapter 13 bankruptcy. However, the lender may still be able to repossess the car with the court's permission. Once a debtor declares bankruptcy, the debtor is granted an automatic stay. An au... [Link]
  • Black Friday NFA Gun Trust Specials Save up to 50% for a limited time

    November 26th, 2014

    For those of you who have been thinking about starting your Gun Trust we have put together a very special offer with the Gun Trust Lawyer® to offer Black Friday and Cyber Monday specials on the Base, Advanced, and Professional Gun Trusts. For those of you with a previous Gun Trust, we are even offe... [Link]
  • President Obama announces a new Deferred Action Program - DAPA (Deferred Action for Parental Accountability)

    November 26th, 2014

    President Obama recently announced a new Deferred Action Program for people who are in the United States without lawful immigration status. This new Program is called DAPA, or Deferred Action for Parental Accountability If you qualify for this program you may be able to get a work permit, a drive... [Link]
  • ON RACE AND RIOTS

    November 26th, 2014

    On July 12, 1967, Newark, New Jersey erupted into flames and rioting when two white police officers stopped and beat a black cabbie for "passing by them"  in his cab. By July 17, 26 people were dead and more than 725 were injured. On December 17, 1979, four City Of Miami police officers be... [Link]
  • Thanksgiving Safety

    November 26th, 2014

    Thanksgiving is one of the biggest cooking holidays of the year. With so much going on in the kitchen and several people trying to help all at once, including younger children, the kitchen can quickly become a danger zone.  The following are some safety tips to keep you, your family and your fr... [Link]
  • Florida Same-Sex Annulment

    November 26th, 2014

    As Florida does not currently recognize same-sex marriages, some judges have interpreted the state’s ban as precluding them from granting same-sex divorces.  I am involved in a case in which two women married in Massachusetts, moved to Florida, and separated. … Continue reading →... [Link]
  • Can You Tell Your Family About an Injury Settlement? Maybe Not…

    November 26th, 2014

    If you are injured and file a lawsuit for damages, in many cases, the other side may settle with you before a trial is needed. In return for paying you damages for your injuries, the negligent party often may want a confidentiality provision in your settlement agreement. A case from earlier this yea... [Link]
  • Elliot v. GEICO – Underinsured Motorist Coverage Set-Offs

    November 26th, 2014

    Uninsured motorist coverage and underinsured motorist coverage is designed to serve as a safety net for traffic crash victims and their families when the at-fault driver had no insurance or only the bare minimum insurance. Often referred to as “UM coverage,” it’s additional coverag... [Link]
  • Attention ‘Big Pharma’: The Times They Are a-Changin’

    November 26th, 2014

    In our dominantly digital world, the ability to find anything and everything online not only is enjoyed but also expected. Need to settle a bar bet about who the No. 1-ranked college football team is for the week? Google it. Want to find out the name of that familiar song playing on your car radio?. [Link]
  • Jacksonville Vandalisms Leads to Criminal Mischief Arrests

    November 26th, 2014

    Earlier this week, approximately 30 vehicles were vandalized on the Southside of Jacksonville in an apartment complex parking lot.  Channel 4 News of Jacksonville interviewed some of the residents that live in the Preserves at Paradise Island about the damage … Continue reading →... [Link]
  • Fourth District Sanctions Counsel For Failing To Confess Error on Appeal

    November 26th, 2014

    In Lieberman v. Lieberman (4D14-509), the Fourth District again explained what should be obvious: you have an obligation to concede error if controlling caselaw requires a reversal. In this case that did not happen. The court first discussed the merits of the petition for writ of certiorari. Relying... [Link]
  • 3d DCA Watch -- Turkey Trot Edition!

    November 26th, 2014

    I love the bunker this time of year.Everyone wears their brown and gold robes (resplendently!), the coffee maker dispenses beaujolais nouveau (and at the same lukewarm temperature), and the clerks perform a lively reenactment of the Pilgrims' first Thanksgiving:"our harvest being gotten in, our gov... [Link]
  • In Memory of Hal Arnold

    November 26th, 2014

    (Note: This guest blog is by Bruce Kabat, a public adjuster and COO of Adjusters International Colorado) In the spirit of Thanksgiving, many of us are thankful for the memories we’ll forever have of a true professional named Hal Arnold. For those who had the privilege to work with Hal or know... [Link]
  • Mortgage Debt Relief Act of 2007 Expired January 1, 2014

    November 26th, 2014

    Unless the Mortgage Debt Relief Act of 2007 is extended, distressed homeowner’s face the risk of the imposition of income taxes on the discharged mortgage debt upon a short sale, short refinance or foreclosure.  The lack of the extension of this provision has resulted in the decline in the nu... [Link]
  • Happy Turkey Day

    November 26th, 2014

    Hope everyone has a wonderful Thanksgiving.If you are working today and need a break, check out Judge Martin's 20-page dissent from an en banc denial (another example of no rehearing where the government won).Or if you want a more fun read, the Miami Herald covered Judge Cooke's book club:Marcia Coo... [Link]
  • President Obama Expands DACA-Deferred Action for Childhood Arrivals

    November 25th, 2014

    DACA has been expanded by President Obama in his Executive Order of November 20th, 2014 to include individuals of all ages (not limited to those under 31 as of June 15, 2012) and for those who have continuously resided in the United States since January 1st, 2010. People who entered the United Sta... [Link]
  • Thanksgiving Holiday is a Dangerous Time on Florida's Roads

    November 25th, 2014

    Fort Lauderdale personal injury Joseph Lipsky wants to remind his fellow Floridians that while the upcoming Thanksgiving Holiday is a time to remember and give thanks, it is also one of the most dangerous weekends for deadly car accidents. In fact, over the past six years, car accidents during th... [Link]
  • What Associations and Condo Owners Can Do About a Nonpaying Florida Condo Unit Owner

    November 25th, 2014

    In Florida, there may be more nonpaying condo owners causing headaches for condominium associations and their fellow condo owners than any other state in the country.   Our state’s real estate market is still recovering; Florida was often cited as number one in the nation for underwater mortg... [Link]
  • Rusting Burner Box Makes Kenmore Gas Grill a Safety Hazard

    November 25th, 2014

    If not taken care of properly gas grills can be a major fire safety hazard. However, recently there have been complaints from Kenmore grill owners that the burner box, a box that separates the flames from the propane tank, is not only rusting but disintegrating in fairly new grills. This creates a f... [Link]
  • Bill Cosby and Sex Crime Statutes of Limitation

    November 25th, 2014

    Several women have accused entertainer Bill Cosby of rape.  The  victims who have come forward with rape charges allege criminal  sex acts that were in past years.   Florida’s statutes of limitations  rules set a framework for what acts are time-barred and those that are not.   What rules o... [Link]
  • RMAPIA presentation on Colorado's Homeowners Insurance Reform Act

    November 25th, 2014

    Last week, Corey Harris and I had the pleasure of speaking at the RMAPIA (Rocky Mountain Association of Public Insurance Adjusters) annual meeting. This organization consists of Public Adjusters who work in Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah and Wyoming. We covered many topi... [Link]
  • "I'm kind of just fading away."

    November 25th, 2014

    That's current 11th Circuit Clerk of Court John Ley on his retirement. If you are interested in becoming the new 11th Circuit Clerk, check out the announcement here.  Salary is in around $165k.  Alyson Palmer covers the story in this article.Or if you are interested in becoming the co... [Link]
  • Big Eddie C Goes After the Marlins!

    November 25th, 2014

    Hat tip to my pal Tim Elfrink for catching this classic Ed Carnes opinion:A federal judge recently gave them permission to go forward with a class-action claim, and he hilariously threw shade at the team -- and its "unremarkable record" -- in his ruling. The opinion comes via Judge Ed Carnes, c... [Link]
  • Cruise Passenger Missing From Sun Princess Again

    November 24th, 2014

    A cruise passengers is missing from a Princess cruise ship heading towards Sydney today. The ship in question, the Sun Princess, is completing a 13-day cruise to New Zealand. There is no explanation how or when the passenger went overboard. Unfortunately, it again appears that this Princess cru... [Link]
  • A More Humane Approach to Handling the Problem of Florida Sex Crime Recidivism

    November 24th, 2014

    As we discussed in our last blog post, commissioners in the State of Florida have asked the Florida legislature to pass a law that would require all Florida sex criminals, past and present, to wear GPS devices indefinitely, so that law enforcement agencies could track their whereabouts. The ultima... [Link]
  • Jurisdiction Rules Prevent Father From Modifying Child Support in Florida

    November 24th, 2014

    In today's world, personal and professional situations often dictate that individuals and families do not stay in one place forever. You may have lived in one state, and within a few years, you, your ex, and your children may have all moved away. When this happens, the rules of jurisdiction may limi... [Link]
  • What’s the difference between uninsured and underinsured motorist coverage?

    November 24th, 2014

     Today I’d like to talk to you about the difference between uninsured motorist and underinsured motorist insurance coverage. The two are very important to have when you’re involved in an automobile accident. Uninsured motorist coverage protects you if the person that causes the... [Link]
  • Tenants by Entireties Exemption From Federal Criminal Restitution

    November 24th, 2014

    When a court finds that a client has improperly taken money from consumers or investors in violation of federal or state laws the court may order restitution to the “victims” . Restitution orders require the debtor to pay money to …The post Tenants by Entireties Exemption From Federal Crim... [Link]
  • Highway Guardrail Dangers Exposed at Trial

    November 24th, 2014

    A Texas jury has found the manufacturer of highway guardrails guilty of secretly altering system designs in order to save money, at the risk of putting drivers and passengers at grave risk of injury and death. In a lawsuit brought under the False Claims Act by a competitor, it was found the compan... [Link]
  • Water Damage Occurring Over Several Year Period Can Be "Occurrence" Covered Under Insurance Policy

    November 24th, 2014

    Now get ready because everything you thought you knew about water damage claims and whether they are occurrences that are covered, or ongoing events that are not covered, may be tested with this one. Would you think that a water damage claim occurring over a sixteen year period could be covered unde... [Link]
  • Jacksonville Self-Defense and Aggravated Assault Case Resolved

    November 24th, 2014

    On March 16, 2012, a Duval County Florida jury found Marissa Alexander guilty of three counts of aggravated assault in Jacksonville.  On May 11, 2012, Alexander was convicted of the assault charges and sentenced to serve 20-year concurrent sentences on … Continue reading →... [Link]
  • TIS THE SEASON

    November 24th, 2014

    UPDATE: Our two remaining survivor pool players live another week, as both took the 49'ers who eked out a win over Washington. AHEM…..by INVITATION only. (If you're indicted, you're invited.)Item: The new judicial assignments for 2015 are out.Scene: A criminal defense law firm. A few law... [Link]
  • Judge Bloom Greenlights Lawyer's Suit Over New Ad Rules!

    November 24th, 2014

    So Robert Rubenstein likes to tout his prior client recoveries -- what's the harm?According to the Bar, the ads were fine, then not fine, then maybe they're fine, maybe they're not, so Rubenstein said enough already and sued the Bar in federal court.But the Bar said standing and ripeness, standing a... [Link]
  • Huge Week 4 Marriage Equality!

    November 24th, 2014

    It's been a huge week for marriage equality. South Carolina and Montana have joined 33 other states to give us 35 states with marriage equality.  That leaves 15 still stuck in the dark ages and Flori-duh is, of course, one of them.Let it go Pam and Rick, let it go! [Link]
  • More en banc new from the 11th Circuit

    November 24th, 2014

    This time it's from Judge Rosenbaum's barbershop case, which the blog covered here.  The order granting hearing en banc is just a one-liner vacating the panel decision.The panel decision started this way:It was a scene right out of a Hollywood movie.  On August 21, 2010, after more than a... [Link]
  • Scott v. C.R. Bard – Surgical Device Failure, Assert All Claims Timely

    November 23rd, 2014

    Recently, a federal jury in Florida awarded $27 million to four claimants alleging medical device failure related to vaginal mesh implants produced by Boston Scientific. A few days later, federal jurors in West Virginia awarded $18.5 million – including $4 million in punitive damages – t... [Link]
  • Regulators Approve Even More Takeouts from Citizens Property - Including 50,000 to Newly Licensed Anchor Property & Casualty

    November 23rd, 2014

    Another 182,000 insurance policies have been approved by the Florida Office of Insurance Regulation (“OIR”) to be transferred to private insurers, (commonly referred to as “takeout” companies), in 2015 as part of the state’s ongoing effort to reduce the number of polici... [Link]
  • NFL WEEK 12 2014 : A THANKSGIVING SPECIAL

    November 23rd, 2014

    We roar into Week 12 of the 2014 NFL season with our Fantasy Football league very competitive, our two remaining survivor pool players in a death grip struggle for the title, and with football set for Sunday, Sunday night, two games Monday and then the traditional Thanksgiving day games. Is there an... [Link]
  • Student Arrested for Battery After Attack in Front of Resource Officer

    November 23rd, 2014

    As a Jacksonville criminal defense attorney, brazen acts committed in front of authority figures are like nails on a chalk board. Perhaps the only things that could be worse for a Jacksonville criminal defense attorney are videos of the offense and confessions. Recently at Jacksonville's Wolfson H... [Link]
  • Debtors' Ability to Strip Second Mortgages: the Door May Be Slammed Shut Soon so File Now!

    November 22nd, 2014

    As a Florida consumer bankruptcy attorney, we have been able to remove and strip off second mortgages due to the 11th Circuit's decision in McNeal a couple years back. It is the only Circuit in the country that allows for a second mortgage lien to be stripped from homestead property. The key has... [Link]