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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!

  • Police in Florida Cannot Enter Secured Property for Investigation Based on Anonymous Drug Tip

    May 30th, 2015

    The right to privacy in one's home and on one's property is one of the strongest rights in the Constitution. The police are not allowed to come into one's home and search or ask questions without consent from the resident or a valid search warrant. The fact that the police in Florida have an anony... [Link]
  • FACDL BANQUET TONIGHT

    May 30th, 2015

    The annual self-congratlatory FACDL Banquet is tonight. Cocktails will be consumed. Speeches will be made. Awards will be bestowed. Dinner will be served (salmon or steak?)Judges angling for support will mingle. A capital time will be had by all. And thankfully, continu... [Link]
  • Citizens, Hurricanes, and Making Sure Your Insurance Company is not Broke

    May 30th, 2015

    A dozen insurance companies have fled or failed Florida during the last ten years. Twelve insurance companies could not stay in business here and we haven’t suffered a catastrophe since Hurricane Wilma in October of 2005. Robert Trigaux wrote an on-point article for the Tampa Bay Times last we... [Link]
  • Florida Drivers License Suspended as Habitual Traffic Offender

    May 29th, 2015

    Has your drivers license been suspended as a habitual traffic offender in Jacksonville FL? Are you facing a 5-year drivers license suspension due to prior Jacksonville driving on a suspended or revoked license convictions? If so, contact a Jacksonville drivers … Continue reading →... [Link]
  • Senior Partner Jill Ginsberg is Board Certified in Elder Law

    May 29th, 2015

    Another bragging post for Ginsberg Shulman, PL. Senior Partner Jill Ginsberg has passed the exam and is now Board Certified in the field of Elder Law. Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in pra... [Link]
  • Should I file bankruptcy before I get married?

    May 29th, 2015

    Deciding when the best time to file for bankruptcy can be a very difficult issue for couples. Especially for couples who are planning to be married. While married couples can still file for bankruptcy jointly and/or separately, being married can make it more difficult to qualify for the bankruptcy c... [Link]
  • What is considered to be an Inoperable car and does it need to be insured?

    May 29th, 2015

    Every owner of a motor vehicle used on Florida roads must insure their vehicles with both Personal Injury Protection insurance ($10,000.00) and property damage liability insurance. However, insurance may not be required if a motor vehicle is in a state of inoperability. What renders a car inoperable... [Link]
  • Receiving Unwanted Calls on Your Cell Phone: You Can Revoke Your Consent to Call and Stop Those Calls (or sue for up to $1,500 PER call if the calls don't stop)

    May 29th, 2015

    In Florida, the right to revoke calls to a consumer's cell phone is alive and well. Debt collectors who continue to call these cell phones after being told not to are exposing their companies to damages of up to $1,500 per call. That adds up quick. So don't just ignore or block the calls. Take a... [Link]
  • Florida’s Probate and Trust Codes, 2015 Amendments Regarding Attorney’s Fees

    May 29th, 2015

    In Florida, the Florida Probate Code and the Florida Trust code govern the administration of estates and trusts.   These codes establish the rules and procedures for all probate matters such as the administration of a will. The Florida Legislature has recently amended the Florida Probate Codes. At... [Link]
  • What are required minimum distributions during retirement and how much are they?

    May 29th, 2015

    The rules that surround our retirement plan accounts and IRA’s can be tricky, especially when it comes to determining an individual’s required minimum distributions, or RMDs. RMDs are the minimum amounts that a retirement plan account owner must withdraw as required by the federal government. Ge... [Link]
  • You Could Have a Statute of Limitations Problem Even If You’ve Already Filed a Lawsuit

    May 29th, 2015

    The statute of limitations is the time limit when a lawsuit must be filed. After that time expires, a lawsuit cannot be filed, and a victim will be forever barred from recovery for injuries. In many injury cases, the statute of limitations (SOL) won’t be an issue—hopefully, a victim will find an... [Link]
  • Strange Bedfellows

    May 29th, 2015

    I consume a lot of news regarding policyholder regulations and laws around the country. However, for various reasons, I am always on the lookout for such news from the state of Texas. In many ways, Texas is similar to Florida: Texas is vulnerable to hurricanes and other natural disasters, the Texas... [Link]
  • Friday news & notes

    May 29th, 2015

    1.  Welcome guest blogger turned more-regular-contributor Brian Toth.  Here's a post of his from yesterday.  You'll be seeing more of this about once a week.2. Is this the most ridiculous federal indictment ever?  A guy can't pull out his own money now?  Oy.3.  I've sai... [Link]
  • Happy Transvaginal Friday!

    May 29th, 2015

    I could have been a proctology professor! A Florida college that allegedly forced students to perform vaginal ultrasounds on each other as part of a medical training program has permanently banned the practice.Valencia State College's president announced Tuesday the school's medical diagnostic sonog... [Link]
  • An apt observation on word choice by the Eleventh Circuit

    May 28th, 2015

    Today, the Eleventh Circuit issued an unpublished opinion in Fuentes-Rangel v. Woodman, which affirmed an order granting a petition asking that a child be returned to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction and its implementing legislation, the Interna... [Link]
  • A Victim Can Obtain Information About a Defendant’s Expert’s Bias

    May 28th, 2015

    In many personal injury cases, a verdict can turn on the use and effectiveness of expert witnesses. And more than any other type, the expert witnesses in personal injury trials are often doctors who provide testimony as to the nature, severity, and extent of someone’s injuries. The Need for Expert... [Link]
  • Jacksonville Contractor Arrested for Scheme to Defraud and Grand Theft

    May 28th, 2015

    A Jacksonville contractor is facing first-degree felony charges after being accused of stealing hundreds of thousands of dollars from his customers. Eric Clift is the owner and operator of Clift Pools. He was arrested on May 19 for scheme to … Continue reading →... [Link]
  • SUPER COFFEE MAN

    May 28th, 2015

    That was no E.T. outside the back of the REGJB this morning. It wasn't Buck Rogers or a NASA trainee on a jet pack. It was just a man serving coffee to bleary eyed lawyers. Welcome to Miami. See it like a native. Super Herald scribe David Ovalle was on the scene and snapped the pic.&n... [Link]
  • LAST CALL: BP Filing Deadline June 8

    May 28th, 2015

    The absolute deadline for filing BP oil spill claims is June 8. Now that we see BP paying on these claims again, we don't want anyone to miss this deadline. Remember the trickle down effect applies to most businesses in the affected counties. We help those located around Tampa Bay. Christie D. [Link]
  • Hotel Security: Don’t Take It For Granted

    May 28th, 2015

    Security is something that many guests take for granted when staying at a nice hotel, especially one that has received multi-star ratings for its comfort, convenience and luxuries offered. However, even the most careful, observant traveler may become the victim of a theft, assault or worse because t... [Link]
  • Washington (WA) What NFA Firearms can I own? Updated

    May 28th, 2015

    There are several type of Title II firearms (those sold by Class 3 SOT FFLs)  that are restricted by the National Firearms Act. Each state can impose additional restrictions on the sale, purchase, and transfer of Title II or NFA firearms.  These laws or restrictions are in addition to the complian... [Link]
  • Distracted Driving Causes 25% of Car Accidents

    May 28th, 2015

    Despite continually warning his fellow Floridians of the dangers caused by using a cell phone while driving, Fort Lauderdale car accident lawyer Joseph Lipsky is not surprise by the results of a recent study from the National Safety Council which found that over twenty-five percent of all car accide... [Link]
  • Public Adjusters Come Together

    May 28th, 2015

    (Note: This is a guest blog written by Nancy Dominguez, Managing Director of the Florida Association of Public Insurance Adjusters) On Wednesday, June 3rd, public adjusters will have a unique opportunity to get together with friends and colleagues on a festive evening. The event will benefit Publ... [Link]
  • Facebook comments calling judges "dumbasses" cost JNC appointment

    May 28th, 2015

    Whoops.  The Tampa Tribune has the story about "Republican kingmaker Sam Rashid":Valrico businessman and Republican kingmaker Sam Rashid has never been known to pull his punches. But the outspoken Rashid managed to go a rant too far in a Facebook posting last week, referring... [Link]
  • Why you should name a trust as the beneficiary of your life insurance

    May 28th, 2015

    Naming a trust as a beneficiary of life insurance policy can have a huge benefit for people with large estates that are not taxable. It is also a great way to protect the insurance proceeds from future creditors and to help beneficiaries better manage their assets There are a few common types of tru... [Link]
  • Florida Assignment of Benefits - Another Perspective

    May 28th, 2015

    Dick Tutwiler posted an interesting perspective regarding assignment of property insurance claims in Florida Property Insurance Legislative Wrap 2015 - We made it through another year unscathed or did we? Here is his perspective: [T]wo issues stand out for me that deserve some commen... [Link]
  • SeaWorld's Chief Financial Officer Joins Carnival Cruise Line

    May 28th, 2015

    A number of news sources report that SeaWorld's Chief Financial Officer (CFO), James Heaney, will be joining Carnival Cruise Line as CFO next month. Mr. Heaney worked at SeaWorld since 2011. As the movie Blackfish reveals, SeaWorld profits by forcing captive orcas, which swim a hundred miles a day i... [Link]
  • How to Apply Collateral Estoppel.

    May 28th, 2015

    This is a very straightforward explanation of the collateral estoppel rule by Judge Pryor: To establish that an issue is not identical to one resolved in previous litigation, a party “need only point to one material differentiating fact that would alter the legal inquiry,” CSX Transp., Inc. v. B... [Link]
  • FBI Arrests Miami Springs Police Sergeant Over Alleged Involvement in Drug Deal

    May 28th, 2015

    On Tuesday the FBI arrested Miami Springs Police Sgt. Andres Quintanilla, a 16-year veteran of the force, on a federal corruption charge. The 33-year-old was charged with “attempting to affect commerce by extortion under color of official right,’’ according to the U.S. Attorney’s Office for... [Link]
  • FBI Arrests Miami Springs Police Sergeant Over Alleged Involvement in Drug Deal

    May 28th, 2015

    On Tuesday the FBI arrested Miami Springs Police Sgt. Andres Quintanilla, a 16-year veteran of the force, on a federal corruption charge. The 33-year-old was charged with “attempting to affect commerce by extortion under color of official right,’’ according to the U.S. Attorney’s Office for... [Link]
  • You Can Be Pulled Over If You Have a Trailer Hitch or Anything Else Obstructing Your License Plate in Florida

    May 27th, 2015

    A lot of serious criminal arrests are the result of simple, seemingly harmless traffic stops. Many drug cases and gun cases originate from simple traffic violations that lead to traffic stops that lead to criminal investigations and searches and seizures. Of course, most DUI arrests are also the r... [Link]
  • Saint Petersburg "DUI Wolfpack" operation makes 16 arrests

    May 27th, 2015

    The Tampa Bay Times had a brief story about DUI arrests in Pinellas over the Memorial Day weekend. 15 people were arrested for driving under the influence and one person was arrested for DUI manslaughter by Pinellas County law enforcement. This took place during a DUI "wolf pack" operation that to... [Link]
  • St. Augustine Battery Charges After Conch House Brawl

    May 27th, 2015

    Memorial Day weekend is a busy weekend at the Conch House in St. Augustine. During the summer months, the Conch House Marina Resort hosts “Reggae Sunday” which attracts many people. On a three-day weekend, such as Memorial Day, people frequent … Continue reading →... [Link]
  • Tax Intercepts, Wage Garnishment, Payroll Loan Deductions: How Can a Debtor Afford to File Bankruptcy?

    May 27th, 2015

    Bankruptcy filings are down substantially in 2014 to only 910,090 which is the lowest number since 2007. Yet at the same time, people are still losing their homes especially in Florida, wages are flat or down and the cost of living continues to rise other than gas which isn't too bad). So why are... [Link]
  • Florida Professor Invents Technology to Block Texting While Driving

    May 27th, 2015

    Texting while driving is a major affront to roadway safety, in Florida and nationally. Estimates distraction is a contributing factor in 16 percent of all crashes and 60 percent of those involving teens. One of the primary causes of distraction? Texting. It’s illegal in Florida for all drivers... [Link]
  • Same-Sex Couples Entitled To Divorce in Florida

    May 27th, 2015

    You would think in today’s age that such a headline would not be news, but it is. Incredulous as it may sound, this is an issue of first impression in Florida. The recent Florida 2nd District Court of Appeal opinion involved two women who were legally married in Massachusetts in October 2012. [Link]
  • How did the court in Clark v. Rameker change estate planning in Florida?

    May 27th, 2015

    The U.S. Supreme Court recently ruled that an inherited IRA is not a “retirement account” for purposes of protection under the Bankruptcy code. This now means that inherited IRAs are available to satisfy creditor’s claims in order to pay off debt. The court characterized an inherited IRA as mo... [Link]
  • Court Refuses to Find Florida Mother in Contempt for Violating Timesharing Order

    May 27th, 2015

    Family law cases can arise from a variety of origins. Unfortunately, one of these bases for filing, especially in contempt matters, is vindictiveness against one's "ex." A 2d District Court of Appeal decision recently upheld a Sarasota trial court's refusal to hold a mother in contempt. Even though... [Link]
  • Appointing An Umpire for an Appraisal--Do You Have To File a Lawsuit?

    May 27th, 2015

    I listened carefully to a speech, Point/Counter Point - Update on Appraisal and Insurable Interest Principles of Property Insurance Procedures for the Public Adjuster, given by attorneys Jeffrey Diamond and Wayne Taylor last Tuesday at the Georgia Association of Public Insurance Adjusters Spring Con... [Link]
  • 3d DCA Watch -- Welcome to Miami Edition!

    May 27th, 2015

    Hi kids, let's dig ourselves out of the bunker and visit the sights and sounds of this thriving metropolis:Grove Key v. Casamayor:Scotty's Landing!Matheson v. Miami-Dade County:The Lipton!(The dissent by Judge Wells is worth reading.)Kneapler v. City of Miami:Bayside!(With nice hold-your-nose footno... [Link]
  • FIFA = Racketeering Enterprise?

    May 27th, 2015

    That's what the Eastern District of NY is alleging in this sweeping indictment against nine FIFA executives. The NY Times has this front page coverage: Swiss authorities conducted an extraordinary early-morning operation here Wednesday to arrest several top soccer officials and extradite them to t... [Link]
  • Lethal Injection: Who Gives the Shot?

    May 27th, 2015

    Executions need executioners. One of the challenges to the lethal injection method of execution in the United States involves the drugs used in the process, and we post about those controversies (and the arguments being made in various courts) regularly. However, another serious concern regarding i... [Link]
  • ATF Moves date of 41P to December 2015

    May 27th, 2015

    ATF continues to let the date slide on a decision of when and how to implement 41P. DOJ/ATF RIN: 1140-AA43 Publication ID: Spring 2015 Title: Machine Guns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Corporation, Trust, or Other Legal Entity With Re... [Link]
  • Largest Recall in US History: Takata Declares 33.8M of its Inflator Mechanisms Defective

    May 27th, 2015

    Japanese airbag manufacturer Takata recently announced that the initial recall of its exploding airbags has been expanded to nearly 34 million vehicles. Thus marking Takata’s current situation as one of the largest consumer products recalls of all time. According to ABC News, nearly one in seven c... [Link]
  • LUNCH & LEARN

    May 26th, 2015

    FREE CLELUNCH & LEARNGO. EAT. LEARN. Site Feed... [Link]
  • The Pennsylvania Supreme Court fiddles while Centre County burns

    May 26th, 2015

    The Pennsylvania Supreme Court fiddles while Centre County burns A political opinion piece by Justin J. McShane The honor and the integrity of the Pennsylvania judiciary has perhaps rightly been called into question with the Cash for Kids scandal (2008), Joan Orie Melvin (2012), Seamus P. McCaffery... [Link]
  • Does Your Doctor Really Listen To You?

    May 26th, 2015

    Have you ever left your doctor’s office with the feeling your doctor failed to listen to you? That not only can be a frustrating experience, it can also lead to serious problems if your doctor has misdiagnosed your case because of inattention. When that occurs, it can be medical malpractice. The m... [Link]
  • A Normal Weekend in Nassau

    May 26th, 2015

    The Bahamas Weekly reports that four Florida residents wre arrested this weekend for possession of pot on a cruise ship moored in Nassau, Bahamas. The newspaper reports that the incident occurred on Sunday, May 24, 2015. The report says that "officers from the Tourism Policing Unit acting on in... [Link]
  • Real Estate Closings: Negotiating Closing Costs

    May 26th, 2015

    Buying any home or condo in Florida, or any piece of residential real estate, means that the buyer and the seller must go through the “closing process,” which may be the only time, or one of the few times, that they have to go to a real estate closing. However, for the real estate agents […... [Link]
  • Former NFL Players Sue NFL for Over-Prescribing Painkillers

    May 26th, 2015

    The NFL is facing a lawsuit from former NFL players who claim all 32 teams illegally obtained painkillers and pushed them to players to keep them playing through injuries. The lawsuit claims the painkillers were prescribed without any regard for the long-term health risks. The… The post Former... [Link]