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 or Ron Chapman and we will get them added to the mix!

• Fort Myers Beach Accident Results in Injury

  May 18th, 2012

  A South Fort Myers woman, 22-years-old, was recently cited by beach officers for failing to yield the right of way to an elderly pedestrian in a crosswalk. The citation was the result of a pedestrian accident on Fort Myers Beach. The South Fort Myers driver slammed her vehicle into a pedestrian... [Link]
• Jacksonville Beach Criminal Defense Lawyer: Trayvon Martin's Murder Trial Evidence Released

  May 18th, 2012

  The nationally recognized George Zimmerman Murder Trial Evidence has been released on Thursday. Evidence released by the Special Prosecutor included a multitude of photos, documents, and audio recordings. This case became national news once the Martin family and others placed a "Race" based motive... [Link]
• Jacksonville Criminal Defense Lawyer: Who can see my Florida Criminal History after it has been Sealed or Expunged?

  May 18th, 2012

  As a Jacksonville Criminal Defense Lawyer I have been approached on numerous occasions by clients with not so perfect Florida Criminal Histories. However, these blemishes on their records does not necessarily make them bad people, we all make mistakes and some mistake deserve to be erased. That is... [Link]
• See Jane Work. See Jane Get Fired. See Jane Sue.

  May 18th, 2012

  Judge Carnes is at it again, starting his opinion with this short declarative grade-school-style "grabber":A woman of childbearing age was hired as a teacher at a small Christian school. Then she got pregnant, married, and fired. In that order. Then she filed a lawsuit. She lost on summary judgment. [Link]
• DUI Myth Busters: Field Sobriety Tests are Meaningful

  May 18th, 2012

  A widely held misconception, amongst both law enforcement and the general public, is that the standardized field sobriety tests are a valid method for determining impairment.  This just simply is not true. Here are some simple questions that will show you why these field sobriety tests are meaningl... [Link]
• Can Students Be Arrested for Hazing Related Acts in Florida?

  May 18th, 2012

  Hazing in Florida schools and colleges is unfortunately a problem that permeates vritually every school. Bullying in any form is unacceptable regardless of the history or tradition. In some instances, the Sheriff's Office and State Attorney's Office pursue criminal charges against perpetrators of... [Link]
• The Foul Smell of the Absolute Pollution Exclusion

  May 18th, 2012

  Policyholders in Colorado beware, Colorado’s Appeals Court recently determined that sewage is a pollutant, and that the Absolute Pollution Exclusion, found in many property and liability policies, unambiguously excludes property damages and injuries arising from sewage.In Figuli v. State Farm... [Link]
• Lawyers behaving badly

  May 18th, 2012

  Everyone's all aflutter about the depo drawings leading to sanctions against lawyers.  Here's the order by Judge Altonaga. South Florida Lawyers and ATL cover the story.  Civil lawyers are so funny.  All this fighting about discovery.  Try coming to criminal land -- no depos... [Link]
• JAABLOG WELCOME

  May 18th, 2012

  LEAVE ALL FIELDS BLANK IF YOU WOULD LIKE TO POST YOUR COMMENTS ANONYMOUSLY(except the security code; it stops spam, and is the only required field)comments containing curse words will not postFirst Chipolte, now Zona Fresca: Bobby Diaz, Gourmand ...    ... [Link]
• JANE, YOU IGNORANT SLUT!

  May 18th, 2012

  A heartfelt Thank You! goes out to Rumpole in Miami, for his coverage of this week's Mary Robinson arraignment fiasco, and today's Mr. & Mrs. disqualifications.  The nice words are found here.  Pay special attention to Rump's comments section, particularly the long one by Anonymous at... [Link]
• What Does It Cost to File A Complaint / Statement of Claim Against a Broker in FINRA Arbitration

  May 18th, 2012

  A customer seeking to recover investment losses caused by his stock broker’s misconduct must pay a filing fee to file his or her statement of claim and initiate the FINRA arbitration.  The FINRA filing fee can be higher than filing fees in state or federal court.  For example, the filing fee... [Link]
• Foreclosure And Personal Guarantee : Lender Can Sue For Both Actions Simultaneously

  May 18th, 2012

   Most commercial mortgage loans made to LLCs or corporations require a separate personal guarantee by the individual principals of the corporate or LLC borrower. If the investment fails economically the lender can and usually does foreclose its mortgage on the property. Most people believe that... [Link]
• Reefer Madness Continues: Bermuda Shakes Down Another Cruise Pot Head

  May 17th, 2012

  Bermuda's never ending war on cruise passengers continues with the Royal Gazette newspaper reporting today that "Tearful Cruise Passenger Fined for Drugs." The newspaper reports that NCL cruise passenger Mr. Cruz (I'm not kidding)  broke into tears today as he was charged with cannabi... [Link]
• THURSDAY BONUS

  May 17th, 2012

  Broward has its very own juror misconduct brouhaha brewing, a la Palm Beach's not good Goodman mess.  The case is State v. Justin Medlin, which was tried not so long ago before Cindy Imperato by Eric Schwartzreich and Marla Chicotsky.  The State's star witness was former Dolphin Tyler Thig... [Link]
• Red-Handed Man Still Not Caught In Jacksonville Bank Robbery

  May 17th, 2012

  Jacksonville’s citizens have needs that they feel surpass others, to the point in which they feel those needs be satisfied by taking by force. Unfortunately for them, the law does not allow for such actions and will punish those who break the law very severely. If one has been accused of such a cr... [Link]
• APPLICABLE FEDERAL RATES–JUNE 2012

  May 17th, 2012

  ... [Link]
• Florida Traffic Ticket Attorney: Can I fight my Traffic Ticket?

  May 17th, 2012

  In Jacksonville and across Florida life comes at you fast and sometimes you follow. However, this could lead to a Jacksonville Speeding Ticket. Jacksonville Sheriff's Office (JSO) is cracking down on aggressive and speeding drivers this month. Therefore, with the increase in Police presence on our m... [Link]
• BROWEIRD V.3.4

  May 17th, 2012

  In the United States of America court proceedings are, with rare exceptions,  open to the public. One of those rare exceptions is Broward county, where judges and their thuggish courtroom deputies routinely close the courtrooms and bar both the public and the litigants from court. Now we p... [Link]
• Palm Beach County State Attorney Asks Judge To Disqualify Himself

  May 17th, 2012

  Palm Beach County State Attorney Peter Antonacci has filed a voluminous legal motion asking Judge Barry Cohen to disqualify himself from all criminal cases. From my past experience, it is hard to believe attorney Antonacci’s claim has any merit. I have known Judge Cohen for my entire legal caree... [Link]
• Limited Application of Florida's Motor Vehicle Accident/Crash Report Privilege

  May 17th, 2012

  To promote the gathering of facts surrounding motor vehicle accidents, the Florida Legislature has devised a number of statutes each with the essential character of compelling certain individuals to disclose information to law enforcement personnel. Florida Statute 316.066(1) requires a driver to... [Link]
• Bicycle Accident in Naples with Country Truck, Cyclist Ticketed

  May 17th, 2012

  After a recent accident in Naples, involving a bicyclist and a Collier County work truck, the bicyclist involved has been ticketed, according to WINK News. The accident happened on U.S. 41 and Vanderbilt Beach Road and left the bicyclist pinned under the work truck until emergency response official... [Link]
• "Yes Your Honor, I Scheduled a Deposition at a Donut Shop, Wore T-Shirts and Shorts, and Drew Pictures of Opposing Counsel as a Penis -- Is There a Problem?"

  May 17th, 2012

   What does "zealous advocacy" look like?(See above illustration.) I like to think this blog can have a salutary purpose on occasion, by shining light on what we do as lawyers, and sometimes encouraging us to live up to the highest ideals of our profession.That, plus dick jokes.Luckily, this ord... [Link]
• What If My Child Is Injured In or Near a Florida Resort or Hotel Swimming Pool?

  May 17th, 2012

  Florida is a tourist destination for many. Throughout most communities and especially the coastal communities and Orlando, there are hotels, motels, and resorts. Most lodging facilities in Orlando have a swimming pool. Some swimming pools at hotels, motels, and resorts are simple while others ar... [Link]
• Bank of America New Short Sale Program: Offering Relocation Expense Coverage to the Seller In Varying Amounts – How Good Is This Deal for Florida Homeowners?

  May 17th, 2012

  There’s a lot of news coverage this week about the announcement by Bank of America that it is introducing a new short sale program to help Florida homeowners in trouble with their mortgages.  Across the country and in Florida, Bank of America itself (BofA) is putting money on the table to hel... [Link]
• Pitfalls to Avoid After a Loss

  May 17th, 2012

  Recently, there was an article in the USA Today titled, “States fight back on shady 'storm chaser' contractors.” The article pointed out the concerns that some states have with dishonest contractors approaching homeowners a day or two after a major disaster has struck the area. The artic... [Link]
• "There are consequences for disobeying the word of God."

  May 17th, 2012

  That was Christian school administrator John Ellis when he fired a teacher for conceiving a child three weeks before marriage. Oy vey. The 11th Circuit explained that there are also consequences for violating the law.  From Thomson Reuters:Hamilton sued the school in 2010 under a federal l... [Link]
• Octomom, Natalie Suleman's Bankruptcy Case Rejected

  May 17th, 2012

  The recent rejection of Natalie Suleman's bankruptcy petition illustrates the importance of having counsel when filing for bankruptcy. Suleman's petition filed in April only included the first five pages of a normal petition and a mailing list of her creditors that failed to indicate their priority... [Link]
• Asleep at the Wheel

  May 17th, 2012

  Maria De Jesus Hughes of San Mateo chose an unfortunate spot to take a nap. Officers noticed her truck when they observed the light at which she was stopped turning from green to red and back again. Then the truck... [Link]
• Asleep at the Wheel

  May 17th, 2012

  Maria De Jesus Hughes of San Mateo chose an unfortunate spot to take a nap. Officers noticed her truck when they observed the light at which she was stopped turning from green to red and back again. Then the truck... [Link]
• United States Supreme Court Addresses Claims of Ineffective Assistance of Counsel for Failure to Communicate Plea Offers: Missouri v. Frye, No. 10-444

  May 17th, 2012

  Any experienced criminal defense lawyer should know that he or she has a duty to communicate plea offers to their client.  But did you know that failing to communicate a plea offer might subject you to a claim of ineffective … Continue reading →... [Link]
• WEDNESDAY NOTES

  May 17th, 2012

  Are you a racist? - if you work in the criminal justice system and are not trying to fix the glaring problems of selective enforcement and double standards of justice, you just might be.  But heck, don't beat yourself up.  Everybody needs a job, right?  And who cares if... [Link]
• Former Merrill Lynch Broker-Lawyer Suspended by FINRA for Practicing Law

  May 17th, 2012

  In April, a former registered representative (a licensed attorney) at Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill” or “ML”) entered into an AWC with FINRA consenting to a 30 day suspension.  The former Merrill broker who was a licensed attorney had  dra... [Link]
• More Crime Lab Problems: Philly Lab Tech Flunk Competency Test

  May 17th, 2012

  Am I really asking for too much?  All I really want from a crime lab is: Validated techniques Proper supervision Adherence to scientific standards Competent technicians who do their job properly and time and time again we find out that these  simple requests are not being met. Philly crime lab tec... [Link]
• Risks for Car Accidents among Teens with Passengers Present

  May 16th, 2012

  The AAA Foundation for Traffic Safety recently released a study showing the correlation between the age and the number of passengers in a teen's vehicle and the risks of getting into a car accident in Cape Coral and elsewhere. The newly-released study, "Teen Driver Risk in Relation to Age and Numbe... [Link]
• Injured Seaman Wins Award Against Maersk Lines in Miami

  May 16th, 2012

  Today a jury here in Miami returned a significant award against a major shipping company, Maersk Lines.  The case involved William Skye, a 57 year old Jones Act seaman (crewmember) from New Jersey, who worked for Maersk Lines Limited as a Chief Mate (the crewmember rank just under Master / Capt... [Link]
• Florida Man Convicted of Aggravated Battery With a Deadly Weapon For Hitting Victim With Plastic Broomsticks

  May 16th, 2012

  In a recent case just south of Jacksonville, Florida, a defendant was arrested and charged with aggravated battery with a deadly weapon, and the alleged deadly weapons were plastic broomsticks. After a trial on the aggravated battery with a deadly weapon charge, the jury convicted him. In Florida... [Link]
• $200,000,000 False Imprisonment Lawsuit Filed Against Royal Caribbean, in Wrong Courthouse

  May 16th, 2012

  There are lots of strange things that happen on cruise ships. I've written many articles about excessive alcohol consumption and aberrant conduct during cruises.  I even created a category of "weird" cruise stories.  This morning I read an article which fits squarely in the "... [Link]
• Did You Know You Have Fifth Amendment Rights in a Florida Department of Health Investigation Involving Your License?

  May 16th, 2012

  By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are contacted by a Florida Department of Health investigator, did you know that you cannot be required to make a statement or give information that can be used against you?  If you are being in... [Link]
• Jacksonville Criminal Defense Attorney: I was Charged with BUI, do I need an Attorney?

  May 16th, 2012

  As the warm weather comes upon Jacksonville and the surrounding areas, so does the amount of boat traffic in our local waterways. In Jacksonville we have a multitude of boaters transverse our rivers and oceans. With Jacksonville's boaters easy access to the St. Johns River, the Intercoastal Waterwa... [Link]
• 3d DCA Watch -- Are You Ready for the Summer?

  May 16th, 2012

  Yes kids, the bunker-bods are back!By that I mean the Resplendently Robed Ones are nearly summer-ready, after grueling hours toiling in the mechanical room/gym, performing isometric exercises by attempting to remove sinks and toilets bolted to the bunker walls, and of course shot put, lots and lots... [Link]
• Second DCA Reverses Dependency Finding

  May 16th, 2012

  The Second District Court of Appeal ruled today in S.T. v. Department of Children & Family Services, a case in which the finding of dependency as to the father was upheld without opinion in December of last year, and in which the Court now reviewed the finding that the parties’ children were d... [Link]
• Florida Supreme Court Sends Case Back for Resentencing Using Mandatory Minimum – Dunbar v. State

  May 16th, 2012

  As a Fort Lauderdale criminal defense lawyer, part of my job is to defend clients against abuses in the sentencing process as well as the criminal charges themselves. Criminal sentencing has gotten complicated, in part because of increasing numbers of laws created by political figures interested in... [Link]
• Cruise Passenger Removed from Ship Following Potential Head Injury

  May 16th, 2012

  The Norwegian Gem Cruise Ship let a passenger off board on Saturday to obtain onshore medical attention following a fall that resulted in a potential head injury. The passenger was near the Verrazano-Narrows Bridge in New York and was removed just north of there. The injured passenger was taken to t... [Link]
• Jacksonville Woman Kills Fiance Over Cigarettes

  May 16th, 2012

  Jacksonville’s citizens have many issues that they deal with concerning family and other types of personal relationships. For some, violence is the answer. For others, violence may the only choice to defend themselves from a possible fight that could end in the death of one. If one has been accuse... [Link]
• Auto Recalls: Ford, Chrysler, BMW and Nissan

  May 16th, 2012

  Some recent recalls were announced by the major automobile manufacturers including Ford, Chrysler, BMW and Nissan. Below, we have highlighted the most recent car recalls, as of May 2012, to keep you aware and safe. If you need additional information about any of these issues, you can visit safercar. [Link]
• Auto Recalls: Ford, Chrysler, BMW and Nissan

  May 16th, 2012

  Some recent recalls were announced by the major automobile manufacturers including Ford, Chrysler, BMW and Nissan. Below, we have highlighted the most recent car recalls, as of May 2012, to keep you aware and safe. If you need additional information about any of these issues, you can visit safercar. [Link]
• Deciphering the Homeowner's Insurance Policy in California

  May 16th, 2012

  The most frequent questions asked by clients when they initially consult with my offices is, "Does my policy cover this loss? or Does my policy provide for__?" The answer almost exclusively is, "let’s look at your policy." It’s usually at this point that an insured ma... [Link]
• Wednesday News & Notes

  May 16th, 2012

  1.  Is Scalia becoming too much of an advocate on the bench?  Via Bloomberg:In January, Supreme Court Justice Antonin Scalia accused the U.S. Environmental Protection Agency of “high-handedness.” He was just getting warmed up. Over the next 3 1/2 months, Scalia asked whether federal im... [Link]
• Texas Legalizes Hunting with Silencers starting September 1 2012

  May 16th, 2012

  With Dove season just around the corner, Texas is becoming one of the growing list of states that allows the use of silencers when hunting. A silencer is a Title II Firearms which is restricted by the National Firearms Act and can only be sold by dealers who have a Class 3 SOT license. (They can a... [Link]
• External Quality Assurance Auditor for Pennsylvania Forensics Labs

  May 16th, 2012

  Forensics, in the form of both blood and breath testing, is a big part of a DUI case.  This is why I have dedicated myself to the study of forensic science so I can offer the best defense for my clients.  You have to know the science to hold the scientists accountable. In my studies [...]... [Link]

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