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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!

  • Florida Estate planning no longer just for the rich

    August 4th, 2015

    There is a myth that trusts and estate planning are for the rich only, but this is actually a common misconception. Estate planning for high net worth individuals usually centers on reducing tax bills, but estate planning has a number of benefits and objectives depending on a client’s needs. An es... [Link]
  • What is the Class Action with Direct General and What should I Do?

    August 4th, 2015

     A class action settlement against Direct General Insurance Company was filed in the United States District Court for the Middle District of Florida.  Any Medical Provider that submitted bills to Direct General on or after January 1, 2008 is entitled to join the class.  You are entitl... [Link]
  • Misrepresentation by Real Estate Agent: Wrong Square Footage in MLS Listing

    August 4th, 2015

    In Florida, real estate agents and brokers are seen as experts in their field (whether it be residential, commercial or industrial property) due, in part, to the fact they are licensed by the State of Florida to do business in our State. Licensure brings with it both the respect of being a licensed... [Link]
  • Florida’s Pharmacies — Gatekeepers of Dangerous Prescription Drugs

    August 4th, 2015

    Many Americans suffer from long term, chronic pain requiring intensive pain management.  Complex pain management is a recognized specialty, typically involving anesthesiologists trained in how to properly treat and manage chronic pain, including patients that require powerful narcotic medications.... [Link]
  • How to avoid a short sale deficiency judgment

    August 4th, 2015

    A short sale can be a great solution for a homeowner who is having trouble making his or her mortgage payments. A short sale is when a bank agrees to accept a sale price that is less than the full mortgage amount owed in order to avoid foreclosure. However, homeowners that complete a short sale [... [Link]
  • Great News for Florida Policyholders!

    August 4th, 2015

    I usually don't cut and paste press releases in their entirety and offer them to our blog readers.  However, I have to make an exception this time.  My good friend, Sha'Ron James, was recently appointed as Florida's Insurance Consumer Advocate.  I worked with Sha'Ron in multiple capac... [Link]
  • The Great Dissenters

    August 4th, 2015

    I don't always agree with Justice Scalia's dissent, but, usually, I find them entertaining. In a recent Washington Post op-ed, however, former Justice O'Connor clerk David Kravitz takes me to task. Mr. Kravitz believes that Justice Scalia's dissents lately ignore compelling arguments and rely, inste... [Link]
  • Insurance Companies in The Construction Repair and Restoration Business

    August 4th, 2015

    A recent trend in the property insurance industry is that some companies are buying or making partnerships with insurance repair and restoration companies. They are literally trying to profit from the claim. Yesterday's press release by Heritage is an example: Heritage Insurance Holdings, Inc. (N... [Link]
  • I May Have a Warrant for My Arrest

    August 4th, 2015

    As a Jacksonville criminal lawyer, I have had many conversations with people who believe they may end up having a warrant issued for their arrest.  Sometimes, this conversation comes after law enforcement has completed an investigation; and other times this conversation happens during an active inv... [Link]
  • Which Boots Do You Like Better?

    August 4th, 2015

    Hiking boots made for a therapeutic, challenging week-long hike in order to detach, recharge, and commune with the universe?Or custom-made cowboy boots made for crushing opponents (but also for showing off fancy art in your office)?Listen, they both have their uses. [Link]
  • THE PROBATION TRAP

    August 4th, 2015

    We walked the empty hallways of the REGJB Monday, our Allen Edmonds (rubber soles) echoing off of near empty floors. Our tailor made Sam's Suit (from Hong Kong-tell Manu we sent you) flapping in the empty breeze. Our Judges are at a very important and significant conference. At great personal e... [Link]
  • Sell Out? Royal Caribbean Executives Sell Stock For Over $14,000,000 After Freedom of the Seas' Fire

    August 4th, 2015

    Yesterday, Royal Caribbean chairman Richard Fain sold 151,032 shares of his cruise line's stock for $13,650,151 at an average price of $90.40 a share. President and Chief Operating Officer Adam Goldstein sold 4,184 shares at at $91.08 per share for a total value of $381,094.19. Royal... [Link]
  • Gun Trust and Foreiture of Weapons under Protest

    August 3rd, 2015

    The Bureau of Alcohol, Tobacco, Firearms and Explosives have recently decided to re-classify parachute flares and 40mm chalk rounds as explosives and begun the confiscation process. Those in the gun industry feel this ruling could soon be expanded to include all ammunition bigger than ½ inch in dia... [Link]
  • Mostly False, Mostly Stupid

    August 3rd, 2015

    Don't feel bad about your public university education! This is what they're turning out at Harvard.The U.S. Supreme Court holds ultimate sway on the laws of the land, yes? Hold on, Ted Cruz said in an interview about the court’s 5-4 decision holding that state bans on gay marriage violate federal... [Link]
  • Texting While Driving is Unsafe — Anything else is a rationalization

    August 3rd, 2015

    The latest cell-phone statistics are in, and they don’t bode well for drivers. The National Safety Council has reported vehicle crashes that involve the use of mobile devices by motorists have increased for the third consecutive year. About 27 percent of all accidents on the road occur when driver... [Link]
  • Eunice Kennedy — A most special lady

    August 3rd, 2015

    “Enough” said Eunice Kennedy Shriver, when, in 1960 two local Bethesda, MD women called Eunice and told her that they were having trouble finding summer camps for their children with intellectual disabilities, because the “mainstream,” “normal” camps would not accept their children. At t... [Link]
  • FSU Study: Phone Alerts as Distracting as Actually Messaging

    August 3rd, 2015

    It’s well known that sending and reading text messages while driving is a danger. So too is talking on the phone, even with a hands-free model. But now, a new study by researchers at Florida State University reveals there is another equally distracting aspect of our smart phones: The alerts. T... [Link]
  • How Negligent Security Can Form the Basis for a Personal Injury Case

    August 3rd, 2015

    You are walking to your car from the shopping mall in your neighborhood. You are attacked by an individual, despite the presence of security cameras surrounding the mall and the presence of a security officer supposedly patrolling the mall’s exterior. Is the mall or security company liable for you... [Link]
  • Judge Robert Fall's Impact on Superstorm Sandy Litigation in Ocean County New Jersey

    August 3rd, 2015

    Friday was the last day the special Superstorm Sandy docket in Ocean County New Jersey was under the authority of Judge Robert Fall. Anybody writing the history of Superstorm Sandy litigation would be remiss to not credit Judge Fall for resolving and  moving a very large docket of Superstorm Sa... [Link]
  • Bad batch of K2 causing problems in PA

    August 3rd, 2015

    Synthetic marijuana has been around for years now but a recent “spike” in overdoses has brought it back into the spotlight. Synthetic marijuana products like spice and K2 are illegal in Pennsylvania as well as across the country.  These designer drugs are made in laboratories and sold... [Link]
  • DOM wins big in the Eleventh Circuit

    August 3rd, 2015

    Today, the Eleventh Circuit handed down a major victory to David Markus's client Dr. Vanja Abreu. In a lengthy opinion, the court reversed Dr. Abreu's conviction on a conspiracy charge, holding that the district court erred in denying her motion for judgment of acquittal. Congrats, David.Update -- D... [Link]
  • Recent U.S. Supreme Court Decisions on Immigration

    August 3rd, 2015

    Below is my summary of the recent U.S. Supreme Court decisions on Immigration. Please contact me if you have any questions or comments about the cases, my interpretations thereof or if you need my legal assistance. Recent Published U.S. Supreme Court Cases on Immigration: Mellouli v. Lynch, 57... [Link]
  • Homestead Account Exemption When Moving To Another State

    August 3rd, 2015

    A client is planning to sell her Florida homestead and move to Texas where she would buy a new homestead property. She wants to know if sales proceeds from the Florida homestead is exempt in a segregated bank account while …The post Homestead Account Exemption When Moving To Another State appe... [Link]
  • These Football Players Got Screwed!

    August 3rd, 2015

    The league really needs to do more to protect these players from this kind of fraud:This action stems from a series of allegedly illicit and unauthorized transactions conducted by a now-defunct concierge service organization on behalf of twelve (12) current and former players in the National Footbal... [Link]
  • Middle District of Florida Releases New Discovery Handbook

    August 3rd, 2015

    The Handbook on Civil Discovery Practice has been revised (dated June 5, 2015).  You may download a copy here.  (You may receive a printed copy at the Intake counter in each divisional Clerk's office.)  It's a good idea to take a read through every now and then, and nice to see the Co... [Link]
  • Injury to Sports Fan Prompts Lawsuit Seeking Better Stadium Protections

    August 2nd, 2015

    When it comes to baseball and other spectator sports, courts have generally held that stadium owners have only a limited duty to protect vulnerable sections of fans from flying balls, bats, pucks or other game-related objects. For the most part, it has been found fans assume the risk of injury when... [Link]
  • "Lien Stripping" - Still Available in Chapter 13

    August 2nd, 2015

    "Lien stripping" of underwater mortgages or other junior lien is still available under chapter 13 bankruptcy.  The much publicized U.S. Supreme Court ruling in the Bank of America cases only held that lien stripping cannot be done in chapter 7 bankrupty cases.In order to "strip" (ie. avoid) a s... [Link]
  • No Four Year Statute of Limitations for Fraudulent Conveyance

    August 2nd, 2015

    Florida Statutes Section 726.110 generally provides for a four year statute of limitations in regard to fraudulent conveyances (or if longer, 1 year after the transfer was or could have reasonably been discovered by the claimant). Fraudulent conveyance law generally allows a creditor to pursue a thi... [Link]
  • JUDGE THOMAS "TAM" WILSON HAS PASSED AWAY

    August 2nd, 2015

    THE CAPTAIN REPORTS:JUDGE THOMAS "TAM" WILSON HAS PASSED AWAY .........Thomas "Tam" S. Wilson, Jr. was born in Oregon in 1945. He studied at a small private college in Pennsylvania, and did a stint in the Navy, before attending UM law school graduating in 1971. He came from a long line o... [Link]
  • Florida Mortgage Foreclosure - Assignment of Promissory Note Without the Mortgage

    August 1st, 2015

    It is generally the rule in Florida that the transfer of a mortgage note transfers with it the related mortgage. The mortgage note is regarded as the principal item with the mortgage being regarded as a mere accessory. Hence the adage "the mortgage follows the note."The Restatement (Third) of Proper... [Link]
  • Kimminau v. City of Hastings – Government Liability for Roadway Cleanup

    August 1st, 2015

    When a crash occurs on government roads, it is the duty of government authorities to close the roadway in a timely manner until debris has been cleared and the site is safe for traffic. Once the roadway has been cleared for resumed traffic by authorities, the government could be liable for remaining... [Link]
  • Viking Star Stuck in Tallinn

    August 1st, 2015

    The Viking Star cruise ship operated by Viking Ocean Cruises is stuck in port in Tallinn, Estonia.  A person contacted us and wishes to keep her name anonymous. The cruise ship lost power in an engine three days ago. Passengers are reportedly getting restless. Some of them are complaining that... [Link]
  • Exemption of Annuities in Florida

    August 1st, 2015

    Florida law provides for a certain exemption for annuities. Florida Statute section 222.14 provides that "the proceeds of annuity contracts issued to citizens or residents of the state,  upon whatever form, shall not in any case be liable to attachment, garnishment ... or legal p... [Link]
  • Coast Guard Medevacs Passenger From Carnival Miracle

    August 1st, 2015

    Defense Imagery and Video Distribution Services reports that yesterday  the U.S. Coast Guard medevaced an ill cruise passenger from the Carnival Miracle about 300 miles south of Point Loma, California.  Two MH-60 Jayhawk helicopters crews dispatched from San Diego. The 35 year ol... [Link]
  • PICC Line Injuries

    July 31st, 2015

    The South Florida medical malpractice law firm of David J. Halberg P.A. handles cases involving injuries from PICC lines (Peripherally Inserted Central Catheter). These devices along with IV catheters and ports can be helpful if properly handled and inserted. Unfortunately, if these devices are i... [Link]
  • Two Clay County Women Charged with Carjacking

    July 31st, 2015

    Two women accused of shoplifting from a Fleming Island Kohl’s ran from deputies and then allegedly carjacked a driver on U.S. 17 in Green Cove Springs, according to the Clay County Sheriff’s Office. The women, a 47-year-old and a 28-year-old, were arrested Monday and charged with carjack... [Link]
  • Two Clay County Women Charged with Carjacking

    July 31st, 2015

    Two women accused of shoplifting from a Fleming Island Kohl’s ran from deputies and then allegedly carjacked a driver on U.S. 17 in Green Cove Springs, according to the Clay County Sheriff’s Office. The women, a 47-year-old and a 28-year-old, were arrested Monday and charged with carjack... [Link]
  • Can I keep a credit card out of my bankruptcy?

    July 31st, 2015

    Another question I get quite frequently from clients considering bankruptcy is whether they can keep a specific credit card or other loan out of their bankruptcy. In today’s world credit cards are a huge part of our daily lives and some have come to depend on them. The thought of not having a cred... [Link]
  • Problems in Ferrari With Takata Airbags

    July 31st, 2015

    The Takata airbag recall has expanded beyond the commonplace vehicles manufactured by  Honda, Chrysler and Nissan. In July, luxury car maker Ferrari recalled 2,600 car models ranging in price from the hundreds of thousands to upwards of a million dollars due to an improperly installed driver’s si... [Link]
  • Car Accidents and Heart Attacks in Personal Injury and Wrongful Death Cases

    July 31st, 2015

    There are so many intricacies to car accidents when it comes to personal injury cases. Certain situations can increase the chances of a larger settlement or award. I’m not a physician, but as an experienced personal injury attorney, I come across situations all the time in which being in-the... [Link]
  • Citing document numbers

    July 31st, 2015

    How do you cite document numbers? Before you answer, let me explain what I’m talking about.The federal judiciary has a system that allows users to file documents in cases electronically—the Case Management/Electronic Case Files (CM/ECF) system. Each document filed in the CM/ECF system is given a... [Link]
  • SFL Friday -- Eretz Yisrael Cruise Ship Disaster (Naturally Also Involves Spence)!

    July 31st, 2015

    Visiting the peaceful, tranquil, and until-now totally safe Holy Land by ship?Disaster could await:... [Link]
  • Cruise Industry Image Up But Problems Remain

    July 31st, 2015

    A reporter for the Marketplace interviewed me yesterday regarding the state of the cruise industry. I explained that compared to a year or two ago, the general perception of cruise lines is up. More than 23,000,000 passengers will cruise this year. Bigger and bigger cruise ships are being constructe... [Link]
  • Chapter 13 Bankruptcy Plan

    July 31st, 2015

    In chapter 13 bankruptcy, only the chapter 13 debtor is allowed to file a chapter 13 plan. That is, creditors are not allowed to propose a plan as they are in chapter 11.Chapter 13 plans generally are designed to adjust payment of debts under a flexible repayment plan. Usually these payments are mad... [Link]
  • Dakter v. Cavallino – Truck Driver Negligence Verdict Affirmed

    July 31st, 2015

    All motorists are held to the same duty of care standard when operating a vehicle, and that is the duty of reasonable care. That means acting the same a reasonably prudent driver would under the same or similar circumstances. Semi-truck drivers are no different. However, there are in many ways held... [Link]
  • They Still Have Yellow Pages? How Cute!

    July 31st, 2015

     Just like how the paper industry is trying to make a comeback, evidently people are fighting over the Yellow Pages:The facts presented at trial are as follows. In the late 1990s, Trent Moore (“Moore”), an amateur photographer and former owner of a yellow pages ad production company, founde... [Link]
  • Florida Minimum Mandatory Sentence for Burglary in Nassau County

    July 31st, 2015

    If you have been arrested for burglary in Jacksonville or the surrounding towns, you probably have some questions about Florida’s burglary law. The law that governs burglary is Section 810.02 of the Florida Statute. Depending on the facts of the … Continue reading →... [Link]
  • Florida Guardian Advocacy

    July 30th, 2015

    Many parents who have children with physical and/or mental developmental disabilities need to know what to do when their child comes of age. On a child’s 18th Birthday, regardless of any physical or mental disability, their parents automatically lose the ability to make decisions for their child. [Link]
  • Recent Florida case invalidates the will of a husband killed by his wife

    July 30th, 2015

    Florida’s 4th District Court of Appeals recently decided the case of what to do with a will that left the murder’s children the victim’s estate. The trial court held the “slayer statute” did not affect the will, and did not find enough evidence of undue influence to invalidate the will, ho... [Link]
  • Throwback Thursday: en banc edition

    July 30th, 2015

    Let’s first throw back to Freddy’s post on the Wollschlaeger v. Florida decision, which held constitutional a law restricting what doctors can say to their patients about guns. Yesterday First Amendment scholar Eugene Volokh wrote a lengthy post about the Eleventh Circuit’s 2-to-1 decision on... [Link]