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!
- Driver Dies and Passenger Injured in Putnam County, Florida Car Crash
Monday, February 8, 2010 10:55 pm
A man from Orlando died after the vehicle in which he was riding crashed after crossing the center line and then driving off of the road into some trees in Putnam County, Florida, according to an article on News4Jax.com. According to the article, the driver of the vehicle crossed over the center line for some reason on Old Highway 17, ... [Link] - Judge Hurley Peers Into His Crystal Ball
Monday, February 8, 2010 10:55 pm
hurleycrystalball And tries to predict how the Florida Supreme Court would rule on discovery of other claim files of an insurer for purposes of evaluating claims procedures in a bad faith action:While Ruiz addressed the parameters of the discoverability of the insured’s own claim file, as “virtually the only source of direct evidence with regard to the essential issue of ... [Link] - Sink Appeals Public Adjuster Suit: Delay Possible For Miami-Dade County Public Adjuster Lawsuit
Monday, February 8, 2010 10:55 pm
There are two active lawsuits with very good attorneys representing public adjusters who are challenging the 48 hour solicitation ban and the fee caps. The first one was filed in Miami-Dade County, as I reported in Florida Public Adjusters File Lawsuit to Overturn 48 Hour Solicitation Ban and Fee Caps. The second lawsuit challenging only the solicitation ban was filed ... [Link] - Keeping Stuff out of Trials: Dirty Tricks
Monday, February 8, 2010 10:16 pm
There is a lot of stuff that doesn't come up at a well tried case. The court depends on trial attorneys to give it a heads up on such things, and knows there is a lot of dirty laundry out there. As a matter of fact everyone has some. It's not surprising then, that the opposition will hang it out ... [Link] - Miami Criminal Lawyer Lobbies for Juvenile Offenders
Monday, February 8, 2010 8:15 pm
For years, the Miami-Dade County State Attorney's Office has maintained the independent power to determine which juvenile offenders will be transferred or direct filed to adult circuit court for the disposition of their cases. Public Defender and Miami criminal defense lawyer, Carlos J. Martinez, is a strong opponent of the current state of law in Florida and Miami-Dade County regarding ... [Link] - Can You Expunge a Florida Aggravate Battery or Florida Domestic Battery?
Monday, February 8, 2010 8:15 pm
Can you expunge a Florida aggravated battery or domestic battery record if the charges were dropped? A Florida criminal record may be sealed pursuant to Florida Statute Section 943.0585. Florida Statute Section 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you can expunge your record. The enumerated list of crimes do ... [Link] - Can You Seal a Florida Aggravate Battery or Florida Domestic Battery?
Monday, February 8, 2010 8:15 pm
Can you seal a Florida aggravated battery or Florida domestic battery record if you pled to a lesser or amended offense, such as a simple battery or fighting/affray?According to the Florida Statute Section 943.059, an individual may not have his criminal record sealed if it relates to "a violation enumerated in s. 907.041...without regard to whether adjudication was withheld, if ... [Link] - The More Things Change, The More Potential Clients Stay The Same
Monday, February 8, 2010 8:15 pm
When I first started in private practice, I'd go anywhere to represent someone. I'd drive hours to a courthouse, or meet a client at a convenient place. I went to some interesting places.... Now, a few years later, most meetings are in my office, most cases, close to home. But then there was last Thursday. A frantic mom called from ... [Link] - U.S. Supreme Court Takes Another Arbitration Case, This Time on Who Decides Unconscionability
Monday, February 8, 2010 7:07 pm
Looks like the U.S. Supreme Court is going to do some weeding in the garden of arbitration cases. Will they clarify issues to the point that they put a lowly blog like us outta business? I doubt it. But we've got an interesting Spring to look forward to. SCOTUS took up the case of Rent-A-Center West, Inc. v. Jackson, on ... [Link] - The Manuel Tapes - Comments on Tom Manuel & Use of an Entrapment Defense
Monday, February 8, 2010 7:07 pm
I am quoted in the following article which appeared February 7th in the St. Augustine Record and was written by Tiffany Pakkala . The Manuel Tapes He's guilty — but was he set up? Legal experts differ There is no shadow of a doubt that former St. Johns County Commissioner Tom Manuel took $60,000 in bribes — and he knew ... [Link] - Taxable Costs: From Ridiculous to Court Reporter Fees for *ALL* Depositions
Monday, February 8, 2010 7:07 pm
After a verdict, the battle over taxable costs can be a vicious and cruel additional hit. The case of The Landmark Winter Park, LLC v. Thomas and Gail Colman reflects the potential brutal nature of post verdict claims for costs. By way of background, the Florida Supreme Court’s current statement on taxable costs come from In Re Amendments to Uniform ... [Link] - Alabama Stripper Awarded $100,000 After Her Former Employers Let Her Drive Drunk After Work
Monday, February 8, 2010 5:44 pm
A former stripper at an Alabama club called The Furnace received a jury award in the amount of $100,000 following a lawsuit in which she claimed her employers let her drive drunk following a shift at the club. Patsy Hamaker sued the club for $1.2 million following a drunk driving accident that left her with a broken back and nose. ... [Link] - BERNSTEIN v. HAURY
Monday, February 8, 2010 5:44 pm
Attorney Alan Bernstein has filed to run against Circuit Judge William Haury. The paperwork should post on the Florida Division of Elections' website tomorrow.What can be said about this one? Haury is a fair man, and the consummate gentleman. He's shown great compassion and insight since being appointed by Governor Crist.Oh well. We've been told time again, when you're replacing ... [Link] - What Supervision Is Required at Florida Public Swimming Pools?
Monday, February 8, 2010 4:32 pm
Florida has great weather. Many municipalities, cities, and counties have swimming pools in place for residents and visitors. Public swimming pools are a common fixture in cities and towns across Florida. A good questions was recently posted to me as follows: Are Lifeguards required at Florida public swimming pools? Pursuant to Rule 64E-9.008 - Supervision and Safety, "all owners, managers, ... [Link] - Saintsmania!
Monday, February 8, 2010 4:32 pm
Order_Trial Continued_Saints to Superbowl Good God, get a grip. [Link] - Records Retention: Risks of Failing to Comply with the Statute - Evidence and Spoliation
Monday, February 8, 2010 4:32 pm
As promised in last time, this post continues to address issues regarding an Association’s failure to comply with the statutory mandates of records retention. This post is a bit more intense as there are exceptions to consider. Spoliation/Presumption Against the Association in a Lawsuit/Arbitration If the missing documents are important to a case regardless of who the opposing party might ... [Link] - Short Sale Or Foreclosure: Suffering Legal Liability To Help Your Credit Score
Monday, February 8, 2010 4:32 pm
The Orlando Sentinel ran a front page article in this Sunday's paper about short sales and foreclosures. The author stated that while the housing crisis affects all central Florida neighborhoods the wealthier neighborhoods fare better because the homeowners have money to maintain payments while negotiating short sales with the lenders, whereas in less affluent neighborhoods the homeowners are forced to ... [Link] - ROCs and Civil Rights
Monday, February 8, 2010 4:32 pm
I just returned from a brief trip to Memphis, Tennessee and visited the National Civil Rights Museum, which is located at the site of the murder of the Reverend Dr. Martin Luther King, Jr. The museum has incorporated much of the Lorraine Hotel (including the room in which Dr. King stayed and the balcony outside that room where he was ... [Link] - Employees, Independent Contractors and the Home Worker Category
Monday, February 8, 2010 3:28 pm
Tax lawyers Robert Wood and Christopher Krachale write in Home Workers: Employee Status Hidden in Plain Sight: There are many tests for determining who is an employee and who is not. Yet much of it comes down to the common law right to control, in which rules of agency are used to determine employee status. The [...] [Link] - Superbowl Monday
Monday, February 8, 2010 3:28 pm
Great game; great weekend for Miami. Now what peeps? Who's in trial? What's going on?Here are a couple of items:1. Justice Thomas is making the rounds. Here he is speaking at UF Law. Thomas gave a big shout out to a Florida lawyer in his talk. He'll be here in April.2. Who should Obama nominate for the S.Ct. pick? Let ... [Link] - Use a Charitable Remainder Trust in Your Estate Planning For Your Pets
Monday, February 8, 2010 3:28 pm
Can I use a charitable remainder trust in my estate planning for my four dogs? Ron Troy, Ohio Ron, with a charitable remainder trust, you set up a trust and transfer to it the property you want to donate to a charity. The charity needs to have a tax-exempt status under the Internal Revenue Code and must be fully accepted ... [Link] - Former NFL Star Arrested on Miami Beach for Battery
Monday, February 8, 2010 3:28 pm
Recent reports show that the economic woes this country is facing impact unemployment and consumer sentiment, but also the number of domestic violence cases reported in Miami and across the United States. Even those who are not suffering during the economic downturn get arrested for domestic violence. Those arrested for domestic violence are usually charged with assault, battery, aggravated assault ... [Link] - Fort Lauderdale Pre-Trial Release Program Extends Get-Out-Of-Jail-Free Program to Non-Indigent Criminal Defendants
Monday, February 8, 2010 2:08 pm
In these hard economic times it is a welcome gift for criminal defendants in Fort Lauderdale jails to be offered GPS bracelets and let out of jail without posting bail. The Pre-Trial Release Program, originally intended for indigent defendants, has broadened itself to embrace criminal defendants who have the financial resources to pay for their bond. The explosive growth of ... [Link] - Where is it Illegal to Watch Sports?
Monday, February 8, 2010 2:08 pm
What did you do last night? You watched the Super Bowl, of course. Where did you watch it? Unless you were in attendance at Sun Life Stadium in South Florida, you did not watch it at an NFL stadium. This article makes the case that the NFL should allow telecasts of major games such as the Super Bowl in the ... [Link] - Do You Care About "The Google"?
Monday, February 8, 2010 12:27 pm
So it was fun last night yada yada yada but "Who Dat" officially jumped the shark for me at the 4000th onscreen shoutout, somewhere around 8:30 am yesterday.Kids, if Boomer is yelling a "hip" catchphrase it either was never hip or stopped being hip a very long time ago.Speaking of a long time ago, I enjoyed the history of the ... [Link] - JAABCAM
Monday, February 8, 2010 7:04 am
1.) Ari Porth, Dan Gelber, Mike Satz, Mike McAuliffe (PB SA), Dennis Ward (Keys SA), and some other guy at last Friday's press conference. The event was sparsely attended, and mostly forced off the news by the BSO Beatdown video. Miami SA Katherine Fernandez Rundle wasn't at the lip service fest, since she was all over TV the same day ... [Link] - Supreme Court Decision Renders Previously Timely Notice Of Appeal Untimely
Monday, February 8, 2010 5:48 am
The Ninth Circuit's decision in Haight v. Catholic Healthcare West is an interesting one. The notice of appeal was timely filed based upon the existing law in the circuit. However, the Supreme Court issued an opinion stating that the circuit was wrong with regard to the law. Therefore, the notice of appeal was untimely. The court stated:Plaintiffs filed a notice ... [Link] - NOT TO BRAG BUT
Monday, February 8, 2010 5:48 am
WE WON EVERY SUPER BOWL PREDICTION WE MADE!We won our guaranteed super bowl coin toss lock. We picked the first team to score and how (Colts, fg). We picked the under. And most importantly we told you to take the Saints, forget the points and take the odds because the Saints as underdogs would win outright. We swept the board. ... [Link] - "Why (and When) Judges Dissent: A Theoretical and Empirical Analysis"
Monday, February 8, 2010 2:33 am
Three law professors released an interesting article about why Judge's dissent. The article "Why (and When) Judges Dissent: A Theoretical and Empirical Analysis" was written by Lee Epstein, Northwestern University - School of Law; William M. Landes, University of Chicago Law School; National Bureau of Economic Research (NBER); and Richard A. Posner, University of Chicago Law School; National Bureau of ... [Link] - Japan’s Wives Yen for Divorce
Monday, February 8, 2010 2:33 am
In Japan, the wives control the pursestrings. Historically, Japanese wives skim some of the family’s earnings and roll it over into their own personal rainy day fund, called “bellybutton money”. The weak economy in Japan over the last year and a half or so has taken its toll on many wives’ so-called bellybutton money. Some wives have had to dip ... [Link] - Oh My Cheese! What Can Dairy Farmers Teach Us About Contingent Business Coverage? -- Understanding Business Interruption Claims, Part 7
Monday, February 8, 2010 2:33 am
(Note: This Guest Blog is by Michelle Claverol, an attorney with Merlin Law Group in the Coral Gables, Florida, office. This is the seventh part in a series she is writing on business interruption claims). The Saputo Cheese USA Plant in Hinesburg, Vermont, was a successful mozzarella cheese enterprise until a catastrophic fire destroyed its facility. According to claimsjournal.com, Saputo ... [Link] - Illegal to Fire Worker Seeking Workers' Compensation Benefits
Sunday, February 7, 2010 10:56 pm
Many injured workers in Broward and Palm Beach Counties, are afraid to pursue workers' compensation benefits, for fear of being fired. Boca Raton workers' compensation attorney Randy Zeldin, notes that many potential clients worry that they will lose their jobs if they hire a lawyer. In a new case, Ortega v. Engineering Systems Technology, Inc., the Florida District Court of ... [Link] - Eleventh Circuit Affirms Judgment Based Upon Statute of Limitations In ERISA LTD Case
Sunday, February 7, 2010 10:56 pm
The Eleventh Circuit had two decisions relating to the statute of limitation in claims for long term disability benefits under ERISA. In Knight v. Unum Provident Insurance Co. (09-13653), the Eleventh Circuit affirmed the entry of a summary judgment against Unum based upon the plaintiff's failure to file her lawsuit within the controlling statute of limitation. The brief facts were ... [Link] - Fee Award Reversed Because Underlying Judgment Previously Reversed
Sunday, February 7, 2010 10:56 pm
In Morton, et al v. Boyd, et al (2D08-5207), the Second District reversed the award of attorneys fees based upon a proposal for settlement because the court had previously reversed the underlying judgment. [Link] - Florida Supreme Court Releases 2008-2009 Foreclosure Statistics
Sunday, February 7, 2010 10:56 pm
The Florida Supreme Court released foreclosure statistics for 2008-2009. The document can be viewed HERE. Paul Brinkmann at the South Florida Business Journal wrote an article about the report titled "Florida high court issues foreclosure report." The South Florida Business Journal article notes:In Miami-Dade County, foreclosures rose 13.2 percent, to 63,522 in 2009 from 56,100 in 2008. In Broward County, ... [Link] - Oasis of the Seas - Wow! - Another Cruise Puff Piece By the Miami Herald
Sunday, February 7, 2010 10:56 pm
An article this morning caught my eye: "Newest and Biggest Cruise Ship: Oasis of the Seas." The article contains the usual "wow-look-how-big-it-is!" style of writing which is most typically associated with travel agents. You know, those travel agents doubling as authors whose interest in describing this monster-of-cruise-ship is hopelessly intertwined with obtaining commissions by selling cruises. Then I realized that ... [Link] - ATF Reviewing Trusts for Legal Validity
Sunday, February 7, 2010 10:55 pm
The ATF has recently made a decision to review Trusts for legal sufficiency. While this may slow things down for those using generic trust for NFA purchases (Quicken, Legal Zoom, Gun Store Trusts) I think its a good idea and will protect many from unknowingly violating the NFA. We have seen several issues where the ATF is declaring trusts to ... [Link] - RUBIN ON TAX ON YOUR IPHONE
Sunday, February 7, 2010 8:26 pm
A number of readers have indicated they would like to be able to read Rubin on Tax while waiting in lines, such as at the grocery store. Okay, maybe not many. Maybe not any. Nonetheless, if you have an iPhone and would like to be able to read your dose of Rubin on Tax whenever and wherever you want, now ... [Link] - Oysters, Dixie Beer & My New Orleans Saints
Sunday, February 7, 2010 7:34 pm
I moved to New Orleans in 1980 to attend law school at Tulane. I lived in an apartment 10 blocks from campus in the bottom of a two story shotgun house on Freret Street in Uptown. A witch lived above me and insisted that she hang bird feathers over the transom of my front door. Yes, New Orleans was a ... [Link] - Feds to Push for Arrests in South Florida for "Economic Crimes"
Sunday, February 7, 2010 5:47 pm
The chief law enforcement officer of the Federal Government (our protectors/masters in DC) Attorney General Eric Holder announced his marching orders: Arrest all those who commit “economic crimes”. In his speech to the National Sheriffs’ Association’s at their 2010 Winter Conference he set out on his warpath to end economic crimes. (He omitted to address bankers and stock brokers). In ... [Link] - Cruise to Labadee® - More Champagne Darling?
Sunday, February 7, 2010 2:43 pm
There are lots of interesting blogs out there, one of them being Kenneth Cole's Awareness Blog, which contains an article "Cruise Boat Docks in Haiti." It has the following political cartoon by Mikhaela Reid at her Flickr page, which pretty much sums up my view of spending several thousands of dollars to sail on a monstrosity like the Oasis of ... [Link] - SUPER SUNDAY
Sunday, February 7, 2010 1:56 pm
UPDATE: If you had Warren Sapp in your arrest pool, you win! Booking Info here. The Ex-Hurricane and Tampa Bay Buc (and Oakland Raider) was arrested Saturday night in a domestic dispute. Who's going to use his SB Ticket? Do they get to watch the whole game at TGK or is it lights out before it ends? SUPER BOWL SUNDAY ... [Link] - Canadian Court Upholds Family Court Damages Award for One Spouse’s Purely Psychological Abuse of the Other Spouse
Sunday, February 7, 2010 1:06 am
Ontario Canada’s highest court has fired a shot which may be heard around the family law universe. Common law Husband threatens and harasses common law Wife … with the intention of intimidating her into backing off on her claims for property division and alimony. For example, Husband threatens to send intimate pictures of Wife to her grandmother. And Husband paints ... [Link] - Jacksonville slip and fall accidents: Is the store liable?
Sunday, February 7, 2010 1:06 am
As a Jacksonville slip and fall attorney I am often asked by clients: How do I know if I have a case against the owner. Liability To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else's property, one of the following must be true: The owner of the premises or an employee ... [Link] - WEYMOUTH, MASSACHUSETTS: Search Warrant Obtained for Drug Dealer's Bowel Movements
Sunday, February 7, 2010 1:06 am
Sometimes, good police work requires that you get down and dirty. Earlier this week, in Weymouth, Massachusetts, Rene Valencia, a 24-year-old entrepreneur (i.e., "drug dealer") charged with Attempting to Sell Heroin and Cocaine near Weston Park allegedly swallowed his drugs rather than face the consequences of getting caught red-handed. However, the police in this small northeastern town (known for being ... [Link] - Click To Call - Enter Your Phone Number
Sunday, February 7, 2010 1:06 am
Fast, Easy, and Free Phone Consultation with a Board Certified Criminal Trial Lawyer. Just click on the Google Voice Icon above, enter your name and phone number and I will personally speak to you. [Link] - What To Ask When Hiring a Federal Criminal Lawyer
Sunday, February 7, 2010 12:43 am
Here are a few questions to ask when you are interviewing to hire a federal criminal lawyer: 1. Does he/she have a PACER CM/ECF number? If the answer is “what’s a PACER CM/ECF number? Hang up the phone and call the next lawyer on your list. 2. Does he/she have a subscription to the publication ‘Florida Law Weekly Federal’, it’s ... [Link] - Jacksonville Beach, Florida Man Charged in Federal Court with Child Pornography Charges
Saturday, February 6, 2010 10:10 pm
A Jacksonville Beach, Florida man was recently indicted on three counts of possessing child pornography, one count of transporting child pornography and one count of receiving child pornography in federal court, according to an article on Firstcoastnews.com. The charges together carry a maximum potential sentence of 100 years in federal prison. Law enforcement authorities on the state and federal levels ... [Link] - Easy Click and Call
Saturday, February 6, 2010 7:02 pm
Fast, Easy, and Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer. Just click on the Google Voice Icon above, enter your name and phone number and I will personally speak to you. If you wish, you can Tell Me Your Story Toll Free 1-877-793-9290. Click and Call For HelpStop Worrying. The Call is Free, the Relief can ... [Link] - WHEN WILL DISCLOSURE OF “AMOUNTS” ON A RETURN CONSTITUTE REASONABLE DISCLOSURE FOR AVOIDING PENALTIES?
Saturday, February 6, 2010 5:30 pm
Taxpayers can avoid the Code §6662 penalty for substantial underpayment of income tax by adequately disclosing amounts on the income tax return. A recent Revenue Procedure provides details as to when the inclusion of “amounts” on a return constitutes adequate disclosure for this purpose. These rules will also apply for purposes of avoiding preparer penalties. The following summarizes the requirement ... [Link]
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