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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!

  • How Do You Like me Now? Survey Ranks Policyholder Satisfaction with Insurance Carriers

    October 2nd, 2014

    Somewhat contrary to what my colleagues and I often hear from our clients, a recently released report indicates increased overall satisfaction among homeowners who filed a property damage claim, according to the J.D. Power 2014 Property Claims Satisfaction Study released this week.1 While it has bee... [Link]
  • 11th Circuit - Two Days - Two 506 Decisions

    October 1st, 2014

    Two days, two chapter 7 section 506 decisions by the the 11th Circuit Court of Appeals.  On September 29, 2014, the Court issued its decision in In re Phillip, 2014 WL 4802758 (11th Cir. Sept. 29, 2014)(not selected for publication). On September 30, 2014, the Court issued its decision in In re... [Link]
  • TBA

    October 1st, 2014

    The headline, which really writes itself, is "Will Thomas Collapsed!" but that would be somewhat disingenuous and unfair to the good Judge who otherwise seems to be in fine health. Like the new phone book, the Dolphin September-December swoon, and Judge Thomas denying a motion to continue, some... [Link]
  • Supreme Court’s Ruling in Favor of Driver Puts Up Road Block Against Improper Traffic Stop

    October 1st, 2014

    A recent ruling from the state’s highest court served as a clear statement regarding the limitations of proper traffic stops. Namely, the Florida Supreme Court‘s opinion reminded that, for a traffic stop stand up in court, the police officer must not only have a suspicion that illegal ac... [Link]
  • Buck v. Columbia Hospital Corp. – General Negligence Versus Medical Negligence

    October 1st, 2014

    Most lawsuits stemming from wrongdoing within the confines of a hospital or other medical treatment center are going to be filed as medical malpractice claims. These lawsuits assert a medical professional, in the course of carrying out his or her professional duties, failed to adhere to the acceptab... [Link]
  • Irfan Khan Strikes Back

    October 1st, 2014

    You remember Irfan Khan, the supposedly big terrorism case that was dismissed a few summers ago. Well, Khan is seeking revenge. From the AP:Irfan Khan, a naturalized U.S. citizen from Pakistan with a wife and two children, worked hard to realize the American dream after arriving in this country in... [Link]
  • Atlantic Beach FL Police Chief Arrested for Possession of Controlled Substance

    October 1st, 2014

    Approximately one week ago, the Atlantic Beach police chief, Mike Classey, resigned due to a criminal investigation.  Classey was arrested yesterday in connection with this investigation.  He was taken to the Duval County jail on “18 counts of possession of … Continue reading →... [Link]
  • Florida Police Lose Armed Robbery Case by Illegally Searching Trunk of Car

    October 1st, 2014

    In a recent armed robbery case west of Jacksonville, Florida, three suspects entered the victim's home and stole certain items from him at gunpoint. The three suspects fled in a vehicle, and the victim called the police providing a description of the suspects and the vehicle. Shortly thereafter, a... [Link]
  • What is Litigation Insulation, and how can it help you maximize your medical practice?

    October 1st, 2014

    Above all, the LaBovick Law Group PIP Litigation Team wants to ensure that all of our medical provider clients maximize their respective businesses. In doing so, our goal is to insulate our medical providers from wasting a full day sitting through monotonous and wasteful legal proceedings.Deposition... [Link]
  • Charged with a DUI? What’s NEXT?

    October 1st, 2014

    A DUI offense is a serious, often life-altering event. If you were arrested for the first time, you may be asking yourself “What’s next?” No one plans on getting a DUI, so you probably have no idea what you are in store for. You’re probably scared.  Here’s what you can expect... [Link]
  • Citizens Property Insurance Approves July 1, 2015 End to Surcharge

    October 1st, 2014

    Almost two months ago I wrote a blog about the Florida Office of Insurance Regulation’s announcement it was issuing orders for insurance companies to end a 1.3 percent “emergency assessment” for the state-run Florida Hurricane Catastrophe Fund, which provides backup coverage to ins... [Link]
  • Poll on Judge Fuller

    October 1st, 2014

    The Daily Report is running a poll on what should happen to Judge Fuller.  Here's the poll, and here's the latest from Alyson Palmer of the DR on what's going on:The Associated Press reported that it obtained a recording of the 911 call made by the woman, identifying herself as Kelli Fuller. Ac... [Link]
  • The Three Hump Camel

    October 1st, 2014

    I can't pick a single topic today so here's three!Ebola!Ebola is here and here's a few quick facts. Ebola doesn't tend to travel through the air like the flu and other respiratory illnesses. People with Ebola generally aren't infectious until they're sick. And Ebola probably won't get very far here. [Link]
  • Ecstasy Tragedy: Clemson Student Knocked Off Radar Platform

    October 1st, 2014

    There's more to the story regarding how 20 year old Kendall Wernet, a student at Clemson, died aboard the Carnival Ecstasy than the cruise line disclosed in its carefully crafted PR statement on Monday. Carnival claimed that Mr. Wernet climbed up onto the cruise ship’s forward mast and "s... [Link]
  • Here She Goes Again -- Pam Bondi, Florida's Attorney General Appeals Workers' Compensation Ruling

    October 1st, 2014

    Once again Pam Bondi, Florida's Teabagging Attorney General, has decided to waste the taxpayer's money on another anti-decency crusade. Consistent with her opposition to Gay marriage, government in the Sunshine, the Affordable Care Act, and medical marijuana, the twice-divorced Attorney General has... [Link]
  • No Grandi Navi? Norwegian Jade Photobombs George Clooney's Wedding in Venice

    September 30th, 2014

    Last night, like most nights, I was watching Erin Burnett's show Outfront on CNN. At the end of the program, Jeanne Moos did a short special on George Clooney's wedding in Venice earlier that day. He had gone to the wedding in a highly published boat procession down the beautiful canals of Venice. V... [Link]
  • Death Penalty Wrongful Conviction in North Carolina

    September 30th, 2014

        Image from NCCADP.ORG:  Henry McCollum, right after he’s been exonerated.    DNA Frees 2 Brothers After 30 Years Behind Bars   Henry McCollum and Leon Brown are brothers.     For the past 30 years, McCollum has lived on North Carolina’s Death... [Link]
  • Major Repairs to Your Florida Condo: Who Pays?

    September 30th, 2014

    As we all know, here in Florida, condominiums are a very popular form of residential real estate ownership. Floridians as well as investors, retirees, and part-time residents (”Snowbirds”) find lots of advantages to buying a condo in our state. There are lots of condos to choose from, especially... [Link]
  • “Why do they waste their money on junk food?” If you've ever said that, you need to read this

    September 30th, 2014

    As a nation, we’re slowly realizing that whole, fresh foods are good for you and that cooking at home can save you money and provide you with better nutrition.Overall, this is a great trend. It’s becoming easier and more common to get fresh food, whole foods, local foods, and organic foods.Unfor... [Link]
  • Florida Appeals Court Upholds Search Warrant for Woman’s Home, Despite Delay, Omitted Information

    September 30th, 2014

    One of the constitution’s most basic protections is citizens’ right to be secure in their homes. That’s why the law imposes several hurdles for the issuance and execution of a search warrant for a person’s home. In one recent case, the 2d District Court of Appeal allowed a wa... [Link]
  • Hughs v. Kia Motors Corp. - Lack of Fuel-Switch Not Cause of Fatal Brain Injury in Crash

    September 30th, 2014

    The U.S. Court of Appeals has upheld ruling from a trial court granting summary judgment in favor of an auto manufacturer facing allegations of liability for failure to install a fuel shut-off switch on its cars. In passenger vehicles, a fuel shut-off switch acts to cut power to the engine as soon... [Link]
  • 4th DCA and Charging Order Protection for Florida LLC

    September 30th, 2014

    In Florida, a multi member LLC, has asset protection characteristics. Prior to 2011, Florida law was not clear on whether a charging order was the exclusive remedy for a creditor of a member of a multi member LLC. Assets in a Florida multi member LLC are protected from the reach of the member's cre... [Link]
  • Agony on the Ecstasy: What Causes People to be Cruel in Times of Tragedy?

    September 30th, 2014

    Yesterday was the worst day in the lives of a family from North Carolina. A 20 year old fell twenty to thirty feet from a mast on the Carnival Ecstasy at the port of Miami. The young man was later pronounced dead at the Ryder Trauma Center in Miami. What started as a tropical dream vacation instantl... [Link]
  • Florida Golf Clubs Liable for Stray Balls

    September 30th, 2014

    Have you ever driven past a golf course and wondered who’s responsible when golf balls stray from their intended path? There are many golf courses in the state of Florida, most of which are next to public streets and sidewalks. A recent Circuit Court appellate court decision over a small claim... [Link]
  • I have an Order of Removal or Deportation, what can I do now?

    September 30th, 2014

    Many non-citizens find themselves in this exact position at some point in their lives. Sometimes, they do not even know they have an order of removal or deportation until they apply for a green card or other immigration benefit. When you have an order of removal or deportation the last thing you s... [Link]
  • Limitations on Discovery: Going Behind the Face of an Appraisal Award

    September 30th, 2014

    Disputed insurance claims are often resolved in the appraisal process. The process is generally less time consuming and less expensive than full blown litigation and, if done properly, can resolve the majority of discrepancies between the policyholder’s estimate and the position of the insuran... [Link]
  • Don't Fear The Pizz!!

    September 30th, 2014

    Do you feel me?I mean, do you feel me??The Florida Supreme Court on Monday instructed the governor, who was sued by Pizzi, to explain by Oct. 14 why he should not revoke Pizzi’s suspension. “[T]he Court has determined that the [Pizzi] petition demonstrates a preliminary basis for relief,” ac... [Link]
  • Attorney McShane Presents at the Center for Studies of Law in Action at the University of Indiana

    September 30th, 2014

    Attorney Justin McShane of The McShane Firm was asked to be part of the faculty at the Robert F. Borkenstein Center for Studies of Law in Action at the University of Indiana at their high level toxicologist training entitled “The Effects of Drugs on Human Performance and Behavior” held... [Link]
  • “Miami is replete with people who utilize illegal funds and live a luxurious, unbelievable lifestyle.”

    September 30th, 2014

    That was Judge Lenard, sentencing Alvaro Lopez Tardon --convicted of spending in Miami, drug proceeds earned in Spain -- to 150 years in federal prison.  From the Miami Herald:A federal judge put a uniquely Miami spin on the $20 million shopping spree of convicted money launderer Álvaro Lópe... [Link]
  • Petition for Authority to Increase Membership Fee Cap by $100 Per Year for Legal Services to the Poor

    September 30th, 2014

    Regina Keenan Currently, Rule 1-7.3, Rules Regulating The Florida Bar, sets Florida Bar membership fees at $265 per year. On June 16, 2014, a Petition was filed with the Florida Supreme Court, Case SC14-1165, to amend Rule 1-7.3 to provide authority to The Florida Bar to increase the membership fee... [Link]
  • ICH BIN EIN BERLINER

    September 29th, 2014

    Sorry about no post this morning. Uncharacteristically, there was no internet on the flight over the pond. And BTW, speaking of Europe, Berlin is the great European City of the 21st Century and you are doing yourself a disservice if you don't visit. VERY QUIETLY and without much (or any) fanfar... [Link]
  • Being Boring

    September 29th, 2014

    *video has brief but artful nudity #nsfwThank god! For a second there I was actually in agreement with Michele Bachmann. Don't worry self, she walked it back!For years, the GOP congresswoman from Minnesota has been a leader among Christian evangelicals and a vocal opponent of gay marriage. She not o... [Link]
  • Carnival Passenger Falls to His Death on the Ecstasy

    September 29th, 2014

    A twenty year old cruise passenger from North Carolina fell from a mast on the Carnival Ecstasy this morning, according to several local television stations.  Channel 10 (video credit) says the passenger fell as the cruise ship was underway returning to the Port of Miami. Channel 6 says th... [Link]
  • Carolyn Colvin to be new Commissioner of Social Security

    September 29th, 2014

    After serving as Acting Commissioner since February 2013, Carolyn Colvin was nominated by President Barack Obama to the the Commissioner of Social Security, for a term that ends in early 2019. Ms. Colvin has been the Acting Commissioner since the term of the prior Commissioner, Michael J. Astrue, e... [Link]
  • Ainsworth v. Chandler - Premise Liability Claim Success Hinges on Plaintiff Status

    September 29th, 2014

    One of the first things our Fort Myers premises liability lawyers will do in reviewing a trip-and-fall case is to determine the legal status of the plaintiff at the time of the incident. That is, was the plaintiff a business invitee? A licensee? Or a trespasser? For each classification, the level... [Link]
  • Sailing Toward A Safer Vacation: Parasailing Regulations Start October 1

    September 29th, 2014

    For the first time ever, Florida's parasailing businesses have to comply with safety regulations. Florida Statute 327.02 ("Miskell-White Act") requires commercial parasailing operators to log weather conditions before beginning each parasailing, forbids operations during hazardous weather conditio... [Link]
  • "Seasick Princess" Redux: Princess Cancels Another Cruise on the Sea Princess

    September 29th, 2014

    The newspapers in Australia are blasting Princess Cruises for canceling another cruise on the Sea Princess, again at the last minute, leaving thousands of passengers stranded. We previously reported on the cancellation of the September 14th sailing because the cruise ship went into dry dock to try a... [Link]
  • If a person dies intestate what proof must their children show the court to prove they are the heirs to the estate?

    September 29th, 2014

    Most Florida probate courts simply accept the information contained in the pleadings that are filed with the court. These pleadings are usually signed "under penalties of perjury". Some courts (such as Citrus Count and Miami-Dade County) often require an Affidavit of Heirs.pdf to be filed along wi... [Link]
  • Is obesity a disability?

    September 29th, 2014

    In terms of Social Security disability, obesity is no longer considered by itself to be a severe condition that would prevent you from working. However, when coupled with another condition, an individual’s weight can play a major effect on whether they are approved for benefits.The Social Security... [Link]
  • P&O Ferry Erupts in Flames

    September 29th, 2014

    A P&O ferry erupted in flames as it sailed from Dover, England to Calais, France this morning. A number of news sources report that a fire broke out in the engine room of the Pride of Canterbury as it was approaching port in France. 337 passengers and 119 crew members were aboard the ferry at th... [Link]
  • Court Denies Garnishment of Member’s LLC Distributions

    September 29th, 2014

    A writ of garnishment is a collection tool that gives the judgment creditor the right to collect a debt owed to the debtor. In a Florida appellate case decided earlier this year a judgment creditor convinced a trial court to …The post Court Denies Garnishment of Member’s LLC Distribution... [Link]
  • The Information In Your Insurance Application Is Extremely Important

    September 29th, 2014

    The information in an application for insurance is extremely important; it contains information which the insurance company uses to determine if it will extend coverage, what type and how much coverage, and is used to determine the level of risk. The accuracy of that information is important. There... [Link]
  • Should Broward County Provide ABA Therapy to Autistic Children?

    September 29th, 2014

    That's the weighty and important issue before Judge Marra, who just cleared the way for trial on this long-simmering claim that seeks to hold the school board to its statutory responsibilities on behalf of autistic children:Here, this Court has determined that a trial is necessary to resolve factual... [Link]
  • RIP Mike Beck

    September 29th, 2014

    Judge Ed Davis' longtime courtroom deputy and then Northern Division Manager Michael Beck unexpectedly passed away over the weekend.  Mike was a great guy and really funny once you got to know him.  He knew more about the clerk's office and how things ran than anyone I knew.  Most peo... [Link]
  • What Does Apple’s New Privacy Policy Mean for Florida Cybercrime Defense?

    September 29th, 2014

    One of the ways authorities identify potential cybercrimes in Florida is by accessing their mobile devices, such as smartphones and tablets. However, a recent development at Apple will prevent law enforcement – and Apple itself – from getting into suspects’ iOS 8 devices. This recent revelat... [Link]
  • Court Addresses Availability of Provisional Credits to Inmates Sentenced as Habitual Offenders

    September 28th, 2014

    John Koeppel In Leftwich v. Department of Corrections (SC12-2669), the Florida Supreme Court held that section 944.277, Florida Statutes (1992), renders an inmate ineligible to receive provisional credits on any sentence after the inmate has received a habitual offender sentence, even where the habi... [Link]
  • Anonymous Call Was Not Sufficient to Stop Defendant in Florida

    September 28th, 2014

    In Florida, the police are not allowed to stop a vehicle without probable cause to believe the person committed a traffic violation or at least reasonable suspicion of criminal activity. Most stops are easily justified by the police with testimony that the driver was speeding, ran a red light or in... [Link]
  • Gallon v. Geico - Could Insurance Agent's Falsehood Double Payment?

    September 28th, 2014

    Recently, Florida's Fourth District Court of Appeal was tasked with considering whether an insurance agent's misstatement characterizing a customer's coverage could ultimately result in doubling payout for her injured son. Answer? It's possible. In Gallon v. GEICO, the primary issue in dispute w... [Link]
  • Florida Medical Malpractice Law: Exceptions to Non-Liability of Hospitals for the Medical Negligence of Independent Contractors

    September 28th, 2014

    Most people are surprised to learn that most hospital emergency room physicians are not hospital employees. Instead, they are independent contractors. "An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in... [Link]
  • Texas Appellate Court: Alleged Fabrication of Photographs Did Not Warrant Million Dollar and "Death Penalty" Sanctions Against Insured

    September 28th, 2014

    Regardless of whether you’re the plaintiff or defendant in an insurance dispute, fabricating or otherwise altering evidence can have some very serious consequences. Earlier this summer, the Sixth District Texas Court of Appeals issued a memorandum opinion involving two of the most severe sanct... [Link]