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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!

  • Family Law and Judicial Administration Rule and Jury Instruction Changes Adopted

    January 31st, 2015

    Kristen Larson On January 22, the Court adopted notable changes to rules of family procedure and judicial administration and jury instructions. Florida Family Law Rule of Procedure 12.451 was adopted to mirror Florida Civil Rule of Procedure 1.451, which allows testimony to be given via audio or vid... [Link]
  • Negligence Alone Insufficient for Compensation

    January 31st, 2015

    In any personal injury lawsuit, there are some basic legal and factual requirements that must be met in order for the claim to succeed. These requirements include establishment of: --A duty owed by defendant to plaintiff; --A breach of that duty; --Proof that breach proximately caused plaintiff's... [Link]
  • Federal Drug Conspiracy Cases Dismissed

    January 31st, 2015

    Aggressive litigation by federal defense attorneys concerning over-zealous federal drug-war strategies resulted in federal prosecutors in the Northern District of Illinois, specifically Chicago, dismissing federal conspiracy charges these tactics have generated. The article in the Chicago Tribune o... [Link]
  • PA Police to be out in full force on Super Bowl Sunday

    January 31st, 2015

    As with any other holiday, you can expect an increased presence from police on Super Bowl Sunday.  That means extra roving patrols and DUI checkpoints. While many of us will be out and about enjoying time with our family and friends,  police will be out in full force stopping us at DUI roadblock... [Link]
  • In California, Not All Insurance Company Advertising Costs Can be Passed on to the Consumer

    January 31st, 2015

    Last week, a court in California ruled against Mercury Insurance Company which challenged an earlier order from the California Insurance Commissioner requiring it to reduce homeowner insurance rates. In that same lawsuit, various insurance industry trade associations intervened to separately challen... [Link]
  • IRS Error in Extending Statute of Limitations for Wrong Year is Disregarded

    January 31st, 2015

    When a taxpayer files a federal tax return, the IRS generally has a 3 year statute of limitations period to assess additional tax beyond that reported on the return. If the tax year is audited, the auditor may ask the taxpayer to file a Form 872 that extends the statute of limitations so there is mo... [Link]
  • Senators Propose New Law to Curb Forfeiture Abuse

    January 30th, 2015

    Over the years, handling asset forfeiture cases in Florida and Georgia, we have seen some eye-opening practices of police and other law enforcement agencies designed to take property from people for their own benefit. It is not uncommon for law enforcement agencies to take large amounts of money or... [Link]
  • Traffic Tickets Lead to Florida Habitual Traffic Offender Status

    January 30th, 2015

    A Florida habitual traffic offender’s driver license has been suspended for 5 years due to certain traffic tickets that are on his or her driving record. The law that lists the qualifying traffic violations for habitual traffic offenders is Florida Statute Section … Continue reading →... [Link]
  • Tampa woman crashes into a bar, gets a DUI

    January 30th, 2015

    A woman drives into a bar...not the beginning of a bad joke but rather an unfortunate incident for the unlucky driver. 29-year-old Sully Marie Torre-Medina was charged with possession of marijuana and DUI with injury after her car crashed into the Independent last Tuesday. The bar, which is locate... [Link]
  • Coast Guard Medevacs Passenger from NCL's Norwegian Gem

    January 30th, 2015

    The Defense Video and Imagery Services reports that the U.S. Coast Guard rescued a 66 year old passenger from a Norwegian Cruise Lines (NCL) cruise ship last night approximately 220 miles in the Atlantic Ocean off the coast of North Carolina. The Coast Guard received a call from the Norwegian G... [Link]
  • Collateral Source Rule and Florida Unemployment Compensation Benefits

    January 30th, 2015

    Florida has a collateral source rule that calls for a reduction of a damages award by the amount of payments received from various collateral sources. Florida statute 768.76 retracts the common-law collateral source rule and provides that certain payments from various sources can be set off from a p... [Link]
  • Caribbean Cruise Line Scam?

    January 30th, 2015

    NBC 6 is airing a story about Caribbean Cruise Line alleging that the company routinely offers essentially "free" cruises via unsolicited phone calls or vouchers in the mail, and deceives the public by not disclosing hidden fees.  It also claims  that businessmen behind the scene... [Link]
  • Disclosure of Financial Information in Divorce Cases

    January 30th, 2015

    As a Jacksonville divorce lawyer, I am familiar with how messy things can get in a divorce case. People tend to have emotional responses during divorces that can sometimes cloud their judgement. For instance, the Florida Family Law Rules come right out and tell us what financial disclosures must b... [Link]
  • American Heritage v. Morales – Alcohol Exclusions in Insurance

    January 30th, 2015

    In the recent case of American Heritage Life Insurance Co. v. Morales, Florida’s Third District Court of Appeals weighed a claim for accidental death benefits claimed by the estate of an insured who was killed after a drunken jet ski crash. The insurer denied payment of the claim, citing the a... [Link]
  • MIRANDA IN ACTION AND PROOF OF GLOBAL WARMING

    January 30th, 2015

    We all know the warnings. You have the right to remain silent….. You have the right to an attorney, and if you cannot afford one, one will be provided to you, ….Once we are finished speaking with you and getting you to incriminate yourself, because we really don't respect or protect the con... [Link]
  • The revolution will not be televised

    January 30th, 2015

    Forget about TV, you can't even get a seat inside the Supreme Court. From USA Today:The dignified calm of the U.S. Supreme Court was broken recently when seven protesters, one after another, rose to shout epithets about the growing power of money in American politics — a trend the court has haste... [Link]
  • Kevin McCarty and the Florida Cabinet

    January 30th, 2015

    Recently, as outlined in Nicole Vinson’s blog post, Will Kevin McCarty Remain Florida's Insurance Commissioner?, it has become apparent that the Florida Insurance Commissioner is on the hot seat. Unfortunately, there is no good reason for him to be in such a position. I was quoted on this... [Link]
  • Are You Ready For The Big Game?

    January 30th, 2015

    Of course I said "Big Game" and not "Super Bowl" for a reason.With the college football champion now decided, and the NFL league championships this coming weekend to decide this year’s Super Bowl teams, it’s that time when we post our warning about being careful with using the phrase “Super Bo... [Link]
  • Avoid a Criminal Arrest During Gasparilla Pirate Fest

    January 30th, 2015

    This Saturday, Tampa Bay will be celebrating the 2014 Gasparilla Pirate Fest. This day-long celebration welcomes the public to partake in a spectacular parade and festival inspired by Jose Gaspar. This annual festival accommodates more than 300,000 people every year, which results in large crowds of... [Link]
  • Avoid a Criminal Arrest During Gasparilla Pirate Fest

    January 30th, 2015

    This Saturday, Tampa Bay will be celebrating the 2014 Gasparilla Pirate Fest. This day-long celebration welcomes the public to partake in a spectacular parade and festival inspired by Jose Gaspar. This annual festival accommodates more than 300,000 people every year, which results in large crowds of... [Link]
  • Smoking Puts Men at Risk for Loss of Chromosome Y (LOY), Study Shows

    January 29th, 2015

    New research provides yet another reason to quit smoking. A scientific analysis of 6,000 men showed a propensity for those who smoked to lose their Y chromosome. That’s bad news, according to the Swedish team that conducted the trial. “If cancer, heart disease, and emphysema weren’t bad enough... [Link]
  • Americans Paying More Than Ever for Generic Drugs

    January 29th, 2015

    Generic-drug costs are soaring. In 2014, so much inflation took place it prompted members of the Senate to push for the legalization of drug imports from Canada, as patients south of the border struggle to pay for their pills. According to reports, half of all generic drugs have experienced cost spi... [Link]
  • Death on the Carnival Dream

    January 29th, 2015

    We have been contacted by a half-dozen passengers from the Carnival Dream ship sailing out of New Orleans. They have inquired about the death last week of a 30 year-old man (passenger) sailing with his wife and other couples.  He apparently fell from his cabin's balcony and landed on an exterio... [Link]
  • The Law is an Ass

    January 29th, 2015

    The law is an ass, or so says Charles Dickens. After reading the IRS’ latest missive on sales of marijuana, I think I agree. The tension between federal and state law on the sale of marijuana carries over to federal income taxes. While the sale of marijuana is legal in some states at varying level... [Link]
  • Can you sell your house during bankruptcy?

    January 29th, 2015

    Once a debtor files for bankruptcy, his or her home and other possessions become part of their bankruptcy estate. While creditors cannot automatically foreclose on the property because of bankruptcy protections, the debtor is likewise not allowed to sell a house without first obtaining permission f... [Link]
  • Will My Accident Case Settle Out of Court?

    January 29th, 2015

    Will My Accident Case Settle Out of Court?Believe it or not, this answer will depend on you!  You are going to have a case and you will hire an attorney to represent you on it. That attorney will put forth all the effort in a pre-suit demand. The insurance company for the at-fault party will... [Link]
  • Catastrophic DUI Accidents – Is the Bar or Restaurant Liable for Injuries Caused by Its Patrons?

    January 29th, 2015

    This tragic injury story happens all too often in South Florida: Someone is served alcohol, gets drunk, drives, and kills or injures someone on the road. We all know this kind of behavior is illegal. But often the question becomes what liability the bar has for serving the alcohol when the patron dr... [Link]
  • Fight the Power!

    January 29th, 2015

    How ridiculous is this -- a PD arrested for doing her job:... [Link]
  • Watch The FL Supremes Give Out Pro Bono Awards Live!

    January 29th, 2015

    It's why we all do it, isn't it?Oh I kid, these folks are mensches, representing the best our profession has to offer, and are role models to all you youngsters too busy posting pictures of your food.Watch it live at 3:30 p.m. today.Here's one highly notable recipient:  John Koyzak:The Tobias S... [Link]
  • Push and Pull: the Forces that Drive Immigrants to Risk Everything to Come to the United States Part Three

    January 29th, 2015

    In my first blog in this series, I explained that there are multiple causes to our immigration dilemma here in the United States. Some of these causes have their genesis in the U.S., and encourage people to risk it all to come here; I have coined these causes, pull factors. There are also strong inf... [Link]
  • Hailstorm/Windstorm Claims? Challenges For The Policyholder? Two Points Going Hand-In-Hand These Days

    January 29th, 2015

    If you are a Public Adjuster or Roofing Contractor working in the property damage insurance claim industry, you no doubt have been seeing more and more hailstorm/windstorm claims in recent years. In researching some of the many issues surrounding these claims for my presentation at the recent Windst... [Link]
  • Psychologist, Lisa Damour, on Talking About Pornography with Teenagers

    January 29th, 2015

    Teens who aren’t taught about the ramifications of viewing certain kinds of pornography can get themselves in serious trouble that even an experienced Florida sex crime defense attorney can’t easily untangle. As a parent, you can take preemptive action to avert catastrophy. The simple act of tal... [Link]
  • Prevent Drunk Driving Accidents Following the Super Bowl

    January 29th, 2015

    The Super Bowl is a major event each year that can lead to drunk driving accidents that result in severe injury or death. Super Bowl parties start mid-afternoon and run into Sunday night, which means there are a large amount of intoxicated drivers on the roads afterwards. According to reports, appro... [Link]
  • IT NEVER ENDS

    January 29th, 2015

    The cycle of CLE, trials, and Bench and Bar Mixers continues with another "come meet the judges y'all"  shing-ding at Pride and Joy, which is not a half-bad BBQ joint on Thursday, after work (or several hours after work for certain members of the judiciary)  Details below. Site Feed... [Link]
  • MEET JUDGE ZACCOR

    January 28th, 2015

    Rumor has it ASA Steve Zaccor has been appointed to replace Gary Cowart on the county bench … Sun Sentinel subscription to JAABLOG alive and well Coming Soon - Hello, Stephen? – Peter and Fred calling …... [Link]
  • How Do Jacksonville Criminal Lawyers Have Cases Dismissed?

    January 28th, 2015

    In general, criminal defendants want their cases dismissed. No one wants to face misdemeanor or felony charges in court.  How do they do this?  They talk to their Jacksonville criminal lawyers about a dismissal. Your case is not dismissed, because … Continue reading →... [Link]
  • Sapphire Princess Passenger Overboard, Rescued

    January 28th, 2015

    The Cruise Critic message board mentions that a passenger went overboard and was rescued from a Princess cruise ship. The person starting the thread speculated that the passenger jumped. The cruise line of course has not issued a statement. The incident reportedly occurred on the Sapphire Princess d... [Link]
  • Police: Speed Primary Factor in Fatal Cape Coral Crash

    January 28th, 2015

    While traffic homicide investigators continue to piece together evidence from the wreckage following a recent fatal crash on Del Prado Boulevard in Cape Coral, they say one thing seems certain: Speed was a primary factor. It seems both vehicles - a Toyota Corolla car and a GMC Envoy sport utility... [Link]
  • The Irony of Claiming PIP Fraud By Florida PIP Insurers

    January 28th, 2015

    There have been many recent changes in Florida’s Personal injury protection (PIP) statute thanks to the lobbying efforts of Florida PIP Insurers.  These changes have severely limited injured people’s rights to health care covered under PIP.  As those who watched the “new PIP law” (... [Link]
  • Another Bitcoin Company Bites the Dust as CoinTerra Files Chapter 7 Bankruptcy

    January 28th, 2015

    CoinTerra Inc. developed computers specifically used for mining the cryptocurrency Bitcoins, but came under fire when many customers submitted complaints to the Better Business Bureau (BBB) claiming the computers did not meet specs the company promised. Customers said the Austin, Texas-based company... [Link]
  • Florida Red-Light Running Cited Often in Crashes

    January 28th, 2015

    A driver in South Florida faces vehicular homicide charges after he allegedly slammed into a family van while speeding and running a red light, resulting in the death of a 14-year-old boy. Troopers with the Florida Highway Patrol say the crash occurred in Hillsborough County, shortly after a police... [Link]
  • Questions "Of Great Public Importance" Certified to Florida Supreme Court Regarding FIGA's Obligation to Homeowners with Sinkhole Claims - Part 2

    January 28th, 2015

    In my previous blog post, I gave shared an overview of the facts surrounding Florida Insurance Guaranty Association v. De La Fuente,1 which lead Florida's Second District Court of Appeal (2nd DCA) to certify two unique questions involving FIGA's liability in sinkhole claims as being "of great p... [Link]
  • 3d DCA Watch -- Your Case Has Been Dismissed, But Also Set for Trial -- Welcome to State Court!

    January 28th, 2015

    Only in sunny South Florida can a case be dismissed for lack of prosecution, but then 18 months later be set for trial and mandatory mediation:Petitioner, Aqua Life Corp. (“Petitioner”), petitions this court for issuance of a writ of prohibition to prohibit the trial court from continuing to exe... [Link]
  • Error In Legal Description Renders Judgment Voidable, and Cannot Be Corrected More Than A Year After Issuance

    January 28th, 2015

    Epstein v. Bank of America (4D13-4066), released today, involves a borrower’s challenge to a trial court’s order vacating a judgment that had been entered in favor of the plaintiff/lender. Three years after the judgment was entered in its favor, the plaintiff/lender sought to vacate the judgment... [Link]
  • Warren Lee Hill executed

    January 28th, 2015

    The 11th Circuit denied his last stay request (Hull & Marcus, with a dissent by Martin) and the Supreme Court also turned him down yesterday, leading Georgia to execute Warren Lee Hill.Here's the NY Times:The State of Georgia executed a convicted murderer, Warren Lee Hill, on Tuesday night, end... [Link]
  • Georgia Executes Warren Hill: SCOTUS Allows Execution to Proceed

    January 28th, 2015

    The State of Georgia executed Warren Hill today, despite arguments that Mr. Hill was intellectually disabled.  Last minute arguments made to the Supreme Court were unsuccessful.     The Supreme Court issued orders today in the Hill case are important to all death penalty d... [Link]
  • New Report: Florida Still Among Deadliest for Cyclists

    January 27th, 2015

    If there was anything positive for Florida cyclists in the latest Governors Highway Safety Association report "Bicyclist Safety," it's that the Sunshine State is no longer No. 1 in cycling fatalities. That dubious distinction now goes to California. However, that state - with 28.8 million more pe... [Link]
  • Disclosures to Home Buyers: Florida Statute 475.278 and the Real Estate Agent Relationship

    January 27th, 2015

    For Florida real estate lawyers, it’s shocking to contemplate all of the many ways that Florida real estate agents and Florida real estate brokers have found to be underhanded in their dealings with buyers and sellers, all in the name of making a quick buck. The past few years (the time when the F... [Link]
  • Is a Public Records Request Scam Hurting Your Private Company?

    January 27th, 2015

    Are you a private business owner who occasionally does work for government agencies? You should be aware of an ongoing lawsuit scam that involves Florida laws on public records. Chapter 119, Florida statutes is Florida’s Public Records Act. It mandates that government agencies provide access t... [Link]
  • EAT, DRINK, GET CLE AND NOW…PARK

    January 27th, 2015

    TGK PARKING WOES UPDATE BELOW.You Know it. You Love it. You can't live without it. The REGJB Lunch & Learn is back for 2015! This week's topic is especially enlightening, because no matter where we go, and regardless of with whom we speak, we are always asked about one of the... [Link]