Monthly Archives: September 2012
Limiting Florida’s homestead exemption: collecting on homestead property in excess of one-half acre.
For well over a century, Florida’s Constitution has made the homestead exempt from the claims of creditors. Public Health Trust v. Lopez, 531 So. 2d 946, 948 (Fla. 1988). Florida’s constitutional provisions provides one of the most debtor-friendly homestead exemptions in the country, and debtors are permitted to divert substantial assets to the purchase of new and extravagant homes that can be shielded from creditors. Florida’s Unlimited Homestead Exemption Does Have Some Limits: Part I, 77 Fla. Bar J. 60 (2003). There are, however, exceptions to the rule. This blog post will focus on one exception: the creditor’s ability to collect on homestead property located in a municipality that exceeds one-half acre. Read Full Post
Part II: Contractor Defenses to Negligence Claims Part I of this posting discussed various considerations with proving contractor negligence in Florida. Part II of this posting will discuss defenses and hurdles in proving such negligence. Just as the Plaintiff … Read Full Post
It is well known that Offers of Judgment and Florida Courts’ interpretations of the Statute and Rule governing them are continually changing. Certainly Florida Rule of Civil Procedure 1.442 and Florida Statute § 768.79 provide the requirements for the form, … Read Full Post
What do you think when you hear the word “e-discovery”? If you are thinking about CD copies of printed PDF documents and web site screen shots, you have a lot to learn. There is so much more a simple document … Read Full Post