One very important question that is asked by many litigants is, “Can I recover my attorneys’ fees for this case”. The American Rule on attorneys’ fees is generally that each litigant or party is responsible for payment of his/her/its own attorney’s fees. The entitlement to recovery of attorneys’ fees generally […]
As a case develops, parties exchange information through a process known as discovery. Discovery is a truth seeking device- each party is able to discover facts that the other party has. Parties and their attorneys are expected to comply with requests for discovery.
Florida’s Fourth District Court of Appeal recently found in Garvin v. Tidwell that the appellee, Tidwell, violated her discovery obligations by failing to disclose an advertisement that featured her horse. No. 4D11-2712, 2012 WL 523224 at *3 (Fla. 4th DCA Oct. 24, 2012). The court allowed the appellant, Garvin, to rescind the settlement agreement because Garvin was not aware of all of the material facts because of Tidwell’s failure to disclose information during discovery. Id. at *5. Let this case serve as a lesson to any lawyer or party considering executing a settlement agreement if you have been less than truthful or forthcoming in the discovery process.
In a Financial News & Daily Record article titled, “The Florida Bar Mentoring Program Rolled out in Jacksonville”, Charles Jimerson was asked to comment on the enhancing program for students.
Just as we can’t see the air we breathe or radio waves transmitting data around the world, neither can we see thoughts and ideas. However, this does not mean they don’t exist. Similarly, for those Professionals whose work product may not be a tangible, fungible item, their work product nonetheless […]
I recently came across a piece of information that I had never heard before in my last four years of litigating creditor’s rights cases. I have been advised that attorneys’ fees can never be granted on a Motion for Final Judgment after Default. Who knew? I have had hundreds of default judgments entered, nearly all of which included attorneys’ fees, without once being told that this practice was incorrect. So is it really incorrect?
Jacksonville, Fla. – November 5, 2012 – Attorney Charles Jimerson, managing shareholder of Jimerson & Cobb, P.A., has assumed the presidency for the First Coast Chapter ofthe Risk Management Association (RMA). His term will continue through the fall of 2013. The First Coast Chapter ofRMA will host events during the […]
Termination for Convenience clauses were first introduced during the American Civil War and were used in government contracts. Such provisions in contracts with the Federal government allowed the government to terminate contracts related to military procurements that were no longer necessary as a result of changing technology or the cessation […]
Aside from foreclosing on a piece of real property, a Lender may utilize numerous other methods to recoup monies left unpaid on a mortgage note and to take control of a piece of property that may be losing value based on improper management. In this first installment piece, we will […]
Attorneys are not only ethically, but lawfully obligated to keep certain divulged information confidential in furtherance of representing a client. However, issues may arise whereby certain documentation may need to be transmitted to a third party. For example, an attorney represents a homeowner’s association whose property management company is responsible for maintaining records including contracts and invoices. In the interest of acquiring discoverable records, the attorney must communicate with the management company and disclose otherwise privileged information. Is the attorney-client privilege waived if information crosses paths with the management company? The answer is no, based on a careful interpretation of the Florida statutes.
Under Florida law, it is better for an HOA to charge installment dues over the course of a year rather than allow for a lump sum payment at the beginning of each year. This is because post-petition debts, including post-petition HOA fees, are not dischargeable in a bankruptcy.