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Charles B. Jimerson
Managing Partner

Nikos Westmoreland
Director of Business Development

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

Monthly Archives: February 2013

February 2013 Firm Newsletter

February 28, 2013 Newsletters

Featured in the February 2013 Issue Partner’s Perspective J&C Participates in Junior Achievement Bowl-A-Thon J&C Attorneys Named to Super Lawyers List New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Is not Reading the Contract a Defense to Enforcement of the Contract?

February 22, 2013 Professional Services Industry Legal Blog

By: Charles B. Jimerson

Occasionally in litigating contract actions I will run into the laughable defense of “I didn’t read the contract, so therefore I shouldn’t be subject to it.” That is not a viable defense under Florida law. It is well settled Florida law that a party has a duty to learn and know the contents of a proposed contract before he signs it and therefore, one who signs a contract is presumed to know its contents. Wexler v. Rich, 80 So. 3d 1097 (Fla. 4th DCA 2012).

The Treatment of HOA Liens During a Debtor’s Bankruptcy Proceedings

February 11, 2013 Community Association Industry Legal Blog

By Hans C. Wahl, Esquire

Homeowners’ Associations (HOAs) have remedies available, under Florida law, when its residents fail to pay their periodic HOA assessments in a timely manner. One such remedy is a statutory lien pursuant to Chapter 720, Florida Statutes. According to Florida law, when a community is subject to mandatory HOA fees, the HOA has the statutory authority to levy assessments and to secure its claim for any unpaid assessments by placing a lien on the debtor’s property within that community. Fla. Stat. § 720.3085(1).

The Governmental Unit Exemption to the Automatic Bankruptcy Stay Extends to a Final Judgment for Attorneys’ Fees as a Sanction

February 4, 2013 Banking & Financial Services Industry Legal Blog, Governmental Entities Industry Legal Blog

In every bankruptcy action that is filed, a stay of any collection-type activities automatically comes into place for the duration of the pending action.  However, there are certain proceedings that are exempted from this automatic stay and allowed to proceed against the debtor during a pending bankruptcy action.  One such […]

Make Sure You have Addressed all Pending Counterclaims and Affirmative Defenses Prior to Moving for Final Summary Judgment of Foreclosure

February 1, 2013 Construction Industry Legal Blog

After filing a foreclosure action and receiving a response from the Plaintiff, it is common to obtain the needed documentation, including supportive affidavits, and move quickly for summary judgment.  However, a recent decision from the Fifth District Court of Appeals has clarified when summary judgment is available following the filing […]

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