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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: May 2013

May 2013 Firm Newsletter

May 30, 2013 Newsletters

Featured in the May 2013 Issue Partner’s Perspective: J&C Welcomes Partner James O. “Joby” Birr J&C Partner Named to Board of Directors for RMA J&C Website Wins First Place at 2013 Communicator Awards New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Jimerson Birr Welcome Partner James O. Birr,III

May 30, 2013 Press Room

Jacksonville, Fla. – May 30, 2013 -Jimcrson &. Cobb. P.A., is pleased to announce the addition of partner James O. (Joby) Birr. Ill, to the firm. Birr’s practice will focus on construction law and business litigation. Birr is Board Certified by the Florida Bar in Construction Law and is AV […]

Records Retention Policies for Small and Mid-Sized Businesses: What do You Need to Know? A Multi-Part Feature.

May 29, 2013 Professional Services Industry Legal Blog

Management of records including creation, retention, access, and destruction, has been a major concern for businesses. This is mainly due to the growth in volume of records (especially electronic data) and the lingering fear of litigation. Once a business is named as a party to suit, high scrutiny is placed on litigants in order to prevent spoliation of evidence that may be relevant to prosecution or defense of the lawsuit. Development and execution of an effective document retention policy is critical as the alternative may result in unfavorable discovery, loss of critical information, unnecessary expenses and adverse judgments. This two part Blog post endeavors to provide small and mid-sized businesses a few an overview what document retention policies are and things to consider when creating an internal document retention policy.

Contractual Post-Judgment Interest

May 21, 2013 Banking & Financial Services Industry Legal Blog

Many creditors have default interest provisions in their contract documents. The highest rate allowable under Florida law for these default provisions is 18% per annum or 1.5% per month. However, creditors almost never address post judgment interest in their contract documents. Such omission leaves them at the mercy of the interest rate set forth in Section 55.03, which states:

Jimerson Birr Website Wins Prestigious Award

May 21, 2013 News

A diverse and strong portfolio that demonstrates success is what sets a normal business apart from an extraordinary one. Here at Jimerson Birr we pride ourselves on our vigorous work ethic, attention to details and commitment to our clients. Expressed in our mission statement, “We are accessible, responsible, prepared, efficient and technologically advanced.” Our goals are clear and one has been recognized and validated by the community at large. Thanks in part to our partnership with Paper Street Web designs, we are very proud to announce that our website recently received 1st place in the 19th Annual Communicator Awards in Excellence in Law and Legal Services.

The Tables Turn: Associations Foreclosing on Banks for Unpaid Dues on Properties They’ve Acquired

May 17, 2013 Community Association Industry Legal Blog

The Florida Statutes are clear—persons who purchase a residential foreclosure with outstanding assessments and dues attached to it are responsible for paying those past-due amounts to the governing association upon taking possession of the property. See Fla. Stat. § 718.116(1)(a) (applying to condominiums); see also Fla. Stat. § 720.3085(2) (applying to property governed by homeowners’ associations). This Florida law applies to banks as well.

Basic Considerations for Condominium Arbitrations: Alternative Dispute Resolution with “Thy Neighbor”

May 14, 2013 Community Association Industry Legal Blog

Effective 1992, the Condominium Act requires arbitration of certain condominium disputes as an alternative to court litigation and also authorized mediation of such disputes. The objective of the program is to provide condominium unit owners and associations a just, speedy and inexpensive alternative to litigation in the court system.

Section 718.1255, Florida Statutes, defines which disputes are eligible for arbitration “as any disagreement between two or more parties and the authority of the board of directors or the association’s governing document”. An eligible dispute for arbitration requires any owner to take or not to take any action involving that owner’s unit, or involving the alteration or addition to a common area or element of the condominium property.

Considerations for Filing Multiple Bankruptcy Actions or Re-Filing a Bankruptcy Action After Dismissal

May 6, 2013 Banking & Financial Services Industry Legal Blog

There are numerous provisions built into the Bankruptcy Code which restrain a debtor from abusing the system by filing for bankruptcy over and over again. This includes periods of time in which filing is barred and an inability to obtain multiple discharges during a specified length of time, to name a few. Further, dismissal of a bankruptcy action may have a negative impact on the debtor and provide some relief for creditors in a future action.

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