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Charles B. Jimerson
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Nikos Westmoreland
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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: July 2013

Collecting Accounts Receivable Part VI: Garnishing a Debtor’s Employer for Salary or Wages

July 31, 2013 Banking & Financial Services Industry Legal Blog

This Blog is Part VI in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part VI focuses on garnishing a debtor’s employer for a portion of the debtor’s salary or wages in order to satisfy the outstanding judgment debt.

Collectability of Condominium Assessments Pre- and Post-Petition in Bankruptcy

July 25, 2013 Community Association Industry Legal Blog

It is common knowledge that when a company or individual files for bankruptcy, all collection activity stops. What is commonly not known is that condominium assessments are, in a manner of speaking, exempt from that rule. The fact is, all collection activity does not have to stop and you can still recover assessments that come due after the bankruptcy action is filed. Let’s read on to see exactly how all this works.

Implied Warranties in Florida: Essential Services

July 23, 2013 Construction Industry Legal Blog

On July 11, 2013, the Florida Supreme Court adopted the “essential services” test in determining whether the implied warranty of fitness and merchantability applies to improvements such as infrastructure, drainage systems, retention ponds, and underground pipes. Maronda Homes, Inc. of Florida v. Lakeview Reserve Homeowners Association, Inc., 38 Fla. L. Weekly S 573. In deciding the case, the Florida Supreme Court resolved a split of authority between two Florida appellate courts, and addressed a recently-adopted Florida statute dealing with such improvements. Compare Port Sewall Harbor & Tennis Club Owners Association, Inc. v. First Federal Savings & Loan Association of Martin County, 463 So. 2d 530 (Fla. 4th DCA 1985) with Lakeview Reserve Homeowners v. Maronda Homes, Inc., 48 So. 3d 902 (Fla. 5th DCA 2010); § 553.835, Fla. Stat. While the Court’s ruling is subject to rehearing motion (and, therefore, not yet final), it is an important holding that could significantly affect Florida’s construction and design industry.

Florida-Friendly Landscaping Law

July 18, 2013 Community Association Industry Legal Blog, Construction Industry Legal Blog

In 2009, the Florida Legislature changed an existing law that was aimed to encourage “Florida-Friendly” landscaping in communities governed by homeowner associations. Under the State Water Resource Plan each water management district is required to design and implement an incentive program to encourage all local governments to adopt new ordinances requiring Florida-Friendly landscaping.

What are the Repercussions for Failing to Give the Condo Owner the Required Thirty-day Notice, Pursuant to Fla. Statute 718.121(4), Prior to Filing a Claim of Lien?

July 16, 2013 Community Association Industry Legal Blog

Section 718.121(4), Florida Statutes, requires a condo association to provide a delinquent condo owner with a Notice of Intent to File a Lien, along with a thirty-day notice, prior to filing a Claim of Lien. Section 718.121(4) was added to the Florida Statutes in July 2008, becoming effective at that time. Since that section was added, there has been no case law involving a violation of that specific section of the statute. However, there are statutory protections that a condo owner has, and there is case law regarding the consequences for a lienor for not following the proper procedures for filing a Claim of Lien. In sum, if the statutory lien process is not followed strictly, the lien will be invalidated. Practically, if a required thirty day notice is not provided prior to filing the condominium assessment claim of lien, the condominium owner can file a “Notice of Contest of Lien” pursuant to Section 718.116(5)(c), Florida Statutes, to have the lien invalidated. If the lien is invalidated, the Condominium Association must start the process anew.

When Does a Purchase Money Security Interest Trump an Existing UCC-1 Blanket Asset Lien?

July 11, 2013 Banking & Financial Services Industry Legal Blog

When a Purchase Money Security Interest (PMSI) trumps an existing UCC-1 blanket asset lien depends upon whether the creditor perfected its PMSI during the required time period under Florida law in order to receive priority status over previously recorded blanket liens. Under Florida law, that priority period is within twenty days of the collateral being delivered to the debtor. Fla. Stat. § 679.324(1) (2012). If the creditor fails to perfect its PMSI during the statutorily provided period, it cannot gain priority status over another creditor’s previously perfected blanket security interest. In re Alphatech Systems, Inc., 317 F.3d 1267, 1269 (11th Cir. 2003). This Blog post seeks to analyze those circumstances where a lender seeks to prime an existing UCC-1 with their PMSI.

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