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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: August 2013

Trial Courts Have Post-Judgment Jurisdiction to Determine the Amount of Past-Due Assessments Owed to a Condo Association and any Attorneys’ Fee Award

August 29, 2013 Community Association Industry Legal Blog

Recently, Florida’s Third District Court of Appeal issued a ruling that laid to rest any doubt as to whether a trial court has the jurisdiction to determine the amount of association dues owed to a condo association in a foreclosure action and the amount of attorneys’ fees to be awarded to the prevailing party in such an action…

Florida’s Second District: Judgment Creditors can Issue Post-Judgment Discovery Concerning the Debtor’s Assets Held Jointly With a Spouse

August 26, 2013 Banking & Financial Services Industry Legal Blog

On August 14, 2013, Florida’s Second District Court of Appeal issued an opinion in the case of Regions Bank v. MDG Frank Helmerich, LLC, et al., that is of great benefit to Florida’s judgment creditors. In its opinion, the Second District held that a judgment creditor is entitled to post-judgment discovery on the judgment debtor’s assets held jointly with a spouse. Regions Bank v. MDG Frank Helmerich, LLC, et al., 2013 WL 4081005, 2 (Fla. 2d DCA 2013). That holding provides creditors with a greater net to cast in the hopes of locating assets that are nonexempt and can be used to satisfy the judgment balance.

Collecting Accounts Receivable Part VIII: Executing and Levying on a Debtor’s Personal Property

August 19, 2013 Banking & Financial Services Industry Legal Blog

This Blog is Part VIII 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 VIII focuses on executing and levying on a debtor’s personal property as a method for creditors to satisfy an […]

Self-Help Without Breaching the Peace- How Does a Secured Creditor Repossess Collateral Without Incurring Liability?

August 13, 2013 Banking & Financial Services Industry Legal Blog

When a person or business loans money to another person or business, it is usually the case that the creditor will require a security interest in the assets of the debtor. Often times, especially these days given the state of the economy in the past five years, the debtor will default on the loan, usually by failing to repay the funds in accordance with the terms of the agreement. Since the creditor has a security interest in debtor’s personal property, the creditor can simply walk in one day and take everything to satisfy the loan right? Not quite…

New Florida Law Affects HOAs and Condo Associations’ Abilities to Swipe Drivers’ Licenses at Community Entrances

August 12, 2013 Community Association Industry Legal Blog

Many of Florida’s associations provide their residents with gated entrances and security check-ins that enhance the safety of the communities they govern. When communities have hundreds of homes it is sometimes difficult to keep track of every family member living at each residence. As a security measure to ensure that every person entering the neighborhood is who he or she claims to be, many associations have security personnel swipe the driver’s license of the person entering.

How are Property Taxes in Florida Calculated and How Can I Challenge or Appeal Property Tax Assessments?

August 9, 2013 Real Estate Development, Sales and Leasing Industry Legal Blog

Every August Florida Property Appraisers will send out their TRIM notices, or Notice of Proposed Property Taxes, advising all tax payers of the proposed assessment on their properties. It is crucial for land owners to critically review this Notice and determine whether the assessment is fair and accurate, as the mailing of the notice commences a very short window in which a tax appeal must be filed. Very often these Notices are inflated to require payment of more taxes than should be assessed.

The county assessed value of your real estate should equal what the property would easily sell for in an arms-length transaction between a willing buyer and seller (Market Value). As often occurs, the true number that the local real estate market will bear is a lower number than what the county property appraisers value lists because properties are not impervious to natural variables that diminish value. If the property has been affected by a diminution in value caused by declining prices and market conditions, detrimental conditions (i.e. cracked slab, landslide, construction defects, condemnation, environmental problems), or other causes, the property owner should consider filing an appeal. Property tax appeals can be filed on any real estate including a home, ranch, vacant land, apartment building, commercial, industrial, or special use property.

Property owners are often shocked when receiving annual notices attempting to re-valuate their property because their property tax values often rise dramatically from a previous valuation (increases in value by 40% or more are not uncommon in some jurisdictions). This Blog post will attempt to answer two common questions we are often asked by Florida land owners: “How does the property tax process work and What can I do if I think my property has been over-valued by the tax man?”

Collecting Accounts Receivable Part VII: Charging Orders Against a Debtor’s Business Interest

August 7, 2013 Banking & Financial Services Industry Legal Blog

This Blog is Part VII 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 VII focuses on satisfying a creditor’s outstanding judgment balance by issuing a charging order against a debtor’s business interest.

August Lunch and Learn: Florida Elements of Common Business Litigation Claims

August 6, 2013 Presentations, Professional Services Industry Legal Blog

As part of our monthly professional development, each member of our firm is required to periodically present on items germane to our multi-faceted business litigation law practice. This month Law Clerk Austin Calhoun presented on elements to claims we frequently use or defend in our day in day out practice. Attached is the hard copy of the presentation with particular reverence to the sources in which he derived the information.

Jimerson Birr Founder Charles Jimerson Earns Florida Bar Board Certification in Construction Law

August 6, 2013 Press Room

Jacksonville, Fla. – August 6, 2013 – Attorney Charles Jimerson joins fellow Jimerson & Cobb attorneys Christopher Cobb and James Birr in the distinction of certification by The Florida Bar in construction law. Jimerson earned this recognition for having the highest standards of skills, special knowledge, proficiency, professionalism and ethics […]

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