Blogs & Resources

Recent case-law from the Florida Supreme Court sheds new light on conflict of interest issues resulting from class action law-suits. Many times in class action law suits, class counsel will endeavor to reach a settlement which is fair to all members, while simultaneously and inadvertently receiving objections from a minority of the class members to the proposed settlement or other course of action. What is the counsel to do in that situation? Is there a conflict such that as of the objection, the interests of the majority are now directly adverse to the interest of the minority? The Third District Court of Appeals attempted to remedy the problem by applying a balancing test of interests commonly used by the Federal court systems. Upon review by the Florida Supreme Court, the court found that the balancing test was inappropriate and that the Florida Rules of Professional Conduct fully addressed this conflict of interest issue. The decision of Young v. Achenbauch exemplifies this.

During One Spark 2014, the streets of downtown Jacksonville were alive, like we’ve never seen them before! If you were one of the estimated 260,000+ who attended during the five-day crowd fund festival, then you don’t need to read about it to know that. The results are in and the numbers are astounding!

Once a creditor obtains a judgment against a debtor, attempting to garnish the funds, accounts and assets of that debtor held by a third party is an extremely efficient and often successful means for collecting on that judgment. Chapter 77, Florida Statutes, governs garnishment actions within the State of Florida and provides for two main types of garnishment, which have been discussed in previous Blog posts. These include a Writ of Garnishment issued to a bank or financial institution and a Continuing Writ of Garnishment issued to a debtor’s employer. Although a judgment creditor can utilize both forms of garnishment in attempting to collect on the judgment, under Section 222.11, Florida Statutes, a debtor has the right to make claimed exemptions to garnishment actions when the debtor is head of household. However, such claimed exemptions may not preclude a creditor’s attempt at garnishment in certain situations. This Blog post discusses when claimed exemptions for head of household may not apply to garnishment actions when the debtor is an independent contractor, the sole owner of a corporation or an owner of a single member LLC.

Owning property is a major step in life, and part of the American Dream. Having marketable title to the property is vital to achieving this major step. There are many common title defects that can be avoided with proper due diligence. When real estate titles are defective, or unmarketable, the value is substantially diminished; that is, until the title issue is resolved. This post will discuss common title defect issues, and ways to resolve these issues.

This is Part V in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. Previous posts in this series discussed the process of termination due to certain events such as economic waste, impossibility to continue as a condominium, and the purchase of condominium property by a developer. Part III and Part IV also explained the required provisions for a plan of termination and what must be done after the plan is executed and in effect. This Blog post describes the powers of the association and the trustee during the termination of condominium process.

You have successfully proven that a delay occurred, effectively addressed the common and most applicable defenses and, subsequently, determined the Total Cost Method does not assist you in calculating the delay damages. Luckily, or unlucky depending on whether trying to collect or avoid paying damages, courts allow the use of a number of different methods to ascertain the measure of delay damages. Out of the usual objections with the Total Cost Method—the contractor receiving a windfall, lack of reliability and specificity and the low burden of proof—the Modified Total Cost Method was established. This Blog post will describe the “ins and outs” of the Modified Total Cost Method.

Roofing systems are an integral part of any new construction. There are a number of things to consider when selecting a new roof system. Of course, cost and durability head the list, but aesthetics and architectural style are important, too. The right roof materials and system for your home is one that balances these considerations. This is a three part blog that will discuss basic residential roofing considerations in Florida. Part I will discuss the basic components and types of roofs.

Jimerson Birr, P.A. Managing Partner Charles Jimerson comments on new developments in fake death case in the Jacksonville Business Journal.

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Florida law requires certain types of persons to be licensed in order to do business. Lawyers, realtors, and even construction contractors are among those professions regulated by specific licensing requirements. So, what happens when a party unknowingly contracts with a person who is required to be licensed but is not? The penalties for doing business without the proper licensing are harsh, and can even result in criminal charges and the return of all monies paid (known as disgorgement). This post explores certain remedies for engaging an unlicensed person or entity.