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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: July 2015

Florida Condominium Association Obligation to Repair Windows

July 23, 2015 Community Association Industry Legal Blog

“Who is going to fix this?” and “Who is going to pay for this?” These are common questions facing unit owners and associations when condominium property needs repair. The answer will most likely be found in the condominium declarations, which typically describe the boundaries of each unit. But sometimes the declarations fail to adequately describe those boundaries; and the fine line delineating who is obligated to repair becomes indiscernible and worse, debatable. This is especially true when describing windows, doors, sliders and skylights in the associated with the condominium unit. Because the materials used are exposed to both the inside and outside of each unit; the condominium declarations must be very clear where the unit owner’s interest begins, and also where it ends. This post provides a brief overview of the Florida condominium association’s obligation to repair and maintain windows under Florida law.

Protecting Property Interests and Rights in Eminent Domain Actions and Government Takings: Part II

July 21, 2015 Construction Industry Legal Blog, Florida Eminent Domain Law Blog

This blog post is part II in a series of posts to assist private property owners with protecting their property interests and rights in eminent domain actions and government takings. Part I provided a general overview of eminent domain actions and the government’s ability to take private property for public use. Future posts in this series will provide further insight into various issues concerning eminent domain actions, such as maximizing just compensation and the ability to recover attorney’s fees. This post discusses Florida law on determining the allowable scope for the taking of private property by a government entity.

July 2015

July 21, 2015 In The News

The Jacksonville Business Journal reports on Jimerson Birr and the eight other companies named one of the 100 best companies to work for in Florida by Florida Trend magazine.

Right of Access – Abandoned Condominium Units in Florida

July 15, 2015 Community Association Industry Legal Blog

A Florida condominium association believes a unit is abandoned and is worried about the condition of the unit. The association also wants to collect assessments or rent but a there is a superior lienholder, like a first mortgage on the condominium unit. Section 718.111(5), Florida Statutes, provides Florida condominium associations some authority to inspect, maintain, and even lease the abandoned condominium unit.

An Overview of Florida Law on Punitive Damage Claims in Business or Commercial Litigation

July 13, 2015 Professional Services Industry Legal Blog

Whether you are a potential plaintiff or a potential defendant, in a business dispute, determining whether punitive damages can be successfully added to the claim is an important part of the legal analysis and should be considered as early in the process as possible. If you are a potential plaintiff, it is important to analyze whether a claim for punitive damages can be added. Successfully adding a claim for punitive damages will likely increase the potential value of the claim. If you are a potential defendant, it is important to understand whether a plaintiff can successfully move to add a claim for punitive damages based upon the causes of action pled.

Second Mortgages Cannot be Voided in Chapter 7 Bankruptcy Proceedings

July 8, 2015 Banking & Financial Services Industry Legal Blog

In a post-housing crisis economy, many homeowners, facing a plummet in home values, found themselves trapped in homes that are worth less than the amount they owe bank. Those homeowners have sought refuge in Chapter 7 bankruptcy proceedings, attempting to strip down the first mortgage and leaving many junior lienholders holding nothing but the bag—until now. In a big win for lenders, the U.S. Supreme Court recently ruled that a debtor in a Chapter 7 bankruptcy proceeding cannot void a second mortgage, when the debt owed on the first mortgage exceeds the current value of the collateral. See Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015). The decision reverses an interpretation of the Bankruptcy Code in Florida bankruptcy courts—an interpretation further affirmed by the Eleventh Circuit—which allowed a Chapter 7 debtor to strip off and void a mortgage lien that is wholly underwater.

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