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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: December 2015

Condominium Association Recovery of Attorneys’ Fees in Florida

December 29, 2015 Community Association Industry Legal Blog

When deciding whether to pursue legal action, a condominium association board of directors may ask “can we recover the attorneys’ fees?” The good news for associations is that Florida Statutes and the governing documents of the community provide entitlement to the recovery of attorneys’ fees in many legal actions. The bad news is that this recovery is not without limitation. This blog will explore limitations on the recovery of attorneys’ fees and the provisions that may be important to include in the governing documents for the community.

Eminent Domain and Attorneys’ Fees: The Case for Excessive Litigation

December 10, 2015 Professional Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

In Florida, recovery of attorneys’ fees in eminent domain and inverse condemnation proceedings is governed by Sections 73.091 and 73.092 of the Florida Statutes. Section 73.092 provides a mechanism for determining an award of attorney fees, based on the “benefits achieved for the client.” But, what if the state agency/condemning authority excessively litigated the case, such that the formulaic computation under that statute was unfair to the property owner? A recent Florida Supreme Court case addressed this issue. Joseph B. Doerr Trust v. Central Florida Expressway Authority.

The Independent Tort Doctrine: Post Tiara Condominium

December 8, 2015 Professional Services Industry Legal Blog

When the Florida Supreme Court wrote the Tiara Condominium opinion the legal community was unsure what the opinion meant. Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc,., 110 So.3d 399 (Fla. 2013). The opinion clearly states that the economic loss doctrine is applicable only in the context of premises liability cases. However, did Tiara Condominium also eliminate the contractual privity economic loss rule, which was sometimes referred to as the independent tort doctrine? There still is not absolute clarity on this topic but the reasoned decision is that the independent tort doctrine preceded the economic loss rule and is not abolished by Tiara Condominium.

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