Blogs & Resources

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Condominium associations in Florida deal with nuisances on a regular basis, from sight, smell and sounds. The biggest problem in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in Black’s Law Dictionary as “a condition or situation that interferes with the use or enjoyment of property.” This definition is vague and leaves room for interpretation.

The recent amendments to the Federal Rules of Civil Procedure (the “FRCP”) became effective on December 1, 2015, and they govern all cases pending and commenced on and after that date. The changes impact several rules of the FRCP, including those governing early case management, the scope of discovery, and preservation of electronically stored information (“ESI”). These amendments will undoubtedly have an effect on civil litigation practice. Key changes were made to the overall scope of discovery in an effort to address the increasing costs and considerable expense of resources involved in the discovery process. This article focuses on the changes to the rules of discovery and how those changes may affect civil litigation practice.

Many new home purchases also include structural warranties, which, as the name suggests, provide warranty coverage for problems with the home’s structure, including walls, columns, framing, and roofing. These warranties often include arbitration clauses, which can have consequences for the homeowner’s legal strategy if he has to file suit to enforce his warranty claims.

Jacksonville, Fla. – February 10, 2016 – Jimerson & Cobb managing partner Charles Jimerson has been named to the Jacksonville Business Journal’s inaugural Ultimate Attorneys List. The list honors those who have elevated the legal profession and have helped shape Jacksonville’s business community. These men and women were selected, with […]

If you are considering bankruptcy for your insolvent business, an Assignment for the Benefit of Creditors (“ABC”) might be your answer. An ABC is a less expensive, quicker, quieter, and simpler alternative to traditional bankruptcy. An ABC is a state law procedure utilized to liquidate a failed, insolvent, or no longer viable business. Fla. Stat. § 727.101. An ABC is normally much simpler and usually less expensive than a comparable bankruptcy proceeding. This savings means larger payouts to both unsecured and secured creditors. This blog provides a general overview of the ABC process, and highlights a few benefits of ABC as compared to a Chapter 7 bankruptcy.

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial and that, if a party is victorious at trial, he automatically obtains or is provided with the award he was granted in court. For instance, if one party sues another for $1 million and prevails at trial, the thinking goes, then, upon conclusion of the trial, the other party just hands over the million dollars. Unfortunately, this is not the case.

Featured in the January 2016 Issue Partner’s Perspective: A Goal Without a Plan Is Just a Wish J&C Announces New Practice Areas J&C Welcomes New Associate: Adam B. Edgecombe Charles Jimerson Named to Inaugural Ultimate Attorney List New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to […]

Homeowners’ associations in Florida are governed by Florida Statute Chapter 720. This chapter of the Florida Statutes is known as the Homeowners’ Association Act. Florida Statute Section 720.3015. The statutory definition of a Florida homeowners’ association (“HOA”) is “a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel.” Florida Statute Section 720.301(9). An HOA does not include a community development district or other similar special taxing district created pursuant to statute. Florida Statute Section 720.301(9).

The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property. These latent construction defects can manifest themselves in a number of different ways, including but not limited to, water intrusion, peeling paint, staining, wood rot, cracking of stucco, concrete spalling, curling shingles, or cracking or separating sealant. Construction defects can also occur in other property that may be owned by a community association or a community development district (“CDD”), such as roads, pools, tennis courts, or other property commonly owned by the association or CDD.

Each year, children are injured or killed as a result of playground hazards, such as sharp edges, hot surfaces and surfacing, hard surfacing material, impacts from protrusions, poorly maintained equipment, or from head entrapments and entanglements. The United States Consumer Product Safety Commission estimates that more than 200,000 children each year are injured severely enough on playgrounds to necessitate a trip to a hospital. Also the Commission estimates that between 5 and 15 children die each year as a result of dangerous or defective playgrounds.