Jacksonville, Fla. – June 22, 2016 – The law firm of Jimerson & Cobb, P.A., is home to five partners receiving recognition from Florida Super Lawyers Magazine. Attorneys Charles Jimerson, Christopher Cobb and James O. “Joby” Birr were named 2016 Super Lawyers. Partner Brent Zimmerman was named a 2016 Rising […]
In 2014 the Florida Condominium Act (the “Act”) was amended to make it easier for Condominium Associations to recover past-due assessments from third-party purchasers at a mortgage foreclosure sale. The longstanding Florida law is that a condo unit owner is jointly and severally liable with the prior unit owner for […]
The Florida Homeowners’ Construction Recovery Fund was created under Chapter 489, Florida Statutes as a separate account in the Professional Regulation Trust Fund. The recovery fund is funded pursuant to s. 468.631. Its purpose is to provide relief for Florida homeowners who have been harmed by Florida licensed contractors. For more information on the creation and operation of the Recovery Fund, please see my blog post of September 2014. This post will discuss recent legislative changes to the Recovery Fund which expands homeowner recovery to Division II contractors.
When negotiating and drafting a contract on behalf of a business, one of the most important considerations is whether it will create personal liability for the individual signing on behalf of the business.
Bar Bulletin: Opposing counsel who can get along this summer can earn a free drink from Charles B. Jimerson.
This blog post is part IV in a series of posts providing an overview of important considerations for commercial lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Part II discussed the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees. Part III focused on the tenant’s remedies, claims and defenses when a landlord breaches the commercial lease agreement. This fourth and final post in this series will discuss the landlord’s remedies, claims and defenses for breaches by the tenant.
This blog post is part III in a series of blogs posts discussing the recovery of attorneys’ fees. Part I explored some considerations in the recovery of attorneys’ fees when the recovery is by virtue of a contractual provision. Part II discussed the statutory entitlement to fees and issues related to entitlement. This blog post will discuss common law exceptions to the general rule that generally requires a contractual or statutory basis for the recovery of attorneys’ fees. Specifically, this blog post will discuss four general common law exceptions that may provide a basis for the recovery of attorneys’ fees: (1) wrongful act doctrine; (2) inequitable conduct doctrine; (3) creation of a common fund; and (4) attempt to preserve assets in a trust.
Many vendors have had the unfortunate experience of a customer filing for bankruptcy. If it hasn’t happened to you yet, it probably will at some point in the future. There are certain steps a vendor should (or must) take to protect itself and maximize its opportunity to collect any debts owed by the customer. Vendors that take advantage of these protections can maximize recoveries, better preserve their positions in their dealings with the debtor, and avoid pitfalls inherent in the bankruptcy process. Vendors, and their attorneys, should use this checklist and take immediate action when a customer files for bankruptcy.
Featured in the May 2016 Issue Partner’s Perspective: Putting Things in Perspective: How a Son Survived Being Injected with HIV by His Father J&C Welcomes New Associate: Suzanne H. Clark J&C Participates in YMCA’s First Coast Games New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to […]
If an LLC sustains a loss that causes the company to lose value, its members are never pleased. However, that loss is compounded when that member believes the loss was due to the tortious conduct of another LLC member. This scenario presents an interesting, and increasingly frequent, issue of Florida law: when does a member of an LLC have individual standing to bring suit against fellow members— i.e. a direct action—as opposed to having to file a derivative claim on behalf of the LLC?