Author Archives: Charles B. Jimerson, Esq.
The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets. In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of … Read Full Post
The purpose of this article is to provide a general overview of Florida law on attorney’s fees and attorney’s fees multipliers. The breadth of this topic is such that a comprehensive review of all aspects of attorney’s fees is not … Read Full Post
Floridians have a clear right to public records. When agencies prevent someone from accessing public records, the person making the request is allowed to hire an attorney without worrying about the costs involved. The agency will have to reimburse parties for their attorney’s fees and costs incurred in exercising their constitutional right. Read Full Post
Are attorney’s fees awarded for dismissed involuntary bankruptcy petitions subject to being set off by the underlying judgment?
Sometimes a creditor is bold enough to place a debtor into involuntary bankruptcy in an attempt to recover an outstanding debt. In general, most petitions are accepted as a proper filing. Read Full Post
Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) provides creditors with various remedies. See Charles B. Jimerson’s blog post on the various remedies under FUFTA, Remedies for Creditors Under FUFTA Chapter 726 – Part I: Who May Be Liable. However, while FUFTA … Read Full Post
Before filing an eminent domain lawsuit against a property owner, Florida law requires the government or the condemning authority to conduct very specific procedures. These special procedures and considerations are designed to ensure that the taking of any property is valid and that the property owners are given a fair opportunity to resolve the issues with the government before the suit is filed. It is critical for property owners to understand their pre-suit rights throughout this process to obtain full and fair compensation for any taking of their property. Read Full Post
In a perfect world, all loans would be performing, and the lead bank and participant would share in the profits of a loan participation with minimal risk of loss. In the real world, a promising participation loan easily becomes a problem loan, and the lead bank and participant bank can find themselves embroiled in litigation against each other. Such litigation puts a substantial strain on the lead bank’s resources to enforce the loan documents against the defaulted debtor, at a time when the parties should be sharing resources for loss mitigation. One common reason a participant may sue a lead bank after borrower default is based upon the participant’s assessment of collectability. If the participant determines that the collateral is worthless or the borrower is otherwise judgment-proof, the participant may look to the lead bank to recover its share of participation in the failed loan. Read Full Post
Recovery of Attorneys’ Fees – Part III: Common Law Exceptions that Provide for the Recovery of Attorneys’ Fees
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. Read Full Post
Recovery of Attorneys’ Fees – Part II: Key Considerations in Statutory Entitlement to Attorneys’ Fees
This blog post is part II 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. This second post in the series discusses those scenarios where a Florida state statute entitles litigants to reimbursement of prevailing party attorney’s fees. Read Full Post
For both client and attorney, there is nothing better than a sweet victory in litigation. However, this victory may be bittersweet if there is no recovery of attorneys’ fees. This blog post is one out of a series of blog posts that will discuss the recovery of attorneys’ fees and issues related to recovery. Specifically, this blog post will discuss contractual entitlement to attorneys’ fees. Read Full Post