Author Archives: Charles B. Jimerson, Esq.

How do I get my attorney’s fees paid for on Florida public records requests?

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

CATEGORY: Florida Business Litigation Blog Practice Areas:

An article every land owner should read to avoid getting sideways with their contractor

The last place land owners who have hired contractors want to end up is in court. Fortunately, most construction projects do not result in litigation. However, for the ones that do, it can be a costly and stressful ordeal. What follows are ten points that all Florida land owners should keep in mind to avoid getting sideways with their contractor. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Are mineral and subsurface rights subject to eminent domain governmental condemnation in Florida?

Many times, mineral and subsurface rights are more valuable than the land or buildings that sit on top of them. Florida landowners facing eminent domain governmental condemnation must be compensated for the full extent of their ownership, including mineral and subsurface rights. Read Full Post

CATEGORY: Florida Eminent Domain Law Blog Practice Areas:

The Psychology of Conducting a Successful Mediation that Doesn’t Create Settlement Regret

Due to the adversarial nature of litigation, settling a case at mediation can often be a daunting task.  Hence, the common expression of a “good settlement is one where both sides are unhappy.”  Emotions run high on both sides.  Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Are installed fixtures subject to eminent domain governmental condemnation in Florida?

Property owners often install fixtures to their land without knowing that their land will one day be seized through eminent domain governmental condemnation. In Florida, property owners must be compensated for everything that is seized through eminent domain, including installed fixtures. Read Full Post

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It’s not over until it’s over: In Florida, the foreign corporation can be served through the registered agent until the corporation has physically received the certificate of withdrawal

To bring a suit against a foreign corporation, or anyone for that matter, the court must be a “proper venue” for the suit. Essentially, just because a state has jurisdiction does not mean that a plaintiff can pick whichever court he wants. Without a proper venue, the lawsuit cannot proceed. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Florida’s Economic Loss Rule in Construction Litigation

The importance of the economic loss rule in construction law cannot be overstated. If a construction project goes south, the economic loss rule allows construction law attorneys to identify which parties to the project can bring what types of claims … Read Full Post

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Establishing and Defending Attacks on Personal Jurisdiction in Florida

When an out-of-state defendant gets slapped with a summons from a Florida court with an order to appear and defend a lawsuit, the defendant may have questions (among other things, to say the least). Specifically, the defendant will not only … Read Full Post

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Obtaining Fair Value for Buyouts in Close Corporations

Minority shareholders in a closely held corporation can find themselves in a difficult position if the majority shareholder engages in oppressive, fraudulent, or illegal conduct. Read Full Post

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Florida Takes First Step in Curbing Frivolous ADA Lawsuits by Allowing ADA Qualified Expert Reporting

The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is … Read Full Post

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