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Author: Jimerson Birr

March 2012

February 17, 2012 In The News

Charles Jimerson was quoted in a February 17th article in the Jacksonville Business Journal regarding the impact of a settlement agreement between the nation’s largest mortgage services.

Duval Ford v. Rogers: How a Merger Clause Backfired on a Car Dealer: Part 1 of 2

February 13, 2012 Professional Services Industry Legal Blog, Transportation & Logistics Industry Law Blog

Recently, a clause in an industry standard sales contract backfired, much to the dismay of the car dealer. In Duval Ford v. Rogers, 73 So. 3d 261 (Fla. 1st DCA June 21, 2011) a sophisticated car dealer’s Retail Buyer’s Order (“RBO”) was rendered unenforceable by the existence of a merger clause in their Retail Installment Sales Contract (“RISC”). Florida’s First District Court of Appeals held that the RISC was the entire contract, consistent with the merger clause. Therefore, the RBO was totally irrelevant. Irrelevant RBO’s will require substantial sales practices changes in the automotive industry.

Top Ten iPhone Apps for the Business World

February 6, 2012 Professional Services Industry Legal Blog

By Kristen Sinnott, Candidate for Juris Doctor 2013

If there is one thing most people can agree on, it would be the fact that Steve Jobs provided the business world with one of the greatest creations, an Apple iPhone. Whether you are an attorney, doctor, small business owner, or CEO of a Fortune-500 corporation, the iPhone can single handedly make your work day easier, more organized, and frankly, more entertaining. Millions of applications have been produced, and quite a few have received honorable mention from New York Times, Forbes and the bloggers of the world. For those of you who need on-the-go access to your files, presentations, inventory, and agendas while away from your desk, these ten apps are for you!

Navigating the Ins and Outs of Liquidating a Small Business Administration Loan

January 30, 2012 Banking & Financial Services Industry Legal Blog

The Small Business Administration (“SBA”) has been providing small businesses with loans since its creation in 1953.  Its mission statement is “…to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.”  It […]

Top 5 Things You Should Know About Florida’s Construction Defect Statute

January 16, 2012 Construction Industry Legal Blog

Chapter 558 of the Florida Statues, otherwise known as “Florida’s Construction Defect Statute” requires an owner to send a written notice to contractors, subcontractors, developers, suppliers and design professionals which identifies any construction or design defects associated with a construction project. Florida’s Construction Defect Statute is a complex web of […]

Liening on Your Contract

January 12, 2012 Construction Industry Legal Blog

Construction liens under Chapter 713, Florida Statutes are complex and require careful attention. A construction lien will can be imposed on real property for nonpayment of labor and/or materials provided in the improvement of that real property. Florida Statute § 713.01 defines a “contract” as an agreement for real property […]

Revisiting a Familiar Law School Hypothetical: Spouses Cannot Transfer Marital Homestead Without Spousal Permission

January 10, 2012 Real Estate Development, Sales and Leasing Industry Legal Blog

Recently, we encountered a case reminiscent of a typical law school real property class hypothetical. Our experience with its prosecution inspired me to write a refresher on the law in this area for our readers. Our experience confirmed how we likely stood up in class and answered as a 1L- one spouse cannot transfer ownership of the marital homestead away from the other spouse without notice and permission from both spouses.

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Charles B. Jimerson
Managing Partner

Nikos Westmoreland
Director of Business Development

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.

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