Generally speaking, a “Notice to Owner” is a statutorily required notice which lets Owners of construction projects know who is working on the project. It is effectively just that….a Notice to the Owner. The Notice is required by Florida’s Construction Lien Law and must contain certain warning language, the Owner’s […]
It is common knowledge in the legal community that the Statute of Frauds can preclude recovery on an action for breach of contract. However, claims for breach of contract are typically accompanied by some alternative claim should the court find that the contract was unenforceable, such as restitution or quantum meruit. That begs the question of whether the Statute of Frauds would apply to such an alternative claim not based on the purported contract.
The trend in Florida over the last thirty years has been changing from simple static interest rates for judgments entered in this state towards a more complex variable rate. A recent amendment to the state law dictating statutory interest rates has many wondering what prompted such a drastic change to the norm. Now, instead of the statutory interest rate changing once per year it will change four times per year. Further, the rate of interest on a judgment is no longer established by the rate at the time it was entered. It appears that the trend in Florida is now shifting away from the simplicity it once knew.
Featured in the May/June 2011 Issue Partner’s Perspective Attorney Charles B. Jimerson Named Florida Trend’s Legal Elite Up and Comer New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
Proposals for settlement are a very effective tool to bring contested litigation to a mutually agreeable resolution. If utilized by a Plaintiff, it can create a fee mechanism where a basis may not otherwise exist. When a plaintiff is considering a proposal for settlement, there are specific procedures which must be followed in order for the proposal to be valid and enforceable if accepted. If the proposal is not accepted by the defendant and the procedure is followed correctly, a plaintiff may still be able to secure attorneys’ fees and costs associated with the litigation thereafter.
Jacksonville, Fla. – June 15, 2011 – For the second year in a row, managing shareholder Charles B. Jimerson was named a Florida Trend Legal Elite Up and Comer, a designation that names the top lawyers in the state under the age of 40 or in practice fewer than 10 […]
When the economy begins to slow, consumers often begin to fall behind in payments and businesses commonly turn to debt collection agencies, or attorneys, to obtain payment on past due invoices. While this is an unfortunate circumstance, both for creditors and debtors, it can be made much worse through abusive collection practices and FDCPA violations.
Many people believe that by virtue of holding ownership of a property, the owner may convey the property as they wish. This is not always the case when an individual is married. A home may be owned by only one spouse. The owner of the home may choose to sell or convey the marital home to another individual, without the consent of his or her spouse. In situations such as these, the spouse who failed to give consent, or the “non-joined” spouse, may have a claim invalidating the conveyance through claiming the homestead exemption.
Many individuals and companies don’t read their insurance policies until an event has occurred and they need to recover for losses under the policy. Sometimes, an individual or company will file a claim with their insurance company, only to be rejected coverage due to an exclusionary provision.