It is standard practice among attorneys practicing in Florida to sign the affidavit in opposition to a claim of exemption from garnishment on behalf of their clients. A case recently decided in South Florida has effectively changed the ability of attorneys to continue with such a practice. Now, a very […]
Florida’s lien law is an especially draconian area of the law. Filing a lien is an invaluable tool to help you as a contractor, sub-contractor or materialman get paid on a construction job. It can also get you into trouble unless the statute is strictly followed. Legislative amendments have softened the blow of fraudulent lien claims, but the statutes still carries heavy penalties
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.