Blogs & Resources

Stop me if you have heard this one: An attorney receives a call from a desperate potential new client. Somehow the business transaction this international client was dealing with has hit an unexpected bump in the road, and because the client is dealing with an international business set here in the U.S., the situation now requires the fine eye of an experienced business litigation attorney. The company the new client claims he works for and the debtor checks out so the attorney draws up representation papers and accepts the new client. Within no time at all the client calls and informs his lawyer a settlement to be paid to the lawyer’s trust account within days. Time is of the essence, and the client convinces the lawyer it needs the money wired as soon as the lawyer receives the money order or cashier’s check.

Likely not; however, the Court’s recent decision leaves the issue open to interpretation.  On March 7, 2013 the Florida Supreme Court published an opinion limiting the Economic Loss Rule to products liability actions.  Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Companies, Inc., 38 Fla. L. Weekly S151a, WL 828003 […]

The depressed economy and housing market of the past several years has hit Florida’s timeshare industry especially hard. As unit owners become delinquent on their management fees and default on their payments, timeshare management associations find themselves in a credit crunch due to decreased revenues. Many associations are seeking ways to increase, or simply maintain, their revenue stream. If the association has the capacity and oversight capability, managing its own unit owner exchange program can be an excellent means of creating additional revenue.

Is a provision in a contract waiving a party’s right to file a bankruptcy action, or limiting that party’s rights in a future bankruptcy action, valid?  In short, it depends.  In general, contractual agreements which limit or deny a party’s ability to file a bankruptcy action have been held to […]

It is well known that lien laws vary greatly from state to state. While all states have codified their respective rules regulating the who, what, where, when and how of their states lien laws, it can be difficult for contractors, subcontractors and suppliers to keep track of the ever changing […]

Attorney Charles Jimerson shares his viewpoint with the Jacksonville Business Journal regarding Jacksonville’s economic recovery.

Featured in the February 2013 Issue Partner’s Perspective J&C Participates in Junior Achievement Bowl-A-Thon J&C Attorneys Named to Super Lawyers List New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

By: Charles B. Jimerson

Occasionally in litigating contract actions I will run into the laughable defense of “I didn’t read the contract, so therefore I shouldn’t be subject to it.” That is not a viable defense under Florida law. It is well settled Florida law that a party has a duty to learn and know the contents of a proposed contract before he signs it and therefore, one who signs a contract is presumed to know its contents. Wexler v. Rich, 80 So. 3d 1097 (Fla. 4th DCA 2012).

Homeowners’ Associations (HOAs) have remedies available, under Florida law, when its residents fail to pay their periodic HOA assessments in a timely manner. One such remedy is a statutory lien pursuant to Chapter 720, Florida Statutes. According to Florida law, when a community is subject to mandatory HOA fees, the HOA has the statutory authority to levy assessments and to secure its claim for any unpaid assessments by placing a lien on the debtor’s property within that community. Fla. Stat. § 720.3085(1).

In every bankruptcy action that is filed, a stay of any collection-type activities automatically comes into place for the duration of the pending action.  However, there are certain proceedings that are exempted from this automatic stay and allowed to proceed against the debtor during a pending bankruptcy action.  One such […]