Some might say it is logical to think that if a complaint is dismissed with leave to amend within a prescribed time period that, should counsel fail to file an amendment, the case would automatically become dismissed with prejudice. This is not the case under Florida law. In fact, in […]
Featured in the March 2012 Issue Partner’s Perspective J&C Managing Attorney Achieves Prestigious Peer Rating Support Upcoming Junior Achievement Lawyers’ Bowl-A-Thon New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
The 2010 edition of the Florida Building Code took effect March 15, 2012. Generally, the most significant changes were to wind load design and construction. Recent studies have confirmed what everyone in the state suspected: South Florida gets more hurricanes. Specifically, the most changes were those dealing with wind design […]
A recent conversation with another civil litigation attorney about a hearing on attorney’s fees prompted me to remember the good old days of law school when I first learned about pleadings. I realized that, had I not had newly sworn in criminal Judge Tyrie Boyer as a professor of Florida […]
By Austin Calhoun, J.D. 2013
In a construction delay claim, the contractor has the burden to prove that the offending party’s actions affected activities on the critical path of the contractor’s performance of the contract. George Sollitt Const. Co. v. U.S., 64 Fed.Cl. 229 (Fed.Cl. 2005). To meet this burden, a contractor must initially establish the as-planned critical path. Moreover, the critical path needs to be diligently updated to adapt to the evolution of the construction project as it is actually built. Critical Path Method (CPM) schedules are the most often used and preferred way to create and document the critical path. See Id.
Expert discovery has just been served by opposing counsel and your retained expert provides you with a copy of his file, including all documents he has reviewed in the matter, as requested. Your heart skips a beat as you discover several privileged documents have been provided to your expert throughout […]
Featured in the February 2012 Issue Partner’s Perspective Jimerson and Cobb Named 2012 Super Lawyers Rising Stars New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
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.
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.
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!