Blogs & Resources

I recently came across a piece of information that I had never heard before in my last four years of litigating creditor’s rights cases. I have been advised that attorneys’ fees can never be granted on a Motion for Final Judgment after Default. Who knew? I have had hundreds of default judgments entered, nearly all of which included attorneys’ fees, without once being told that this practice was incorrect. So is it really incorrect?

Jacksonville, Fla. – November 5, 2012 – Attorney Charles Jimerson, managing shareholder of Jimerson & Cobb, P.A., has assumed the presidency for the First Coast Chapter ofthe Risk Management Association (RMA). His term will continue through the fall of 2013. The First Coast Chapter ofRMA will host events during the […]

Termination for Convenience clauses were first introduced during the American Civil War and were used in government contracts.  Such provisions in contracts with the Federal government allowed the government to terminate contracts related to military procurements that were no longer necessary as a result of changing technology or the cessation […]

Aside from foreclosing on a piece of real property, a Lender may utilize numerous other methods to recoup monies left unpaid on a mortgage note and to take control of a piece of property that may be losing value based on improper management.  In this first installment piece, we will […]

Attorneys are not only ethically, but lawfully obligated to keep certain divulged information confidential in furtherance of representing a client. However, issues may arise whereby certain documentation may need to be transmitted to a third party. For example, an attorney represents a homeowner’s association whose property management company is responsible for maintaining records including contracts and invoices. In the interest of acquiring discoverable records, the attorney must communicate with the management company and disclose otherwise privileged information. Is the attorney-client privilege waived if information crosses paths with the management company? The answer is no, based on a careful interpretation of the Florida statutes.

Under Florida law, it is better for an HOA to charge installment dues over the course of a year rather than allow for a lump sum payment at the beginning of each year. This is because post-petition debts, including post-petition HOA fees, are not dischargeable in a bankruptcy.

Charles Jimerson listed as “Jacksonville’s Top Lawyers” in the October 2012 issue of 904 Magazine.

Featured in the September 2012 Issue Partner’s Perspective J&C Shareholder Christopher Cobb Listed Among Top Attorneys in 904 Magazine J&C Shareholder Charles Jimerson Profiled in Realty/Builder Connection New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

For well over a century, Florida’s Constitution has made the homestead exempt from the claims of creditors. Public Health Trust v. Lopez, 531 So. 2d 946, 948 (Fla. 1988). Florida’s constitutional provisions provides one of the most debtor-friendly homestead exemptions in the country, and debtors are permitted to divert substantial assets to the purchase of new and extravagant homes that can be shielded from creditors. Florida’s Unlimited Homestead Exemption Does Have Some Limits: Part I, 77 Fla. Bar J. 60 (2003). There are, however, exceptions to the rule. This blog post will focus on one exception: the creditor’s ability to collect on homestead property located in a municipality that exceeds one-half acre.

Part II:  Contractor Defenses to Negligence Claims          Part I of this posting discussed various considerations with proving contractor negligence in Florida.  Part II of this posting will discuss defenses and hurdles in proving such negligence.  Just as the Plaintiff has the burden of proof on its negligence claim, the […]