Blogs & Resources

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!

The Small Business Administration (“SBA”) has been providing small businesses with loans since its creation in 1953.  Its mission statement is “…to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.”  It […]

Featured in the January 2012 Issue Partner’s Perspective New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Chapter 558 of the Florida Statues, otherwise known as “Florida’s Construction Defect Statute” requires an owner to send a written notice to contractors, subcontractors, developers, suppliers and design professionals which identifies any construction or design defects associated with a construction project. Florida’s Construction Defect Statute is a complex web of […]

Construction liens under Chapter 713, Florida Statutes are complex and require careful attention. A construction lien will can be imposed on real property for nonpayment of labor and/or materials provided in the improvement of that real property. Florida Statute § 713.01 defines a “contract” as an agreement for real property […]

Recently, we encountered a case reminiscent of a typical law school real property class hypothetical. Our experience with its prosecution inspired me to write a refresher on the law in this area for our readers. Our experience confirmed how we likely stood up in class and answered as a 1L- one spouse cannot transfer ownership of the marital homestead away from the other spouse without notice and permission from both spouses.

By Austin Calhoun, J.D. 2013

It takes on average 600 days for a party to litigate a foreclosure through trial in Florida. Successful summary judgment motion practice may squeeze that time down to as little as 180 days. Even better, under the proper conditions, a diligent plaintiff can shorten foreclosure time down to less than 60 days by properly utilizing Florida Statute 702.10. If you’re interested in bypassing the foreclosure log-jam to obtain a speedy foreclosure – read on.

Featured in the December 2011 Issue Partner’s Perspective J&C Case Receives National Attention New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Jacksonville, Fla. – December 23, 2011 – The law firm of Jimerson & Cobb, P.A. has filed suit on behalf of a class of shareholders against Winn-Dixie and its Board of Directors stemming from the proposed sale to Bi-Lo, LLC. The class action lawsuit alleges that Winn-Dixie and its Board […]