Blogs & Resources

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 […]

In a Jacksonville Business Journal article titled, “Body Central shareholder files suit over stock plunge,” Charles Jimerson was asked to comment on the case.

It is well known that Offers of Judgment and Florida Courts’ interpretations of the Statute and Rule governing them are continually changing. Certainly Florida Rule of Civil Procedure 1.442 and Florida Statute § 768.79 provide the requirements for the form, language, method and timing of service of an Offer of […]

Jimerson Birr managing partner Charles Jimerson was profiled in this month’s featured section of Realty/Builder Connection in last week’s issue of the Jacksonville Business Journal.

What do you think when you hear the word “e-discovery”?  If you are thinking about CD copies of printed PDF documents and web site screen shots, you have a lot to learn.  There is so much more a simple document can tell you when you obtain it in its native format […]

Featured in the August 2012 Issue Partner’s Perspective J&C Shareholders Appointed to Leadership of JBA Construction Law Committee J&C Continues “Lunch and Learn” Program for its Attorneys and Staff New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Part I:  Elements and Duty Construction defects are a problem in Florida.  In an environment that is hot, humid, and stormy, defective construction is magnified often causing damaging water leaks, harmful mold intrusion and amongst other things, a serious disruption to our everyday lives.  Typical sources of water intrusion are […]

In a standard foreclosure action, the lienholder with a first position of priority files suit to foreclose out all junior lienholders and recover the outstanding balance on a promissory note secured by the mortgage.  But what happens when a junior lienholder decides to foreclose on its lien?  The scenario is […]

In preparation for trial, expert witnesses are often retained and briefed based upon reports and documents provided to them from counsel. Two types of work product may be used to prepare documents and internal memorandum which are subsequently given to an expert witness: 1) fact work product, and 2) opinion work product. If memorandum prepared by a law firm in anticipation of litigation contains the attorney’s opinions relating to potential theories of liabilities, references to the expert’s opinions, and factual summaries of his client’s records, the attorney’s personal notes and records about the proposed arguments constitute protected work product. Whealton v. Marshall, et al., 631 So. 2d 323, 325 (Fla. 4th DCA 1994) (holding the law firm’s internal memorandum used in preparation for litigation were not discoverable work product).