Winning a judgment is a lot different than collecting on a judgment. A properly perfected judgment will create a lien against real property owned by the losing party (“judgment debtor”[1]) in the amount of the judgment. Section 55.10(1) of the Florida Statutes provides that when a certified copy of the […]
One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, […]
Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”. But as bad as those things sound, the reality is that most state […]
According to NOAA, Florida has over 8,400 hundred miles of coastline. That is second only to Alaska. Since 2000, 79 tropical or subtropical storms have impacted the state of Florida. Many of us cringe when we hear the names Floyd, Bonnie, Florence, Ivan, Dennis, Irma, Matthew and Michael. Collectively, these […]
Pursuant to Florida’s construction lien law, an owner of real property who contracts for improvements to the property is subject to construction liens against the property. However, the lien law is somewhat unique for commercial properties, as the commercial landlord and the tenant can both be considered owners of the […]
Florida’s Banking Statutes of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute makes it difficult for plaintiffs to maintain tort-based claims that might otherwise flow from the written loan documents. Typically, such claims involve oral promises pertaining to […]
This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act. The article examines what steps a furnisher of information, like a bank, credit union, or credit card company, should take when it receives a dispute. Finally, […]
Featured in the April 2019 Issue Partner’s Perspective: Mama’s, Don’t Let Your Babies Grow Up to be Cowboys Jimerson Birr hosts judicial panel Upcoming Jimerson Birr webinar on how to handle delinquent customers New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
A blog article co-wrote by Charles B. Jimerson and Austin B. Calhoun is published by Thomson Reuters in the Westlaw Journal: Bank & Lender Liability, Volume 24, Issue 25.
What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Florida Condominium associations deal with nuisance complaints on a regular basis. The challenge in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in […]