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Author: Jimerson Birr

October 2015

October 29, 2015 In The News

Jimerson Birr profiled by the Florida Times-Union in an article highlighting the firm’s distinction as one of Florida’s “Best Companies to Work For” and its commitment to putting employees first.

Protecting Property Interests and Rights in Eminent Domain Actions and Government Takings: Part V

October 22, 2015 Construction Industry Legal Blog, Florida Eminent Domain Law Blog

This blog post is part V in a series of posts to assist private property owners with protecting their property interests and rights in eminent domain actions and government takings. Part I provided a general overview of eminent domain and the government’s ability to take private property for public use. Part II discussed Florida law on the allowable scope for the taking of private property, which is determined by the element of reasonable necessity. Part III addressed regulatory takings, and Part IV explained how “just compensation” is determined. The fifth and final addition to this series concerns a property owner’s entitlement to attorney’s fees in eminent domain proceedings.

Riparian Rights in Florida: The Right to a Waterfront View

September 28, 2015 Community Association Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

In Florida, one of the most attractive and desirable features of waterfront property is the incredible view. Concerning waterfront property ownership, it can be difficult to distinguish where your private land rights cease, where your neighbor’s private land rights begin, and the rights of the State with sovereign submerged land […]

Recovery of Attorneys’ Fees – Part I: Key Considerations in Attorneys’ Fee Provisions of Contracts

September 14, 2015 Professional Services Industry Legal Blog

For both client and attorney, there is nothing better than a sweet victory in litigation. However, this victory may be bittersweet if there is no recovery of attorneys’ fees. This blog post is one out of a series of blog posts that will discuss the recovery of attorneys’ fees and issues related to recovery. Specifically, this blog post will discuss contractual entitlement to attorneys’ fees.

Pleading The Fifth Amendment Against Self-Incrimination In Civil Cases Filed In Florida

September 10, 2015 Professional Services Industry Legal Blog

Does a party in a civil dispute have the right to raise the Fifth Amendment Privilege against self-incrimination? Yes. De Lisi v. Bankers Ins. Co., 436 So.2d 1099 (Fla. 4th DCA 1983). Does the privilege extend to production of documents or just testimony? The privilege only extends to the production of documents unless the production itself is testimonial in nature. Briggs v. Salcines, 392 So.2d 263 (Fla. 2d DCA 1980) (“It then held that while the Fifth Amendment privilege against self-incrimination affords no protection to the contents of previously prepared documents, it does protect a person from producing documents under subpoena where the compelled production would amount to a forced testimonial communication which would be incriminating.”); see also, Fisher v. United States, 96 S. Ct. 1569 (1976). Whether the act of production is testimonial or not can be a complicated analysis. Essentially, if the government were to already know of the existence of documents and the location of such documents then production is not testimonial because the act of producing will not authenticate such documents or otherwise verify the existence of incriminating information.

Protecting Property Interests and Rights in Eminent Domain Actions and Government Takings: Part IV

September 8, 2015 Construction Industry Legal Blog, Florida Eminent Domain Law Blog

This blog post is part IV in a series of posts to assist private property owners with protecting their property interests and rights in eminent domain actions and government takings. Part I provided a general overview of eminent domain and the government’s ability to take private property for public use. Part II discussed Florida law on the allowable scope for the taking of private property, which is determined by the element of reasonable necessity. Part III addressed regulatory takings. This post will discuss “just compensation” and how it is determined.

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Charles B. Jimerson
Managing Partner

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

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