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Florida’s Revised Limited Liability Company Act: Part II – Filing Statements of Authority

November 26, 2013 Professional Services Industry Legal Blog

This blog post is the second in a series of posts focusing on Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are a few significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post discusses the filing of the statement of authority, which the Revised Act allows pursuant to Section 605.0302, Florida Statutes.

Florida’s Revised Limited Liability Company Act: Part I – The two Acceptable LLC Management Structures

November 19, 2013 Professional Services Industry Legal Blog

This blog post is the first in a series of posts focusing on Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are a few significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post discusses the Revised Act’s elimination of the “managing member” concept for LLC management structures.

What’s in a Name? Or More Specifically…What’s in a Signature?

November 6, 2013 Professional Services Industry Legal Blog

It is common practice amongst practitioners in a contract dispute case to confirm the opposing party executed the essential documents to the transaction. Execution equals assent to the contract. But is the standard signature we think of, a cursive representation of our legal name, even necessary to create a contractual obligation? In reality, it is not. And lucky for us too because future generations may not even understand today’s concept of a signature.

Trial Tips: A Summary of the Best Litigation Related Articles of 2013

October 1, 2013 Professional Services Industry Legal Blog

Thanks to the omnipresence of the internet, there is no shortage of blogs or articles on nearly any and every topic imaginable. This may seem wonderful, but the problem then becomes not merely locating an article or blog, rather finding a good great article or blog. This can be especially true for attorneys. This blog post focuses on the Top 11 Litigation Articles from 2013.

Revitalizing Downtown Jacksonville: Fifty Years in the Making

September 24, 2013 Construction Industry Legal Blog, Governmental Entities Industry Legal Blog, Professional Services Industry Legal Blog

  The revitalization of Downtown Jacksonville has been at the top of the business, civic, and political agenda for the last fifty years, but with the recent creation of the Downtown Investment Authority (DIA) Board, the effort to revitalize Jacksonville’s Downtown may finally be gaining momentum.  To appreciate why the […]

You Have a Judgment and Want to Collect on It

September 4, 2013 Professional Services Industry Legal Blog

After a party obtains a judgment in a lawsuit, it may then be left trying to collect on it. Assuming the judgment is not paid, parties will likely engage in post-judgment discovery to locate assets and/or discover fraudulent transfers. Florida Statute § 56.29 provides judgment creditors with an expeditious remedy to both discover assets which may be subject to the judgment, as well as subject those assets to a speedy proceeding in the same court where the original judgment was obtained. Regent Bank v. Woodcox, 636 So. 2d 885, 886 (Fla. 4th DCA 1994).

August Lunch and Learn: Florida Elements of Common Business Litigation Claims

August 6, 2013 Presentations, Professional Services Industry Legal Blog

As part of our monthly professional development, each member of our firm is required to periodically present on items germane to our multi-faceted business litigation law practice. This month Law Clerk Austin Calhoun presented on elements to claims we frequently use or defend in our day in day out practice. Attached is the hard copy of the presentation with particular reverence to the sources in which he derived the information.

Florida’s Revised LLC Act and how it Affects Both new and Existing LLCs

July 8, 2013 Professional Services Industry Legal Blog

The Florida Revised Limited Liability Act (the “Act”), which will become Chapter 605 of the Florida Statutes, passed unanimously in both the Florida House and Senate. The Act is effective for every new Florida LLC formed on or after July 1, 2014. For existing LLCs, the Act becomes effective on an elective basis between July 1, 2014 and January 1, 2015 and becomes mandatory as to every Florida LLC on January 1, 2015. The question all Florida LLC members want to know is, “How will this new Act affect me and my business?”

Five Tricks to Finding and Executing on Hidden Assets

July 1, 2013 Professional Services Industry Legal Blog

So you finally, after months or years of litigation, obtained a massive judgment for your client. You sent written discovery, compelled return of the fact information sheet and even deposed the defendant. After all that hard work, it looks like you have come up with nothing to collect upon. But wait! Sometimes items you believe are not collectable are gems hiding in plain sight or items that logically should be there appear to be missing. Utilize these five tips when searching for assets and you may stumble upon something you would have previously overlooked.

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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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