Professional Services Industry Legal Blog

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!

It is standard practice among attorneys practicing in Florida to sign the affidavit in opposition to a claim of exemption from garnishment on behalf of their clients.  A case recently decided in South Florida has effectively changed the ability of attorneys to continue with such a practice.  Now, a very […]

It is common knowledge in the legal community that the Statute of Frauds can preclude recovery on an action for breach of contract. However, claims for breach of contract are typically accompanied by some alternative claim should the court find that the contract was unenforceable, such as restitution or quantum meruit. That begs the question of whether the Statute of Frauds would apply to such an alternative claim not based on the purported contract.

The trend in Florida over the last thirty years has been changing from simple static interest rates for judgments entered in this state towards a more complex variable rate. A recent amendment to the state law dictating statutory interest rates has many wondering what prompted such a drastic change to the norm. Now, instead of the statutory interest rate changing once per year it will change four times per year. Further, the rate of interest on a judgment is no longer established by the rate at the time it was entered. It appears that the trend in Florida is now shifting away from the simplicity it once knew.

Proposals for settlement are a very effective tool to bring contested litigation to a mutually agreeable resolution. If utilized by a Plaintiff, it can create a fee mechanism where a basis may not otherwise exist. When a plaintiff is considering a proposal for settlement, there are specific procedures which must be followed in order for the proposal to be valid and enforceable if accepted. If the proposal is not accepted by the defendant and the procedure is followed correctly, a plaintiff may still be able to secure attorneys’ fees and costs associated with the litigation thereafter.

When the economy begins to slow, consumers often begin to fall behind in payments and businesses commonly turn to debt collection agencies, or attorneys, to obtain payment on past due invoices. While this is an unfortunate circumstance, both for creditors and debtors, it can be made much worse through abusive collection practices and FDCPA violations.

By: James D. Stone, III, Esq.

So you have made the decision to go through with a law suit against an individual or entity debtor that owes you money and are ready to effectuate service of process. But what happens when the debtor does not reside in Florida or is concealing its where abouts? Generally, Florida law requires that process be served personally upon a person. Fla. Stat. § 48.031(1)(a) (2008). However in some limited circumstances, Florida law permits service of process by substitute methods of service. These alternate methods of service are especially implicated in situations where attempts to locate a defendant fail. One of these methods is service upon the Secretary of State of Florida. However, this method of service is limited to specific circumstances defined by statute. To read more click the title. . .

By Harry M. Wilson, IV Esq.
It almost goes without saying, but lawyers should go the extra mile to double check the background of potential clients who come to the firm solely via email. As we’ve learned from personal experience, there are con artists afoot who would use lawyers to perpetrate their, albeit clumsy, frauds. Recently, our firm was contacted twice by imposters posing as potential clients.

To do business in modern America, one almost necessarily has to engage in interstate commerce. In a city like Jacksonville, with its proximity to the Florida-Georgia border, one can easily see how anything from the sale of an automobile, to the award of a subcontract, or the hiring of an employee, could involve potential litigants from different states. If a dispute arises out of such an interstate transaction and litigation is eminent, an important question is what is the appropriate forum to file the complaint?

Assuming the plaintiff is a Florida corporation, the question of whether the complaint can be filed in Florida court hinges on the State’s power to enforce a judgment against the defendant. A state’s power to adjudicate a claim and enforce the judgment is limited by the due process clauses of the United States Constitution and by precedent. The test to determine if a state court has the power to enforce judgment over an out of state defendant corporation asks whether the defendant has certain minimum contacts with the forum state so that the suit does not offend “traditional notions of fair play and substantial justice.” International Shoe Co. v. State of Wash., Office of Unemployment and Compensation, 326 U.S. 310,316 (1945).

By: Harry M. Wilson, IV, Esq. and James D. Stone, III
Everyone knows that economic times are hard right now. Collection lawsuits are on the rise and, as a result, courts are issuing more judgments. A judgment may be just a piece of paper but it transforms a “Plaintiff” into a “judgment creditor” with unique powers to try to collect the debt he or she is owed.