Beware of Unethical Contractors

The eve of hurricane Irma's arrival and destruction is a good time to remind folks to beware of shady contractors. Several adjectives describe them: incompetent, dishonest, unethical. Most of us do not have the necessary experience to distinguish between good and bad contractors, which provides unscrupulous contractors--and unlicensed people posing as contractors--the opportunity to [...]

By | 2017-09-09T20:13:01+00:00 September 9th, 2017|Commentary|Comments Off on Beware of Unethical Contractors

Ethics Committee Considers Litigation Cost Protection Insurance

During the 2017 annual meeting of The Florida Bar, the Professional Ethics Committee began considering whether litigation cost protection insurance coverage may be considered an expense of litigation to be borne by the client. After robust discussion the Committee voted to refer the matter to a special subcommittee because the Committee's decision will be [...]

By | 2017-06-27T13:19:49+00:00 June 27th, 2017|Uncategorized|Comments Off on Ethics Committee Considers Litigation Cost Protection Insurance

Moving to Dismiss Is Not the Same as Moving to Compel Arbitration

Florida’s Third District Court of Appeal ruled this week that it had no jurisdiction (authority) to consider a trial court order refusing to dismiss a lawsuit despite the parties’ agreement to arbitrate. The court dismissed the appeal. At first blush the outcome seems to have rewritten the parties’ agreement to arbitrate, but closer reading of the court's [...]

By | 2017-06-08T14:19:03+00:00 June 8th, 2017|Case Law|Comments Off on Moving to Dismiss Is Not the Same as Moving to Compel Arbitration

Professional Responsibility Meets Technological Competence

During a continuing legal education program sponsored earlier this month by the Florida Bar's Appellate Practice Section, I addressed the topic of technological competence.  In addition to touching on technology appellate practitioners must use under applicable rules of court,  I walked through the relatively recent amendments to the Rules Regulating The Florida Bar that make [...]

By | 2017-05-22T18:50:19+00:00 May 22nd, 2017|Commentary, Law-Related News, Professionalism & Ethics|Comments Off on Professional Responsibility Meets Technological Competence

Federal Court of Appeals Asks Florida Supreme Court for Clarification of State Law Concerning Statute of Limitations Governing Post-Judgment Discovery

The Eleventh Circuit Court of Appeals has asked the Florida Supreme Court to  clarify which Florida statute establishes the limitations period for an action to enforce a judgment brought in the federal district court located in Florida. This question certified in Salinas v. Ramsey, No. 16-10552 (11th Cir. May 2, 2017) is: What limitations period, if any, [...]

By | 2017-05-08T14:46:07+00:00 May 8th, 2017|Case Law|Comments Off on Federal Court of Appeals Asks Florida Supreme Court for Clarification of State Law Concerning Statute of Limitations Governing Post-Judgment Discovery

Florida Supreme Court Addresses Unaccompanied Minors

Quashing In re B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015), the Florida Supreme Court determined in a 4-3 decision, with two of the majority specially concurring, that a child's goal of obtaining Special Immigrant Juvenile Status under federal law is not a basis for summarily dismissing a dependency petition under state law. [...]

By | 2017-04-20T11:08:56+00:00 April 20th, 2017|Case Law, Law-Related News|Comments Off on Florida Supreme Court Addresses Unaccompanied Minors

Constitution Revision Commission Begins Public Hearings

I cannot overemphasize the significance and power of the Florida Constitution Revision Commission. It can initiate fundamental restructuring of state government and, in the process, deal far-reaching setbacks to the integrity of the judicial branch (court system) and to individual rights. Watch for public hearings in your area, attend, and speak up. You are the best [...]

By | 2017-04-11T02:59:25+00:00 March 22nd, 2017|Commentary, Law-Related News, Uncategorized|Comments Off on Constitution Revision Commission Begins Public Hearings

Conflict Over Stays and Bond Amounts Under Rule 9.310

Silver Beach Towers Property Owners Association, Inc. v. Silver Beach Investments of Destin, L.C., No. 1D16-4555, 42 Fla. L. Weekly D442c (Fla 1st DCA February 21, 2017) involved a judgment awarding $1,827,372.18 plus pre-judgment interest of $292,497.34. The trial court granted a stay of execution conditioned on the posting of only a $175,000 bond. The holders of the judgment argued [...]

By | 2017-04-11T02:59:32+00:00 March 3rd, 2017|Case Law, Uncategorized|Comments Off on Conflict Over Stays and Bond Amounts Under Rule 9.310

Tom Quoted as a “Pro Bono Pro”

The March 2017 of The Florida Bar Journal features several stories about the significant pro bono work lawyers do. Read about Tom's pro bono contributions in The Pro Bono Pros: And How You Can Become One and Hamilton’s Final Act Leaves a Legacy in Florida Law.

By | 2017-04-11T02:59:39+00:00 February 25th, 2017|Commentary, Law-Related News, Uncategorized|Comments Off on Tom Quoted as a “Pro Bono Pro”

Fourth DCA Addresses Browsewrap Arbitration Agreements

Web-based sales businesses and the attorneys advising them should be aware of the Florida Fourth District Court of Appeal's decision in Vitacost.com, Inc. v. McCants, No. 4D16-3384 (Fla. 4th DCA Feb. 15, 2016). Although arbitration agreements are favored and normally enforced, a different analysis applies to agreements formed through internet "browsewrap" agreements. In Vitacost, the [...]

By | 2017-04-11T03:00:36+00:00 February 21st, 2017|Case Law, Uncategorized|Comments Off on Fourth DCA Addresses Browsewrap Arbitration Agreements