Archive for 2014:

CLLA Southern Region Marketing Conference

The Commercial Law League of America will be holding their Southern Region Marketing Conference in Tampa, Florida in February, 2015. To see more details follow the link – http://www.clla.org/events/default.cfm?action=event_details&event=300

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Disinterested Appraiser

A recent Florida 5th DCA case examined the issue can a party’s own attorney serve as a disinterested appraiser?  The Court answered the question in the negative, stating ‘if an appraiser owes his nominating party a fiduciary duty of loyalty or a confidential relationship, as do attorneys, then the existence of such a relationship between a […]

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Guide to Disputing Errors on Credit Reports

We have all been there. You try to purchase a new car, house or apply for a new bank loan when unbeknownst to you something shows up on your credit report which is incorrect.   The discrepancy can take the form of any number of issues whether it is from a past debt listed incorrectly, a […]

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Bankruptcy Exemptions and Inherited IRAs

When a person files for bankruptcy he/she may exempt certain assets from the bankruptcy estate, including retirement funds (i.e. IRAs) under 11 USC 522(b)(3)(C).  However, in Clark v. Rameker, 134 S.Ct. 2242, the Supreme Court ruled that inherited IRAs do not qualify as retirement funds under that exemption.  The SC focused on three legal characteristics: […]

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Florida’s Legal Landscape

A recent article in the Tampa Bay Times examines the current state of Florida’s legal landscape as well as the projected future.  Below is an excerpt from the article; to view the entire text, please click the following link: http://www.tampabay.com/news/business/floridas-swollen-ranks-of-lawyers-scrap-for-piece-of-a-shrinking-legal-pie/2190047 Ask Jason Fraser how many jobs he applied for after graduating from law school last […]

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U.S. District Court for the S.D. of Florida Dismisses FHA Claims Against the City of Miami

The U.S. District Court for the Southern District of Florida recently dismissed three Fair Housing Act claims against the City of Miami in Case Numbers 13-cv-24506, 13-cv-24508 and 13-cv-24510. In each of the three cases the plaintiff alleged predatory lending policies in minority communities. However, in each of the three cases the Court found that […]

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Osceola Parkway Expansion Leads to Possible Eminent Domain Issues

Residents along the border of Osceola and Orange Counties may be displaced according to the latest plans to expand the Osceola Parkway.  The government has the power to do so (aka eminent domain) subject to certain restrictions.  Those same residents have vocalized complaints that the plans were not properly advertised by the government.  For more […]

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Foreclosure Statute of Limitations

The Florida 5th District Court of Appeals recently clarified an issue regarding foreclosure statute of limitations in U.S. Bank v. Bartram, 2014 WL 1632138. In that case the Bank filed a foreclosure action in 2006. Then, the case was dismissed in 2011. The Obligors argued that when the Bank filed that foreclosure action it accelerated […]

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Business Records Exception

Generally speaking, Florida omits hearsay evidence unless it falls under one of the acceptable exceptions.  One of those exceptions is the business record.  Here, the business record must pass a 4 prong test, namely: It was made at or near the time of the event recorded, By, or from information transmitted by, a person with […]

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