Florida Bar Journal articles from December 2005

Florida Bar Journal archives from December 2005

Diversity - continuing challenges.(Florida)(President's Page)
December 1, 2005... When former U.S. 11th Circuit Court of Appeals Chief Judge Joseph Hatchett first came to Florida in 1959, there were fewer than two dozen black lawyers forced to practice law in segregated courtrooms. When former Florida Supreme Court...

Renovating Azam: a proposal for rebuilding the reliance test in real estate torts.
December 1, 2005... Here is a syllogism. Industries are aggregated transactions. Lawsuits destabilize transactions. Lawsuits destabilize industries. Florida is the fourth most populous U.S. state with an enormous residential real estate market. (1) When we...

Florida's "valued policy law": clarifying some recent misconceptions.(response to John Garaffa, Florida Bar Journal, vol. 79, p. 8, April 2005)
December 1, 2005... As an attorney who was personally affected by the hurricanes that ravaged Florida in 2004, the article, "Florida's Valued Policy' Law--The Eye of the Storm," in the April 2005 issue of The Florida Bar Journal troubled me. It is my opinion that...

Trusts for pets.
December 1, 2005... It took months, but your clients are ready to sign their basic estate planning documents. Included is a revocable trust which, if properly funded, will avoid probate and guardianship proceedings. A credit shelter trust was structured to take...

Bankruptcy: In re Webster Classic Auctions: is the door finally open for a practical application of section 1146(c)?
December 1, 2005... On average, 10,000 petitions for reorganization under Ch. 11 of the Bankruptcy Code are filed every year. (1) Of those companies filing petitions, only 25 percent are expected to have their plan for reorganization confirmed by a bankruptcy...

Florida construction liens: representing the residential owner.
December 1, 2005... This article explores the legal representation of the owner of a residential dwelling under construction with regards to nonprivity lienors when there is no payment bond. Florida's Construction Lien Law, Part I, F.S. Ch. 713 (2003), does not...

Laws from on high: religious displays on public property.
December 1, 2005... Opponents will most likely argue that courts should follow McCreary while proponents will probably argue that courts should follow Van Orden and permit displays currently being litigated and beyond. One of society's most perennial,...

When good IRAs go bad: common pre- and post- mortem IRA problems with uncommonly bad results.(individual retirement accounts)
December 1, 2005... It is imperative for the IRA owner and their professionals to periodically review the IRA agreements that govern their accounts and review the statements as well. Individual Retirement Accounts are tax-deferred accounts that, handled...

The magic of privity in express product warranty claims: a plaintiff's perspective.(Florida)
December 1, 2005... It is difficult to imagine that a national vehicle manufacturer or any manufacturer can issue an express warranty to a first purchaser but not honor its terms. The law of Florida is increasingly clear on at least one point in the product...

Outrunning contractual noncompete undertakings: does the 11th Circuit's Palmer & Cay decision offer "earlybird specials" for Florida forum shoppers?
December 1, 2005... In Palmer & Cay, Inc. v. Marsh & McLennan Companies, 404 F. 3d 1297 (11th Cir. 2005), a panel of the 11th Circuit Court of Appeals held that Georgia's public policy narrowly restricting enforcement of otherwise valid noncompete agreements could...

Addressing environmental permit issues prior to closing.(Florida)
December 1, 2005... There are five regional water management districts (WMDs) in Florida that, together with the Department of Environmental Protection (DEP), oversee the water resources of the state of Florida. Jurisdiction over water resources is granted to the...