Florida Bar Journal articles from February 2001

Florida Bar Journal archives from February 2001

Proposals for settlement: minding your p's and q's under rule 1.442. (Florida Rule of Civil Procedure; attorneys' fees)
February 1, 2001... It's over. After four years of hard-fought litigation and two weeks of trial, you successfully convinced a group of six people to find in favor of your client. Your client is elated. Not only has she won, but she rejoices in the knowledge that...

The 30-day removal time limit: when does the clock start ticking? (removal to federal court) (Florida)
February 1, 2001... You are dealing with a matter that could turn into a lawsuit against your non-Florida corporate client. You have had telephone conversations with the potential litigant and then with his counsel. You have received letters and reports from...

Talking heads: virtual reality and the presence of defendants in court.(Florida)
February 1, 2001... With the advent of the Internet and other electronic marvels, the courts have recognized an inevitability of the penetration of the electronic revolution into the way they do business. Indeed, the Florida Supreme Court has cautiously welcomed...

Making the world safe for franchising: Nieman v. Dryclean U.S.A.(Florida)
February 1, 2001... In the past year, Florida has served as the battleground for determining what rules apply for U.S. franchisors seeking to expand overseas. Fortunately, domestic franchisors can breath a collective sigh of relief, thanks to the 11th Circuit...

The 11th Circuit standard for determining the priority status of tax claims involving successive bankruptcy filings.(Morgan v. United States)
February 1, 2001... In the case of Morgan v. United States, 182 F.3d 775 (11th Cir. 1999), the 11th Circuit ruled that bankruptcy courts have the power under 11 U.S.C. [sections] 105(a)(1) to toll the three-year period of [sections] 507(a)(8)(A)(i),(2) which...

Mystery at Manatee Creek.(Review)
February 1, 2001... Robert Tylander, who was admitted to practice law in Florida in 1943, has found time since his 1983 retirement to author a novel, Mystery at Manatee Creek, published this year by SterlingHouse Publisher. The story centers around two...

Random House Webster's Dictionary of the Law.(Review)
February 1, 2001... Random House Webster's Dictionary of the Law (528 pages) is now available for $17.95 from www.randomwords.com. This up-to-date, thorough, and comprehensive reference guide is useful for students, legal professionals, and anyone who wants to...

Protect and Defend.(Review)
February 1, 2001... The latest novel from former trial lawyer Richard North Patterson, Protect and Defend, explores abortion politics by taking on the two most volatile issues in the abortion war: the efforts to ban late-term abortion and to require minors seeking...

Liability of the commercial driver: negligent hiring meets the dangerous instrumentality doctrine.(Florida)
February 1, 2001... The average driver on Florida's highways shares the road with a great many commercial vehicles. From semitrailers to jitneys, gasoline tankers to orange trucks, increased traffic leads to an increased rate of accidents. There are subtleties of...

Dividing pension property after Boyett. (part 1) (Florida)
February 1, 2001... Defined benefit pension plans are very complex retirement plans. Obtaining a fair division of property for either divorcing spouse was never a simple matter. This task has been made more difficult and more complex following the Florida Supreme...

Sexually violent predator commitment proceedings: a proposal for rules of procedure.(Florida law)
February 1, 2001... For the past two years, the State of Florida has pursued the involuntary civil commitment of sexually violent predators.(1) Pursuant to the sexually violent predators act, involuntary civil commitment can be pursued for individuals who have a...

Managing managed care: an analysis of managed care within workers' compensation claims.(Florida)
February 1, 2001... With the advent of the 1994 legislative amendments, the Florida Legislature completely overhauled the manner in which medical issues are analyzed in workers' compensation cases. In 1994, the legislature created F.S. [sections] 440.134. Section...