Florida Bar Journal articles from February 2007

Florida Bar Journal archives from February 2007

Striking a balance to win: balancing the need to win the trial with the need to preserve the record on appeal.
February 1, 2007... All trial lawyers begin a case with one goal in mind--win the trial. Sometimes the quest for success at trial, however, comes at the expense of preserving the record for appeal. Failing to preserve the record can be fatal to the ultimate...

All appropriate inquiries in commercial real estate due diligence: what inquiring minds need to know.
February 1, 2007... On November 1, 2006, the U.S. Environmental Protection Agency (EPA) adopted an "All Appropriate Inquiries" (AAI) rule. The AAI rule, found at 40 C.F.R. Part 312, 70 Fed. Reg. at 66,070 (November 1, 2005), codifies new requirements for...

Second-tier certiorari standard of review under Florida Law: a practitioner's guide.
February 1, 2007... The key to success on appeal is crafting an argument which persuades the court that it has the authority to grant the relief you are requesting. A thorough understanding of the standard of review is essential to presenting your case in a...

Determining the nonmarital portion of retirement benefits and other property.
February 1, 2007... Determining the nonmarital portion of property is like building a house. It involves different experts having different skills and responsibilities as may be required based upon the nature of the property in question. Because such determination...

Economic redevelopment of small-city downtowns: options and considerations for the practitioner.(part 2)(Florida)
February 1, 2007... The Main Street Approach Economic development programs and activities can be undertaken at different levels of expense depending on available funds and fiscal limitations. One program is the Main Street Approach, which is concerned with...

Proposed "technical taxpayer" regulations shut down guardian and reverse hybrid structures.
February 1, 2007... Because U.S. taxpayers are subject to federal income tax on their worldwide income, income earned in a foreign country may be subject to double taxation: once in the foreign country and a second time in the U.S. The foreign tax credit...

A Death in Belmont.(Book review)
February 1, 2007... A Death in Belmont By Sebastian Junger Reviewed by David Mandell In 1963, Boston, Massachusetts, was a community in fear. A serial strangler stalked the city and no one felt safe. Despite the biggest manhunt in Boston's history, the...

The Supreme Court of Florida: 1917-1972.(Book review)
February 1, 2007... The Supreme Court of Florida, 1917-1972 By Walter W. Manley II and Canter Brown, Jr. The second in a series of books chronicling the Florida Supreme Court's inception and growth, The Supreme Court of Florida, 1917-1972 is a collection of...

The status of Florida law on contract zoning: practical drafting suggestions to avoid contract zoning claims in settlement agreements.
February 1, 2007... Florida courts have generally looked unfavorably upon contract zoning. By definition, contract zoning occurs where a local government effectively bargains away its discretionary power to grant a development approval in exchange for a benefit or...

This event requires respectful hosts.(probate proceedings)(President's page)
February 1, 2007... If we mailed invitations to our party, who would attend? Nobody wants to sue or be sued, engage in unpleasant divorce proceedings, be a victim or watch a family member prosecuted as a criminal, sit in probate proceedings because of the loss of...

Parochialism in arbitration? How some arbitration decisions by Florida courts are at variance with federal arbitration precedent.
February 1, 2007... Courts are often called on to decide issues related to the enforcement of arbitration clauses, and the Florida Supreme Court is no exception. In the last few years, the court has issued some decisions involving arbitration, including one that...