Florida Bar Journal articles from July 2006

Florida Bar Journal archives from July 2006

Deoxyribonucleic acid, separation of powers, and justice.(Florida)(President's page)
July 1, 2006... No mention was made on the floor of the Florida House of Representatives on April 27, 2006, of James Watson, Francis Crick, Maurice Wilkins, or Czech monk Gregory Mandel. All (except Mandel) were awarded Nobel Laureates in 1962. Nor did anyone...

Henry M. Coxe III: president of the Florida Bar. (Testimonial)
July 1, 2006... A murder trial flung Hank Coxe and Gloria Fletcher together in a bungalow in Starke. Both were defending prison guards charged with beating the life out of death row inmate Frank Valdes. Rather than commute to their respective homes and...

The new Florida Trust Code.(part 1)
July 1, 2006... An important event occurred this past legislative session. Ch. 736 was added to the Florida Statutes. For estate, family law, elder law, and tax practitioners; for clients, their beneficiaries, accountants, and trustees; for regulated trust...

Deconstructing damages for destruction of evidence: Martino eradicates the first-party tort of spoliation of evidence.(Florida)
July 1, 2006... Spoliation, or destruction of evidence, (1) has been performed on evidence of all types--paper records, electronic records, hard drives, and mechanical devices. (2) Spoliation can be negligent, intentional, or in bad faith, and can be committed...

Evaluating proviso in the state budget: is the Florida Legislature complying with the Constitution?
July 1, 2006... Each spring, the Florida Legislature convenes in accordance with the Florida Constitution to consider a myriad of legislation. (1) Of more than 3,000 bills filed each year, only one is constitutionally required to be acted upon by our citizen...

Setting aside arbitration awards and the manifest disregard of the law standard.
July 1, 2006... Parties who lose in arbitration proceedings and then move their disputes into the court system should take notice of a recent decision issued by the 11th Circuit Court of Appeals. In B.L. Harbert International, LLC v. Hercules Steel Company,...

The business judgment rule in Florida - on paper and in the trenches.
July 1, 2006... Enron, Worldcom, Tyco Industries (of $15,000 umbrella-stand fame), and other corporate scandals notwithstanding, the business judgment rule remains alive and kicking in Florida. The business judgment rule protects directors from personal...

Redefining "quasi-judicial": the diminishing role of quasi-judicial determinations in local government personnel actions.(Florida)
July 1, 2006... On May 26, 2004, Florida's Third District Court of Appeal granted a writ of prohibition barring the Dade County Circuit Court from exercising jurisdiction over a public employee's appeal of her disciplinary action. (1) The employee, corrections...

Mathematics for imputing income.(Florida)
July 1, 2006... A number of factors determine entitlement to permanent periodic alimony. The factors include the length of the marriage; the age and health of both spouses; the education of both spouses; and the financial resources of each party. (1) Once...