Florida Bar Journal articles from July 2007

Florida Bar Journal archives from July 2007

Florida land titles and British, not just Spanish, origins.
July 1, 2007... All Florida lawyers should know that the state traces its colonial heritage back to Spain, and many, particularly real estate practitioners, are aware that some Florida land titles begin with a grant from the Crown of Spain. Relatively few,...

Tipping the ole tipsy coachman over in his grave: an inequity of appellate review.(Florida)
July 1, 2007... 'To name a thing is to make it real." (1) Well, the colorfully monikered tipsy coachman doctrine, (2) a legal maxim of appellate review, (3) became real in Florida when it first provided that if a trial court reaches the right result, albeit...

Florida tax deed sales are getting risky.
July 1, 2007... Each year tax collectors and circuit court clerks across the state conduct tax deed sales to collect unpaid ad valorem real property taxes. Occasionally, successful bidders at these sales acquire tax deeds to valuable properties worth far more...

Florida continues to lead the nation in mediation.
July 1, 2007... Florida is the leader in mediation in the U.S. with its strict ethical standards, the Florida mediator certification process, and recent legislation improving confidentiality standards. In fact, in 1995, over 75,000 court-connected cases were...

Appellate Court Rules Committee.(Florida)
July 1, 2007... I thank all the members, subcommittee chairs, officers of the committee (ACRC), and our staff liaison, Joanna Mauer, for the tremendous effort put in this year. First, as an update to last year's work, the Supreme Court heard oral argument...

Florida Administrative Procedures Act remedies survey.
July 1, 2007... "In theory, there is no difference between theory and practice. But, in practice, there is." --Jan L. A. van de Snepscheut/Yogi Berra The Florida Administrative Procedure Act (APA), F.S. Ch.120, to an almost exclusive extent, contains...

Avoiding fundamentally erroneous jury instructions: pointers for counsel in criminal trials and appeals.(Florida)
July 1, 2007... Whether reviewing instructions before they go to the jury or perusing them on appeal, revisit the doctrine of fundamental error. Faulty jury instructions are one of the greatest sources of reversible error. (1) The avowed function of the...

Tax increment financing in Florida: a tool for local government revitalization, renewal, and redevelopment.
July 1, 2007... Florida municipalities have undergone tremendous redevelopment in recent years. F.S. Ch.163 codifies redevelopment measures in the Community Redevelopment Act which provides for the establishment of a community redevelopment agency (CRA) and...

The defense of human rights.(Florida)(President's page)
July 1, 2007... Americans are an open, friendly, and courageous people. Among their most prized characteristics is a sense of fairness. This fairness is enshrined in our Constitution and in our Bill of Rights, and I believe it typifies the sentiments of most...

Qualifying trust transfers for split-gift treatment.
July 1, 2007... Section 2513 of the Internal Revenue Code of 1986, as amended, allows a married couple to treat gifts made by one spouse as if the gift is made one-half by each spouse. These gifts are commonly referred to as split-gifts. In this article, the...

Title procedure before general magistrates and child support enforcement hearing officers.(Florida)
July 1, 2007... Over the past decade, Florida increasingly has relied on state-paid general magistrates and child support enforcement hearing officers. Although neither general magistrates nor hearing officers appear in Article V of the Florida Constitution or...

Francisco R. Angones: the first Cuban-born president of The Florida Bar.(Testimonial)
July 1, 2007... Francisco Angones will never forget the day he arrived in America--Tuesday, June 13, 1961--a frightened boy alone in a new country, landing at Miami International Airport carrying only a duffle bag stuffed with the allotted 40 pounds of clothes...