Florida Bar Journal articles from March 2008

Florida Bar Journal archives from March 2008

Florida's third species of jurisdiction.
March 1, 2008... The most common (1) use of the word "jurisdiction" in Florida practice is curiously lacking in definition. Trial courts "lack jurisdiction" until proper pleadings are filed. (2) They exceed "jurisdictional" limits if they order relief outside...

Practical solutions to the problems resulting from the real life application of Florida's construction lien transfer bond statute.
March 1, 2008... Florida's construction lien law has been defined by one appellate court as a complex set of rules and procedures that continues to confuse the bar and the judiciary just as much as it does the very folks it seeks to protect. (1) Generally,...

Dealing in stolen property, grand theft, and ineffective assistance of counsel.
March 1, 2008... How many times has this case come across your desk? The client, wittingly or not, buys or receives stolen property and pawns it. Or a friend (we'll call him "the thief") says his ID is lost and asks the client to pawn what turns out to be...

Challenging inter vivos transfers procured by undue influence: factors to consider.(Florida)
March 1, 2008... Anyone who watches the evening news knows that Florida has more than its fair share of opportunists who take unfair advantage of the frail and elderly. When the unfair advantage takes the form of a coerced, yet facially valid transfer of assets...

Review of nonfinal orders - an exception to the requirement of finality.(Florida)
March 1, 2008... Under Florida law, an order typically must be final before a party can seek appellate review. This maintains continuity and streamlines litigation, preserves the trial court's role as the initial arbiter of conflicts, and avoids piecemeal...

Business is business: recognizing referral relationships as legitimate business interests protectable by restrictive covenants in Florida.
March 1, 2008... Your client has built a medical equipment business from scratch into a successful enterprise, based mainly upon his ability to secure the trust and confidence of a select group of physicians who refer their patients to his company for goods and...

Family limited partnerships: the year in review.
March 1, 2008... In November 2005, one of the authors co-authored an article for The Florida Bar Journal regarding family limited partnerships (FLPs), which focused on the most recent family limited partnership cases in the context of the bona fide sale...

F.S. s. 39.0139: protecting children from sexual abuse by those entrusted with their care. (Florida)
March 1, 2008... The Florida Legislature passed the "Keeping Children Safe Act," F.S. [section]39.0139, effective July 1, 2007, in an effort to prevent sexual abuse during visitation pursuant to judicial determinations from those persons the child is ordered to...

The goal of the public reprimand: rehabilitation. (Florida) (President's page)
March 1, 2008... It's not my favorite role as president of The Florida Bar when a disciplined lawyer makes a public appearance before the 52-member Board of Governors to receive a public reprimand. As the attorney stands before the board, I sum up details of...