Florida Bar Journal articles from May 2003

Florida Bar Journal archives from May 2003

Mentoring is for you! "Those who have torches will pass them on to others."(law students)
May 1, 2003... Plato's The Republic In The Odyssey, when Odysseus left for his journeys he entrusted the care, education, and guidance of his son, Telemachus, to Mentor, a loyal advisor and teacher. In our profession today, mentoring provides wise and...

The Woodside covenants.(Florida)
May 1, 2003... Once every decade, the Florida courts issue an opinion that profoundly changes the face of condominium law. Such is the case in Woodside Village Condominium Association, Inc. v. Jahren, 806 So. 2d 452 (Fla. 2002). Simply stated, the opinion...

Corporate misdeeds and their impact upon enforceability of executive employment agreement indemnification provisions.
May 1, 2003... An infectious greed" has caused the recent breakdown of "corporate governance checks and balances," according to Federal Reserve Chairman Alan Greenspan. (1) This greed, Greenspan suggests, stems in part from employment agreement provisions...

New [section] 57.105 lawyer sanctions, our ethics, and the Florida constitution: recent developments and a respectful dissent.
May 1, 2003... 1999 Fla. Laws Ch. 225 ("tort reform" or the "act") amended and greatly expanded F.S. [section] 57.105. In theory, courts can now impose sanctions against clients and against their lawyers, for "[losing] any claim or defense... not supported...

Fuchs v. Robbins dictum on property appraiser standing to challenge taxing statutes inconsistent with longstanding precedent set in Atlantic Coast Line.(Florida)
May 1, 2003... Throughout Florida, individual property appraisers are challenging the constitutionality of taxing statutes enacted by the legislature, including laws that have been on the books for decades. (1) They are bringing these challenges despite a...

Using medical literature on direct examination to win the "battle of the experts".(Florida)
May 1, 2003... Surviving the gauntlet of a hostile expert medical witness is an essential skill for any trial lawyer who litigates medical negligence and other types of personal injury actions. However, presenting your own expert as a credible authority is...

Domestic asset protection trusts: a viable estate and wealth preservation alternative.
May 1, 2003... The use of domestic asset protection trusts has been increasing as settlors seek both to avoid federal estate tax inclusion under [subsection] 2036 and 2038 of the Internal Revenue Code of 1986, as amended (IRC or the "code"), for assets...

Review of local administrative actions by common law certiorari after Pleasures II v. City of Sarasota: what's a local government got to do to get reviewed around here?
May 1, 2003... In Pleasures II v. City of Sarasota, 832 So. 2d 185 (Fla. 3d DCA 2002), the Second District Court of Appeal reached the unsurprising conclusion that municipalities do not have the authority to confer certiorari jurisdiction on the circuit...