Florida Bar Journal articles from May 2005

Florida Bar Journal archives from May 2005

Help fund representation for Florida's children: buy a "Kids Deserve Justice" license plate.(President's Page)
May 1, 2005... Too often, children come to court powerless, with no-one representing them. This occurs despite the fact that Florida law says children in neglect and abuse cases in dependency court shall be appointed a guardian ad litem. There are 21,282...

In memoriam: William O.E. Henry.(former president, The Florida Bar and Florida Bar Foundation)(Obituary)
May 1, 2005... It was with great sadness that I learned William O. E. Henry--former president of both The Florida Bar and Florida Bar Foundation, a Holland & Knight lawyer for more than half a century, a champion of the poor, and an Eagle Scout...

The reinstatement of covenants, conditions, and restrictions extinguished by The Marketable Record Title Act.(Florida)
May 1, 2005... The Marketable Record Title Act (MRTA) seemed like a good idea when it was enacted by the Florida Legislature in 1963. (1) The intent was to simplify title searches to stabilize property law, by clearing old defects from land titles, limiting...

Avoiding ERISA under disability insurance contracts.
May 1, 2005... As its name implies, the Employee Retirement Income Security Act of 1974 (ERISA) (1) was enacted for the primary purpose of protecting employees' rights under pension plans established by their employers. Like many laws, ERISA contains "add-on"...

Dividends received from foreign corporations--recent developments change the landscape.
May 1, 2005... The American Jobs Creation Act of 2004 (the "2004 Act") (1) has been called "the most significant tax law reform since 1986." (2) One of the provisions of the 2004 Act that has received a significant amount of attention is new [section] 965 of...

Viatical settlements in Florida: new issues for estate planners.
May 1, 2005... A longtime client calls you for an appointment to update his estate plan. He owns several life insurance policies, which were taken out to fund estate tax obligations and to fund a shareholder buyout agreement for a closely held business. After...

Invective on appeal: impugning the integrity of judges.
May 1, 2005... In general, the ethical duties of appellate lawyers are no different than those of trial lawyers. Yet, the specialized nature of appellate practice and procedure produces a relatively small number of recurring issues implicating ethical...