Florida Bar Journal articles from October 2003

Florida Bar Journal archives from October 2003

Doing well by doing good.(President's Page)
October 1, 2003... After I was sworn in as president, I learned that The Florida Bar has many longstanding traditions. They are not found in our legal rules, nor can they be found in any employee manual. One of those long-standing traditions is that only...

The case of Florida's missing real estate records.
October 1, 2003... Most Florida lawyers are probably aware of the historical connection between Florida and Spain. The chain of title to some Florida real estate runs back to a beginning with a Spanish land grant. Perhaps only a few Florida lawyers know that...

Florida's new construction defect statute: the aggrieved homeowner's obstacle course.
October 1, 2003... When residential buildings begin to decay and roof tiles blow off in high winds, homeowners can no longer simply march into court and commence litigation against responsible parties. With the recent enactment of Florida's new construction...

Pay now or pay more later: the current state of the law on undisputed construction obligations.
October 1, 2003... Unlike disputes arising out of many other contractual relationships, often those disputes relating to a construction project are complicated by the fact that all involved parties will not necessarily be in privity with each other. In fact, it...

Protecting and preserving the Save Our Homes cap.
October 1, 2003... The so-called "Save Our Homes" amendment to the Florida Constitution sets a three percent maximum limit on annual valuation increases of homestead property for ad valorem tax purposes. This limit or cap on annual valuation increases saves...

Determining the meaning of "direct evidence" in discrimination cases within the 11th Circuit: why Judge Tjoflat was (W)right.
October 1, 2003... Truly I tell you, no prophet is accepted in the prophet's hometown. (1) An employment discrimination plaintiff may establish a case of discrimination by using one of three alternative methods: 1) presenting evidence of discriminatory...

Motions to strike sham pleadings and summary judgment motions: is there a difference?(Trial Lawyers Forum)
October 1, 2003... An out-of-state lawyer is on the phone. One of his clients has been sued in Florida and he needs local counsel to help file a response. He assures you that the complaint's factual allegations are demonstrably false and tells you that he wants...

The New York (and other states) death tax trap.
October 1, 2003... It is no secret that more people retire to Florida than any other state. Indeed, Florida's population increased by approximately 340,000 people between July l, 2001, and July 1, 2002. (1) Many individuals who move to Florida from another state...

The business of terrorism: the Terrorism Risk Insurance Act of 2002.
October 1, 2003... Since the terrorist attacks of September 11, 2001, the economy has been harmed by the withdrawal of many insurance companies from the marketplace for terrorism risk insurance. As a result, on November 26, 2002, President Bush signed into law...

The prosecutor as investigator.
October 1, 2003... "In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate crime, and the district attorneys who prosecute the offenders." Law and Order, NBC-TV As is often the...

The Family Medical Leave Act--ten years later.
October 1, 2003... The Family and Medical Leave Act of 1993 (FMLA) recently celebrated its tenth anniversary. (1) Congress' stated reason for enacting the FMLA was "to balance the demands of the workplace with the needs of families, to promote the stability and...

The 2003 amendments to the Florida APA.(Administrative Procedure Act)
October 1, 2003... A noted administrative law scholar once characterized the quest for an administrative procedure as a "hardy perennial. (1) This certainly appears to be the case in Florida, for during the 2003 Regular Session, the Florida Legislature enacted...

An update on Florida alimony case law: are alimony guidelines a part of our future? .(part 1)
October 1, 2003... The suggestion to use guidelines for the determination of an alimony award is new in Florida. Judge Farmer of the Fourth District Court of Appeal was the first appellate judge to approach the subject in Bacon. v. Bacon, 819 So. 2d 950 (Fla. 4th...

Remand orders in ERISA cases: when are they reviewable in the 11th Circuit?(Appellate Practice and Advocacy)
October 1, 2003... In Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336 (1976), the Supreme Court held that 28 U.S.C. [section] 1447(d)'s prohibition against review of a federal district court order remanding a previously-removed case back to state court...

Adopt-a-school makes local YLS a "community partner".(Young Lawyers Section of the Palm Beach County Bar Association)
October 1, 2003... Ironically located on the posh island of Palm Beach, Palm Beach Public Elementary school is populated by students from the poorest areas of the county. Through the Young Lawyers Section of the Palm Beach County Bar Association, these children...

2203 Cumulative Supplement of ERISA Fiduciary Law.(Book Review)
October 1, 2003... The 2003 Cumulative Supplement of ERISA Fiduciary Law includes discussion and analysis from 23 practitioners around the country. Published by BNA Books, the resource delivers sophisticated analysis of ERISA fiduciary issues as determined by...

Negotiating and Drafting Contract Boilerplate.(Book Review)
October 1, 2003... by Tina L. Stark For lawyers, it's those provisions at the end of a contract-choice of law, notice, arbitration, force majeure, assignments, etc.-that it is tempting to take for granted. Known as "boilerplate," these provisions contain...

The Business Law Survival Guide.(Book Review)
October 1, 2003... by Martin E. Segal The Business Law Survival Guide: Defusing 101 Legal Time Bombs That Cart Sabotage a Commercial Transaction, provides a key to successfully managing legal risks. It leads the reader step by step through the common perils...

How to Protect and Manage Your 401(k).(Book Review)
October 1, 2003... by Elizabeth Opalka Is your 401(k) safe? If you thought you would become a millionaire from your retirement savings, stock market declines, over-investment in employment stock, and stories of employer misconduct have killed that thought....

Florida Evidence Code with Objections, 4th ed.(Book Review)
October 1, 2003... by Teresa J. Davenport, Lisa A. Hirsh, Anthony J. Bocchino, and David A. Sonenshein The National Institute for Trial Advocacy has published a new pocket-sized guide to Florida Evidence. The fourth edition of Florida Evidence Code with...

The Majesty of the Law: Reflections of a Supreme Court Justice.(Book Review)
October 1, 2003... by Sandra Day O'Connor Since 1981, when Sandra Day O'Connor became the first female Associate Justice of the Supreme Court, she has attracted interest. In the preface to The Majesty of the Law, she recalls: She and her husband John "went...

Wild Bill: The Legend and Life of William O. Douglas.(Book Review)
October 1, 2003... by Bruce Allen Murphy Wild Bill: The Legend and Life of William O. Douglas is the detailed biography of U.S. Supreme Court Justice William 0. Douglas. The early chapters contrast Douglas' struggle with poverty and strife for education with...