Florida Bar Journal articles from October 2004

Florida Bar Journal archives from October 2004

A justice's priority: full and fair funding for Florida's courts.(President's Page)
October 1, 2004... I first met Justice Barbara Pariente in 1997 when she was sworn in to the Florida Supreme Court. As a local lawyer, I have observed her great skills as a jurist, and I am fortunate to have had the opportunity to get to know her personally. She...

Remembering Colonel Faulkner. (includes 4 testimonials) (Florida) (Testimonial)
October 1, 2004... In March of this year former Bar Staff Counsel Col. Norman Faulkner passed away at the age of 82. Faulkner joined Bar staff in 1971 to coordinate the rapidly growing disciplinary program, and it was under his leadership that the grievance...

Barbara J. Pariente: chief justice of the Florida Supreme Court.(Interview)
October 1, 2004... "She now brings to the office of the chief justice the qualities of someone who learned discipline from adversity and whose early vision of this new ethic has become the recognized standard."--Harry Lee Anstead Petite powerhouse Barbara...

Pariente's plans as chief justice.(includes 4 testimonials)(Florida Supreme Court)(Testimonial)
October 1, 2004... The July 2 morning Barbara Pariente was sworn in as chief justice, she noted: "Today is the 40th anniversary of the signing of the historic Civil Rights Act--probably the single most significant piece of legislation in our lifetime." ...

Wrestling with Crawford v. Washington and the new constitutional law of confrontation.
October 1, 2004... On March 8, 2004, the U.S. Supreme Court handed down Crawford v. Washington, 124 S. Ct. 1354 (2004), reversing a decision of the Washington Supreme Court that had upheld Crawford's conviction for assault. (1) A hearsay statement Crawford's wife...

A rock solid foundation for the wall of separation between church and state in employment decisions concerning clergy.
October 1, 2004... Federal courts rely on the "ministerial exception" to preclude subject matter jurisdiction over actions by clergy members against religious organizations for employment decisions concerning the hiring, firing, suspension, and placement of...

The 2004 amendments to Florida's construction defect statute: some solutions and more confusion.
October 1, 2004... Florida's construction defect statute, F.S. [section] 558.001 et seq., which became effective on May 27, 2003, has caused considerable confusion among construction practitioners relating to its procedure and enforcement. (1) This statute...

So you're faced with child hearsay: what's in, what's not.
October 1, 2004... Nothing is more difficult than defending a client who is accused of a crime that requires no substantive evidence for conviction. An allegation is made by a four-year-old child to her mother regarding inappropriate contact with her father: "I...

More than you wanted to know about the doctrine of reformation.(Florida)
October 1, 2004... If there is anything that takes the professional sweat off a dirt lawyer's brow, or places a smile on a malpractice carrier's face, it is the equitable safety net of reformation, definitely a doctrine for the legally maladroit. It has to be...

Conquering the maze of certiorari review of local government quasi-judicial land use decisions.
October 1, 2004... For land use practitioners, there are few feelings worse than walking away from a county commission meeting in the dead of night after an hours-long quasi-judicial hearing which--despite your preparation--results in a defeat. Worse yet is...

Overview of Florida alimony.
October 1, 2004... Alimony is one issue of several that arises in a marriage dissolution action. The flowchart at the end of this article is an aid to illustrate the interplay between equitable distribution and the several different types of alimony. Each type of...

New rules for qualifying a transaction as a statutory merger or consolidation under section 368(a)(1)(A) of the Internal Revenue Code.
October 1, 2004... Section 368(a)(1)(A) of the Internal Revenue Code (1) provides that a statutory merger or consolidation qualifies as a reorganization. In a merger, one corporation acquires the assets and liabilities of another corporation that ceases to exist...

Excuse me? The courts suggest the legislature amend APA provisions governing requests for hearing.(Florida Administrative Procedure Act)
October 1, 2004... Much has been written about legislative changes to the Florida Administrative Procedure Act (APA) (1) that were designed to undo the judicial construction of various provisions? In a somewhat different twist, at least two appellate courts...