Florida Bar Journal articles from October 2008

Florida Bar Journal archives from October 2008

Peggy Ann Quince: Chief Justice of the Florida Supreme Court.(Interview)
October 1, 2008... As the sun rose at the Virginia Beach shipyard, Solomon Roosevelt Quince, Sr., lit a fire in a barrel to warm his hands before loading cargo onto ships headed out to sea. The first stevedore to arrive, he was an undereducated civilian...

Chief Justice Quince's initiatives.(Florida)
October 1, 2008... Fostering Independence Project: "You bring to that center chair, not only wisdom and legal skill, but a big heart," Bob Butterworth told Peggy Quince at her swearing-in ceremony. "Every day at the Department of Children and Families we...

What every attorney needs to know about electronic technology.
October 1, 2008... These days an attorney can get away with not knowing what a bit, byte, or gig is, but no longer can a Florida lawyer meet his or her professional obligation of competent representation without knowing the basic characteristics of electronic...

Metadata: the ghosts haunting e-documents.
October 1, 2008... [ILLUSTRATION OMITTED] Metadata is "data about data." (2) Although it sounds quite modern, one form of metadata is no doubt familiar to every lawyer: The "fax band" on a document received by facsimile that shows the time and date the fax...

Deja vu in Florida courts: when courts "re-view" the law of the case.
October 1, 2008... An appellate court generally resolves all of the issues presented to it with finality. After resolution in the appellate court, however, it is not uncommon for the case to be remanded to the trial court for further proceedings consistent with...

Views from a former member of a grievance committee: hot buttons for the estate planning, probate, and trust attorney.(Florida)
October 1, 2008... I have had the great opportunity to serve on three grievance committees for a total of nine years. I would like to say my participation on the committee has been purely altruistic, but experience has taught me I am not often "purely...

IRS rules total return swap tied to real estate index is not subject to FIRPTA.(Foreign Investment in Real Property Tax Act)
October 1, 2008... In a significant taxpayer-friendly ruling (Rev. Rul. 2008-31), (1) the IRS ruled that a total return swap, the return of which was calculated by reference to a broadly based real estate index, does not give rise to a United States real property...

Appellate court trends in rehabilitative alimony: 10 years later.(Florida)
October 1, 2008... Rehabilitative alimony is a tool used by courts to allow a former spouse to "establish the capacity for self-support... either through the redevelopment of previous skills or provision of the training necessary to develop potential supportive...

Diversion programs: PTI ... dismissal ... problem solved ... or is it? (pretrial intervention) (Florida)
October 1, 2008... We all know that diversion programs exist and we take advantage of them for many of our clients on a frequent basis, but how many of us actually know the difference between the statutory requirements as opposed to your particular state...

Udder nonsense? The emerging issue of raw milk sales in Florida: regulation.(part 1)
October 1, 2008... A growing number of consumers are devotees of unpasteurized "raw" cow, goat, and sheep milk. Pasteurization is "the application of heat to destroy human pathogens in foods." (2) While pasteurization has proven to substantially reduce milk's...

The Law of Second Chances.(Book review)
October 1, 2008... The Law of Second Chances By James Sheehan The Law of Second Chances is an action packed and gut wrenching story that is sure to delight its readers. Sheehan masterfully weaves a tapestry of characters in this gripping sequel to The...

My Grandfather's Son: A Memoir.(Book review)
October 1, 2008... My Grandfather's Son By Clarence Thomas Subtitled, "A Memoir," this book details Associate Justice Clarence Thomas' life from his childhood, including his early memories of his life in Pinpoint, Georgia, moving to squalor to the...

Judicial budget crisis: this crisis is your story to tell.(Florida)(President's page)
October 1, 2008... When Peggy Quince was sworn in as Florida's chief justice, I promised her that The Florida Bar is committed to working with her to solve the court funding crisis. I said then and I reiterate now: We must find a permanent solution and...