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Interview by Shirley Polumbo On August 17, 1985, Chief Judge Emeritus A. Jay Cristol was appointed judge to the United States Bankruptcy Court for the Southern District of Florida (District). His wise disposition, prudent remarks, hilarious insights, and witty comments have made Judge Cristol a favorite of the Bankruptcy Bar in the Southern District. Certainly,...
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During the 2022 legislative session, SB1062, which was developed in large part by the Business Law Section, passed the legislature and was signed by the Governor. This legislation makes significant changes to the procedures and methods for service of process for actions pending in Florida state courts, particularly, but not exclusively, regarding service of process on...
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By Joseph Coleman, Coleman Litigation PA When considering whether reasonable attorney’s fees may be recoverable in any civil action, we as practitioners understand the oft recited and well settled “American Rule”: that each litigant is responsible for their own attorney’s fees regardless of how the case is ultimately decided. Johnson v. Omega Ins. Co., 200...
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August 6, 2022 Kim v. Galasso, Case No. 2D20-3313 (Fla. 2d DCA 2022). Trees are generally considered part of the realty, not personalty, and any contract taking planted trees out of the general rule must clearly show an intent the trees be personal property and furthermore must satisfy the statute of frauds. Perez v. The...
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June 25, 2022 Brucker v. City of Doraville, Case No. 21-10122 (11th Cir. 2022). It is not unconstitutional for a municipality to base its annual budget on the collection of code enforcement and traffic fines. Tallo v. Illes, Case No. 3D21-1206 (Fla. 3d DCA 2022). A proper predicate must be laid before a non-party is...
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July 16, 2022 Huggins v. Lueder, Larkin & Hunter, LLC, Case Nos. 20-12957, 12959, 12961, 14320, 14318, & 14319 (11th Cir. 2022). Rule 11 sanctions motions can be filed after final judgment. In Re: Amendments To Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida...
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Shirley Palumbo, Esq. LL.M Blockchain technology has been asserted to store information in a way that is secured, but not necessarily secret.  Seemingly, one of the main purposes of a blockchain usage is to avoid the information being edited or corrupted.  Thus, words like transparency, provenance and integrity are known characteristics of the blockchain.  While...
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By:      The Bankruptcy & Creditors’ Rights Group at Trenam Law Nicole Carnero, Summer Associate at Trenam Law When the Small Business Reorganization Act of 2019 (“SBRA”) was signed into law on February 19, 2020, it represented a significant milestone for small businesses in desperate need of bankruptcy relief. Through the SBRA, Congress created Subchapter V,...
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By Carlos E. Sardi, Esq. Lawyers are high achievers. That heightened capacity, in and of itself, increases levels of lawyer stress. The current state of the economy can certainly lead one to wonder in a financial whirlpool, all of which can cause tremendous stress on an individual. Economic factors like inflation can put a dent...
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The Middle District of Florida recently welcomed its most recently appointed judge, Honorable Jason Burgess assigned to the Bankruptcy Court in the Jacksonville division. Judge Burgess is licensed to practice law in the District of Columbia, as well as Florida, Tennessee and Texas.  Click on the BLS Youtube channel link below to watch the third...
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