Category: Florida BAR article
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Code Liens Are Not Superpriority Liens: Is it the End of the Debate?
The Florida Supreme Court recently ruled that a local ordinance in Palm Bay giving priority to code enforcement liens over earlier recorded mortgages is invalid. This means that code enforcement liens do not have priority over mortgages. The court found that the ordinance conflicts with state law. This ruling ends the uncertainty surrounding the case…
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The Dissolution of the Town of Cedar Grove
The town of Cedar Grove in Bay County, Florida was dissolved in 2008 after a referendum passed. This was a big deal because it had never happened in Florida before. It was a complicated process to transfer all the town’s stuff to the county. The whole thing started with a grassroots campaign by local citizens,…
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Prompt Judicial Review of Administrative Decisions: Providing Due Process in Unsure Waters
Basically, any rules or procedures that control activities protected by the First Amendment must be very carefully thought out and fair, or they could be considered unconstitutional. The government has to make decisions about licenses quickly and fairly, and if they deny a license, there has to be a way for the decision to be…
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Brock v. Board of County Com’rs of Collier County: A Case for Reconciliation
“A big law company is being sued by a client for not doing a good job. The client thinks the law company overcharged them and didn’t give good advice. The law company is denying the claims and saying they did everything right.” The Florida Constitution sets up a system to make sure public money in…
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FLUEDRA: Flawed, but Fixable?
A landowner who is unhappy with a decision made by the local government about their property can use a law called FLUEDRA to try to work out the issue through mediation before going to court. FLUEDRA applies to any decisions about building, zoning, or other permits made by the government. It’s been around for over…
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Merry Litigation and Happy Attorneys’ Fees: Holiday Displays on Downtown Public Property
Local governments can put up holiday displays on their property, but they have to be careful about showing religious symbols. They can only display religious symbols like a crèche or menorah if they’re shown with other non-religious holiday items, like a Christmas tree. In some places, the government has to let people put up their…
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Home Rule Redux: The Community Planning Act of 2011
The Florida Legislature made a lot of changes to how local governments can make plans for growth in 2011. They wanted to give more power to local governments and make it easier for them to make their own decisions about how their area should grow. They also got rid of a state agency that used…
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When Can a Lawyer Communicate With Your Client?
A law firm was representing clients dealing with a state agency. The lawyer from the firm contacted employees of the agency to get information for potential legal cases. But the agency said all communication must go through their lawyer. This led to the adoption of Ethics Opinion 09-1, which says lawyers can’t talk directly to…
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The Government in Your Facebook: An Examination of Social Networking Sites and Florida’s Public Records Law
State and local governments in Florida are trying to decide if they should use social media like Facebook and Twitter to reach people. Some think it’s a good way to connect with people who use these sites, but others are worried about breaking the law by sharing public records on social media. Those who decide…
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Florida Is Keeping Pace: House Bill 7179
House Bill 7179 is a new law in Florida that allows local governments to help property owners pay for energy-efficient and hurricane-resistant improvements. This means that if you want to make your home or business more energy-efficient or install things like solar panels or hurricane shutters, the government can give you the money upfront to…
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Honest Services Fraud: Federal Prosecution of Public Corruption at the State and Local Levels
Honest services fraud is when a public official or government worker is accused of not doing their job honestly. This can include things like not disclosing conflicts of interest. The government has used this law to prosecute many different types of government workers. The basic idea is that the public deserves honest and faithful service…
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Public-private Contracting in Florida Survives
In 2001, ContractPoint Florida Parks, LLC wanted to build cabins in Florida state parks, but ended up in a legal battle with the Florida Department of Environmental Protection. They nearly lost their ability to make contracts with the government. Florida often works with private companies for services, but without a law to protect them, private…
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The Effectiveness of Home Rule: A Preemption and Conflict Analysis
Before 1968, local governments in Florida only had the powers specifically given to them by the state. In 1968, the Florida Constitution was changed to give cities and charter counties more power to make their own rules. Then in 1973, the Municipal Home Rules Power Act (MHRPA) was passed, which gave even more power to…
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A New Prescription for an Old Headache: Calculating Judgments in Medical Malpractice Actions Under F.S. §766.118
It’s important to understand how final judgments are calculated in legal cases, especially when it involves medical malpractice. In Florida, there have been changes to the laws to limit the amount of money that can be awarded for non-physical damages in these cases, with the goal of lowering insurance costs for healthcare providers. These changes…
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Staying a Money Judgment in Federal Court Without Posting a Supersedeas Bond
Simply put, Rule 62(d) of the Federal Rules of Civil Procedure says that in order to stop a lower court’s decision from being carried out while you appeal it, you have to provide a bond. However, federal courts have decided that this rule can be interpreted more flexibly, and a judge can choose to stop…
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Putting the Brakes on Litigation: Stays Pending Review
If you want to appeal a court decision, you may need to ask the court to put a “stay” on the decision so that it doesn’t take effect while you appeal. This is important because if things keep moving forward while you’re trying to appeal, it could make the appeal pointless. In Florida, there are…
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Remand Orders in ERISA Cases: When Are They Reviewable in the 11th Circuit?
Thermtron Products, Inc. v. Hermansdorfer is a Supreme Court case that says federal courts can review orders to send cases back to state court, but only in certain situations. This applies to cases involving employee benefits under ERISA, a federal law. The 11th Circuit has a test for determining when state claims are completely controlled…
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Pop Quiz: Why Is Fundamental Error Like Pornography?
The fundamental error doctrine allows appellate courts to review errors in a case, even if they weren’t properly brought up in the lower court. It’s defined as an error that goes to the heart of the case and affects the party’s right to a fair trial. Figuring out if an error is fundamental can be…
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Five Easy Pieces: Advice for Getting Your Case to the Appellate Court (and Back Again) Intact
The appellate process may seem simple on the surface, but there are many details to consider. It’s important to understand how a case will proceed in the appellate court, as there are different ways to appeal a trial court decision. These include a final-order appeal at the end of the case, an interlocutory appeal after…
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Attorneys’ Fees on Appeal: Basic Rules and New Requirements
Learning about attorneys’ fees on appeal is important because the rules have changed recently. Some courts are stricter about following the rules, and there are new opportunities for fee recovery. It’s important to know that fees must be requested during the appeal by filing a separate motion with the appellate court and serving it within…
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Tell the Truth
Lawyers have a duty to be truthful, especially when handling appeals. Even though lawyers may be representing clients, they still have to be honest. There are rules that prevent lawyers from making frivolous arguments in court, and pursuing a frivolous appeal can lead to consequences for both the lawyer and the client. It’s important for…
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Appellate Stays and Bonds
An appellate stay is a way to maintain things as they are in a lower court while a case is being appealed. It’s not always required, but it can be really important for getting fair results in an appeal. To ask for a stay, you have to make a formal request to the court that…
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The Two-Issue Rule and Itemized Verdicts: Walking the Tightrope
Harmless error is a mistake made during a trial that doesn’t really affect the outcome. It’s not a big deal for the side that won, but it can be frustrating for the side that lost. Appellate courts usually don’t do anything about harmless errors, unless they’re really sure that the error could have changed the…
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Appellate Specialization and the Art of Appellate Advocacy
Appellate practice is a specialized area of the law that deals with handling appeals, which are requests to higher courts to review decisions made by lower courts. It is considered a specialty because it requires unique skills and expertise, different from those needed for trial practice. In appellate practice, attorneys focus on legal issues and…