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Recent Blog Posts

Has Relief Come To Injured Workers In Florida The Castellanos Decision

On April 28, 2016 the Florida Supreme Court issued its decision in Castellanos v. Next Door Co., No. SC13-2082, slip op. at 1-2 (Fla. April 28, 2016), a workers’compensation case that had claimants’ attorneys and insurance defense attorneys alike waiting with bated breath. The specific issue the Court addressed in Castellanos was whether the mandatory Read More »

Negligent Transmission Of Sexually Transmitted Diseases

In October 2014 Florida’s Fourth District Court of Appeal decided a case that should be mandatory reading for all sexually active adults. In Kohl v. Kohl, 149 So. 3d 127 (Fla. 4th DCA 2014) the Court addressed for the first time in Florida whether a party (here the former wife) could state a cause of Read More »

Injunctions Against Repeat Violence

All too frequently I have been called upon to obtain an injunction on behalf of a party who has been a victim of “repeat” violence or I have been asked to represent a person at an injunction hearing who has been accused of committing “repeat” violence. In Florida, we have three statutes that provide injunctions Read More »

Enforcement Of Foreign Judgments Part I

Florida has long been derogatorily referred to as a “debtor’s haven” because of the many exemptions afforded debtors from the claims of creditors. The most notable exemption, of course, is the “homestead exemption” contained in Florida’s Constitution, Fla. Const. art. X, § 4.  There are, however, several Rules of Procedure and Florida statutes that provide Read More »

Breach Of Confidentiality Clause In Settlement Agreements

Congratulations! After months of hard fought litigation you and your attorney have settled your case and as part of the settlement the other side has agreed to pay you “six-figures.” You may be tempted to boast to your friends and family members that you brought the other side to its knees and forced a settlement.  Read More »

Fraud On The Court Dismissal Of Lawsuit And Striking Of Defenses

Litigants beware! Whether you are suing for damages as a plaintiff, or defending a lawsuit as a defendant, you better make sure you are telling the truth lest your case be dismissed, or your defenses stricken, based on “fraud on the court.” While telling the truth is an obvious proposition and central to the integrity Read More »

Motion To Disqualify Trial Judge

What do you do when you’ve just gotten underway in your case, and after a few motion hearings before the trial judge, you come to believe that the judge is biased or prejudiced against you or your attorney?  The remedy is file a motion to disqualify the judge. Do not, however, be hasty in making the Read More »

Whos Entitled To The Ring When Engagement Broken Off

It’s common knowledge that more than fifty-percent of all marriages in the U.S. end in divorce. While I couldn’t find any official statistics on the number of engagements that get broken off before marriage, I know from handling several cases that like a broken marriage, a broken engagement often pits the former fiancés against each Read More »

Florida Supreme Court Certification Of Need For Additional Judges

Although probably not timed to coincide with Christmas the Florida Supreme Court has published its annual “wish list” for additional judges in the state court system. Each year, before the next legislative session which begins in early March, the Florida Supreme Court is required under Article V, Section 9 of the Florida Constitution, to certify Read More »

Retaliatory Discharge By An Employer

The last thing an injured worker who is receiving paltry workers compensation benefits needs to hear is that he’s been fired. It’s one thing to be let go from your job because of the company’s economic need to fill your position. It’s quite another, however, to be let go simply because you filed a workers’ Read More »