Blogs & Resources

When a Purchase Money Security Interest (PMSI) trumps an existing UCC-1 blanket asset lien depends upon whether the creditor perfected its PMSI during the required time period under Florida law in order to receive priority status over previously recorded blanket liens. Under Florida law, that priority period is within twenty days of the collateral being delivered to the debtor. Fla. Stat. § 679.324(1) (2012). If the creditor fails to perfect its PMSI during the statutorily provided period, it cannot gain priority status over another creditor’s previously perfected blanket security interest. In re Alphatech Systems, Inc., 317 F.3d 1267, 1269 (11th Cir. 2003). This Blog post seeks to analyze those circumstances where a lender seeks to prime an existing UCC-1 with their PMSI.

In the face of wage claims under section 448.110, Florida Statutes, the existence of an independent contractor agreement not always dispositive in classifying an individual as an independent contractor or an employee for the purpose of a wage dispute. Courts consider a number of factors when deciding whether an individual qualifies as either an employee or independent contractor under section 448.110, and the existence of an independent contractor agreement is not dispositive, nor given much weight, in this decision.

Very often in a debt collection action, whether a breached contract, defaulted secured note or otherwise, there will be a debtor who is trying to deplete corporate assets (frequently real property) before the inevitable judgment can be rendered. Sometimes depletion isn’t intentional, it is just a byproduct of the business judgment issues that created the problem in the first place. In those circumstances where assets are being wasted, and many more, creditors should consider seeking the appointment of a state court receiver. Receivers can serve as watchdogs for the business, ensuring that status quo is maintained so that the creditors are able to recover whatever assets may remain with an orderly liquidation. In the matters we handle for lenders (and other creditors), receivers come in very handy in the active management of the collateral properties. Appointment of receivers is not a remedy for every case, however, as it often has just as many challenges associated as it does benefits. This Blog post seeks to explore those benefits and drawbacks.

The Florida Revised Limited Liability Act (the “Act”), which will become Chapter 605 of the Florida Statutes, passed unanimously in both the Florida House and Senate. The Act is effective for every new Florida LLC formed on or after July 1, 2014. For existing LLCs, the Act becomes effective on an elective basis between July 1, 2014 and January 1, 2015 and becomes mandatory as to every Florida LLC on January 1, 2015. The question all Florida LLC members want to know is, “How will this new Act affect me and my business?”

Are you a business owner experiencing parking issues on your commercial property? How about a condominium association with parking issues on residential property? In Florida, private property owners, along with their agents, have authority under the Florida Statutes to tow unauthorized vehicles off their property. Fla. Stat. § 715.07 (2012). In doing so, you want to make sure you follow Florida law or else you may be liable for certain expenses and damages.

So you finally, after months or years of litigation, obtained a massive judgment for your client. You sent written discovery, compelled return of the fact information sheet and even deposed the defendant. After all that hard work, it looks like you have come up with nothing to collect upon. But wait! Sometimes items you believe are not collectable are gems hiding in plain sight or items that logically should be there appear to be missing. Utilize these five tips when searching for assets and you may stumble upon something you would have previously overlooked.

Charles Jimerson was profiled in the Jacksonville Business Journal for his 2013 Rising Star award by Florida Super Lawyers Magazine.

Jimerson Birr, P.A. was ranked among the top Veteran-Owned businesses in the Jacksonville area, which was published by the Jacksonville Business Journal.

Jacksonville, Fla. – July 1, 2013 – The law firm of Jimerson & Cobb, P.A., is home to two shareholders receiving recognition from Florida Super Lawyers Magazine. Attorneys Charles Jimerson and Christopher Cobb were both named 2013 Rising Stars, a peer-nominated recognition designating the top attorneys in the state under […]

Featured in the June 2013 Issue Partner’s Perspective J&C Named one of the “50 Fastest Growing Companies in Northeast Florida” J&C Named One of the “Best Places to Work in Northeast Florida” J&C Attorney Now Certified in Georgia New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click […]