Blogs & Resources

Attorneys are not only ethically, but lawfully obligated to keep certain divulged information confidential in furtherance of representing a client. However, issues may arise whereby certain documentation may need to be transmitted to a third party. For example, an attorney represents a homeowner’s association whose property management company is responsible for maintaining records including contracts and invoices. In the interest of acquiring discoverable records, the attorney must communicate with the management company and disclose otherwise privileged information. Is the attorney-client privilege waived if information crosses paths with the management company? The answer is no, based on a careful interpretation of the Florida statutes.

Under Florida law, it is better for an HOA to charge installment dues over the course of a year rather than allow for a lump sum payment at the beginning of each year. This is because post-petition debts, including post-petition HOA fees, are not dischargeable in a bankruptcy.

Charles Jimerson listed as “Jacksonville’s Top Lawyers” in the October 2012 issue of 904 Magazine.

Featured in the September 2012 Issue Partner’s Perspective J&C Shareholder Christopher Cobb Listed Among Top Attorneys in 904 Magazine J&C Shareholder Charles Jimerson Profiled in Realty/Builder Connection New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

For well over a century, Florida’s Constitution has made the homestead exempt from the claims of creditors. Public Health Trust v. Lopez, 531 So. 2d 946, 948 (Fla. 1988). Florida’s constitutional provisions provides one of the most debtor-friendly homestead exemptions in the country, and debtors are permitted to divert substantial assets to the purchase of new and extravagant homes that can be shielded from creditors. Florida’s Unlimited Homestead Exemption Does Have Some Limits: Part I, 77 Fla. Bar J. 60 (2003). There are, however, exceptions to the rule. This blog post will focus on one exception: the creditor’s ability to collect on homestead property located in a municipality that exceeds one-half acre.

Part II:  Contractor Defenses to Negligence Claims          Part I of this posting discussed various considerations with proving contractor negligence in Florida.  Part II of this posting will discuss defenses and hurdles in proving such negligence.  Just as the Plaintiff has the burden of proof on its negligence claim, the […]

In a Jacksonville Business Journal article titled, “Body Central shareholder files suit over stock plunge,” Charles Jimerson was asked to comment on the case.

It is well known that Offers of Judgment and Florida Courts’ interpretations of the Statute and Rule governing them are continually changing. Certainly Florida Rule of Civil Procedure 1.442 and Florida Statute § 768.79 provide the requirements for the form, language, method and timing of service of an Offer of […]

Jimerson Birr managing partner Charles Jimerson was profiled in this month’s featured section of Realty/Builder Connection in last week’s issue of the Jacksonville Business Journal.

What do you think when you hear the word “e-discovery”?  If you are thinking about CD copies of printed PDF documents and web site screen shots, you have a lot to learn.  There is so much more a simple document can tell you when you obtain it in its native format […]