Florida Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Florida
April 15, 2014 By Pohl & Short, P.A.
Occasionally unexpected issues arise that delay, or even stop, a real estate closing. There are also situations in which a Purchaser obtains title to property, and after closing learns that the property is subject to significant problems that would have been disclosed by the advice of an attorney or the review of a survey. Here are four recent examples:
Being in the military has its fair share of drawbacks. Military personnel are well aware of the fact that being in the military and serving their country comes with the possibility of being away from home for months, if not years, at a time. During times of war, men and women are gone for even longer.
Often times, custodial parents might agree that someone who doesn’t pay child support should be forced to deal with the potential consequences. For example, many people feel that any father who flees the country to avoid having to pay child support should wind up spending time behind bars. Sending the individual to jail might not be the smartest move for the family, which is the case in one situation recently.
When it comes to getting a divorce, money always comes into play when dealing with alimony, assets and especially child support. Many people are taking the necessary steps to prepare for their future in the event of a divorce.
Litigating a divorce may always be an option for Florida couples, but it isn't the only option. For couples that want an alternative, there is divorce mediation or collaborative law. It isn't always necessary to make ending a marriage an adversarial process. Sometimes, couples end up better of handling matters outside the courtroom.
Any divorce or child custody case can be difficult. Once parental responsibility is established, having a chance to spend time with the minor children is important. Nothing can replace having a presence in the growth and development of a child’s life.
Divorces can be very complex, especially when there are major financial obligations, property and debts to divide. The situation can get very messy when there is a huge financial loss at stake for one or both parties. One of the biggest myths about getting divorced is that you can pass on your debt to the other party. This is simply not true. Without question, you can divorce your spouse, but what happens to those debts that you incurred while married?
Transfer agents play a key role in the going public process. Transfer agents are the record keeper for a company’s securities when it goes public. Share ownership is reflected on the issuer’s shareholder list. In addition, transfer agents issue and cancel certificates to reflect changes in the ownership of securities and act as an intermediary for the company and its stockholders during the going public process.
Regulation D under the Securities Act of 1933,as amended (the “Securities Act”), sets forth a safe harbor from the registration statement requirements of the Securities Act for certain private placements of securities. In connection with these exemptions, offerings made in reliance upon Regulation D, Rule 504, 505 and 506 can be made to up to 35 non-accredited investors and an unlimited number of “accredited” investors.
Rule 144 (“SEC Rule 144”) under the Securities Act of 1933 (“Securities Act”) provides a safe harbor from the registration provisions of the Securities Act for resales of restricted and control securities by persons other than the issuer if all conditions of the rule are complied with.
The Securities and Exchange Commission (“SEC”), Division of Corporate Finance frequently notes disclosure deficiencies in the disclosure of reverse merger transactions in on 8-K Filed. This post summarizes SEC staff comments in response to reports on Form 8-K reporting of reverse mergers with public shell companies or similar transactions that result in a public company no longer being designated as a shell company.
Typically, foreign companies seeking to raise capital attempt to obtain public company status. Foreign companies that go public in the U.S. may complete a public offering by registering securities with the Securities and Exchange Commission (“SEC”) under the Securities Act of 1933, as amended (the “Securities Act”) or by registering a class of securities under the Securities Exchange Act of 1934 (the “Exchange Act”).
The OTCMarkets OTCQX offers foreign issuers seeking to go public in the U.S. an appealing alternative to listing on a stock exchange. Foreign issuers whose securities are listed on a foreign stock exchange that qualify for the exemption from the reporting requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”),
A private placement memorandum (“PPM”) is also referred to as a confidential offering circular or memorandum. PPM’s are typcially prepared by securities lawyers who assist private companies with their going public transactions. PPM’s are used to raise capital by selling either debt or equity in an exempt offering that has not been registered with the SEC. These exempt offerings are often called private placements.
Addressing the most common questions we receive about going public using Form S-1 and the SEC registration statement process.
Shareholders and management of private companies are often unaware of their reporting obligations upon completion of a going public transaction. Section 16(a) of the Exchange Act of 1934 (the “Exchange Act”) requires the reporting of beneficial ownership by the officers, directors and stockholders who hold stock directly or indirectly, beneficially owning more than 10% of the company’s common stock or other class of equity securities registered under Section 12(b) or 12(g) of the Exchange Act.
On July 10, 2013, the SEC adopted final rules as required by Title II of the JOBS Act, which directed the SEC to eliminate the ban on general solicitation and advertising for certain offerings conducted under Rule 506 of Regulation D, of the Securities Act of 1933, as amended (the “Securities Act”) provided the securities are sold only to accredited investors.
April 2, 2014 By Shapiro, Goldman, Babboni & Walsh
You could be forgiven for thinking messing around with health care coverage rules was the sole domain of democrats these days, but the new laws which will deeply interfere with the choices a doctor will make and options available for the seriously injured have sprung from the minds of two republican lawmakers.
March 25, 2014 By Gould Cooksey Fennell, P.A.
In recent years, there has been a significant increase nationwide in the number of mergers between large Catholic-run hospitals and smaller secular hospitals. This phenomenon is largely due to provisions in the new healthcare law requiring more efficiently-run medical facilities. However, these mergers force many patients, particularly women, to face an uphill battle when seeking out important medical treatments associated with reproductive health.
March 20, 2014 By Law Office of James Davis, PA
There are many reasons as to why you were in possession of the property and why you would have never stolen it.
March 19, 2014 By Law Office of James Davis, PA
The main center of the criminal justice system is that all persons are innocent until proven guilty, beyond a reasonable doubt. In other words, the only way you can be found guilty is if prosecution is able to prove it.
March 19, 2014 By Law Office of James Davis, PA
Reports of drugs having washed up on the shores has been going on for many years. Just in the last 20 years, major headlines have been made by the billions of drugs that have been confiscated - and this is just the drugs that are found.
March 7, 2014 By Lawlor Winston White & Murphey
So how do you know what’s covered and by which policy? That will mainly depend on the specific wording in your policy, but there are some features that are pretty much the same in all cases. Here’s a basic breakdown of flood and water damage insurance.
March 3, 2014 By Pohl & Short, P.A.
This article reviews some of the issues addressed in a standard Owner/Design Professional Agreement, outlines concerns from the Design Professional’s perspective, and discusses how the Design Professional can reduce liability on a project and ensure equitable adjustments to the contract price and schedule for changed or additional design services. The agreement contemplated by this article is one to be used as part of a traditional design-bid-build approach.
February 25, 2014 By Slootsky, Perez & Braxton
While cities and states should obviously work to improve signs and barriers around any areas that have been a problem site for wrong way accidents, it seems clear that the best way to stop wrong way accidents is to stop drunk driving.
February 24, 2014 By Law Office of James Davis, PA
Drunk Driving accidents are continuing to occur. What you may not know is that you can be held criminally liable for a death even if you are not physically at the scene of the crime.
When Florida parents of asthmatic children are going through a dissolution of their marriage the circuit courts must approve a parenting plan which provides for emergency medical care and medical decision making as it relates to the minor asthmatic child.
No conscientious parent would allow their special needs child with Attention Deficit Hyperactive Disorder( ADHD) to be abused in a Florida dissolution of marriage case paternity case or complex custody matter. If you have a sense that your special needs child with Attention Deficit Hyperactive Disorder (ADHD) is the subject of abuse then you must address that issue with your Florida family lawyer.
Post-Dissolution of Marriage Considerations for Special Needs Children Subject to Parenting Plan Litigation
In order to properly address the issues that will be facing parents of special needs children following the dissolution of a Fort Lauderdale Florida marriage it is imperative that the litigating parties either employ a Broward County special needs divorce attorney or make their Fort Lauderdale dissolution of marriage attorney aware of those certain and uniquely specific realities that effect their child and impair their ability to parent, support and time share for that child.
February 14, 2014 By Law Office of James Davis, PA
It is a serious crime that is punishable with a long jail sentence to carry a concealed weapon in the State of Florida. But, there are ways to legally carry a firearm in Florida, which will keep you from being arrested and thrown in jail.
February 14, 2014 By Law Office of James Davis, PA
Usually when people think about “resisting arrest” they imagine a suspect physically resisting the arresting officer who try to restrain them. It should surprise no one that this act is illegal and comes with additional charges. You may not be aware that a person can face resisting arrest charges whether they touch the officer or not.
February 14, 2014 By Luhresn Law Group
Based on the valuable evidence dash cams have provided in recent years, it’s interesting that more vehicles don’t have them. Because they’re a relatively new phenomenon, there are no US laws regulating dash cams, and while many commercial truckers use them, it’s not required.
February 13, 2014 By Law Office of James Davis, PA
It is considered a serious crime to carry a concealed weapon in Florida, a crime punishable by a long prison sentence. However, there are ways you can carry a firearm in Florida legally so as not to subject you to getting arrested and put in jail. If you live in Florida and own a firearm, it is vital that you know and understand how and when you can carry your firearm without being arrested.
February 4, 2014 By Lawlor Winston White & Murphey
As with California State Route 138, the major problem with U.S. 431 in Alabama is that it consisted mostly of two narrow lanes until 2010 and had dense traffic. The good news is that the highway was expanded to four lanes from Phenix City to Dothan.
January 30, 2014 By Slootsky, Perez & Braxton
Chances are, you’ve slipped or tripped and started to fall but caught yourself—or maybe fell but didn’t seriously injure yourself—sometime in the last year. Everyone has those moments, and usually you can just laugh them off as a moment of clumsiness and move on.
January 21, 2014 By Slootsky, Perez & Braxton
If you were paying attention to the news over the holidays, you probably heard a number of stories about downed power lines and even utility poles and how they were wreaking havoc by cutting off electricity for people.
January 12, 2014 By Pohl & Short, P.A.
John Smith and Michael Jones are two friends who enjoy fixing and remodeling homes. They decide to go into business together, to buy distressed properties through foreclosure sales, to repair and remodel them, and then to sell the remodeled homes for a profit. They shake hands and agree to proceed, with each contributing one half of all expenses, and with each sharing one half of the profits. John Smith then comes to me for advice.
December 16, 2013 By Law Office of James Davis, PA
In a press release recently by the FDHS the Florida Department of Highway Safety and Motor Vehicles, there has been an increase in fatal hit and run auto accidents within the past two years in Florida.
December 13, 2013 By Ferrer Shane, PL
A watchful eye may be the better alternative to no eye at all in a situation where abuse of elderly or otherwise vulnerable residents is known to happen.
December 12, 2013 By Law Offices of James O. Cunningham, P.A.
Perhaps one of the most prolific – and horrendous – cruise ship accidents in recent memory was the January 2012 sinking of the Costa Concordia. When the ship ran aground off the cost of Italy, 4,200 passengers and crew members were forced to evacuate. Unfortunately, dozens of passengers were injured and a yet-still-unknown number killed.
December 7, 2013 By Ferrer Shane, PL
In order to find ways to prevent terrible acts of violence from guns, and to reconcile those acts with our deeply-ingrained gun culture, we must first make steps to understand that culture.
December 3, 2013 By Law Offices of Jason Turchin
A life insurance company got a letter from an elderly lady. It read, “I’m sorry, but I have to cancel my husband’s life insurance policy. He died last year and I cannot afford to continue paying his premiums.” Joking aside, life insurance companies often look for reasons not to pay claims whenever possible.
November 25, 2013 By Mena Law Firm
By working together on litigating insurance claims, public adjusters and attorneys can obtain beneficial outcomes for their client. In their partnership, each will use their unique skill set to recover the maximum possible compensation for the claimant.
November 15, 2013 By Ferrer Shane, PL
Three of the ten deadliest jobs in America are construction-related. Roofers are no. 4 on the list, followed by structural iron and steel workers at no. 5 and construction laborers at no. 10.
November 1, 2013 By Ferrer Shane, PL
Brain injuries aren’t just the NFL’s problem, but if a concussion is one type of TBI, it’s downright irresponsible to “minimize the dangers” of having a concussion.
October 31, 2013 By Elayne M. Perez, PA
Predatory lending encompasses a wide range of deceptive and unfair practices. Learn how you can avoid the lending scams that will put your home at risk of foreclosure.
October 30, 2013 By Ferrer Shane, PL
If a pit bull or rottweiler has a bad moment, instead of being bitten, often someone is maimed or killed; that has now created off-the-chart actuarial risk.
October 28, 2013 By Panter, Panter & Sampedro, P.A.
While, Halloween is one of the more festive holidays, there are quite a few risks that can be easily addressed and prevented. Here are some tips for a perfect, kid-friendly Halloween.
October 23, 2013 By Attorneys Dell & Schaefer
In an ERISA disability lawsuit against Boston Mutual, Federal Judge upholds decision to deny Southside Machine Works employee’s long term disability benefits.
October 3, 2013 By Pohl & Short, P.A.
A grant of an easement by a property owner can often resolve disputes between neighbors resulting from encroachments of fences, driveways, and roof overhangs by one property owner onto another person’s property. An easement is a formal grant of permission by an owner of land in favor of the owner of a second parcel of land, which grants the second parcel owner the legal right to cross over and/or to utilize a portion of the first parcel owner’s land.