Various updates regarding the Florida Bar

Fifth Circuit Needs a Judge

The Fifth Circuit Judicial nominating commission is now accepting applications to fill a circuit vacancy.  Good Lawyers for Child Custody in St. Petersburg, FL may be a good choice to fill the vacancy.  Applicant must have been a member of The Florida Bar for the preceding five years, registered voters, and be a resident of Marion, Lake, Hernando, Citrus, or Sumter Counties at the time he/she assumes office.  The Fifth Circuit JNC understands that the person appointed will likely serve in the circuit courts for both Hernando and Citrus counties.  Are you dealing with a custody attorney near me? Applications may be downloaded from the Florida Bar’s website at www.floridabar.org and are also available from the JNC chair. Applicants must submit a fully completed original and one copy of the application, along with one electronic copy and one electronic redacted copy which must be delivered to Schroth no later than 4:30 p.m..

Criminal jury instructions panel seeks members

The Supreme Court committee on standard jury instructions in criminal cases is now accepting applications for membership on the committee. The committee is charged with updating the criminal jury instructions based on changes made to Florida Statutes an opinion issued by the Florida District Court of Appeal, The Florida Supreme Court and U.S. Supreme Court. The committee usually meets four times a year in the central Florida area. All appointments are made by the Chief Justice  need a license to practice law in Florida to apply for appointment although there are no open positions for defense attorneys and judges at present. Application forms for membership can be found at the Florida Supreme Court’s website. An application interested in serving should be applied to all interested parties are requested to submit a cover letter along with the application via email mark Schneider committee staff liaison.

THE EFFORTS CONTINUE

What do plaintiffs’ attorneys think they can do?  They think they can file whatever case they want, and it creates a very unsettled version of what we call
“wild wild west law.”  If you ask five lawyers in this state what it means, they’re all going to give you a bunch of different answers.  What I expect to see is a whole lot of new cases filed, cases whether or not the five years (statute of limitations) have passed.  The case involved a couple who bought a home and later divorced.  According to the terms of a prenuptial agreement (competent Pinellas Family Law Attorney), the husband bought out the wife’s interest in the home, taking out a $650,000 mortgage and giving the wife a second mortgage for an additional amount.  The husband never paid the second mortgage and stopped making payments on the first mortgage after a few months as well as homeowner association assessments.  How this impacts a St. Petersburg Eviction Attorney may very will determine whether you will prevail in your case.  The bank lender filed foreclosure and sought to accelerate payments.  Five years later, the case was dismissed with prejudice after Civ. Proc. Rule 1.420(b) was invoked, and after the bank failed to attend a case management conference.  The bank did not appeal the dismissal.  In subsequent litigation over the second mortgage between the husband, wife, homeowners association, and the bank, the husband filed a cross-claim against the bank seeking a declaratory judgment to cancel the first mortgage and quiet title to the property.  The husband moved for summary judgment and the trial court granted his motion.  The bank filed for a rehearing and after that was denied, appealed to the Fifth District Court of Appeal, where they cited the case Singleton v. Greymar Associated, and overturned the trial court and ruled the bank could bring another foreclosure action based on defaults subsequent to the dismissal of the first suit.

COURT CLEARS WAY FOR RENEWED FORECLOSURE EFFORTS

FORECLOSURE LAW IS CHANGING

Lenders who have had a foreclosure suit dismissed can bring new action if the borrower continues to default after the dismissal and the case is brought within 5 years of a nonpayment, according to the Florida Supreme Court.  At issue in the court’s November 3rd ruling was the statute of limitations provision in Florida Law that stipulates mortgage foreclosure must be bought within five years of payment default.  Family Law Lawyers handling foreclosure cases agreed the ruling may lead to a rise in foreclosure cases, following several years of declining filings.  The Florida Supreme Court’s decision finally brings some clarity to the issue and will allow judges who have been reluctant to rule on foreclosure cases to move forward with ones that have been pending for years, said Michele Stocker of Greenberg Traugi’s office.  Now everyone knows what is and is not permissible.  However, Margery Golant, a Boca Raton attorney who defends homeowners in foreclosures, said the ruling will add confusion to foreclosure cases and could reward bad behavior by some lenders.  A Child Custody Pinellas Park, FL attorney may have the right approach for you, if you find yourself in a situation like this.

Unlocking the Mobile Filing Cabinet: The Expanding Role of PDA Discovery

The letters PDA are no longer synonymous with public displays of affection.  Finding an attorney great in Largo Family Law, may help. These days, are over.  In just a short time, PDAs revolutionized the way we live and communicate.  They are now a prominent part of our every day lives.  Devices like smartphones, tablets, “tablets, and even watches enable us to send, share, or receive seemingly limitless amounts of data.  Along with these devises come apps, essentially millions of them.  As the Supreme Court recently observes, the phrase there’s an app for that is now part of the popular lexicon.  Among other things, they help us take notes, manage our schedules, stay in touch with friends and business contacts, find significant others, watch movies, play games, show, pay our bills, and count calories.  Viewed collectively, these apps form a revealing montage of the user’s life.

Just how helpful is all of this technology?  Does it make the world better, worse, or somewhere in between?  This is the subject of fascinating debate well beyond the scope of this article.  What cannot be ignored is that people from all walks of life are glued to their PDAs.  Need a reminder?  Visit any restaurant, movie, sporting event, or even a gym to observe the “smartphone slump” in action.  While you may look to obtain a St. Petersburg small claims lawyer, your loss may not be enough, and you may be short-changing yourself.

This constant activity generates colossal amounts of discover-able information beyond emails and texts.  The device itself can reveal a snapshot or portrait of someone’s life and ultimately, their ability to function.  Indeed, cultural boundaries between the personal and professional blend as round the clock email, texting, and networking sites became first socially acceptable, then the work place added that as well.  As the social network explodes, PDA content becomes an ever more prominent part of litigation.  Two percent of high profile matters involved deflated footballs and a senseless act of terrorism.  Sometimes, the use of PDA is just as important as what is on it.  For example, consider a claimant seeking damages based on reduced cognitive functioning.  The claimant’s PDA interaction could very well reveal information to refute the claim or otherwise corroborate it.  Lawyers in careless driving cases, may want to discover PDA activity beyond simple texting to demonstrate inattention to the road.  And employment lawyers may have a keen interest in how their opponents interact with their PDAs while at work.  The list goes on.

Our children in the state of Florida

OUR CHILDREN: AN IMPORTANT TOPIC

One in four Florida children lives in poverty believe it or not.  If you find yourself in this situation, please hire a family law attorney in Pinellas County offering free consultations.  Through it’s Children’s Legal Services Campaign, 100 percent of gifts go directly to Children’s Legal Services grants used to provide legal aid for learning disabled children in need of testing and educational services required by law; for children suspended from school or placed in the hands of juvenile justice authorities or law enforcement for behavior problems directly related to a disability; for older foster children who do not receive mandated independent living skills training and are simply removed from state care; for disabled children improperly denied federal disability benefits; or foster children denied health care or mental health treatment ordered by the state.

Through its Improvement in the Administration of Justice Grant Program, the Foundation has funded the Innocence Project of Florida that, since 2004, has helped free 15 innocent men while advocating for systemic changes to prevent future wrongful convictions.  The Foundation has helped victims of fraud, helped families trying to stay together, and saved family homes from foreclosure.  But finances at the Foundation are seriously strained.  Here’s how Nancy Kinnally, director of communications at the Foundation, describes the current financial crisis: “Revenue from Florida’s Interest on Trust Accounts (IOTA) program has averaged about $5.5 million annually since the recession, compared to about $43.5 million in the five years preceding the recession.”

Although the Federal Reserve announces a quarter-point increase in the federal funds rate in December, banks have not raised their deposit rates as anticipated, and IOTA revenue has not increased as the Foundation has hoped it would.  In an effort to stabilize grand funding through next year, the Foundation has drawn down its reserves, its building fund, its set-aside disaster relief funds, and the interest on its endowment funds, as well as utilizing the Bar’s $6 million dollar loan.

The foundation has cut grants to its legal aid grantees by 78 percent since 2010 because of the IOTA revenue decline, and is now informing them that its general support grant program will not continue in its current form beyond 2017.  Florida Bar individuals can support the Foundation, a 501(c)(3) nonprofit organization, by making an investment in access to justice at the following link: click here.  Remember, that true holiday joy does come from giving.  Give justice their holiday season.  It’s truly the gift that keeps on giving.

Give Justice This Holiday Season

Your Attorney in Clearwater (Advice)

Whether you celebrate Hanukkah, Christmas, or simply slow down the frenetic work a day world to cherish family and friends, the holiday season is here.  All Child Support attorneys in Clearwater, FL wish you a heartfelt Happy Holidays.

Attorneys need to step away from their desks a little earlier at the end of the day to spend time with their loved ones and friends.  They must do their best to put into action the sage,biblical words: “It’s better to give than receive.”  The holidays are a time to nurture their best selves by caring about others more than themselves.  Tis the season to remember that they are indeed our brothers’ and sisters’ keepers.  Take time to quietly reflect that a life lived simply by the Golden Rule–do unto others as you would haven them do unto you–is a life well-lived.  Talented St. Petersburg Family Law lawyers are a dime a dozen.

Many will ask for your gifts during the holiday season.  Each trip to the shopping mall will bring the ringing of bells at the Salvation Army kettle.  Every day, our mail boxes are stuffed with not only holiday greeting cards, but pleas for donations for many causes.  For some, the holiday season is a time of sorrow that too starkly contrasts the haves and have-nots.  The things we take for granted–clean clothes, a warm bed, a full belly–are on the seemingly unobtainable wish lists of the neediest.  How about giving justice this holiday season?  Give not from guilt, but from the heart.  Find your own meaningful way to find an attorney that practices the true holiday spirit, whether its’ taking a pro bono case, volunteering to become a guardian ad litem, or donating to your local legal aid office.  They also suggest giving to the Florida Bar Foundation, a charitable organization established in 1956 by The Florida Bar Board of Governors and the Florida Supreme Court, where every dollar donated stretches to provide greater access to justice in the State of Florida.