My November, December, and February posts, discussed details of homestead protection in Florida including requirements, benefits and pitfalls. If you are married, another asset protection and estate planning tool available to you is Tenants by the Entirety (“TBE”) ownership. In Florida, a married couple may own several types of property TBE, including, but
In my August post, I discussed two cases. In the Failla case, the Eleventh Circuit affirmed the District Court’s opinion that “once the debtor decides to ‘surrender’ secured property… [w]hile the debtor need not physically deliver the property to the secured party, the debtor is precluded from taking any action which would interfere with
Florida House Bill 7061 and Florida Senate Bill 1384 propose to raise the jurisdictional amount in controversy limit for county courts from $15,000 to $50,000. Not only does this change expand county court jurisdiction at the trial court level, it also means that circuit courts, rather than district courts of appeal, will have jurisdiction over
In my November and December posts, I discussed the basics regarding protection of your Florida Homestead from forced sale by creditors and some of the exceptions.
A recent decision from the Second District Court of Appeal of Florida provides a good reminder of another Florida Homestead pitfall.
The Florida Constitution, Article X, Section 4 provides
Perhaps the most significant change to the A201-2017 is the inclusion of a comprehensive insurance exhibit. Prior to the inclusion of the insurance exhibit in the 2017 update, parties to an AIA construction contract would often draft a separate insurance exhibit or rider that was reviewed and approved by their insurance agents. The new
In the case of Mantiply v. Horne (In re Horne), 876 F.3d 1076 (11th Cir. 2017) the Eleventh Circuit decided an issue of first impression in the Circuit: Whether the Bankruptcy Code authorizes payment of attorneys’ fees and costs incurred by debtors in successfully pursuing an action for damages resulting from the violation of
Please see my post, over on Fox’s In the Weeds blog, regarding a recent Florida Court decision which found part of Florida’s medical marijuana law to be, likely, unconstitutional.
Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP. Dori defends and counsels management in labor and employment litigation matters