Index to Vol. 87 of The Florida Bar Journal (2013)
Author Index
A
Adams, Carla-Michelle
Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms D 48
Adler, Andrew L.
Retaining Federal Jurisdiction Over Settlement Agreements After Shaz Ap 20
Albrecht, Bretton C.
Fee Simple: A Procedural Primer on Appellate Attorneys’ Fees and Costs F 24
Amitrano, Scott S.
Elimination of Florida Terms of Court and Its Effect on Appellate Mandates N 26
Arline, Terrell K.
The Dissolution of the Town of Cedar Grove My 25
Atkins, Wayne R.
What Are My Chances? Federal Courts of Appeal by the Numbers Ja 31
B
Baker, Keri-Ann C.
The Importance of the Water-Energy Nexus in Florida’s Future My 45
Barboza, Annabella
Code Liens Are Not “Superpriority” Liens: Is It the End of the Debate? S/O 28
Barrett, James H.
The Benefits of Tax Planning as Part of the Acquisition of an International Business Ja 40
Behn, Seth C.
The Importance of the Water-Energy Nexus in Florida’s Future My 45
Blackwell, Alice L.
Tort and Contract Actions: Strange Bedfellows No More in the Wake of Tiara Condominium D 41
Borkosky, Bruce G.
Florida’s Psychotherapist-Patient Privilege in Family Court My 35
Bowman, Scott Andrew
It’s 2013: Now What? Mr 31
Boyette, David L.
Whose Shoes to Use: Achieving a Subrogation Footing in the Wave of Foreclosures Ja 8
Brawer, Marc H.
The Intersection of F.S. §55.03 and Florida Family Law: Statutory Interest Calculations for Past-due Support Payments Jy/Ag 54
Brody, Carl E., Jr.
Prompt Judicial Review of Administrative Decisions: Providing Due Process in Unsure Waters Ap 32
C
Carson, Giselle
Breaking It All Down: Employers’ Sanctions Under Immigration Law and OCAHO Litigation S/O 38
Chisenhall, Gar
Writing and Challenging Emergency Orders, Part I Ap 41
Part II My 41
Cohen, Marcia S.
The Mediation Privilege Ap 14
Conti, Louis T. M.
Florida’s New Revised LLC Act, Part I S/O 52
Part II N 47
Cooke, Jodi Daniel
Recent Amendments to Ch. 727 Will Streamline Various Aspects of Assignments for the Benefit of Creditors Jy/Ag 34
Cosentino, Amy L.
“She Said What?” What To Do in Civil Domestic Violence Proceedings with Child Hearsay S/O 42
Coyle, Daniel M.
When a Lender Fails, a Borrower’s Litigation Defenses May Be “( D’Oench ) Duhmed ” Ja 20
Crews, Kevin
E-filing from the Local Coffee Shop: A Practical Look into Confidentiality, Technology, and the Practice of Law Je 82
Cummingham, F. Malcolm, Jr.
Picking Cotton: Ordinary Business Records Doctrine as Applied to Insurer’s Privilege Claims My 12
D
Dennis, Jerrold R.
Crossing the Line: Border Searches at Florida’s International Airports N 8
Dudley, Fred R.
The Importance and Proper Use of Administrative Declaratory Statements Mr 41
Dunbar, Peter M.
Partial Termination, Good Things Can Happen to Bad Projects Mr 47
E
Eriksen, Michael D.
The 1920 Death on the High Seas Act: A Remedy Whose Time Has Gone Mr 22
F
Fischer, Amy L.
Picking Cotton: Ordinary Business Records Doctrine as Applied to Insurer’s Privilege Claims My 12
Forte, Michael L.
Admissibility of High-low Agreements in Multi-defendant Litigation D 26
G
Gart, Carol A.
Orders on Motions to Dismiss for Failure to State a Cause of Action — When Are They Final for Purposes of Filing Notice of Appeal? S/O 24
Gibbs, J. Evan
Mooting the Mootness Issue as Moot?: Symczyk ’s Impact on FLSA Litigation in Florida and Beyond Jy/Ag 38
Grimm, Carly
Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise N 29
Grossman, Gregory S.
When a Lender Fails, a Borrower’s Litigation Defenses May Be “( D’Oench ) Duhmed ” Ja 20
H
Hadjilogiou, Steven
The Benefits of Tax Planning as Part of the Acquisition of an International Business Ja 40
Harkness, John F., Jr.
In Memoriam: Wm. Reece Smith, Jr.: Professional, Mentor, and Champion of Pro Bono Legal Service Mr 8
Harrison, R. Craig
Trusts: TBE or Not TBE My 30
Higgins, Robert F.
Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry Ja 26
Haugen, Anna
Broadening Horizons: The Unnecessary Limitations of Florida’s Collateral Crimes Jury Instructions D 20
J
Jacob, Bruce R.
Fifty Years Later: Memories of Gideon v. Wainwright Mr 10
Jarvis, Robert M.
The Missing Client: An Ethical Quagmire F 8
K
Kain, Robert C.
Federal Computer Fraud and Abuse Act: Employee Hacking Legal in California and Virginia, But Illegal in Miami, Dallas, Chicago, and Boston Ja 36
Karibjanian, George D.
Morey v. Everbank : Three Drafting Tips to Avoid a Troubling Decision Jy/Ag 45
Kaur, Gurjot
A Case of Neglect? Representation for Children in the Florida Dependency System Je 94
Kelly, Kevin
The Manifestation Rule in Florida: Has Death Knelled? Jy/Ag 22
Kightlinger, Wilhelmina F.
Partial Termination, Good Things Can Happen to Bad Projects Mr 47
Kruler, Nadia E.
Tax Planning for Cross-border Endorsement Payments to Professional U.S. Athletes S/O 47
L
Lamont, Michael S.
Proposed Legislation to Shield Charities from Fraudulent Conveyance Claims Provides Unnecessary Relief and Harms Fraud Victims Ap 45
Leiby, Larry R.
The Subcontract Contingent Payment Clause: How Does It Affect the Construction Industry? F 44
Lewis, Richard Q., III
Are Tax Expenditures Reaching Their Goals? A View from the Fiscal Cliff Ap 28
Lioce, Domenick R.
Captive Insurance Companies: Florida Enters the Arena Jy/Ag 51
M
Maglich, Jordan D.
Proposed Legislation to Shield Charities from Fraudulent Conveyance Claims Provides Unnecessary Relief and Harms Fraud Victims Ap 45
Manz, David L.
The Marital Share of Passive Appreciation of Nonmarital Property: Deconstructing Kaaa for a Better Solution F 38
Marks, Gregory M.
Florida’s New Revised LLC Act, Part I S/O 52
Part II N 47
Martin, Susan Roeder
New Environmental Resource Permit Rules S/O 34
Meale, Robert E.
Field Notes on the Establishment of Administrative Child Support N 52
Menor, Arthur J.
Landlord Protection Against Construction Liens Arising from Work Performed by Tenants Je 91
Monk, Brian M.
A Wrinkle in Time: Personal Jurisdiction’s Evolution — Pleading, Proving, and Defending Personal Jurisdiction Issues N 16
Munyon, Lisa T.
Tort and Contract Actions: Strange Bedfellows No More in the Wake of Tiara Condominium D 41
P
Pegg, Christopher
Rethinking I.R.C. §2701 in the Era of Large Gift Tax Exemptions N 34
Peterson, David E.
Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry Ja 26
Pettis, Eugene K.
A Call to Action Jy/Ag 4
The Clarion Call — What if No One Answers? S/O 4
The Interconnectivity of Justice D 4
Vision 2016 — Destination: Future N 4
Pohl, Beverly A.
The Right to Recover “Fees for Fees” Based on a Contractual Prevailing Party Fee Provision Ap 8
Pratt, David
It’s 2013: Now What? Mr 31
Presswood, Kendra D.
Interpreting the Florida Civil Rights Act of 1992 D 36
Pudlow, Jan
Gideon’s Legacy: Exonerating the Innocent Mr 18
Eugene K. Pettis — First African-American President of The Florida Bar Jy/Ag 8
R
Rabinowitz, Adam G.
The Right to Recover “Fees for Fees” Based on a Contractual Prevailing Party Fee Provision Ap 8
Reiss, Jerry
The Intersection of F.S. §55.03 and Florida Family Law: Statutory Interest Calculations for Past-due Support Payments Jy/Ag 54
Rizzardi, Keith W.
Redefining Professionalism? Florida’s Code Mandating the Aspirational Raises Challenging Questions N 39
Rosen, Marisa E.
A Civil Litigator’s Guide to the Privilege Against Self-incrimination in Florida’s State and Federal Courts D 8
Rubinger, Jeffrey L.
Tax Planning for Cross-border Endorsement Payments to Professional U.S. Athletes S/O 47
Rumbold, Christopher W.
A Phantom Menace: SB 58/HB 351 and the Application of Foreign Law in Florida’s Family Courts N 43
Ruppert, Thomas
Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise N 29
Ryan, Michael
Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry Ja 26
S
Samuels, Leonard K.
Winning Trade Secrets Claims: When and How the Preemption Provision of Florida’s Uniform Trade Secrets Act Applies Je 86
Sarlo, Paul
Tort and Contract Actions: Strange Bedfellows No More in the Wake of Tiara Condominium D 41
Scharf, Erik W.
What Are My Chances? Federal Courts of Appeal by the Numbers Ja 31
Seger, Andrew J.
Marching Orders: When to Tell Your Boss “No” F 34
Sessums, Mark A.
A Wrinkle in Time: Personal Jurisdiction’s Evolution — Pleading, Proving, and Defending Personal Jurisdiction Issues N 16
Seymour, Nicole
Rethinking I.R.C. §2701 in the Era of Large Gift Tax Exemptions N 34
Share, Leslie A.
Identifying and Reporting the Proper Taxpayer in International Structures D 44
Sheehy, Frances D.
The Right to Intervene in Innocent Spouse Cases Disappears When the Affirmative Defense of Innocent Spouse Is Withdrawn F 30
Shields, David G.
Slot Machines in Florida? Wait a Minute S/O 8
Sill, Kyle B.
Broadening Horizons: The Unnecessary Limitations of Florida’s Collateral Crimes Jury Instructions D 20
Soles, Gary
Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry Ja 26
Stubbs, Jerald D.
The 2009 Amendment Expands the Types of Fraud Subject to the Federal False Claims Act F 16
T
Taft, Eleanor W.
Partial Termination, Good Things Can Happen to Bad Projects Mr 47
Tevel, Sean
The Benefits of Tax Planning as Part of the Acquisition of an International Business Ja 40
Thomas, Mark S.
Florida’s Psychotherapist-Patient Privilege in Family Court My 35
Thomas, Tyler L.
“Certifying” Documents via Third-party Software: Binding on the Court? S/O 18
Toth, Brian W.
Retaining Federal Jurisdiction Over Settlement Agreements After Shaz Ap 20
V
Van Ness, J. Anthony
Implied and Constructive Notice: Title Search Fallibility and the Rigidity of the Constructive Notice Doctrine Ap 37
W
Wallace, Douglas A.
The Impact of a Bankruptcy Filing on a Pending Appellate Proceeding Mr 37
Weber, Steven D.
Winning Trade Secrets Claims: When and How the Preemption Provision of Florida’s Uniform Trade Secrets Act Applies Je 86
Weinstein, Morgan L.
Implied and Constructive Notice: Title Search Fallibility and the Rigidity of the Constructive Notice Doctrine Ap 37
Wells, Kevin T.
Partial Termination, Good Things Can Happen to Bad Projects Mr 47
Wiand, Burton W.
Proposed Legislation to Shield Charities from Fraudulent Conveyance Claims Provides Unnecessary Relief and Harms Fraud Victims Ap 45
Wohlsifer, William R.
“Certifying” Documents via Third-party Software: Binding on the Court? S/O 18
Y
Yagoda, Jay A.
Early Appellate Remedies: Partial Final Judgments D 30
Young, Gwynne A.
Aging Gracefully F 4
Brave New e-World Ap 4
Gideon ’s Promise Mr 4
It Was a Very Good Year Je 4
Thinking About Tomorrow’s Lawyers Today My 4
We Must Protect Investments in the Judiciary Ja 4
Subject Index
A
Absentee
The Missing Client: An Ethical Quagmire F 8
Administrative Law
Field Notes on the Establishment of Administrative Child Support N 52
Practice Pointers for Administrative Hearings: Use of Exhibits Jy/Ag 32
Practice Tips for Private Attorneys New to Administrative Law S/O 61
The Importance and Proper Use ofAdministrative Declaratory Statements Mr 41
Writing and Challenging Emergency Orders, Part I Ap 41
Part II My 41
Aging Lawyers
Aging Gracefully F 4
Annual Reports
Annual Reports of Committees of The Florida Bar Je 36
Annual Reports of Sections and Divisions of The Florida Bar Je 8
Appellate Practice
Early Appellate Remedies: Partial Final Judgments D 30
Elimination of Florida Terms of Court and its Effect on Appellate Mandates N 26
Fee Simple: A Procedural Primer on Appellate Attorneys’ Fees and Costs F 24
Orders on Motions to Dismiss for Failure to State a Cause of Action — When Are They Final for Purposes of Filing Notice of Appeal? S/O 24
The Impact of a Bankruptcy Filing on a Pending Appellate Proceeding Mr 37
What Are My Chances? Federal Courts of Appeal by the Numbers Ja 31
Writing and Challenging Emergency Orders, Part I Ap 41
Part II My 41
Athletes
Tax Planning for Cross-border Endorsement Payments to Professional U.S. Athletes S/O 47
Attorneys’ Fees
Fee Simple: A Procedural Primer on Appellate Attorneys’ Fees and Costs F 24
The Right to Recover “Fees for Fees” Based on a Contractual Prevailing Party Fee Provision Ap 8
Automatic Stay
The Impact of a Bankruptcy Filing on a Pending Appellate Proceeding Mr 37
B
Bankruptcy
The Impact of a Bankruptcy Filing on a Pending Appellate Proceeding Mr 37
Border Searches
Crossing the Line: Border Searches at Florida’s International Airports N 8
Business Law
Federal Computer Fraud and Abuse Act: Employee Hacking Legal in California and Virginia, But Illegal in Miami, Dallas, Chicago, and Boston Ja 36
Florida’s New Revised LLC Act, Part I S/O 52
Part II N 47
Proposed Legislation to Shield Charities from Fraudulent Conveyance Claims Provides Unnecessary Relief and Harms Fraud Victims Ap 45
Recent Amendments to Ch. 727 Will Streamline Various Aspects of Assignments for the Benefit of Creditors Jy/Ag 34
The Benefits of Tax Planning as Part of the Acquisition of an International Business Ja 40
Winning Trade Secrets Claims: When and How the Preemption Provision of Florida’s Uniform Trade Secrets Act Applies Je 86
C
Cause of Action
Orders on Motions to Dismiss for Failure to State a Cause of Action — When Are They Final for Purposes of Filing Notice of Appeal? S/O 24
Cedar Grove, Town of
The Dissolution of the Town of Cedar Grove My 25
Child Abuse
A Case of Neglect? Representation for Children in the Florida Dependency System Je 94
“She Said What?” What To Do in Civil Domestic Violence Proceedings with Child Hearsay S/O 42
Child Support
Field Notes on the Establishment of Administrative Child Support N 52
Civil
Retaining Federal Jurisdiction Over Settlement Agreements After Shaz Ap 20
Civil Rights
Interpreting the Florida Civil Rights Act of 1992 D 36
Clients
The Missing Client: An Ethical Quagmire F8
Collective Actions
Mooting the Mootness Issue as Moot?: Symczyk ’s Impact on FLSA Litigation in Florida and Beyond Jy/Ag 38
Communications
The Mediation Privilege Ap 14
Construction
Landlord Protection Against Construction Liens Arising from Work Performed by Tenants Je 91
Partial Termination, Good Things Can Happen to Bad Projects Mr 47
The Manifestation Rule in Florida: Has Death Knelled? Jy/Ag 22
Constructive Notice
Implied and Constructive Notice: Title Search Fallibility and the Rigidity of the Constructive Notice Doctrine Ap 37
Contracts
Tort and Contract Actions: Strange Bedfellows No More in the Wake of Tiara Condominium D 41
Court Costs
Fee Simple: A Procedural Primer on Appellate Attorneys’ Fees and Costs F 24
D
Damages
The 1920 Death on the High Seas Act: A Remedy Whose Time Has Gone Mr 22
Debt
Morey v. Everbank : Three Drafting Tips to Avoid a Troubling Decision Jy/Ag 45
Declaratory Statements
The Importance and Proper Use ofAdministrative Declaratory Statements Mr 41
Department of Homeland Security
Breaking It All Down: Employers’ Sanctions Under Immigration Law and OCAHO Litigation S/O 38
Discovery
Picking Cotton: Ordinary Business Records Doctrine as Applied to Insurer’s Privilege Claims My 12
Recent Amendments to Ch. 727 Will Streamline Various Aspects of Assignments for the Benefit of Creditors Jy/Ag 34
Discrimination
Interpreting the Florida Civil Rights Act of 1992 D 36
Divorce
The Marital Share of Passive Appreciation of Nonmarital Property: Deconstructing Kaaa for a Better Solution F 38
D’Oench Duhme Doctrine
When a Lender Fails, a Borrower’s Litigation Defenses May Be “( D’Oench ) Duhmed ” Ja 20
Due Process
A Wrinkle in Time: Personal Jurisdiction’s Evolution — Pleading, Proving, and Defending Personal Jurisdiction Issues N 16
Prompt Judicial Review of Administrative Decisions: Providing Due Process in Unsure Waters Ap 32
Writing and Challenging Emergency Orders, Part I Ap 41
Part II My 41
E
E-Filing
Brave New e-World Ap 4
E-filing from the Local Coffee Shop: A Practical Look into Confidentiality, Technology, and the Practice of Law Je 82
Elder Law
Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms D 48
Emergency Orders
Writing and Challenging Emergency Orders, Part I Ap 41
Part II My 41
Employment Law
Breaking It All Down: Employers’ Sanctions Under Immigration Law and OCAHO Litigation S/O 38
Federal Computer Fraud and Abuse Act: Employee Hacking Legal in California and Virginia, But Illegal in Miami, Dallas, Chicago, and Boston Ja 36
Interpreting the Florida Civil Rights Act of 1992 D 36
Marching Orders: When to Tell Your Boss “No” F 34
Mooting the Mootness Issue as Moot?: Symczyk ’s Impact on FLSA Litigation in Florida and Beyond Jy/Ag 38
Endorsements
Tax Planning for Cross-border Endorsement Payments to Professional U.S. Athletes S/O 47
Energy Production
The Importance of the Water-energy Nexus in Florida’s Future My 45
Environmental Law
Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise N 29
New Environmental Resource Permit Rules S/O 34
The Importance of the Water-energy Nexus in Florida’s Future My 45
Estate Planning
It’s 2013: Now What? Mr 31
Rethinking I.R.C. §2701 in the Era of Large Gift Tax Exemptions N 34
Trusts: TBE or Not TBE My 30
Ethics
The Missing Client: An Ethical Quagmire F 8
Evidence
Broadening Horizons: The Unnecessary Limitations of Florida’s Collateral Crimes Jury Instructions D 20
A Wrinkle in Time: Personal Jurisdiction’s Evolution — Pleading, Proving, and Defending Personal Jurisdiction Issues N 16
“Certifying” Documents via Third-party Software: Binding on the Court? S/O 18
The Mediation Privilege Ap 14
F
False Claims
The 2009 Amendment Expands the Types of Fraud Subject to the Federal False Claims Act F 16
Family Law
A Case of Neglect? Representation for Children in the Florida Dependency System Je 94
A Phantom Menace: SB 58/HB 351 and the Application of Foreign Law in Florida’s Family Courts N 43
Florida’s Psychotherapist-Patient Privilege in Family Court My 35
“She Said What?” What To Do in Civil Domestic Violence Proceedings with Child Hearsay S/O 42
The Intersection of F.S. §55.03 and Florida Family Law: Statutory Interest Calculations for Past-due Support Payments Jy/Ag 54
The Marital Share of Passive Appreciation of Nonmarital Property: Deconstructing Kaaa for a Better Solution F 38
Federal Courts
Retaining Federal Jurisdiction Over Settlement Agreements After Shaz Ap 20
What Are My Chances? Federal Courts of Appeal by the Numbers Ja 31
Federal Government
Are Tax Expenditures Reaching Their Goals? A View from the Fiscal Cliff Ap 28
Federal Law
The 2009 Amendment Expands the Types of Fraud Subject to the Federal False Claims Act F 16
Fifth Amendment
A Civil Litigator’s Guide to the Privilege Against Self-incrimination in Florida’s State and Federal Courts D 8
First Amendment
Prompt Judicial Review of Administrative Decisions: Providing Due Process in Unsure Waters Ap 32
Fiscal Cliff
Are Tax Expenditures Reaching Their Goals? A View from the Fiscal Cliff Ap 28
Florida Guardian ad Litem Program
A Case of Neglect? Representation for Children in the Florida Dependency System Je 94
Foreclosure
Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry Ja 26
Whose Shoes to Use: Achieving a Subrogation Footing in the Wave of Foreclosures Ja 8
Foreign Law
A Phantom Menace: SB 58/HB 351 and the Application of Foreign Law in Florida’s Family Courts N 43
Fourth Amendment
Crossing the Line: Border Searches at Florida’s International Airports N 8
Fraud
Proposed Legislation to Shield Charities from Fraudulent Conveyance Claims Provides Unnecessary Relief and Harms Fraud Victims Ap 45
The 2009 Amendment Expands the Types of Fraud Subject to the Federal False Claims Act F 16
Freeze Partnership
Rethinking I.R.C. §2701 in the Era of Large Gift Tax Exemptions N 34
G
Gambling
Slot Machines in Florida? Wait a Minute S/O 8
Gideon v. Wainwright
Fifty Years Later: Memories of Gideon v. Wainwright Mr 10
Gideon’s Legacy: Exonerating the Innocent Mr 18
Gideon ’s Promise Mr 4
Government Law
Redefining Professionalism? Florida’s Code Mandating the Aspirational Raises Challenging Questions N 39
Guardianship
Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms D 48
H
Hawkins Commission
Aging Gracefully F 4
I
Immigration
Breaking It All Down: Employers’ Sanctions Under Immigration Law and OCAHO Litigation S/O 38
Innocence Project
Gideon’s Legacy: Exonerating the Innocent Mr 18
Innocent Spouse
The Right to Intervene in Innocent Spouse Cases Disappears When the Affirmative Defense of Innocent Spouse Is Withdrawn F 30
Insurance
Captive Insurance Companies: Florida Enters the Arena Jy/Ag 51
Morey v. Everbank : Three Drafting Tips to Avoid a Troubling Decision Jy/Ag 45
The Manifestation Rule in Florida: Has Death Knelled? Jy/Ag 22
I nsurer’s Privilege
Picking Cotton: Ordinary Business Records Doctrine as Applied to Insurer’s Privilege Claims My 12
Internal Revenue Service
Captive Insurance Companies: Florida Enters the Arena Jy/Ag 51
Identifying and Reporting the Proper Taxpayer in International Structures D 44
International Law
Identifying and Reporting the Proper Taxpayer in International Structures D 44
The Benefits of Tax Planning as Part of the Acquisition of an International Business Ja 40
J
Judges/Judiciary
Elimination of Florida Terms of Court and its Effect on Appellate Mandates N 26
It Was a Very Good Year Je 4
The Interconnectivity of Justice D 4
We Must Protect Investments in the Judiciary Ja 4
Jury Instructions
Broadening Horizons: The Unnecessary Limitations of Florida’s Collateral Crimes Jury Instructions D 20
L
Landlord/Tenant
Landlord Protection Against Construction Liens Arising from Work Performed by Tenants Je 91
Leadership Academy
A Call to Action Jy/Ag 4
Eugene K. Pettis — First African-American President of The Florida Bar Jy/Ag 8
Legislation
A Phantom Menace: SB 58/HB 351 and the Application of Foreign Law in Florida’s Family Courts N 43
Florida’s New Revised LLC Act, Part I S/O 52
Part II N 47
Proposed Legislation to Shield Charities from Fraudulent Conveyance Claims Provides Unnecessary Relief and Harms Fraud Victims Ap 45
Recent Amendments to Ch. 727 Will Streamline Various Aspects of Assignments for the Benefit of Creditors Jy/Ag 34
The Intersection of F.S. §55.03 and Florida Family Law: Statutory Interest Calculations for Past-due Support Payments Jy/Ag 54
Lending
When a Lender Fails, a Borrower’s Litigation Defenses May Be “( D’Oench ) Duhmed ” Ja 20
Liability
The Manifestation Rule in Florida: Has Death Knelled? Jy/Ag 22
Lien
Code Liens Are Not “Superpriority” Liens: Is It the End of the Debate? S/O 28
Limited Liability Corporations
Florida’s New Revised LLC Act, Part I S/O 52
Part II N 47
Litigation
A Civil Litigator’s Guide to the Privilege Against Self-incrimination in Florida’s State and Federal Courts D 8
Admissibility of High-low Agreements in Multi-defendant Litigation D 26
Field Notes on the Establishment of Administrative Child Support N 52
The Right to Recover “Fees for Fees” Based on a Contractual Prevailing Party Fee Provision Ap 8
When a Lender Fails, a Borrower’s Litigation Defenses May Be “( D’Oench ) Duhmed ” Ja 20
Local Government
Code Liens Are Not “Superpriority” Liens: Is It the End of the Debate? S/O 28
Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise N 29
Prompt Judicial Review of Administrative Decisions: Providing Due Process in Unsure Waters Ap 32
The Dissolution of the Town of Cedar Grove My 25
M
Maritime Law
The 1920 Death on the High Seas Act: A Remedy Whose Time Has Gone Mr 22
Mediation
The Mediation Privilege Ap 14
Mentor
A Call to Action Jy/Ag 4
Merit Retention
It Was a Very Good Year Je 4
Motions to Dismiss
Orders on Motions to Dismiss for Failure to State a Cause of Action — When Are They Final for Purposes of Filing Notice of Appeal? S/O 24
Municipal Dissolution
The Dissolution of the Town of Cedar Grove My 25
N
Nonmarital Property
The Marital Share of Passive Appreciation of Nonmarital Property: Deconstructing Kaaa for a Better Solution F 38
Nonpayment
The Subcontract Contingent Payment Clause: How Does It Affect the Construction Industry? F 44
P
Partial Final Judgements
Early Appellate Remedies: Partial Final Judgments D 30
Partial Termination
Partial Termination, Good Things Can Happen to Bad Projects Mr 47
Personal Jurisdiction
A Wrinkle in Time: Personal Jurisdiction’s Evolution — Pleading, Proving, and Defending Personal Jurisdiction Issues N 16
Pleadings
The Importance and Proper Use of Administrative Declaratory Statements Mr 41
President, The Florida Bar
A Call to Action Jy/Ag 4
Aging Gracefully F 4
Brave New e-World Ap 4
Eugene K. Pettis — First African-American President of The Florida Bar Jy/Ag 8
Gideon’s Promise Mr 4
It Was a Very Good Year Je 4
The Clarion Call — What if No One Answers? S/O 4
The Interconnectivity of Justice D 4
Thinking About Tomorrow’s Lawyers Today My 4
Vision 2016 — Destination: Future N 4
We Must Protect Investments in the Judiciary Ja 4
Pro Bono
In Memoriam: Wm. Reece Smith, Jr. : Professional, Mentor, and Champion of Pro Bono Legal Service Mr 8
The Clarion Call — What if No One Answers? S/O 4
Vision 2016 — Destination: Future N 4
Professionalism
Marching Orders: When to Tell Your Boss “No” F 34
In Memoriam: Wm. Reece Smith, Jr.: Professional, Mentor, and Champion of Pro Bono Legal Service Mr 8
Redefining Professionalism? Florida’s Code Mandating the Aspirational Raises Challenging Questions N 39
The Clarion Call — What if No One Answers? S/O 4
Psychotherapist-Patient Privilege
Florida’s Psychotherapist-Patient Privilege in Family Court My 35
R
Real Property
Identifying and Reporting the Proper Taxpayer in International Structures D 44
Implied and Constructive Notice:Title Search Fallibility and the Rigidity of the Constructive Notice Doctrine Ap 37
Landlord Protection Against Construction Liens Arising from Work Performed by Tenants Je 91
Partial Termination, Good Things Can Happen to Bad Projects Mr 47
The Subcontract Contingent Payment Clause: How Does It Affect the Construction Industry? F 44
Tort and Contract Actions: Strange Bedfellows No More in the Wake of Tiara Condominium D 41
Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry Ja 26
Whose Shoes to Use: Achieving a Subrogation Footing in the Wave of Foreclosures Ja 8
Records
“Certifying” Documents via Third-party Software: Binding on the Court? S/O 18
Florida’s Psychotherapist-Patient Privilege in Family Court My 35
Right to Counsel
Fifty Years Later: Memories of Gideon v. Wainwright Mr 10
Gideon’s Legacy: Exonerating the Innocent Mr 18
Gideon ’s Promise Mr 4
S
Sea-level Rise
Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise N 29
Second Amendment, The
Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms D 48
Self-incrimination
A Civil Litigator’s Guide to the Privilege Against Self-incrimination in Florida’s State and Federal Courts D 8
Settlement Agreements
Admissibility of High-low Agreements in Multi-defendant Litigation D 26
Retaining Federal Jurisdiction Over Settlement Agreements After Shaz Ap 20
Slot Machines
Slot Machines in Florida? Wait a Minute S/O 8
Smith, Wm. Reece, Jr.
In Memoriam: Wm. Reece Smith, Jr.: Professional, Mentor, and Champion of Pro Bono Legal Service Mr 8
State Courts Budget
We Must Protect Investments in the Judiciary Ja 4
Stormwater
New Environmental Resource Permit Rules S/O 34
Subcontracting
The Subcontract Contingent Payment Clause: How Does It Affect the Construction Industry? F 44
Subordinate Lawyer Rule
Marching Orders: When to Tell Your Boss “No” F 34
Subrogation
Whose Shoes to Use: Achieving a Subrogation Footing in the Wave of Foreclosures Ja 8
Supreme Court, The Florida
Broadening Horizons: The Unnecessary Limitations of Florida’s Collateral Crimes Jury Instructions D 20
Code Liens Are Not “Superpriority” Liens: Is It the End of the Debate? S/O 28
Early Appellate Remedies: Partial Final Judgments D 30
Redefining Professionalism? Florida’s Code Mandating the Aspirational Raises Challenging Questions N 39
Slot Machines in Florida? Wait a Minute S/O 8
The Right to Recover “Fees for Fees” Based on a Contractual Prevailing Party Fee Provision Ap 8
Supreme Court, The U.S.
Mooting the Mootness Issue as Moot?: Symczyk ’s Impact on FLSA Litigation in Florida and Beyond Jy/Ag 38
What Are My Chances? Federal Courts of Appeal by the Numbers Ja 31
T
Tax Law
Are Tax Expenditures Reaching Their Goals? A View from the Fiscal Cliff Ap 28
Captive Insurance Companies: Florida Enters the Arena Jy/Ag 51
Identifying and Reporting the Proper Taxpayer in International Structures D 44
It’s 2013: Now What? Mr 31
Rethinking I.R.C. §2701 in the Era of Large Gift Tax Exemptions N 34
Tax Planning for Cross-border Endorsement Payments to Professional U.S. Athletes S/O 47
The Benefits of Tax Planning as Part of the Acquisition of an International Business Ja 40
The Right to Intervene in Innocent Spouse Cases Disappears When the Affirmative Defense of Innocent Spouse Is Withdrawn F 30
Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry Ja 26
Trusts: TBE or Not TBE My 30
Technology
Brave New e-World Ap 4
“Certifying” Documents via Third-party Software: Binding on the Court? S/O 18
Crossing the Line: Border Searches at Florida’s International Airports N 8
E-filing from the Local Coffee Shop: A Practical Look into Confidentiality, Technology, and the Practice of Law Je 82
Eugene K. Pettis — First African-American President of The Florida Bar Jy/Ag 8
Federal Computer Fraud and Abuse Act: Employee Hacking Legal in California and Virginia, But Illegal in Miami, Dallas, Chicago, and Boston Ja 36
Thinking About Tomorrow’s Lawyers Today My 4
Terms of Court
Elimination of Florida Terms of Court and its Effect on Appellate Mandates N 26
Testimony
“She Said What?” What To Do in Civil Domestic Violence Proceedings with Child Hearsay S/O 42
Theft
Winning Trade Secrets Claims: When and How the Preemption Provision of Florida’s Uniform Trade Secrets Act Applies Je 86
Title Review
Implied and Constructive Notice: Title Search Fallibility and the Rigidity of the Constructive Notice Doctrine Ap 37
Torts
Tort and Contract Actions: Strange Bedfellows No More in the Wake of Tiara Condominium D 41
Trade Secrets
Winning Trade Secrets Claims: When and How the Preemption Provision of Florida’s Uniform Trade Secrets Act Applies Je 86
Trusts
Morey v. Everbank : Three Drafting Tips to Avoid a Troubling Decision Jy/Ag 45
Trusts: TBE or Not TBE My 30
V
Vision 2016
Thinking About Tomorrow’s Lawyers Today My 4
Vision 2016 — Destination: Future N 4
W
Water Resources
New Environmental Resource Permit Rules S/O 34
The Importance of the Water-Energy Nexus in Florida’s Future My 45
Work Product Privilege
Picking Cotton: Ordinary Business Records Doctrine as Applied to Insurer’s Privilege Claims My 12
Wrongful Death
The 1920 Death on the High Seas Act: A Remedy Whose Time Has Gone Mr 22
Y
Young Lawyers
E-filing from the Local Coffee Shop: A Practical Look into Confidentiality, Technology, and the Practice of Law Je 82
