The Florida Bar

Florida Bar Journal

The Florida Bar Journal


A Critical Examination of Glass v. Nationstar Under Contract Principles

Business Law
Unless one behaves like a quantum particle, one cannot be in two places at once. And unless one disregards contract...

Allocation of the Purchase Price in Sales Transactions

As a transactional lawyer for over 30 years, I have encountered many tax and nontax issues that while extremely important...

Homestead Planning Under Florida’s New “Safe Harbor” Statute

Real Property, Probate and Trust Law
F.S. §732.702 provides a statutory procedure for waiving spousal rights, including homestead rights, under written contracts, agreements, or waivers. New...

Legal Challenges to Arbitration Awards: Part II

Labor and Employment Law
Part I of this article discussed the considerations that are taken into account where there is a contention of a...

What Are the Constitutional Limitations on Prayers at Local Government Meetings?

City, County and Local Government
In the wake of the U.S. Supreme Court’s momentous ruling in Town of Greece, N.Y. v. Galloway, 134 S. Ct....

When Is a Motion for Rehearing Necessary to Preserve for Review a Trial Court’s Error in Failing to Make Factual Findings?

Appellate Practice
A core principle of appellate adjudication is that a party must preserve issues to raise them on appeal. That means,...

Dicing it Up: Does a Sliver of the Automatic Stay Remain for Repeat Debtors?

Business Law
The automatic stay, which gives debtors a breathing spell from creditors, is one of the most “fundamental debtor protections” in...

Failure to Deliver: The Problem with “Pocket Deeds” and a Review of Alternatives

Real Property, Probate and Trust Law
A common issue plaguing estate planning attorneys and title attorneys is the “pocket deed” (a nondelivered deed), which is a...

Legal Challenges to Arbitration Awards: Part 1

Labor and Employment Law
Until the 1925 enactment of the Federal Arbitration Act (FAA), 9 U.S.C. §§1-14, courts were reluctant to enforce contracts to...

South Dakota v. Wayfair: The Case That Changes Everything

Have you ever bought something on the internet? Did the seller charge you tax? If not, have you ever wondered...