The Florida Bar

Florida Bar Journal

The Florida Bar Journal


Limiting the Florida Homestead Exemption by Broadening the Application of the Fraud or Egregious Conduct Exception

Business Law
Since 1868, the Florida Constitution has expressly shielded homestead property from forced sale except in certain delineated circumstances.[1] In 2001,...

Protecting Goodwill as a Legitimate Business Interest in a Restrictive Covenant Enforcement Action

Labor and Employment Law
Given the proliferation of restrictive covenant agreements, practitioners in Florida are likely often confronted by prospective, current, and former employees...

Restraining Justice: How Florida Can Better Aid Pro Se Survivors of Domestic Violence with Appeals of Injunction for Protection Cases

Appellate Practice
“Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have...

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...