The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Featured Article

Murky Bottoms: Sovereign Submerged Land, Riparian Rights, and Locating the Highwater Line

Featured Article
Imagine you are sitting in your law office one afternoon when an old client calls and he’s upset. He just...

Navigating With a New Map: Impact of Changes to the District Courts of Appeal Territorial Boundaries

Appellate Practice
On January 1, 2023, Florida’s district court map is changing: A new Sixth District Court of Appeal has been created....

Shielding Third Parties in Bankruptcy: Extensions of the §362 Automatic Stay and Imposing §105 Injunctions Under the Bankruptcy Code

Business Law
One Sunday night in August 2021, bankruptcy law, plans of reorganization, and third-party releases and injunctions became notoriously part of...

Gary S. Lesser: President of The Florida Bar

Featured Article
During the 1920s Florida land boom, Americans came from all over the country to seek opportunity in the Sunshine State,...

Understanding the New Florida Community Property Trust, Part I

Featured Article
The Florida Community Property Trust Act,[1] which is effective for such trusts created on or after July 1, 2021, provides...

Where to Incorporate? Florida Bar Survey Results and a Florida vs. Delaware Comparative Analysis

Business Law
As of December 31, 2021, there were 811,396 active for-profit corporations incorporated under Florida law, including 104,625 incorporated in 2021.[1]...

An Overview of the “Apex Doctrine” and its Applicability Under Florida Law

Featured Article
Rule 1.280(b)(1) of the Florida Rules of Civil Procedure provides that a party may “obtain discovery regarding any matter, not...

No Written Shareholder Agreement? A Survey of Florida Shareholders’ Statutory Rights

Featured Article
A shareholders’ rights and obligations in a Florida corporation generally derive from two main sources: the corporation’s governing documents, such...

Protectors and Directors and Advisers: Oh My! The New Florida Uniform Directed Trust Act

Featured Article
In July 2021, Florida adopted the new Florida Uniform Directed Trust Act (FUDTA),[1] in response to the increased use of...

Navigating I.R.C. §2036 Tax Planning with Florida Law

Featured Article
For many years, a common estate planning technique has been to create a partnership or limited liability company (LLC) to...