The Florida Bar

Florida Bar News & Journal

The Florida Bar Journal

Volume 93, No. 1

The 2018 Florida Bar Criminal Justice Summit: A First Step in Improving Florida’s Criminal Justice System

January/February 2019 Ellen S. Podgor Featured Article
Imagine state attorneys, public and private defense counsel, policymakers, legislators, and judges meeting in one room to examine key criminal…

Reframing the Question: Why Florida Courts Should Enforce Nonreliance Clauses

January/February 2019 Ian M. Ross Featured Article
“If you tell the truth, you don’t have to remember anything.” — Mark Twain A nonreliance clause is an agreement…

Florida’s Unwieldy But Effective Construction Lien Law

January/February 2019 Leonard Klingen Featured Article
A glance at any urban skyline in Florida will confirm that construction is still big business.1 Look again, and you might…

Flying Baseballs, Injured Fans, Uncertain Liability

January/February 2019 Robert M. Jarvis Featured Article
In January 2018, the Tampa Bay Rays announced plans to extend the protective netting at Tropicana Field.1 Two months later,…

A Hard Look at Our Criminal Justice System

January/February 2019 Michelle R. Suskauer President's Page
As the first former public defender to ever lead The Florida Bar, criminal justice issues have been a priority of…

Moving from New York to Florida: Perfecting Domicile

January/February 2019 David Pratt, Lindsay A. Rehns, and Daniel Hatten Tax
Recently, due in large part to the effective repeal of the state and local tax deduction (a/k/a the SALT deduction),1…

Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders

January/February 2019 Heather M. Kolinsky Appellate Practice
Most attorneys are familiar with the rules and jurisdiction of the district courts of appeal and the Florida Supreme Court;…

Is My Judgment in Your Best Interest? How Decisions Are Made in Guardianships and a Suggested Reform

January/February 2019 J. Eric Virgil and Stacy B. Rubel Elder Law
When Glenda Martinez and J. Alan Smith met in 2008 through a social media website, little did they know how…

Misled Interested Citizens and Florida’s Public Meeting Laws

January/February 2019 Mark Moriarty City, County And Local Government
Florida’s Government in the Sunshine Law, F.S. 286.011, has long required meetings of governing bodies of public agencies to be…

International E-Discovery: How The 11th Circuit’s Interpretation of Possession, Custody, or Control May Impact Multinational Corporations

January/February 2019 Effie D. Silva, Sonia Zeledon, and Justin M. L. Stern Trial Lawyers
In decoding the bounds of e-discovery under the Federal Rules of Civil Procedure, courts around the country have employed a…

Eleventh Circuit’s Ruling Strengthens Creditors’ New Value Defense to Preference

January/February 2019 Scott Underwood and Steven Cline Business Law
The 11th Circuit in Kaye v. Blue Bell Creameries Inc. (In re BFW Liquidation LLC), 2018 WL 3850101, 17-13588 (11th…

Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence

January/February 2019 Larry E. Ciesla and Jack M. Ross Elder Law
Estate planning attorneys should be acutely aware of the presumption of undue influence that arises in a will contest1 after…