The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Easements Implied from a Preexisting Use: Escape from the Rabbit Hole

Featured Article
This is the story of a rabbit hole.[1] A rabbit hole into which Florida caselaw on implied easements based on...

The Demise of Agency Deference: Florida Takes the Lead

Administrative Law
The year 2018 was a banner year for amendments to the Florida Constitution. Twelve proposed amendments appeared on the general...

Is It Over Yet? A Primer on Federal and State Appellate Finality Doctrines

Appellate Practice
During civil litigation, trial lawyers often ask whether a dismissal or summary judgment order is final and appealable.[1] Regrettably, even...

An Exploratory Voyage Across the Seas of Change

President's Page
Over the past seven years, and perhaps even longer, Bar presidents have made statements I could still make today. While...

Summary of Recently Adopted Changes to the Florida Business Corporation Act and Harmonizing Changes to Other Florida Entity Statutes, Part II

Business Law
This is the second of two articles published in the Journal addressing key changes made to the Florida Business Corporation...

The Yellow Brick Road to [Q]Oz Becomes Clearer

Real Property, Probate and Trust Law
A significant new tax incentive was added by the Tax Cuts and Jobs Act of 2017, which allows taxpayers to...

Scientia Sit Potential: Is the Education Department’s Newest Financial Responsibility Reporting Rule a Source of Powerful Knowledge or a Bureaucratic Mess?

Education Law
This article addresses the U.S. Department of Education’s Financial Responsibility Reporting Rule, codified at 34 C.F.R. §668.171, including the history...

Estate Planning During an Election Year: Will It Be 2012 All Over Again?

Tax
This year should be one of the busiest years for all estate planning attorneys; indeed, it could be a repeat...

New Evolutions in the Law of Climate Change and Sea-Level Rise

Environmental & Land Use Law
Climate change and sea-level rise law continue to evolve. Federal and state regulatory and policy responses involve expanding and evolving...

Ending Permanent Periodic Alimony: A Crisis for Enforcing Equitable Distribution Waiting to Happen

Family Law
The Florida Legislature has taken steps in recent years to end permanent periodic alimony. If they are successful, this will...

A Whistleblower Hidden in Plain Sight:When Does an Employee Termination Risk a False Claims Act Filing?

Labor and Employment Law
Scenario One:[1] Sharon had been the new chief HR officer for just the last quarter at NewCo. Everything was going...