Charles Jimerson – Jimerson & Cobb, P.A.

701 Riverside Park Place Suite 302
Jacksonville, FL 32204, United States

Is not reading the contract a defense to enforcement of the contract?

Occasionally in litigating contract actions I will run into the laughable defense of “I didn’t read the contract, so therefore I shouldn’t be subject to it.” That is not a viable defense under Florida law. It is well settled…more
| Business Organizations

Revitalizing Downtown Jacksonville: Fifty Years in the Making

The revitalization of Downtown Jacksonville has been at the top of the business, civic, and political agenda for the last fifty years, but with the recent creation of the Downtown Investment Authority (DIA) Board, the effort to…more
| Administrative Law

How are property taxes in Florida calculated and how can I challenge or appeal property tax assessments?

Every August Florida Property Appraisers will send out their TRIM notices, or Notice of Proposed Property Taxes, advising all tax payers of the proposed assessment on their properties. It is crucial for land owners to critically…more
| Real Estate - Commercial, Real Estate - Residential

Failing to Disclose Information During Discovery Can Cause the Rescission of a Settlement Agreement

As a case develops, parties exchange information through a process known as discovery. Discovery is a truth seeking device- each party is able to discover facts that the other party has. Parties and their attorneys are expected…more
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The Availability of Civil Theft as a Recovery Tool for Professional Service Providers in Florida

Just as we can’t see the air we breathe or radio waves transmitting data around the world, neither can we see thoughts and ideas. For those Professionals whose work product may not be a tangible, fungible item, it nonetheless…more
| Commercial Law & Contracts

The Attorney-Client Privilege: Disclosure of Confidential Information to Property Management Companies in Furtherance of Representation of Condominium or Homeowner’s Associations

Attorneys are not only ethically, but lawfully obligated to keep certain divulged information confidential in furtherance of representing a client. However, issues may arise whereby certain documentation may need to be…more
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For associations concerned with owner bankruptcies, quarterly assessments are preferred over annual assessments as post-petition assessments are not dischargeable.

Under Florida law, it is better for an HOA to charge installment dues over the course of a year rather than allow for a lump sum payment at the beginning of each year. This is because post-petition debts, including…more
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When does a party's partial or full performance vaildate an oral agreement?

The purpose of the Statute of Frauds is to prevent one party from committing perjury in regards to an agreement and to also prevent the enforcement of agreements “based on memories made faulty by the lapse of time or loose…more
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Limiting Florida’s homestead exemption: collecting on homestead property in excess of one-half acre.

For well over a century, Florida’s Constitution has made the homestead exempt from the claims of creditors. Public Health Trust v. Lopez, 531 So. 2d 946, 948 (Fla. 1988). Florida’s constitutional provisions provides one of the…more
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Exceeding the Limitations of the Homestead Exemption and the Ability to Partition Your Land.

You are a homeowner in Florida and your parcel of land spans two acres. You find yourself in a financial deficit and creditors have been contacting you to collect on your debt. You want to preserve your home and have it…more
| Construction Law

Protecting Documents Given to Testifying Experts

In preparation for trial, expert witnesses are often retained and briefed based upon reports and documents provided to them from counsel. Two types of work product may be used to prepare documents and internal memorandum which…more
| Business Torts

Negating Defenses of Procedural Unconscionability in Loan Documents

Defaulted borrowers often attempt to argue that the waiver of defenses language included in loan documents is unconscionable and therefore unenforceable. However, for a contract to be held to be unenforceable under Florida law,…more
| Finance & Banking

Why and what are banks prohibited from disclosing Suspicious Activity Reports (SAR) of Fraud by Federal Law?

In 1992, Congress passed the Annunzio-Wylie Anti-Money Laundering Act (the “Act”) which requires banks to report suspicious activities to the appropriate federal authorities. Cotton v. Privatebank and Trust Co., 235 P. Supp. 2d…more
| Finance & Banking

Is It Possible to Compel the Appearance of an Out of State Employee of the Opposing Party's Company as a Witness at Trial?

In commercial litigation, it is very common that the corporate designee at trial is not a particularly insightful factual witness. When the factual witnesses at trial are employees of an opposing party that is headquartered out…more
| Business Organizations

Qualifying an Expert Witness in Florida

An expert witness is an individual that is authoritative in their particular field and able to assist the finder of fact in reaching a conclusion at a trial. Aside from discerning whether the potential expert witness is someone…more
| Business Organizations
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Areas of Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Finance & Banking
  • Litigation
  • Real Estate
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