Charles Jimerson – Jimerson & Cobb, P.A.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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