Rogers Towers

1301 Riverplace Boulevard Suite 1500
Jacksonville, FL 32207, United States

Discovery and Social Media

The advent of social media has brought about many changes in the world of litigation, not the least of which is the availability of information that previously would have been impossible to discover. It is hardly an exaggeration…more

Discovery, Facebook, Foursquare, Instagram, Privacy Concerns

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Rogers Towers: Florida’s Construction Lien Act: Who Is a Lienor?

We hear this term, lienor, but it is often misunderstood. One does not have to record a Claim of Lien to be a lienor. The Act provides that anyone who has the right to file a Construction lien is a lienor…more

Construction Liens, Contractors, Liens, Subcontractors

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Guardrail Ends – Open and Obvious Court Ends Liability for Contractor and Engineer Based Upon Slavin Doctrine

The Slavin Doctrine has been on the books for more than fifty years and is a favorite defense used by contractors, architects and engineers defending against personal injury and wrongful death claims. Generally, the Slavin…more

Bodily Injury, Construction Disputes, Construction Industry, Contractors, Slavin Doctrine

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Complying with the Florida Consumer Collection Practice Act

In addition to ensuring compliance with the federal Fair Debt Collection Practices Act (FDCPA), lenders should take precautions to limit its exposure to claims under the Florida Consumer Collection Practices Act (FCCPA). For…more

Debt Collection, FDCPA, Lenders

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Social Media and Spoliation

As we discussed in our previous post regarding the Christou case, social media is discoverable – and consequently subject to a litigation hold. From an evidentiary standpoint, social media is not without its shortcomings, and it…more

Evidence, Litigation Hold, Social Networks, Spoilation

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Issues of Agency in Garnishment Procedures

It is well established that after a judgment of default, a creditor may serve a writ of garnishment upon the debtor’s employer to collect the unpaid principal and interest of the underlying loan from the employee’s monthly…more

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Rogers Towers: Post-Judgment Recovery of Attorney’s Fees and Costs

One of the issues faced by a judgment creditor in pursuing collection of the judgment is the amount of attorney’s fees and costs that will be incurred in the collection efforts. They can be substantial and are generally not…more

Attorney's Fees, Judgment Creditors, Judgment Debtors, Legal Costs

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Rogers Towers: City Approves Partial Mobility Fee Waiver

The City of Jacksonville has enacted Ordinance 2013-94-E, granting a partial waiver of mobility fees for 18 months. The ordinance applies to both residential (single family and multifamily; existing lots and new development) and…more

Building Permits, Fees, Local Ordinance, Real Estate Development, Waivers

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Writs of Garnishment in Florida: An Overview

Writs of garnishment provide judgment creditors (i.e., the party in whose favor the judgment was entered) access to money that belongs to debtors but is possessed or controlled by third parties, typically financial institutions…more

Creditors, Judgment Creditors, Wage Garnishment

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Rogers Towers: Fair Debt Collection Practices Act (FDCPA): Ceasing Communications with a Debtor's Attorney?

The Fair Debt Collection Practices Act (FDCPA) gives a debtor the right to notify a debt collector that he or she wishes the debt collector to cease communication with respect to the debt, with some exceptions…more

Debt, Debt Collection, Debt Collectors, Debtors, FDCPA

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Writs of Garnishment in Florida: An Overview

Writs of garnishment provide judgment creditors (i.e., the party in whose favor the judgment was entered) access to money that belongs to debtors but is possessed or controlled by third parties, typically financial institutions…more

Creditors, Judgment Creditors, Wage Garnishment

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Usury in Florida: Exceptions to Civil Penalties

When a lender “willfully” charges interest in excess of statutory limits, civil usury penalties may apply. However, Florida’s usury statutes provide for two exceptions to the application of civil usury penalties. The…more

Interest Payments, Lenders, Usury

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Guarantors Remain Liable Under Renewed Promissory Note, Even Absent Notice or Consent, Where the Modifications Are Not Adverse To the Guarantors’ Interests

In a prior post, we discussed a grantor’s continuing liability under a promissory note that is renewed without his notice or consent where the guaranty is a continuing guaranty, meaning it contemplates revisions or extensions of…more

Consent, Guarantors, Notice Requirements, Promissory Notes

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Rogers Towers: Impact of the Reorganization of the Jacksonville DEP Office

Located in Jacksonville, the Northeast District Office of the Florida Department of Environmental Protection (“DEP”) will soon change its organizational structure to be consistent with the other DEP district offices and provide…more

Department of Environmental Protection, Reorganizations

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Spouse-Guarantor Rule: A Split Between Federal Circuit Courts

When a closely-held entity applies for a loan, the financial institution usually requires the entity’s owner(s) to guaranty the loan. If the owner is married, the financial institution may also require the owner(s) spouse(s) to…more

Debt Collection, Default, ECOA, Guarantors, Regulation B

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Rogers Towers: U.S. Construction, and Legal, Opportunities in Libya

Stepping off a plane in Tripoli at 6 am on September 12, 2012, Libya did not seem to be much of a prospect for American or other Western business opportunities, let alone construction or legal work, which I was there to further…more

Construction Contracts, Construction Site, Economic Development, Middle East

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Rogers Towers: Usury in Florida: Using the 365/360 Method to Calculate Interest

Many lending institutions use the 365/360 method of calculating interest on their loans. This method involves applying the ratio of the annual interest over a year of 360 days, multiplied by the outstanding principal balance,…more

Interest Rates, Lenders, Lending, Principal Balance, Usury

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Judgment Debtor in Garnishment Action Has No Vested Right to Compel Strict Compliance With Service of Process Requirements on Garnishee

Garnishments are one of the most effective tools at a creditor’s disposal for collection purposes. The rules and requirements for initiating a garnishment action are laid out in Chapter 77, Florida Statutes. Garnishment actions…more

Bank Accounts, Judgment Debtors, Service of Process, Wage Garnishment

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The Equal Credit Opportunity Act’s Safe Harbor for Assignees

In a previous post, we considered whether guarantors are considered to be “applicants” under the Equal Credit Opportunity Act (the “ECOA”), and today, we will consider whether assignees who acquire debt would be subject to…more

Assignees, Creditors, ECOA, Safe Harbors

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Usury in Florida: Exceptions to Civil Penalties

When a lender “willfully” charges interest in excess of statutory limits, civil usury penalties may apply. However, Florida’s usury statutes provide for two exceptions to the application of civil usury penalties. The…more

Interest Payments, Lenders, Usury

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Rogers Towers: Florida House Bill 909 (2013): A Sigh of Relief for Water Mitigation Contractors and Restoration Companies

This past spring, the insurance and banking lobbies created quite a stir in the water and fire damage mitigation and restoration industry…more

Contractors, Lobbying, Property Damage, Rehabilitation and Restoration Plans

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Caveat Charities: Disgorging Donations as Fraudulent Transfers

The Bankruptcy Code permits a trustee to avoid transfers of property that a debtor has made within two years prior to its bankruptcy filing. In 1998, Congress added a safe-harbor provision for contributions to qualified…more

Charitable Donations, Consumer Bankruptcy, Disgorgement, Fraudulent Transfers, Religious Institutions

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Spouse-Guarantor Rule: A Split Between Federal Circuit Courts

When a closely-held entity applies for a loan, the financial institution usually requires the entity’s owner(s) to guaranty the loan. If the owner is married, the financial institution may also require the owner(s) spouse(s) to…more

Debt Collection, Default, ECOA, Guarantors, Regulation B

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Written Document Retention and Destruction Policy Saves the Day (Again)

As we mentioned in our previous posts regarding document preservation, establishing a written document retention and destruction policy is essential to any company, large or small. As with the Pradaxa case out of the Southern…more

Document Destruction, Document Retention Policies, Litigation Hold, Pleading Standards, Spoilation

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The Business Records Exception to the Hearsay Rule

When a bank assigns a mortgage to another bank, the assignor typically provides a loan payment history to the assignee as part of the transfer. If the assignee later brings suit to foreclose the mortgage, it is typical to seek…more

Assignees, Assignments, Banks, Foreclosure, Hearsay

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Disputes in the Manufacturing Supply Chain

Disputes in the automotive supply chain often involve questions concerning warranties, warranty disclaimers, limitations on remedies and limitations on damages. Understanding the basics of warranty law is critical to managing…more

Manufacturers, Statute of Limitations, Supply Chain, UCC, Warranties

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Florida Foreclosure Volume Update

The Florida Bar News, in its September 15, 2014 edition, reported that Florida foreclosure volume has declined with the number of filings in the first half of 2014 about 50% of filings for the same period the year prior. The…more

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Judgment Debtor in Garnishment Action Has No Vested Right to Compel Strict Compliance With Service of Process Requirements on Garnishee

Garnishments are one of the most effective tools at a creditor’s disposal for collection purposes. The rules and requirements for initiating a garnishment action are laid out in Chapter 77, Florida Statutes. Garnishment actions…more

Bank Accounts, Judgment Debtors, Service of Process, Wage Garnishment

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Rogers Towers: Amendment to UCC Filing Requirements

Florida’s Uniform Commercial Code was subject to some recent changes and revisions which became effective on July 1, 2013. One change in particular was to Florida Statute § 679.5 16 which governs the UCC filing requirements in…more

Financial Restatements, New Legislation, Proposed Amendments, UCC

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If You Build It, “The Claims” Will Likely Come: Controlling Anticipated Risks In Large Projects

Sophisticated parties in large projects know that it is not unusual for claims of all types to occur during the course of the project. Despite everyone’s best efforts, claims for property damage, material loss and personal…more

Commercial General Liability Policies, Construction Industry, Construction Project, Liability Insurance, Real Estate Development

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Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
Number of Attorneys

50-100 Attorneys

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