Rogers Towers

Proposed Amendments to the St. Johns County Land Development Code

St. Johns County has proposed a series of amendments to the Land Development Code. The County will be holding a public workshop on July 7, 2015 at 3:00 p.m. in the first floor conference room of the Permit Center building at…more

Building Codes, Proposed Amendments, Real Estate Development

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Whose Money Is It? The Interplay of the SIR and the Made-Whole Doctrine

A self-insured retention or “SIR” typically refers to a dollar amount stated in a liability policy that the insured must satisfy before the insurer is required to defend or indemnify a claim. In most instances, the insured…more

Liability Insurance, Made Whole Doctrine, Self-Insured Retention Provisions

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Florida Court Declines To Enforce Judgment Of Illinois Court That Lacked Jurisdiction

The U.S. Constitution requires that each state give “full faith and credit” to judgments of other states. Consistent with this mandate, the Florida Enforcement of Foreign Judgments Act provides a process for litigants to enforce…more

Foreign Judgments, Full Faith and Credit, Jurisdiction, Wells Fargo

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Mortgage Default Letters: R.I.P. Paragraph Twenty Two…Borrowers Will Miss You

In residential foreclosures, a notice of default letter, commonly found in paragraph 22 of most mortgages is a condition precedent to acceleration of the amount owed under the note and mortgage. Those familiar with residential…more

Accelerated Payments, Affirmative Defenses, Foreclosure, Mortgage Lenders, Mortgages

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Attorney’s Fees Not Always A Sure Thing in Florida Lien Foreclosure Cases

According to Florida law, the prevailing party in a suit brought to enforce a lien or claim against a bond is entitled to recover reasonable fees for the services of an attorney used for trial, appeal or arbitration. However,…more

Attorney's Fees, Foreclosure, Liens, Performance Bonds

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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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Supreme Court to Settle Equal Credit Opportunity Act’s Spouse-Guarantor Rule

The Supreme Court has agreed to address a split between circuits that emerged last summer centering on whether the Equal Credit Opportunity Act (the “ECOA”) permits financial institutions to require the spouse of a loan…more

Discrimination, ECOA, Federal Reserve, Guarantors, RL BB Acquisition v Bridgemill Commons

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Can a Debtor Satisfy a Claim Merely by Writing Satisfied on a Payment?

Questions sometimes arise from creditors regarding the effect of a debtor sending to a bank or other creditor a check for less than the creditor’s claim that purports to be in “full satisfaction” of the creditor’s claim against…more

Creditors, Debt, Debtors, Financial Institutions, Safe Harbors

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Facing Labor Shortage? Don’t Be Tempted By Illegal Hiring Practices

With current economic conditions and the shortage of workers in the construction industry, there may be a temptation to hire illegal aliens to cover gaps in the workforce (or to “look the other way” and not question whether…more

Construction Industry, Construction Workers, Hiring & Firing, RICO, Undocumented Immigrants

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Supreme Court to Settle Equal Credit Opportunity Act’s Spouse-Guarantor Rule

The Supreme Court has agreed to address a split between circuits that emerged last summer centering on whether the Equal Credit Opportunity Act (the “ECOA”) permits financial institutions to require the spouse of a loan…more

Discrimination, ECOA, Federal Reserve, Guarantors, RL BB Acquisition v Bridgemill Commons

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Court Deadlines: Computation of Time Under Rule 2.514

One of the most critical aspects in any litigation is to ensure that court deadlines are met for all court filings. Florida Rule of Judicial Administration 2.514 is the primary rule for how to govern computation of time periods…more

Amended Procedure, Computation of Time, Filing Deadlines, Rules of Civil Procedure

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Where, Oh Where, Can My Lawsuit be Filed?

When preparing or negotiating the terms of construction contracts, parties often indicate where any dispute that may arise between the parties must be litigated. Courts will generally enforce such “venue” or “forum selection”…more

Construction Contracts, Construction Industry, Contract Negotiations, Contractors, Forum Selection Clause

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Can a Debtor Satisfy a Claim Merely by Writing Satisfied on a Payment?

Questions sometimes arise from creditors regarding the effect of a debtor sending to a bank or other creditor a check for less than the creditor’s claim that purports to be in “full satisfaction” of the creditor’s claim against…more

Creditors, Debt, Debtors, Financial Institutions, Safe Harbors

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Customer Loyalty – A Case for Old School Customer Service

This morning I received a call from a client and close friend of mine. He told me that he was concerned because the county property appraiser had categorized his wife’s recent re-finance as a sale of her property instead of a…more

Consumer Financial Products, Consumer Lenders

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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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SCOTUS: Debtor Entitled to Chapter 13 Conversion Leftovers

The U.S. Supreme Court has resolved a circuit split by answering the question; what happens to post-petition wages held by a Chapter 13 trustee at the time a case is converted from Chapter 13 to a Chapter 7? In a unanimous…more

Bankruptcy Code, Bankruptcy Plans, Chapter 13, Chapter 13 Conversions, Chapter 7

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When is your Final Deficiency Judgment Really Final?

Florida 1st DCA Distinguishes Between Amending a Final Judgment under Florida Rule of Civil Procedure 1.540(a) and 1.540(b) as to Mistakes - In Lorant v. Whitney National Bank, decided February 24, 2015, Florida’s First District…more

Amended Order, Deficiency Judgments, Final Judgment, Foreclosure, Mortgage Lenders

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Supreme Court Further Clarifies Stern v. Marshall

As we have previously discussed, the Supreme Court held in Stern v. Marshall that Congress did not have the authority under the Constitution to empower bankruptcy judges to decide legal claims that are based entirely on state…more

Article III, Bankruptcy Code, Bankruptcy Court, Executive Benefits Insurance Agency v. Arkison, Judges

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The Danger of Contracting with a Tenant for Improvements to Real Property

You’ve completed your work, payment is past due and you’re ready to record a construction lien... then you discover your client is a tenant, not an owner. Your ability to lien may be far more limited under Florida law than you…more

Commercial Leases, Commercial Tenants, Construction Contracts, Construction Liens, Contractors

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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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STOP THE PRESSES – The CFPB Proposes Delaying the Effective Date of the TILA/RESPA Integrated Disclosures Rule until October 1, 2015

The banking industry has spent the last two years preparing for the Consumer Financial Protection Bureau’s implementation of the Truth-in-Lending Act (TILA)/Real Estate Settlement Procedures Act (RESPA) Integrated Mortgage…more

Banking Sector, CFPB, Delays, Dodd-Frank, Mortgage Lenders

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Appealing Real Estate Taxes in Florida

As the old saying goes, there are two certainties in life: death and taxes. For commercial real estate owners and developers, the latter is an inevitability that may be mitigated. Each August, Florida property tax appraisers…more

Commercial Property Owners, Property Tax, Tax Appeals

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Supreme Court Further Clarifies Stern v. Marshall

As we have previously discussed, the Supreme Court held in Stern v. Marshall that Congress did not have the authority under the Constitution to empower bankruptcy judges to decide legal claims that are based entirely on state…more

Article III, Bankruptcy Code, Bankruptcy Court, Executive Benefits Insurance Agency v. Arkison, Judges

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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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Appellate Court Reverses Jury Award To Golf Course Contractor

The Second District Court of Appeal recently reversed a jury verdict that awarded a contractor nearly $300,000 after determining that the amount had already been paid by another entity. The dispute in Tern Bay Community…more

Appeals, Construction Disputes, Construction Industry, Construction Project, Equitable Subrogation

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Dodd Frank and Seller Financing

While there has been much attention given to the wide variety of new rules and regulations imposed on lenders under Dodd-Frank, those of us not in the business of regularly making mortgage loans may not be aware that we could be…more

Dodd-Frank, Licensing Rules, Mortgage Lenders, Mortgage Loan Originators, Mortgages

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Stripping Off Junior Mortgages Now Barred in Chapter 7 Bankruptcy Cases

The Supreme Court has unanimously decided that debtors are prohibited from stripping off junior mortgage liens in Chapter 7 bankruptcy cases. Lien stripping is where a bankruptcy court relieves a debtor of his second mortgage…more

Bank of America, Bank of America v. Caulkett, Chapter 13, Chapter 7, Consumer Bankruptcy

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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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Contact

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


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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