Rogers Towers

Holder of Equity Interest in Bankrupt Company not Entitled to Become Shareholder in Reorganized Entity

A recent Eleventh Circuit case examines equity shareholders’ role (or lack thereof) in a reorganized entity. Vision-Park Properties owned an equity share of Seaside Engineering & Surveying, Inc. Seaside filed for Chapter 11…more

Chapter 11, Commercial Bankruptcy, Equity Securities, Reorganizations, Shareholders

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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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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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Authenticating Evidence In Support of Summary Judgment

Florida’s Fifth District Court of Appeal recently filed an opinion that emphasizes the importance of properly authenticating evidence in support of a motion for summary judgment. In Colon v. JP Morgan Chase Bank, N.A. et al.,…more

Appeals, Authentication, Evidence, Foreclosure

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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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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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Correcting a Legal Description after Final Judgment of Foreclosure and Sale

Including an accurate legal description (known as the “legal”) in a mortgage is of utmost importance to lenders; in the event of foreclosure, a purchaser (often the lender) cannot obtain clear title to the property unless it…more

Bank of America, Final Judgment, Foreclosure, Legal Description, Mortgage Lenders

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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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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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Correcting a Legal Description after Final Judgment of Foreclosure and Sale

Including an accurate legal description (known as the “legal”) in a mortgage is of utmost importance to lenders; in the event of foreclosure, a purchaser (often the lender) cannot obtain clear title to the property unless it…more

Bank of America, Final Judgment, Foreclosure, Legal Description, Mortgage Lenders

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Bank of Manhattan v. FDIC

We have previously posted about some of the protections available under FIRREA to the FDIC as Receiver of a failed bank, including the FDIC’s power to enforce contracts of the failed bank under 12 U.S.C. § 1821. A recent…more

Banks, FDIC, FIRREA, Insolvency, Participation Agreements

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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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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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CMBS – Risky Business?

Commercial Mortgage-Backed Securities (CMBS) loans are on the rise and many familiar with the market are concerned with the relaxed underwriting standards. Interestingly, looser underwriting standards and increased loan volume…more

Banking Sector, CMBS, Higher-Risk Securitizations, Mortgage-Backed Securities, Underwriting

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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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The Lien Stripping Saga Continues in Chapter 7 Bankruptcy Cases

In the latest chapter of “lien stripping,” the Honorable Judge Erik P. Kimball of the Southern District of Florida, Bankruptcy Court, recently grappled with the issue of whether a debtor can strip a completely unsecured junior…more

Abandoned Property, Consumer Bankruptcy, Junior Lenders, Lien Stripping, Mortgages

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The Equal Credit Opportunity Act: Overview of Damages for Violations

As previously discussed on this blog, the Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national origin, marital status, and age among…more

Consumer Lenders, ECOA, Enforcement

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Bank of Manhattan v. FDIC

We have previously posted about some of the protections available under FIRREA to the FDIC as Receiver of a failed bank, including the FDIC’s power to enforce contracts of the failed bank under 12 U.S.C. § 1821. A recent…more

Banks, FDIC, FIRREA, Insolvency, Participation Agreements

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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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CMBS – Risky Business?

Commercial Mortgage-Backed Securities (CMBS) loans are on the rise and many familiar with the market are concerned with the relaxed underwriting standards. Interestingly, looser underwriting standards and increased loan volume…more

Banking Sector, CMBS, Higher-Risk Securitizations, Mortgage-Backed Securities, Underwriting

See All Updates »

Holder of Equity Interest in Bankrupt Company not Entitled to Become Shareholder in Reorganized Entity

A recent Eleventh Circuit case examines equity shareholders’ role (or lack thereof) in a reorganized entity. Vision-Park Properties owned an equity share of Seaside Engineering & Surveying, Inc. Seaside filed for Chapter 11…more

Chapter 11, Commercial Bankruptcy, Equity Securities, Reorganizations, Shareholders

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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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Force Majeure Clauses: An "Out" for Suppliers Facing Shortages and Supply Chain Disruptions From West Coast Labor Dispute

With the ongoing West Coast labor dispute and increasing port congestion causing gridlock, suppliers should look to their contracts to determine whether they have the right to declare force majeure with their customers in the…more

Contract Drafting, Force Majeure Clause, Labor Disputes, Ports, Supply Chain

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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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Condominium Association Assessments in Mortgage Foreclosure Cases

Recently, in Montreaux at Deerwood Lake Condominium Ass’n, Inc. v. Citibank, N.A., _ So. 3d _, 2014 WL 7183213 (Fla. 1st DCA Dec. 18, 2014), Florida’s First District Court of Appeal followed the Third District in Central Mortg…more

Annual Assessments, Condominium Associations, Condominiums, Foreclosure, Jurisdiction

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The Lien Stripping Saga Continues in Chapter 7 Bankruptcy Cases

In the latest chapter of “lien stripping,” the Honorable Judge Erik P. Kimball of the Southern District of Florida, Bankruptcy Court, recently grappled with the issue of whether a debtor can strip a completely unsecured junior…more

Abandoned Property, Consumer Bankruptcy, Junior Lenders, Lien Stripping, Mortgages

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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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