Recent Articles

Contractor Lien Law (F.S. 713.21) Does Not Allow M-Compel Arbitration As Response to Discharge of Lien

November 20, 2008 20:12

In a statutory-driven area of construction law, the Fourth District (Klein, Farmer, and Taylor) once again bristle at a party's attempt to seek arbitration. Ironically, in their haste to torpedo the enforcement of arbitration in 2 pages or less, it appears they missed citing to pretty decent...

A "Cue" From Third DCA: Mediation Settlements Must Be Signed (Or "Make Sure You Read Rule 1.730")

November 17, 2008 14:15

We've mentioned before that verbal settlement agreements reached in the hallway are unenforceable. What about unsigned mediation settlement agreements? In a concise opinion, the 3rd DCA (Shepherd, Rothenberg, and Lagoa) advised the parties in Mastec, Inc. v. Rolando Cue that an unsigned agreement...

AT&T Wireless / iPhone Arbitration, Class Action Waiver Upheld in Middle District of Florida

November 10, 2008 14:03

We previously commented on the AT&T Mobility Wireless Service Agreement which comes with most AT&T Wireless (formerly Cingular) plans, including the iPhone. Since its inception in mid-2007, both the original and 3G iPhone have always required AT & T service as well as arbitration and class action...

Third Party Beneficiaries Not Entitled to Attorney's Fees Provided in Contract

November 06, 2008 20:15

Third party beneficiaries to a contract are not entitled to recover attorney's fees under that same contract, unless the fee provision is clear, specific, and unambiguous that it includes more than just the signing parties. In Civix Sunrise, GC, LLC v. Sunrise Road Maintenance Association, Sunrise...

What Can Companies Do if Florida Courts Invalidate Parental Waivers for Children's Activities?

November 03, 2008 14:40

Over the weekend, general counsel for a large Florida corporation asked me if her company should even bother to have parents sign waivers for their children who tour the company grounds or even ride bikes on the property. Lawyers around the nation might go wide-eye at the heretical suggestion of...

Florida Supreme Court Amends Rules on Mediator Sanctions & Discipline

October 27, 2008 22:13

The Florida Supreme Court last week amended various criminal, family, and mediator rules. Relative to mediators, the Court revised the appellate process relating to any finding of a violation of the mediator rules. According to In Re: Amendments to Florida Rules for Certified and Court-Appointed...

Florida Trend Legal Elite - vote

October 22, 2008 18:05

If you are a Florida lawyer, please follow the link below to submit a ballot for Florida Trend Magazine's 2009 Legal Elite list. Follow this link and enter "Christopher B. Hopkins" and "Butzel Long, P.C." for law firm. I appreciate your support!If you are a Florida lawyer, please follow the...

Lawyers Have No Implied Authority to Settle ("Emergency" Exception Has Never Been Applied)

October 20, 2008 21:38

Can an attorney settle a case based upon implied or apparent authority? The general rule is "no" and the exception to that rule exists as a matter of law but has never been exercised. So "no" means no. In Calvin A. Johnson v. Velma Virginia Skarvan, the plaintiff was represented by counsel and...

Waiver of Arbitration is Not Cured by Plaintiff Amending or Transferring Case

October 16, 2008 01:30

When I print out a new case, I often flip through to see when the case law begins to get cited. No, I'm not rushing to the end like someone who reads the last page of a book first. It's more of a law school habit. Court opinions set out the facts first and then the rule of law. A string of...

Can a Party Execute on a Debt and "Buy" an Arbitration Claim against it as a "Chose in Action"?

October 13, 2008 13:18

Sometimes cases play out like chess games, with each side having their own style and strategy. The game itself turns into a tricks and set-ups designed to distract the opponent in order to expose the queen. Whether you like the outcome or not, there was some insistent and clever lawyering in the...