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Safe School Zones, Safe Students

Safe School Zones, Safe Students

It’s an exciting time in Pinellas County as the students throughout the county head back to school. With it being that time of year though, there are a lot of things that you need to keep in mind to keep everyone safe as the students head to class.
Tropical Storm Emily Inundates Tampa Bay With Rain & Wind

Tropical Storm Emily Inundates Tampa Bay With Rain & Wind

When your property incurs damage, it’s a stressful situation. It’s common to take relief in the fact that you have purchased an insurance policy to cover your damages, should you ever need it. You may think that once you’ve submitted your claim, receiving your money to cover your losses would be a streamlined and dignified process.
Battaglia, Ross, Dicus & McQuaid, P.A. Announces New Partner Jonathon W. Douglas

Battaglia, Ross, Dicus & McQuaid, P.A. Announces New Partner Jonathon W. Douglas

Battaglia, Ross, Dicus & McQuaid, P.A., one of Tampa Bay’s oldest and prestigious law firms, today announced Jonathon W. Douglas has joined their firm as a Partner effective July 10, 2017.  Mr. Douglas will focus on Plaintiff’s Bodily Injury and Property Insurance Claim cases.
Is It Time To Put Some Teeth Into The Resident Agent Statutes

Is It Time To Put Some Teeth Into The Resident Agent Statutes?

It appears that corporate and limited liability company defendants have an advantage over plaintiffs if they are willing to avoid the resident agent statutory requirements or circumvent the requirements by using multiple layers of entity resident agents that have no entity officers or employees present at the resident office.
If A Seller’s Broker Could Be Liable To Purchaser For Fraudulent Non-Disclosure In A Residential Sale, Would A Transaction Broker And/Or A Buyer’s Broker Also Be Liable

When is a Transaction Broker Liable?

The opinion of Goodman v. Rose Realty West, Inc., 193 So.3d 86 (Fla. 4th DCA 2016) indicates that a seller’s real estate agent’s knowledge of defects that materially affect the value of the property which were not readily observable and not disclosed to the buyer could make the seller’s broker for whom the agent worked liable to the buyer.
Changing Sun Biz Information Without The Proper Authority Can Be a Problem You Do Not Want

Changing Sun Biz Information Without The Proper Authority Can Be a Problem You Do Not Want

During marital divorces and business divorces, people occasionally rush to change the information on the Secretary of State’s Sun Biz website without first determining whether they have the authority to do so. Sometimes, the portions of the corporate/LLC records that grant the authority to replace officers, directors, managers, or persons with authority are not reviewed for many years preceding the dispute, even though circumstances have changed since the initial granting of the authority or elections to office. While most business owners are busy running their business, trying to make a profit, dealing with the day-to-day business activities, and other various problems, there is very little time left to review corporate/LLC records. It is easy to just file the annual report without reviewing what authority one has to make the entries that appear in the report.
Reflections on “OJ: Made in America” from a Criminal Defense Lawyer

Reflections on “OJ: Made in America” from a Criminal Defense Lawyer

I recently watched the five-part documentary, “OJ: Made in America”, on ESPN and felt compelled to comment on it.  Was I the only one disappointed by the behavior of the lawyers during the course of the trial?  Notwithstanding the outcome and the evidence, I asked myself, “Is this how our criminal justice system really works?”
Cleaning Up The Dockets: The Judiciary’s Push For The Efficient Practice Of Law

Cleaning Up The Dockets: The Judiciary’s Push For The Efficient Practice Of Law

It is not uncommon in the practice of law for an attorney to timely submit a motion to the court but to allow a substantial amount of time to pass before setting that motion for hearing.  Without a hearing, these motions almost never get decided and the case remains stagnant.  Perhaps this tardiness is a delay tactic or it could just as easily be the result of an honest scheduling conflict. Whatever the case, a recent ruling from Florida’s 4th District Court of Appeals suggests that perhaps attorneys should be more diligent in ensuring that their motions are timely set for hearing.
Looking for a Reason to Select a Member-Managed or a Manager-Managed LLC

Looking for a Reason to Select a Member-Managed or a Manager-Managed LLC?

Sometimes it is difficult to decide whether to select a Member-managed or a Manager-managed LLC or to answer a client’s questions on why to select one over the other.  For a multi-member LLC, one reason to consider is the difference in the rules that apply to a request of a member to inspect books and records of the LLC.
Reporting to Your Insurance Company and Giving a Recorded Statement - Why You Should Consider Consulting an Attorney

Reporting to Your Insurance Company and Giving a Recorded Statement – Why You Should Consider Consulting an Attorney

In order to recover for a loss from an insurance company, you first have to report the loss.  In the legal/insurance parlance, this is called reporting a claim.  Insurance policies typically have a “duty of cooperation” clause.  What this means is that when you report a loss to your insurance company, you must cooperate and provide them information regarding the loss.  Keep in mind this discussion is related only to dealing with your insurance company, the one you pay to protect you.  You do not owe a duty to cooperate to someone else’s insurance company though there are situations in which that might be beneficial to you. 
How a Period of Time Should Be Counted

How a Period of Time Should Be Counted

When a lawyer, judge, law or rule requires the counting of a period of time, it may not be done the same way that you would count the time period. For example, are either of the first and last day of the period included or excluded? Are you counting forward or backward?
Piercing the Corporate Veil: Protecting Yourself from Personal Liability

Piercing the Corporate Veil: Protecting Yourself from Personal Liability

Are you a business owner in Saint Petersburg, Florida? Have you incorporated your business for the purpose protecting yourself from personal liability? As a lawyer practicing Business Law in Pinellas County, I have found that many business owners mistakenly believe that by incorporating their business they are automatically shielded from personal liability. Far too often, business owners choose to prepare their own organizational documents or they use an online service in an effort to reduce the expenses associated with forming their business entity. While this decision may save these business owners a few dollars on the front end, the future implications can be disastrous. Under Florida Law, there are specific formalities that must be satisfied to ensure adequate protection from personal liability.

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