By: Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. A recent decision of the First District Court of Appeal of Florida (“First DCA”) holds that Florida Statutes § 713.3471, which is part of Florida’s construction lien law, bars an unpaid contractor from asserting common law claims against a construction lender. An issue of...Read More

By: Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. The United States Supreme Court recently agreed to hear two Eleventh Circuit cases to resolve a circuit split regarding the ability to “lien strip” in chapter 7 bankruptcy cases. Last year, we reported on an Eleventh Circuit case that the Supreme Court declined to...Read More

By: Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. A recent decision by Florida’s Supreme Court (“Supreme Court”) reversing the 4th District Court of Appeal’s decision in Sanders v. ERP Operating Limited Partnership, 96 So.3d 929 (Fla. 4th DCA 2012), highlights the importance of maintaining adequate security in apartment complexes. The Sanders case...Read More

By: Tabitha S. Etlinger, Esq., Associate at Saxon Gilmore & Carraway, P.A. Published in FAHROGram March/April 2015 In the January/February edition of the FAHROgram, we discussed the Family Medical Leave Act (the “FMLA”), including its interaction with the Americans with Disabilities Act (the “ADA”). The 2014 annual statistics from the Equal Employment Opportunity Commission (the...Read More

By: Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. Today, the use of personal mobile devices for business purposes has become standard practice. While the convenience and increased efficiency these devices afford users is certainly beneficial to businesses, concerns arise regarding preserving the data transmitted to and from these devices. Text messages sent...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. The Florida Information Protection Act of 2014, Florida Statutes Section 501.171 (FIPA) went into effect just last year and substantially expanded Florida’s previous law regarding data breach notifications. FIPA replaced the previous data breach notification statute, Florida Statutes Section 817.5681, and clarified and...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. On January 13, 2015, the Supreme Court of the United States issued its opinion in the case of Jesinoski v. Countrywide Home Loans, Inc. The unanimous decision settles a circuit court split on what precise action is necessary for a borrower to rescind...Read More

By Tracy M. Evans, Esq.,  Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Recently, the Supreme Court of the United States agreed to hear a case involving the low-income house tax credit (LIHTC) program in Texas. The central issue to be decided is whether disparate-impact claims are viable claims under the Fair Housing Act. This is...Read More

by Ricardo L Gilmore, Esq., and Michael J Roper, Esq. Published in FAHROgram November/December 2014 As Florida public employers, housing authorities should be aware of a recent case regarding the constitutionality of a governmental body’s personnel policy that mandated drug testing for all job applicants. See Voss v. City of Key West, 2014 WL 1883588...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. A recent opinion issued by the Second District Court of Appeal (“Second DCA”) in the case of Dever v. Wells Fargo Bank, National Association (“Wells Fargo”), et. al., Case No. 2D13-5830, highlights an important deadline for junior lienholders seeking to claim surplus funds...Read More