by Ricardo L. Gilmore, Esq., Shareholder, Saxon, Gilmore, Carraway & Gibbons, P.A. Published in FAHROgram, July/August 2014 I sent many of you a memo concerning a public records request you may have received from ask4records@gmail.com that asked for email addresses and a copy of the minutes of your last board meeting. I also discussed this...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. A common defense in mortgage foreclosure actions is that the statute of limitations has run. In Florida, mortgage foreclosure actions are subject to a five year statute of limitations pursuant to Fla. Stat. § 95.11(2)(c). The statute of limitations begins running from the...Read More

By: Suzanne J. Decopain, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Published in September/October 2014 FAHROgram Many times, a landlord may observe illegal drugs in “plain view” while inside a resident’s unit to make a requested repair or to conduct a routine inspection. A landlord is permitted to enter a resident’s unit under Section...Read More

By  Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Last year, we reported on the recent activities of the Consumer Financial Protection Bureau (CFPB) including its proposed amendment to Regulation Z’s ability-to-repay rule that provided an exemption to the ability-to-repay rule for certain nonprofit creditors.  The previous article can be viewed here. ...Read More

By Tabitha S. Etlinger, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. In January, we summarized the Eleventh Circuit decision in United States of America ex rel. Michael Lesinski v. South Florida Water Management District, No. 12-16082, 2014 WL 23737 (11th Cir. Jan. 2, 2014). The Eleventh Circuit ruled in Lesinski that South Florida Water Management...Read More

By Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. A judge in Brevard County, Florida recently issued a Final Judgment finding a private entity subject to Florida’s public records laws to the extent that the private entity’s records were generated during the performance of a statutorily authorized function delegated by the county....Read More

By: Michael T. Fraser, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Published in FAHROgram, May/June 2014 Most businesses like housing authorities understand that discriminating against an employee based solely on that employee’s religious beliefs (or lack thereof) is not only morally wrong, but is illegal. Unfortunately, despite that fact, according to the most recent...Read More

By Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Published in FAHROgram March/April 2014 Under a recently enacted Florida Statute, certain individuals and entities entering into contracts to perform services for public agencies will now be contractually required to comply with Florida’s Public Records Act. Florida Statutes § 119.0701 went into effect...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Lien stripping refers to a process in bankruptcy where a debtor may be permitted to void certain liens or portions of certain liens that are either undersecured or wholly unsecured. There are two types of lien stripping: strip down and strip off. Strip...Read More

By Michael T. Fraser, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. The relation-back doctrine, found in Rule 1.190(c), Florida Rules of Civil Procedure, holds that amended pleadings, filed after the expiration of the applicable statute of limitations, are permitted because all subsequent pleadings to the original complaint “relate back” to the date of the...Read More