By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. On January 27, 2014, the U.S. Court of Appeals for the Fifth Circuit issued a decision in the case of In re Denver Merchandise Mart, Inc., 740 F.3d 1052 (5th Cir. 2014), weighing in on the enforceability of prepayment clauses in promissory notes...Read More

By: Michael T. Fraser, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. The Florida Supreme Court, in Intervest Construction of Jax, Inc. v. General Fidelity Insurance Co., recently held that a third party was permitted to satisfy an insured’s self-insured retention obligation pursuant to a general liability insurance contract, thereby triggering the insurance carrier’s coverage...Read More

By Michael T. Fraser, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. One of the issues that frequently crops up in Florida legal malpractice actions is when, exactly, the statute of limitations begins to run. What at first would seem to be a fairly straightforward issue, has actually resulted in numerous Florida Supreme Court and...Read More

By Tabitha Etlinger, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Earlier this month, the Eleventh Circuit, 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), ruled that South Florida Water Management District (“SFWMD”) could not be liable in a...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 Federal Financial Institutions Examination Council (“FFIEC”), which comprises the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Consumer Financial Protection Bureau, and the...Read More

By:  Michael T. Fraser, Esq., Associate at Saxon, Gilmore, Carraway & Gibbons, P.A. The United States Supreme Court, in a recent decision, reinforced the use of forum-selection clauses in contracts.  In the case of Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 571 U.S.       (2013), Justice Alito, writing...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. We previously reported on the recent activity of the Consumer Financial Protection Bureau (“CFPB”) regarding changes to Regulation Z, which implements the Truth in Lending Act. The previous article can be viewed here. Earlier this year, the CFPB also released new mortgage servicing...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. A recent lawsuit filed against the City of Miami (the “City”) brings to light the importance of correctly determining whether a meeting must be made open to the public under Florida’s Government-in-the-Sunshine Law (“Florida’s Sunshine Law”). The lawsuit was filed on September 23,...Read More

By Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Under a recently enacted Florida Statute, 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 on July 1, 2013, and requires...Read More