Mark Leavitt Quoted in Florida Today on Eminent Domain

Published: February 14th, 2017

By: Mark R. Leavitt

Dean Mead litigation attorney, Mark R. Leavitt, is quoted in the article titled, Is a Slice of Jetty Park up for Grabs to Developers?, published in the online edition of Florida Today, February 3, 2017. Read the article here: Is a Slice of Jetty Park up for Grabs to Developers?

When Do Disclaimer Clauses Bar Fraud Claims?

Published: February 14th, 2017

By: Darryl M. Bloodworth

When Do Disclaimer Clauses Bar Fraud Claims: Billington v. Ginn-La Pine Island, Ltd., 192 So.3d 77 (Fla. 5th DCA 2016) Background of Case The Plaintiff was an investor from the UK who had invested in Bobby Ginn developments previously. In the 2004-06 time frame, he bought two lots in Bella Collina, a high end development in Lake […]

Junior Lienholders and Banks Need to Take Care to Timely File Claims For Surplus Funds

Published: February 6th, 2017

By: Joel C. Zwemer

Because real estate values are rising again in Florida, it is becoming more common for there to be third party purchasers at foreclosure sales who pay more than the amount of the foreclosure judgment in order to obtain title to the property being sold. The balance of the purchase funds, after payment of the clerk’s […]

High Flying Farmers Prevail Against County on Alleged Zoning Code Violation

Published: January 31st, 2017

By: Joel C. Zwemer

Farmers, Mr. and Mrs. Nipper (the “Nippers”), successfully appealed a judgment enjoining them from operating a sky diving business on their farm in Walton County. The Nippers owned and operated a 290 acre farm and twice sought permission from the Walton County Planning Department to supplement their income by operating a sky diving operation on […]

HOA Blog Series Part IV: Why Are HOA Fees Important?

Published: January 25th, 2017

By: Brian M. Stephens Peter M. Dunbar

FAQs on HOA Fees In Part 3 of this series, we discussed the HOA rules – where they come from and what happens when homeowners don’t obey the rules. If polled, more likely than not, few homeowners could recite a majority of their HOA’s rules. One rule, however, would likely be recognized by all. That […]

Multiple Emergency Declarations Make Eighteen Month Permit Extensions Available in Certain Florida Counties

Published: December 7th, 2016

By: W. Lee Dobbins

This summer, Governor Scott issued Executive Order Nos. 16-155, 16-156 and 16-204 declaring a State of Emergency for Palm Beach, Lee, Martin, and St. Lucie Counties due to toxic algae blooms in local water ways. The emergency declaration was for 120 days from the date of the original Executive Order on June 9, 2016. In […]

HOA Blog Series Part III: What Happens When You Don’t Follow HOA Rules?

Published: November 15th, 2016

By: Brian M. Stephens Peter M. Dunbar

You’re not the boss of me… In Part 1 and Part 2 of this series, we learned what it means to live in a common interest community, generally, and what documents are used to establish the community – looking specifically at homeowners association controlled communities (“HOAs”). In this Part 3, we’ll consider the HOA rules […]

Hunters and Ranchers Beware Screwworm Re-emerges in Monroe County

Published: October 24th, 2016

By: Brian M. Stephens Cari L. Roth

Not since the 1960s have biologists seen screwworm widely present in the United States. Recently, wildlife officials in Monroe County, Florida, noted the loss of a number of endangered Key deer, and the United States Department of Agriculture confirmed the presence of screwworm in Key deer in Big Pine Key and surrounding islands. That federal […]