Maybe you are embroiled in litigation or the issues are complex or the stakes are high. Perhaps you have already considered the potential for appeal, and the final judgment may have already been entered in your case. That is, a winner and a loser have already been declared and the reality of an appeal is […]
Widerman Malek Law Blog
Res Ipsa Loquitur: Relieving Plaintiffs of the Burden of Proof
Usually, when someone files a lawsuit, he or she is responsible for proving that the person being sued—known as the defendant or the respondent depending on a few different factors—did something that he or she should not have done, and as a result the person filing the lawsuit—the plaintiff—was harmed in some manner. The idea […]
Steve Collins vs. Monterey County Water Agency Saga Continues
Former Monterey County Water Agency board director Steve Collins recently plead “no contest” to charges of “double-dipping” as a paid consultant by an outside agency while working for the Monterey County Water Agency. The project, a Regional Desalination Plant, was a failed project from the start. There was little funding compared to what was needed […]
Do you have an Overdue Library Book?
If you do and you live in San Angelo, Texas, you may want to return that book! Starting in March, 2014, they will not only list your name publicly, they will be taking you to court. Due to the fact that the Tom Green Country Library has more than 2,000 delinquent accounts, the library is […]
Permanent Alimony Ban Bill Approved by Florida Senate
Ex-spouses who depend upon alimony to live off of may be in jeopardy of losing this extra income. This past Thursday the Florida Senate voted and approved bill SB 718 with a 29-11 vote count, to ban permanent alimony. Senator Kelli Stargel, R-Lakeland voted in favor of passing the bill. He explains, “Back in the […]
Can I disinherit someone?
In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly. There’s a catch or two though. You can disinherit anyone to a certain degree. The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]
What are the odds a case is going to trial?
Before starting my legal career, I often wondered how many civil cases actually go to trial. I knew the number was small, but how many actually end up in trial. Why is the number so small? Is it just costs? For the ones that do make it to trial, are they mostly bench trials (decided […]
What does it take to create a trust?
A trust is an animal with several different heads. In order to create a non-charitable trust, you need several different parts. Section 736.0402, Florida Statutes, lays out the requirements for creating a trust in Florida. Non-charitable trusts require: (1) a settlor with capacity, (2) intent to create a trust, (3) a definite beneficiary, (4) duties […]
Can a Judge Make a Plaintiff Pay for Defendant’s Legal Fees?
In England, there is a law referred to as the “Loser Pays” Rule. The law states that the losing party of a civil litigation case must pay the winning party’s legal fees. The English created this law to deter individuals and corporations from making frivolous claims and wasting the judicial system’s time and also the […]
Admissibility of Business Records
By: J. Mason Williams IV Most law students and attorneys seem to either have little or no problem with evidence or they absolutely hate it, most probably fall in the latter group. If I have a document that I want to use as evidence, why can’t I? Evidence rules often seem tedious and unnecessary, but nonetheless, […]
