Your chance to own a beautiful office condo in East Hollywood

Beautiful office condo for sale in East Hollywood. This view could be yours: Click here for more information. … [Read more...]

John C. Primeau recognized in Florida Trend magazine’s 2012 Florida Legal Elite

Butler & Primeau LLP congratulates John C. Primeau for being recognized by Florida Trend magazine in its 2012 Florida Legal Elite publication. The ninth annual edition of Florida Legal Elite recognizes a prestigious list of esteemed attorneys chosen by their colleagues.  The lawyers listed here exemplify a standard of excellence in their profession, and by doing so have received endorsement from their peers in voting for the 2012 Florida Legal Elite. The resulting lists represent … [Read more...]

Amended opinion – e-mail service is not mandatory until September 1, 2012

The Florida Bar sent out an email today clarifying that service by e-mail will not become MANDATORY until September 1, 2012, in civil, probate, small claims, and family law divisions of the trial courts, as well as in all appellate cases. E-mail service in criminal, traffic, and juvenile matters is not mandatory until October 1, 2013. The Florida Supreme Court's original opinion requiring e-service contained an effective date of July 1, 2012. A corrected opinion and correction notice were … [Read more...]

Save your home by deeding it to a trust?

The Palm Beach Post published an excellent article about the newest method some underwater owners are using to try to save their homes from foreclosure. Many people consider this a way to "beat the bank in foreclosures." Is it a brilliant legal strategy or just the latest scheme? You decide. The Post reports that at least two different companies (Fidelity Land Trust Co. and Equus Partners) are using a method to try to help underwater homeowners save their homes. [It's a] complex legal … [Read more...]

Service of pleadings via email is mandatory in Florida starting July 1st

Earlier today, the Florida Supreme Court released Opinion No. SC10-2101. All Florida lawyers need to read this opinion ASAP since it makes MAJOR changes to the Florida Rules of Judicial Administration, with conforming amendments to the Florida Rules of Civil Procedure, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Rules of Traffic Court, the Florida Small Claims Rules, the Florida Rules of Juvenile Procedure, the Florida Rules of Appellate Procedure, and the … [Read more...]

Can Florida judges be “connected” with lawyers on LinkedIn?

Can judges be “connected” with lawyers on LinkedIn? According to the Florida Judicial Ethics Advisory Committee, the answer is a qualified “no.”  See Opinion 2012-12. This isn’t the first time Florida's Judicial Ethics Advisory Committee dealt with the issue of judges’ use of social media and interactions with lawyers.  In a 2009 opinion, the same Committee ruled that it was not permissible for a judge to approve a lawyer who may appear before the judge as a "friend" on a social … [Read more...]

Should banks be able to avoid judicial fraud inquiries by voluntarily dismissing a case?

Should banks be able to avoid judicial fraud inquiries by voluntarily dismissing a case? The Florida Supreme Court heard arguments on that issue yesterday in Pino v. Bank of New York. The issue is pretty straightforward, but it is a very important one. In Pino, the Bank of New York filed a foreclosure lawsuit against Mr. Pino.  Mr. Pino’s lawyers challenged a document created by the bank’s lawyers (Law Offices of David J. Stern) and sought to question employees about the document’s … [Read more...]

John C. Primeau recertified as specialist in real estate law

Congratulations to John C. Primeau for recently being recertified by the Florida Bar as a specialist in real estate law. Board certification recognizes attorneys’ special knowledge, skills, and proficiency in various areas of law and professionalism and ethics in practice.  It is a voluntary program for lawyers, approved by The Florida Supreme Court and administered by The Florida Bar.  Certification is the highest level of evaluation by The Florida Bar of the competency and experience of … [Read more...]

Florida joins in $25 billion foreclosure settlement

It’s official. Florida Attorney General Pam Bondi signed off on the record $25 billion joint federal-state settlement agreement with the nation’s five largest mortgage servicers over foreclosure abuses and unacceptable nationwide mortgage servicing practices. Forty-nine of the fifty states have approved it, with Oklahoma being the lone hold out. According to the Florida Attorney General’s official press release, the settlement generally releases civil claims related to robo-signing, … [Read more...]

Broward Courts Considering Changes to Residential Foreclosure Mediation Program

I was honored to co-moderate last night’s Foreclosure Crisis Committee which was held by the Broward County Bar Association’s Real Property Section. I previously blogged here about the Florida Supreme Court’s termination of the statewide mandatory mediation program for residential foreclosures.  The new Administrative Order provides that circuit chief judges of each circuit may “adopt or employ any measures permitted by statute or court rule to manage pending and new residential … [Read more...]