There are two different jurisdictional levels on the gay and lesbian marriage movement: (1) specific state movements, and (2) the federal laws regarding the recognition of state laws. Article Four, Section 1 of the United States Constitution states: "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof." Interestingly, despite the "Full Faith and Credit” Clause of the United …

Believe it or not, there are two different court systems in Florida Have you ever seen those business cards where the lawyer says “Attorney at Law” and wondered he or she could be an attorney of otherwise? Attorney at “non-law” or attorney at “something like the law, but not really the law?” Before I thought about being an attorney, I use to make fun of such commercials because I could not imagine that an attorney could be an “attorney at play” or “attorney at jokes” (though we all know a lot of attorney jokes).  In fact, the distinction between an attorney that practices in a court of law is…

A recent client had me write “mirror” wills for him and his wife. This means that if the husband dies first, the wife gets everything, and vice versa. The couple had a young son. A month later, the wife past away. The husband found out that his late wife, previously divorced, did not change her 401(k) retirement account payable-on-death beneficiary. Now the widower is in a fight for money that never was intended to go to the former husband, but rather, toward a college education for my client’s son.  Most people believe that a will is for “old people.” An 18-year-old single mother could never…

Summons: I define it as a court document that brings you under the jurisdiction of a court of competent jurisdiction. It starts a lawsuit. It gives a judge jurisdiction over you. If you ignore it for too long, the judge won’t call you like those pesky creditors; he or she will have you placed in custody.  In these tough economic times, a significant percentage of people have to choose whether to pay their mortgage over their credit card bills, or their car payment over an invoice. If you do not pay a creditor for long enough, you start to receive those pesky calls early in the morning, late …

After 33 days of trial, the Pinellas County jury in the Casey Anthony case found her guilty of four misdemeanors after only approximately 11 hours of deliberation.  We will likely find out why the jury did not convict Anthony of the only real charge the world really cared about at a later time: first-degree murder. I am certain there will be book sales and media appearances that will shed light on the jury’s thought process. However, I believe ultimately this case comes down to a simple and classic phrase in the criminal law system: Better to let a guilty woman free than to convict an …

We have talked before about what to do when a landlord is in foreclosure. But what about that security deposit when you leave at the end of a lease? Today’s column is about a principle of Florida landlord-tenant law that I find to be less well-known: I call it the “Fifteen-and-Thirty Day Rule.”Put simply, if you vacate your rental property upon termination of the lease, the landlord has 15 days to return your security deposit unless, within 30 days of you leaving, the landlord gives you written notice by certified mail to your last known address of why they intend to keep the deposit. I’ll …

On the heels of Father's Day don't forget what to do to be a dad, at least in the eyes of the state. There are three types of fathers in this world:     1.    Those that are biologically the father;     2.    Those that are legally the father; and    3.    Those that are biologically and legally the father.  Under Florida law, there is a clear distinction between a biological father and a legal father. There are many different scenarios where the distinction between a biological father and a legal father makes a huge difference.  In my experience, the difference between a biological father …

Have you heard of it?  Have your friends talked about it? Is there anyone you know who simply may not move farther than 50 miles from their current residence? The Florida Legislature calls it the Relocation Statute. Judges call it 61.13001, Florida Statutes.  Family law attorneys call it the 50-mile rule. It means a parent with majority child custody may not move more than 50 miles from his or her present residence if there is a Florida court order in place regarding the children. The only way is by getting a court order allowing the move or by getting the other parent's consent in writing. …

It’s counterintuitive, but in some cases, reducing the damages you seek to less than  $5,000 will let you recover more than seeking the full amount you are owed. This is not tricky math, just a tricky legal system problem.  When you file a lawsuit in Florida, the court you appear before depends on how much you are seeking in damages. If you are seeking $5,000 or less, you file in small claims court. If you are seeking $5,000.01 to $15,000, you file in county court. Anything above $15,000 is in circuit court.  The purpose of this article only is to discuss the benefits of small claims court …

When a young parent cannot take on full responsibility of caring for a child, but the parent refuses to give up their parental rights even temporarily, in the past the child was placed at risk by the prideful parent. Or, alternatively, the parent was stripped of all responsibility in favor of a family member. Isn’t there a common ground?   There is now a solution under Florida law: Concurrent Custody. By agreement of the parent(s) and a family member, the parties can agree to share legal responsibility for a minor child. The parent retains their rights such as making educational decisions, …

There are a lot of articles on Patch sites about how to buy a house, sell a house, get through a foreclosure, and avoid foreclosure. After reviewing these insightful articles, I thought I would address an issue that is quite common—but commonly overlooked: The tenant who lives in a house that is being foreclosed.   The peace of mind message for us tenants is that in almost all cases, we will not be evicted because our landlord is in foreclosure.Let’s take this in two steps: (1) protecting yourself before you decide to lease the house; and (2) what to do if you already live in the house and …

In response to a request from a reader below our column All Attorneys Know the Law, Right?, this column is about that dirty little term, known as a QDRO. QDRO is short for a Qualified Domestic Relations Order.Let me set the stage: You are in a “dissolution of marriage” action, commonly known as a divorce, and you are entitled to a share of your spouse’s retirement account.  You receive a final judgment dissolving your marriage and mail it to the former spouse’s company asking for your money. Your spouse’s employer says, “Nope, you are not entitled to your money until you comply with our rules…

My message today: Treat the treatment of a pet different than other property or else the animal will become simply property. I am a dog person. I love Zeus. He is a pure-bred Husky. He is the most beautiful, grumpy, temperamental, piece of property that I own.  My property talks to me, sometimes, more than my wife. My property loves his spot on the bed and his den in the back yard. He barks at chihuahuas and is scared of poodles. He is a valuable piece of property to me. I maintain my property, play with my property, feed my property, and clean up after my property.However, my dog is my …

You know what a contract is. It is that stack of paperwork you have to sign when you buy a home or a car.  It is that lengthy small-print, double sided piece of paper the cellular phone company makes you sign before you can buy or upgrade your phone. Did you also know that the credit card receipt you sign at the gas station and the marriage you entered into with your spouse are contracts as well? Did you know that the fancy engagement ring you gave to or received from your fiancé is a conditional contract?I do not mean to single out cellular phone companies, but their contracts in general …

I love the show Chopped.  It is a cooking show where the chefs must prepare an appetizer, main course, and desert in a small amount of time.  What I enjoy most is that pastry chefs always complain how difficult it is to beat the other chefs in the appetizer and main course meals. Likewise, the non-pastry chefs always say during the dessert portion something like, “I am worried about this course, I am not a pastry chef.” Attorneys are very similar to the contestants on Chopped. We know how to practice law, but some of us specialize in some areas and know only enough to be dangerous in others. …

Welcome to the first edition of Largo Patch's weekly column on legal issues. Each week, we discuss relevant legal issues in your community; the latest legal developments that affect those communities; or answer questions directly from readers. This column is for you, and therefore your comments and questions are highly encouraged. Please send specific legal questions to jts@simonslawfirm.com for potential publication.   This week’s column discusses small businesses and some tips on how to protect yours, whether it’s merely an entrepreneur’s great idea or an already-established business.   As …