Palm Beach County State Attorney Peter Antonacci has filed a voluminous legal motion asking Judge Barry Cohen to disqualify himself from all criminal cases. From my past experience, it is hard to believe attorney Antonacci’s claim has any merit. I have known Judge Cohen for my entire legal career of 25 years. I first met Mr. Cohen when I was a prosecutor working under David Bludworth. At that time Judge Cohen was a criminal defense attorney. Mr. Cohen presented as a competent, smart and ethical lawyer whose word was gold. Those of us in the legal community were excited and proud when Judge Cohen assumed the bench.

In his time as a Palm Beach County Court Judge, Mr. Cohen has proven to be the benchmark that judges should strive to achieve. He is hard-working, diligent, fair, polite and his knowledge of the law is extensive. Expressing displeasure with the current state of the criminal justice system is not an indication of his ability to be fair. If it were there would be no one left to try cases. I've tried cases as a prosecutor and a defense attorney in front of Judge Cohen, he is as steady a judge as any litigant could hope for. He delivers his sentences with well thought-out reasoning and compassion.

Continue reading "Palm Beach County State Attorney Asks Judge To Disqualify Himself" »

The process of separating or divorcing from a spouse is very stressful and emotional for most people. Many times, critical mistakes are made that can significantly affect a person's financial and emotional future. Here are a few suggestions on how to avoid causing yourself more harm.

Continue reading "Critical Mistakes to Avoid When Separating or Divorcing" »

A recent article in Reuters confirmed what many of us have been suspecting for the past several years. As women's incomes increase, so too does their obligation to support children and/or spouses under Florida's divorce code.

Alimony is now a two-way street and more women are paying men than ever before. The recent changes in Florida's child support statutes are now resulting in higher income mothers paying child support to fathers.

With the equitable distribution statute mandating a 50-50 split of assets/liabilities absent extenuating circumstances, many women are now getting the historic "bad news" that men have been receiving for years; not only are husbands receiving a 50% share of the assets/retirement accounts of their wives, they are also receiving child support and alimony. With the recent changes in Florida's child support statutes, it is not unusual for a father who has less than 50-50 time-sharing to receive child support.

For a free consultation on these new trends and changes to Florida's family law statutes, contact a florida family law attorney at the LaBovick Law Group to discuss your matter.

Florida Supreme Court Puzzled Over Power To Sanction Party After Voluntary Dismissal

Florida Supreme Court Reviews Monumental Foreclosure Fraud Case

The Florida Supreme Court held oral argument today on the foreclosure case of Pino v. Bank of New York/Mellon, a lawsuit that is getting national attention and could possibly rollback a plethora of foreclosures and make banks vulnerable to severe financial penalties in the state of Florida.

The Florida foreclosure case was voluntarily dismissed by the lender after the borrower established fraudulent documents had been used to establish standing to sue. The trial court and District Court of Appeal held that once a voluntary dismissal is filed, the court has no power to do anything further in the dismissed case, even in the case of fraudulent conduct. The Florida Supreme Court accepted jurisdiction to address this issue.

During oral arguments from the florida foreclosure attorney of each side in the case, the justices appeared to be in conflict over the necessity of even deciding this issue. After realizing the Supreme Court was going to allow the appeal to proceed, the parties reached a confidential settlement and requested the appeal be dismissed.

The Supreme Court declined to accept the dismissal, indicating the question was too important to pass up. However, after listening to the oral argument, there appears to be a great probability that the appeal will be dismissed as many of the judges did not see the necessity of resolving this issue and several indicated that the solution should be in changing the Rules of Civil Procedure to address the "can't fix fraud" issue.

My bet is that this appeal is going to be dropped, but we will eventually see changes in the Civil Rules of Procedure that will allow trial courts to sanction fraudulent litigation behavior even after a voluntary dismissal.

Florida has a statute dealing with parental relocation and what steps must be taken in order to seek approval when wanting to relocate with a child. Florida Statute 61.13001 defines relocation as at least 50 miles. But is it 50 road miles or 50 miles as the crow flies? The Florida 5th District Court of Appeal appears to have clarified that issue in a relocation dispute in which the parties’ settlement agreement uses the same 50 mile distance. But the kicker is that agreement does not indicate which method of measurement is to be used.

Tucker v. Liebknecht has now solved the problem! It is 50 miles as the crow flies. Given the analysis in this opinion, parents wishing to relocate within 50 miles (as the crow flies) from their residence, have an argument that they do not need to seek approval. In South Florida, such a distance can encompass multiple counties. Relocating such a distance definitely affects time-sharing abilities and affects quality time when traveling such distances.
For persons who have questions regarding their rights under Florida's relocation statute, you can schedule a free consultation with a florida family law attorney at LaBovick Law Group.

As John Goodman's lawyers ready themselves for another round of attacks on the jury verdict, I am left wondering whether or not rich people actually get a better shake at the courthouse than the average citizen. Mr. Goodman, with his vast wealth, has been able to assemble a top-notch criminal defense team with Roy Black and Mark Shapiro. Yet, with all of their expertise, open expense account and expert witnesses, the jury still convicted Mr. Goodman of all charges. While the verdict is being attacked for a variety of reasons, it seems clear to me that even if Mr. Goodman gets another trial he will be still convicted. He's facing 30 years in prison, and it seems likely that the judge will parcel out that sentence.

On the other hand, a young girl, also charged with DUI manslaughter, was recently sentenced to weekends in jail for the next five years followed by 15 years probation. This sentence seems uncharacteristically soft for the local state attorney. That defendant did not have an all-star criminal defense team and undoubtedly will end up better off than Mr. Goodman.

Many other rich people who have been charged with crimes spent a lot of money defending themselves only to end up in prison. O.J. Simpson and Phil Spector come to mind. Money cannot change the facts. Money cannot influence the dynamic of a jury once they retire to the jury room to deliberate the case. So while I am left to wonder whether or not rich people get a better shake at the courthouse, I do feel confident in saying that the system works for everyone.

Attorneys: Do you have clients who signed Power of Attorney (POA) documents after October 1, 2011? Did you make sure to include two witnesses?

Clients: Did you sign a POA within the last six months? Make sure to call your attorney right away to ensure you signed the new one, or yours may be invalid!

To meet new POA requirements, all of these documents must also be signed by 2 WITNESSES (the notary is considered a witness). Below are the two excerpts from the 2011 Statutes with regard to how the change affects POAs executed prior to October 1, 2011 and those executed after October 1, 2011.

709.2105 Qualifications of agent; execution of power of attorney.
(1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.
(2) A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03.
History.—s. 7, ch. 2011-210.

709.2106 Validity of power of attorney.
(1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105.
(2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution

The United States Department of Justice (US DOJ) announced an extension of the deadline for hotels and other public accommodations to modify their existing pool access for American Disabilities Act (ADA) compliance. The recent revisions to the ADA required every hotel and public accommodation with a pool to make significant and costly access modifications to their pool areas.

One of the required access modifications is the installation of a wheelchair lift on all pre-existing pools. However, there are not enough companies that make these lifts for the demand to be met. As a result of these concerns, the DOJ is extending the deadline and has announced a free webinar that will provide information and technical assistance regarding these requirements. The webinar will be held on May 9, 2012 from 2:30 to 3:45 PM EDT. Registration is now open, and those wishing to attend this webinar should go to http://www.ada.gov/regs2010/webinar_pools.htm.

LaBovick Law Group has a division devoted to representing businesses and property owners that maintain public accommodations that fall within the requirements of the ADA. Division Director Attorney Joseph R. Fields Jr. is the only Florida attorney who has been called upon to testify before Congress regarding abuse of the ADA by litigation groups and their attorneys. Persons or businesses with questions regarding their obligations under the ADA may set up a free telephone conference to address their needs.

I wish it was as simple as stating "yes" or "no". Unfortunately, there have been so many lawsuits across the country between buyers and sellers regarding the "proper" disclosure, that there is now (for the most part) no excuse for Sellers' not knowing the proper standard.

The standard is a reasonable common sense standard. If the buyer can see the defect when they are inspecting your home, then you do not need to "tell them" (disclose) about the defect since it is readily observable. This, however, is not what results in lawsuits by the buyers. It’s the defects that the buyers can’t see,and later find out 6 months after moving into the home, that starts the lawsuit

What does this mean? As the seller, you are required to tell the buyers of defects that exist within your home, but that the buyers cannot see when they walk through your home. Prime examples are leaky roof, termites, or foundational cracks. As a seller if you know you have these problems or similar problems then you are required by law to tell the buyer so the buyer can make an informed decision on whether he/she wishes to still purchase the home.

Well, I know what you are asking now. What if I didn’t know? As mentioned before, this is a common sense standard so you are not required by law to disclose defects that you didn’t know about either. I still know what you are thinking now. As seller, I can probably identify 100 small little defects, i.e, chipped plaster in a small corner of my bedroom, stains along my floors in the kitchen or maybe a kitchen cabinet doesn’t properly close all the way. Remember, this is a common sense standard so only huge defects (material) that are not readily observable need to be disclosed. If the buyers would change their mind and not buy your home over the "defect", chances are the defect is material.

What this all boils down to is that as sellers you should put every known defect in your home on your seller disclosure to avoid any future liability.

So to conclude, just remember, when in doubt disclose in writing and you will be protected.

For more information on this and other real estate matters, contact one of our West Palm Beach lawyers at LaBovick Law Group.

It was recently announced that Zimmerman will be charged in the Trayvon Martin case. The State Attorney Angela Corey is going to have an announcement at 6 p.m. Wednesday to announce more details of the case.

George Zimmerman is rightfully being prosecuted for murdering Trayvon Martin. It shouldn't take a Grand Jury to figure out that a representative of our community needs to decide whether his excuse for shooting a child in cold blood is acceptable. That is what a jury is for.

The parents of Trayvon Martin are going through a grieving cycle that often times leads to animosity and hard feelings between the parents. When a child is hurt or dies at the hands of another, parents will search for reasons or excuses why it happened.

Sometimes they start to blame each other. Sometimes, like in this case, there are no rational explanations or reasons other than some crazy wacko had it out for a person that he didn't think belonged in his neighborhood.

Zimmerman's attitude belies an underpinning of discriminatory beliefs against someone because of their skin color. In Zimmerman's mind, Trayvon didn't belong and that gave Zimmerman license to question and kill.

Shame on The Media in The Trayvon Martin Case

As the parents go through the anguish of all of the press and publicity surrounding the Trayvon Martin case, please keep in mind that they need their privacy in order to grieve. Perhaps the media should back off and leave them alone for a while. The Trayvon Martin case is not going to trial for months, and the media doesn't need soundbites or video clips of the parents to increase their ratings.

Since the passage of the Americans with Disabilities Act over 20 years ago, it is no longer uncommon to see persons with disabilities in all facets of society. But what about children with disabilities? Are children covered by the ADA law? Absolutely.

Child ADA Law Compliant Example

A recent complaint by the parent of a visually disabled child was recently settled with a requirement that the football league allow the child to a wear a tinted visor instead of forcing him to wear sunglasses that would fog up and fall off. Given the league’s only opposition to the request for an accommodation was that paramedics might have to remove the helmet to check the child's pupils in the event of an injury, the United States Department of Justice office in charge of enforcing private complaints had no trouble pointing to the dozens of professional football players who wear similar visors.

This case is a good example of parents being advocates for their children with disabilities. In situations where parents have done all they can do, and they are still not satisfied with the accommodation, an ADA law attorney with strong knowledge of the ADA laws and these types of settlements is absolutely necessary.

Contact an ADA Law Attorney

LaBovick Law Group has a division devoted to the rights of those with disabilities. Call the LaBovick Law Group at 888.777.3884 for a free consultation to discuss the ada guidelines and your options. The attorney team at the LaBovick Law Group help clients from our Palm Beach Gardens, West Palm Beach, Boynton Beach, and Boca Raton offices. We represent ada disability clients throughout Florida, including Palm Beach County, the Treasure Coast, Palm Beach Gardens, West Palm Beach, Jupiter, Boynton Beach, North Palm Beach, Stuart, Deerfield Beach, Port St. Lucie, Vero Beach, Lake Worth, Tequesta, Ft. Pierce, Lake Park, Riviera Beach, Boca Raton, Fort Lauderdale, Orlando, Tampa, Jacksonville, Miami, Pompano Beach, Hollywood, Coral Springs, Delray Beach, Greenacres and Wellington.

Ever since the complete housing market debacle, and subsequent economic turmoil including huge layoffs, the word bankruptcy has become a much more common term. It is a real concern for many consumers that are drowning in credit card debt, back taxes and delinquent mortgage payments.

Even the rich and famous are not immune. Warren Sapp, the famous NFL football player and Dancing With The Stars contestant, filed for chapter 7 bankruptcy a week ago here in South Florida. It was reported in court documents that he owes more than $6.7 million to creditors, back child support and alimony.

I get many questions emailed to me about bankruptcy issues, so I thought I would invest the time to answer a bankruptcy question I received recently.

Bankruptcy Question of The Day

A woman recently wrote asking "Can I declare chapter 7 bankruptcy and still be able to keep ownership of my car?" She asked this because she stated "I am concerned because I need my car to take my children to school and also for my commute to work."

The short answer is that, more often than not, you can find a way to keep it under Florida bankruptcy laws. If you have a car which is financed, and is worth less than what you currently owe, then you may ask the bankruptcy court to let you hold onto the automobile and keep making payments toward the debt. If the car is worth more than what you owe, you are still entitled to exemptions that protect some of the equity that you have in the car and you may be able to negotiate a deal with the bankruptcy court so that you can retain ownership.

For example, if you do not own a home or if you do not intend to keep the home you reside in as part of the bankruptcy, then an additional exempt $6000 of homestead protection may be attainable to protect that amount of equity in the automobile if needed.

Call the LaBovick Law Group at 888.777.3884 for a free consultation to discuss the bankruptcy process and your options. The Florida bankruptcy team at the LaBovick Law Group help clients from our Palm Beach Gardens, West Palm Beach, Boynton Beach, and Boca Raton offices. We represent bankruptcy clients throughout Florida, including Palm Beach County, the Treasure Coast, Palm Beach Gardens, West Palm Beach, Jupiter, Boynton Beach, North Palm Beach, Stuart, Deerfield Beach, Port St. Lucie, Vero Beach, Lake Worth, Tequesta, Ft. Pierce, Lake Park, Riviera Beach, Boca Raton, Fort Lauderdale, Orlando, Tampa, Jacksonville, Miami, Pompano Beach, Hollywood, Coral Springs, Delray Beach, Greenacres and Wellington.