http://boginmunns.com/law-firm-blog Orlando Personal Injury & Commercial Law Firm Tue, 27 Jul 2010 15:27:59 +0000 http://backend.userland.com/rss092 en The Durable Power of Attorney is traditionally one of the basic documents executed when undertaking your estate planning, creating a mechanism to handle your financial affairs prior to your death.  However, because of the broad powers granted in it, you should analyze the associated risks and benefits before signing one.  ... http://boginmunns.com/law-firm-blog/index.php/do-you-need-a-durable-power-of-attorney/ As Seen In the July / August 2010 edition of orlandoREALTOR By: Henry M. Cooper, ESQ. Under the Protecting Tenants At Foreclosure Act of 2009, certain tenants now have right post foreclosure sale. This act provides that when a foreclosure occurred on a federally-related mortgage loan or on any dwelling or residential ... http://boginmunns.com/law-firm-blog/index.php/evicting-a-tenant-in-a-distressed-market/ According to Florida Statute Section 316.614 (4), it is unlawful for any person: (a) To operate a motor vehicle in this state unless each passenger and the operator of the vehicle under the age of 18 years of age are restrained by a safety belt or by a child restraint ... http://boginmunns.com/law-firm-blog/index.php/legal-reasons-as-to-why-you-must-wear-your-seatbelt-in-florida/ There was a time when a handshake and your word was as good as any written contract. Those days, unfortunately, have long since past.  Today, reaching an agreement and getting it in writing is a key to any successful transaction.  Most people will enter into hundreds of contracts during the ... http://boginmunns.com/law-firm-blog/index.php/i-just-signed-a-contract-but-what-does-it-really-mean/ While non-compete agreements were once a rarity, they have become somewhat common in the modern workplace.  Issues regarding the drafting, interpretation, and enforcement of such agreements are common topics for the employment lawyers at Bogin, Munns, & Munns, P.A.  In this regard, the firm both meets with and often represents ... http://boginmunns.com/law-firm-blog/index.php/non-competition-agreements/ Most people who are involved in a motor vehicle accident are often confused when they meet with a lawyer for the first time after an accident.  Often times, they expect to see the justice, drama and large awards like they see on television.  They expect to be sent to a ... http://boginmunns.com/law-firm-blog/index.php/what-should-i-expect-from-my-motor-vehicle-accident-case/ There are three common types of ownership for property owned by more than one person. 1.  Tenancy by the entireties: Only a husband and wife can own property as tenants by the entireties.  If real property is owned by a husband and wife, there is a presumption of a tenancy by the ... http://boginmunns.com/law-firm-blog/index.php/types-of-joint-ownership-of-property-amongst-individuals/ The first part of this article discussed the economic realities test which is applied in minimum wage, overtime, and Family & Medical Leave Act cases.  If the case at issue involves, for example, race discrimination under Title VII, sex discrimination, disability discrimination, etc., then the courts apply the common law ... http://boginmunns.com/law-firm-blog/index.php/employee-v-independent-contractor/ Dog bite cases in Florida are governed by Florida Statute 767.04.  In pertinent part, Statute 767.04 provides that the “owner of any dog that bites any person while such person is on…the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the ... http://boginmunns.com/law-firm-blog/index.php/liability-issues-and-injury-cases-arising-from-dog-bites-in-florida/ In all contracts there is an implied covenant of good faith and fair dealing.  The purpose of the implied duty of good faith is to protect the parties’ reasonable commercial expectations. This legal concept is fair and just and can often be relied upon by a party to a contract; however, ... http://boginmunns.com/law-firm-blog/index.php/implied-covenant-of-good-faith-and-fair-dealing-in-contracts/ HB 0337 and SB 968, if enacted, would amend Florida Statutes 718.116 by providing condominium owners who are delinquent on their assessments an opportunity to receive a “notice of delinquency”.  The notice would specify each assessment sought by the association, the date of the assessment or charge, and the corresponding ... http://boginmunns.com/law-firm-blog/index.php/florida-house-and-senate-consider-bill-affecting-condominium-associations-ability-to-collect-debts/ You have a home that you are leasing to a tenant.  Your tenant fails to pay you rent and refuses to vacate the property.  You may or may not be able to evict the tenant for non-payment or otherwise remove the tenant from the property.  Your ability to do so ... http://boginmunns.com/law-firm-blog/index.php/is-your-tenant-a-%e2%80%9ctenant%e2%80%9d/ In most situations, unfortunately, yes. Florida Courts, traditionally, have said that the owner of a motor vehicle is responsible for accidents and injuries caused by that vehicle, even when the vehicle is driven by a friend or family member. The courts have gone so far as to state that when a ... http://boginmunns.com/law-firm-blog/index.php/rental-car-companies-immune-from-responsibility/ You may not recall the information you provided on your insurance application, but your insurance company does.  If you neglected to provide full and accurate responses to the questions on your application for insurance, you may not have insurance coverage. Insurance companies are allowed to void an insurance policy if ... http://boginmunns.com/law-firm-blog/index.php/so-you-think-you-have-insurance-coverage/ Typically, a realtor/property manager conducts a detailed investigation concerning the prospective buyer/tenant to ensure that this person is capable of performing his obligations under the subject transaction.  However, how many realtors/ property managers perform the same due diligence with their clients?  In this market, it is vital that you as ... http://boginmunns.com/law-firm-blog/index.php/residential-property-management-due-diligence/ Have you heard in the news that you can get paid for letting your home go through foreclosure?  There is a new government program that does provide financial incentives to the borrower.  The U.S. Treasury Department issued Supplemental Directive 09-09 which is being called HAFA.  HAFA is a part of ... http://boginmunns.com/law-firm-blog/index.php/home-affordable-foreclosure-alternatives-program-hafa/ Use caution when proceeding through intersections, look to the left, then right, then left again. When stopping at a traffic light and the light changes to green, use the “5 second rule” and wait 5 seconds before proceeding. Leave a safe distance between your car and others.  A general rule is for ... http://boginmunns.com/law-firm-blog/index.php/avoiding-accidents-safety-tips/ My first boss always told clients that there are three things you need for any claim.  First, you need liability.  Somebody had to do something wrong.  In a car accident this usually means someone hit you from behind, ran a stop sign or red light, or otherwise engaged in some ... http://boginmunns.com/law-firm-blog/index.php/three-elements-of-a-civil-claim/ The residential leasing market has been dramatically changed due to the Great Recession that has given rise to new laws and regulations promulgated by the federal government.  Now more than ever, residential rental property managers need to be aware of these new laws and regulations to avoid unintended legal consequences ... http://boginmunns.com/law-firm-blog/index.php/be-wary-of-red-flags/ On February 11, 2010, the Florida Supreme Court made significant changes to the Florida Rules of Civil Procedure as they pertain to initiating new residential foreclosure actions in Florida’s Courts.  The Court’s opinion follows a series of changes that are being made on the local court level to stave off ... http://boginmunns.com/law-firm-blog/index.php/the-new-rules-of-procedure-for-initiating-a-mortgage-foreclosure-action-in-florida/ So, you allow a friend or family member to drive your car.  This person is involved in an accident with your car and there are personal injuries involved.  It is determined that the person you allowed to drive your car was at fault for the collision.  You are upset about ... http://boginmunns.com/law-firm-blog/index.php/car-safety/ In theory, Florida’s No Fault Automobile Insurance Law was intended to lower the cost of auto insurance by taking small claims out of the court by requiring each insurance company to compensate its own policyholders for the cost of minor injuries regardless of who was at fault in the accident.  ... http://boginmunns.com/law-firm-blog/index.php/florida-no-fault/ Many people create a new business with 2 owners each owning 50%.  When times are good, usually at the start of the business, the equal ownership is generally not a troublesome issue.  However, when times get bad, or even when times are good, the 2 individuals may develop different ideas ... http://boginmunns.com/law-firm-blog/index.php/what-happens-when-the-owners-of-a-company-can-no-longer-reach-agreement/ Spring time is almost here in Florida!  It’s time to wipe down the cobwebs and dust off the barbecue and lounging chairs, spruce up the swimming pool, and invite your friends and family over for some good old fashioned food and southern frivolity.  Suddenly, somebody is seriously hurt or, even ... http://boginmunns.com/law-firm-blog/index.php/play-dates-pool-parties-peace-of-mind/ Pursuant to Florida Statute Section 768.79 (1), the Florida Legislature has allowed both the Plaintiff and Defendant the ability to file in the courts of this state what are called Proposals for Settlement, formerly known as Offers of Judgment, to the opposing party. If a Defendant files a Proposal for Settlement which is not accepted ... http://boginmunns.com/law-firm-blog/index.php/proposals-for-settlement-in-civil-claims-in-florida/ I. What automobile insurance is required by Florida law? Florida Law requires that a vehicle owner (of four wheels or more) purchase a minimum of $10,000.00 of Personal Injury Protection (PIP) and a minimum of $10,000.00 of Property Damage Liability (PDL) insurance. II. What basic coverage is available to an insured (or ... http://boginmunns.com/law-firm-blog/index.php/understanding-basic-florida-automobile-insurance-coverage/ Rulon Munns is featured in the January/February issue of Central Florida's Lifestyle Magazine Executive Living (a  supplement to Orlando Business Journal). Click here to learn more about Rulon Munns and his faith, family, and  work. http://boginmunns.com/law-firm-blog/index.php/at-home-with-rulon-munns/ People are often surprised to learn that there are no laws that require employers to be reasonable, polite, or even fair in their decisions regarding hiring, firing, promotions, demotions, discipline, and job duties.  Employers can legally make employment decisions for good reasons, bad reasons, or even for no reason at ... http://boginmunns.com/law-firm-blog/index.php/employment-discrimination/ If you are considering filing for divorce in Florida then you have probably been filled with lots of information from your friends, family members and acquaintances.  The purpose of this article is to provide general information regarding divorce to the general public.  It is by no means intended to comprehensively ... http://boginmunns.com/law-firm-blog/index.php/divorce-in-florida/ Orlando employers are increasingly attempting to classify workers as independent contractors.  The upside for the employer is substantial in terms of avoiding payroll taxes, worker’s compensation insurance, minimum wages, overtime wages, and, even, compliance with anti-discrimination laws which apply to employees and applicants for employment and not to independent contractors ... http://boginmunns.com/law-firm-blog/index.php/employee-v-independent-contractor-part-i-of-ii/ Hospital liens: A hospital lien grants the hospital, providing medical care and treatment to the injured person, a lien right (right of reimbursement) in the injured person’s proceeds from a settlement or judgment.  Though there is no statewide uniform hospital lien law, the lien laws exist on a county-by-county basis ... http://boginmunns.com/law-firm-blog/index.php/what-does-a-lien-or-right-of-subrogation-mean-and-what-impact-does-it-have-on-my-personal-injury-case/ While most know that a promissory note and a mortgage are the two essential documents of a real estate loan, some don’t know the differences between them.  The note is evidence of indebtedness and a promise to repay the loan.  The mortgage is a pledge of security for the debt, ... http://boginmunns.com/law-firm-blog/index.php/difference-between-a-promissory-note-and-the-mortgage/ There are many types of leases that can be structured for the leasing of real property.  The type of lease that is appropriate for any given transaction will depend on the parties’ objectives, financial strength, long term or short term intentions for the property and the management skills of the ... http://boginmunns.com/law-firm-blog/index.php/triple-net-lease-issues/ Q.         Are there any legal ramifications if my client is not a U.S. citizen and is selling his residential property located in Florida? A.     Yes.  Your client may be subject to the Foreign Investor in Real Property Tax Act (FIRPTA).  FIRPTA requires that the buyer involved in your transaction withhold 10 percent ... http://boginmunns.com/law-firm-blog/index.php/florida-real-estate-tax-questions/ For the purposes of this discussion we are going to assume that we are talking about Florida state courts. The rules and timelines in federal and other special courts can be quite different.  First, you need to determine if you are sued. Letters from collection agencies or attorneys demanding payment ... http://boginmunns.com/law-firm-blog/index.php/what-do-i-do-if-i-am-sued-in-a-florida-state-court/ An Independent Medical Examination is not Independent.  The doctor that performs Independent Medical Examinations typically works for a company that has been hired by your automobile insurance company.  The Independent Medical Exam is not intended for treatment.  The purpose of the exam is to determine whether your automobile insurance company ... http://boginmunns.com/law-firm-blog/index.php/an-independent-medical-examination-is-not-independent/ I. AT THE SCENE If you are on our web page it is probably too late and you have already had an accident, but just in case here is what you should remember when you are in a car crash. First – always consider safety first.  You are NOT required to leave ... http://boginmunns.com/law-firm-blog/index.php/what-to-do-if-you-are-in-an-accident/ Many websites promise to let you make your own Will quickly and easily online, and then download it for printing.  Is this a good idea?  Do you know enough about Wills, Trusts and Probate to know what your legal options are?  Do you know how to sign your Will properly ... http://boginmunns.com/law-firm-blog/index.php/should-i-use-a-do-it-yourself-will-from-the-internet-how-does-that-differ-from-an-estate-plan/ Payment of Medical Expenses Resulting from a Motor Vehicle Accident When someone is injured in an accident as a result of someone else’s negligence it is a traumatic event which can have a dramatic effect on the person’s entire life.  One has to contend with the injuries, the stress of losing ... http://boginmunns.com/law-firm-blog/index.php/payment-of-medical-expenses-resulting-from-a-motor-vehicle-accident/ Why Carry Uninsured Motorist Coverage in Florida? Top 10 reasons 1. 15% to 27% of drivers on the road in Florida are uninsured drivers. 2. Florida law does not require drivers to carry bodily liability coverage - meaning that Florida drivers are not required to carry insurance which pays for the personal injuries ... http://boginmunns.com/law-firm-blog/index.php/top-ten-reasons-to-carry-uninsured-motorist-coverage-in-florida/ A neutral third party who is typically a law firm, title company, or real estate brokerage company is entrusted to hold in escrow a buyer’s earnest money deposit until this money is either credited to the buyer at the closing of the transaction or is dispersed to either the buyer ... http://boginmunns.com/law-firm-blog/index.php/triggering-events-to-release-of-escrowed-funds/ The purchase of your home may be the single largest investment that you will make in your lifetime.   At closing, you are given a deed to your home and you think – “Great, I own it.   As long as I pay my mortgage, taxes, contractors, and homeowner’s dues, no one ... http://boginmunns.com/law-firm-blog/index.php/the-owners-title-insurance-policy-why-you-need-it/ According to statistics released by the Florida Department of Highway Safety and Motor Vehicles, in 2008 there were 243,342 traffic crashes, involving 366,917 drivers.   Of those 243,342 traffic crashes, 212,119 involved some sort of injury, and 3112 involved a related fatality.  These statistics highlight the importance of having adequate insurance ... http://boginmunns.com/law-firm-blog/index.php/the-importance-of-uninsured-underinsured-motorist%e2%80%99s-coverage-in-florida/ The current economic downturn and recession have presented new challenges in connection with rental properties in Orlando and surrounding Central Florida areas.  Now more than ever, it is vitally important that you have a complete understanding of your rights, obligations, and remedies regarding a rental property transaction or situation. As a ... http://boginmunns.com/law-firm-blog/index.php/landlord-tenant-relationship-in-a-distressed-market/