Boyd & Jenerette Shareholder, Glen A. McClary has been invited by the Dean of the Law School to speak on September 08, 2014 to the current students about life after law school and what to expect in today’s legal markets. This is the second time Mr. McClary has been honored with an invitation to the College of Law to speak with students as part of the College’s programs to connect students with leaders in Florida’s legal field.
Boyd & Jenerette is committed to the development of future lawyers and the profession as a whole and supports programs that provide future lawyers with the skills necessary to succeed in the competitive legal markets of the day.
BOYD & JENERETTE congratulates 2 of its partners for being listed in The Best Lawyers in America© 2015
Congratulations to our Appellate and Worker’s Compensation groups on your latest win!
In Tetterton v. Co-Op Oil Co., Inc./Retail First Insurance Company, Case No. 1D14-0060, the First District Court of Appeal considered whether the Employer/Carrier was entitled to move the Claimant from an independent living facility to an assisted living facility over Claimant’s objection. The Employer/Carrier sought to move the Claimant because the new facility provided a more medically safe environment and would save the carrier over $70,000 a year. The JCC found that the Employer/Carrier was entitled to move the Claimant and that it was in the best interest of the Claimant.
After hearing oral argument, the First District Court of Appeal per curiam affirmed the JCC’s decision to allow the Employer/Carrier to move Claimant to an assisted living facility. The Court also denied the Claimant’s request for attorney’s fees.
Mark Eckels served as a panelist for the 69th Annual Workers' Compensation Educational Conference and 26th Annual Safety & Health Conference’s “Longshore and Harbor Workers Act, Jones Act, and Defense Base Act” breakout session presented to adjusters, employers and attorneys on Occupational Exposure Injuries and Asbestosis Claims, a Legal and Toxicological Perspective.
The panel discussed the legal standards and challenges of filing and defending claims arising from various industrial exposures such as asbestos, noxious vapors and other toxins.
Congratulations to Heather Byrer Carbone for becoming a BOARD CERTIFIED WORKERS’ COMPENSATION LAWYER!
Congratulations to Michael J. Childers for becoming a BOARD CERTIFIED CONSTRUCTION LAWYER!
The firm is very proud of the extra effort and hard work put into their certification!
The Super Lawyers list recognizes no more than 5% of attorneys and The Rising Stars list recognizes no more than 2.5% of attorneys in the State of Florida.
Our firm is honored to have two (2) of our attorneys included in this year’s Florida Super Lawyers and six (6) attorneys included in this year’s Florida Rising Stars.
|Kristen M. Van der Linde||Personal Injury Defense: General||2010-2014|
|Mark K. Eckels||Transportation/Maritime||
|Andrew Abramovich||Insurance Coverage||2013-2014|
|Heather M. Byrer Carbone||Workers' Comp||2010, 2013 & 2014|
|Linda W. Farrell||Workers' Comp||2010, 2013 & 2014|
|Kansas R. Gooden||Appellate||2011-2014|
|Elizabeth B. Howard||Construction Litigation||2009-2014|
|Billie Jo Taylor||Personal Injury Defense: General||2013-2014|
Boyd & Jenerette is pleased to welcome Attorney, Patrick D Hinchey, to the Construction Department. Patrick is licensed to practice in both the State of Georgia and Florida and therefore we are now expanding our Construction Law Services to Georgia.
Boyd & Jenerette provides Construction Law Services for all aspects of your Project, including Contract Drafting/Review, Bid Protests, Liens/Bonds, Breach of Contract, Construction Defect, Insurance Coverage, Licensure Issues, and Delay.
We are honored to work with clients from various backgrounds, including Architects/Engineers, Associations, General Contractors, Developers, Subcontractors, Material Suppliers, and Owners.
Limitations of the “Beneficial Ownership” Exception
Christensen v. Bowen, 39 Fla. L. Weekly S214 (Fla. Apr. 10, 2014).
The Florida Supreme Court was asked to address the issue of whether a title co-owner may be vicariously liable under the dangerous instrumentality doctrine for the negligent use of a vehicle if he or she never intended to be an owner and had relinquished all access and control of such vehicle to the other co-owner at the time of the accident. In this case, a husband and wife had purchased a vehicle and the title was issued to them jointly as co-owners. The couple then divorced, and the ex-wife began to use the vehicle exclusively... The Florida Supreme Court affirmed, and held that in the absence of evidence showing that a joint titleholder only continued to hold title because of a conditional sales contract or a faulty, incomplete transfer, such titleholder is a true and beneficial owner as a matter of law, and thus remains vicariously liable under the dangerous instrumentality doctrine, regardless of whether he or she had relinquished control of the vehicle to the other titleholder.
Continue reading... Coverage update 5.15.14
Boyd & Jenerette Partner and Construction Practice Group Leader Elizabeth B. Howard was recently elected to her second two-year term on the Board of Governors for the Jacksonville Bar Association. Ms. Howard’s election continues her long-standing service to the legal community and the Jacksonville Bar Association.
Ms. Howard has served as an active member of the JBA since 2006 when she was elected to the Board of Governors for the YLS. Since that time, she has held multiple executive positions, including Treasurer, Secretary, and President-Elect, and President. She has also held other leadership roles in the Jacksonville Bar Association, including Chairperson of the Holiday Project in 2006.
The Jacksonville Bar Association plays an extremely important role in the legal community, as well as to the entire Jacksonville community. Serving on the Board of Governors, Elizabeth's goal is to continue to build on these aspects of The JBA, but to also work on making The JBA more user-friendly and encouraging all members to be actively involved.
Timeliness of Post-Trial Motions and Notices of Appeal:
Why Does it Matter?
In the recent case Osthene v. Geico Indem. Co., 4D12-3424 (Fla. 4th DCA 2014), the Insureds filed suit for uninsured motorist benefits and the matter proceeded to trial. The jury only awarded minimal past medical expenses. The Insureds moved for additur nineteen days after the jury’s verdict. Before the motion was heard, the trial court entered final judgment in the amount of the jury’s verdict.
Several months after the final judgment was entered, the trial court heard the Insureds’ motion and denied it as untimely. The Insureds appealed the order denying their motion for additur.
The Fourth District Court of Appeal dismissed the appeal for lack of jurisdiction. The Court explained that a motion for additur is the equivalent of a conditional motion for new trial and must be served within ten days of the verdict. Since the motion was untimely, it did not suspend rendition of the final judgment. Only timely filed post-trial motions suspend rendition of the final judgment. As a result, the Insureds missed the deadline to file an appeal.
From an appellate standpoint, it is imperative that parties serve all post-trial motions within the time limits set forth in the rules. If they do not, they not only risk waiving their appeal as to those motions, but also risk missing the deadline for filing an appeal altogether.
If you have any questions about the timing of post-trial motions, deadlines to file an appeal or suspension of rendition of the final judgment, please feel free to contact our appellate attorneys at any time.
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