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Florida : Florida Texts & Treatises:Specialty Practice Guides

This guide will show you items of interest about Florida.

Florida Family Law

This reference set enables Florida practitioners to effectively handle family law and domestic relations proceedings. In an easy-to-follow format it:

  • Analyzes the substantive and procedural issues in a step-by-step fashion
  • Provides the full text of all the relevant Florida family law statutes
  • Provides the full text of the Florida Family Law Rules of Procedure
  • Includes the Florida Supreme Court Approved Family Law forms
  • Includes the Florida Family Law Rules of Procedure forms
  • Cites the leading cases, rules and statutes

Drafting a premarital or marital settlement agreement is a delicate process. The final document must not only reflect the intent of the parties but be clear enough to withstand future efforts to modify it and to avoid the assorted tax pitfalls and consequences. Drafting Marriage Contracts in Florida guides the practitioner through this potential minefield with chapters discussing general standards for drafting and review, drafting and defending a premarital agreement, what to include in, and how not to arrive at, a marital settlement agreement, tax consequences of alimony, support, and property settlement provisions, use of agreements in estate planning, and challenging, modifying, and enforcing agreements.

Detailed forms that can be used to produce a premarital agreement and a marital settlement agreement are provided.

Strategies for Family Law in Florida provides an authoritative, insider's perspective on key strategies for representing clients in family law cases in Florida. Partners from some of the state's leading law firms guide the reader through the process of developing a successful strategy, starting from the initial client meeting to the settlement of the case. These top lawyers offer advice on effectively handling complicated cases, avoiding common mistakes, and identifying client misconceptions about the process.

Florida Torts

Florida Torts provides a comprehensive review and analysis of virtually every theory of liability recognized under Florida tort law.  It includes excellent step-by-step guidance through major types of personal injury cases in Florida, and covers each phase of a personal injury case, from initial investigation through discovery, and through post-trial motions, settlement and insurance. Each chapter covers parties involved, where incident occurred, instrumentalities, and types of occurrences.  Florida Torts also includes helpful checklists, sample forms and research guides

Medical Malpractice Handbook

Florida Medical Malpractice Handbook features the insight and wisdom of 25 experienced trial attorneys guiding you through the medical malpractice case from the presuit period to pleadings, discovery, and trial, to settlement and release. The Handbook goes beyond discussions available in general trial practice manuals to concentrate on issues particularly relevant to medical malpractice actions. 

Florida Financial Transactions

Formerly published as Florida Usury Law, Florida Consumer Financial Transactionsis still a reliable source for usury law, but also goes beyond that to cover the Retail Installment Sales Act and the Money Transmitters' Code. Are fees for the use of funds lawful interest or usury? According to Blackstone, it depends on your viewpoint. Many transactions, though not clearly loans, may be subject to Florida's usury law. Failure to identify transactions subject to Florida usury law can be costly to attorney and client. This manual examines practices under F.S. Chapter 687 and federal laws governing lending institutions. Seasoned lawyers and newcomers to usury law will find this a useful reference tool.

Placing heavy emphasis on pleading and procedural requirements, Florida Creditors' Rights Manual will help you pursue the best debt collection remedies for your client. It discusses comprehensively the constitutional ramifications of taking a debtor's property. Subjects covered include attachment, garnishment, replevin, self-help, execution, fraudulent transfers, voidable preferences, receivers and receivership, forced sale of debtor's property, property exempt from creditor's reach, state remedies, bankruptcy and state exemptions, and state and federal constitutional implications of creditors' takings actions. It also contains a full set of pleading and practice forms, as well as a comprehensive subject matter index and tables of cases and statutes to further simplify your research. 

 

 

Florida Estate Planning

Will and trust forms annotated with alternate clauses, pitfalls to avoid, practice tips, recent cases, tax considerations, and more. Every estate planning attorney needs a base of ready answers, clauses, and documents. The larger your collection, the more time you can devote to assessing the big-picture needs of your estate planning clients and applying your judgment and experience. Jamie Pressly and Randy Randolph's affordably-priced new Florida Estate Planning will add many reliable answers and forms to your collection. You receive 89 forms, dozens of clauses, numerous practice tips and more, all supported with 450 references to recent cases. This big book contains 41 Florida-specific pattern wills and trusts annotated with alternate clauses, pitfalls to avoid, practice tips, recent cases, tax considerations, and more.

This up-to-date practice guide provides analysis and commentary on the laws and regulations affecting the elderly in Florida, as well as checklists and forms to facilitate counseling and drafting. A glossary of acronyms provides a handy reference for abbreviations of common agencies, programs, and other terms. Planning for the Elderly in Florida covers a wide range of issues of concern to the elderly in Florida, including: 
Social Security benefits; Relevant federal income tax issues; Medicare eligibility and coverage as well as Medicare supplemental insurance; Medicaid coverage and eligibility criteria; Residents' rights in long-term care facilities; Planning for incapacity, durable powers of attorney, revocable living trusts, and joint ownership and health care decisions (living wills, health care surrogate designations, do-not-resuscitate orders, health care proxies, as well as long-term care insurance); Guardianship; Social service programs; and Elder abuse.

Florida Guardianship Practice offers a concise, complete guide to this dynamic and complex area of law, from pre-guardianship planning through termination. In addition to exploring guardianship alternatives, stressing medical and legal issues, it analyzes all facets of practice under F.S. Chapter 744. Topics include:

  • The use of trusts
  • Uniform Transfers to Minors Act
  • Accountings and reports
  • Tax aspects of guardianships Forms for guardianship proceedings and advance care directives are included.

Wills & Trusts

Florida Law of Trusts thoroughly covers the law of trusts in Florida, including review of applicable rules, statutes, and caselaw. Topics include:

  • Creation of trusts
  • Capacity of trustee
  • Powers, duties, and liabilities of trustees
  • Uniform Principal and Income Act
  • Business trusts

Including expanded materials on estates and testamentary trusts, Trawick's Redfearn Wills & Administration in Florida incorporates the latest legislative and decisional changes in the law of wills and estates. Henry Trawick includes Redfearn's classic chapter on the history and development of the law of testamentary succession as a special appendix. The chapters and presentation of materials are organized for easy reference.

West's Florida Probate Code with Related Laws and Court Rules contains statutes and rules of court pertaining to Florida probate, estate taxation, and guardianship. It covers topics such as:

  • Estates and trusts
  • Evidence
  • Taxation and exemptions
  • Homestead and exemptions
  • Regulation of trade
  • Commerce
  • Investments and solicitations
  • Banks and banking
  • Real and personal property
  • Statutes of frauds, fraudulent transfers, and general assignments
  • Domestic relations
  • Civil rights

Florida Property

Authored by experienced construction lawyers, this manual is a comprehensive treatment of construction law. Chapters cover the rights and liabilities of parties to construction projects, the bid process involving public entities, trial preparation, and alternative dispute resolution and partnering. The manual addresses bankruptcy, bond, insurance, and damages issues, and includes a chapter on jury instructions for construction trials.

Maximize your efforts with this practice-oriented handbook for residential landlord-tenant matters. With insightful perspective from the bench, the author skillfully presents a road map for success in these proceedings. This manual supplies practical guidance for eviction procedures, non-payment of rent, breach of lease, termination of rental agreement, grievance hearings in public housing, deposits held by landlords, mobile homes, retaliatory eviction, burdens of proof, and evidentiary requirements. It also contains the only comprehensive analysis of the Florida Mobile Home Landlord-Tenant Act, and extensive coverage of attorneys' fees.

Repeatedly cited in Florida courts, this treatise delivers comprehensive coverage of the issues essential to a real estate practice. This treatise delivers authoritative and comprehensive coverage of the issues essential to a real estate practice, including: Sales contracts; deeds; priorities and recording; special titles; state and federal taxation; mortgages; liens; landlord and tenant; zoning; cooperatives; condominiums; land use and environmental regulation.


The seventh edition of this manual contains new case law addressing the following issues: •  documentation required to establish the right/standing to foreclose •  foreclosure by mortgage servicing companies and assignees (and the use of robosigners) •  status of MERS as foreclosing party •  conditions precedent to filing foreclosure including diligent search and inquiry •  treatment of homeowner and condominium association assessments •  appointment of a receiver •  timeshare foreclosures •  defenses to foreclosure •  cancelling or rescheduling sales, and grounds for setting aside final judgments or sales •  right of redemption •  deficiency judgments •  short sales •  effect of bankruptcy stay on foreclosure proceedings and standing to pursue relief from stay •  termination of stay for repeat filers, and stay relief for cause including lack of adequate protection The manual also contains pointers for complying with the Fair Debt Collection Practices Act and with the Protecting Tenants at Foreclosure Act. 

 

Florida Corporations Manual

The material is divided into three parts: Organizing, Operating, and Financing the Corportation.  

Florida Not for Profit Corporations

This manual is another work in a continuing series of publications designed to aid Florida lawyers to practice more efficiently and effectively.  

Florida Administrative Law

Florida Administrative Law Guide is a one-volume reference for dealing with the various administrative agencies, rules and statutes in the state of Florida.  In-depth analysis of the Administrative Procedure Act and Administrative Code is coupled with "supporting authority" case law, and comprehensive forms, to make this a complete guide for navigating the complex waters of Florida Administrative Law.  Knowles Publishing, Inc. is certain that this book will be a concise, practical, and informative source to assist your administrative practice in Florida. 

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