The Gould Cooksey Fennell Blog
Alimony Support Obligations Defeat Spendthrift and Discretionary Trust Protections
“Oh what a tangled web we weave when we first practice to deceive.” This quote from Sir Walter Scott was the first line in the opinion of a Florida appellate court finding that a former husband’s legal maneuvering under the trust code was insufficient to protect the trust distributions he
Florida Appellate Court Ends Blame the Victim through Contributory Negligence
Attorneys who represent victims of medical malpractice cases routinely encounter a comparative negligence defense raised by the attorneys representing the health care provider. This defense is designed to allow a jury which first determines that the defendant was at fault, to also decide whether the patient was negligent in some
The Wisdom of Heraclitus
GCF’s Will Kirk recently co-authored a guest column featured in the Indian River Community Foundation Newsletter. The Wisdom of Heraclitus
Protecting the Successor Trustee with Beneficiary Waiver or Release
Roles of a Successor Trustee An important benefit of a trust is the ability of the settlor to provide for the succession of a new trustee when the prior trustee is unable, or is no longer willing, to serve as trustee. At that time, a successor trustee may be asked to
Protect your Estate Plan
Estate planning is a personal decision and every client has the right to choose how their own assets will be devised. Aside from certain legal protections for a surviving spouse and minor children, there are very few limitations. However, for clients who have decided to disinherit family members, distribute unequal
Judge upholds verdict in favor of GCF’s Clients
Judge upholds verdict in favor of GCF’s Clients and rules that statutory medical malpractice damages caps are unconstitutional In March of 2013, Gould Cooksey Fennell attorneys David Carter, Brian Connelly, Jason Odom obtained a verdict of $2,922,503 in a medical malpractice case on behalf of David and Pamela Moore against
Can a Defendant’s negligent conduct be shielded from a Jury if the Defendant admits liability, but maintains that the Plaintiff was Comparatively Negligent?
Not according to Florida’s Fourth District Court of Appeal. In a case of first impression, the Fourth DCA considered this issue in the case of Lenhart v. Basora. In Lenhart, the Plaintiff was seriously injured in a collision which occurred because the Defendant abruptly turned left in front of a
Jury Returns Verdict Against Mass Advertising Law Firm
It seems that every year there are more and more billboards and advertisements for legal services. Do you ever wonder what happens when someone calls the catchy 800 number on the billboard? In fact, many of these advertisements are not for law firms at all. Rather, they are lawyer or
Indian River County Jury Awards $1.48M Verdict in favor of GCF Client
On June 11th, Brian Connelly, Jason Odom and David Carter completed a week long trial that resulted in a $1.48 million dollar verdict in favor of their client, Jeffrey Arnold. The Defendant in the case was Security National Insurance Company, a subsidiary of Farmer’s Insurance, and arose from an automobile
GCF Attorneys named to Florida Super Lawyers List
David Carter, Troy Hafner and Eugene O’Neill of Gould Cooksey Fennell, P.A have been named by Florida Super Lawyers Magazine as top attorneys in Florida for 2012. Every year no more than 5% of the lawyers in the state are named by Super Lawyers. Super Lawyers is a rating service
Indian River County Jury Awards $9.3 Million Verdict
On May 18, 2012 David Carter, Brian Connelly and Jason Odom of GCF’s Personal Injury Group completed a two week trial, resulting in a $9.3 million verdict for client, Leslie Opper. At the time of the accident in 2009 Mr. Opper was a 41 year old roofer who was a passionate
Court Issues Opinion on Florida Proposal for Settlement
On February 17, 2012, Florida’s Second District Court of Appeal issued its opinion in McGregor v. Molnar, mandating that Commercial Carrier Corporation (CCC) pay attorneys’ fees based upon a rejected Proposal for Settlement made by the Plaintiff to a CCC driver who injured the Plaintiff. A Proposal for Settlement is
Do children have “rights” to an inheritance from their parents under Florida intestacy laws?
The answer to this question invokes the important distinction between a “right” and an “expectation.” Most people expect to inherit from their parents, but generally speaking no one has the right to inherit from their parents. A recent Florida case discussed the purported right to a future inheritance in the
Can Hospitals Avoid Responsibility for Mistakes Made by Doctors in Their Facilities by Calling them “Non-Delegable Independent Contractors?”
The Fourth District Court of Appeal Offers Pleading advice to Practitioners. When Patients enter a hospital, their care is entrusted to any number of medical providers. When the care is provided by emergency room physicians, pathologists, hospitalists, anesthesiologists, and many other specialties, the patient typically has no prior relationship and
High Cost of Obtaining Medical Records
How much should it cost to obtain copies of medical records so that they can be reviewed by the attorney of a patient who has a potential legal case? In recent years, some medical providers have attempted to charge $1.00 per page, no matter how many pages of records exist.
Schirard Citrus, Inc. merges with Blue Goose Farms, LLC
Sandra G. Rennick of GCF’s Real Property Group assisted Brantley Schirard and Schirard Citrus, Inc. in the sale of half of its citrus acreage and all of the farming equipment owned by them to Bernard Egan & Co. subsidiary Blue Goose Farms, LLC.
Florida Enacts Deathbed Marriage Law
Florida has long been a popular spot for retirees to spend their later years. Many are married, but some come after the death of a spouse. And while Florida takes elderly issues seriously, the state has never had a law that addressed the issue of deathbed marriages. That all changed
Repeal of the Federal Estate and generation-skipping transfer taxes
The Estate Planning and Tax Group is currently providing fiduciaries of trusts and estates of decedents that died in 2010 with advice in connection with the unusual issues arising from the current repeal of the federal estate and generation-skipping transfer taxes. These issues include the interpretation of dispositive provisions of wills
