Practice Tips: Forget to put your client’s address in the judgement?

first_img March 1, 2004 Regular News Forget to put your client’s address in the judgement? James W. Martin A recent decision of the Second District Court of Appeal reminds Florida lawyers what happens when a lawyer fails to put the client’s address in a final judgment: Recording a certified copy does not make it a lien on real property. Even including the attorney’s address in the judgment does not help. It must be the client’s address.In Tomalo v. Kingsley Displays, Inc., 2003 Fla. App. LEXIS 19266;29 Fla. L. Weekly D 12 (Fla. 2d DCA Case No. 2D02-5702, December 19, 2003), the judgment did not include Kingsley’s address, but it did include Kingsley’s name followed by “c/o” and the address of its lawyer. The court said that this did not satisfy the requirement of F.S. §55.10(1). This statute is the one that says a lien on real property is created when a certified copy of the judgment is recorded in the county in which the land is located. The statute also states that, “A judgment…does not become a lien on real estate unless the address of the person. . . is contained in the judgment. . . or an affidavit with such address is simultaneously recorded.” The court held that the statute specifically required the judgment holder’s address, so the attorney’s address did not satisfy the statute.The court cited similar cases reaching similar results in the First and Fourth districts ( Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236, 1238 (Fla. 4th DCA 1998), and Robinson v. Sterling Door & Window Co., 698 So. 2d 570, 571 (Fla. 1st DCA 1997)). Thus, it appears that this simple error of not including the client’s address in a judgment is one that is common throughout the state and is one that has potentially serious consequences.In the Tomalo case, Kingsley’s judgment was recorded a year before Tomalo’s judgment, but the court found that Kingsley’s judgment did not create a valid lien on real property due to its failure to include Kingsley’s address, so Tomalo won. We can all learn from that lesson: Put your client’s name and address on the judgment, not just your address. James W. Martin is a corporate, real estate, and probate lawyer in St. Petersburg, who has written for the Florida Bar Journal and News , ALI-ABA Practical Lawyer, and West Publishing, and has more information on his Web site, www.jamesmartinpa.com.center_img Practice Tips: Forget to put your client’s address in the judgement?last_img read more

‘Pandemic Electronic Benefits Transfer’ aims to feeds millions of children

first_imgHunger Solutions NY director of communications and public relation Sherry Tomasky said the $420 was determined to be the amount distributed because that number offsets the lost meals each student missed out on. (WBNG) — A food program across New York State is helping families feed their children. NYS determines who is eligible for these programs. Tomasky said paperwork, an EBT card and more information has been sent or is being sent to those families. “Families need all the help they can get right now,” Tomasky said. “This is a really important benefit for so many families who will need it.” More than 2.1 million children are eligible, with the program sending cards with $420 per eligible child to families in order to help feed them during the pandemic.center_img The cards will hold the money for up to a year. Tomasky said families can choose to spend the money over a period of time or even all at once. The Pandemic Electronic Benefits Transfer program helps provide food to children who lost free or reduced meals when schools were closed due to the COVID-19 pandemic. To find out if your child is eligible, you can contact your school district, and can click here for more information. The program was given the green light a few months back in The Families First Coronavirus Response Act of 2020.last_img read more

Gov. Wolf Commends State Police for Ending Forensic Rape Kit Backlog, Supporting Crime Victims

first_img Government That Works,  Press Release Harrisburg, PA – Governor Tom Wolf today commended the Pennsylvania State Police forensics for completing the testing of more than 1,100 kits in 2018 and reducing its backlog from 390 kits to zero.“I commend the Pennsylvania State Police for its commitment to ending the backlog of untested rape kits,” Gov. Wolf said. “When I took office in 2015, I made it a priority to bring the right level of staff on board at the Pennsylvania State Police to do this incredibly important forensic work in a much timelier manner,” Gov. Wolf said. “Timely testing of these vital pieces of evidence helps to ensure victims know they are supported, and their case is important. Test results also ensure perpetrators are held accountable for this heinous crime.”“For every untested kit there is both a victim without resolution in their respective case and an unknown perpetrator who could be identified,” Jennifer Storm, Victim Advocate for the Commonwealth of Pennsylvania said. “It is unconscionable to think of evidence just lying around untested that could lead to justice and prevent further sexual violence and I applaud the Pennsylvania State Police for helping to end the backlog.”The Sexual Assault Testing and Evidence Collection Act was amended on July 10, 2015, with the passage of Act 27. As amended, local law enforcement agencies are required to submit the number of sexual assault kits in their inventory with any backlogged evidence awaiting testing to the Pennsylvania Department of Health, which in turn publishes an annual report at the end of April. Each testing laboratory used by a local law enforcement agency is required to submit the same information to the department.The annual report is intended to provide a comprehensive view of the number of untested sexual assault kits in the commonwealth and to ensure that those kits are tested in a timely fashion. This, in part, ensures that sexual assault data is uploaded into the requisite federal database to help solve related sexual assault cases.Kits may be considered backlogged for a number of reasons, including that some kits are from victims who have not yet consented to testing and anonymous victims. SHARE Email Facebook Twitter April 17, 2019center_img Gov. Wolf Commends State Police for Ending Forensic Rape Kit Backlog, Supporting Crime Victimslast_img read more

Homeowners among the happiest people in Australia: NAB survey

first_imgMore from newsParks and wildlife the new lust-haves post coronavirus13 hours agoNoosa’s best beachfront penthouse is about to hit the market13 hours agoA new survey reveals those who live in and own a home have higher levels of wellbeing. Image: iStock.More women said having a home loan impacted their wellbeing negatively than men in all age groups, while higher income earners were more stressed having a mortgage than low income earners.But while owning a home can contribute to overall wellbeing, renting can detract from it, with the survey revealing people who rent a house or apartment recording a below average wellbeing rating.NAB’s wellness index rose in the March quarter to 65.2 points, but while sense of life worth, life satisfaction and happiness all improved, anxiety also increased, with 1 in 3 people (36 per cent) surveyed experiencing “high” levels of overall anxiety. Homeowners are among the happiest people in Australia, a new survey shows. Picture: Inside Outside Design.QUEENSLAND homeowners are among the happiest people in Australia at a time when anxiety in the community is growing, a new survey reveals.National Australia Bank’s latest wellness index reveals those who live in and own a house or apartment have the highest level of wellbeing, after people who have pets. Among the states, having a mortgage had the least impact on people living in Queensland (-14 per cent) and the greatest impact on those surveyed in Tasmania (-28 per cent). RELATED: The suburbs you can now afford Owning a home is the second highest driver of wellbeing after having a pet, a new survey reveals. Image: AAP/Troy Snook. MORE: ‘Worst house I’ve ever seen’ Compiled by NAB’s economics unit, the survey quantifies how people feel across 17 factors ranging from the homes they live in, to personal safety, physical health, commute times and spare time.Nearly a third of those surveyed had a home loan — the second most common type of debt held after credit cards.last_img read more

Tetra Divests Decommissioning and Maritech Units

first_imgTetra Technologies has completed the divestiture of its offshore heavy lift, plugging and abandonment, decommissioning, cutting, diving and related consulting services businesses and its Maritech operations and offshore leases.This divestiture included the sales of its subsidiaries involved in these businesses – Tetra Applied Technologies, TSB Offshore, Epic Diving & Marine Services, and Maritech Resources. The buyers were Orinoco Natural Resources (Orinoco) and Epic Offshore Specialty.Tetra said that with the completion of this divestiture and the recent acquisition of SwiftWater Energy Services, the company continues to progress its long-term growth plans and enhance its position as one of the leading integrated completion fluids and water management companies in the energy industry, better positioned to exploit its competitive advantages in the U.S. shale plays, the international and offshore fluids markets, and in meeting the compression needs of the energy industry.“This divestiture is consistent with our long-term strategy and represents a transformational milestone in simplifying our value proposition and optimizing our portfolio to unlock value for TETRA shareholders,” said Stuart Brightman – Tetra CEO. “Tetra will continue to focus on increasing its profitability in fluids, production testing and compression to support the company’s growth and capabilities in technology-enabled services for our customers, domestically and internationally.”last_img read more

Surge in cases of family violence

first_imgStuff co.nz 3 March 2015Women in relationships with men in white-collar jobs are flooding into Women’s Refuge in Timaru for help as the reporting of family violence surges.“While most of our clients are from across the board, we are now seeing a flood of women coming to us who are in relationships, or married, to men with white-collar jobs,” Mid South Island Women’s Refuge and Family Safety Service manager Dawn Rangi-Smith said.Rangi-Smith said that, in the past, women’s refuge case workers helped a lot of clients in relationships with “freezing workers”.“Now we are dealing with a lot of women with partners who are working in supervisory and professional type roles. It’s interesting, and we don’t know why there has been a change all of a sudden. Maybe it’s something we need to research.”Ministry of Social Development statistics released to The Timaru Herald showed the number of family violence referrals from police to Child, Youth and Family (CYF) in Timaru last year was nearly double that in 2011-12. A total of 475 family violence notifications were made by police in 2013-14, compared with 244 in 2011-12. The overall number of notifications received by CYF was 1408, against 1189 in 2011-12.Another area where referrals had increased was the education sector, with CYF receiving 116 in 2013-14, compared with 90 in 2011-12.http://www.stuff.co.nz/timaru-herald/news/66865722/Surge-in-cases-of-family-violencelast_img read more

MLB Delays Opening Day

first_imgMajor League Baseball put out the following press release Thursday afternoon…Following a call with the 30 Clubs, and after consultation with the Major League Baseball Players Association, Commissioner Robert D. Manfred, Jr. today announced that MLB has decided to suspend Spring Training games and to delay the start of the 2020 regular season by at least two weeks due to the national emergency created by the coronavirus pandemic. This action is being taken in the interests of the safety and well-being of our players, Clubs and our millions of loyal fans.MLB will continue to evaluate ongoing events leading up to the start of the season. Guidance related to daily operations and workouts will be relayed to Clubs in the coming days. As of 4:00 p.m. (ET) today, forthcoming Spring Training games have been canceled, and 2020 World Baseball Classic Qualifier games in Tucson, Arizona have been postponed indefinitely.MLB and the Clubs have been preparing a variety of contingency plans regarding the 2020 regular-season schedule. MLB will announce the effects on the schedule at an appropriate time and will remain flexible as events warrant, with the hope of resuming normal operations as soon as possible.Nothing is more important to us than the health and safety of our players, employees, and fans. MLB will continue to undertake the precautions and best practices recommended by public health experts. We send our best wishes to all individuals and communities that have been impacted by coronavirus.last_img read more

Hammers hit back to beat Baggies

first_img Dawson had become the first Albion player to score in 370 minutes but the Baggies’ dream start turned into a nightmare before the break. They had recalled Chris Baird and Victor Anichebe with Sebastien Pocognoli, sidelined with a dead leg, and Youssouf Mulumbu, dropping to the bench. West Ham were without midfielder Mark Noble, who failed to recover from the calf injury he suffered in their 1-0 win over Newcastle. It meant Nolan returned with Winston Reid and Mauro Zarate. The Baggies needed a quick start after their recent slump and they got it after 10 minutes. Anichebe and Graham Dorrans had already gone close before they grabbed the goal their start merited. The former was fouled on the left and Dawson arrived unmarked to crash in Dorrans’ free-kick from six yards. The Baggies, so passive in losing to Arsenal on Saturday, seemed to have learned their lessons as they took the game to West Ham, only for their momentum to ebb away. They survived a scramble when Ben Foster saved from Nolan’s hooked shot and Cheikhou Kouyate could not force a leveller. Kevin Nolan and James Tomkins cancelled out Craig Dawson’s early opener as the hosts slipped to their fourth straight defeat. The Hammers, though, remain fifth in the Barclays Premier League after another impressive victory. It lifted the Hammers after their slow start and they took control and, a s against Arsenal, Albion wilted and inevitably conceded on 35 minutes. Referee Mike Jones awarded a free kick after Chris Brunt, who was booked, won the ball from Nolan. Downing’s delivery found Tomkins and, when the ball fell to Andy Carroll, his fine acrobatic volley was saved by Foster – only for Nolan to head in from four yards. Worse was to follow, though, in stoppage time as the Hammers deservedly took the lead. Kouyate forced Foster into a smart save but the keeper was beaten from the resulting corner when Tomkins headed in Downing’s cross. It was abject defending from the Baggies and underlined the soft underbelly of the squad which requires improvement next month. That the Baggies lost the influential Brunt to injury just before the goal was a double blow but they should have levelled eight minutes after the break. Mulumbu, on for Brunt, chipped up to Joleon Lescott but Dawson could only volley his knock-down wide from 10-yards. It was a golden chance but one which summed up the hosts’ waning confidence. Adrian got down smartly to save Anichebe’s fierce angled drive with 27 minutes left but the hosts lacked sparkle. Substitute Silvestre Varela tried to add the missing creativity and his cross saw Anichebe head weakly at Adrian. The lack of cutting edge had Albion fans calling for record signing Brown Ideye and he was thrown on as the hosts tried to rescue the game in the final 10 minutes. It lifted the Baggies and Anichebe continued his duel with Adrian when he turned only for the keeper to save his sharp six-yard effort. And with four minutes left Dorrans sent a volley inches wide but with that missed chance went Albion’s hopes of a recovery. West Ham hit back to win 2-1 at West Brom and heap more pressure on Baggies boss Alan Irvine. Press Associationlast_img read more

Alabama St. faces Southern in SWAC quarters

first_imgBIG MEN ON CAMPUS: Tobi Ewuosho is averaging 12.9 points and six rebounds to lead the charge for the Hornets. Leon Daniels is also a big contributor, maintaining an average of 9.7 points and 4.7 rebounds per game. The Jaguars have been led by Ahsante Shivers, who is averaging 9.7 points.EXCELLENT EWUOSHO: Ewuosho has connected on 41.3 percent of the 63 3-pointers he’s attempted and has gone 4 for 9 over the last three games. He’s also converted 71.4 percent of his free throws this season.UNBEATEN WHEN: Southern is a perfect 7-0 when the team records 10 or more steals. The Jaguars are 9-15 when they steal the ball fewer than 10 times.STREAK SCORING: Southern has won its last eight home games, scoring an average of 80.3 points while giving up 64.3.DID YOU KNOW: Southern is ranked first among SWAC teams with an offensive rebound percentage of 32.1 percent. The Jaguars have averaged 11 offensive boards per game.___ March 9, 2020 Share This StoryFacebookTwitteremailPrintLinkedinRedditNo. 7 seed Alabama State (8-23, 7-11) vs. No. 2 seed Southern (16-15, 13-5)Southwestern Athletic Conference Tourney Quarterfinals, F.G. Clark Center, Baton Rouge, Louisiana; Tuesday, 7:30 p.m. EDTBOTTOM LINE: Alabama State is set to take on Southern in the quarterfinals of the SWAC tourney. Southern swept the two-game regular season series. The teams last played on Feb. 22, when the Jaguars outshot Alabama State 43.4 percent to 25.5 percent and recorded seven fewer turnovers en route to the 12-point victory. Associated Press center_img For more AP college basketball coverage: https://apnews.com/Collegebasketball and http://twitter.com/AP_Top25___This was generated by Automated Insights, http://www.automatedinsights.com/ap, using data from STATS LLC, https://www.stats.com Alabama St. faces Southern in SWAC quarterslast_img read more

Abramovich Pumps £247m into Chelsea in One Year

first_imgThe club’s wage bill went up by £41m in 2019 despite not playing in the Champions League.And there were also big-money moves for new players including Kepa Arrizabalaga, Christian Pulisic, Mateo Kovacic and Jorginho.Chelsea have now spent an eye-watering £90m on sacking managers since Abramovich took over in 2004.Former Italy midfielder Conte steered Chelsea to the 2017 Premier League title but was dismissed a year later with 12 months left on his contract as the Blues finished fifth and failed to qualify for the Champions League.Conte also led Chelsea to victory in the 2018 FA Cup, with a 1-0 win over Manchester United in the final.“Exceptional items in the current year of £26.6m relate to changes in respect of the men’s team management and coaching staff, together with associated legal costs,” read Chelsea’s latest set of published accounts, for the year ending June 30, 2019.Abramovich, 53, is the most successful owner in the club’s history.The Blues have won the Premier League five times, the FA Cup five times, three League Cups, the Europa League twice and the Champions League under his ownership.He was once a regular fixture in the directors’ box at Stamford Bridge, but a visa dispute has kept him largely out of the country since early 2018.Abramovich withdrew an application for a British visa in June 2018 following reported delays in his application.His previous tier-1 visa, which allows people who invest more than £2m in the British economy to stay for 40 months, had been granted before more stringent regulations were introduced in April 2015 as relations between the British and Russian governments soured.The British government launched a crackdown on wealthy investors coming to the UK after the poisoning in Salisbury of Sergei and Yulia Skripal in March 2018.Former Russian double-agent Sergei Skripal was left in a critical condition when his home was contaminated with nerve agent Novichok. His daughter, Yulia, was also poisoned in a suspected attack by Russian spies.Abramovich instead secured an Israeli passport. Israeli citizens may visit the UK as a visitor for a ‘maximum period of six months’ but are required to obtain a UK visa if they want to ‘live, work or study’ in the UK.His appearance at the Europa League final in Baku in May, in which the Blues beat Arsenal 4-1, was the first time he’d watched his side in action in over a year.Reports suggested the visa row had led Abramovich to put the club up for sale, but no buyers were willing to pay the £2.5billion price tag.Chairman Bruce Buck told the UK’s Guardian last November that Abramovich still helped run the club as much as ever, despite having to keep his distance.“In terms of being involved, in looking at new players, talking about whether to extend players’ contracts, do we buy this player, do we sell this player, (Abramovich) was always intimately involved in that from day one and is just as intimately involved now,” said Buck.“He talks to Marina (Granovskaia) – the board member who supervises the football operation – several times a day, every day. Marina has been doing that for seven or eight years; that hasn’t let up or changed at all.”Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram Roman Abramovich pumped £247million into Chelsea in 2018-19 it has emerged, despite barely being seen at Stamford Bridge in the last two years.Abramovich has continued to invest heavily despite running the club from abroad due to ongoing issues over his UK visa amid a souring of diplomatic relations between the British government and Russia.The Premier League club’s latest accounts also show they paid a total of £26.6m in compensation after sacking former manager Antonio Conte and his backroom staff.last_img read more