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Hardesty, Tyde, Green & Ashton, P.A. blog
Thursday, July 24, 2008
Florida Family Law Updates
Florida law allows alimony to terminate upon the death of either party, the remarriage of the receiving party or if the receiving party cohabits with someone in a supportive relationship. The cohabitation portion of the law has raised many questions as to when alimony may terminate.
In June 2008 the Fourth District Court of Appeal decided Linsoth v. Dorgan. The parties divorced in 1992 and the wife was awarded permanent alimony. The wife began cohabiting in 2002 and did so continuously up to the trial for a period of five years. She and her friend were financially and emotionally mutually supportive, although there was no commingling of money. The trial court did not find a supportive relationship, AND granted the wife’s request to increase her alimony. The Fourth DCA affirmed. There is a strong and lengthy dissent. The two opinions thoroughly discuss the Florida cohabitation statute.
In Wilbur v. Wilbur, a Second DCA case decided in May 2008, the Husband had a huge arrearage. Trial court ordered husband to take out an equity loan on his homesteaded residence in order to pay it. The Second DCA affirmed.
If we can assist you with a family law matter please contact us at jaxlegal.com.
In June 2008 the Fourth District Court of Appeal decided Linsoth v. Dorgan. The parties divorced in 1992 and the wife was awarded permanent alimony. The wife began cohabiting in 2002 and did so continuously up to the trial for a period of five years. She and her friend were financially and emotionally mutually supportive, although there was no commingling of money. The trial court did not find a supportive relationship, AND granted the wife’s request to increase her alimony. The Fourth DCA affirmed. There is a strong and lengthy dissent. The two opinions thoroughly discuss the Florida cohabitation statute.
In Wilbur v. Wilbur, a Second DCA case decided in May 2008, the Husband had a huge arrearage. Trial court ordered husband to take out an equity loan on his homesteaded residence in order to pay it. The Second DCA affirmed.
If we can assist you with a family law matter please contact us at jaxlegal.com.
posted by Karl Green at 11:04 AM
Tuesday, July 22, 2008
Unfit Commercial Truckers Driving With Severe Disabilities
A recent study showed that over half a million commercial semi tractor trailer drivers were operating these huge rigs on our highways despite disabilities that qualified them as being totally disabled by the Veterans Administration, United States Labor Department or Social Security Administration. These disabilities ranged from vision and hearing loss to seizure disorders and uncontrolled heart problems. The result has been accidents that cost the lives of innocent motorists as well as the truck drivers themselves. Florida and Georgia ranked at the top of the study that looked at violations of medical rules. In a serious truck accident the background and history of a driver must be completely investigated. If you or someone you care about has been the victim of an accident please contact us to help.
posted by Attorney W. Marc Hardesty at 3:47 AM
Monday, July 21, 2008
Sick & Disabled Truck Drivers Have Deadly Consequences
According to a new U.S. safety study, hundreds of thousands of truck and bus drivers have commercial licenses even though they also qualify for full federal disability payments. Many of these drivers have suffered from seizures, heart attacks, or unconscious spells while driving that have led to fatal truck accidents. In fact, a federal study found that cases such as these were a leading cause of serious crashes involving large trucks.
Truckers violating federal medical rules have been caught in every state. Florida ranks among the top twelve states where the most drivers have been caught for breaking medical rules, including such things as failing to carry a valid medical certificate.
Take this example:
A Florida bus driver who uses three daily inhalers and suffers from black lung disease recently told congressional investigators that he “occasionally blacks out and forgets things.” He does not possess a medical certificate and has been receiving Social Security benefits since 1994.
The consequences of allowing impaired truck drivers on the road can be disastrous. In May 2005, a trucker suffering from sleep apnea crossed a median, killing a woman and her ten-month old son. It was later discovered the driver failed to disclose his condition when obtaining the medical certification he needed to drive.
If you or someone you care about has been injured in a truck accident and need help, contact our experienced attorneys.
For more information, go to: http://www.washingtonpost.com/wp-dyn/content/article/2008/07/21/AR2008072100222.html?nav=rss_business/industries
Truckers violating federal medical rules have been caught in every state. Florida ranks among the top twelve states where the most drivers have been caught for breaking medical rules, including such things as failing to carry a valid medical certificate.
Take this example:
A Florida bus driver who uses three daily inhalers and suffers from black lung disease recently told congressional investigators that he “occasionally blacks out and forgets things.” He does not possess a medical certificate and has been receiving Social Security benefits since 1994.
The consequences of allowing impaired truck drivers on the road can be disastrous. In May 2005, a trucker suffering from sleep apnea crossed a median, killing a woman and her ten-month old son. It was later discovered the driver failed to disclose his condition when obtaining the medical certification he needed to drive.
If you or someone you care about has been injured in a truck accident and need help, contact our experienced attorneys.
For more information, go to: http://www.washingtonpost.com/wp-dyn/content/article/2008/07/21/AR2008072100222.html?nav=rss_business/industries
posted by Kevin Moore at 5:18 PM
Internet Social Sites Show Up in Court
Next time you have the urge to post something on one of the Internet social sites think again before you do it. Sites such as Facebook, My Space and the host of others are gaining attention from Judges and Attorneys as a place to view evidence and search for self incrimination. Pictures, Stories or blogs are all sources for problems in the courtroom. Take the example of Joshua Lipton a Rhode Island student charged with DUI and causing an accident severely injuring a woman. The prosecutor found Facebook photos from a Halloween party two weeks after the accident with Lipton dressed in a mock prison suit and a sign saying "Jail Bird." The judge took the photos into account as he sentenced Lipton to 2 years in prison. To read the entire story see this link:
http://www.cnn.com/2008/CRIME/07/18/facebook.evidence.ap/index.html
The best judgement is to understand that if something is posted on the Internet it becomes difficult if not impossible to remove it entirely. Never post anything that is even questionable regarding content. The content posted on the Internet is public and is usable in virtually every type of case (criminal, family law, workers compensation, personal injury, medical malpractice). Please contact us if we can assist with a legal matter.
http://www.cnn.com/2008/CRIME/07/18/facebook.evidence.ap/index.html
The best judgement is to understand that if something is posted on the Internet it becomes difficult if not impossible to remove it entirely. Never post anything that is even questionable regarding content. The content posted on the Internet is public and is usable in virtually every type of case (criminal, family law, workers compensation, personal injury, medical malpractice). Please contact us if we can assist with a legal matter.
posted by Attorney W. Marc Hardesty at 4:05 AM
Sunday, July 20, 2008
Denial of Workers Compensation Treatment, The Norm
Most people go to work, do their jobs and never get injured. Those are the fortunate folks that have never had to face the Florida Workers Compensation system outlined in Florida Statutes Chapter 440. The law governing injuries in the workplace creates many roadblocks and pitfalls for the employee to navigate.
Imagine being told you cannot use your own doctor that you have come to trust and who has the best knowledge of you as a patient. Imagine a insurance company staffer determining what type of treatment will or will not be approved and then hiring a team of claim fighters to try and prevent the injured employee from getting the treatment that is medically necessary. Imagine an injured employee suffering a very serious injury and requiring multiple surgeries and rehabilitation treatment and being told by the law that the victim is at maximum medical improvement because two years has passed since the date of injury. That's right, it is not based on what trained medical professionals determine but what the Florida legislature passed in 2003. These scenarios occur each and every day to workers across this State.
We are familiar with these complex problems and dealing with the workers compensation system. If you need help please contact us.
Imagine being told you cannot use your own doctor that you have come to trust and who has the best knowledge of you as a patient. Imagine a insurance company staffer determining what type of treatment will or will not be approved and then hiring a team of claim fighters to try and prevent the injured employee from getting the treatment that is medically necessary. Imagine an injured employee suffering a very serious injury and requiring multiple surgeries and rehabilitation treatment and being told by the law that the victim is at maximum medical improvement because two years has passed since the date of injury. That's right, it is not based on what trained medical professionals determine but what the Florida legislature passed in 2003. These scenarios occur each and every day to workers across this State.
We are familiar with these complex problems and dealing with the workers compensation system. If you need help please contact us.
posted by Attorney W. Marc Hardesty at 4:40 AM
Friday, July 18, 2008
Miranda Rights, What are They?
The Miranda warnings arose out of a murder case in Arizona that was litigated in the United States Supreme court. The outgrowth of this case created the infamous "Miranda Warnings" or "Miranda Rights." Miranda only applies in custodial interrogation by law enforcement or their agents. That is there must be two requirements to require the rights to be read: 1. The person must be in custody (arrest or not free to leave) and 2. Interrogation (questioning). Statements made by a person spontaneously while in custody are not subject to these protections. The Miranda rights are as follows:
YOU HAVE THE RIGHT TO REMAIN SILENT(That means keep quiet, you are generally not going to be able to talk your way out of the situation so why not keep quiet and refrain from making a bad situation worse)
ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW (That means if you do not remain silent that your statements become great evidence in the governments case against you, why would you want to help the other side?)
YOU HAVE THE RIGHT TO AN ATTORNEY (Use it, contact us so that we can assist in a bad situation) , IF YOU CANNOT AFFORD AN ATTORNEY ONE WILL BE APPOINTED TO YOU (You will be assigned a public defender if you can demonstrate financial need)
YOU HAVE THE RIGHT TO REMAIN SILENT(That means keep quiet, you are generally not going to be able to talk your way out of the situation so why not keep quiet and refrain from making a bad situation worse)
ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW (That means if you do not remain silent that your statements become great evidence in the governments case against you, why would you want to help the other side?)
YOU HAVE THE RIGHT TO AN ATTORNEY (Use it, contact us so that we can assist in a bad situation) , IF YOU CANNOT AFFORD AN ATTORNEY ONE WILL BE APPOINTED TO YOU (You will be assigned a public defender if you can demonstrate financial need)
posted by Attorney W. Marc Hardesty at 4:40 AM
Thursday, July 17, 2008
Helmet or No Helmet? Here Are the Numbers.
The National Highway Transportation Safety Board (NTSB) has determined from investigating Motorcycle accidents nationwide that a person driving and wearing a helmet is 37 percent less likely to die in the accident. A motorcycle passenger wearing a helmet is 41 percent less likely to die in a crash. What should be noted is that these statistics took into account a variety of "helmet headgear" ranging from the spike WWI Kaiser helmet, beanie helmet and the full head and face covering of a competition helmet. It is fairly obvious that the higher quality and safety rated helmets improve the survivability statistics significantly. While optional helmet laws are widespread and certainly a bikers choice it is at least reasonable to know the facts and numbers. If you or a friend have been injured in a motorcycle accident please contact us. We have the experience and resources to help.
posted by Attorney W. Marc Hardesty at 3:07 AM
Wednesday, July 16, 2008
Sleeping Trucker Kills Seven Children
Driver Fatigue was the cause of the January 2006 accident caused by Alvin Wilkerson was 25 miles into an 85-mile trip hauling bottled water for Crete Carrier Corp. Wilkerson slammed into the back of a van that was stopped behind a school bus. He had been awake for nearly 34 hours and fell asleep while driving.
The crash killed 15-year-old driver, Nikki Mann, her siblings, Elizabeth Mann, 15, Johnny Mann, 13, and Heaven Mann, 3; two cousins, Ashley Keen, 14, and Miranda Finn, 10; and the Manns’ foster brother, Anthony Lamb, 20 months.
Both the van and tractor-trailer rammed into the school bus. The van burst into flames and killed everyone inside. Ten children on the school bus were also hurt, some severely.
Wilkerson was charged with seven counts of vehicular homicide and 10 counts of misdemeanor culpable negligence. He was sentenced to 7 years (one year for each death).
State Attorney William Cervone of Gainsville said that the conviction may be the first case in Florida where someone went to prison for falling asleep behind the wheel.
Cervone also indicated that the prison sentence doesn’t end the pursuit of justice in the case. Wilkerson has already discussed his sleep deprivation with prosecutors.
Assistant State Attorney Geoffrey Fleck added:
“We’re hoping that this will send a message to the trucking companies that if they drive sleep-deprived drivers, they could be not only civilly but criminally liable.”
That message is vital. Companies that pressure truckers to break the hours-of-service rules put the lives of innocent men, women and children at risk. Those companies should have to face criminal charges.
If you have been hurt or a loved one has been hurt or died as a result of a truck driver's carelessness, contact our firm Hardesty, Tyde, Green & Ashton by clicking here or calling (904) 398-2212.
The crash killed 15-year-old driver, Nikki Mann, her siblings, Elizabeth Mann, 15, Johnny Mann, 13, and Heaven Mann, 3; two cousins, Ashley Keen, 14, and Miranda Finn, 10; and the Manns’ foster brother, Anthony Lamb, 20 months.
Both the van and tractor-trailer rammed into the school bus. The van burst into flames and killed everyone inside. Ten children on the school bus were also hurt, some severely.
Wilkerson was charged with seven counts of vehicular homicide and 10 counts of misdemeanor culpable negligence. He was sentenced to 7 years (one year for each death).
State Attorney William Cervone of Gainsville said that the conviction may be the first case in Florida where someone went to prison for falling asleep behind the wheel.
Cervone also indicated that the prison sentence doesn’t end the pursuit of justice in the case. Wilkerson has already discussed his sleep deprivation with prosecutors.
Assistant State Attorney Geoffrey Fleck added:
“We’re hoping that this will send a message to the trucking companies that if they drive sleep-deprived drivers, they could be not only civilly but criminally liable.”
That message is vital. Companies that pressure truckers to break the hours-of-service rules put the lives of innocent men, women and children at risk. Those companies should have to face criminal charges.
If you have been hurt or a loved one has been hurt or died as a result of a truck driver's carelessness, contact our firm Hardesty, Tyde, Green & Ashton by clicking here or calling (904) 398-2212.
posted by Attorney W. Marc Hardesty at 3:32 AM
Practice Areas
- Personal Injury
- Workers Compensation
- Social Security Disability
- Military Law
- Criminal Law
- Family Law
- Florida Family Law Updates
- Unfit Commercial Truckers Driving With Severe Disa...
- Sick & Disabled Truck Drivers Have Deadly Conseque...
- Internet Social Sites Show Up in Court
- Denial of Workers Compensation Treatment, The Norm...
- Miranda Rights, What are They?
- Helmet or No Helmet? Here Are the Numbers.
- Sleeping Trucker Kills Seven Children
- Some Hospitals Still Allow IV Infusion of Phenerga...
- Wrongful Incarceration Compensation in Florida
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