There is a great commercial from a certain quilted bathroom tissue company that uses the slogan, “let’s get real about what happens in the bathroom.” Rather than using bathroom tissue to clean up kitchen messes or some random blue liquid that somehow always appears on the countertops of commercial stars, the company gets to the point and talks about what bathroom tissue is really used for.   The same realistic approach to reporting has been on the largest sports stations during the Olympics in London. Jim Rome, ESPN, and even local sports stations have gone beyond the athletic accomplishments…

CONTEST ON/JTS: Contest winners and rules are at the end. Here is your trivia question for this week: What is the name and position of the patch.com guest I had on family law radio on Saturday, July 28, 2012?  Your answer can be found by listening here:  http://www.internetradiopros.com/familylaw/. You have to listen to the beginning of the show to get the answer. Consider this scenario: You have developed a chicken restaurant that uses a secret blend of spices. You also have a business model on how your restaurant is run and it has been very successful so far. In fact, in your opinion, none …

Contest Update:  Last week’s winner was Jen B who has asked us to donate to New Tampa Family YMCA. According to Jen B, “one hundred percent of donations to the Y go to providing scholarships for children and families with special physical and financial needs who can’t otherwise afford the benefits of the YMCA.” Contest brief rules are at the end of the article.  Three Questions: The Introduction The “Three Questions” series is back. Here are three questions to ask yourself before you go into a bankruptcy consultation. In my experience, an initial bankruptcy consultation can take a lot longer …

OPENING STATEMENT: I ran into this story from First Coast News in Jacksonville regarding the police’s ability to search your cell phone if you are arrested. The story references the case of State v. Ricardo Glasco out of the Fifth District Court of Appeals. The Fifth District Court of Appeals is based out of Daytona Beach.  Ricardo Glasco was arrested for possession of drugs. While he was in handcuffs, the police searched him and found his cell phone. When Glasco was booked at the jail, the police searched his cell phone and found text messages that revealed that Glasco intended to sell the …

On June 6, the Tampa Bay Times reported this story regarding the matter of Agbebaku vs. Agbebaku. You can take a look at the article and more importantly the comments to the story. This is my rebuttal to what, in my opinion, is the belief that the resulting homicide of Ingrid Agbebaku is somehow a result of the domestic violence injunction not being entered. Let me start off by saying that my heart goes out to Ingrid Agbebaku’s family, the minor children, and even to Eugene Agbebaku’s family. There is no doubt in my mind that Eugene suffered from some serious mental issues and needed serious …

By Cynthia Veintemillas and Jeremy T. Simons Contest update: Because of a couple last minute adjustments, last week’s winner will  be announced next week. CONTEST ON/JTS (official rules here).  JT Simons, P.A., is holding a contest for you to figure out the hidden trivia question in this article. If you win, JT Simons, P.A., will donate $25 to charity. In short, figure out the hidden trivia question, send an email with the answer to JT Simons, and make sure your nonprofit is legitimate. Remember, send the answer to jts@simonslawfirm.com, subject line CONTEST ENTRY, and give me as much …

Contest update: We did not have a winner last week.  CONTEST ON/JTS (official rules here).  JT Simons, P.A., is holding a contest for you to figure out the hidden trivia question in this article. If you win, JT Simons, P.A., will donate $25 to charity. In short, figure out the hidden trivia question, send an email with the answer to JT Simons, and make sure your nonprofit is legitimate. Remember, send the answer to jts@simonslawfirm.com, subject line CONTEST ENTRY, and give me as much information as you can about the nonprofit you want the donation to go to. I need to verify it. I need your …

Contest update: Our winner from last week’s question is Jeff C. He has asked us to donate to West Elfers Cemetery Preservation Assoc. Inc. Except for this week, all donations have been mailed.  Check with your charity to make sure they received the donations please.  CONTEST ON/JTS (official rules here).  JT Simons, P.A., is holding a contest for you to figure out the hidden trivia question in this article. If you win, JT Simons, P.A., will donate $25 to charity. In short, figure out the hidden trivia question, send an email with the answer to JT Simons, and make sure your nonprofit is …

Contest update: Our winner from last week’s question is Patti C.  She has asked us to donate to the West Pasco Pregnancy Center. The answer was the late Federal Bankruptcy Judge Paskay.  The number of entries tripled from any previous contest! CONTEST ON/JTS (official rules here).  JT Simons, P.A., is holding a contest for you to figure out the hidden trivia question in this article. If you win, JT Simons, P.A., will donate $25 to charity. In short, figure out the hidden trivia question, send an email with the answer to JT Simons, and make sure your nonprofit is legitimate. Remember, send the…

Seeking an injunction to protect you from domestic violence or receiving a petition accusing you of domestic violence is a serious matter. But, before we get started, you should know about a contest I'll be running in each my columns that can win money for your favorite charity: CONTEST ON/JTSCHARITY EVENT: JT Simons, P.A., is holding a contest for you to figure out the hidden trivia question in an article. If you win, JT Simons, P.A., will donate $25 to charity. When you see at the start of an article the following: CONTEST ON/JTS (official rules here) In short, figure out the answer to the …

The physical repossession of a car is much easier than an eviction or a foreclosure.  In most finance agreements or lease agreements, the lending company has the right to repossess your vehicle if you miss your monthly payments.  We all know someone that has had a car repossessed. The towing company finds the vehicle somewhere and next thing you know, your car is gone. They may have found your car at your house, at the mall, at work, or tracked it with the GPS device that some dealerships place on your vehicle without your knowledge. Most people that have a car repossessed are not surprised. …

Florida’s alimony laws (also called spousal support) are evolving at a very rapid pace. There are currently two bills pending before the Florida Legislature that will once again change how a court awards alimony, the amount awarded, and the duration of the payments. The House version, HB 549, has already passed, and the Senate version, SB 748, is making progress.  Whether good or bad, it appears to me that a majority of the changes are intended to protect the person paying alimony and make it harder for the person receiving alimony. Also, a majority of the changes are for long-term marriages…

A significant part of my practice is to represent clients in hotly contested divorces. A contested divorce is financially beneficial to my practice. I would be lying if I said that I don’t reap a certain financial benefit by a divorcing couple that simply cannot get along at any stage of the divorce process. Some divorce attorneys (but honestly not most) actually encourage conflict to make sure the billable hours remain.  I am a divorced father of two wonderful children. Believe it or not, my ex-wife and I still get along almost all of the time. When we disagree, we are able to figure things …

Being a landlord is a tough business. Beyond the late payments and perhaps the constant maintenance, there are the problems when a tenant decides to stop paying rent and “squats” in the house until you do something.  I believe that the landlord/tenant laws for residential leases are pro-tenant. If the landlord’s “ducks” are all in a row, then the landlord can get the eviction. If a duck falls out of line, then the landlord may have to start over. Before we get into the analysis of residential landlord/tenant laws and processes, I feel obligated to say roughly where the idea for this article …

As most of you know, I like to have fun with articles at times when appropriate.  At the end of this week, the Super Bowl champion for 2011-12 will be crowned.  While you are watching Tom Brady throw for 400 yards or being sacked six times by the very aggressive defensive line of the New York Giants, listen closely to some of the terms and phrases used during the course of the game.They are remarkably similar to legalese. I wonder what attorney has the privilege of writing the National Football League Rule Book available for download?  To enjoy the Super Bowl properly, the most important …

We have all seen it: You are driving down the street and see a young child climbing around the back seat of a car without a seat belt. My first reaction is always, “What are those parents thinking. LOCK THAT KID UP!” Who knows what happens in the back of minivans with more room to move around. When I researched this article, I was dumbfounded on the lack of any bite to truly enforce child restraint responsibilities. The child restraint laws in Florida are short and to the point. Section 316.613, Florida Statutes, states in part, “For children aged through 3 years, such restraint device must …

I know the rule around the water-cooler: Don’t talk about religion, sports, or politics. I am going to break all three rules.  Here is the link to the case that is the subject of this article:  Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, released on Jan. 11, 2012.  Constitutional lawyers will agree or disagree on its meaning and application. I will say that the Court’s opinion has a great discussion on the history of the First Amendment and why it became such a cornerstone of our country.   First, let me outline the rough facts of the case before the United States Supreme …

Every single person that has minor children pays child support. Whether you are happily married, separated, divorced, or the parent of a child born without a marriage in place, you pay child support. Every time you buy food, toys, or pay the rent/mortgage, you are paying child support. The gas you spend to send your children to soccer practice or to the doctor’s office is supporting the children. When I took my children to see “Dolphin Tale” and when I take them to the Clearwater Marine Aquarium (www.seewinter.com) that is supporting my children. However, society views the term “child support…

I have scoured the Internet and found some interesting personalities that have legal education backgrounds. I am careful to put in the term “legal education” rather than legal “experience” so as to eliminate such classic personalities such as Barry Bonds, Larry Flynt and Sean Hannity.  I am not a famous lawyer like Harvey Levin (TMZ, People’s Court, etc), Nancy Grace (Dancing with the Stars and some other shows), or Robert Kardashian (O.J. Simpson’s Attorney) so I did not have an opportunity to interview these personalities to confirm the accuracy of the information.   Most of this …

I have a huge confession to make: I absolutely love court reality television shows!  This is no secret to my staff, friends and certainly not my wife. I found out the other day that I am not alone. I was reading a 2004 Trial Lawyer’s magazine at a mediation the other day and it said that attorneys are one the biggest consumers of television lawyer shows from dramas to reality shows. I know I should cite my source, but I simply did not write it down. It is in a mediation room in Orlando on the first floor under a phone and very dusty.  My favorite court show by far is “The People’s Court.”  …