Category: News

In my practice of family law, I am often asked during consults by prospective clients, who have been served with divorce papers, if they need to file a written response to the Petition for Dissolution of Marriage.  My first and immediate response is always yes, and I then confirm when they have been served.  This is important, for the law in Florida is that the person served must file a written response within 20 days after the date of being served. 

In dissolution of marriage (commonly referred to as divorce) cases in Florida, the concept of equitable distribution is utilized as opposed to community property when distributing assets and liabilities.  Equitable means fair not equal.  The first step in the equitable distribution process is to identify all assets and liabilities of the spouses. Then those assets and liabilities are characterized as either marital, non-marital or a hybrid of both. 

Using an old Daytona 500 NASCAR race expression, the second Rice & Rose Sprint Triathlon on July 14, 2013, enjoyed "Bill France Weather."  Pictured here are Paul Rice (wearing the Tour de France's King of the Mountains red polka dot jersey) his son, Paul III, and daughter, Haley, who helped out at the race. 

The “Florida Residential Landlord and Tenant Act” governs the relationship between landlords and tenants when they enter into a residential rental agreement.  On June 7, 2003, Governor Scott approved CS/HB 77 which serves to change certain laws in the Residential Landlord and Tenant Act as of July 1st.  Below are three of the major changes that recently became law. 

The first Rice & Rose Sprint Triathlon was held on June 30, 2013, at Frank Rendon Park in Daytona Beach Shores, Florida.  Partner, Paul Rice, pictured here second from right, was on hand for the race and the trophy presentations.

The United States Supreme Court, in last month’s decision of King v. Maryland , ruled that law enforcement has the right, and it is not a violation of the 4th Amendment to the US Constitution, to take a  swab of DNA from a person arrested, without the necessity of first obtaining a search warrant from a judge.

A Power of Attorney is a powerful legal document which delegates authority from one individual to another.  Specifically, the maker of the power of attorney, also known as the “principal,” grants the right to act on their behalf to an “agent.”

If a resident of the State of Florida becomes incapacitated and no Power of Attorney or Trust has been set up, it becomes necessary to set up a guardianship.  A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person.

The days of a community association (condo, hoa or cooperative) waiting years for a bank to foreclose so that the association can once again begin to receive much needed due and owing assessments is now history (for the most part).  On June 7, 2013, Governor Rick Scott approved HB87, Relating to Mortgage Foreclosures. 

The Florida Supreme Court ruled in 1991 that if a husband's law practice had monetary value over and above the value of its tangible assets, separate and distinct from the reputation of the husband, then the practice had "good will," and the good will that accumulated during the marriage was a marital asset subject to equitable distribution.