• Partner's Perspective: Vacation, All I Ever Wanted
  • Five Jimerson Birr Partners Named 2021 Florida Super Lawyers and Rising Stars
  • Real Estate Industry Team Presents "Commercial Real Estate Transactions: How to Avoid Common Buyers' Pitfalls"
  • Jimerson Birr Welcomes Two Summer Associates
  • Curiosities, Ruminations and Various Eccentricities of Firm Biz

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C. Ryan Maloney - Vacation, All I Ever Wanted
Summer has arrived, and this summer feels like a real summer. Masks, quarantines and nasal swabs are finally starting to feel more like history, rather than the current reality – thank you science! And real summer vacations are also back, with my family, and those of many of my friends and colleagues, planning to take real live summer vacations. 
However, as we all know, planning and taking summer vacations can, at times, be hectic, stressful and exhausting. From figuring out the destination, to booking flights and/or renting cars, to looking through countless hotel or Airbnb sites online to find the perfect place (and a great deal), to packing all the clothes and essentials (especially for kids), to figuring out what to do with the dog, just planning the vacation can be like a second job. 
Even the vacation itself can sometimes make you feel like you need a vacation from the vacation. That great flight you booked got delayed, and you have to run through the airport with your spouse, your kids and your carry on bags to make the connection. The rental car counter line is backed up 10 deep when you finally get there, and there’s only one (kind of surly) attendant working that day. The hotel deal you got online charges $40 a day for parking and a $75 a day “resort fee” (which doesn’t even cover any drinks!). What do you mean the line for Space Mountain is 2 hours?!
But, with all that, there are almost always just as many unforgettable moments of joy and togetherness with your family on those summer vacations too that make it all worth it. For me, it’s things like the first time my son caught a perfect wave on the boogie board on his own, the look on my daughter’s face when she got to drive the golf cart around the resort, and my family seeing dolphins swimming right next to our kayaks on the intracoastal. Even some of the things that seem like a pain at the time can turn out memorable. Like the time a passing tropical storm rained out a whole day of our beach vacation, but the next day it had washed up all kinds of cool things on the shore, like horseshoe crabs, sand dollars and huge conch shells with live conchs that my kids had a blast finding as they explored the post-storm beach. 
Those memories you make, and the stories you tell as a family, are priceless. That is what you’ll remember about the vacation you take this summer, not the hassles and bag drag moments. Plus, studies have shown that spending your money on experiences, like summer vacations, is consistently associated with greater levels of happiness, both during and after the experience, than spending on material things, like jewelry or gadgets.
So, get out there and attack those summer vacation plans with a vengeance. Hit the beach, explore the mountains, tour the theme parks, or do whatever you and your family may have planned with gusto. You’ll make memories that will last a lifetime, and you’ll only remember the good stuff anyway!
All the best,
C. Ryan Maloney

Five Jimerson Birr Partners Named 2021 Florida Super Lawyers and Rising Stars
Super Lawyers Magazine released its annual list of Florida's top-rated attorneys, and five Jimerson Birr partners were recognized as 2021 Florida Super Lawyers and Rising Stars. Managing Partner Charles B. Jimerson and partner James O. "Joby" Birr were named as Super Lawyers. This is Jimerson's tenth year being recognized by Super Lawyer Magazine and Birr's eleventh. Rising Stars include Austin B. Calhoun Austin T. Hamilton and Brandon C. Meadows. All three are multi-year recipients of the award.

Read the full release here.

Real Estate Industry Team Presents Commercial Real Estate Transactions: How to Avoid Common Buyers' Pitfalls
This month, Lynne C. RhodeA. Hunter Faulkner and Deborah L. Ruiz presented "Commercial Real Estate Transactions: How to Avoid Common Buyers’ Pitfalls." This presentation is a valuable resource for anyone involved in the purchase of land or real estate on the commercial side. The topics for the presentation were influenced by today's hot buyers' market and rapidly growing area. Understanding key elements of real estate transactions is critical to a successful purchase experience, and you can watch the recording of the presentation to learn more about:

  • Ensuring a comprehensive letter of intent is delivered
  • Reviewing pre-purchase regulatory considerations
  • Pre-purchase corporate structure considerations to keep risks low
  • Contract drafting, including title and surveys, due diligence, and entitlements
  • Conditions precedent, contingencies and diligence concerns
  • Buyer default protections

Our firm aims to add value to all of our real estate industry clients, and strives to provide timely, reliable and actionable advice based upon mutually developed goals and objectives. We take pride in our dedication to client responsiveness, real world experience in the real estate industry, and strong commitment to staying at the forefront of legal and regulatory developments.

We provide tools, educational programs, resources and best practices for the tasks and responsibilities businesses in the real estate industry are faced with. Through live training options, both in person and virtually, we aim to help clients understand how to wield the law as both a shield and a sword. If you are interested in exploring an attorney-led training for your business, please send us an email.
Jimerson Birr Welcomes Two of the Firm's 2021 Summer Associates
We are pleased to introduce two of our 2021 Summer Associates, Zachary Pestcoe and John Stevelinck, who have already become valuable contributors.

Zachary Pestcoe is attending University of Florida Levin College of Law, and he found his passion for the practice of law while on his high school's Policy Debate Team. Upon graduation from University of Florida with his B.S. in Economics and Political Science, he remained in Gainesville to embark on his law school journey. In his free time, Zachary enjoys live country music, rooting for the Florida Gators and Florida Panthers, and developing his poker game.

John Stevelinck attends Wake Forest University School of Law, and he is currently a member of the Wake Forest Journal of Business and Intellectual Property Law. His passion for service led to him to pursue a career in law, and he hopes to build a career where he can provide counsel to members of his community when faced with adversity. John enjoys being challenged both professionally and as an individual. Outside of the office, he is an avid fisherman and enjoys trying new techniques to chase after species he has yet to catch.

Learn more about our Summer Associate program and Jimerson Birr's commitment to cultivating a best-in-class team and work culture.
Jimerson Birr Legal Blogs
Are you keeping up with the latest information in business and law? Jimerson Birr publishes weekly blog posts covering topics from construction law, real estate development, sales and leasing law, banking and financial services law, community association law, and everything in between. Click here to subscribe today and stay up-to-date on the latest legal news from the industries we serve:
Banking & Financial Services Industry Legal Blog
Payments During Foreclosure: Requesting Payment, Show Cause Hearing, Payment Terms, and Eligibility

Except in cases of an owner-occupied residence, lenders are entitled under Florida law to receive payments during the pendency of a foreclosure proceeding. The rules and procedure for obtaining payments are provided in Section 702.10(2), Florida Statutes. Lenders must pay careful attention to this Florida Statute to ensure they preserve their rights and properly deploy this valuable litigation tool...

Click here to read the full blog post.

Construction Industry Legal Blog
Takeover Agreements on Performance Bond Claims: What Are They and How Do They Work?

On many construction projects, the general contractor may be required to furnish a performance bond. That performance bond guarantees the completion of the prime contract if the general contractor defaults.

A performance bond is a three-party contract between a surety (the party promising to be responsible if the principal fails to perform), the principal (the party who is performing the work—the general contractor), and the obligee (the party who is protected by the performance bond—the owner)...

Click here to read the full blog post.

Community Associations Industry Legal Blog
Avoiding Conflicts of Interest by Association Boards

Under Florida law, condominium association (“CA”) board of directors members and homeowners’ association (“HOA”) board of directors members owe fiduciary duties to their associations and the unit or home owners they serve. This generally means that directors must place the interests of the association above their own self-interest and take actions they reasonably believe will benefit the association and owners. When a board member becomes entangled in a conflict of interest, his or her ability to place the association’s interests first becomes compromised, which can harm the association’s reputation, cause regulatory issues, and even harm the interests of board members themselves in certain situations...

Click here to read the full blog post.

Real Estate Development, Sales & Leasing Industry Legal Blog
Unlawful Commercial Evictions: A Cautionary Tale for Commercial Landlords Wanting to Use Self-Help to Retake Possession of Leased Property

Using “self-help” as a means to evict commercial tenants is no longer acceptable and likely to result in a lawsuit against the commercial landlord. When a tenant fails to pay rent as it becomes due, breach appears to be undisputed. After all, paying rent is typically why the tenant is allowed to occupy the leasehold in the first place. Jumping to conclusions, it may seem reasonable for a commercial landlord to take actions to remove the tenant without a court order of possession because the court is probably going to grant eviction anyway...

Click here to read the full blog post.

Healthcare Industry Legal Blog
Is a Former Shareholder That Was Ousted from a Corporation Entitled to Inspect the Corporate Records?

By: Jimerson Birr

After a shareholder is ousted from a corporation, is the shareholder still entitled to inspect the corporate records?[1] It is undisputed that Florida law only guarantees access to corporate records to present shareholders. Urfirer v. Cornfeld, 408 F.3d 710, 726 (11th Cir. 2005). However, what if the shareholder demands to inspect records before it is ousted from the corporation, while it is still a shareholder?

This article explains how to determine whether an ousted shareholder who made a demand to inspect corporate records before the ouster still has the right to inspect the corporate records. If the shareholder was improperly ousted, he or she may still be a shareholder, and would therefore be entitled to inspect corporate records. If the shareholder was properly ousted, the former shareholder would only be entitled to inspect the corporate records if it can identify a proper purpose...

Click here to read the full blog post.

Firm News
Curiosities, Ruminations and Various Eccentricities of Firm Biz
Charles Jimerson Serves as Guest Speaker at GRIT Camp
This month, Charles Jimerson was invited to speak at GRIT Camp to share what motivates him and helps him overcome obstacles. He explains that accomplishing goals and finding success in anything we put our minds to is possible if we simply adjust our inner dialogues. "GRIT," to Charlie, means "Good Riddance Impossible Thinking." This acronym was central to his message as he shared his experiences in creating successful outlooks for any challenge.
An inside look at Charlie Jimerson's GRIT Camp presentation on June 9, 2021.
GRIT Camp is a summer program for elementary and middle school children that teaches mental, physical, and emotional resilience through sports. Each day, activities and speakers are coordinated to help the children find their grit by instilling positive habits and attitudes. Learn more about GRIT Camp and their forward-thinking program.
June JB FOR ME Highlight Reel
Summertime brings great weather in the Sunshine State and it also brings the heat with events, activities and perks here at our firm.

We focused on our health goals in the month of May with a few wellness-centered events. The first was in honor of National Salad Month. We shared a weekly salad recipe and encouraged our team members to try that salad of the week on Fridays for lunch. National Fitness Day stretched and challenged us physically. We partnered with Springfield Nutrition to provide nutritious smoothies and healthy teas for lunch while offering fitness advice. They challenged us to find creative ways to exercise while in the office. We organized an afternoon of group circuit training which including jumping jacks, squats and walking lunges through our hall. While this was not the typical way we spend our Friday afternoons, it made our hearts pump and our muscles sore.

During the bourbon and wine blind taste test, two teams competed to correctly rank the selections from least to most expensive by taste and appearance. Team two, led by Joby, came out on top.
The Jimerson Birr team enjoyed an educational discussion on health and fitness during National Fitness Day. Nutritious smoothies and teas followed for everyone to enjoy.
The annual Bob Ross Competition is the event the entire firms looks most forward to each year. Everyone brings their A game to create a masterpiece and unleash their inner artist.
And when you feel good, you've got to look good. National Tailors Day was the perfect occasion to offer a super-convenient and amazing perk. A local tailor set up shop in our office and provided onsite alterations for all of our team members, compliments of the firm.

As for the competitions you know we love, our Bourbon and Wine Tasting Competition asked the question “Who has expensive taste?” when two teams blind tasted various bourbons and wines and were to rank them in order by price. In true dramatic fashion, both teams unknowingly came out with the same results. While they correctly guessed the wine, the bourbons were a challenge. The final battle was a one-on-one with chosen representatives and it meant Jimerson vs. Birr in a sudden death tie-breaker event to remember.

The Annual Bob Ross Painting Competition brought the intensity, laughter and camaraderie. This event is a firm favorite and we were excited to share it live with our audience as we streamed it on our Facebook page. Many were able to get a real look at what it’s like to recreate a Bob Ross painting as a team with each person painting for one minute at a time, all while trying to keep up with the man himself. Sounds crazy, right? Well the social media votes are in and the near unanimous winner was Team 1! Congratulations to Judy, Brandon, Jennifer and Sammie B. for a job well done.

Until next time...
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