• Partner's Perspective: Little Moments Are the Joys of Life
  • Firm Nominated for Reader's Choice Award - Vote Today
  • Jimerson Birr Ranks Among "Best Law Firms" in America
  • Long-time Northeast Florida Real Estate Development Executive Bill Garrison Joins Jimerson Birr as Firm Development Executive
  • Curiosities, Ruminations and Various Eccentricities of Firm Biz
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PARTNER'S PERSPECTIVE
Austin T. Hamilton - Little Moments Are the Joys of Life
As the holiday season approaches, I am reminded of my younger days back in Northern Ohio sledding and playing snow football in the backyard with my brothers. While I always enjoyed the days off from school and feasting without a care in the world, I never quite understood the significance of the holiday season and how lucky I was to spend quality time with friends and family. Although I did not understand it at the time, it was always about those little moments with my family and the little joys of life. I still remember going around the table on Thanksgiving and saying what I was thankful for. It was the simple things like mom’s pecan pie, watching the Macy’s Thanksgiving Day Parade with my dad, and laughing while playing cards and games as a family.

As the years pass, and now that I have a family of my own, I still try to appreciate and reflect on those little moments. Unfortunately, I have to admit that oftentimes the practice of law and the day-to-day obligations of life consume a majority of my time. However, as the holiday season approaches, I find myself pondering those moments and trying to appreciate the little things that matter most, like watching my oldest son learn to ride his “big boy” bike and seeing how proud he is of himself. Or watching my youngest son spontaneously bust a dance move in the living room when he hears a song he likes. (By the way, I have no idea where he got his dance moves, but it was not from the Hamilton side of the family.) Or watching my wife, who is the CEO of the Hamilton household, manage her full-time (plus) job and still somehow keep the family intact. Those little moments mean everything, and the holiday season helps remind me to appreciate those moments and make time for what matters the most.

This holiday season, I suggest you take time to appreciate the little moments and reflect on what matters the most to you. Yes, 2020 has been a difficult year in many respects. Nevertheless, there are many things to be thankful for, including those priceless moments. Please take the opportunity to reflect on the little moments in your life and pass some gratitude on to your loved ones. 
From the Hamilton house to yours, Happy Holidays!
Austin T. Hamilton
Partner
Vote Today: Jimerson Birr Nominated for a Reader's Choice Award
We are excited to announce that Jimerson Birr has again been nominated for a Florida Community Association Journal (FLCAJ) Reader's Choice Award. The FLCAJ Awards are presented each year to industry service providers, and the winners are selected by popular vote through their online voting process. Last year, the firm won a Platinum Award thanks to the number of votes cast.

Voting is quick, and we hope you will cast your vote for us in the Legal Services category. We appreciate your consideration, and thank you for continuing to be loyal readers and friends.
Jimerson Birr Ranks Among "Best Law Firms" in America
Jimerson Birr is proud to announce it has been named of the "Best Law Firms" for the second year, according to U.S. News & World Report. Firms included in the 2021 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for ranking, a firm must have a lawyer recognized in The Best Lawyers in America, which recognizes only 5% of lawyers practicing in the United States.

Earlier this year, two Jimerson Birr partners, Charles B. Jimerson and James O. “Joby” Birr, III were named to the 2021 Best Lawyers in America List. Jimerson was nominated for his work in commercial litigation and Birr for his work in real estate law. Achieving a tiered ranking as a firm signals a unique combination of quality law practice and breadth of legal expertise.

“As a firm, our shared mission is to place the highest priority on client service and, as a result, to become the highest quality provider of legal services to clients, regardless of size or location,” said managing partner Charles B. Jimerson. “Our tiered ranking on this list means that our clients and professional colleagues believe we are living up to that mission, and that makes us exceptionally proud.”
Northeast Florida Real Estate Development Executive Bill Garrison Joins Firm
Jimerson Birr has hired long-time northeast Florida real estate development executive Bill Garrison to advance the company's growth pursuits. In his role as Firm Development Executive, Garrison will support business development focusing on the industries of Construction; Real Estate Development, Sales & Leasing; and Community Associations. He will also take the lead in strengthening recruitment strategies and employee engagement initiatives.

Before joining the firm, Garrison most recently served as the Executive Director of the Northeast Florida Builders Association (NEFBA) after a number of years as the Director of Economic Development for Clay County. He has enjoyed an extensive and varied 25-year career in northeast Florida involving construction, housing and real estate, and has amassed a wealth of experience, relationships and connections in that time.

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, business litigation, eminent domain law, community association law and everything in between. Click here to subscribe today and stay up-to-date on the latest legal news from these core areas:


Banking & Financial Services Industry Law Blog
Mitigating Risk Associated with Hospitality Industry: Commercial Foreclosures 101


Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults. This article provides a high-level overview of the commercial foreclosure process and practical considerations for lenders and servicers...

Click here to read the full blog post.

Construction Industry Law Blog
Does a Tolling Agreement Extend the Miller Act’s Period to File a Lawsuit on a Payment Bond?


Pursuant to the Miller Act and Florida’s Little Miller Act, when certain subcontractors and material suppliers have not been paid on public construction projects, they must file their lawsuit on the payment bond within one-year after the last day labor was performed or materials were supplied to the project. § 255.05(10), Fla. Stat.; 40 U.S.C. § 3133(4). In some circumstances, those parties may attempt to settle the payment bond dispute and enter into a tolling agreement to suspend the running of the one-year statutory period...

Click here to read the full blog post.

Community Association Law Blog
Pre-Suit Requirements for Community Associations Disputes


Many lawsuits pertaining to community associations involve unit owners who disagree with the actions of their Community Association’s Board of Directors. In the recent case Iezzi Family Limited P’Ship v. Edgewater Beach Owners Ass’n, Inc., 254 So.3d 584 (Fla. 1st DCA 2018), the First District Court of Appeals held that in certain derivative lawsuits brought by unit owners against their condominium association and its board of directors, the unit owner must comply with the statutory pre-suit requirements outlined in Fla. Stat. § 617.07401, which is Florida’s Not-For-Profit Corporation Statute. All condominium associations (and homeowner) associations are Not-For-Profit Corporations and are subject to both Chapter 718 and Chapter 617, Florida Statutes...

Click here to read the full blog post.

Business Litigation Blog
Loan Modification and Deferment Requirements for SBA Lenders


If a borrower is experiencing difficulties making payments on their SBA loan, they may seek relief with the lender or CDC by requesting a loan modification or deferment. When a lender or CDC receives such a request from a borrower, the lender or CDC must be cognizant of the requirements of granting a modification or deferment, and recognize when the loan should be classified in liquidation instead...

Click here to read the full blog post.

Real Estate Development, Sales & Leasing Industry Blog
Assignment of Rents Under 697.07, Florida Statutes


Pursuant to Section 697.07, Florida Statutes, a mortgage or separate instrument may provide for an assignment of rents of real property or any interest therein as security for repayment of an indebtedness.  §697.07, Fla. Stat. (2019). Under an assignment of rents, the mortgagee holds a lien on the rents of the mortgagor. However, and critically, in order to perfect a lien on rents, the assignment of rents must be recorded in the public records of the county in which the real property is located.  §697.07(2)...

Click here to read the full blog post.

Firm News
Curiosities, Ruminations and Various Eccentricities of Firm Biz
Jimerson Birr's Annual Pumpkin Bowling Game Strikes Again
We recently enjoyed one of the most talked about firm events of the year: the annual pumpkin bowling game. This is a firm-favorite, and this year's bowling competition with a major seasonal twist didn't disappoint. The oversized pins and plastic-covered lane were assembled in our lobby, two perfectly round pumpkins were hand-selected, and fall treats awaited us. We had one heck of a time heaving pumpkins down the hall to see who could rack up the best score.

Who rolled their way to victory this year? The 2020 Jimerson Birr Pumpkin Bowling champion was Charlie Jimerson. Great job, Charlie!

Partners Calhoun and Maloney Lead Presentation for PDCA's Annual Conference
Partners Austin B. Calhoun and C. Ryan Maloney presented for the Pile Driving Contractors Association's (PDCA) 2020 Annual Conference Webinar Series. Their two-part presentation began with "You've stopped getting paid, now what?" which included practical tips and strategies to effectively avoid and mitigate nonpayment issues on construction projects. It concluded with "Know Your Rights and Remedies Under the Federal Miller Act," which provided valuable insight on the Miller Act and payment bonds coverage, rights and claims.

For more information on our Construction Industry Team or for future presentation inquiries, please call 904-389-0050 or email us. You can also subscribe to our blog today to stay abreast of industry news and updates.
Finally, from all of us at Jimerson Birr, we wish our clients, colleagues and friends a Happy Thanksgiving. While it may look a bit different this year, as our partner Austin Hamilton said, let us all try to appreciate the little moments and take time to reflect on what matters most.
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Jacksonville, FL 32202

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