News, Events & Blog

Lane Roesch Speaks to Group on Bankruptcy

Lane Roesch Speaks to Group on Bankruptcy

ShuffieldLowman attorney Lane E. Roesch and other members of the firm’s litigation team invited a group of special asset bankers for an informal luncheon and presentation on issues related to Chapter 7, 11 and 13 bankruptcies. The presentation, led by Lane and hosted by firm shareholder Steve McDonald, was held at the firm and featured an overview of topics including, bankruptcy discharge, automatic stays and select secured creditor issues. The firm welcomes the opportunity to host similar talks with other groups in the future. If you have an interest in learning more about bankruptcy issues, contact Lane Roesch at lroesch@shuffieldlowman.com.

Brianna Marie Foundation Inaugural 5K Run/Walk

Brianna Marie Foundation Inaugural 5K Run/Walk

ShuffiieldLowman is participating in the Inaugural 5k Run/Walk held by the Brianna Marie Foundation on Saturday, March 16th at 8:00am. The Hissam family and Brianna Marie Foundation are friends and pro-bono clients of attorney Julia Nikitina. The firm helped establish and secure public charity status for the Foundation, whose mission is to raise funds to foster future research and development of a fatal illness known as Fetal Hydrops. The disease causes abnormal amounts of fluid buildup in two or more body areas of a fetus or newborn. The Hissam’s daughter, Brianna Marie, succumbed to the disease hours after her birth but in those hours, she had a great impact on the lives of everyone around.

About the Race

The race will begin and finish at Wickham Park, 2500 Parkway Drive, Melbourne, FL 32935. The event is open to all. For more information, or to register, visit http://register.runningzone.com/search/event.aspx?id=14743

About the Brianna Marie Foundation

Brianna Marie, daughter of Aran and Patrick Hissam was diagnosed with Fetal Hydrops in November of 2011 and given a zero percent chance of survival. Brianna was born on March 16, 2012 and was with us for 15 hours before God took her back as his angel.

Despite what the initial diagnosis was, Aran and Patrick fought with some amazing doctors for their daughter’s life. So much was learned about Fetal Hydrops, fetal lung growth, and the successes brought on by fetal therapies. From being told by some that we would never see lung growth to seeing significant growth post surgery tells how much can be done to help with the right physicians and correct knowledge.

This site is designed to help educate you on the illness, be a resource and tool if you too are carrying a baby diagnosed with Fetal Hydrops, and to ask questions of someone who has gone through what you have. One of the goals of this website is to help families and women diagnosed with Fetal Hydrops have an avenue to go to, full of knowledge and information on the disease at briannamariefoundation.com/Home.php

 

Your Process Server Made a Mistake, Now What?

Your Process Server Made a Mistake, Now What?

Whether it’s serving the receptionist at a corporation or an individual under the age of 15 how can you correct your process server’s mistake?

Florida Rule of Civil Procedure 1.070(b) provides that “[w]hen any process is returned not executed or returned improperly executed for any defendant, the party causing its issuance shall be entitled to such additional process against the unserved party as is required to effect service.” In other words, once your process server makes a mistake, you are entitled to have the clerk issue a second summons so that you can effectuate service.

The question that arises when using this process is whether a Plaintiff must obtain a court order before causing the clerk to issue an alias summons. Although there is no clear answer, a few District Courts of Appeals have provided some guidance. For example, in Sunrise Beach, Inc. v. Phillips, 181 So. 2d 169 (Fla. 2d DCA 1965), the Second District approved the clerk’s issuance of an alias summons during the pendency of an appeal of the trial court’s order denying Defendant’s motion to dismiss for improper service. Similarly, in Punta Gorda Ready Mixed Concrete v. Green Manor Construction Co., Inc., 166 So. 2d 889 (Fla. 1964), the Florida Supreme Court approved the use of “insurance summons.” More recently, in Hawk Haven, et al. v. BMO Harris Bank, N.A., Case No. 5D-12-270, the Fifth District affirmed, per curium, a trial court’s order denying a defendant’s motion to quash an alias summons that was issued without a court order. Notably, the trial court has also approved the issuance of the alias summons nunc pro tunc to the date of issuance.

A Plaintiff faced with ineffectual service because of a process servers mistake should avail itself of the alias summons procedure provided by Rule 1.070(b).


ShuffieldLowman Names Partner, Attorney Alexander S. Douglas, II

ShuffieldLowman Names Partner, Attorney Alexander S. Douglas, II

ORLANDO, FLORIDA – The law firm of ShuffieldLowman recently named longtime Orlando attorney Alexander “Alex” S. Douglas, II as a partner with the firm. Formerly with the law firm of Pohl & Short, Douglas recently joined the ShuffieldLowman litigation department, providing wide-reaching knowledge in all areas of litigation with extensive experience in the areas of trust and probate litigation.

Practicing law for 23 years, Douglas is a Martindale-Hubbell AV rated attorney providing senior litigation experience in a wide variety of areas, including business, probate and trust, fiduciary and contested guardianship cases. Douglas is a frequent speaker on the topic of trust and probate litigation, including a recent December 2012 presentation he made before a group of fellow Orange County Bar Association attorney members.

Douglas earned his Juris Doctor degree, with honors, from Florida State University College of Law. While there, he was a member and president of the F.S.U. law school moot court team and competed in national moot court competitions. He also served as an extern to then Justice Rosemary Barkett of the Florida Supreme Court. Alex holds a Bachelor of Arts degree, with honors, from Washington University in St. Louis, Missouri.

Alex is admitted to the Florida Bar and is also admitted to practice in federal court before the U.S. District Court for the Middle District of Florida, the Southern District of Florida, and the Eleventh Circuit Court of Appeals.

Shuffield, Lowman & Wilson, P.A. located in downtown Orlando in the Gateway Center building, and in the heart of Lake County’s Downtown Tavares, is a full service law firm practicing in the areas of corporate law, securities, banking & finance, bankruptcy & creditors rights, land use & government law, real estate, commercial and civil litigation, labor and employment, health law, immigration, estate planning and probate, guardianship & elder law, mergers and acquisitions, intellectual property, patent licensing, trademarks & copyrights, tax law, planning for high net worth families with closely held businesses, and environmental law.