Taylor Day Law

The Briefing

Monthly Archives: January 2019

Taylor Day Sponsors 2019 OneJax Humanitarian Awards Dinner

Taylor Day Sponsors 2019 OneJax Humanitarian Awards Dinner

Taylor Day is proud to be one of the sponsors for the 2019 OneJax Annual Humanitarian Awards Dinner, to be held Thursday, April 11th. This annual event honors individuals who have made a significant humanitarian contribution to their communities. OneJax is an interfaith organization dedicated to achieving civility, understanding and respect for all through education, dialogue and community-building. Learn more about OneJax by visiting https://www.unf.edu/onejax/.

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Florida’s Fifth DCA taketh away, but also giveth, to construction defect defense attorneys

Florida’s Fifth DCA taketh away, but also giveth, to construction defect defense attorneys

Florida’s Fifth District Court of Appeal recently offered some clarity on two oft-argued defenses in construction defect matters. In CB Contractors, LLC v. Allens Steel Products, Inc., the 5th DCA reviewed both 1) indemnity provisions challenged under Fla. Stat. 725.06; and 2) common law indemnity claims brought by general contractors against their subcontractors. 2018 WL 6579215 (Fla. 5th DCA 2018). Typically, construction defect defense litigators will argue either via Motion to Dismiss or in affirmative defenses that an indemnity provision that does not comply with the mandates of Fla. Stat. 725.06 is void and unenforceable. Likewise, citing to Paul N. Howard Co. v. Affholder, Inc., 701 So. 2d 402 (Fla. 5th DCA 1997), defense counsel regularly argue subcontractors do not, as a matter of law, share a common obligation with the general contractor that may give rise to a common law indemnity claim. In CB Contractors, the 5th DCA virtually eliminated these two defenses. However, the court may have also provided significant insight on how to address multi-count claims that are, at their core, indemnity by another name. First, the court reviewed the matter of whether an indemnity provision that fails to comply with Fla. Stat. 725.06 is void and unenforceable, or whether just the portion of the indemnity provision that fails to comply is void. In analyzing the indemnity provision at issue, the trial court found the requirements of Fla. Stat. 725.06 were not met and the clause was deemed void and unenforceable in whole. The 5th DCA overturned this decision, finding support in prior case law that only the non-compliant portion […]

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Taylor Day Continues Expanding, Welcomes Shircola D. Powell

Taylor Day Continues Expanding, Welcomes Shircola D. Powell

Taylor Day welcomes its second associate this month, Shircola Powell. Shircola graduated with a B.A. in criminal justice before pursuing her J.D. She began her legal career in the banking industry, focusing on financial crime investigations including money laundering, terrorist financing, fraud, bribery and more. Shircola now joins our Automotive Accident Defense practice as part of the auto-accident fraud team. View Shircola’s biography. 

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Taylor Day Welcomes New Associate Ryan S. Treulieb

Taylor Day Welcomes New Associate Ryan S. Treulieb

Originally from East Meadow, Ryan earned his Bachelor of Arts Degree in Legal Studies at John Jay College of Criminal Justice in New York, New York before obtained his Juris Doctor from Florida Coastal School of Law in 2015. Previously at Fidelity Investments, he obtained the Series 7, 63 and 66 licenses, and gained a strong knowledge base for financial products and the financial market. During his free time, Ryan plays guitar for his local church. He joins us as the newest member of our Florida Workers’ Compensation Defense team. Learn more about Ryan by viewing his biography.  

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