The Briefing

Congratulations to Reed Grimm, Chris Mueller and Rhonda Boggess, who were selected for inclusion to the 2018 Florida Super Lawyers list.  Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.   Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. For more information about Super Lawyers, visit SuperLawyers.com.

Yesterday the Florida Supreme Court heard arguments on whether a judge should be recused for being Facebook friends with an attorney appearing in front of her. A Miami law firm sought to disqualify Circuit Judge Beatrice Butchko on grounds that she was Facebook friends with an attorney representing the opposition. Judge Butchko refused to recuse herself and the matter was appealed to the Third District Court of Appeal. The Third DCA likewise refused to recuse Judge Butchko, finding a “friend” on a social networking website is not necessarily a friend in the traditional sense of the word. The Florida Supreme Court took on the issue given the important overarching theme – the possibility of the appearance of impropriety between the court and a party appearing before it. Justice Canady appeared to agree with the Third DCA when indicating, “Facebook friends frequently are friends of a friend of a friend of a friend of a friend,” before stating just participating in a network such as Facebook should not de facto lead to disqualification. But Justice Pariente warned participating in Facebook can be a danger leading to disqualification and the wiser course is not to have “lawyers as friends.” While certainly avoiding the appearance of impropriety is critical to a fair justice system, that must be balanced with benefit of networking between attorneys and judges. Judges and attorneys in Jacksonville frequently network at Jacksonville Bar Association and other civic events, such as Rotary Clubs. The Jacksonville Women Lawyers Association held an event […]

The 2nd DCA recently ruled in favor of State Farm Mutual Automobile Insurance Company in a long-awaited decision!  In State Farm Mutual Automobile Insurance Company v. MRI Associates of Tampa, Inc., d/b/a Park Place MRI, No. 2D16-4036 (Fla. 2nd DCA May 18, 2018), there was a dispute regarding how much should be paid for MRIs performed on State Farm insureds after motor vehicle accidents.  The case stems from 19 MRI claims resulting from motor vehicle accidents in 2013 where the insured had Personal Injury Protection (“PIP”) coverage with State Farm.  State Farm paid the submitted bills pursuant to its policy language, which allows State Farm to limit the payments to the schedule of charges.  Despite the clear language of the policy, the MRI provider challenged the reduced charges, arguing that State Farm’s policy did not properly notify the insureds of its election to pay bills via the schedule of maximum charges. According to the opinion, “[t]he circuit court ruled that State Farm’s personal injury protection (PIP) policy failed to clearly and unambiguously elect to limit reimbursement payments to the schedule of maximum charges” described in the No-Fault statute.  The 2nd DCA reversed that holding, and found that the express language of State Farm’s PIP policy clearly and unambiguously elected to limit reimbursement payments for medical expenses to the schedule of maximum charges pursuant to the No-Fault statute. Although we are pleased the 2nd DCA took the correct position regarding State Farm’s policy language and an insurer’s right to limit reimbursement […]

Never one to shy away from a good argument, joining her high school debate team was an easy choice. She went on to obtain a B.A. in English Literature from Florida State University, but there was never a doubt. “I loved debating and knew I wanted to be an attorney. I never considered anything else.” While in law school, Jackie served as the Editor-in-Chief for the Florida State Business Review and was also the founding president of the Business Law Society. After graduation, she became involved with several professional affiliations, including the Jacksonville Bar Association Young Lawyers Section. There she reconnected with (and later married) fellow law student, Brett Mereness. Sharing her creative passion and sense of adventure, Jackie and Brett recently returned from a once-in-a-lifetime trip to Iceland, where they travelled the infamous Ring Road, an 800-mile route that encircles the country. “It was a truly unforgettable, once-in-a-lifetime experience. Cell phone service was non-existent in many areas so you were forced to unplug. Some of the towns we stopped in had less than 200 residents and it really gave you an opportunity to immerse yourself in the local culture.” Jackie transfers her enthusiasm in learning about local culture to her clients, developing unique perspectives on each client’s situation and how best to advocate for them. Since joining the firm, Jackie has become an intricate part of Taylor Day’s Personal Injury Protection litigation team and utilizes her love of debate when conducting hearings, mediations and depositions, which she states is […]

On Thursday, May 4th, 3rd grade Seabreeze Elementary students participated in the Jacksonville – Top to Bottom tour.   Lead by “Andrew Jackson” (fun fact: Jacksonville was named after him), students learned about the history of the River City while exploring a secret underground tunnel under Hogan and Forsyth street.  The students then had an opportunity to explore the “top” of Jacksonville as Taylor Day welcomed the students to tour the firm.  Among other fun history facts, students also learned that Aristotle, Plato, Sir Isaac Newton and Shakespeare all have their faces carved into the columns of the old public library building and how Jacksonville was once home to over 26 Hollywood movie companies.  

THIS DAY IN HISTORY: May 3, 2018 marks the 117th anniversary of the Great Fire of 1901.  The glow from the flames could be seen in Savannah, GA.  The fire claimed many buildings including the second Duval County courthouse.  Ironically, the first Duval County Courthouse, constructed in the 1840s, was also burned to the ground during the Civil War.  Because all real estate records were destroyed in the fire, to this day, real estate deeds in Duval County refer either to “the current public records of Duval County, Florida” or, if the records predate the fire, “the former public records of Duval County, Florida.” It is the only county in Florida for which that is the case.   Learn more about the history of Duval County’s courthouses and the Great Fire of 1901.

Taylor Day!  Our team shirts for the 2018 – 5K Corporate Run was selected as “Most Creative” by the judges of 1st Place Sports.  The Montoya & Associates Corporate Run is an annual race benefitting Cross Country and Track Programs for Duval County High Schools and attracts over 4,000 participants.  Thank you to our team for participating and a specials thanks to Wicked Graphix for turning our graphic into t-shirts!

Marsa’s “journey-to-attorney” definitively proves it is never too late to change your life.  Before obtaining her Juris Doctorate, she worked for more than 20 years as a paralegal.  Her love for writing and research, attention to detail and dedicated work ethic prompted strong encouragement from her then-boss and mentor to sit for the LSAT.  “He’s one of the good ones.  He embodied the type of attorney I wanted to be.” Marsa joined the firm immediately following her graduation in 1995 and has been valued member of the team since.  She focuses her practice on Insurance Coverage & Bad Faith, Personal Injury Protection, Professional & Medical Malpractice and Appeals.  She fondly recalls one of her most memorable cases was an appeal she co-counseled with founding member John Taylor, advocating for minors cheated out of insurance benefits by their “guardian.”  The case was decided by the Florida Supreme Court, based on her brief, on an issue previously not ruled upon in Florida law. In her more than 20+ years as an attorney, she continues advocating for her clients and inspiring those around her to find the courage to change their own life path. View her bio to learn more about Marsa or her areas of practice.

With 21 litigators, Taylor Day was recognized as the 6th largest litigation firm in Jacksonville in the 2018 Jacksonville Business Journal Book of Lists.  The Book of Lists is a listing of hundreds of the hottest area companies in their field by ranking.  The firm was also ranked 18th largest with respect to the total number of local attorneys.  Our local community is at the heart of our legal team. Many of our lawyers, support staff, and clients were born and raised in Jacksonville. We remain intricately involved in the affairs of our city and dedicated to the success of our local businesses.  Learn more about our litigation practice and how we can help your business succeed. 

Congratulations to Christopher Mueller, who celebrates his 8 year anniversary with the Taylor Day.  Chris heads the firm’s construction practice and is Board Certified by the Florida Bar Board of Legal Specialization and Education in construction law, a distinction that is unique to less than 400 attorneys in the state.  After several years being named a “Rising Star” by Florida Super Lawyers, he was recognized in 2016, 2017 and 2018 for his outstanding work in the construction litigation field and named “Super Lawyer” by the Super Lawyer publication. To view his full bio or learn more about Taylor Day’s construction practice, visit www.TaylorDayLaw.com.