Boyes, Farina & Matwiczyk

561.694.7979

Notables

Compliance with Settlement and Jurisdictional Considerations

The Third District Court of Appeal’s February 12, 2020 opinion in Metalonis v. Eastgroup Properties, Inc. provides jurisdictional considerations with respect to settlement of a lawsuit.

In Metalonis…, appeal was taken from the trial court’s order which granted Eastgroup Properties Inc.’s emergency motion to compel compliance with the settlement agreement entered into concerning a piece of real property. 

Read More

Court Proceedings in Florida During the Coronavirus Pandemic

…Just this week, Florida Supreme Court Chief Justice Charles Canady issued an order (AOSC20-23, Amendment 1), which suspended jury trials through July 2, 2020, and directed the courts of this state to hold hearings and other proceedings by way of video conference or telephone.  These efforts are an extension of his previous suspension of jury trials, jury selection and grand jury proceedings through May 29, 2020, in an effort to try to prevent the spread of the Coronavirus at courthouses.

Read More

COVID-19 Response

As the COVID-19 Coronavirus continues its global impact, Boyes, Farina and Matwiczyk is committed to protecting the health and safety of our attorneys and staff, as well as the continuity of business.

We are here to serve and support you during this time of uncertainty.

Our Palm Beach Gardens office remains open and available to clients between 9 AM – 5 PM EST, though some attorneys and staff may be working from off-site locations in order to minimize personal contacts as recommended by government officials and health care experts….

Read More

Bill Boyes named to Florida Super Lawyers for 15th Consecutive Year

…Partner William (“Bill”) E. Boyes has been named to the 2020 Florida Super Lawyers in the area of Estate Planning and Probate. Bill Boyes has been Board Certified by the Florida Bar in Wills, Trusts and Estates for more than 30 years, and has been AV rated by Martindale-Hubbell for over 35 years.

Read More

New retirement legislation comes at a cost to inherited IRA beneficiaries: The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019

…New retirement legislation was signed into effect just before Christmas, on December 20, 2019.  Non-spousal beneficiaries of inherited IRAs are now required to withdraw all of their money within 10 years.  Previously, non-spousal beneficiaries could opt to take only required minimum distributions over their life expectancy, potentially allowing the funds to grow tax-free for years. 

Read More

Judy Daily Named Florida Certified Paralegal – Paralegal Association of Florida

…Boyes, Farina & Matwiczyk, P.A. today announced Judy Daily has passed the Florida Certified Paralegal (FCP) exam offered by The Paralegal Association of Florida (PAF). The FCP designation complements the prerequisite national paralegal certification Daily earned from The National Association of Legal Assistants (NALA) in February.

“I have nearly three decades of experience in the legal field, but there is always more to learn,” Daily said.

Read More

As Near as May Be: The Cy Pres Doctrine

The Third District Court of Appeal’s August 21, 2019 opinion in Reno v. Hurchalla, applied the cy pres doctrine from SPCA Wildlife Care Center v. Abraham…, 75 So. 3d 1271 (Fla. 4th DCA 2011), reminding us again that a decedent’s intentions under this doctrine can be substituted by another plan which is believed to be as close to the original plan as possible if the original plan becomes impossible or impracticable of fulfillment.

Read More

Alexander v. Harris — So. 3d — (Fla. 2d DCA May 17, 2019)

This interesting Second District Court of Appeal opinion kept with the public policy of having a legal obligation to support a child, supporting the Florida Supreme Court’s longstanding decision of Bacardi v. White, 463 So. 2d 218 (Fla. 1985).

In Alexander…, the father was the sole beneficiary of a special needs trust, established with funds from the settlement of a product liability action brought on the father’s behalf after he was catastrophically injured in a car accident as a minor.

Read More

Wallace v. Comprehensive Personal Care Services, Inc. — So.3d — 2019 WL 260741744 (Fla. 3d DCA, June 26, 2019)

…This was a somewhat lengthy opinion from the Third District Court of Appeal, including the dissenting opinion.  The trial court’s decision to, among other things, enjoin a party in a guardianship matter to attach (or even reference) the medical records of the alleged incapacitated person and also enjoin the parties (other than the alleged incapacitated person) from having ex parte communications with the court-appointed examining committee, was subject to review.

Read More

Wilson v. Wilson – 4th DCA, August 14, 2019

This recent Fourth District Court of Appeal opinion reminds us of the fundamental concepts of contract law as they relate to a decedent’s estate.

In Wilson…, Marilyn Wilson and her late spouse, Paul Wilson, were married in 2011.  Prior to their marriage, they entered into a prenuptial agreement, wherein the couple waived their right to an elective share. 

Read More

wills-trusts-estates
business-litigation
actec
legal-specialty-certification
super-lawyers
distinguished
asla-logo