EPA defense
Can anyone refer me to a construction lawyer in Tampa who could
represent a contractor there who is being audited by the EPA regarding
lead abatement? The EPA is apparently auditing him in his tampa
offices tuesday so local counsel in Tampa will be necessary.
Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner PA
Supreme Ct Certified Circuit Civil Mediator
www.fbswlaw.com
352-373-5922
You might be happier with an Environmental lawyer. I (my firm) has a great environmental group in Tampa. It is led by David Weinstein. His email address is weinsteind@gtlaw.commailto:weinsteind@gtlaw.com
Best,
Robert
Robert S. Fine, Esq., AIA
Shareholder
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law
Greenberg Traurig, P.A. | 333 Avenue of the Americas| Miami, FL 33131
Tel 305.579.0826 | Fax 305.961.5826
finer@gtlaw.commailto:finer@gtlaw.com | www.gtlaw.comhttp://www.gtlaw.com/
[Greenberg Traurig]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Mark Fisher
Sent: Friday, August 17, 2012 2:35 PM
To: construction committee
Subject: [CLC-Discussion] EPA defense
Can anyone refer me to a construction lawyer in Tampa who could represent a contractor there who is being audited by the EPA regarding lead abatement? The EPA is apparently auditing him in his tampa offices tuesday so local counsel in Tampa will be necessary.
Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner PA
Supreme Ct Certified Circuit Civil Mediator
www.fbswlaw.comhttp://www.fbswlaw.com
352-373-5922
If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster@gtlaw.com, and do not use or disseminate such information. Pursuant to IRS Circular 230, any tax advice in this email may not be used to avoid tax penalties or to promote, market or recommend any matter herein.
Is anyone aware of case law or statute that prohibits garnishment of
funds held by county entities (ie funds owed to a Contractor by a county
entity)?
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant
and Real Estate Foreclosures
This transmission is intended to be delivered only to the named
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Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Mark
Fisher
Sent: Friday, August 17, 2012 2:35 PM
To: construction committee
Subject: [CLC-Discussion] EPA defense
Can anyone refer me to a construction lawyer in Tampa who could
represent a contractor there who is being audited by the EPA regarding
lead abatement? The EPA is apparently auditing him in his tampa offices
tuesday so local counsel in Tampa will be necessary.
Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner PA
Supreme Ct Certified Circuit Civil Mediator
352-373-5922
Public bodies in Florida are protected from writs of garnishment by doctrine of sovereign immunity. G & J Investments Corp. v. Fla. Dep't of Health and Rehab. Services, 429 So. 2d 391 (Fla. 3rd DCA 1983).
Michael R. Gibbons (Biohttp://lowndes-law.com/our-people/michael-r-gibbons)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/
[cid:image001.jpg@01CD7C97.B8DDC520]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Tracye
Sent: Friday, August 17, 2012 3:42 PM
To: construction committee
Subject: [CLC-Discussion] Garnishment of county entities
Is anyone aware of case law or statute that prohibits garnishment of funds held by county entities (ie funds owed to a Contractor by a county entity)?
[Logo]
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Tracye@solovelawfirm.com
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.comhttp://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures
This transmission is intended to be delivered only to the named addressee(s) and may contain information which is confidential, proprietary, attorney work-product or attorney-client privileged. If this notification is received by anyone other than the intended recipient(s), the recipient(s) should immediately notify the undersigned by E-MAIL and by telephone and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the intended recipient(s) except with the express written consent of the sender. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org]mailto:[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Mark Fisher
Sent: Friday, August 17, 2012 2:35 PM
To: construction committee
Subject: [CLC-Discussion] EPA defense
Can anyone refer me to a construction lawyer in Tampa who could represent a contractor there who is being audited by the EPA regarding lead abatement? The EPA is apparently auditing him in his tampa offices tuesday so local counsel in Tampa will be necessary.
Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner PA
Supreme Ct Certified Circuit Civil Mediator
www.fbswlaw.comhttp://www.fbswlaw.com
352-373-5922
This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
My experience is that even the Bureau of Unclaimed Funds makes such a claim
with regard to the funds it holds, despite admitting that such funds are not
the State's.
Scott Golden
E. SCOTT GOLDEN, ESQUIRE
GOLDEN & LaNEVE
644 Southeast Fourth Avenue
Fort Lauderdale, Florida 33301
Tel: 954-764-6766
Fax: 954-764-6789
Email: esglaw@bellsouth.net
This document may contain privileged and/or confidential information. If
you are not the addressee, please immediately telephone the sender at (954)
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons,
Michael
Sent: Friday, August 17, 2012 4:45 PM
To: 'Tracye'; construction committee
Subject: Re: [CLC-Discussion] Garnishment of county entities
Public bodies in Florida are protected from writs of garnishment by
doctrine of sovereign immunity. G & J Investments Corp. v. Fla. Dep't of
Health and Rehab. Services, 429 So. 2d 391 (Fla. 3rd DCA 1983).
Michael R. Gibbons ( http://lowndes-law.com/our-people/michael-r-gibbons
Bio)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: mailto:michael.gibbons@lowndes-law.com
michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com/ http://www.lowndes-law.com
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Tracye
Sent: Friday, August 17, 2012 3:42 PM
To: construction committee
Subject: [CLC-Discussion] Garnishment of county entities
Is anyone aware of case law or statute that prohibits garnishment of funds
held by county entities (ie funds owed to a Contractor by a county entity)?
Logo
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial Collections
and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate
Foreclosures
This transmission is intended to be delivered only to the named addressee(s)
and may contain information which is confidential, proprietary, attorney
work-product or attorney-client privileged. If this notification is received
by anyone other than the intended recipient(s), the recipient(s) should
immediately notify the undersigned by E-MAIL and by telephone and obtain
instructions as to the disposal of the transmitted material. In no event
shall this material be read, used, copied, reproduced, stored or retained by
anyone other than the intended recipient(s) except with the express written
consent of the sender. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Mark
Fisher
Sent: Friday, August 17, 2012 2:35 PM
To: construction committee
Subject: [CLC-Discussion] EPA defense
Can anyone refer me to a construction lawyer in Tampa who could represent a
contractor there who is being audited by the EPA regarding lead abatement?
The EPA is apparently auditing him in his tampa offices tuesday so local
counsel in Tampa will be necessary.
Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner PA
Supreme Ct Certified Circuit Civil Mediator
352-373-5922
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Tracye,
The remedy is a writ of mandamus.
A municipality can be required by writ of mandamus to pay a valid judgment entered for breach of contract with a private entity (notwithstanding an ordinance or statute which requires a specific legislative appropriation to pay a judgment entered against the state or its agencies). See, Florida Dept. of Environmental Protection v. Contractpoint Florida Parks, LLC, 986 So. 2d 1260 (Fla. 2008); see also, 35 Fla. Jur 2d Mandamus and Prohibition § 75 (where a claim against a public entity has been reduced to judgment but funds are insufficient to pay it, mandamus - an order issued by the Court to each City Commissioner -- will be issued to require levy of a tax sufficient to raise the monies needed to fund payment).
Dick
Richard A. Burt, Esq.
BURT & BURT
220 So. Ridgewood Avenue
Suite 200
Daytona Beach, Florida 32114
(386) 252-2090 (office)
(866) 240-7043 (facsimile)
dick@burt-burt.commailto:dick@burt-burt.com
www.burt-burt.comhttp://www.burt-burt.com/
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Tracye
Sent: Friday, August 17, 2012 3:42 PM
To: construction committee
Subject: [CLC-Discussion] Garnishment of county entities
Is anyone aware of case law or statute that prohibits garnishment of funds held by county entities (ie funds owed to a Contractor by a county entity)?
[Logo]
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Tracye@solovelawfirm.com
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.comhttp://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures
This transmission is intended to be delivered only to the named addressee(s) and may contain information which is confidential, proprietary, attorney work-product or attorney-client privileged. If this notification is received by anyone other than the intended recipient(s), the recipient(s) should immediately notify the undersigned by E-MAIL and by telephone and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the intended recipient(s) except with the express written consent of the sender. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Mark Fisher
Sent: Friday, August 17, 2012 2:35 PM
To: construction committee
Subject: [CLC-Discussion] EPA defense
Can anyone refer me to a construction lawyer in Tampa who could represent a contractor there who is being audited by the EPA regarding lead abatement? The EPA is apparently auditing him in his tampa offices tuesday so local counsel in Tampa will be necessary.
Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner PA
Supreme Ct Certified Circuit Civil Mediator
www.fbswlaw.comhttp://www.fbswlaw.com
352-373-5922
