Does this mean we won’t see claims for “negligent failure to pay promissory note”?  Darn.

Bruce D. Partington

Clark Partington

bpartington@cphlaw.com mailto:bpartington@cphlaw.com

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gene Atwood
Sent: Thursday, March 07, 2013 4:20 PM
To: fred.dudley@hklaw.com
Cc: joseph.lane@lowndes-law.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I know. But thanks for all of the corrections.

Sent from my Verizon Wireless 4G LTE DROID

fred.dudley@hklaw.com wrote:

He is a she.

Sent from my iPhone

On Mar 7, 2013, at 4:09 PM, "Gene Atwood" <GAtwood@rtlaw.com<mailto:GAtwood@rtlaw.com mailto:GAtwood@rtlaw.com%3cmailto:GAtwood@rtlaw.com >> wrote:

Joe and others, keep in mind Judge Pariente found it necessary to write a 7-page concurring opinion.  In his concurrence, he went to great lengths to spell out that common-law contract law and independent tort theory were not disturbed by this opinion.  I agree that we will see many more negligence counts filed alongside breach of contract, just not sure that they will stick.  I agree with Sandra, we lost a label, not the underlying principles.

Gene Atwood | Shareholder
<image003.png>
Rogers Towers, P.A. | 1301 Riverplace Blvd., Suite 1500 | Jacksonville, Florida 32207
Direct 904.346.5721 | GAtwood@rtlaw.com<mailto:GAtwood@rtlaw.com mailto:GAtwood@rtlaw.com%3cmailto:GAtwood@rtlaw.com > | www.rtlaw.comhttp://www.RTlaw.com
Florida Bar Board Certified Construction Attorney
From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion-bounces@lists.flabarrpptl.org > [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:34 PM
To: Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org >
Subject: Re: [CLC-Discussion] Death of ELR

I would expect more negligence cases, and different arguments to limit damages to contract theories.  That’s what I meant.  We may not call it the ELR, but we will deal with similar principles and face more claims.

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com<mailto:skennedy@flbbwlaw.com mailto:skennedy@flbbwlaw.com%3cmailto:skennedy@flbbwlaw.com >

From: Lane, Joseph [mailto:joseph.lane@lowndes-law.com]
Sent: Thursday, March 07, 2013 3:28 PM
To: Sandra Kennedy; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org >
Subject: RE: Death of ELR

If Mr. Gibbons reads decision right I doubt what there is left to litigate anymore  -- this decison comes from the Boss.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone:  407-418-6343
Fax:    407-843-4444
email:  joe.lane@lowndes-law.com<mailto:joe.lane@lowndes-law.com mailto:joe.lane@lowndes-law.com%3cmailto:joe.lane@lowndes-law.com >
www.lowndes-law.comhttp://www.lowndes-law.com

From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion-bounces@lists.flabarrpptl.org > [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:04 PM
To: Gibbons, Michael; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org >
Subject: Re: [CLC-Discussion] Death of ELR

I think it opens everything up to increasingly confusing pronouncements and loads more litigation! Wish I could be there!

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com<mailto:skennedy@flbbwlaw.com mailto:skennedy@flbbwlaw.com%3cmailto:skennedy@flbbwlaw.com >

From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion-bounces@lists.flabarrpptl.org > [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, March 07, 2013 2:49 PM
To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org >
Subject: Re: [CLC-Discussion] Death of ELR

The Florida Supreme Court published an opinion today that effectively kills the ELR in Florida and ends decades of increasingly confusing pronouncements and questions about the scope of the myriad exceptions to the ELR.  In response to a certified question from the 11th Circuit, the Supreme Court took the opportunity to expressly  hold that the ELR is limited to products liability cases period.  Tiara Condo Assoc. Inc. v. Marsh & McLennan Comps., Inc., 38 Fla. L. W S151a.  Just in time for the Construction Law Institute.

Michael R. Gibbons  (Biohttp://lowndes-law.com/our-people/michael-r-gibbons http://lowndes-law.com/our-people/michael-r-gibbons%3e ;)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com<mailto:michael.gibbons@lowndes-law.com mailto:michael.gibbons@lowndes-law.com%3cmailto:michael.gibbons@lowndes-law.com >
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/ http://www.lowndes-law.com/%3e ;

    <image004.jpg>

From: Bruce Loren [mailto:bloren@lorenlawfirm.com]
Sent: Wednesday, March 06, 2013 6:37 AM
To: David C. Agee; Michael R. Romm, P.A.; Gibbons, Michael; Larry Leiby; Dan Vega; fred.dudley@hklaw.com<mailto:fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com%3cmailto:fred.dudley@hklaw.com >; blc@kirwinnorris.com<mailto:blc@kirwinnorris.com mailto:blc@kirwinnorris.com%3cmailto:blc@kirwinnorris.com >; bkpa1@aol.com<mailto:bkpa1@aol.com mailto:bkpa1@aol.com%3cmailto:bkpa1@aol.com >; hroberts@carltonfields.com<mailto:hroberts@carltonfields.com mailto:hroberts@carltonfields.com%3cmailto:hroberts@carltonfields.com >; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org >
Subject: RE: Recommendation for ADA expert in the Jacksonville area

Does anyone have the name of an expert in the Jacksonville area that can inspect and opine on ADA violations in a shopping center?

Thanks

Bruce E. Loren, Esq.
Board Certified by The Florida Bar in Construction Law
Certified by the U.S. Green Building Council
as a Leed Accredited Professional
<image005.gif>
LOREN LAW FIRM
2000 Palm Beach Lakes Boulevard, Suite 501 West Palm Beach, Florida 33409
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Fax: (561) 615-5708
www.lorenlawfirm.com
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I am not sure that I read this opinion as being any broad change in the status of the law.  What I do read it to do is to recognize that the ELR, born of products liability cases, may have been an easy catch phrase for courts and lawyers who needed a name for what I will call the "edge of duty."  In those cases applying the ELR to non-product cases, what I think I see, (and it is late and my vision may be blurry), are situations where the duty element of negligence is arising only out of the contractual terms.  You could just as easily replace the language of these opinions that say "ELR" with "the lack of any independent duty."  This is what I read both the opinion and the concurrence to be pointing out.  The lack of a cause of action is the same, it is just the name given to the reasoning of lack of duty that seems clarified here.  I also do not see an expansion of non-privity duty.

Timothy R. Moorhead, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead@wfmblaw.com
www.wfmblaw.com

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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Friday, March 08, 2013 9:36 AM
To: Gene Atwood; fred.dudley@hklaw.com
Cc: clc-discussion@lists.flabarrpptl.org; joseph.lane@lowndes-law.com
Subject: Re: [CLC-Discussion] Death of ELR

Does this mean we won't see claims for "negligent failure to pay promissory note"?  Darn.

Bruce D. Partington
Clark Partington
bpartington@cphlaw.commailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law

NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gene Atwood
Sent: Thursday, March 07, 2013 4:20 PM
To: fred.dudley@hklaw.com
Cc: joseph.lane@lowndes-law.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I know. But thanks for all of the corrections.

Sent from my Verizon Wireless 4G LTE DROID

fred.dudley@hklaw.commailto:fred.dudley@hklaw.com wrote:

He is a she.

Sent from my iPhone

On Mar 7, 2013, at 4:09 PM, "Gene Atwood" <GAtwood@rtlaw.com<mailto:GAtwood@rtlaw.commailto:GAtwood@rtlaw.com%3cmailto:GAtwood@rtlaw.com>> wrote:

Joe and others, keep in mind Judge Pariente found it necessary to write a 7-page concurring opinion.  In his concurrence, he went to great lengths to spell out that common-law contract law and independent tort theory were not disturbed by this opinion.  I agree that we will see many more negligence counts filed alongside breach of contract, just not sure that they will stick.  I agree with Sandra, we lost a label, not the underlying principles.

Gene Atwood | Shareholder
<image003.png>
Rogers Towers, P.A. | 1301 Riverplace Blvd., Suite 1500 | Jacksonville, Florida 32207
Direct 904.346.5721 | GAtwood@rtlaw.com<mailto:GAtwood@rtlaw.commailto:GAtwood@rtlaw.com%3cmailto:GAtwood@rtlaw.com> | www.rtlaw.comhttp://www.rtlaw.comhttp://www.RTlaw.com
Florida Bar Board Certified Construction Attorney
From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:34 PM
To: Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Death of ELR

I would expect more negligence cases, and different arguments to limit damages to contract theories.  That's what I meant.  We may not call it the ELR, but we will deal with similar principles and face more claims.

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com<mailto:skennedy@flbbwlaw.commailto:skennedy@flbbwlaw.com%3cmailto:skennedy@flbbwlaw.com>

From: Lane, Joseph [mailto:joseph.lane@lowndes-law.com]
Sent: Thursday, March 07, 2013 3:28 PM
To: Sandra Kennedy; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org>
Subject: RE: Death of ELR

If Mr. Gibbons reads decision right I doubt what there is left to litigate anymore  -- this decison comes from the Boss.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone:  407-418-6343
Fax:    407-843-4444
email:  joe.lane@lowndes-law.com<mailto:joe.lane@lowndes-law.commailto:joe.lane@lowndes-law.com%3cmailto:joe.lane@lowndes-law.com>
www.lowndes-law.comhttp://www.lowndes-law.comhttp://www.lowndes-law.com

From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:04 PM
To: Gibbons, Michael; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Death of ELR

I think it opens everything up to increasingly confusing pronouncements and loads more litigation! Wish I could be there!

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com<mailto:skennedy@flbbwlaw.commailto:skennedy@flbbwlaw.com%3cmailto:skennedy@flbbwlaw.com>

From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, March 07, 2013 2:49 PM
To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Death of ELR

The Florida Supreme Court published an opinion today that effectively kills the ELR in Florida and ends decades of increasingly confusing pronouncements and questions about the scope of the myriad exceptions to the ELR.  In response to a certified question from the 11th Circuit, the Supreme Court took the opportunity to expressly  hold that the ELR is limited to products liability cases period.  Tiara Condo Assoc. Inc. v. Marsh & McLennan Comps., Inc., 38 Fla. L. W S151a.  Just in time for the Construction Law Institute.

Michael R. Gibbons  (Biohttp://lowndes-law.com/our-people/michael-r-gibbonshttp://lowndes-law.com/our-people/michael-r-gibbons%3e;)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com<mailto:michael.gibbons@lowndes-law.commailto:michael.gibbons@lowndes-law.com%3cmailto:michael.gibbons@lowndes-law.com>
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/http://www.lowndes-law.com/%3e;

    <image004.jpg>

From: Bruce Loren [mailto:bloren@lorenlawfirm.com]
Sent: Wednesday, March 06, 2013 6:37 AM
To: David C. Agee; Michael R. Romm, P.A.; Gibbons, Michael; Larry Leiby; Dan Vega; fred.dudley@hklaw.com<mailto:fred.dudley@hklaw.commailto:fred.dudley@hklaw.com%3cmailto:fred.dudley@hklaw.com>; blc@kirwinnorris.com<mailto:blc@kirwinnorris.commailto:blc@kirwinnorris.com%3cmailto:blc@kirwinnorris.com>; bkpa1@aol.com<mailto:bkpa1@aol.commailto:bkpa1@aol.com%3cmailto:bkpa1@aol.com>; hroberts@carltonfields.com<mailto:hroberts@carltonfields.commailto:hroberts@carltonfields.com%3cmailto:hroberts@carltonfields.com>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.flabarrpptl.org>
Subject: RE: Recommendation for ADA expert in the Jacksonville area

Does anyone have the name of an expert in the Jacksonville area that can inspect and opine on ADA violations in a shopping center?

Thanks

Bruce E. Loren, Esq.
Board Certified by The Florida Bar in Construction Law
Certified by the U.S. Green Building Council
as a Leed Accredited Professional
<image005.gif>
LOREN LAW FIRM
2000 Palm Beach Lakes Boulevard, Suite 501 West Palm Beach, Florida 33409
Phone: (561) 615-5701
Fax: (561) 615-5708
www.lorenlawfirm.comhttp://www.lorenlawfirm.com
The information contained in this e-mail message is attorney client privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of the message is not the intended recipient, or the employer or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above via the U.S. Postal Service. Thank you.
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Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

Notice Under U.S. Treasury Department Circular 230: To the extent that this e-mail communication and the attachment(s) hereto, if any, may contain written advice concerning or relating to a Federal (U.S.) tax issue, United States Treasury Department Regulations (Circular 230) require that we (and we do hereby) advise and disclose to you that, unless we expressly state otherwise in writing, such tax advice is not written or intended to be used, and cannot be used by you (the addressee), or other person(s), for purposes of (1) avoiding penalties imposed under the United States Internal Revenue Code or (2) promoting, marketing or recommending to any other person(s) the (or any of the) transaction(s) or matter(s) addressed, discussed or referenced herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issue(s), transaction(s) or matter(s) addressed, discussed or referenced herein based upon his, her or its particular circumstances. [v4.30]

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Think on the following. The majority opinion discusses at some length the
"contractual privity application of the economic loss rule" when discussing
the court's prior decisions in American Aviation and HTP, Ltd and quoted
those cases as saying in part that the economic loss rule has not eliminated
causes of action based on torts independent of the contract (implying that
the ELR does eliminate tort actions which are inherent in the contract). The
majority then concludes that the ELR has no application at all except in
product liability cases. Justice Pariente's concurring opinion, which is
joined by two of the other three justices in the majority, says the decision
is not a repudiation of prior common law principles that there is no tort
cause of action for breach of contract. However, Justice Quince, the fourth
member of the majority, did not concur and thus that is not the majority
opinion. It seems to me there is now a live question in play, best
enunciated by Mr. Parkington a few days ago; "Does there now exist a cause
of action for negligent breach of contract?" My answers is, after Tiara
Condominium, "Beats me." If there is now such a cause of action, does that
change the measure of damages available for the beach? My answer again is
"Beats me."

Great Institute this past weekend.

Regards,

Lan White

(727) 797-5599

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Timothy
Moorhead
Sent: Friday, March 08, 2013 3:04 PM
To: Bruce Partington; Gene Atwood; fred.dudley@hklaw.com
Cc: clc-discussion@lists.flabarrpptl.org; joseph.lane@lowndes-law.com
Subject: Re: [CLC-Discussion] Death of ELR

I am not sure that I read this opinion as being any broad change in the
status of the law.  What I do read it to do is to recognize that the ELR,
born of products liability cases, may have been an easy catch phrase for
courts and lawyers who needed a name for what I will call the "edge of
duty."  In those cases applying the ELR to non-product cases, what I think I
see, (and it is late and my vision may be blurry), are situations where the
duty element of negligence is arising only out of the contractual terms.
You could just as easily replace the language of these opinions that say
"ELR" with "the lack of any independent duty."  This is what I read both the
opinion and the concurrence to be pointing out.  The lack of a cause of
action is the same, it is just the name given to the reasoning of lack of
duty that seems clarified here.  I also do not see an expansion of
non-privity duty.

Timothy R. Moorhead, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Avenue

Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

Board Certified in Construction Law

tmoorhead@wfmblaw.com

www.wfmblaw.com

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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce
Partington
Sent: Friday, March 08, 2013 9:36 AM
To: Gene Atwood; fred.dudley@hklaw.com
Cc: clc-discussion@lists.flabarrpptl.org; joseph.lane@lowndes-law.com
Subject: Re: [CLC-Discussion] Death of ELR

Does this mean we won't see claims for "negligent failure to pay promissory
note"?  Darn.

Bruce D. Partington

Clark Partington

mailto:bpartington@cphlaw.com bpartington@cphlaw.com

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gene
Atwood
Sent: Thursday, March 07, 2013 4:20 PM
To: fred.dudley@hklaw.com
Cc: joseph.lane@lowndes-law.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I know. But thanks for all of the corrections.

Sent from my Verizon Wireless 4G LTE DROID

fred.dudley@hklaw.com wrote:

He is a she.

Sent from my iPhone

On Mar 7, 2013, at 4:09 PM, "Gene Atwood" <GAtwood@rtlaw.com
mailto:GAtwood@rtlaw.com%3cmailto:GAtwood@rtlaw.com
mailto:GAtwood@rtlaw.com> wrote:

Joe and others, keep in mind Judge Pariente found it necessary to write a
7-page concurring opinion.  In his concurrence, he went to great lengths to
spell out that common-law contract law and independent tort theory were not
disturbed by this opinion.  I agree that we will see many more negligence
counts filed alongside breach of contract, just not sure that they will
stick.  I agree with Sandra, we lost a label, not the underlying principles.

Gene Atwood | Shareholder
<image003.png>
Rogers Towers, P.A. | 1301 Riverplace Blvd., Suite 1500 | Jacksonville,
Florida 32207
Direct 904.346.5721 | GAtwood@rtlaw.com
mailto:GAtwood@rtlaw.com%3cmailto:GAtwood@rtlaw.com
mailto:GAtwood@rtlaw.com | www.rtlaw.comhttp://www.RTlaw.com
Florida Bar Board Certified Construction Attorney
From: clc-discussion-bounces@lists.flabarrpptl.org
<mailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion
-bounces@lists.flabarrpptl.org>
mailto:clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra
Kennedy
Sent: Thursday, March 07, 2013 3:34 PM
To: Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
<mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.f
labarrpptl.org> mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I would expect more negligence cases, and different arguments to limit
damages to contract theories.  That's what I meant.  We may not call it the
ELR, but we will deal with similar principles and face more claims.

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com
mailto:skennedy@flbbwlaw.com%3cmailto:skennedy@flbbwlaw.com
mailto:skennedy@flbbwlaw.com

From: Lane, Joseph [mailto:joseph.lane@lowndes-law.com]
Sent: Thursday, March 07, 2013 3:28 PM
To: Sandra Kennedy; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
<mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.f
labarrpptl.org> mailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Death of ELR

If Mr. Gibbons reads decision right I doubt what there is left to litigate
anymore  -- this decison comes from the Boss.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone:  407-418-6343
Fax:    407-843-4444
email:  joe.lane@lowndes-law.com
mailto:joe.lane@lowndes-law.com%3cmailto:joe.lane@lowndes-law.com
mailto:joe.lane@lowndes-law.com
www.lowndes-law.comhttp://www.lowndes-law.com

From: clc-discussion-bounces@lists.flabarrpptl.org
<mailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion
-bounces@lists.flabarrpptl.org>
mailto:clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra
Kennedy
Sent: Thursday, March 07, 2013 3:04 PM
To: Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
<mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.f
labarrpptl.org> mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I think it opens everything up to increasingly confusing pronouncements and
loads more litigation! Wish I could be there!

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com
mailto:skennedy@flbbwlaw.com%3cmailto:skennedy@flbbwlaw.com
mailto:skennedy@flbbwlaw.com

From: clc-discussion-bounces@lists.flabarrpptl.org
<mailto:clc-discussion-bounces@lists.flabarrpptl.org%3cmailto:clc-discussion
-bounces@lists.flabarrpptl.org>
mailto:clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons,
Michael
Sent: Thursday, March 07, 2013 2:49 PM
To: clc-discussion@lists.flabarrpptl.org
<mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.f
labarrpptl.org> mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

The Florida Supreme Court published an opinion today that effectively
kills the ELR in Florida and ends decades of increasingly confusing
pronouncements and questions about the scope of the myriad exceptions to the
ELR.  In response to a certified question from the 11th Circuit, the Supreme
Court took the opportunity to expressly  hold that the ELR is limited to
products liability cases period.  Tiara Condo Assoc. Inc. v. Marsh &
McLennan Comps., Inc., 38 Fla. L. W S151a.  Just in time for the
Construction Law Institute.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons
http://lowndes-law.com/our-people/michael-r-gibbons%3e >;)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
<mailto:michael.gibbons@lowndes-law.com%3cmailto:michael.gibbons@lowndes-law
.com> mailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com<http://www.lowndes-law.com/
http://www.lowndes-law.com/%3e >;

    <image004.jpg>

From: Bruce Loren [mailto:bloren@lorenlawfirm.com]
Sent: Wednesday, March 06, 2013 6:37 AM
To: David C. Agee; Michael R. Romm, P.A.; Gibbons, Michael; Larry Leiby; Dan
Vega; fred.dudley@hklaw.com
mailto:fred.dudley@hklaw.com%3cmailto:fred.dudley@hklaw.com
mailto:fred.dudley@hklaw.com; blc@kirwinnorris.com
mailto:blc@kirwinnorris.com%3cmailto:blc@kirwinnorris.com
mailto:blc@kirwinnorris.com; bkpa1@aol.com
mailto:bkpa1@aol.com%3cmailto:bkpa1@aol.com mailto:bkpa1@aol.com;
hroberts@carltonfields.com
mailto:hroberts@carltonfields.com%3cmailto:hroberts@carltonfields.com
mailto:hroberts@carltonfields.com; clc-discussion@lists.flabarrpptl.org
<mailto:clc-discussion@lists.flabarrpptl.org%3cmailto:clc-discussion@lists.f
labarrpptl.org> mailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Recommendation for ADA expert in the Jacksonville area

Does anyone have the name of an expert in the Jacksonville area that can
inspect and opine on ADA violations in a shopping center?

Thanks

Bruce E. Loren, Esq.
Board Certified by The Florida Bar in Construction Law
Certified by the U.S. Green Building Council
as a Leed Accredited Professional
<image005.gif>
LOREN LAW FIRM
2000 Palm Beach Lakes Boulevard, Suite 501 West Palm Beach, Florida 33409
Phone: (561) 615-5701
Fax: (561) 615-5708
www.lorenlawfirm.com
The information contained in this e-mail message is attorney client
privileged and confidential information, intended only for the use of the
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the intended recipient, you are hereby notified that any dissemination or
copying of this communication is strictly prohibited. If you have received
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Thank you.
-Please consider the environment before printing this e-mail

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Notice Under U.S. Treasury Department Circular 230: To the extent that this
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of (1) avoiding penalties imposed under the United States Internal Revenue
Code or (2) promoting, marketing or recommending to any other person(s) the
(or any of the) transaction(s) or matter(s) addressed, discussed or
referenced herein. Each taxpayer should seek advice from an independent tax
advisor with respect to any Federal tax issue(s), transaction(s) or
matter(s) addressed, discussed or referenced herein based upon his, her or
its particular circumstances. [v4.30]

Notice of Confidentiality: This e-mail communication and the attachment(s)
hereto, if any, are intended solely for the information and use of the
addressee(s) identified above and may contain information which is legally
privileged from disclosure and/or otherwise confidential. If a recipient of
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Notice Under U.S. Treasury Department Circular 230: To the extent that this
e-mail communication and the attachment(s) hereto, if any, may contain
written advice concerning or relating to a Federal (U.S.) tax issue, United
States Treasury Department Regulations (Circular 230) require that we (and
we do hereby) advise and disclose to you that, unless we expressly state
otherwise in writing, such tax advice is not written or intended to be used,
and cannot be used by you (the addressee), or other person(s), for purposes
of (1) avoiding penalties imposed under the United States Internal Revenue
Code or (2) promoting, marketing or recommending to any other person(s) the
(or any of the) transaction(s) or matter(s) addressed, discussed or
referenced herein. Each taxpayer should seek advice from an independent tax
advisor with respect to any Federal tax issue(s), transaction(s) or
matter(s) addressed, discussed or referenced herein based upon his, her or
its particular circumstances. [v4.30]

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I need a recommendation for a low or reasonably priced employment lawyer in
the Orlando area.  Please reply to sender only.  Thank you!

Glenn Todd Williams, Esq., B.C.S.
Lawyer - Board Certified Specialist

Williams Law Firm
4436 Old Winter Garden Rd, Suite 100
Orlando, Florida 32811
Telephone: 407-926-4100
Facsimile: 407-926-4105

mailto:gtwlaw@ymail.com glenn@WCLfirm.com

www.WilliamsConstructionLaw.com

Description: Description: H:\HTML Signature Block\Construction Law.gif

This email message including attachments, if any, is intended for the use of
the individual or entity named above and may contain attorney-client
confidential and/or privileged information.  If the reader of this message
is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited.  If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

René Ruiz ist he best I know.

His contact information is set forth below.

Rene Ruiz

Stearns Weaver Et Al

150 W Flagler St # 2200

Miami, Florida 33130-1536

Phone: 305-789-3200; 3202 is direct for Rene Ruiz

Fax: 305-789-3395

E-Mail: rruiz@stearnsweaver.com

----- Original Message -----
From: Glenn T. Williams
To: clc-discussion@lists.flabarrpptl.org
Sent: Wednesday, March 13, 2013 10:34 AM
Subject: Re: [CLC-Discussion] Employment Lawyer referral needed

I need a recommendation for a low or reasonably priced employment lawyer in the Orlando area.  Please reply to sender only.  Thank you!

    Glenn Todd Williams, Esq., B.C.S.
     Lawyer - Board Certified Specialist                                                
   
   
    Williams Law Firm 
    4436 Old Winter Garden Rd, Suite 100     
    Orlando, Florida 32811
    Telephone: 407-926-4100
    Facsimile: 407-926-4105

     

    glenn@WCLfirm.com

    www.WilliamsConstructionLaw.com
   
   
   
     

    This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.

    Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

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