16May 2023

Do you love Tacos?

Do you really love Taco Tuesday?  

My lovely wife, is sick of Tacos, and hates Taco Tuesday despite the fact that that it makes picking out what’s for dinner on Tuesday night really easy in our house.  Our little Tuesday night skirmish is nothing compared to the story I’m about to tell of the origin and current legal war over, “Taco Tuesday”.

Slap on your sombrero and grab a glass of Pepto-Bismol, because the Great “Taco Tuesday War” has officially begun. Not so ironically on  TUESDAY, May 16, 2023, Taco Bell turned a simmering battle over the right to use “Taco Tuesday” into an all-out war when they filed a spicy lawsuit against Taco John’s. Their goal? To liberate the beloved phrase from the clutches of trademark protections that Taco John’s has owned and enjoyed for over three decades. What once seemed like a petty legal skirmish over marketing rights has now escalated into a full-blown legal war for the marketing rights to use the phrase, Taco Tuesday and, perhaps more crucially, the honor of being legally responsible for our collective gastric distress on Wednesday mornings.  It’s as if the Fast Food Hunger Games have come to real life, except this time, instead of wielding weapons, they’re armed with Tacos and legal briefs. Let the battle for Taco Tuesday supremacy commence, and may fortune favor the most seasoned contender.

The phrase was originally coined by the owner of a Taco John’s franchise in the early 1980’s.   He noticed that his worst day of sales was Tuesdays, so he started a promotion that he called, “Taco Twosday” where you got two (2) tacos for 99 cents.   This was before our current fight with inflation.   As the promotion gained momentum, its catchy phrase naturally evolved into the now-familiar “Taco Tuesday.” This irresistible combination of words rolled off the tongue as smoothly as a perfectly crafted taco, captivating the hearts and appetites of taco lovers far and wide. Recognizing the potential of this cultural phenomenon, Taco John’s sought to secure their claim on the phrase. In 1989, they successfully applied for and received a trademark for “Taco Tuesday,” staking their rightful ownership over the term that had become synonymous with midweek culinary indulgence.

However, Taco Bell had a different idea in mind. Fueled by a burning desire to provide Taco Tuesdays for all, they set their sights on challenging Taco John’s trademark empire. Their argument rested on the belief that “Taco Tuesday” had transcended the realm of branding and become a generic term embraced by taco enthusiasts and food establishments across the nation. With their fiery hot sauces and creative marketing campaigns, Taco Bell launched their legal offensive, determined to liberate the beloved phrase from the clutches of a single corporate entity.

And so, the stage was set for an epic showdown between these fast-food giants. Legal teams armed with guacamole-stained legal briefs and cheesy arguments will clash in the courtroom, battling it out over the fate of Taco Tuesday.  As the case unfolds, the world watches with bated breath, eagerly awaiting the court’s decision. Will Taco Bell succeed in their audacious quest to free Taco Tuesday from the grips of trademark protection? Or will Taco John’s defend their claim, protecting their legacy as the originators of this delicious weekly tradition?

 

The Taco Tuesday War is not just a battle of legal jargon and corporate rivalry; it is a reflection of our deep-rooted love for tacos and the unique culture they embody. It reminds us that even in the realm of fast food, traditions and phrases can hold immense value. So, as we munch on our Tacos and sip our salsa let us brace ourselves for the twists and turns of this spicy legal war.  Dare I say, their fighting a war over the, “Whole Enchilada”.    May the best Taco Conqueror prevail and may Taco Tuesday forever rein supreme as the tastiest day of the week.

04May 2023

Dear Ed Sheeran,

We are pleased to extend our heartfelt congratulations to you on your recent victory in the copyright infringement case brought by the family of Ed Townsend, the co-writer of Marvin Gaye’s hit song “Let’s Get It On.”

We understand that this case has been a difficult experience for all parties involved, and we would like to take this opportunity to express our utmost respect for the work of Ed Townsend and Marvin Gaye. Their contributions to the music industry have been invaluable, and their legacy will continue to inspire future generations of artists.

At the same time, we believe that music must be allowed to always evolve and grow. As an artists, it is vitally important that your always able to draw inspiration from the work of those who came before you, while also bringing your own unique perspectives and ideas to the table.  The old proverb is that, we’re all standing on the shoulders of giants that came before us.

We are confident that the court’s decision in your favor will help to protect the rights of artists to create new works that are inspired by those that came before, while also respecting the intellectual property of others.

Once again, congratulations on your victory, and we look forward to hearing your continued contributions to the music industry.

 

Sincerely,

Law Office of David Levine

05Apr 2023

Below is a link to download both the Indictment and Indictment Summary of Fact that were filed against former President Donald Trump, which was unsealed on April 4, 2023.    The Indictment was filled by and is being prosecuted by New York District Attorney, Alvin L. Bragg, Jr.

An indictment is a formal accusation of a crime, typically issued by a grand jury based on evidence presented by prosecutors.  It serves as a means of initiating criminal proceedings against a defendant and requires that the accused person stands trial and be proven guilty beyond a reasonable doubt.  In the United States, the standard is that a defendant is considered innocent until proven guilty.

Nothing in this post is intended to take a political position, the information is being provided for informational purposes only, so that the public can educate itself regarding what’s been alleged by New York District Attorney, Alvin L. Bragg, Jr., to justify bringing criminal charges against former president Donald Trump.

Trump Indictment Summary – State of New York 4-4-2023

Trump Indictment – State of New York 4-4-2023

04Apr 2023

 

Florida Corporations, Limited Liability Companies, Limited Partnerships, and Limited Liability Limited Partnerships need to file their annual report by 11:59 PM EST on Monday, May 1, 2023 or they’ll be assessed a $400 late fee.  Additionally, Annual Reports are due by third Friday in September, to avoid being Administratively dissolved.     Here is a link to file: https://dos.myflorida.com/sunbiz/manage-business/efile/annual-report/   The Reinstatement Fee for a Florida for Profit Corporation is $600 + $150 for a grand total of $750.

Below is a List of Common Questions and Answers:

What is an annual report?

  • The form updates or confirms the Florida Department of State, Division of Corporations’ records.
  • It is not a financial statement.
  • An annual report must be filed each year for your business entity to maintain an “active status” with the Department of State.
  • It is required, whether or not you need to make changes.
  • The data displayed on the entity’s annual report is the most current data on file with the Division of Corporations.

I don’t remember my document number. Where do I find it?

What are my payment options to file an annual report?

Online Payment Options:

By Mail or Courier:

  • Check or money order.
    • Make checks payable to the Florida Department of State.
    • Must be payable in U.S. currency drawn from a U.S. bank.
  • Submit payment with the required payment voucher.
    • An automatic prompt will allow you to print the voucher when you select the “Pay by Check” option.
    • Need another copy of your payment voucher?
    • Your payment voucher and check or money order must be postmarked and mailed on or before May 1 to avoid a late fee.

What happens if I pay after May 1st?

  • A $400 late fee will be imposed on all profit corporations, limited liability companies, limited partnerships and limited liability limited partnerships.
  • Non-profit corporations are not subject to the $400 late fee.

What happens if I don’t file the annual report?

  • If you do not file an annual report by the third Friday of September, your business entity will be administratively dissolved or revoked in our records at the close of business on the fourth Friday of September.  (Chapters 607617 and 620, F.S.)
  • Administratively dissolved or revoked entities may be reinstated, but it requires submitting a reinstatement application and paying all associated fees (the reinstatement fee + annual report fees due) at the time of submission.
  • For the 2023 calendar year, the last day to pay by check is September 15th.  You may pay by credit card through 5:00pm EST, September 22, 2023.

If my business has closed, do I still need to file the annual report?

No. You do not need to file the annual report if the business has closed.

How long does it take for my annual report to post on SunBiz?

  • Filed online with a credit card: Reports are processed and posted immediately.
  • If paying by check or money order: Your document will be processed in the order it was received.

Can I make changes when I file my annual report?

Yes, the annual report allows you to:

  • Add, delete, or change the names and/or addresses of the officers, directors, managers, authorized members; and make changes to addresses only for any general partners.
  • Change the registered agent and registered office address.
  • Change the principal office address and mailing address for the business entity.
  • Add or change the federal employer identification number.

NOTE: The annual report does not permit you to change the name of your business. To change the name, download and complete the appropriate amendment form. Mail the completed form with payment to the Division of Corporations.

How do I make changes if I have already filed this year’s annual report?

  • If the entity is a corporation or LLC, you may file an amended annual report.
    • Profit or Non-Profit Corporation: $61.25
    • Limited Liability Company: $50.00
  • If the entity is a limited partnership or limited liability limited partnership, download and complete an amendment form. Mail the form and fee to the Division of Corporations.

How do you sign the online form?

  • Typing your name in the signature block is sufficient pursuant to s.16, F. S.
  • Electronic signatures have the same legal effect as original signatures.
  • Typing someone’s name (signature) without permission constitutes forgery.

Can I get a copy of my filed annual report?

Yes. Once the annual report has been processed and posted, you can download an image of the report free of charge.

28Mar 2023

Code Enforcement hearings can be held to address a very wide diversity of problems and violations of local codes and ordinances, such as building code violations, property maintenance issues, and zoning violations. The outcome of these hearings can result in fines, penalties, or even the possibility of losing ownership of the property.

If you find yourself facing a Code Enforcement Hearing, it is important to seek assistance from a qualified professional who can help you navigate the process and protect your rights. In this blog post, we will discuss the role of an attorney in assisting property owners at Code Enforcement Hearings and how they can help you achieve a favorable outcome.

Understanding the Process

The first step in preparing for a Code Enforcement Hearing is to understand the process.  Code Enforcement Hearings are typically held before an administrative hearing officer often referred to as a Magistrate or possible a Board, who will hear evidence from both the property owner and the code enforcement officer. The hearing officer or board will then make a decision based on the evidence presented and issue a ruling.

Before the hearing, the property owner will receive a notice of the violations and the opportunity to correct the violations or contest the allegations. It is important to respond to the notice promptly and seek legal advice to ensure that your rights are protected.

Assistance from an Attorney

An Attorney who is experienced in handling Code Enforcement Hearings can provide valuable assistance to property owners.  Here are some of the ways that an attorney can help:

  1. Review the Notice: An attorney can review the notice of violations and advise the property owner on the best course of action. This may include correcting the violations or contesting the allegations.
  2. Prepare Evidence: An attorney can gather evidence, such as photographs and witness statements, to support the property owner’s case. This evidence can be presented by you attorney at the hearing to help demonstrate compliance with the applicable codes and ordinances, rebut any efforts that the code compliance officer makes to justify the imposition of fines or other negative rulings.
  3. Represent the Property Owner: An attorney can represent the property owner at the hearing and present evidence on their behalf. This can include cross-examining witnesses and making legal arguments to support the property owner’s case.
  4. Negotiate Settlements: An attorney can negotiate with the code enforcement officer to resolve the violations prior to the hearing. This can often result in a more favorable outcome for the property owner, such as reduced fines or more time to correct the violations.
  5. Appeal the Decision: If the property owner is unhappy with the outcome of the hearing, an attorney can assist with potentially appealing the decision to a higher court or administrative body. It is important if you believe you may need to appeal your case to create a record, this means potentially hiring a court reporter to be at the hearing to create a written transcript of everything that takes place, which can be utilized during any future appeal.

Facing a Code Enforcement Hearing can be a stressful and overwhelming experience for property owners. However, with the assistance of a qualified attorney, property owners can navigate the process and protect their rights. An attorney can provide valuable assistance in reviewing notices, preparing evidence, representing the property owner at the hearing, negotiating settlements, and appealing decisions. If you are facing a Code Enforcement Hearing, it is important to seek legal advice to ensure the best possible outcome.

40 Year Recertification Certificate

In addition to assisting property owners with Code Enforcement Hearings, attorneys can also be of a great deal of assist to commercial building owners in Florida who need assistance with getting an extension of time to complete their 40-Year Recertification Certificate.

The relevant Florida law on the 40-Year Recertification requirement for commercial buildings can be found in Section 553.79, Florida Statutes. This law requires that all buildings in Florida that are 40 years old or older undergo a recertification process to ensure that the building is safe and up to code.

The law requires that the recertification process be conducted by a registered architect or engineer, who will inspect the building’s structural and electrical systems, as well as its fire safety features. The architect or engineer must then certify that the building is in compliance with all applicable building codes and regulations.

If the architect or engineer identifies any deficiencies or non-compliant conditions during the inspection, the building owner must take corrective action to bring the building into compliance. Once all necessary repairs and upgrades are completed, the architect or engineer must issue a final certification stating that the building is in compliance with all applicable codes and regulations.

The law also requires that the recertification process be repeated every 10 years for as long as the building is in use, with the first recertification required at the 40-year mark.

Building owners who fail to obtain a 40-Year Recertification Certificate or who are not in compliance with the code may face fines and penalties, as well as the possibility of having their building condemned.

It is important for building owners to comply with the 40-Year Recertification requirement to ensure the safety of their building and its occupants, and to avoid potential legal and financial consequences.

Since the tragic collapse of the Champlain Towers condominium towers in Surfside, Florida, local governments have become much more diligent in ensuring that buildings are in compliance with the 40-Year Recertification Certificate requirement.

The collapse of the Champlain Towers highlighted the importance of building safety and the need for regular inspections and maintenance of older buildings. In response, local governments throughout Florida have ramped up their efforts to enforce the 40-Year Recertification requirement and ensure that buildings are safe and up to code.

Building departments are now conducting more frequent and rigorous inspections of commercial buildings to ensure compliance with the 40-Year Recertification requirement. Building owners who fail to obtain a 40-Year Recertification Certificate or who are not in compliance with the code may face fines and penalties, as well as the possibility of having their building condemned.

In addition, local governments are also considering changes to building codes and regulations to improve building safety and prevent future tragedies. For example, Miami-Dade County has proposed new building safety rules that would require more frequent inspections and the hiring of a certified engineer to oversee the recertification process.

As a result of these changes, it is more important than ever for building owners to ensure that they are in compliance with the 40-Year Recertification requirement. An attorney can provide valuable assistance in navigating the recertification process and ensuring that the building is safe and up to code.

Under Florida law, commercial buildings that are 40 years old or older must undergo a 40-Year Recertification process to ensure that the building is safe and up to code. The process involves an inspection of the building’s structural and electrical systems, as well as its fire safety features.

If a building owner fails to obtain a 40-Year Recertification Certificate, they may face fines and penalties, as well as the possibility of having the building condemned. However, obtaining a 40-Year Recertification Certificate can be a time-consuming and expensive process, especially for older buildings that may require significant repairs or upgrades.

Fortunately, building owners in Florida can request an extension of time to complete the 40-Year Recertification process. An attorney can assist with this process by filing a request for an extension with the local building department, and negotiating with the department to obtain a reasonable extension.

To qualify for an extension, building owners should be able to demonstrate through documentation that they have made a good faith effort to obtain the necessary inspections and repairs, and that they have a plan in place to complete the process. It would also be useful to provide an estimate for how long it will take to complete the process with the Engineer, then I always tell my clients to ask for some additional time on top of that to allow for normal business delays.  An attorney can help building owners put together a comprehensive plan that addresses any outstanding issues and sets realistic deadlines for completion, which can be utilized to justify an extension of time to comply.

In addition, an attorney can help building owners navigate any legal or regulatory issues that may arise during the 40-Year Recertification process. For example, if the building is subject to a historic preservation designation or other regulatory requirements, an attorney can help ensure that the necessary permits and approvals are obtained.

In conclusion, obtaining a 40-Year Recertification Certificate is an important process for commercial building owners in Florida, but it can be a complex and time-consuming process. An attorney can provide valuable assistance by helping building owners obtain an extension of time, putting together a comprehensive plan, and navigating any legal or regulatory issues that may arise.  If you own a commercial building in Florida and need assistance with the 40-Year Recertification process, or need to seek assistance getting an extension of time to complete the process it is important to seek the advice of a qualified attorney who can help mitigate the potential legal exposure.

In conclusion, the tragic collapse of the Champlain Towers has led to increased scrutiny of building safety and the 40-Year Recertification requirement in Florida. Local governments are now taking a more proactive approach to enforcement and considering changes to building codes and regulations to improve safety. Building owners should be aware of these changes and work with a qualified attorney to ensure compliance with the 40-Year Recertification requirement and ensure the safety of their building and its occupants.

By David Levine, Esq.

03Mar 2023

Foreclosure Defense is the legal process that allows a Homeowner or Property owner to legally challenge a mortgage company/Lender’s efforts to foreclose on their home and property.  The process typically involves hiring an Attorney who specializes in foreclosure defense to represent the homeowner in court.

 

Here are the basic steps involved in foreclosure defense:

 

1.)     Initial Consultation: The initial step in the Foreclosure Defense process is for the homeowner(s), to meet and/or consult with a foreclosure defense attorney.  During the initial consultation, the Attorney will review the loan documents such as the Note and Mortgage that are normally attached as exhibits to the Complaint/Lawsuit.  Additionally, the Attorney will review and discuss the homeowner’s unique financial situation, to determine if they have equity and/or sufficient income to determine what foreclosure alternatives might be available such as reinstatement, payoff, modification, litigation, etc.

2.)     Review of Loan Documents: The Attorney will review the homeowner’s loan documents such as the Note and Mortgage to determine whether there are any legal or procedural issues with the lender’s foreclosure complaint.  This review may also include examining the HUD/Closing Statement, acceleration notice and other loan documents that may exist, such as an Assignment of Mortgage.

3.)     Filing a Response to the Foreclosure Complaint: If the homeowner decides to contest/fight the foreclosure, their attorney will file a response (typically either a Motion to Dismiss or an Answer with Affirmative Defenses and any potential Counter Claims), to the foreclosure Complaint with the court. This response typically raises any legal or procedural defenses that the homeowner has against the foreclosure lawsuit.

4.)     Discovery:  After the response is filed or in conjunction with, the Attorneys for both the mortgage holder and the homeowner may request that the other party to the lawsuit answer questions (“interrogatories”), or provide document (“Request to Produce”) about the loan and/or their finance, the property, and other relevant information. This process is known as “Discovery” and it allows both sides to gather evidence to support their case.

5.)     Negotiations: During the foreclosure defense process, the homeowner’s attorney may engage in negotiation with the lenders attorney in an attempt to reach a Settlement or Modification agreement that will allow the homeowner to keep their home.

6.)     Pre-Trial Motions:  Before the case goes to trial, the homeowner’s attorney may file motions with the court to challenge the lender’s evidence or seek dismissal of the case based on legal or procedural grounds.  For example, the homeowner’s attorney may file a Motion in Limine seeking to prevent the lender’s attorney from being able to present evidence at trial.

7.)      Trial:   If the case goes to trial, first the Plaintiff/lender’s attorney will present their case and argue why the foreclosure case should proceed.  After the Plaintiff presents their case in chief, the homeowner’s attorney will present their case to the court and argue why the foreclosure case should not proceed, based upon the specific facts of that case.

8.)     Appeals:  If either the Plaintiff/lender or the Defendant/homeowner loses at trial, they may be able to appeal the decision to a higher appeals court.