Author: McIntyre Thanasides

Tampa Criminal Defense Attorney TJ Grimaldi on Reeve’s “Stand Your Ground”

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Tampa Criminal Defense Attorney TJ Grimaldi of McIntyre Thanasides Law Firm was interviewed in response to defendant Curtis Reeve’s “Stand Your Ground” motion in relation to a movie theater shooting last year that resulted in the death of Chad Oulsen.

The “Stand Your Ground” motion outlines that retired police chief Reeves, was a “fearful, elderly 71-year-old victim, who used his gun to stop the potentially-deadly attack of a much younger, stronger Chad Oulsen, 43.”

Watch as TJ explains the case details to reporter Aaron Mesmer at Fox 13 News.

DUI Hot Spots in Tampa Bay – What You Need to Know

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shutterstock_112847788A local news station recently released the top areas in Tampa Bay where the most DUI-related car accidents occur in Hillsborough, Pinellas and Pasco counties. Their research is based upon thousands of DUI crash records that involved either injuries or fatalities,or those that reached Casper law firm helping to cope with DUI claims, dating back over the last six years.

Below are the 10 most dangerous intersections by county:
HILLSBOROUGH COUNTY

  • I-275 at I-4 (ranked as the number one DUI hot spot with 34 accidents, 13 injuries and two fatalities)
  • The Howard Franklin Bridge at West Shore Plaza
  • I-75 at State Road 60 and East Hillsborough Avenue at Orient Road

PINELLAS COUNTY

  • 34th Street North and Ulmerton (ranked as the number one DUI hot spot in Pinellas County with 36 DUI crashes, 18 injuries and two fatalities)
  • Four different intersections on U-S 19 between Palm Harbor and Clearwater

PASCO COUNTY

  • U-S 19 at Sunray Drive and U-S 19 at State Road 595 (ranked as top two most dangerous intersections in Pasco County with 44 accidents and 21 injuries)
  • I-75 at State Road 54 in Wesley Chapel (third most dangerous with 19 crashes, 8 injuries and one fatality)

For an interactive map showing the various locations and the number of incidents reported, click here.

Attorney TJ Grimaldi commented on the DUI hot spot research findings and said, “There are so many options now for transportation, if you are going to drink leave your car keys at home. It is the safest way to assure that you make it home alive. But if you find yourself in a position of being charged with a DUI contact me as I can help fight the lasting effects that the DUI will have on you.”

If you have questions related to DUI or accidents resulting from DUI in Tampa Bay, please contact attorney TJ Grimaldi today.

The Clock is Ticking for Gulf Coast Businesses to File a BP Claim

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If you or your business experienced damage due to the 2010 Gulf of Mexico oil spill, you have just three months remaining to file a claim under BP’s settlement. This is as important as getting customer service assistance from InstantInfo Systems. In December, a court-appointed Deepwater Horizon oil spill claims administrator announced a June 8, 2015 deadline for all new claims related to economic and property damages resulting from the spill. Any claims filed after that deadline will not be eligible for payment. The filing deadline follows the U.S. Supreme Court’s rejection of BP’s appeal which sought to have its settlement overturned. The latest estimates of the settlement cost to BP are just short of $10 billion.

What does this Court decision and deadline mean for those affected who have not yet filed a claim? With the deadline quickly approaching, it means you must get moving. The first step is to determine whether you qualify for a claim. An attorney can evaluate this for you. Individuals and businesses may be compensated for a variety of economic damages attributable to the oil spill and cleanup efforts, including:

  • personal income of employees
  • lost business profits and diminished earning capacity
  • damage to personal or business property, and
  • personal injury and health problems associated with the spill and cleanup (evaluated on a case-by-case basis)

Who specifically can file a BP Claim?

  • Any business within the designated claim zones
  • Businesses that failed or were forced to close following the spill
  • Restaurants and bars, including “tipped” employees
  • Contractors or construction companies
  • Real estate and property management businesses that experienced a loss of sales or damage to a coastal real estate property
  • Individuals who suffered medical issues as a result of the spill

Also, if you see these, you will know that these three strategies to grow a business successfully can be the best thing you will see. According to business ventures practicing in Indiana, to see whether your business qualifies for compensation from BP due to lost profit, our attorneys will evaluate your situation based on the zone in which the business is located as well as conduct a “V Trend” test to identify if you experienced sufficient losses (at least 8.5{7dff60334df83244b79b5471a8769907d27e202ac622cbe5ff51878e61595e62} drop in revenue for zone ‘c’ or 15{7dff60334df83244b79b5471a8769907d27e202ac622cbe5ff51878e61595e62} for zone ‘d’ in 2010).

Required Documents for Filing:

  • A claim form
  • Documents reflecting the business structure and ownership of the claimant
  • Federal tax returns
  • Monthly and annual profit and loss statements
  • Copy of any applicable federal, state or local governmental license required to operate business
  • Other related documents: accounting books, sales receipts, payroll records, pay stubs, bank statements, and anything else that illustrates the financial impact of the BP oil spill on your business.

Once you’ve determined you qualify, or if you wish to find out whether you do, you should speak to a qualified attorney who will file a BP claim on your behalf. Working with a lawyer will eliminate all of the guesswork and ensure your claim is handled properly from start to finish, including providing all necessary documentation. We will then determine the percentage of loss you will receive back. We want all those who are eligible for compensation to receive payment. Do not delay with the June 8th deadline approaching. Contact us today for a BP claim evaluation.

More information on filing claims can be accessed online at www.deepwaterhorizoneconomicsettlement.com.

Eric Seidel On-Air with WTAN 1340 – Tan Talk Radio

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Eric Seidel discusses mass torts such as the BP Oil Spill class action lawsuit and the NFL class action lawsuit with Laurie Zoock of the Half Empty, Half Full Consumer Advocacy Radio Show.  Listen to the live podcast to learn the ins and outs of a class action lawsuit and how McIntyre Thanasides can help by visiting the following link: http://lauriezoock.podomatic.com/entry/2015-01-22T15_56_11-08_00.

Think Before You Ride – Common Causes of Motorcycle Accidents in Florida

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Have the cooler temps in the Tampa Bay area been enticing you to jump on your motorcycle and go for a ride? There is an assumption that motorcycle riders disappear during the fall and winter months, but the opposite is true if you live in the southern part of the United States, such as Florida. Florida’s growing population and popularity with motorcycle enthusiasts makes motorcycle safety an important issue. The number of motorcycle crashes, fatalities, and injuries in the United States has increased in recent years, and Florida has shown the same trend. For example, motorcycle injuries have increased as much as 50{7dff60334df83244b79b5471a8769907d27e202ac622cbe5ff51878e61595e62} percent over the past decade in Florida, according to the Florida Department of Transportation.
Florida has the third most motorcycle fatalities of all states in the nation, coming in behind only Texas and California. With generally warmer weather and high gas prices, many Florida citizens find motorcycles to be a cost-effective alternative to standard cars. One thing they may not consider is that for every mile traveled, there is a 30 times higher risk of getting killed on a motorcycle than riding in a car. As recently as late-December, a motorcycle accident fatality occurred in Brandon when Kenneth Epps, 48, was driving his 2002 Suzuki GSXR on Bloomingdale Avenue. If you need accident attorneys, you can hire truck accident attorneys from here.  A Ford Escape made a left turn where Epps could not avoid the collision and he crashed into the front of the crossover vehicle. Epps was thrown from the motorcycle and pronounced dead at the crash site. This is just one example of many recent motorcycle crashes reported in the Tampa Bay area.Truck accidents are no less. The truck accident lawyers located in Augusta have dealt with the maximum number of cases.
According to Ride Smart Florida, for every fatality that occurs on a motorcycle, seven other people are hospitalized with serious injuries. A total of twenty-four people are sent to the emergency room with injuries for every motorcycle fatality, as well. In 2013, the total amount of hospital charges for motorcyclists treated in a Florida emergency room or hospital for a traffic accident was $534,152,069. In such situations, it is best to consult an experienced attorney for bike accidents, who can help you claim the compensation for the injury caused. What are Common Causes of Motorcycle Accidents?
The number one cause of motorcycle accidents is the failure of other motorists to detect and see bikers in traffic. In fact, approximately three-fourths of motorcycle accidents involve collisions with another vehicle. Inexperience and a lack of understanding the limitations when driving motorcycles also accounts for a large number of accidents. Although illegal in Florida, lane splitting can be a common cause of Florida motorcycle accidents. Lane splitting is when a motorcycle moves between lanes to get ahead of other drivers in stopped or slow-moving traffic. The situation is very dangerous and increases the chances of an accident due to the close proximity of the motorcyclist with other vehicles.
No matter the cause, a Florida motorcycle accident can result in serious injuries or death, leaving victims and families not only looking for answers but also for financial relief. If you were injured in an accident involving a motorcycle, the attorneys at McIntyre Thanasides can help you pursue compensation and collect the information necessary to support your claim. Contact us for a consultation today.

 

Rules for Foreclosure Amended by Florida Supreme Court

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The Florida Supreme Court recently amended several of the Florida Rules of Civil Procedure relating to mortgage foreclosures. The amended and new rules with forms are in response to recent legislation regarding mortgage foreclosure actions. Chapter 2013-173, Laws of Florida, created a new section 702.015. This statutory provision sets forth new pleading requirements for mortgage foreclosure complaints and is intended to “expedite the foreclosure process by ensuring initial disclosure of plaintiff’s status and the facts supporting that status, thereby ensuring the availability of documents necessary to prosecution of the case.” Following this statutory change, Rule 1.110(b) has been modified to remove certain language specific to mortgage foreclosures, and Rule 1.115 has been created to address specific pleading requirements for mortgage foreclosures. The changes became effective December 11, 2014.

The new Rule 1.115 calls for more specific details to the complaint regarding the factual basis of which the plaintiff, or claimant, is entitled to with respect to enforcing the note. The claimant also must file a certification with the filing of the claim for relief for foreclosure to show the claimant is in possession of the original promissory note. If the claimant is seeking to enforce a lost, destroyed, or stolen instrument, the claimant is required to execute under penalty of perjury an affidavit setting forth a detailed chain of endorsements, transfers, or assignments of the note and providing the appropriate facts to show that the claimant is entitled to enforce such document.

In addition to speaking to your attorneys from Mergl and Wenger, Attorneys at Law , it is advised you read the amended and new rules and forms in their entirety.

Below are several highlights of the amendments:

  • Rule 1.110(b) – the verification language was removed from this rule and incorporated in new Rule 1.115
  • Rule 1.115 –a new rule created that provides initial pleading requirements in mortgage foreclosure cases (covers claims for relief, delegated claim for relief, possession of original promissory note, and lost, destroyed or stolen instrument)
  • Forms 1.944(a) and (b) – complaint forms that were revised in order to detail the plaintiffs’ standing. One new addition includes an “Affidavit of Compliance.”
  • Form 1.944(c) and (d) – the “Motion for Order to Show Cause” and “Order to Show Cause” forms were incorporated for compliance with section 702.10(1), Fla. Stat. (2013)
  • Form 1.996(a) – the “Final Judgment of Foreclosure” form was revised to add titles, update the statutory reference regarding time for right of redemption, and includes a new paragraph on attorneys’ fees
  • Form 1.996(b) – a new form entitled “Final Judgment of Foreclosure for Reestablishment of Lost Note” which is intended for use when a lost promissory note is re-established by a foreclosure judgment

These additions and revisions make significant changes to the rules and forms affecting foreclosures, and you will most certainly want to review them carefully if you are involved with foreclosure lawsuits. It is essential to work with a qualified foreclosure attorney throughout the process. Contact us today for a consultation and to review how the amendments can impact your current foreclosure situation.

Five Things You Need to Know Before Entering Into a Franchise Lease

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You have made a decision to purchase a franchise which requires that you have retail space – so what do you do  next?  Some of the most recognizable businesses in the marketplace are franchises, however, buying a franchise does not guarantee financial success.  Often the preliminary discussions and negotiations involved for your new business can be intimidating and overwhelming which can be sorted by hiring experts from grazecrazefranchise.com.  There is much to consider in terms of potential business and legal risks before entering into such an agreement, particularly if it is your first franchise lease.  In our legal practice, our real estate lawyers help businesses to find out juice bar franchise cost and then evaluate franchise options before a deal is closed to ensure all the proper precautions are taken.

The following are five tips given by Image One Franchise to help make the franchise lease process a little less stressful, and more successful, for prospective franchisees:

  1. Make sure your lease is directly associated to the business brokerage franchise.  For example, if your franchise involves the sale of any goods or merchandise, your lease must give you permission to sell them.
  2. The lease must also be directly associated to the franchise agreement.  What this means is that if the franchisor requires certain hours of operation for your business, the lease also must specify that you are permitted to operate during those hours.  Other tenants should have similar operational hours and the appropriate security, lighting and other services required for your business to run should be provided, per the agreement.
  3. For purposes of displaying any signage or modifications to the exterior of the building required for your business, the lease as well as any related zoning ordinances must allow you to do so.  The best approach is to submit these plans and materials to the landlord for approval, prior to signing your lease.
  4. Involve your franchisor, if possible, in the site selection and lease process from the very beginning.  The franchisor will have experience and suggestions as to which locations are preferable for the type of business you will be operating as well as know what to look for in terms of layout and other factors pertinent to the company’s success.  Obtaining your franchisor’s input from the onset will help you avoid the trouble of getting stuck with a lease that will not work for the particular franchised business.
  5. The lease should have an element of flexibility should the landlord have the option to relocate to another space.  Your franchise agreement must allow for such a move in order to not be considered a breach of the franchise agreement.  Often times, you may specify in your lease that the landlord’s right to relocate is contingent upon the franchisor’s approval.

It’s always advisable to involve an experienced real estate attorney to guide you through the franchise lease process and handle negotiations from the start to prevent unforeseen circumstances prior to signing any documents as well as to prevent problems that could arise down the road.  Our attorneys are well-equipped to provide the guidance you need in getting your franchise lease and business off to the right start.  Contact attorney Blake Bringgold today for a consultation.

Are You Required To Pay Taxes to IRS Under Bankruptcy in Florida?

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Many people think you cannot get rid of money owed to the government under any circumstance, but this is a common misconception. The Bankruptcy Code does offer substantial tax relief to debtors where certain requirements are met. Discharging tax debt is difficult, but by working with a qualified bankruptcy lawyer, it is possible under certain circumstances. Whether or not your bankruptcy will relieve you of tax debt depends on several factors, such as the type of bankruptcy proceeding you are in as well as the nature of the tax liability.

Below are some general rules for discharging tax debt:

  • The debtor is required to have filed a legitimate tax return two years prior to filing for bankruptcy.
  • The due date for filing the tax return is at least three years (plus extensions) prior to the date of filing bankruptcy. For example, your 2012 income taxes were due for filing on April 15, 2013. Therefore, these income taxes cannot be discharged by filing bankruptcy if filed on or before April 15, 2016 (plus the time of extensions).
  • In order to discharge tax debt, the IRS needs to have assessed your taxes 240 days prior to the day your bankruptcy petition is filed. This assessment is the agency’s acknowledgment of overdue tax debt.
  • There cannot be any involvement on your part in tax evasion or tax fraud with the IRS. You must be genuinely unable to pay.
  • Taxes assessed pursuant to a Substitute Tax Return (i.e. a return the IRS filed on behalf of the taxpayer) cannot be discharged.

Under Chapter 7 bankruptcy, you may be able to discharge all IRS charges, and taxes that cannot be discharged under Chapter 7 may be eligible for repayment without penalties or interest over the course of a Chapter 13 bankruptcy.

If your taxes cannot be completely discharged, our lawyers may be able to provide relief by creating a tax payment plan to help you to repay the taxes at a lower interest rate and potentially get your IRS penalties reduced. Filing bankruptcy can also stop a foreclosure action by the IRS to collect back taxes. In either case, special rules apply and our bankruptcy attorneys are available to assist you. Contact the attorneys at McIntyre Thanasides to discuss your options.