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The Harry Thomas Hackney, P.A. Florida Law Blawg

Legal issues of interest to the general public.
By Harry Thomas Hackney, Esq.

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Last Entry: November 07, 2015 at 13:37:38

October 1, 2015 Changes to Florida Health Care Surrogate Law

Posted on November 07, 2015
We have a guest post from attorney, Kim O’Neill of Campione & Hackney, P.A. Kim recently joined Campione & Hackney as an associate. She is focusing on the areas of wills, trusts, estates, and probate. Kim recently took a look … Continue reading →

How to Make Most of Your Heirs Mad

Posted on March 31, 2014
Occasionally I will get an estate planning client who wants to leave all of his or her property to one child in the belief that it will somehow make their estate easier to probate and that the chosen child will … Continue reading →

Squatting Is Not Going To Get You A Mansion

Posted on January 25, 2013
I do NOT recommend adverse possession as the way to acquire a new home. See, “Squatting in Style.” Seven (7) years is a long time. Adverse possession does have legitimate uses and legitimate purposes. I have been involved in many adverse possession … Continue reading →

2012 in review

Posted on January 10, 2013
The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog. And now I’m sharing my report with you. Enjoy! Here’s an excerpt: 600 people reached the top of Mt. Everest in 2012. This blog got about 3,700 … Continue reading →

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Is There A New Federal Surtax On Home Sales?

Posted on September 23, 2012
Today we have a guest post from David Campione, who practices in the area of real estate, bankruptcy, and transactions at Campione & Hackney, P.A. Yes, there is a new 3.8 percent surtax that takes effect January 1, 2013 on … Continue reading →

Ex-spouses Won?t Be Laughing All The Way To The Bank Anymore

Posted on July 30, 2012
I have handled more than one case where someone died and a former spouse unintentionally received life insurance proceeds as a result. Some times the former spouses hated each other and the pay out was many years after the divorce. … Continue reading →

Harry Hackney Board Certified in Civil Trial Law

Posted on June 11, 2012
I am pleased to announce that as of June 1, 2012 I am Board Certified by the Florida Bar in the area of Civil Trial Law. According to the Florida Bar: Certification is the highest level of evaluation by The … Continue reading →

The Importance of a Health Care Surrogate

Posted on August 28, 2011
A client recently came to see me because her husband’s son from a previous marriage had himself appointed his father’s emergency temporary guardian. This was done with no notice to her, as allowed by Florida law. I recently received a … Continue reading →

Harry Hackney Certified in Circuit Civil Mediation by the Florida Supreme Court

Posted on June 01, 2011
Harry Hackney is pleased to announce that he has been certified by the Florida Supreme Court to mediate circuit court civil cases. He is available to mediate cases throughout the Fifth Judicial Circuit (Marion, Lake, Citrus, Sumter, and Hernando counties) … Continue reading →

Justice Prevails: Integrity Beats Gotcha

Posted on May 02, 2011
Courts encourage parties to narrow the issues and to stipulate to facts and other matters that are not a disputed issue. These stipulations make for a quicker trial saving the court time and the parties both time and money. In a recent … Continue reading →

Deathbed Marriages Become More Risky and Less Profitable

Posted on January 25, 2011
Being the spouse of a decedent comes with some significant rights. A surviving spouse can claim thirty percent (30%) of a significant portion of the spouse’s estate as an “elective share.” The surviving spouse may also be entitled to an $18,000...

Using Your Blackberry In Illinois (or Florida) Could Send You To Prison

Posted on January 23, 2011
This TechCrunch article talks about two people facing jail time in Illinois for recording conversations: Using Your Blackberry In Illinois Could Send You To Prison. Florida is one of the 12 states where recording a conversation without permission is a felony although not for a first offense for non-commercial purposes...

Sometimes All You Have To Do Is Ask

Posted on August 01, 2010
As a matter of policy, I do not give any legal advice in response to questions posted as comments or otherwise in this blog. However, the following question piqued my interest and provides a platform for discussing the sort of everyday problem an average person might encounter...

Durable Powers of Attorney

Posted on June 22, 2010
Florida Statute section 709.08 governs durable powers of attorney. A durable power of attorney is a written document whereby one person can designate another to act for them. The person who signs the document and appoints another is the “principal” and the person appointed to act is the “attorney in fact...

Hiring A Lawyer Is Not As Expensive As You Think

Posted on June 20, 2010
Here are six good reasons for why hiring a business lawyer is money well spent: 6 Reasons Why Hiring A Business Lawyer Is Not That Expensive. As someone who litigates disputes, I can say that litigation is much more expensive than doing it right in the first place.

You?re Not Married Until The Paperwork Is Finished

Posted on June 19, 2010
When I first heard of this case, I thought it was an interesting but isolated case– the sort of thing that happens but is not common. I may have been wrong. In one of those serendipitous coincidences, I met a lady at a speaking engagement who told me about a situation involving several of her [...

You Can?t Dilly Dally On Your Way To Probate Court

Posted on June 05, 2010
The time limits in probate cases can be unforgivingly short. For example, you must object to the personal representative?s accounting within thirty (30) days and set a hearing on your objection within ninety (90) days. A recent post in the Florida Probate & Trust Litigation Blog illustrates how true that is...

Big Brother Really Is Watching You

Posted on January 07, 2010
The latest high-tech crime fighting tool for the La Crosse, Wisconsin police department is Facebook according to the “La Crosse Tribune.” The department recently used pictures from Facebook to charge students from the University of Wisconsin — La Crosse aged 19 and 20 for underage drinking...

Don?t Sue! Blog? Well, Talk It Out At Least

Posted on January 06, 2010
Here’s some more information on the iPod lawsuit from the “In the eyes of the law” blog by attorney Kimberly Houser. The question phrased by Ms. Houser is whether “blogging is better than going to court?” I don’t know about that...

It Is Called The Volume Control, Stupid!

Posted on January 05, 2010
The Federal Ninth Circuit Court of Appeals in San Francisco is often described as the most liberal Federal appeals court in all the land. Thus, it would normally be considered pro-plaintiff in most cases. Nevertheless, Engadget reports that it recently upheld the ruling of a lower court dismissing a class action suit against Apple for [...

Death Is Sure But Maybe Not The Taxes

Posted on January 04, 2010
The Economic Growth and Tax Relief Reconciliation Act of 2001 substantially revised the estate, gift, and generation skipping taxes. One provision was that the estate tax and generation skipping tax would disappear in 2010. If nothing is done before 2011, the estate and generation skipping taxes go back to where they were before 2001; i...

Forgotten But Not Gone ? Digital Evidence Is Hard To Lose

Posted on January 02, 2010
If you’re tempted to hide evidence, don’t do it, especially if that evidence is digital. Even before the prevalence of digital evidence chances were that you’d be discovered. Multiple copies are often floating around, especially with medical records...

?To Joojoo? Enters The Lexicon After Arrington Gets Munsoned

Posted on December 20, 2009
The other day I wanted to use the phrase “bad joojoo.” I hate to misspell things so I wanted to make sure that the word was spelled “joojoo” and not “juju,” or “joujou,” or some other variation. So I Googled it...

How Not To Structure A Deal: The CrunchPad Blow Up

Posted on December 13, 2009
TechCrunch founder Michael Arrington recently announced that the CrunchPad project blew up on the eve of the CrunchPad’s launch. (See, The End of the CrunchPad) I’m not that interested in the tech or the details of the dispute between TechCrunch and Fusion Garage...

O? the Shame of Legalese!

Posted on June 28, 2009
I try to write as much as I can in plain English. As a lawyer, that isn’t always easy. Lawyers use five words with five syllables where a single two syllable word would do for many reasons — They don’t know any better; i.e., that’s the way it has always been done...

A Lawyer?s Dream: Michael Jackson?s Estate

Posted on June 27, 2009
Michael Jackson was as much a corporation as a person. Like any major celebrity or company, he had ongoing litigation and business operations. “The National Law Journal” has an article detailing the myriad suits Jackson and his company, MJJ Productions, had at the time of his death...

How to Clean Up Your Social Networking for Your Case

Posted on June 13, 2009
Texas lawyer, Jeff Rasansky, gives some sound advice on managing your social networking in the event that you become involved in a lawsuit. Although written in the context of his personal injury practice, this advice pertains to any lawsuit. If you’ve read some of my other posts, you already know that your online image can [...

Brian Williams Doesn?t Support the U.S. Economy and He?s an Idiot!

Posted on February 15, 2009
Lately it seems like even those whose income shouldn’t have changed due to the down economy are not spending their money. That’s why an article about how NBC anchor Brian Williams is not spending his money caught my eye. It seems that Williams, who makes $10,000,000...

How to Get Out of Jury Duty

Posted on February 03, 2009
I’ve written before about the dangers of online postings. A little self censorship is a good idea. Now it seems that your Facebook status can get you out of jury duty too. All one juror had to do is set his Facebook status as: “Barry Price is sitting in hell … aka jury duty...

Why Guardianship Avoidance Tools Don?t Always Work

Posted on February 01, 2009
I had some clients come in recently in need of a guardianship for a family member. The family member was a retired professional. He had all the right tools in place to avoid a guardianship — durable power of attorney, health care surrogate, and revocable living trust...