Credit Card Shock

September 17th, 2010

CREDIT CARD SHOCK

By Paul A. Meissner

Carlson, Meissner, Hart & Hayslett, P.A.

Almost everyone carries and uses credit cards.  Some folks have a bundle of cards, not because they asked for them, but in response to a flood of unsolicited offers over the past several years.

Paul A. Meissner

We are accustomed to receiving offers and information regarding credit cards.  Most of the correspondence includes a small print-multi page document titled “Terms and Conditions”.  Until about September of last year, these documents were relatively benign, and routinely ignored.  Since September 2009, almost every card issuer has changed the terms and conditions of card usage in very substantial ways. Interest rates, annual fees, and other fees have been increased almost beyond belief.  Because of changes in Federal Law, you received these notices, and were given the right to opt out of the card (canceling), and pay off any remaining balance over time at old interest rates.

Most people didn’t read the notices, or, if they read, did not opt out.  The result, is that finance charges will increase and escalate in 2010 in accordance with the new rates and fees.  Carefully examine your credit card statements over the next several months, and pay particular attention to finance charges.  Many people will find it difficult to pay off balances, and will only be able to pay interest.  We all need to pay attention to the fine print of our card agreements, and explore ways to avoid interest rates that often exceed 20%.

‘Twas The Night Before Christmas, Legal Version

December 23rd, 2011

Carlson, Meissner, Hart & Hayslett Christmas Tree

‘Twas The Night Before Christmas, Legal Version

WHEREAS, on or about the night before Christmas, there did occur at a certain  residence (hereinafter known as “the House”) a general lack of  stirring by all creatures therein, including, but not limited to, a mouse.

A variety of foot apparel, i.e. stockings, we’re hung by the chimney with care in said House, in the hope and/or belief that St. Nick a/k/a/  St. Nicholas a/k/a/ Santa Claus (hereinafter “Claus”) would be there sometime thereafter.

The minors, i.e. the children, of said House, were  nestled all snug in their  beds, wherein visions of confectionery treats, including, but not limited  to, sugar plums, did dance, cavort and otherwise appear in  dreams in their heads.

WHEREUPON, Mamma (the party of the first part), and I (the party of the second part), being joint-owners of the House, had retired for a long winters nap. (At such time, the parties were clad in various forms of  headgear, i.e.: kerchief and cap.)

When out on the lawn of said House, there arose such a clatter, I sprang from my bed to see what was the matter. The party of the first part sprang from the bed to investigate the cause of the disturbance.

THEREAFTER, the party of the first part did observe, with some degree of  wonder and/or disbelief, a miniature sleigh (hereinafter the “Vehicle”) being  pulled and/or drawn very rapidly through the air by approximately eight (8)  reindeer. The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.

Said Claus was providing specific direction, instruction and guidance to the  approximately eight (8) reindeer and specifically identified the animal  co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner  and Blitzen (hereinafter the “Deer”). (Upon information and belief, it is  further asserted that an additional co-conspirator named Rudolph may have been involved.)

The party of the first part witnessed Claus, the Vehicle and the Deer  intentionally and willfully trespass upon the roofs of several residences  located adjacent to and in the vicinity of the House, and noted that the Vehicle  was heavily laden with packages, toys and other items of unknown origin or  nature. Suddenly, without prior invitation or permission, either express or  implied, the Vehicle arrived at the House, and Claus entered said House via the  chimney.

Said Claus was clad in a red fur suit, which was partially covered with residue  from the chimney, and he carried a large sack containing a portion of the  aforementioned packages, toys, and other unknown items. He was smoking what  appeared to be tobacco in a small pipe in blatant violation of local ordinances  and health regulations.

Claus did not speak, but immediately began to fill the stocking of the minor children, which hung adjacent to the chimney, with toys and other small gifts.

Upon completion of such task, Claus  touched the side of his nose and flew, rose and/or ascended up the chimney of  the House to the roof where the Vehicle and Deer waited and/or served as  “lookouts.” Claus immediately departed for an unknown destination.

However, prior to the departure of the Vehicle, Deer and Claus from said House,  the party of the first part did hear Claus state and/or exclaim: “Merry  Christmas to all and to all a good night!”

 

Happy Thanksgiving

November 24th, 2011

Thanksgiving Parade

As we reflect and give thanks on this special day, the Partners, attorneys and staff at the law offices of Carlson, Meissner, Hart & Hayslett would like to take this time to thank you for allowing us to serve you and our community for the past 40 years.

On behalf of our entire team here at Carlson, Meissner, Hart & Hayslett, P.A., we wish you a Very Happy Thanksgiving.

We Are Proud to Welcome Gary A. Hewetson, Family Law Attorney

November 11th, 2011

Gary A. Hewetson, Family Law

We are proud to announce that Gary A. Hewetson has joined the law offices of Carlson, Meissner, Hart & Hayslett, P.A. Gary will practice in the area of Family Law, including divorce and child custody. The firm will also continue its representation of plaintiffs and claimants in matters relating to personal injury, accident and wrongful death; workers’ compensation; social security disability; as well as the representation of defendants arrested or charged with DUI, or misdemeanor and felony criminal violations. Gary will provide representation to clients throughout the central west coast of Florida, from our offices in Clearwater, New Port Richey, Bradenton, Spring Hill and Tampa.

Good Humor Truck for Manatee County Girls Club

October 18th, 2011

Good Humor Ice Cream Truck will donate treats to this great cause!

Please join Terri Cromley and Brenda Sullivan on Saturday, October, 22, 2011, for the 4th Annual “Just for Girls” best tailgate party to raise money for the Manatee County Girls Club, Inc. The event tickets are $50.00. Have a wonderful time for a great cause.

Terri Cromley is the managing partner of the Bradenton office of Carlson, Meissner, Hart & Hayslett, P.A. Todd and Robby Garrett will be present and will bring the Good Humor Truck owned by Paul Meissner, who is donating a truckload of delicious ice cream to this great cause.

Sarasota County Offers Low Cost Health Services

August 29th, 2011

Terri Cromley, the Managing Partner of the Bradenton office of Carlson, Meissner, Hart & Hayslett, P.A.

The services offered at these regularly established sites include diabetes education and screening, blood pressure tests, pregnancy testing, HIV and tuberculosis testing, adult immunizations and health education.

, brought the following health services to our attention for the benefit of her clients: The Sarasota County Health Department’s Health In Motion Mobile Medical Unit staff will provide free and low-cost health services at 16 sites around the county during September, as posted in Your Observer, by Kurt Schultheis, the City Editor, on August 26, 2011.
The services offered at these regularly established sites include diabetes education and screening, blood pressure tests, pregnancy testing, HIV and tuberculosis testing, adult immunizations and health education. The staff also assists individuals who lack medical insurance and do not have a health care provider to find a medical home for ongoing health care.

No appointment is needed. Some services are free, including HIV rapid testing, with results in 20 minutes. Other services are provided on a sliding-fee scale based on income. A registered nurse is available at all sites.

The following is a schedule of dates and locations for the mobile unit in Sarasota:
• Monday, Sept. 19, 9:30 a.m.-noon: Selby Goodwill Jobs Center, 1781 Dr. Martin Luther King Jr. Way
• Monday, Sept. 19, 1-3 p.m.: Newtown Estates Park, 2800 Newtown Blvd.
• Thursdays, Sept. 1, 8, 15, 22, and 29, 9:30 a.m.-3 p.m.: Salvation Army, 1400 10th St.
• Monday, Sept. 12, 9:30 a.m.-noon: Sarasota Housing Authority, 1912 N. Orange Ave.
• Mondays, Sept. 12 and 26, 1-3 p.m.: Arizona Multi-Services Center, 3900 N. Washington Blvd.
• Monday, Sept. 26, 9:30 a.m.-noon: McCown Tower, 1300 Blvd. of the Arts

For more information and for other locations the services will be available around the county, contact the Sarasota County Call Center at 861-5000, or visit www.sarasotahealth.org to view the calendar or to submit a special event request. Anyone without computer access can visit a health kiosk at any of the eight Sarasota County libraries or at any Senior Friendship Center.

 

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Social Security Disability Pushed to Insolvency

August 23rd, 2011

Social Security Disability Pushed to Insolvency

Will our Social Security Disability system be pushed to the brink of insolvency? Will the trust fund that supports Social Security disability run out of money by 2017? In Washington, Stephen Ohlemach reported that laid-off workers and aging baby boomers are flooding Social Security’s disability program with benefit claims, pushing the financially strapped system.

To learn more about the applications are up nearly 50 percent over a decade ago as people with disabilities lose their jobs and can’t find new ones in an economy that has shed nearly 7 million jobs; and how the stampede for benefits is adding to a growing backlog of applicants, please click here:

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Florida Drug Law Ruled Unconstitutional

August 17th, 2011

On July 29, 2011, TheFederal Judge Mary Scriven St. Petersburg Times reported that “A federal judge has declared Florida’s drug law unconstitutional, potentially throwing thousands of criminal cases into jeopardy.”

U.S. District Judge Mary Scriven of Orlando issued a ruling Wednesday that struck down the state’s Drug Abuse Prevention and Control law, saying it violates due process because it doesn’t require that prosecutors prove that a person knew he or she possessed illegal drugs.

Lawmakers amended the law in 2002, becoming the only state in the nation to get rid of “guilty knowledge,” also called mens rea.

“Not surprisingly, Florida stands alone in its express elimination of mens rea as an element of a drug offense,” Scriven wrote in her order. “Other states have rejected such a draconian and unreasonable construction of the law that would criminalize the ‘unknowing’ possession of a controlled substance.”

Local defense lawyers said Scriven’s ruling has been a long time coming. And they said the impact could be huge. Many said they intend to file motions to dismiss their drug cases by citing the judge’s order.

“It has one of the largest potential effects on criminal law in the past decade,” said St. Petersburg lawyer Jeff Brown. “Were talking hundreds of thousands of drug cases.”

It was unclear Thursday how prosecutors may respond to defense motions that cite Scriven’s ruling. Pinellas-Pasco Chief Assistant State Attorney Bruce Bartlett said he had not read the ruling, and prosecutors in Hillsborough County could not be reached for comment.

Scriven’s ruling came in the case of Mackle Vincent Shelton, 33, who was convicted in 2005 of drug charges in Osceola County.

Shelton, currently serving 18 years in prison for delivery of cocaine and other charges, filed a case in federal court on the grounds that a jury wasn’t required to consider intent when it decided his case.

That’s because lawmakers’ changes to the law three years earlier had eliminated the requirement that prosecutors prove that the defendant intended to commit the crime.

“It takes the presumption of innocence and throws it in the garbage can,” said Tampa lawyer James Felman, Shelton’s attorney.

In essence, Felman and other defense attorneys said, the law shifted the burden of proof to the defense. Scriven’s ruling aims to shift it back to prosecutors.

“The ruling brings us in line with the rest of the country,” said St. Petersburg defense lawyer Bob Heyman, who is a former prosecutor. “The state should have the burden of proof.”

As news of the ruling spread through the legal community on Thursday, defense lawyers said they are preparing to file motions to dismiss their drug cases.

Brown, who also teaches at Stetson Law School, said he has about 25 such cases. He predicted the courts will see a flood of motions.

 

Light the Night for the Leukemia & Lumphoma Society

June 29th, 2011
 

Getting ready to Light the Night Walk for the Leukemia & Lymphoma Society

Carlson, Meissner, Hart & Hayslett, P.A. will participate in the Light the Night Walk again this year to raise funds to support The Leukemia and Lymphoma Society’s efforts to cure leukemia, lymphoma and myeloma and provide education and services for patients and their families.

This year Terri F. Cromley, the Managing Partner of the Bradenton office of Carlson, Meissner, Hart & Hayslett, P.A., will be on the Planning Committee. Terri’s work with the committee, with the help of the staff of the law office, will aid the annual fundraising walk and the nation’s night to pay tribute and bring hope to people battling cancer.

In 2010 the Walk raised more than $45 million for research and patient services. The Suncoast Chapter raised over $357,000 in 2010. The goal for this year is $400,000.

The Carlson and Meissner Good Humor Ice Cream Truck will be there, once again, happily donating ice cream to all the participants. It will take place on Saturday, October 1, 2011, at Ken Thompson Park, 1700 Ken Thompson Parkway, Sarasota, FL 34236, at 5:30 p.m.

The Leukemia & Lymphoma Society is the world’s largest voluntary health agency dedicated to blood cancer. The LLS mission: Cure leukemia, lympohoma, Hodgkin’s desease and myeloma and improve the quality of life of patients and their families. LLS funds lifesaving blood cancer research around the world and provides free information and support services.

Who’s At Fault In An Auto Accident Case?

May 27th, 2011

How to determine who is at fault in an auto accident

How to determine who is at fault in an auto accident

How to determine who’s negligent in a car accident

The question is how do you determine who’s at fault in an automobile accident case? Generally, there are a number of ways to determine who’s at fault or who the negligent party is. If you are cited, meaning the other party is given a traffic ticket or information in the police report determines that the other driver is at fault, this proves that the other driver was negligent and maybe liable for your injuries.

Some of the easy ways to prove negligence are:

  1. If it is a rear end collision. If you are driving and get hit from behind, generally in all states, the law enforcements, courts, and insurance adjusters will determine that the person who hit you from the rear is the at fault driver and is negligent. 
  2. Another easy way to prove liability is left turn accidents. If someone makes a left turn in front of oncoming traffic and that person is struck, the person making the illegal left turn, by not giving the other car enough time or space to drive, will be at fault. This is a easy way to determine that the driver making the left turn would be the at fault driver.

Remember, to prove a negligence case:

  1. First, you must prove that there is negligence or liability for one party.
  2. Second that you have damages or something to determine that you have something to bring an action for.
  3. And then you have ability to pay, this means that the person who causes your damages was at fault and they have the responsibility to compensate your injuries.

The best way to do this is to check for an auto accident lawyer in your state who practices in the area of Personal Injury law. That person will be best able advise you if you have a cause of accident and what the damages are worth. Check with a car accident lawyer in your area for any accident you get involved in.

Should You See A Doctor After An Auto Accident?

May 27th, 2011

Should I see a doctor after my automobile accident?

The question is, “if I have been involved in a car accident should I see a physician even if I don’t think I’m hurt?” That’s a difficult question to answer. Many times people are involved in automobile accidents and they are not injured right away. What that means is they are involved in an accident and the next day they feel okay, but unfortunately many weeks or months later they will feel the residual effects of the accident. I recommend if you’re involved in an automobile accident, see a competent physician and get checked out.

Remember, if you are involved in an auto accident, the injuries that arise from that accident may not reveal themselves for several weeks or months. It is always important to get check out, which may involve getting X-rays, MRIs, or other diagnostic studies to determine if you have some latent injuries that you were not aware of. If you are injured and it was not your fault in the automobile accident, you may be compensated for your injuries. If you have a question, see an attorney who practices in the area of PI or Personal Injury. He or she can advice you to see a physician, get checked out, and advice you whether or not a claim may be right for you.