Blog

• Procedural Issue Concerning Child Support Modification Successfully Reversed at Third District Court of Appeal

  Hutchison & Tubiana appeared before the Third District Court of Appeal in January 2012 for oral argument concerning a procedural issue in a family law matter. In this particular case, the husband filed a petition to modify child support obligations...

• If I was involved in a car accident in Key Largo, Tavernier, Islamorada, Marathon, or anywhere else in the Florida Keys, does this mean I can file a lawsuit for my injuries ?

  A common misconception exists where an individual, who has been involved in a car accident, believes that he or she is entitled to file a lawsuit to recover for injuries and damage cause to their personal property, even though they were 100 % not at fa...

• I bought my Brickell condo before my marriage, so my spouse can't get half if we divorce, right? Think again!

  If you currently live in the Brickell area of Miami and are contemplating dissolution of marriage, otherwise known as divorce, and are concerned with regard to the division of property, you may be surprised with the impact of Florida law to premarital ...

• Were you involved in a car accident, and suffered personal injury, as a result of visiting the Florida Keys and Key West during Fantasy Fest weekend ?

  Were you involved in a car accident as a result of visiting the Florida Keys and Key West during Fantasy Fest weekend? Oftentimes, tourists will drive the scenic route from the mainland throughout the Florida Keys on their way to Key West. While the 10...

• Were you visiting the Florida Keys and Key West during Fantasy Fest and arrested for DUI, drug possession, battery or other misdemeanor or felony ??

  Were you visiting the Florida Keys, and Key West, over Fantasy Fest weekend and arrested for a crime? If so, there is a chance that your 4th Amendment Rights to be free from unreasonable searches and seizures were violated by Monroe County Sheriff Depu...

• Brickell Condo Owner Facing Foreclosure?

  If you are a condo owner in the Brickell area of Miami and are facing foreclosure, there may be several options available to save your home. In addition to government sponsored modification programs such as HAMP, your own lender may have an in-house mo...

• Divorce in Brickell: The Dangers With Keeping the Condo

  If you are a condominium owner in the Brickell area of Miami and are contemplating divorce, there are many issues you must consider that were not present just a few short years ago. A few years ago, with property values in Brickell soaring, anyone invo...

• Did You Suffer Personal Injuries from a Car Accident in Brickell?

  The Brickell area of Miami was once known only for office buildings. However, due to the increase in population, there are numerous bars, restaurants and lounges. With additional traffic, comes the higher probability for a car accident or being injured...

• The Anatomy of a Traffic Ticket: From Start to Finish

  You've received a ticket. What now? Well, there are special rules that govern the practice and procedure in any traffic case and specifically apply to practice and procedure in county courts and before civil traffic infraction hearing officers. Anytime an individual has been issued a traffic ticket he or she has three options.

• Are you a Brickell condominium owner facing foreclosure? Do you qualify for a HAMP loan modification?

  It is no secret that the South Florida housing market has been subject to an increasing amount of foreclosures. Specifically, many condominiums in the Brickell area have been faced with foreclosure at an unprecedented rate. There are several options a ...

• Arrested for a DUI or other misdemeanor or felony in Brickell?

  The downtown area of Miami, known as Brickell, and also referred to as the “Manhattan of the South”, used to be a ghost town after the close of business. However, in the last ten years, the Brickell area has emerged as a booming residential area wh...

• Loan Modifications and the Florida Keys

  Recently, I have had several clients who have contacted our office in order to secure a loan modification. Many clients have indicated that they have been advised by non-lawyers (i.e. realtors, bank agents, etc.) that an easy way to obtain a loan modif...

• Florida Keys DUI Arrest and Driver's License Suspension

  The procedures involving what happens to your driver’s license after a DUI arrest and the eventual criminal prosecution of the substantive crime are similar and yet very different. Let us examine the following case study. One evening, as you're dr...

• Mortgage Foreclosure? Loan Modification? Short Sale? What does it all mean?

  Lately, we have been inundated in the media with these buzzwords. In light of falling home prices and rising unemployment, many families are at risk of losing their homes because they have to choose between putting food on the table or paying their mor...

• Holiday Weekends in the Florida Keys and Key West Lead to Additional Law Enforcement on Patrol

  Each and every year, the Florida Keys and Key West, draw thousands of visitors for the warm climate, spectacular fishing and diving, and great restaurants and bars. However, the added tourism means that the Monroe County Sherriff’s Office and the Flo...

• Were You Vacationing in Key Largo or Key West and Arrested for a Misdemeanor or Felony?

  If you have come to the Florida Keys to visit Key Largo, or travel to Key West, and have been charged or arrested with a crime, you are not alone. The lawyers at Hutchison & Tubiana have represented hundreds of individuals in misdemeanors and felon...

• The Final Credit Card Act Rule protects consumers from abusive practices by credit card issuers

  The Act was implemented to address interest rate increases, interest calculations, card issuance and fees. Some examples of these new rules include limitations under which a lender can apply increased interest rates or fees to existing balances; an ana...

• How a Chapter 13 Bankruptcy can help you Get Current on Your Mortgage

  Throughout the Florida Keys and Key West, an individual debtor who has a regular source of income may file a Chapter 13 enabling them to keep a valuable asset, such as a house. It allows the debtor to propose a "plan" to repay creditors over time, usua...

• How a Chapter 13 Bankruptcy allows you to strip a junior mortgage from your personal residence

  With the declining real estate market, throughout the Florida Keys and Key West, it is becoming more common to “lien strip” wholly unsecured second mortgages/deeds of trust on personal residences. The general rule is that these second, third, and a...

• What is Chapter 7 Bankruptcy?

  Chapter 7 Bankruptcy is the most common form of bankruptcy filing. This type of bankruptcy filing accounts for as much as 65% of all Consumer Banking filings! Is a Chapter 7 Bankruptcy filing right for you?

• Arrested for DUI in the Florida Keys or Key West? Did you have a right to an attorney before deciding whether to blow?

  Oftentimes, I speak with clients who tell me that the arresting officer violated his or her constitutional rights during a DUI stop by not providing access to an attorney regarding whether they must submit to a breath test. A clear constitutional violation, right? However, you may be surprised by the reality of current Florida law.

• Bankruptcy Practice Serving Florida Keys and Key West Residents

  Hutchinson and Tubiana P.L.L.C. is proud to expand our practice areas to better serve Florida Keys, Key Largo and Key West residents suffering from bankruptcy and debt issues. Bankruptcy laws help people who can no longer pay their creditors get a ...

• Hutchison & Tubiana, P.L.L.C Opens New Office in Miami, Florida

  The law firm of Hutchison & Tubiana is pleased to announce that it will be opening an office in Miami, Florida.

• Injured or Arrested While on Vacation in Key West and the Florida Keys?

  Did the Key West vacation of your dreams turn into a trip to the hospital, or result in an arrest where you spent the night behind bars and not in your luxurious hotel room?

• Landlord / Tenant Lease Agreement issues in Key West and the Florida Keys: What about the tenant’s security deposit?

  Oftentimes, I have both landlords and tenants that contact me regarding the security deposit associated with a residential lease contract. At first blush, a landlord may think that he or she can simply keep the tenant’s security deposit if the tenant vacated the premises without paying the final month of rent or damages the premises. I mean, after all, it seems fair and equitable right? Wrong!

• Estate Planning: Do I need a Will or a Trust? Can’t I just get one online?

  A common misconception exists that you can hand-write a Will…that it’s a simple as typing out your wishes on your computer, or jotting down a few notes on a cocktail napkin. In addition, various websites and retailers sell one-size-fit-all Will kits. There are many dangers that lurk in the easy and quick solution.

• DUI or other criminal charge in Key West while on vacation?

  Key West offers visitors the benefits of wonderful restaurants, great fishing and the opportunity to let your hair down and party. However, there are times where the celebration goes too far and you are arrested and charged with a crime. Or, you could’ve been in the wrong place at the wrong time, and simply a victim of circumstance. You’re far away from home…what now?!

• Divorce and Division of Assets in the Current Economy

  In terms of division of assets, divorce is no longer what it used to be. Until the last few years, spouses would argue and fight in court in an attempt to secure ownership of the marital home. However, in light of the current economy, there are certain assets that are dangerous to retain.

• Chapter 7 or 13 Bankruptcy or Credit Card Debt Negotiation?? That is the question!

  I have had several individuals contact me regarding considerable credit card debt. What is difficult to decide is whether to engage in debt settlement negotiations with the Credit Card Company, debt collector, and law firm, or possibly look into filing for Chapter 7 or 13 bankruptcies.

• The Dangers of Representing Yourself in Traffic Court

  I attended traffic court this afternoon in front of a county court judge in the Keys. While I was waiting for my case to be called, an individual appeared before the judge pro se. “Pro se” means that he was representing himself without an attorney. Ordinarily, this can be fairly harmless in traffic court, but there are certain circumstances where it is worth the financial commitment to hire an attorney.

• Florida Keys DUI Checkpoints and Legal Representation

  Florida Keys, DUI Checkpoint Scheduled in Islamorada on Friday, December 10, 2010

• Foreclosure Defense – One Step Forward, Two Steps Back

  In Florida, the current rate of unemployment is hovering at approximately 12 %. As you know millions of homeowners are losing their homes due to, among other things, the nature of economy. Although banks are touting that they have recovered from the recession, that does not mean that they are lending like they were during the housing boom, or even open to refinancing. In addition, unless a homeowner meets certain criteria put in place by the U.S. Government, banks are refusing to modify mortgage on their own accord. This has created a perfect storm for the unprecedented rate of foreclosures throughout the country; specifically South Florida.

• The Anatomy of a Traffic Ticket: From Start to Finish

  You have just been pulled over and couldn't talk your way out of a traffic ticket! What now? How does the process start you wonder? Well, there are special rules that govern the practice and procedure in any traffic case and specifically apply to practice and procedure in county courts and before civil traffic infraction hearing officers. Anytime an individual has been issued a traffic ticket he or she has three options.

• Credit Card Debt Settlement- What Happens Behind the Scenes ?

  Hutchison & Tubiana have represented several individuals in their efforts to effectively negotiate credit card debt. Many credit cards were settled for a fraction of the balance. Our effective strategies have been utilized to save our client’s thousands of dollars. However, it remains a mystery as to why different creditors will settle the same type of consumer debt for different amounts.

• Not-Guilty Verdict in Criminal DUI Jury Trial

  On September 23, 2010, a local Monroe County man was acquitted from one count of Driving under the Influence, commonly referred to as DUI. The offense of DUI is a charged as a violation of Florida Statute, 316.193. David Hutchison and Vincent Tubiana successfully argued during trial that the Defendant was not impaired from drugs or alcohol while he driving home with a passenger from dinner at a friend’s home.