Articles Posted in Latest News

Published on:


— Legal Profession’s Most Prestigious Rating Service Recognizes Firm —
Martin Law Firm, PL today announced it has received notification from Martindale-Hubbell that Steven E. Martin and Eviana J. Martin have both received a Martindale-Hubbell AV Peer Review Rating.

Both Steven E. Martin and Eviana J. Martin were given an “AV” rating from their peers, which means that they were deemed to have very high professional ethics and preeminent legal ability. Only lawyers with the highest ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating.

Continue reading

Published on:


Too often we read in the news about fatal accidents involving a cyclist in Florida roads. Many people ask about fault and liability in the event of these incidents. Even more riders are concerned about the lack of criminal action taken against negligent or even hostile automobile drivers when a cyclist is injured. Concerns about cyclist safety laws should be raised to your local state legislators. However, consider that it is already “illegal” to hurt or kill someoone with a car. Martin Law Firm aggressively prosecutes civil cases against car drivers who injure or kill cyclists. That being said, we’d rather you be safe and unhurt and not in need of our services. The first step in safety is to fully understand the rules of the road. Below we’ve written out a brief summary of the laws in Florida. This isn’t comprehensive, so we encourage you to educate yourself further.

A Bicycle is a Vehicle

Under Florida law, a bicycle is a vehicle and a bicyclist is a driver. The bicycle riders enjoy the same rights and must obey the same rules as a motor vehicle driver. A big difference is that the unarmoured biker is much more susceptible to injury when an accident occurs. Florida Statute 316.2065 contains the bicycle regulations. Some of the statutes deal with wearing protective gear while others dictate how a bicyclist may travel the roadways. A bicycle rider under the age of sixteen must wear a properly fitted helmet. Proper rules are extremely important since the number of accidents involving bicyclists is very high. A study done by the Florida Department of Highway Safety and Motor Vehicles looked at the number of bicycle injuries and fatalities that occurred on the highways during a ten year time span. The number of bicycle accident injuries in 2000 was about 4,585 and the number of fatalities in that year was 83. Ten years later, in 2009, the number of injuries stayed almost the same with around 4,376, and the number of fatalities increased to 100.

Continue reading

Published on:


One of the purposes of the probate process is to manage debts owed to creditors of the deceased andto see that creditors are paid – to the extent that is legally and financially possible. The legal procedurefor probate provides a process to manage and cut off claims against the deceased that are filed morethan three months after the publication of a Notice To Creditors in the newspaper, or more than thirtydays after service of the Notice on a creditor, if that is later. Most debts of the deceased are barred andunenforceable after two years from the date of death. Recently the Second District Court of Appeals inFlorida issued a ruling that emphasizes the need to properly follow the claim procedure if you are owedmoney by the deceased. Watch the dates as you read the following paragraph.
Edward Caulfield died on December 18, 2006. A probate administration was started and on November16, 2007, a Notice To Creditors was published. The court opinion dos not explain why so much timewent by before publication. Under Florida law the end of the creditor claim filing period was February16, 2008. A creditor, Mr. Lubee, filed a late claim on December 18, 2008, ten (10) months after theclose of the claim filing period. Note, this is the point after which the two year bar on collection of adecedent’s debts also takes effect. Then Mr. Lubee sued the estate on February 5, 2009, no doubtbecause payment had not been forthcoming. Judgment was entered in favor of the estate at the CircuitCourt level and affirmed on appeal. Why? Because Mr. Lubee didn’t file a claim within the three monthsand never asked the probate court for permission to file a late claim within two years of the death ofMr. Caulfield.

Continue reading

Published on:

MARTIN LAW FIRM ATTORNEYS RECEIVE LEGAL ELITE RECOGNITION

The Martin Law Firm, P.L. of Cape Coral, Florida is proud to announce that Steven E. Martin, Eviana J. Martin, Jonathan Bierfeld, Dustin M. Butler, and Patricia Dills have all been named to Florida Trend’s Legal Elite Up and Comers.

Florida Trend recognizes a prestigious list of approximately 2% of the active members of the Florida Bar who practice in Florida. Active members of the Florida Bar were asked to name attorneys whom exemplify the standards of Legal Elite and would recommend to others. Top vote getters then had their disciplinary records reviewed and finally were reviewed by a panel of previous winners.

Continue reading

Published on:

CAPE CORAL, Fla. (September 25, 2012) Liridona Sinani has joined the attorneys at Martin Law Firm announced firm principal, Steven E. Martin.

Liridona Sinani’s practice focuses primarily on family law, probate litigation and general civil litigation.

Liridona earned her Bachelor of Arts degree, with Cum Laude honors, in Political Science and International Affairs and a minor in Political Philosophy from Florida State University, where she received a full scholarship to complete her studies. It was her interest in these fields that led her to pursue an Internship at the Executive Office of the Governor in Tallahassee, FL and to later travel to Hague, Netherlands and Strasbourg, France to examine the inner workings of major international courts and tribunals, such as the International Court of Justice and the International Criminal Court.

Continue reading

Published on:

Florida Statute § 61.16 provides for attorney’s fees to be paid by a more financially abled party in Dissolution of Marriage cases. Florida Statute § 61.16 provides:

The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals,”

Continue reading

Published on:

Via NEWS-PRESS – LEE COUNTY, Fla.- Written by Nancy Oben noben@news-press.com

For Thomas E. Shipp Jr., some of his best days are when clients write him a note saying thank you.

Shipp, an attorney with more than 30 years of experience in wills, trusts and estate planning, said he works with families dealing with difficult situations when a loved one passes.

Continue reading

Published on:

In order to prevent jurisdictional disputes with courts in other states on matters relating to child support and time sharing, Florida has enacted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Pursuant to the UCCJEA, the exercise of jurisdiction in making an initial custody determination lies with the child’s home state. “Home state” is the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a proceeding involving a child.

Many jurisdictional disputes arise when one parent decides to remove the child from Florida and move to another state with the child. Then, either one or both parents will file a petition seeking establishment of timesharing and child support in their respective states. In this instance, the courts will have to decide whether Florida or the other state has jurisdiction to preside over the case.

Continue reading

Contact Information