Florida/Georgia Personal Injury & Workers Compensation

...ssets are necessarily the goodwill and patient files and whose primary purpose is to render medical services. Florida's corporation statutes allow an individual to create a shield against personal liability by forming a professional association. See § 621.05, Fla....

...nder professional services within this state and the corporate power is limited to the sole and specific purpose of rendering the same and specific professional service authorized by such license or otherwise legally authorized to be performed (F.S. § 621.05, F.S.A.)....

...ets are necessarily the goodwill and patient files and whose primary purpose is to render medical services. Florida’s corporation statutes allow an individual to create a shield against personal liability by forming a professional association. See § 621.05, Fla.Stat....

...is wife, Lisa S. Adams, as tenants by the entireties. The Trustee contends that the stock cannot constitute entireties property, because Lisa Adams is not a licensed attorney and therefore cannot own stock in the professional corporation pursuant to § 621.05 of the Florida Statutes....

...s with the Debtor's wife. The Trustee subsequently filed her Supplemental Objection to Property Claimed as exempt. (Doc. 115). In the Supplemental Objection, the Trustee asserts (1) that the Debtor's wife, Lisa S. Adams, is not an attorney; (2) that § 621.05 of the Florida Statutes requires shareholders of a professional corporation to be legally authorized to render professional services; and (3) that the stock of the Law Office of Mark A....

...ation with his non-lawyer spouse. It is generally recognized that the organization of professional service corporations is limited to persons who are licensed to practice the profession. Parker v. Panama City, 151 So.2d 469, 473 (Fla. 1st DCA 1963). Section 621.05 of the Florida Statutes provides: § 621.05....

...rvices may organize and become a shareholder or shareholders of a professional corporation for pecuniary profit under the provisions of chapter 607 for the sole and specific purpose of rendering the same and specific professional service. Fla. Stat. § 621.05(Emphasis supplied)....

...d wife as tenants by the entireties belongs to *766 neither spouse individually, but each spouse is seized of the whole." Beal Bank, SSB v. Almand & Associates, 780 So.2d 45, 53 (Fla.2001). The Court finds, however, that the prohibition set forth in § 621.05 is designed to preclude non-professionals from acquiring any ownership interest in professional corporations, regardless of the specific nature of the interest....

...Based on the authorities discussed above, the Court finds that the Debtor cannot own stock in the Law Office of Mark A. Adams, P.A. as a tenant by the entireties with his non-lawyer wife. The organization of professional corporations is limited to licensed professionals. Fla. Stat. § 621.05....

...s wife as tenants by the entireties. The Court determines that the claimed exemption should not be allowed. The Law Office of Mark A. Adams, P.A. is a professional service corporation governed by chapter 621 of the Florida Statutes. *767 Pursuant to § 621.05 of the Florida Statutes and the Rules Regulating the Florida Bar, the Debtor's wife, a non-lawyer, may not own any interest in the professional service corporation....

...ion is, strictly speaking, not present in the instant situation. A professional service corporation, although subject to special restrictions imposed by Ch. 621 , F.S., is a corporation organized pursuant to Ch. 608 , F.S., and is not a partnership. Section 621.05 ....