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Grocery stores making moves all over Northeast Florida
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JACKSONVILLE
Record & Observer Attorney JACKSONVILLE for Allied Veterans files $50M lawsuitJACKSONVILLE
VyStar now owns the SunTrust Tower, left, and the building at 100 W. Bay St.
COMMERCIAL REAL ESTATE
VyStar buys Record & Observer more space Downtown
Record & Observer
Kelly Mathis was arrested, convicted and later had charges dropped in internet sweepstakes case.
BY DAVID CAWTON JACKSONVILLE ASSOCIATE EDITOR
Credit union that is moving its headquarters to what is now the SunTrust Tower pays $5 million for the building next door.
Record V & Observer
BY MAX MARBUT
ASSOCIATE EDITOR
Jacksonville attorney Kelly Mathis filed a lawsuit Wednesday in federal court against officials of the Seminole County Sheriff’s Department, former state Attorney General Pam Bondi and a member of her staff. The complaint alleges that the defendants violated Mathis’s constitutional rights when he was arrested in 2013 and prosecuted as part of the state’s legal actions against one of his clients at the time, Allied Veterans of the World, a nonprofit that operated internet cafes. The lawsuit also alleges abuse of process and conspiracy to commit malicious prosecution. Mathis said the lawsuit is something he has considered since the state dropped the charges against him in 2017. “I’m convinced it’s what I need to do. It needs to be exposed for what really happened and the grimy details need to come out,” Mathis said. Named in the lawsuit are former Seminole County Sheriff Donald Eslinger, sheriff’s department Capt. James Gibson, sheriff’s department General Counsel April Kersheman, Bondi and Nicholas Cox, Bondi’s statewide prosecutor.
yStar Credit Union expanded its Downtown Jacksonville footprint this week by purchasing the former Life of the South Building at 100 W. Bay St. from developer Eugene Profit. Jacksonville-based VyStar executed a sale with Profit’s 100 West Bay Street 1 LLC on Feb. 28 for $5 million. The deed was recorded Wednesday with the Duval County Clerk of Courts. VyStar President Brian Wolfburg said Wednesday a third party presented the opportunity to purchase the 73,000-squarefoot-building, which will allow the company to create a larger campus in the urban core. The building is next to 76 S. Laura St., the 23-story tower VyStar bought last summer for its relocated headquarters. “When we started to do our space planning and design work within what is available in the tower, we saw that we were not SEE VYSTAR, PAGE 8
SEE LAWSUIT, PAGE 8
Basch Report: Times-Union parent makes money in new ways PAGE 6 Mathis Report: WaterWalk hotel planned for the Southside PAGE 4 OBSERVER MEDIA GROUP
THE CAWTON REPORT
JEA spends millions keeping HQ running PAGE 5 VOLUME 1, NO. 40 • ONE SECTION
WHAT’S TRENDING
Page 2 • Thursday, March 7, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
SHIPPING JaxPort, SSA Marine sign $238.7 million deal The Jacksonville Port Authority board approved a 25-year, $238.7 million contract with Seattle-based SSA Marine LLC to enlarge its presence at Blount Island. The agreement expands SSA’s 50-acre International Gateway Terminal facility to 80 acres by 2023 so it can increase service for Asian shipping lines. According to the deal, SSA will invest about $129 million into the facility, providing JaxPort with $28 million in upfront payments over the first three years of the contract. JaxPort CEO Eric Green Green said the money will go toward the ongoing approximately $484 million harbor deepening project to accommodate postPanamax ships from Asia passing through the recently enlarged Panama Canal.
TRANSPORTATION With airport use up, JIA adding a third concourse A third concourse with six gates is on the way to Jacksonville International Airport. The Jacksonville Aviation Authority is seeking design bids for a new concourse to accommodate more passengers at the airport, which saw business grow 16 percent last year to 6.4 million passengers. The JAA expects to select a concourse designer in May. The solicitation package says the new concourse will need to be in place by Dec. 16, 2022.
BANKING SunTrust to remodel Bank of America Tower space Construction can proceed on remodeling offices for SunTrust Inc. in the Bank of America Tower at 50 N. Laura St. Downtown. The city approved a permit for Marand Builders Inc. to renovate most of the 32nd floor at the 42-story tower for SunTrust’s relocation. The project cost for the almost 16,000-square-foot project is $1.01 million. Plans show the space will comprise offices, open office space, conference rooms, a “social center” break room and other functions. SunTrust will relocate from larger offices in the SunTrust Tower a block south at 76 S. Laura St. Its lease expires there in July. VyStar Credit Union bought the SunTrust Tower last year and plans to move its headquarters there.
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UPS plans center near The Avenues Mall Project Danville is United Parcel Service Inc., according to an economic development agreement released by the city. City Council adopted legislation Jan. 22 for Danville, which was not identified as UPS during the legislative process. UPS proposes to hire 87 employees at an average annual salary of $57,540 by yearend 2022 at 9431 Florida Mining Blvd. E. in South Jacksonville, near The Avenues mall, according to the agreement. The project is described as a $50 million investment that comprises building renovations and the purchase of equipment and other tangible personal property.
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Russell Baker was promoted to chief executive officer and brand strategist for Jacksonvillebased marketing and advertising Baker agency Wingard. The appointment is effective March 25. Wingard CEO Christopher Ball will remain as adviser and equity partner. Baker joined Wingard in 2016. He was an executive with The Coca-Cola Co. for 12 years. Mike Nursey was promoted to head of the Middle Market Group for Florida at TD Bank and will be
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Thursday, March 7, 2019 • Page 3
Area grocery stores adding, upgrading BY KAREN BRUNE MATHIS EDITOR
Food shoppers know the grocery industry is sharply competitive in Northeast Florida with international, national and local stores vying for customers. To maintain or sharpen their market shares, companies and stores are adding or upgrading locations and introducing new concepts. Here’s a look at the plans that surfaced just in the past few weeks, not to mention the progress already underway throughout the area. This isn’t a comprehensive list – just the most recent plans.
Aldi applies to build in North Jacksonville Aldi Inc. applied to the city to build a discount grocery store in North Jacksonville at the Parkway Shops as the Germanybased chain continues its U.S and Florida expansion. The city is reviewing a permit and plans for Aldi on 6.18 acres at 15324 Max Leggett Parkway. No contractor is listed for the $1.8 million project. The architect is SGA Design Group P.C. of Tulsa, Oklahoma. RHS Inc. of Jacksonville is the civil engineer. Permit data show a store of 22,394 square feet with unen-
closed space of 912 square feet. Ramco-Gershenson Inc. is the developer of Parkway Shops and the adjacent River City Marketplace. It is one of at least 11 confirmed sites in Northeast Florida for Aldi, which operates more than 1,800 stores in 35 states.
Bartram Market Publix on the way Bartram Market is preparing to build a Publix Super Markets Inc. grocery store and two shell retail buildings along Bartram Market Drive at a construction cost of $5.65 million. The site is along Race Track Road, primarily in St. Johns County with some property in Duval County. St. Johns County issued constructions permits Feb. 22 for the 78,587-square-foot shopping center. Completion is expected by year-end. The 48,848-square-foot Publix will be built at a cost of $3 million. The construction cost for a 24,675-square-foot retail shell structure for multiple tenants is listed at $1.91 million and the cost for a 6,065-square-foot building is $736,000. Bartram Market, by Eastland Development and Investments, is on 37.25 acres near The Pavilion at Durbin Park.
Publix renovating at Oak Hill Village Lakeland-based Publix Super Markets Inc. continues its cycle
Provided by Winn-Dixie
The renovated Winn-Dixie store in Argyle at 8560 Argyle Forest Blvd.
of renovating stores. The city is reviewing a permit application for Elkins Construction LLC to renovate the Publix at 7628 103rd St. E. in Oak Hill Village at a cost of $600,000. Elkins will renovate almost 41,000 square feet, plans show. The store, in Southwest Jacksonville, was built in 1985.
GreenWise grocer is coming to Nocatee As reported, Publix Super Markets Inc. announced it will open its first Northeast Florida GreenWise Market in Nocatee Town Center in St. Johns County and it also plans to renovate its existing full-service store there at a cost of $875,000. GreenWise will be about 25,150 square feet, less than half the size of the existing full-
size Publix at more than 55,000 square feet. GreenWise, focusing on specialty, natural and organic foods, will open early next year.
Sprouts being built at Tamaya Market The city is reviewing a permit application for construction of Sprouts Farmers Market in Tamaya Market at northwest Beach and Tamaya boulevards. No contractor is listed for the project, a 29,896-square-foot grocery store. The construction cost is listed at almost $4.2 million. BRR Architecture Inc. is the architect. Harbour Retail Partners of Wrightsville, North Carolina, is developing the 75,000-squarefoot shopping center that will be anchored by Sprouts. Randy Kelley, Harbour Retail
Partners manager and developer, said the group has letters of intent with five tenants but no executed leases, so he could not comment on the identities of the additional retailers. Kelley said site work is underway and the goal to start foundation work in April for completion in the first quarter of 2020. He said previously the project is more than $20 million. Phoenix-based Sprouts intends to enter the Jacksonville market with two stores. The first is set to open in the second quarter in The Markets at Town Center. The Tamaya location will open in 2020.
Winn-Dixie reopens 2 remodeled stores Winn-Dixie, a brand of Jacksonville-based Southeastern Grocers, officially reopened two remodeled stores in Argyle at 8560 Argyle Forest Blvd. and in Oceanway at 12333 Sago Ave. W. Enhancements include new façade and interior signage; updated produce and seafood departments; a new deli and a selection of lunch and dinner options, including a hot bar with rotisserie chicken and a wing bar; an expanded bakery department and an expanded beer and wine selection; a full-service meat department; a new floral department; and a new Dollar Shop section in Oceanway. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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Join your local bar associations in giving back! Jacksonville lawyers and their families are invited to come together for a day of unity and service to our community. Fight hunger by assisting in sorting food for distribution to families in need. Children must accompanied by an adult and be 14 years of age or older. Volunteers will receive a t-shirt and lunch. Funding provided by The Florida Bar. This program developed in partnership with the D.W. Perkins Bar Association, Jacksonville Women Lawyers Association and Jacksonville Bar Association.
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ECONOMIC TRENDS
Companies compete to boost and protect their market shares.
Page 4 • Thursday, March 7, 2019
Jacksonville Daily Record/Jacksonville Record & Observer
THE MATHIS REPORT
WaterWalk hotel in works for Southside
KAREN BRUNE MATHIS EDITOR
153-room all-suites property is planned for Perimeter Park. WaterWalk, a Wichita, Kansas-based developer of extended-stay hotels and corporate lodging, is working toward a 153-room all-suites project at Perimeter Park, off Southside Boulevard. The city issued mobility fee calculation and concurrency reservation certificates and JEA issued a service availability letter for WaterWalk to develop a 35,000-square-foot project at 8833 Perimeter Park Blvd. The 10.7-acre site is at northwest Butler and Southside boulevards. It is designed to include corporate lodging. Beaver Dam Development LLC of Raleigh, North Carolina, is the property owner. The civil engineer, architect and planner is Kimley-Horn and Associates Inc. Plans show two WaterWalk buildings of just over 15,000 square feet each on 6.05 acres. There is a future phase of 4.64 acres of up to 50,000 square feet of commercial space.
The city calculated a mobility fee of $13,477 to mitigate the traffic impact. Kimley-Horn applied to rezone the property from IBP to planned unit development because current zoning doesn’t include corporate lodging or extended stay hotels as a permitted use. Corporate lodging is defined as the leasing of furnished or unfurnished units on a temporary basis primarily to corporate clients as an alternative to traditional hotels or extended stay hotels. “Corporate lodging offers larger quarters and (a) more highly amenitized environment for a more discerning guest,” says the written description for the WaterWalk PUD. Stays typically average more than 30 days and a typical WaterWalk property experiences about two check-ins a day. That allows for an operating model that specializes in customer service, such as weekly housekeeping and grocery delivery, it says. The description says WaterWalk combines “the best of both a corporate apartment and an upscale extended stay hotel.” Stays can range from a few days to several months or longer, accommodating the needs of guests visiting for short-term corporate training and contract work up to longer corporate relocations. WaterWalk offers one- twoand three-bedroom units that come furnished or unfurnished. “This allows WaterWalk to effectively serve a wide range of corporate travel and relocation needs,” says the application.
Special to Daily Record
A rendering of the Dallas WaterWalk property. WaterWalk plans a hotel at 8833 Perimeter Park Blvd. to offer corporate lodging.
WaterWalk.com shows five open locations and seven “coming soon.” Jacksonville is not on the list. WaterWalk’s site says it is the fifth national brand started by Jack DeBoer, including Residence Inn, Summerfield Suites, Candlewood Suites, and Value Place/WoodSpring.
The Club JAX opening at airport The Club JAX is under construction at Jacksonville International Airport. The city issued a permit Feb. 28 for Auld & White Constructors LLC to build-out the 3,625-square-foot space at a cost of $1.05 million. Club JAX is designed with zones labeled relax, replenish, productivity and kids, along with a concierge and a bar. It will be between the food court and service pet relief area after travelers clear security. The lounge should open in the spring and will be available to all departing passengers, regardless of airline, through either a $40 day pass bought online or at the club or with a Priority Pass membership that comes with several travel credit cards. In addition to
Priority Pass, The Club JAX can be accessed by members of LoungeKey, Diners Club International and the AAA member discount program. Club JAX will offer a complimentary hot and cold buffet that features a seasonal menu rotation that showcases the flavors of Jacksonville. The lounge also offers premium wines, local craft beers, premium spirits and cocktails, all of which are complimentary to guests over 21 years old. The Jacksonville Aviation Authority previously announced that Airport Lounge Development Corp., based in Plano, Texas, will invest at least $1 million to develop, manage and operate the 2,726-squarefoot facility that will have seating for 49 guests.
Preferred Freezer land is sold Willows Development LLC sold 13.04 acres for $1.6 million to Chill Build Jacksonville LLC for the Preferred Freezer Services cold-storage project in Northwest Jacksonville. Preferred Freezer Services, a national refrigerated storage warehouse company, proposes to develop a $46.7 million cold
storage warehouse and create at least 40 jobs. The project is in development by Chill Build Jacksonville LLC of Indianapolis. Chill Build applied to the city for construction of a $43.5 million, 222,834-square-foot cold storage facility on 13.25 acres at 5459 Doolittle Road at North Ellis Road. City Council adopted legislation Feb. 12 to provide $1.2 million in grants to Preferred Freezer Services of Jacksonville II LLC for the project. The project would create the jobs, at an average annual wage of $47,775, by year-end 2021. Willows Development LLC of Jersey City, New Jersey, bought the Doolittle Road property in 2008. Willows Development is affiliated with John Galiher, founder and CEO of Preferred Freezer Services LLC, which is based in Chatham, New Jersey. He signed the deed selling the land to Chill Build. It would be the second Jacksonville facility for Preferred Freezer Services. The first is at 1780 W. Beaver St. KMATHIS@ JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
RESTAURANT NOTES n Two Panera Breads are in development on Regency Centers Corp. properties. The St. Johns River Water Management District is reviewing a permit application for Panera Bread at southwest Crosswater Parkway and Village Lake Drive in Nocatee Town Center. The 3,238-square-foot building is planned on about an acre. At the Shoppes at Bartram Park, the city issued a concurrency reservation certificate for Panera Bread at Old St. Augustine Road near Bartram Park Boulevard. The 4,869-square-foot building is planned on 1.1 acres.
n St. Johns County issued a permit for the interior build-out Salsa’s Mexican Restaurant at 120 Palencia Village Drive, Suite 101, in St. Augustine. It’s a $180,000 build-out of 2,845 square feet.
the site. First Coast Energy L.L.P. is leasing the property to Voto LLC, led by Todd and Virginia Ogletree, who will operated Edley’s. Almond Engineering is the civil engineer.
n The city issued a mobility fee
for the Posting House pub at 2018 Hendricks Ave. in San Marco. Course Contracting LLC is the contractor for the project at a cost of a $120,000. The British-style pub will set up in about 1,500 square feet of space. Its Facebook page calls it an “Englishinspired modern neighborhood bar in
calculation certificate for Edley’s Bar-B-Que at 5344 Ortega Blvd. The 5,800-square-foot, 150-seat restaurant is planned on about a half-acre. The city calculated a fee of $5,800 to mitigate the traffic impact. A gas station was demolished on
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San Marco Square, Jacksonville. Craft brews, select wines & gourmet bites.” The space was formerly the home of Layla’s and then Mezze Mediterranean Grill. The English-themed traditional neighborhood pub will serve beer and wine with limited food options. Zoning documents say it “will offer a contrasting low-key activity to the higher-traffic food and beverage venues presently operating in The Square,” as the historic shopping district is called. The Posting House said there is no provision for a full kitchen in the space.
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Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, March 7, 2019 • Page 5
JEA spent millions to keep HQ operating
DAVID CAWTON ASSOCIATE EDITOR
Utility is considering proposals for a new headquarters.
MAKING REPAIRS
Jacksonville’s public utility spent more than $8 million the past 10 years to keep its aging Downtown headquarters campus functional. JEA provided records for fiscal years 2009-18 showing that money was spent on preventive and corrective maintenance projects to keep the building habitable and operational. The data includes expenditures for the 19-story tower and six-story customer service center at 21 W. Church St. and a six-level parking garage across the street. JEA is the largest municipal utility company in Florida and the 10th largest in the country. It serves more than 1 million combined electric, water and wastewater customers. The combined 337,660-square-foot campus has been home to its 760 corporate employees since JEA purchased the 52-year-old
A breakdown shows $3.9 million was spent on the tower since 2009. JEA spent about $1.2 million on heating, ventilation and air conditioning issues, the largest share of the $1.6 million in total HVAC costs throughout the campus. JEA paid a little more than $1 million in 2010 to repair and replace HVAC systems in the tower and customer care center. In 2012, more than $357,000 was spent on chilled water systems. The company paid nearly $900,000 throughout the site since 2009 to upgrade security systems like interior and exterior surveillance cameras, lighting, employee access infrastructure, fire alarms and other equipment. Security overhauls in 2010 and 2014 account for $648,400 of those costs. The largest expense categories comprise structural,
building and roofing repairs totaling more than $5.4 million among the three sites. A parking structure restoration project in 2010 cost $1.7 million along with about $803,000 on roofing and waterproofing at the tower. In 2016, the utility spent $325,307 on structural repairs, primarily on elevator restoration at the tower. “That’s just the duct tape and chewing gum approach,” said Zahn. “That’s not actually solving the problems. It’s just getting a little longer life cycle out of the buildings,” he said. The repairs do not include day-to-day expenses. According to a utility spokesperson, JEA spent an average of $128,783 per month over the past three years on operating costs. Zahn, who the board installed as CEO in November, said those amounts are much lower than what is needed to upgrade the campus for a longer life span. “It’s what we’ve actually spent, what we would need to spend to upgrade the facility and the risk if we don’t find a new headquarters,” he said. In 2016, JEA commissioned a study with the help of Fairlead Commercial Real Estate LLC., The Haskell Company and England-Thims & Miller Inc. that investigated the costs of building a new headquarters versus upgrading the existing one to last another 20 years. The renovation scenario
presented obstacles JEA said were cost prohibitive. It concluded the campus is too large for JEA’s 760 employees and that “many unknown conditions create the need for a large contingency.” The study determined JEA would need to spend $98 million on capital expenditures just to maintain the campus. That route includes building a new headquarters after year 21 at a higher cost compared to pursuing new construction earlier. At the time, JEA concluded it would cost about $68 million to build a new corporate home. OTHER CHALLENGES
One of the biggest challenges Zahn said JEA faces with the current headquarters is the risk of systems failing and services being interrupted. “If we have business interruption due to our headquarters, it could cost us over $100 million each month,” Zahn estimated. “We’re taking a lot of steps in the meantime to be more conscientious of business interruption risks, but at the end of the day that’s a driver,” he said of pursuing new construction. Another issue is employee morale. “We already ask our employees to do a lot,” he said. “We ought to at least give them a safe, reliable and modern working environment so they can focus 100 percent of their time on serving the customer.”
THE FUTURE
During the week of April 8, the JEA board of directors will choose how to proceed with a new corporate headquarters. The board is expected to reach a decision from a field of three proposals received in January. The finalists are sites near TIAA Bank Field; adjacent to the Kings Avenue parking garage on the Southbank; and Downtown near the Duval County Courthouse and State Attorney’s Office. JEA’s procurement code allows the board to keep key financial details of those proposals confidential while it negotiates with each firm. “It’s an opportunity for us to truly change the culture and drive our employees to interface with our customers in a way that many utilities currently don’t do yet,” Zahn said. He had no updates on negotiations. Following a Feb. 5 meeting, JEA board Chair Alan Howard said the policy allows JEA to negotiate the best price while not putting those firms at a competitive disadvantage. “We’ve not established a maximum budget,” Howard said after the February meeting. “The goal here is to get the best value for JEA, its customers and the community.”
THE CAWTON REPORT
buildings in 1988. The utility has spent a little more than $8 million on repairs since 2009, which JEA CEO and Managing Director Aaron Zahn said is one reason executives and the board of directors want to build a new campus. “It certainly sounds like a significant amount of money for a building that you own just to maintain it,” Zahn said Tuesday. “What it’s not accounting for is all the deficiencies in the building,” he said.
DCAWTON@ JAXDAILYRECORD.COM @DAVIDCAWTON (904) 356-2466
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Jacksonville Daily Record/Jacksonville Record & Observer
THE BASCH REPORT
New businesses boost Times-Union owner
MARK BASCH CONTRIBUTING WRITER
New Media Investment Group sees revenue jump 13.7 percent. New Media Investment Group Inc., owner of The Florida Times-Union and 145 other daily newspapers, is growing revenue, but not because of its newspaper business. New Media, which operates its newspapers through its GateHouse division, reported 2018 revenue rose by 13.7 percent to $1.526 billion. “This was driven by a continued diversification of our revenue away from traditional print advertising,” CEO Michael Reed said last week in the company’s quarterly conference call with analysts. “Print advertising made up only 41 percent of total revenue in 2018 and that compares to 48 percent just two years ago in 2016,” he said. Reed said New Media’s revenue growth was driven by its GateHouse Live and Promotions division, an events and promotions business, and UpCurve, which provides technology solutions for small and medium-size businesses. The company has been marketing those businesses in communities it also serves with newspapers. Reed said those businesses grew revenue by more than 30 percent last year. “They have now grown into a meaningful revenue stream for us, and we believe we will continue to see similar growth going forward from them,” he said. “Importantly, all of these new businesses are also cash flow positive with marginexpansion opportunity ahead.” Meanwhile, print advertising dropped 13.7 percent on an organic same-store basis, meaning newspapers that were owned for more than one year. Print advertising has been
File image
Sunday circulation of The Florida Times-Union was down 21 percent in 2018, but revenue at its parent company rose 13.7 percent.
impacted by the struggles of some major retailers, Reed said. “Retail sales continue to migrate away from brickand-mortar stores to online retailers and that forces them to contract their advertising spend, and we saw that in the fourth quarter,” he said. Also, “we saw several highprofile bankruptcies among retailers during the quarter, which dampened preprint revenues,” he said. Fourth-quarter print advertising revenue decreased 15 percent on a same-store basis. Declining circulation also is impacting the print business. Same-store circulation revenue fell by 2.2 percent last year. In its annual report filed last week, New Media said the Times-Union’s Sunday circulation fell 21 percent to 46,988, down from circulation of 59,275 in the 2017 annual report. Another New Media newspaper, the St. Augustine Record, had Sunday circulation of 9,908, according to the 2018 annual report. The 2017 report did not give a figure for the Record. The annual reports also show a decline in traffic on the newspapers’ web sites. The 2017 annual report said jacksonville.com had 10.4 million monthly page views and staugustine.com had 1.5 million. The 2018 report showed 5.8 million page views per month for the Times-Union site, a 44 percent drop, and 1 million for the Record, a 33 percent decline. New Media bought the Times-Union, the Record and nine other daily newspapers and other properties from
Morris Publishing Group in 2017.
Publix results rise Publix Super Markets Inc. on Friday reported that fourthquarter adjusted earnings rose 21.7 percent to $660.3 million, or 92 cents a share. Sales rose 3.8 percent to $9.3 billion and comparable-store sales rose 1.1 percent. The Lakeland-based supermarket chain also said its stock price increased from $42.70 on Nov. 1 to $42.85 on March 1. Publix’s stock is not publicly traded and is made available for sale only to employees. Its stock price is determined five time a year by the board of directors, based on an independent valuation.
Tegna helped by political ads Another media company that operates major Northeast Florida properties, Tegna Inc., reported a big increase in fourth-quarter earnings last week. The operator of 49 television stations, including WTLV TV-12 and WJXX TV-25 in Jacksonville, reported adjusted earnings of 74 cents a share, more than double the previous year’s earnings of 32 cents. Like other companies operating TV stations, Tegna was helped by the November elections. Total revenue in the quarter jumped 31 percent to $642 million with political revenue reaching $140 million, a 51 percent increase from the 2014 mid-term election season. Tegna’s stock rose as much as $2.41 to a 52-week high of $15.58 Friday after the report.
Tegna’s annual report filed last week also indicated concern about safety at its television stations. “Several initiatives have been undertaken this year to enhance the physical security at local Tegna stations,” it said. One of those initiatives was “improved access control and fencing at WTLV Jacksonville,” the report said. WTLV and WJXX operate out of the same building near Jacksonville’s Downtown sports complex.
Interline Brands related charge hits Home Depot
The Home Depot Inc.’s fourth-quarter earnings were reduced by a one-time charge associated with its Jacksonville-based subsidiary, Interline Brands. The Atlanta-based home improvement retailer said it incurred an after-tax charge of $184 million, or 16 cents a share, “due to an impairment loss related to certain trade names at Interline Brands.” The company did not announce details on the trade names. However, Home Depot spokesman Stephen Holmes said by email the write-off is an accounting issue related to integration efforts, as it markets all of its products for maintenance professionals under the “Home Depot Pro” banner. Interline markets and distributes maintenance, repair and operations products nationwide. It marketed those products under a number of brand names after several acquisitions when it was an independent company. Home Depot acquired Interline for $1.625 billion in 2015. Even with the Interlinerelated charge, Home Depot’s earnings for the fourth quarter ended Feb. 3 rose 32 percent to $2.3 billion, or $2.09 a share. Total sales rose 10.9 percent to $26.49 billion and comparable-store sales (sales at stores open for more than one year) rose 3.2 percent. However, sales were below the consensus forecast of $26.56 billion from analysts surveyed by Zacks Investment Research. Home Depot blamed bad winter weather, which tends to delay home improvement projects, for the lowerthan-expected sales.
The sales miss and a gloomy outlook for the home buying market, which impacts Home Depot’s business, sent the company’s stock down as much as $9.53 to $182.86 last week.
Web.com names a new CFO Web.com Group Inc. continues to shake up top management after a private equity buyout last year. The Jacksonville-based provider of website development services for businesses Monday named Christina Clohecy as its new chief financial officer. Clohecy had most recently been CFO of Stratus Technologies Inc., which was acquired by an affiliate of Siris Capital Group in 2014. Web.com was acquired by an affiliate of private equity firm Siris in October. Clohecy succeeds Jennifer Lada, who joined Web.com in 2017 and had only been CFO since July. Former Web.com Chief Executive Officer David Brown retired after the buyout and was succeeded by Sharon Rowlands, who joined the company as CEO in January.
Hurricane puts St. Joe in the red The St. Joe Co. last week reported a fourth-quarter net loss of $66,000. The real estate development company, which moved its headquarters from Jacksonville to WaterSound in the Florida Panhandle in 2010, said its results included $1.4 million in net expenses related to Hurricane Michael. That major storm impacted the Panhandle region in October. “Our 2019 strategic plan includes making investments that we believe will contribute towards our future growth, particularly in real estate projects that provide recurring revenue,” CEO Jorge Gonzalez said in a news release. “The potential 2019 projects are in different stages of approval or design. Our team is working with planners, architects and engineers as well as, in some cases, potential joint venture partners to quickly initiate development or construction on these needed projects,” he said. MBASCH@ JAXDAILYRECORD.COM
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Thursday, March 7, 2019 • Page 7
REAL ESTATE
Top 10 sales of the week BY SCOTT SAILER • EDITORIAL RESEARCH DIRECTOR
Here are the top 10 real estate sales in Northeast Florida, comprising Baker, Clay, Duval and St. Johns counties. The sales were recorded Feb. 25-March 1.
File image
Avesta San Jose Apartments sold for $12.1 million, 252 percent more than the $3.4 million it sold for in 2012.
$12,070,000
$9,790,000
$7,700,000
$7,000,000
$4,096,236
3534 Smithfield St., Jacksonville, Duval County
2230, 2250,and 2255 U.S. 1 S. and 146 Cornell Road, St. Augustine, St.Johns County
1910 Wells Road, Orange Park, Clay County
116 Blackford Way, St. Augustine, St. Johns County
Picketville Road, Jacksonville, Duval County
Type: Avesta San Jose Apartments Size: 8.7 acres Buyer: JAX San Jose Apts LP Seller: 3534 Smithfield LLC Previous sale: $3,425,000 in 2012
Type: Jack Wilson Chevrolet and Jack Wilson Buick GMC Size: 12.45 acres Buyer: H3 St. Augustine LLC Seller: Jack Wilson Chevrolet Inc., Jack Wilson Chevrolet Buick Inc., Tahoe Limited, Blazer LLC, Yukon Limited, Yukon Ltd., and Yukon Limited LLC
Type: Commercial retail Size: 18 acres Buyer: TF Orange PK LLC Seller: Sears, Roebuck and Co.
Type: Walgreens Size: 1.63 acres Buyer: 7421 Williamson Florida LLC and 10691 Davidson Florida LLC Seller: Agree St. Augustine Shores LLC
Type: Undeveloped commercial Size: 9.38 acres Buyer: TT of Picketville Inc. Seller: N.G. Wade Investment Co.
$3,000,000
$1,826,600
$1,500,000
$1,470,000
$1,326,000
1481 and 1491 Wells Road, Orange Park, Clay County
7589 Plantation Bay Drive, Jacksonville, Duval County
218 Pablo Road, Ponte Vedra Beach, St. Johns County
176 16th St., Atlantic Beach, Duval County
Henley Road, Green Cove Springs, Clay County
Type: Commercial retail Size: 3.73 acres Buyer: Hanania Investments 6 LLC Seller: Ash Tisdelle Inc.
Type: Vacant residential Size: Not available Buyer: Arlington Collins Road LLC Seller: Redus Florida Land LLC
Type: Single-family Size: 0.69 acres Buyer: Sophia Chan, Robert F. Cullen and Renee Cullen Seller: Jennifer R. Burnett Previous sale: $600,000 in 2002
Type: Single-family Size: 0.11 acres Buyer: Mary and William Orr Seller: Gregory D. and Victoria L. Martin Previous sale: $1,095,500 in 2013
Type: Timberland Size: 58.79 acres Buyer: Village Park REI LLC Seller: AY Ventures Inc.
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These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville. AMUSEMENT RECREATION Johns Creek Homeowners Association Inc., 12890 Ellis Island Drive, contractor is Frank’s Pool Services Inc., resurface pool, $50,614. OFFICE, BANK, PROFESSIONAL Margaret Street LLC, 1107 Margaret St., contractor is Tenant Contractors Inc., 2,614 square feet, tenant build-out, $188,238. 1661 Riverside Condominium Association Inc., 1661 Riverside Ave., contractor is Security Vault Works Inc., renovation, $41,189. ROOFING Taylor Home Health Care Inc., 6599 Chester Ave., contractor is Barber & Associates Inc., roof over existing, $572,000. Ferguson Enterprises Inc., 1153 Philips Highway, contractor is Barber & Associates Inc., roof over existing, $300,000. Westland Joint Venture, 6000 Lake Gray Blvd., contractor is McCurdy-Walden Inc., roof over existing, $145,585. New Hope Church of the Nazarene Inc., 320 Clark Road, contractor is Romano Brothers Roofing Inc., roof replacement, $43,960. Camelot Logistic Solutions LLC, 8505 Baycenter Road, contractor is Metro Property Services Inc., roof replacement, $416,650. SIGNS E Two Holdings Ltd., 4160 Southside Blvd., contractor is Novalux Signs Inc., ground sign, $30,000. Yoga Den, Good Chai Coffee, 8789 San Jose Blvd., No. 101, contractor is Novalux Signs Inc., two permits for wall signs, $3,850. Shell, Food Mart, 2309 Edgewood Ave. W., contractor is Aluminum Plus LLC, three permits for ground and canopy signs, $2,000. UTILITIES Verizon Wireless, 16000 Yogi Bear Lane, contractor is Comstruct Services Inc., cell tower equipment upgrade, $75,000.
Jacksonville Daily Record/Jacksonville Record & Observer
Lawsuit CONTINUED FROM PAGE 1
On March 15, 2013, authorities raided 50 of Allied’s internet cafes and arrested 57 people on charges that the operation was conducting organized gambling. Mathis, who had prevailed on behalf of his client in two court actions in Seminole County on the ground that what Allied was operating was a sweepstakes, also was arrested at his office in Jacksonville. His confidential records were seized, many of which were related to his client, Allied. The state accused Mathis of being the “mastermind” of the operation and held him in custody for four days in Seminole County before he was released on bail. Of the 57 people arrested, some had their charges dropped and others
VyStar CONTINUED FROM PAGE 1
going to be able to give our departments room for growth,” Wolfburg said. “We saw we could fit the individuals we needed to now, but not for our future needs, two or three years down the road,” he said. Wolfburg said the West Bay Street building eventually will house 200300 lending specialists, although the design is in the early stage. Profit planned to redevelop the 56-year-old building into an 89-room Hotel Indigo with ground-floor retail and rooftop dining. He received design approval in May from the Downtown Development Review Board. Profit purchased the site at Laura and Bay streets for $3 million in 2013. He could not be reached for comment Wednesday. “What worked for us is what worked
reached plea agreements with the state to avoid prosecution, except Mathis, who was confident he would be found innocent of wrongdoing at trial. However, Mathis was found guilty and sentenced to six years in prison. He remained free while appealing the verdict. With the guilty verdict, The Florida Bar was required to suspend Mathis’s license to practice. The 5th District Court of Appeal reversed the conviction and sentence and remanded Mathis for a new trial. Bondi’s office then sought the state Supreme Court’s jurisdiction to appeal the ruling of the federal court, which was denied. At that point, the state decided it would not try the case again and dismissed all charges against Mathis. The Florida Bar then reinstated him retroactively after he had been sus-
for him,” Wolfburg said of VyStar’s purchase of the property. “We knew if another project happened there we would never have the opportunity to get it again.” Wolfburg said VyStar hopes to begin work on the building this year, with construction rolling into 2020. He said it was too early to disclose construction costs. “It’s going to be a complete gut rehab, from the windows to the roof and everything in between,” he said. VyStar is mindful of the building’s historic status as it begins design work, he said. The credit union is building-out its new corporate headquarters next door at 76. S. Laura St. The credit union bought the former SunTrust Tower and a nearby parking garage along Hogan Street in July for $59 million. The company plans to bring at least 900 employees Downtown this year, with the first wave coming later this spring. “That’s progressing very well,” he
pended for nearly four years. Mathis said Wednesday he is asking a jury to award him $50 million in damages for the loss of his law business and damage to his reputation. He’s also filing the case, he said, to make the point that an attorney can’t be prosecuted for giving advice to a client and that communication between an attorney and a client is confidential. Without the protection of attorneyclient privilege, “how could any attorney practice law? That should be sacrosanct,” said Mathis. He will represent himself when the case comes to trial. “The reality is this case is probably too complicated for anyone else,” Mathis said. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
said of the tower. “We’ve completed a lot of core work, done demo on about six floors and we’re now starting on design in advance of the build-out of our ground-floor branch.” Programming for the alleyways between the buildings and the parking garage is being determined, but Wolfburg said to expect VyStar to focus on amenities for employees and the public. The 100 W. Bay St. building has one tenant, Peterbrooke Chocolatier, which Wolfburg said will remain. “We want to create a campus feel for our employees and we want to be good corporate citizens in Downtown,” Wolfburg said. “Activating street-level retail in our buildings with shops and restaurants is part of that,” he said. DCAWTON@ JAXDAILYRECORD.COM @DAVIDCAWTON (904) 356-2466
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Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, March 7, 2019 • Page 9
Six selected for judicial vacancy ASSOCIATE EDITOR
A
fter interviewing 18 applicants Tuesday to succeed retiring Circuit Judge John Skinner, the 4th Circuit Judicial Nominating Commission certified six nominees and submitted their names to Gov. Ron DeSantis. The nominees comprise a Duval County judge, a Duval County magistrate, two lawyers who work for the state and two attorneys in private practice. They next will be interviewed by the governor’s staff in Tallahassee. Under state law, DeSantis has 60 days to appoint one of the nominees, or he may ask the commission to submit additional candidates.
MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
Galen Bauer
Meredith Charbula
Michael Fackler
Partner, Spohrer Dodd Age: 40
Duval County judge Age: 61
Bauer was a clerk at the Spohrer firm while in law school, then joined the firm as an associate. Named a partner in 2009, he primarily practices personal injury and wrongful death litigation. Bauer said in his interview that he was led to apply for Skinner’s post, his first application for a judicial vacancy, because he “feels a calling” to government service. Asked if the financial impact of leaving private practice to join the bench would be a concern to him and his family, Bauer said he realizes that becoming a judge would mean a cut in pay. However, he said, he went to law school with the “intention to make a living, not to get rich.”
Charbula was appointed to the bench in Duval County Court in November 2017. She is a former assistant state attorney, a former assistant attorney general for the state of Florida and an honorably discharged veteran of the U.S. Army. In her interview, Charbula said hearing civil cases was a “learning curve” after practicing exclusively criminal law as an assistant state attorney. Another difference from being a state attorney is that county court is where people come to resolve disputes. Charbula cited evictions when the tenant simply doesn’t have enough money to pay the rent as an example. “My duty is to follow the law, and I’ve done that, but sometimes it’s harder than I thought it would be,” she said.
Shareholder at Milam, Howard, Nicandri, Gillam & Renner Age: 47
Robin Lanigan
Julie Taylor
David Tucker
4th Circuit general magistrate and hearing officer Age: 49
Court counsel for the 4th Judicial Circuit Age: 47
Regional Counsel. Northeast Region, Florida Department of Children and Families Age: 56
Lanigan was in private practice specializing in family law until she was appointed general magistrate in October 2016. She hears cases involving dissolution of marriage, child support, custody, paternity, adoptions, Baker Act and Marchman Act proceedings. Lanigan said in her interview that she recently observed the three-day state Judicial College for newly elected and appointed judges. She said she learned about how bias can affect the judicial process and that it helped her be better prepared to deal with people who represent themselves in court. Lanigan said that if appointed to the circuit bench, “criminal law is an area I don’t know and I would have to learn it,” she said.
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Taylor is a former assistant public defender, private practice attorney and assistant state attorney. In her role as court counsel, she assists the chief judge, circuit judges and county judges with the administration of court-related functions such as researching and writing administrative orders and advising the court on contract and human resources matters. She was a nominee in December for a vacant seat on the Duval County Court and was interviewed in Tallahassee by the governor’s staff attorneys. “It was a little intimidating. I treated it like a meeting with people I hadn’t met before,” Taylor said Tuesday. She said her background including experience as an assistant state attorney and assistant public defender, private practice and her current role as the in-house lawyer for the judges in the 4th Circuit has prepared her to serve on the circuit bench.
Fackler joined Milam Howard as an associate in 2007 and became a shareholder in 2016. In his interview, Fackler was asked his thoughts on how judges should interact with people who represent themselves in court without an attorney (pro se) and whether they should receive advice from the judge during the proceedings. Fackler said that in his opinion, a judge’s job is to ensure a fair trial and “it might require explaining something to a pro se litigant.” He also said that if appointed to the circuit court, he intends to remain on the 4th Circuit bench even if a vacancy opened on the 1st District Court of Appeal in Tallahassee. “I’m not looking to move outside of Jacksonville,” Fackler said.
Since he was admitted to the Bar, Tucker has spent most of his career with state agencies, including the Department of Agriculture and Consumer Services, the Florida Senate and currently, the Department of Children and Families. He became regional counsel at DCF in 2009 and in 2013 was board-certified by The Florida Bar in state and federal government and administrative practice. Taylor said in his interview that his role as a DCF hearing officer is “much like a judge for specific types of matters.” He said that if appointed to the circuit bench he would take office understanding that “being a judge doesn’t give you a magic wand to fix everything.”
THE COURTS & LAW
BY MAX MARBUT
Page 10 • Thursday, March 7, 2019
THE BAR BULLETIN
Jacksonville Daily Record
Bar Bulletin The
PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM
PRO BONO FROM THE PRESIDENT
New leadership, but a familiar face at the JBA
INSIDE
COMMENTARY
Mediation: Five keys to success An effective mediator adds great value, perspective and momentum to settlement dialog. PAGE 12
ON THE BENCH Photo by Max Marbut
From left, former Jacksonville Bar Association Executive Director Jim Bailey, his successor, Craig Shoup, and Circuit Judge Katie Dearing, president of the association.
With Jim Bailey exiting, Craig Shoup is named the association’s executive director.
W
KATIE DEARING JBA PRESIDENT
hen I began this year as your president, I had several goals, including to address health and wellness issues in our profession, to renew the Bar’s focus on committees and to help members approach issues facing our community through a more informed lens. I had another, not-so-secret mission: Make sure Executive Director Jim Bailey stayed through the end of my term. I almost achieved that goal. But the good life calls to my friend Jim and it is time to relinquish our monopoly
on his “retirement.” After 18 months, Bailey, whose leadership of the Bar never was intended to be permanent, is stepping down, having achieved the objectives tasked to him. Under his leadership, the Bar’s membership has grown, we have more sponsors offering more benefits to members and the Bar has found a new home that should be more member-focused (more on that soon!). In addition to these measurable achieveSEE DEARING, PAGE 15
A judge’s path to the bench Two women were inspirational in Erin Perry’s decision to become a lawyer. PAGE 14
COMMENTARY
Intellectual property help Has anyone sought your advice about an original idea? The Finance, Intellectual Property & Technology Law Committee can help. PAGE 14
YOUNG LAWYERS
Improve your skills, young lawyers: Join us at the Bar Take advantage of the opportunities for professional development.
ASHLEA EDWARDS JBA YOUNG LAWYERS SECTION BOARD OF GOVERNORS
In Florida, there are approximately 28,000 young lawyers practicing law, including nearly 2,000 who entered the profession last year. Many attorneys who are under 35 or have been practicing less than five years are in the 4th
Judicial Circuit. While the number of young lawyers is growing, so are their needs. In the first few years of practice, attorneys should be growing at an exponential rate to become more well-rounded, knowledgeable and professional attorneys. This is not always the case. Many young attorneys find themselves isolated, without a mentor and without an idea of where to go or how to ask for
advice. To make the transition to practice less stressful, Bar associations provide resources to young lawyers, such as continuing legal education credits, facilitating connections with judges, mentors or other young lawyers in the community and giving back to local charities. Being involved in state and local Bar associations also helps to improve a young attorney’s skills to communicate, lead, solve problems or make deci-
sions – skills that attorneys might not otherwise gain in the first few years of practice. The Jacksonville Bar Association Young Lawyers Section organizes events to benefit local charities through which young lawyers work together on committees alongside the representatives of the charity. The young lawyers on each committee don’t just collaborate with one another but work with SEE YLS, PAGE 15
THE BAR BULLETIN
Jacksonville Daily Record
Thursday, March 7, 2019 • Page 11
TUESDAY JUDICIAL RELATIONS Noon, Duval County Courthouse, Room 6174 Register at jaxbar.org MARCH 15 SOLO & SMALL FIRM Noon, Jacksonville Bar Association Register at jaxbar.org MARCH 19 ADR Noon, Florida Coastal School of Law Register at jaxbar.org MARCH 20 PRO BONO Noon, 20West Café Register at jaxbar.org MARCH 21 LAW WEEK Noon, Jacksonville Bar Association Register at jaxbar.org Special to the Daily Record
Long-term disability: What you need to know
ERIK BERGER JBA SOCIAL SECURITY LAW COMMITTEE CHAIR
Many claimants are required to apply for Social Security disability and follow strict procedural deadlines. According to a 2016 survey, approximately 40 percent of Americans have privately purchased disability insurance or a disability policy offered through their employer. Since Social Security disability benefits, on average, provide approximately one-third of the amount of the average disabled worker’s paycheck, and since many people live paycheck to paycheck without substantial savings, the successful presentation of a long-term disability benefits claim is critical to maintaining the worker’s financial and personal stability. A 2017 study of bankruptcy court records demonstrated that more than 40 percent of mortgage foreclosures are attributed, at least in part, to disability. LTD benefits obtained as a benefit of employment are paid to beneficiaries whose disability is expected to last more than a few months. Generally speaking, most workers may be entitled to LTD benefits for up to two years if they are unable to work at the job they were performing when they became disabled, and even permanently, if the worker’s disability results in an inability to perform any gainful employment. In almost all cases involving a disability policy purchased by the employer, the worker will be required, as a condition of receiving LTD benefits, to apply for
THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President T. A. “Tad” Katie Dearing Delegal III DelegalCircuit Fourth Law Offices Judge
Secretary MichelleFox Michael Bedoya Orr Barnett Alexander Dawson | Orr DeGance Barnett
President-elect Katie L. Dearing Elizabeth Ferguson The Dearing Marshall Dennehey Law Firm Warner Coleman & Goggin Treasurer Elizabeth B. Ferguson Treasurer Marshall Bedoya Michelle Dennehey Barnett Warner Coleman &DeGance Alexander Goggin Barnett
Young Lawyers Section President Alexandria Jessica Byrne V. Hill Maple Street Dawson | Orr Biscuit Co. Executive Director Jim Bailey, (904) 399-4486 Interim Executive Director Carla Ortiz-Ramos
Social Security disability. However, if the policy is purchased privately, most policies provide disability benefits on the sole basis that the policyholder is unable to perform their past job. One way that claims for LTD benefits differ from Social Security claims is that they are adversarial cases, where the employer and/or insurance company has claims adjusters, doctors, vocational experts and other experts who provide evidence against the worker’s interest. So, even though the “HR person” at the company may be, in fact, a “very nice person,” this should not lull the worker into forgetting that, in the end, the employer and its insurance company always will look out for itself first. The terms of disability policies differ, but in most cases an LTD case can be successfully filed only after a claim for short-term disability has been successfully filed. In most cases, the short-term disability claim must be filed within 20 to 30 days of the date that disability is alleged. A claim for LTD benefits is then filed to coincide with the ending of the short-term disability that already has been awarded. If the LTD claim is denied, the claimant has 180 days to file an appeal. This may seem like a long time, but all evidence must be submitted when this appeal is filed. If the claim is again denied after the appeal, the worker’s last chance is an appeal to a federal district court. Because of the strict procedural deadlines, the need to submit evidence in a timely fashion, and the need to develop a persuasive narrative establishing that the worker is “disabled” based on the law and the evidence, it takes careful, strategic planning to anticipate the legal arguments and medical opinions that will be brought to bear against the worker. A worker who thinks they may be entitled to LTD benefits, in my opinion, needs to be guided from the beginning by someone knowledgeable and dedicated to solving the difficulties of the disabled worker.
MARCH 25 ESTATE PLANNING & TAX LAW Noon, Cantina Laredo Register at jaxbar.org MARCH 29 HEALTH & WELLNESS Noon, Jacksonville Bar Association Register at jaxbar.org
UPCOMING EVENTS MARCH 21 YOUNG LAWYERS SECTION HAPPY HOUR 6 p.m., Culhane’s Irish Pub Register at jaxbar.org MARCH 27 JACKSONVILLE BAR ASSOCIATION MEMBER LUNCHEON 11:45 a.m., DoubleTree Register at jaxbar.org MARCH 29 PRESENTATION OF THE PINS CEREMONY Noon, Duval County Courthouse jury assembly room Attorneys in our circuit who have performed at least 20 hours of pro bono service in the previous calendar year are recognized at the annual Presentation of the Pins Ceremony. Your hours have already been submitted if you provided services through Guardian ad Litem, Jacksonville Area Legal Aid, the JBA Attorney Ad Litem Project, the Northeast Florida Medical Legal Partnership, the Office of Public Defender Special Assistant Public Defender Program or Three Rivers Legal Services. However, if you provided at least 20 hours of pro bono service outside the scope of one of these programs, email Missy Davenport at Missy.Davenport@jaxlegalaid.org to inform us of your service so you can be honored at the ceremony.
ERIK BERGER IS THE MANAGING PARTNER, LONGTERM DISABILITY AND SHORT-TERM DISABILITY DIVISIONS OF OSTERHOUT BERGER DISABILITY LAW.
BOARD BOARD OF OF GOVERNORS GOVERNORS MEMBERS MEMBERS Fraz Fraz Ahmed Ahmed The Coker LawLaw Offices of Eric S. Block
Blane Blane McCarthy McCarthy Blane Blane McCarthy McCarthy
Michael Michael I. I. Bateh Bateh Office Office ofof the the Public Public Defender Defender
Michael AsgharF.A.Orr Syed Dawson Gunster | Orr
Brian Brian T. T. Coughlin Coughlin Bedell Bedell Firm Firm
Asghar CyndyA.Trimmer Syed Smith Driver, Hulsey McAfee, & Busey Hawthorne & Diebenow Lindsay L. Tygart Coker, Lindsay Schickel, L. Tygart Sorenson, Coker Law Posgay, Camerlengo & Iracki
Christian Christian P. P. George George Akerman Akerman
EDITORIAL EDITORIAL COMMITTEE COMMITTEE Editor-in-chief Editor-in-chief Cynthia Kelly Trimmer Karstaedt Driver, McAfee, Karstaedt Peek&&Stanko Hawthorne Editors Iana Iana Benjamin Benjamin Darlington Darlington Jordan Jordan Law Law Dave Dave Chauncey Chauncey Alexander Alexander DeGance DeGance Barnett Barnett Ashlea Ashlea Edwards Edwards GrayRobinson Akerman
Kelly Jessica Karstaedt Byrne Karstaedt Dawson&| Orr Stanko Adina Kirsten Pollan Oliver Pollan Steve Legal Watrel, P.A. Adina Pollan Pollan Legal
JBA CALENDAR
COMMITTEE MEETINGS
COMMENTARY
Page 12 • Thursday, March 7, 2019
THE BAR BULLETIN
Jacksonville Daily Record
COMMENTARY
Five keys to success at mediation
BLANE MCCARTHY JBA BOARD OF GOVERNORS
Before employing methods to attain success, the goals to pursue. As a certified circuit mediator for more than 18 years, I often am asked how to make the mediation experience a success. My recent presentation on this topic to the Jacksonville Bar Association’s Probate Committee has truths that apply to any type of mediated dispute. “Success” is understood as advancing or achieving a goal. Before you can employ methods for attaining success, you must identify the goal to pursue. While dispute resolution is the most common, it is not the only goal of mediation. Others include obtaining informal discovery, presenting a “show of force,” purposefully underwhelming your opponent to inspire a false sense of security, learning the best offer or demand, assessing risk and even simply complying with a court order. Presuming that your goal is dispute resolution, here are five keys to having a successful mediation. KEY 1: BE PREPARED
Review relevant data and documents before your mediation conference. Have pertinent items with you at the conference, organized so that questions can quickly be answered. Whether you are truly paperless or just reducing paper, bring your laptop or tablet along with your traditional file. Preparing your file not only reminds you of salient details, but also conveys an aura of control, knowledge and preparation that will impress your adversary, the mediator and most importantly, your client. A sloppy
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lawyer with a sloppy file does not earn favorable client reviews or referrals. KEY 2: PREPARE YOUR CLIENT
Set appropriate expectations for your client, who likely is inexperienced in mediation. Meet with your client before the mediation to ensure you are in agreement on strategies and goals. Warn your client about the negative factors that you expect to be raised by the other side. Eliminate “bottom line” mentality and foster in your client’s mind negotiation flexibility so the mediation process can have maximum impact.
KEY 3: PREPARE YOUR MEDIATOR AND OPPONENT
Despite the local administra-
tive order directing otherwise, I rarely get mediation statements. While mediators can adapt to flying blind, most opposing parties cannot. If your goal is to resolve the claim, send a mediation statement early to the mediator and opponent. Prudent parties evaluate a claim’s value and risks well in advance of the actual mediation conference. If you have powerful documents or information that impacts the claim’s valuation or risk potential, share it early and in writing. Delivering a smoking gun at mediation rarely will result in a settlement at that mediation conference. Save your surprises for birthday parties, not mediations.
KEY 4: LET YOUR CLIENT PARTICIPATE
Given that very few disputes go to trial, your client probably won’t get a true day in court. Let mediation serve that purpose. While you may wish to control the messaging in joint session, allow your client to freely share during the private caucuses. Mediation is not a spectator sport, so don’t relegate your client to that role. The more your client participates in the conference, the more likely he or she will be to agree to the outcome.
KEY 5: CLOSE THE DEAL
A mediated settlement agreement is worth nothing if it is not enforceable. If reaching a resolution is important, memorializing that agreement is imperative.
Ignore your fatigue or growling stomach. Finish the task right then, not later. You worked hard to reach an agreement. Make sure that hard work is not wasted by procrastinating on the final, culminating task. An effective mediator adds great value, perspective and momentum to settlement dialog. But true success at mediation is not likely achieved unless a well-prepared lawyer has a wellprepared file and a well-prepared client, whose participation contributes to an outcome that is memorialized before the parties leave the conference. BLANE MCCARTHY IS A SOLE PRACTITIONER WHO REPRESENTS INJURY VICTIMS AND SERVES AS A CERTIFIED CIRCUIT MEDIATOR.
LEGAL BRIEFS
Need CLE hours? Check out the JBA website
The Jacksonville Bar Association has a CLE video library where you can purchase online CLE presentations and get those CLE credits you need in the convenience of your home or office. You may choose from as few as 0.5 CLER hours to as many as 8.0 CLER hours, including various certification hours. Just select the videos that correspond with the CLE credits you need, purchase them, watch online and submit for credit. Topics include family law, technology law, transactional law and professionalism for new practitioners. Visit jaxbar.org/store
Upcoming CLEs MARCH 13 The Professionalism Conference at The Players 8 a.m., TPC Sawgrass. 4.0 CLE/ethics pending accreditation by The Florida Bar. Join us for a top-notch professionalism seminar and an exciting day at The Players Championship. Attendees will receive quality presentations, light breakfast, lunch, parking at TPC and access to the Championship Club, which features air conditioning, private restroom facilities, snacks and beverages, including an open bar. Conference topics: n Professionalism: Past, Present & Future. n The Grievance Process: Asking
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Permission, Not Forgiveness. n Understanding the Issues: An Explanation of How to Create & Maintain Long Term Careers for Women in the Law. n How to be a Rainmaker. Seating is limited. Walk-ins are not permitted at this event. Admission is $225 for JBA members and $299 for nonmembers. Register at jaxbar.org
The driving force behind this organization is the active participation of its members. Please give the association the benefit of your ideas and talents by volunteering to serve on one or more of the committees shown on the JBA website. With your active involvement, this association will flourish. To join or change your committee preferences, open your web profile at jaxbar.org and click on “Join a Committee.”
THE BAR BULLETIN
Jacksonville Daily Record
Thursday, March 7, 2019 • Page 13
PRO BONO
Family law case brings resolution, support MISSY DAVENPORT JBA PRO BONO COMMITTEE CHAIR
How an attorney helped a mother and child move forward. Attorney Ashley-Britt Hansen, a solo practitioner who works primarily in personal injury, nofault litigation and family law, accepted a pro bono family law matter in 2018, early in her legal career. Because of her work, a voice was heard that otherwise would not have been, protections for a child were established and a family has a chance to thrive. Here’s how Hansen describes her case: I accepted this case shortly after the father (my client’s exhusband) took their 4-year-old child to an emergency room at 3 a.m. claiming that the child had been inappropriately touched while in my client’s care. My client was not contacted until the nurse at the hospital refused to admit the child without speaking to my client. The police were called to the hospital and met with my client as well. The Department of Children and Families followed up with an investigation of my client. The only findings were that the father was playing a “stick
it to mom” game and after the minor child was interviewed, it was determined that no one inappropriately touched the child. My client refused to allow her child to go to her father’s house until she was able to understand what had happened. She also was concerned that her child was forced to be intimately examined by a physician in a hospital for no reason. When the reports were received and it became obvious the allegations by the father were false, my client felt it was another of his attempts to bully her and an emergency motion was filed to limit father’s parenting time. From the time of the motion and first status hearing, the father was allowed limited day visitation with the child and the child was ordered to go to counseling. During this time, it became apparent to the counselor, through the child’s narratives, that the father had been verbally and physically abusive toward his girlfriend in front of the child. It became even more apparent that the father’s false allegations that resulted in the hospital visit were not true and the child had no recollection of any such event. The child had only very specific recounts of her father and her father’s girlfriend. The father also had failed to pay child support for three years and had not paid for any medical expenses, school expenses, etc. A clear record has been established for my client to pursue action against the father in the
future and move for supervised visitation only if another event occurs. My client felt that in the past, the court did not believe what she had been expressing about the father’s behavior at the time of the divorce and felt she had no voice, which gave the father substantial parenting time. Knowing the abusive nature of the father, the client has been extremely fearful for the child each time the child was with the father. In response to the pending litigation, the father finally found full-time employment, making money in a legal and appropriate fashion such that a withholding order could be entered. My client started to receive child support, including an extra $100 per month for the more than $10,000 arrearage. The counseling that was ordered was paid for equally by each party (the first instance the father paid half of his share for the child), then the father paid his share for half of the total counseling session. The father was found in contempt for nonpayment of half of the first session, as well as for his failure to pay child support. The outcome that was important for my client was that she finally felt the court believed what she was saying and she no longer seemed to be the “crazy ex-wife.” The child support payments are helpful too, and she is happy to be receiving financial help from the father. As this was my first pro bono case, I gained an immense amount of experience.
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In her first pro bono case, attorney Ashley-Britt Hansen helped her client gain child support and counseling.
Susannah Collins Robinson was my “expert resource” attorney and a valuable guide and coach. She provided feedback when I had questions and, as a new attorney, I would not have known the procedural steps without her help. This case also showed me the need for low-cost divorce and custody attorneys in our community, not just probono attorneys. I recommend that all attorneys take a probono case. It helps to better the community, helps lawyers maintain perspective and is helpful for a lawyer’s general practice.
Even if someone wants to take a case in an area they do not practice, Jacksonville Area Legal Aid has resources to ensure attorneys who volunteer are successful. ATTORNEYS WHO ARE INTERESTED IN PRO BONO INVOLVEMENT, INCLUDING CASE REPRESENTATION, OUTREACH CLINICS AND PROJECTS, ARE ENCOURAGED TO CONTACT MISSY DAVENPORT, CHAIR OF THE JBA PRO BONO COMMITTEE, AT MISSY.DAVENPORT@ JAXLEGALAID.ORG.
Labor trafficking: It’s hiding in plain sight CRYSTAL FREED HUMAN TRAFFICKING VICTIM ADVOCATE
Florida ranked 5th in the nation in terms of likelihood of trafficking. As legal practitioners, we must have a workable understanding of labor trafficking and daily law practice. Polaris, a leading entity in the field, analyzed 40,000 calls and discovered 25 labor trafficking typologies. They ranked Florida as fifth in the nation in terms of likelihood of trafficking. Florida industries implicated are agriculture, restaurants, health, construction, hospitality, landscaping, domestic services and recreational activities. Think about your clients in those industries (or if you are a judge, take a look at your
docket). List the clients/parties before reading further. Those in the workforce operate along a continuum. At one end is an employer that complies with all laws and at the other end is labor trafficking. Let’s sort out the workers in the middle. n Accidental/nonwillful violations. Think about an employer’s inadvertent nonpayment of time and a half, missing the deadline to pay workers’ compensation insurance, or miscalculating the required three-fourths guarantee under law applied to migrant farm workers. n Intentional violation of law. This employer decides no matter how long the worker toils, he or she will never be paid under the FLSA or enjoy OSHA protections. n Wage theft. This action by an employer moves further along the continuum and, while illegal, without more, does not constitute labor trafficking. Labor trafficking occurs when a trafficker M-A-Ps his or her conduct using the M-eans of force, fraud or coercion to take an A-ction(s) (induces, recruits harbors, transports, provides or obtains) for the P-urpose of slavery.
An understanding of “coercion” is essential to a workable understanding of this area of law. When someone is trafficked for labor, apparent freedom to navigate the area inside a restaurant is not the same as actual freedom to walk out its door. In 1957, sociologist Albert Biderman developed a framework applicable to human trafficking, when he looked at how interrogators could manipulate prisoners of war without the use of physical force. With mental chains, a false dichotomy exists between freedom and captivity. According to the Department of Justice’s Human Trafficking Prosecution Unit, labor trafficking victims are being forced to commit serial crimes where the forced crime is the “forced labor.” Some examples: n Home health care: Labor trafficking victims are trained, then directed to fraudulently fill out Medicare and Medicaid applications for payment. n Shoplifting: Labor trafficking victims are forced into bigbox stores and directed by their trafficker to steal items. n Drug cultivation: Labor trafficking victims are forced to
cultivate marijuana in remote areas under a greenhouse. n Drug sales: Labor trafficking victims are forced to sell drugs. n Pickpockets: Labor trafficking victims, usually children, are forced to pick pockets and turn the proceeds over to their trafficker. Aside from beatings, the “coercive force” exerted in those cases ranged from addiction to heroin, to isolation and withholding of food. Areas where labor trafficking might be hiding in plain sight include code enforcement violations, juvenile status offenses, delinquency, child abuse and guardianship. If you represent businesses, take a look at the entities’ employment practices and visa compliance. Also, audit all contracts and if a client has them, subcontractors (janitors, landscaping, construction, farm labor crews employed by Florida farmers etc.). The recent highly publicized Robert Kraft solicitation of prostitution case highlights the difference training can make. It was a properly trained, female health department official that noticed an unusual stash of
clothing, food and bedding at a massage parlor which launched that investigation. Training and education must be part of protecting clients and victims alike. Look back at the list of clients you made earlier. Note questions and thoughts that naturally arose for each client. Use this opportunity, while still early in the year, to connect with each of those clients and consider an audit of their respective businesses. Aside from the goodwill you will undoubtedly foster, who knows what other work might naturally arise as a consequence. Remember the business of doing good is good business and good branding for both you and your clients. Together, in our daily law practice we can stem the tide of labor trafficking in Northeast Florida, and in our daily purchasing habits, around the globe as well. CRYSTAL FREED IS FOUNDER AND MANAGING PARTNER OF THE FREED FIRM. SHE SAYS THE GOAL FOR HER PRACTICE IS TO BE AN ADVOCATE FOR THOSE WHO HAVE BEEN UNABLE TO SPEAK OR HAVE BEEN SILENCED BY ANOTHER.
ON THE BENCH
Page 14 • Thursday, March 7, 2019
Jacksonville Daily Record
ERIN PERRY BAR BULLETIN STAFF
Former assistant state attorney Erin Perry was appointed Duval County judge in January by Gov. Rick Scott. Who or what inspired you to become a lawyer? I was born and raised in Lake City. There, two women in particular were inspirational to my decision to become a lawyer: Attorney Teresa Byrd Morgan and Judge Leandra Johnson. I worked for Teresa, and she gave me many opportunities to learn and grow. Judge Johnson was the mother of a classmate of mine. Even as a young girl, I could see and admire how she was successful as a mother and as a lawyer. Both women inspired me then and now. Other than your spouse, who inspires you now? My mom, a retired elementary school teacher for special needs children. She loved her job and was good at it. She paid keen attention to even the smallest of details of her day-to-day work while always keeping her eyes on the big picture. How do you relate your undergraduate degree to your practice on the bench? My undergraduate degree was in public relations. When
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I think about my major, I am appreciative of the education I got at the University of Florida College of Journalism and Communications. It provided a solid foundation of technical writing, communication skills and critical thinking. All these I use on the bench. What community service have you pursued and why? I am on the board of directors for a nonprofit organization that hosts camps during school holidays for at-risk youth. Do you currently serve on the JBA in any committee? I’m looking forward to getting involved in the Judicial Relations Committee. What is your favorite book? “A Tree Grows in Brooklyn” by Betty Smith What is your favorite movie? Alfred Hitchcock’s “Rear Window.” Jimmy Stewart and Grace Kelly playing amateur detectives and nosy neighbors in New York City - what’s not to love?
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Do you have any special talents? I started playing the clarinet in the second grade, before my fingers would even reach all the keys. I played in an orchestra from the fourth grade until I started law school. I still play occasionally, but it’s only for the entertainment of my daughter. If you weren’t a judge what do you think you’d be? Having been a certified nursing
assistant while in high school and having begun as a nursing major at UF, I’d likely be a nurse practitioner. If you could meet someone from history, who would it be and why? I can think of many people in history I’d love to meet, but I’d prefer to meet someone whose story is not as well documented. For example, there’s a woman named Deborah referenced briefly in the Old Testament. She was a
judge for the Israelites. Though some scholars have written about her, I think it’s mostly speculation. I’m intrigued that she was in such an important position at a time when history tells us that women didn’t typically have that type of authority. What’s your favorite food? I recently read “Eat to Live,” so it is with great shame that I say: French fries. The saltier the better.
Committee involvement is a worthy commitment
BJORN ANDERSON FINANCE, INTELLECTUAL PROPERTY & TECHNOLOGY LAW COMMITTEE CHAIR
Taking part can expand your knowledge and network. If your day-to-day routine is similar to mine, you are not searching for another commitment. On a typical day, the email inbox is clean and unexpected crises are handled by around noon, before it is finally time to settle into the day’s “real” work. Then a calendar reminder for a Jacksonville Bar Association Finance, Intellectual Property & Technology Law Committee meeting pops up on the screen. There are two options: Dis-
miss the reminder and carry on as planned, or put the “real” work on hold and head out of the office for the meeting. I admit that I have chosen the first option many times. It’s my initial reaction and easy to justify. How could I have known when I signed up for this meeting a couple of weeks ago what today would be like? The next time this happens to you, consider going with the second option instead of having lunch at the office. There are reasons why attending one of our quarterly meetings will be worth your time and effort. Our membership comprises a diverse group of practitioners who handle copyright, patent, trademark and trade secret matters. Some focus their practice on particular types of intellectual property. Some litigate IP issues, while others limit their practice to transactional matters such as prosecution, licensing and diligence. Our membership includes in-house counsel and attorneys who practice with law firms of various sizes. No matter your current role or practice area, you
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The U.S. Supreme Court decides cases that impact intellectual property, and the Finance, Intellectual Property & Technology Law Committee is a place to learn about the court’s decisions.
are likely to find a like-minded professional in our group. Has anyone sought your advice about an original idea? They usually want to know the next steps for obtaining IP protection. Although you took a survey course in law school and have watched “Shark Tank,” you probably don’t really understand what types of IP protection are appropriate. Attending our commit-
tee meetings may help you in this scenario, and after a few meetings, you may feel more comfortable fielding those questions. Plus, since you’ve now connected with some interesting IP professionals, you will know who to call for assistance. Our meetings can provide a nice break from the daily grind. We usually review the current state of IP over lunch. Some
meetings are more formal than others, but there usually is an interesting topic or two for discussion. The U.S. Supreme Court decides cases that impact IP, and our committee meetings provide a good opportunity to review them. The cases often have interesting factual backgrounds, which can make the discussion more enjoyable. For example, recent cases have involved a trademark application for a disparaging name, a copyright for cheerleader uniform design and the secret sale of an invention. And the practice area is in a growth trend. On June 19, 2018, the U.S. Patent and Trademark Office issued U.S. Patent No. 10,000,000. The rate of patent issuance has increased exponentially with the six-, seven-, eight-, and nine-millionth patents issued in 1999, 2006, 2011 and 2015, respectively. I hope to see you at our next meeting. BJORN ANDERSON IS A PRINCIPAL WITH MEUNIER, CARLIN & CURFMAN LLC, FOCUSING ON INTELLECTUAL PROPERTY LAW.
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Jacksonville Daily Record
Thursday, March 7, 2019 • Page 15
YLS: Build your career and the community CONTINUED FROM PAGE 10
judges, law firms and vendors to ensure each event’s success. In this way, young lawyers gain an understanding of attention to detail and hard work, both of which are crucial to the practice of law. This year, due to the work of committees, the Young Lawyers Section has donated more than $50,000 to local charities and it’s just March. Another example of the benefits a Bar association can provide is mentoring. Some young lawyers graduate from law school without a mentor. A mentor can be a formal mentor assigned by your employer to assist you on the substantive practice of law or an informal mentor that you can trust in the community. Both types of mentorships can be beneficial for young lawyers. Bar associations provide networking and other events that introduce young lawyers to experienced practitioners. These relationships are important when there is a need for guidance on dilemmas that occasionally arise in the mind of a young lawyer. The continued involvement of young lawyers in a Bar association help to foster those relationships in the community. If a young lawyer is lucky, she or he can make lifelong relationships that will shape their career in ways they may not have imagined. In this regard, last year The Florida Bar Young Lawyers Division launched the “Legal Accelerator” website. It’s a virtual mentor resource, accessible through a member’s Florida Bar account. The website is meant to serve as a one-stop hub for obtaining advice on issues often faced by young lawyers. More than 1,000 short instructional videos featuring judges, practitioners and Bar leaders are available on the site. If you are a young lawyer that has not been able to establish a relationship with a mentor, the website provides answers to questions commonly asked. Aside from learning practical skills and gaining experience through mentorships, Bar associations advocate for the mental health and wellness of young lawyers. As a young lawyer starting your practice, you are expected to balance many things: your workload and learning your substantive area of the law, not
Photo by Jacksonville Bar Association YLS member Ryan Hyde
In February, the annual Young Lawyers Section Charity Chili Cook-Off raised more than $15,000 for the nonprofit Best Buddies of Florida. From left, Brad Eubanks, Jacki Olson, Jamie Mynhier, Michelle Watson and John Weedon competing for Pozo-Diaz & Pozo, PA.
to mention eating, sleeping and your personal life. It’s easy for a young lawyer to become overwhelmed and develop unhealthy coping mechanisms or mental health issues. As a result, Bar associations are stepping up to the task of helping young lawyers prioritize healthy living within the practice of law. The YLD has made it a priority to remove the stigma from the subject of mental health and to promote mental wellness throughout the profession. As a part of its #StigmaFreeYLD initiative, affiliates statewide are encouraged to host a health and wellness challenge in May. The JBA YLS will be hosting its health and wellness challenge for young lawyers. The challenge will include tracking your wellness activities throughout the month. Participants get points for a variety of wellness-related activities, such as getting a physical examination from a medical provider, healthy eating, engaging in physical activity or practicing mindfulness. At the end of the month, the three young attorneys who have
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Nearly 80 players and spectators attended the Jacksonville Bar Association Young Lawyers Section’s “Cashing in for a Cause” charity poker tournament in February. The winners, from left, Allie McDeal, third; celebrity bounty Josh Scobee; Jay Fund Ambassador Steve Nix, first; YLS board of governors member Chuck Griffith, second.
tracked the most wellness hours will be recognized and each will receive a prize. Generally, Bar associations are seeking new ideas to benefit their young lawyer members. Whether it is learned skills, new professional relationships
or access to resources, young lawyers can benefit from their involvement in Bar associations. I challenge young lawyers to get involved. Make a difference in your community and don’t be afraid to take advantage of the resources provided to you in
order to continue to grow as an attorney. ASHLEA EDWARDS IS AN ASSOCIATE ATTORNEY AT AKERMAN LLP FOCUSING ON COMMERCIAL, BANKING AND EMPLOYMENT LITIGATION.
Dearing: Chief of staff new executive director CONTINUED FROM PAGE 10
ments, Jim brought intangible benefits to this organization. His business acumen and experience guided the Bar’s operations, implementing processes and procedures to ensure the Bar’s fiscal responsibility and sustainability in years to come. His management skills improved our staff operations and objectives and have made the Bar much more efficient (i.e., we are better stewards of your dollars). Jim also expanded the Bar’s presence and relationships throughout the community.
There is no one he can’t get on the phone – and quickly. Finally, Jim’s leadership and friendship enabled me to be more successful as the association’s president and helped the board of governors better serve our 1,800 members. His are pretty big shoes to fill, right? It’s like coaching the Gators after Steve Spurrier. Who wants that job? Well, we found our man (skipping right over the Zook years and landing on Mullen). Effective immediately, Craig Shoup, Jim’s chief of staff, is executive director of the Jacksonville Bar Association.
Jim is steeped in the traditions of this association, and so it was with great care and concern for its future that he hired Shoup 18 months ago. Craig, who previously served in the administrations of the Duval County Clerk of Courts and the Public Defender’s Office, brings a depth of leadership and creativity to the Bar’s programming and a deep sense of commitment to our members. He has perspective and experience as well as a broad understanding of the needs of lawyers and the other voluntary Bar associations as we look to the future.
He also is the hardest-working person in our association. You have seen him at all Jacksonville Bar events, as his work ethic and enthusiasm for the mission of the Bar are unparalleled. The board and I are delighted to welcome Craig’s vision to center stage. We have been continuously impressed with his skill set and we are confident in his ability to continue strengthening our Bar in the years to come. Though Bailey’s daily involvement with our association will be missed, his legacy is that he reorganized the Bar’s operations such that it will continue to be
successful going forward. Plus, he’s agreed to consult with us for a few months to make sure I don’t screw it all up in the remaining few months of my term before Craig can get his feet wet. This is an exciting change for the Jacksonville Bar. With Craig Shoup on the job, our association is in good hands. KATIE DEARING IS A 4TH JUDICIAL CIRCUIT JUDGE AND PRESIDENT OF THE JACKSONVILLE BAR ASSOCIATION.
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Jacksonville Daily Record/Jacksonville Record & Observer
THE MARBUT REPORT
Attorneys volunteer at Wounded Warrior Project Yulee attorney suspended
MAX MARBUT ASSOCIATE EDITOR
In December, Three Rivers Legal Services and Wounded Warrior Project began a partnership to provide free legal services to veterans who are served by Wounded Warrior Project programs. On Feb. 20, the Family Law Inn of Court participated with 13 attorneys who visited the nonprofit’s headquarters along Belfort Road in South Jacksonville. In a 30-minute session, they presented overviews of several family law issues and then gave the veterans the opportunity for one-on-one attorney consultations related to their specific cases. The event was coordinated by Dyvonnda Thurston, the Inn’s outreach chair and one of the participating attorneys.
Federal practice seminar is April 29 The Jacksonville chapter of the Federal Bar Association’s 16th annual Honorable Ralph W. “Buddy” Nimmons Jr. Federal Practice Seminar is 11:45
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From left, Jonathan Zisser, Jackie Green, Gail Dawson, Kathryn Robbie, Beth Terry, Jay Henderlite, Rachel Rall, Diana Farhat, Christopher Calhoun, Jenna Houser, Andrea Jevic, Susannah Collins and Dyvonnda Thurston. They are attorneys who donated their time to provide counsel and education to veterans at the Wounded Warrior Project.
a.m. to 5 p.m. April 29 at the Bryan Simpson U.S. Courthouse. Speakers invited include U.S. Court of Appeals for the Ninth Circuit Judge Richard Tallman, who serves on the Foreign Intelligence Surveillance Court of Review, and University of South Carolina associate law professor Seth Stoughton, a former Tallahassee police officer who is an authority on body-worn cameras. Nimmons entered private practice after he graduated from the University of Florida Levin College of Law in 1963. During his career in Jacksonville, he was an assistant public defender, assistant state attorney and assistant city general
counsel. He was appointed to the 4th Judicial Circuit Court in 1977 and in 1983, appointed to the 1st District Court of Appeal, where he served until 1991. Nimmons then was appointed to a new seat on the U.S. District Court Middle District of Florida, which he held until his death in 2003. Visit jaxfedbar.org for CLE credit details and reservations.
Art collection grows at federal courthouse
Students from LaVilla School of the Arts visited the Bryan Simpson U.S. Courthouse last week to present
their work, 33 paintings of local and national landmarks, to the federal court. The addition to the court’s inventory of public art was accepted by U.S. District Judge Timothy Corrigan and U.S. Magistrate Judge Patricia Barksdale. Each student received a certificate of appreciation, witnesses by their peers, parents and court staff. This is the fourth consecutive year that fine arts students at the school have donated their work. The paintings contributed this year and those from previous years are permanently displayed in the public aeas of the federal courthouse.
The state Supreme Court suspended attorney Laura Healan Coggin, 76347 Veterans Way in Yulee, from the practice of law for 30 days, effective Feb. 7. She also is ordered to pay restitution of $1,700 to a client. Coggin was retained to represent a client in 2015, but in 2018, the client learned that Coggin never filed anything on his behalf. Coggin previously was suspended for 18 months after pleading guilty Nov. 1, 2017, to overcharging two clients and then failing to provide sufficient legal services.
Passport fair is March 23 The Duval County Clerk of Courts passport fair is 9 a.m. to 2 p.m. March 23 at the Duval County Courthouse. The event will allow people interested in applying for a passport to do so outside the clerk’s office 8 a.m.to 5 p.m. Monday-Friday business hours. Street parking is free Downtown on Saturday. Visit www2.duvalclerk.com/ departments/passports/ for information regarding passport fees and document requirements. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
TM
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