THURSDAY September 6, 2018
The Mathis Report: Company says Trump’s tariffs could kill local jobs PAGE 4
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BRIAN COUGHLIN’S
Sprouts looking at former Best Buy
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Brian Coughlin with his parents, Tom and Judy, when he graduated from the University of Florida Levin College of Law in 2003.
It would be the natural food chain’s first store in Northeast Florida.
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Son of the Jaguars executive vice president of football operations is a criminal defense attorney and director at the Bedell Firm. BY MAX MARBUT ASSOCIATE EDITOR
A
ttorney Brian Coughlin is a member of one of Jacksonville’s most well-known sports families. His father, Tom Coughlin, was the Jacksonville Jaguars’ first head coach and now is the team’s executive vice president of football operations. His sister, Keli, is a former athletic trainer at the University of North Florida and now is executive director of the Tom Coughlin Jay Fund, a nonprofit established by her father. His sister Kate is married to a Jaguars scout who played SEE COUGHLIN, PAGE 9
Photo by Max Marbut
Brian Coughlin in the law library in at the Bedell Firm, which features a Jaguars autographed football.
BY KAREN BRUNE MATHIS EDITOR
Sprouts Farmers Market Inc. appears to be the tenant that will take the former Best Buy store at The Markets at Town Center. That would mark the entrance of Sprouts into the Northeast Florida market, although the Arizona-based natural foods company hasn’t confirmed the location. JEA received a request for the availability of sewer service for Sprouts Farmers Market at a St. Johns Town Center area address that shows the new Best Buy. The project architect with AAD:Fitch Inc. in Arizona confirmed that the correct address is the former Best Buy at 4873 Town Center Parkway. The Markets at Town Center representative declined comment, but said previously a new tenant was pending for the 31,200-square-foot space. Phoenix-based Sprouts operates more than 300 stores in 18 states. It says it specializes in fresh, natural and organic products “at prices that appeal to everyday grocery shoppers.” During a conference call Aug. 2 with analysts, CEO Amin Maredia said Sprouts was on track to open 30 stores this year and its pipeline “remains strong with 50 approved sites and 35 signed leases for the coming years.” Sprouts has five stores in Florida in Valrico, Tampa, Palm Harbor and Sarasota and one opening Oct. 24 in Winter Park.
KMATHIS@JAXDAILYRECORD.COM
LEGAL COMMUNITY NEWS INSIDE Judges elected, Marbut Report, lawsuit tossed PAGE 11
The Bar Bulletin: Official publication of the JBA PAGE 14
VOLUME 105, NO. 206 • TWO SECTIONS
Page 2 • Thursday, September 6, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
WHAT’S TRENDING
Legal community news joins the Thursday edition
MAX MARBUT ASSOCIATE EDITOR
In this issue, you’ll see something new in the Jacksonville Daily Record and the Record & Observer. Since 1926, the Daily Record has been the official newspaper of the Jacksonville Bar Association; since 1947, the official newspaper of the U.S. Bankruptcy Court in the Middle District of Florida; and since 1961, the official court newspaper for Duval County. For years, each Monday issue has been pretty much about and for the local legal community, but that coverage has now moved to Thursday. Each week, you’ll read about the people in Jacksonville’s extensive legal community. Attorneys and law firms, for sure, but also people who work behind the scenes to make sure essential services are available to the public. You’ll also learn about our local judges and the courts over which they preside. Significant legal action that can affect business, government and consumers also is part of our coverage. This week, you can read about a
civil rights lawsuit against the city that was dismissed more than four years after it was filed in federal court. And if you purchased a pair of Costa Del Mar sunglasses that had to be sent back to the company because of a defect, you’ll want to read about two class-action lawsuits that are pending against the company alleging that customers were improperly charged for warranty repairs. You’ll also read about people in the legal community who go above and beyond the call of duty. You’ll learn more about Michael Freed, an attorney who in June 2017 ran six 26.2-mile marathons in six days to raise $70,000 for legal aid. Freed will run again in December, from the steps of the state Supreme Court in Tallahassee to the steps of the Duval County Courthouse. This time, every $1 he raises through donations will be matched with $1.25 because Baptist Health became involved after the publicity surrounding Freed’s inaugural series of marathons. The Jacksonville Bar Association’s monthly Bar Bulletin will be published in the Daily Record and the Record & Observer the first Thursday of each month. We value our readers’ feedback as we continue to evolve the news we provide and how we provide it to you each day, Monday through Friday in the Daily Record and each Thursday in the Record & Observer. MMARBUT@JAXDAILYRECORD.COM (904) 356-2466
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Thursday, September 6, 2018 • Page 3
Cost of child care nearly as much as rent BY MARK BASCH CONTRIBUTING WRITER
Finding an affordable place to live can be a challenge for some families. For families with kids, the cost of caring for them while the parents are working can be equally challenging. HotPads, a unit of real estate data firm Zillow that focuses on rental home searches, released a report last week showing the cost of hiring child care is almost as much as families are paying in rent. The median monthly rent payment in the U.S. is $1,500 a month, HotPads said, while the average monthly cost of child care is only slightly lower at $1,385. HotPads, which used data from Care.com to determine child care costs, said the median rent in the Jacksonville metropolitan area is $1,375 a month while the average monthly child care cost is $1,290, a difference of $85. When ranked by the spread between rent and child care, Jacksonville was in the lower half of the 48 metro areas listed in the report, but child care is an even bigger expense in several other cities. In more than a fourth of the markets, child care actually was more expensive than rent. The biggest premium for
City San Jose, Calif. San Francisco Los Angeles San Diego New York Miami Riverside, Calif. Denver Washington, D.C. Boston Seattle Sacramento, Calif. Portland, Ore. Salt Lake City Hartford, Conn. Dallas Chicago Baltimore Austin, Texas Providence, R.I. Orlando Philadelphia Nashville Tampa
rent $3,675 $3,455 $2,885 $2,680 $2,360 $2,005 $1,935 $2,100 $2,170 $2,405 $2,230 $1,940 $1,930 $1,610 $1,640 $1,660 $1,785 $1,745 $1,735 $1,750 $1,505 $1,665 $1,505 $1,460
child care is in Pittsburgh, where the $1,350 monthly child care expense is $255 higher than the median rent. The four cities with the biggest discount for child care, compared with rent, are all in California, but that reflects the high cost of housing in those markets. At the top of the list is San Jose, where the median rent is $3,675 and the average child care cost is $1,875, a difference
City
care difference cost $1,875 $1,800 $5,550 $1,955 $1,500 $5,410 $1,580 $1,305 $4,465 $1,515 $1,165 $4,195 $1,630 $730 $3,990 $1,385 $620 $3,390 $1,340 $595 $3,275 $1,535 $565 $3,635 $1,605 $565 $3,775 $1,850 $555 $4,255 $1,680 $550 $3,910 $1,435 $505 $3,375 $1,530 $400 $3,460 $1,270 $340 $2,880 $1,310 $330 $2,950 $1,340 $320 $3,000 $1,500 $285 $3,285 $1,465 $280 $3,210 $1,475 $260 $3,210 $1,490 $260 $3,240 $1,290 $215 $2,795 $1,460 $205 $3,125 $1,315 $190 $2,820 $1,275 $185 $2,735
Minneapolis New Orleans Phoenix Richmond, Va. Raleigh, N.C. Houston San Antonio Jacksonville Atlanta Columbus, Ohio Las Vegas Kansas City, Mo. Indianapolis Milwaukee Detroit Cincinnati Charlotte Cleveland St. Louis Buffalo, N.Y. Oklahoma City Louisville, Ky. Memphis, Tenn. Pittsburgh
of $1,800. San Jose’s combined cost of rent and child care also is the highest in the country at $5,550 a month. Jacksonville is one of the lowest-cost cities at $2,665 combined, below the national average of $2,885. The most affordable city for rent and child care combined is Memphis, Tennessee, at $2,270 a month. HotPads said median rents
rent
care difference cost
$1,665 $1,440 $1,470 $1,450 $1,470 $1,580 $1,380 $1,375 $1,450 $1,410 $1,395 $1,250 $1,235 $1,385 $1,285 $1,220 $1,370 $1,195 $1,195 $1,275 $1,115 $1,135 $1,040 $1,095
$1,490 $1,285 $1,315 $1,310 $1,350 $1,475 $1,285 $1,290 $1,375 $1,350 $1,365 $1,310 $1,305 $1,460 $1,370 $1,310 $1,465 $1,330 $1,330 $1,430 $1,275 $1,315 $1,230 $1,350
across the country rose 2.3 percent in the past year, while the average cost of child care rose 1.3 percent. However, both are rising slower than the U.S. Consumer Price Index, which increased by 2.9 percent in the 12 months through July, according to the U.S. Bureau of Labor Statistics. Joshua Clark, economist at HotPads, thinks families may see more increases. “Rent appreciation has
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slowed from recent highs, but as the economic recovery matures, child care costs will likely continue to rise,” Clark said in a news release. “For renters with young children in child care, that means any potential savings from softer rent appreciation could quickly be eroded by higher child care expenses.” MBASCH@ JAXDAILYRECORD.COM
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Jacksonville cost ranks THE COST OF CHILD CARE in the lower half of the U.S. renters with children spend almost as much on child care as they spend on rent. The average cost of child care in the U.S. is $1,385 a month, according to a HotPads analysis. Nationally, the median rent payment is $1,500 per month — $115 more than the monthly 48 metro areas listed in average cost of child care. a report by HotPads. Median Child Cost Combined Median Child Cost Combined
Page 4 • Thursday, September 6, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
THE MATHIS REPORT
Tariffs weigh on Hans-Mill expansion plans
KAREN BRUNE MATHIS EDITOR
Company that brought its trash can manufacturing to the U.S. says Trump’s new tariffs on steel put those jobs in jeopardy. Hans-Mill Corp., which expanded from China to open a Northwest Jacksonville factory in May 2017, already needs more space. In addition to the factory it owns, it will lease a 96,000-square-foot warehouse space about a half-mile north for storage and distribution. There’s more. “Hans-Mill is only the beginning of the planned investment,” said Managing Director Wolfgang Schau. “If Hans-Mill’s concept is successful, the owner intends to build up to three more manufacturing facilities in the U.S., geographically distributed to optimize transportation to the consumer,” he said. That work
Photo by Monty Zickuhr
At its factory at 5406 W. First St. in Jacksonville, Hans-Mill makes stainless steel trash cans, like the one at right. It also makes storage totes.
would start in two to five years. James Han is the owner. Schau said Han is based in Pine Brook, New Jersey, and has been planning to relocate the corporate offices to Jacksonville in two to three years Schau that would involve 50 people to start. Schau said the company will lease warehouse space at 1550 Ellis Road N. to distribute the stainless steel trash cans and storage totes it makes at property it owns at 5406 W.
First St. “We needed more warehouse space for our operation,” Schau said by email. He said the lease is a temporary solution to provide the additional space. “Ultimately we may buy or build another building for our long-term needs,” he said. Schau said there is no specific building yet. But the 25 percent tariff imposed on steel imports by the Trump administration might affect those plans. Schau said the company sources as much as possible from domestic manufacturers but no U.S. manufacturer can provide all the steel compo-
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nents needed for its trash can production. “Some of the raw materials, in particular the stainless steel components, we still have to import,” he said. “They all refer us to Asian manufacturers in China, Taiwan and South Korea.” Schau said the steel tariffs are “a big problem for us.” He said that margins are tight in the retail market and a 25 percent tariff on one of the major components is significant. “Ironically the tariffs are meant to support domestic manufacturers but having the opposite effect for us and many other manufacturers depend-
ing on imports of raw materials and components,” he said. Schau said Han invested in Hans-Mill to bring manufacturing jobs back to the U.S. and to be near consumers to save transportation costs “and to reduce the carbon footprint.” “The tariffs put these jobs in jeopardy and in order to survive, we may have to move production to Asia,” he said. Schau said the stainless steel trash can production is impacted by the 25 percent tariff and may have to be moved outside of the U.S. “The storage tote production, not yet,” he said, unless more tariffs are imposed. “Nobody knows where this
Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, September 6, 2018 • Page 5
RESTAURANT NOTES
Fuzzy’s Taco Shop planned for Deerwood Station Fuzzy’s Taco Shop is coming to Jacksonville’s Deerwood Station. The Jacksonville shop is planned in Deerwood Station at 8221 Southside Blvd. The almost 3,000-square-foot restaurant will be on the north end of the shopping strip and offer about 144 seats, according to a permit plan. Fuzzystacoshop.com, showing 165 open or planned locations, says the original Fuzzy’s Taco Shop is on Berry Street in Fort Worth, Texas. “It was there that a glorious vision of taco heaven took hold in 2003: It would have frosty drinks. It would have good vibes. It would be the kind of place that you never want to leave. It would be a huge, craving-inducing success,” says the website. Fuzzy’s has almost 150 locations opened across the country, according to fuzzystacoshop.com. Those include seven in Florida. Among the at least 18 locations “coming soon” are three Florida restaurants in Jacksonville, Fort Lauderdale and Lakeland.
trade war is going to, and when it will, end,” he said. The totes are made of polypropylene. Depending on the color, Hans-Mill uses recycled or virgin polypropylene. In the meantime, Schau said the Ellis Road warehouse space also will be used for other imported goods from its sister companies. In addition to the products Hans-Mill makes in Jacksonville, it also imports and distributes goods for its sister companies,
Restaurant notes
The menu includes starters, soups, salads, burritos, burrito bowls, nachos, plates, quesadillas, tacos (of course), sides, desserts, kids’ meals, desserts and all-day breakfast. The online menu includes beer, margaritas and specialty drinks. Plans show margarita machines, beer taps, an import-beer bottle cooler and beer bar coolers. In 2016, Atlanta-based NRD Capital Management bought a 70 percent stake in the then 90-unit Fuzzy’s Taco Shop to accelerate growth of the taco concept. Terms of the deal were not disclosed. The units serve Baja-style tacos with a counter-order service style. The site says the first Fuzzy’s Taco Shop opened in 2001 near the Texas Christian University campus in Fort Worth. Chuck Bush and his father, Alan Bush, bought Fuzzy’s in 2003. A pending permit application shows Kaneco Construction LLC as the contractor for the $157,000 tenant space renovation at Deerwood Station.
J&H International, based in Pine Brook, and CY Top Ltd., based in Hong Kong. Schau said they import kitchenware, flatware, cookware, housewares and barbecue equipment. Hans-Mill, CY Top and J&H sell to major retailers such as Walmart, Sam’s Club, Target, Home Depot, Family Dollar, Williams Sonoma, JCPenney and BJ’s Wholesale Club. Schau said Hans-Mill has 57 Jacksonville employees, includ-
n Chick-fil-A intends to renovate its River City Marketplace restaurant with an addition and site modifications. n Marco’s Pizza plans a Windsor Commons location at 4765 Hodges Blvd. Ticon Commercial Inc. is the contractor for a proposed $190,500 tenant improvement to the 1,789-square-foot space. n Marco’s Pizza also is building-out at Kernan Pointe Shopping Center. Ticon Commercial Inc. is the contractor for the $189,000 build-out of 1,647 square feet at 1795 Kernan Blvd. S., Unit 104. The city issued the construction permit Aug. 30. n McDonald’s plans site improvements in Arlington at its 1001 University Blvd. location in the Town & Country Shopping Center. The project will update the drive-thru. n Sonny’s BBQ applied to St. Johns County to remodel or rebuild its 5,000-square-foot restaurant on 1.4 acres at 1720 U.S. 1 S. in St. Augustine.
ing those needed to operate the distribution warehouse. Hans-Mill applied for a certificate of use for the space for the manufacturing and distribution of housewares. Ellis Road landlord Sam Easton, of Easton, Sanderson & Co., said the space previously was used by CIL Forwarding, a logistics company. A plan filed with the application shows that the HansMill space will lease the 96,000 square feet within a
n Wendy’s was approved for construction in St. Augustine at 2260 International Golf Parkway. It’s a $550,000 project to build the 2,396-square-foot restaurant. n Cold Stone Creamery and Tasty’s Fresh Burgers and Fries will be the first tenants at Skinner Bros. Realty’s commercial development in Wildlight in Nassau County. Cold Stone Creamery is a national brand while Tasty’s is locally owned and operated by Chad and Katy Dougherty. Chad Dougherty’s grandmother opened The Freezette in 1956 in Fernandina Beach. Tasty’s has locations in Fernandina Beach and Yulee in Nassau County. The Wildlight restaurants are expected to open next year. n The Clay County Development Review Committee is scheduled to review the proposed 4,500-square-foot Culver’s of Middleburg restaurant planned on 1.25 acres in Branan Field Walk. The review is set for 10 a.m. Sept. 6. Culver’s, whose signature menu items are ButterBurgers and frozen custard, is based in Wisconsin.
216,000-square-foot building at North Ellis Road and Fifth Street. The other tenant is shown as Alpha Packaging. Hans-Mill bought the 120,000-square-foot West First Street property in June 2016. City Council enacted an ordinance for a $200,000 Northwest Jacksonville Economic Development Fund grant for Hans-Mill to create 23 jobs by June 30, 2018, and invest almost $11.8 million for the real estate, machinery and IT equipment at West First
Street. City spokeswoman Tia Ford said the grant has been paid because the company met the requirements of opening the facility and creating the jobs. Schau said it started mass production at the West First Street plant in July 2017. “We are still in the startup phase, even so it was a running start,” he said. KMATHIS@JAXDAILYRECORD.COM @MATHISKB (904) 356-2466
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Jacksonville Daily Record/Jacksonville Record & Observer
THE CAWTON REPORT
Doyle Carter calls it a career at City Council under former Fire Chief Rick Barrett and then Dan Kleman. Like Carter, White said public safety is his top priority along with continued growth at Cecil Commerce Center. “The economic development opportunities we’ve got at Cecil I think is the golden nugget for Jacksonville,” said White. “I also want to help the small guys who need help,” he said. “It’s tough because you almost need to know someone just to get something done, even if it’s a ditch being cleaned out, and I want to be that guy.”
DAVID CAWTON STAFF WRITER
The long-time West Jacksonville representative resigned in June to run for Duval County Tax Collector. Jacksonville City Council member Doyle Carter sat through his last meeting as a member of the city’s legislative body Wednesday morning as he prepares to re-enter private life. Although his term ran through July 2019, Carter opted to step down in June to join the race to become Duval County’s next Tax Collector. Carter’s bid fell short after a four-person Aug. 28 primary contest left him in fourth place. He said Tuesday he has no regrets about entering the race. “God plans these things out and it’s out of my control,” said Carter who said he isn’t sure if he’s going to run for another elected position. Carter said he has not decided if he will back either of the candidates — Jim Overton or Mia Jones — for tax collector in the Nov. 6 runoff election. He first was elected to represent District 12 in West Jacksonville, including Cecil Commerce Center, in 1999 and served one term through 2003. Carter’s next stint on council began in 2011 after Daniel Davis left for the state House of Representatives. Carter said Tuesday a lot has changed in his district in the past 18 years. “A big part of my agenda was public safety,” said Carter, who praised the mayor’s budget priority to hire more police officers. “On the recreation side of it, we’ve done a lot for parks in the district,” he said. Carter acknowledged problems exist in West Jacksonville with an opioid epidemic and
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Doyle Carter attends his final meeting Wednesday as a City Council member. He resigned in June to run for Duval County Tax Collector.
violent crime rates. He also said he is proud of the area’s economic development, including at Cecil Commerce Center, a former naval air station that closed during base realignment. “We’ve had a great opportunity with Cecil,” he said. “When we closed in ’99, everyone thought it wasn’t going to work.” The city established the 17,000-acre Cecil Commerce Center to become a commercial and industrial hub. The properties were conveyed to the city and Jacksonville Aviation Authority from 1999 to 2002. “The other part is the airport side of Cecil,” said Carter. “As soon as we build a hangar, they lease it up.” Carter said the district has benefited with companies like Amazon.com Inc. and FedEx
Corp. opening distribution centers. “It’s been neat to be part of, and I think there’s more to come,” he said. Carter’s successor is Republican Randy White, a former high-ranking Jacksonville Fire Department official and union president. White was sworn in Wednesday morning during a ceremony at City Hall. He won the seat by default since he was the only person to qualify for the special election to replace Carter. White planned to pursue the office in 2019, filing in November to run. He’ll serve the rest of Carter’s term through June 30. White was an assistant fire chief, one of two appointed positions created after former Mayor John Peyton was elected in 2003. During that time, he was the second-in-command
Budget talks end; More money for Kids Hope Alliance The Jacksonville City Council Finance Committee completed its annual review of Mayor Lenny Curry’s latest city budget, shifting 14 pieces of legislation to all 19 members of the legislative body in September. The standing committee offered little change to Curry’s fourth budget, which includes a $161 million capital improvement program and a $1.3 billion general fund. Altogether, the cost to operate the city during the next fiscal year, beginning Oct. 1, is about $2.6 billion. Curry’s general fund budget, which accounts for most city departments, employee costs, and debt management funds, increased by 3.3 percent, or about $39 million, year-overyear. On Thursday, the Finance Committee agreed to allocate $877,000 of additional spending, called enhancements,
Photo by David Cawton
Fourth Judicial Circuit Chief Judge Mark Mahon swears in new District 12 City Council member Randy White on Wednesday. At White’s side is his wife, Julie.
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including $300,000 in onetime funding for a violence prevention program for the Kids Hope Alliance. The city agency, formed after Curry combined the Jacksonville Journey and Jacksonville Children’s Commission, will use the funds to issue “micro grants” to small agencies working on youth crime prevention and intervention programs. Alliance CEO Joe Peppers said Wednesday the initial funding is vital, but real change occurs when the programs can continue year after year. “This is a good step, but we’re also looking at sustainability because if it’s just a flash in the pan, that’s going to be an issue,” Peppers said. “I think it’s going to be super challenging but that’s why I’m here.” The alliance does not have a dedicated funding source other than what council members allocate during annual budget talks. This year, it has roughly $41 million in funding and grants to operate over the next 12 months. Peppers said the alliance needs to show city leaders that it’s a good steward of taxpayer money before pushing for more. “We want to demonstrate that we have the talent and the wherewithal to get the job done,” said Peppers. “So, when that conversation comes up for more funding, we’ll show that we’re a proven organization that can do what we’re here to do,” he said. Peppers said his staff also is working to become more familiar with the city’s business leaders, who he hopes will become more involved in prevention efforts. “We’re actually looking for corporate partners to invest in these initiatives,” said alliance Chief Strategy Officer Jennifer Blaylock. “We know that companies want to invest in economic development in our communities, so we think they’ll also want to invest in our youth.” Council members are expected to approve the budget legislation Sept. 25, giving Curry five days to sign, veto or allow the legislation to take effect without his signature. DCAWTON@ JAXDAILYRECORD.COM @DAVIDCAWTON (904) 356-2466
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Thursday, September 6, 2018 • 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, Nassau and St. Johns counties. The sales were recorded Aug. 27-31.
Photo by Jay Schlichter
Pier 5350 apartments sold for $31.3 million, a 103 percent increase over its last sale price of $15.2 million in 2016.
$31,300,000
$5,987,038
$4,200,000
$3,517,000
$3,300,000
5350 Arlington Expressway, Jacksonville, Duval County
2630 Florida A1A, Jacksonville, Duval County
622 Filmore St., Orange Park, Clay County
Kindlewood subdivision, Middleburg, Clay County
Twin Creeks North, Beachwalk, St. Johns County
Type: Pier 5350 apartments Size: 22.28 acres Buyer: AREP Pier LLC Seller: Summer Oaks LP Previous sale: $15,400,000 in 2016
Type: Vacant residential Size: 23.48 acres Buyer: Lennar Homes LLC Seller: JWB Real Estate Capital LLC
Type: The Woods of Filmore Apartments Size: 2.33 acres Buyer: Filmore CE Owner LLC Seller: JAX Nash LLC Previous sale: $3,569,000 in 2013
Type: 103 single-family lots Size: Not available Buyer: American Homes Investments LLC Seller: AMH Development LLC
Type: 60 single-family lots Size: 16.44 acres Buyer: DFC Beachwalk LLC Seller: Twin Creeks Ventures LLC
$2,776,540
$2,125,000
$2,048,000
$1,963,634
$1,900,000
5000 Florida 16, St. Augustine, St. Johns County
8055 Whisper Lake Lane W., Ponte Vedra Beach, St. Johns County
79 Cedar St., St. Augustine, St. Johns County
14837 Normandy Blvd., Jacksonville, Duval County
362 Royal Tern Road S., Ponte Vedra Beach, St. Johns County
Type: Vacant land Size: Portion of 111.81 acre parcel Buyer: St. Johns Senior Properties LLC Seller: World Commerce Center LLP
Type: Single-family Size: 1.45 acres Buyer: David L. and Trina Y. Zuchowski Seller: James A. and Stacy Philip Previous sale: $1,827,500 in 2008
Type: Cedar House Inn Bed & Breakfast Size: 0.23 acres Buyer: Rajan R. and Naina Patel Seller: Humphrey Family Trust and Cynthia H. Humphrey Previous sale: 1,350,000 in 2009
Type: Dollar General Size: 3.31 acres Buyer: DG Virginia 2 LLC Seller: C&L Properties Inc. Previous sale: $1,900,000 in 2017
Type: Single-family Size: 0.68 acres Buyer: Robert L. Foote Declaration of Trust Seller: Harry Pappas Jr.
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Page 8 • Thursday, September 6, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
These are the largest commercial building permits by job cost issued Tuesday by the city of Jacksonville.
PEOPLE ON THE MOVE
INDUSTRIAL
Promotions, hirings and happenings for business people in Northeast Florida. Send items to ssailer@jaxdailyrecord.com
Johnson & Johnson Vision Products Inc., 7500 Centurion Parkway, contractor is Turner Construction Co., 155,000 square feet, install equipment, $2.34 million. Venus Fashion Inc., 11711 Marco Beach Drive, contractor is Richard Claude Haskew, 18,342 square feet, renovation, $1.13 million. OFFICE, BANK, PROFESSIONAL VyStar Credit Union, 1600 Hendricks Ave., contractor is Dana B. Kenyon Co., 3,000 square feet, tenant build-out, $519,317. United States Coast Guard, 9825 San Jose Blvd., contractor is Coastal Construction of North Florida Inc., 1,488 square feet, tenant build-out, $30,050. ROOFING JM Family Enterprises Inc., 8019 Bayberry Road, contractor is Advanced Roofing Inc., roof replacement, $360,000. SCHOOL, LIBRARY, OTHER EDUCATIONAL Bolles School, 2264 Bartram Road, contractor is Colonial Construction LLC, 7,168 square feet, addition, $47,412. SIGNS Vale Food Co., 90 Riverside Ave., No. 603, contractor is Taylor Sign & Design Inc., two permits for wall signs, $5,000. Club Pilates, 150 Riverside Ave., No. 200, contractor is Taylor Sign & Design Inc., two permits for wall signs, $4,800. Affordable Care Superior Experience, 3059 Edgewood Ave. W., contractor is Taylor Sign & Design Inc., ground sign, $1,200. STORES, MERCANTILE Wawa, 2500 Monument Road, contractor is Scherer Construction of North Florida LLC, 5,636 square feet, new building, $915,400. T-Mobile, 4852 Town Center Parkway, No. 103, contractor is ShayCore Enterprises Inc., 2,760 square feet, tenant build-out, $304,164. Merchants Walk, 9965 San Jose Blvd., contractor is Coastal Construction of North Florida Inc., 2,315 square feet, alteration, $44,775. Dream Doors and Windows, 5220 Shad Road, No. 403, contractor is McKee-Thomas Construction Inc., 67,175 square feet, renovation, $40,000. Compiled by Scott Sailer
Special to the Daily Record
Jacksonville Port Authority immediate past board Chairman Ed Fleming, right, passes the gavel to his successor, John Falconetti.
The Jacksonville Port Authority elected four officers to its board of directors. Chair John Falconetti, chairman and CEO of Jacksonville-based Drummond Press Inc.; vice chair John Baker, executive chairman of FRP Holdings Inc.; treasurer Jamie Shelton, president of Bestbet Jacksonville; and secretary Wendy Hamilton, president, Eventide Investments of Florida Inc. Kerri Stewart, JEA’s chief customer officer, joined Groundwork Jacksonville’s board of directors. Before joining JEA, Stewart served as chief of staff for Mayor Lenny Curry and chief
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administrative officer for Mayors John Peyton and Alvin Brown. The University of North Florida will honor Adel ElSafty with its 2018 Distinguished Professor Award. ElSafty has been a professor in the School of Engineering for 13 years. He is conducting ElSafty research on prestressed concrete, bridge engineering, repair to structures and fiber-reinforced polymer applications in infrastructures. Compiled by Scott Sailer
Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, September 6, 2018 • Page 9
Coughlin CONTINUED FROM PAGE 1
for the New York Giants when Tom Coughlin was the team’s head coach. “We’re a sports family. We revolve around it in some way or another,” said Brian Coughlin, who took a different career path. He’s a criminal defense attorney and director at the Bedell Firm. Coughlin, 41, didn’t grow up dreaming of becoming an attorney. But as he was approaching graduation from the University of Michigan with a bachelor’s in political science, there was a family discussion with his parents. “We agreed that with my skill sets, it made sense to pursue a career in the law,” he said. “He’s always been very intelligent and able to express himself. He’s always had the ability to get his thoughts across and he’s a competitor,” said Tom Coughlin. When it came to selecting law school possibilities, there was only one choice: the University of Florida Levin College of Law. Before entering law school, Coughlin spent a semester working for Hank Coxe at Bedell, Dittmar, DeVault, Pillans & Coxe. Coxe had done some legal work for the team and had gotten to know Tom and Judy Coughlin and their children. The experience allowed Brian Coughlin to get a sense of what being a lawyer is like and it gave Coxe an opportunity for an early audition of an attorney he’d eventually hire. “Brian is a combination of his father’s self-discipline and work ethic and his mother’s grace and
Photo by Max Marbut
The Coughlin family, from left, Brian, Keli, Judy and Tom with Mayor Lenny Curry after Curry proclaimed Wednesday “Tom Coughlin Jay Fund Day” in Jacksonville. Tom Coughlin, the Jacksonville Jaguars’ first head coach, established the nonprofit in 1996. It has since provided $10 million in support and services to families with children who are diagnosed with cancer.
sense of humor. It’s remarkable that he has both so completely,” Coxe said. When he graduated from law school in 2003, Coughlin was faced with choosing a career path and finding his first job. “Because I didn’t have lawyers in my family, I had a TV concept of the law,” he said. “I thought criminal law was all there was to do. I did the best in criminal subjects in law school and being a prosecutor would get me into the courtroom and get me up to speed.” He was hired in 2004 as an
assistant by former State Attorney Harry Shorstein. He prosecuted criminal cases for about three years until Coxe decided it was time for Coughlin to switch from offense to defense. Shorstein also had hired Coxe directly out of law school, so the conversation about offering a job in the private sector to one of his assistants was “having a heartto-heart and telling him what we’d like to do,” Coxe said. “Harry was always of the position that he knew talent and he would never be a roadblock to somebody improving what they
were doing. Harry was totally in favor of it because he thought the world of Brian, too,” he added. Coughlin joined Bedell in 2007 and was appointed director in 2012. His practice is focused on criminal justice and he’s admitted to The Florida Bar, U.S. District Courts in Florida and the 11th Circuit U.S. Court of Appeals. “Brian is marvelous in the courtroom. He has as much selfinitiative as any lawyer I’ve dealt with and he has the respect of the judges and the other lawyers on both sides of the table,” said Coxe. Coughlin is a member of the
Jacksonville Bar Association board of governors and the immediate past chair of The Florida Bar Professional Ethics Committee. He also serves on the Daniel Kids Memorial board of trustees and is a member of the Tom Coughlin Jay Fund board of directors. The nonprofit was established by Tom Coughlin when he became the Jaguars coach. It is named after Jay McGillis, a young man who developed leukemia while a member of Coughlin’s football team at Boston College and died eight months after his diagnosis. “To have Brian on the board is extremely important. His thoughts and decisions and the advice he can give comes from a different perspective – a community perspective and a legal perspective,” Tom Coughlin said. Since it was established in Jacksonville in 1996, working with Wolfson Children’s Hospital and Nemours Children’s Clinic, the organization has provided $10 million in financial and other support to more than 5,000 families with children who are diagnosed with cancer. “Every year, the need grows with the population and we’ve been able to keep up with the need. We’ve never turned down a family that needs our help,” said Brian Coughlin. That community contribution was recognized this week when Mayor Lenny Curry proclaimed Wednesday “Tom Coughlin Jay Fund Day” in Jacksonville. “The Jay Fund will be as big a part of my father’s and my family’s legacy as football. We hope it will be around for generations,” said Brian Coughlin. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
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Page 10 • Thursday, September 6, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
THE BASCH REPORT
American Outdoor has best day in years
MARK BASCH CONTRIBUTING WRITER
Company that’s closing its Jacksonville facility sees its stock surge 43.6 percent in one day. As American Outdoor Brands Corp. prepares to close its Jacksonville facility, its stock had its best day in years Friday. The company which makes Smith & Wesson firearms and other outdoor products reported adjusted earnings of 21 cents a share for its first quarter ended July 31. That was up from 2 cents a year ago and was 9 cents higher than the average forecast of analysts, according to Zacks Investment Research. The earnings surprise sent American Outdoor’s stock up by $4.26 to $14.03 Friday, a 43.6 percent rise that was its best one-day gain since November 2000, according to investing website MarketWatch. American Outdoor last month said it is closing its Jacksonville facility with 50 employees, which it acquired when it bought outdoor gear company Ultimate Survival Technologies in 2016. During its conference call with analysts last week, company officials said the closing of the former UST building in Jacksonville is part of a plan to consolidate operations into a new logistics and customer service center in Missouri. The Springfield, Massachusetts-based company developed the Missouri facility as “a strategic initiative that will ultimately allow us to lower our costs and better serve our customers,” CEO James Denby said. “We are investing substantial resources into this new facility and its systems are an evolutionary step toward improving our efficiency, speeding up our integration of
future acquisitions and achieving our long-term strategy to better serve our wholesalers, retailers and consumers,” he said. Chief Financial Officer Jeff Buchanan said the company would have closed its Jacksonville operations sooner if the Missouri facility already had been in place. “Just take UST. Bought in 2016, not going to be integrated until 2020. If we had the Missouri facility then, we could have done that in three months because it’s not that complicated,” he said. American Outdoors is planning to close the 100,625-square-foot facility at 7720 Philips Highway in about eight months. UST was an 80-year-old family-owned Jacksonvillebased company that produced survival and camping equipment before the $32.3 million buyout. American Outdoor acquired it as part of its strategy to expand its business beyond the firearms market. The parent company changed its name from Smith & Wesson to American Outdoor Brands at about the same time of the UST deal to reflect the diversification strategy. About 25 percent of the company’s $138.8 million in first-quarter revenue came from its outdoors business. Firearms sales were basically flat in the quarter, but sales from the outdoors division rose 12 percent.
Shoe Carnival rolls to record highs Another stock benefiting from strong earnings last week was Shoe Carnival Inc., which reached record highs after reporting results well above analysts’ forecasts. The chain of footwear stores controlled by former Jacksonville Jaguars owner Wayne Weaver reported earnings of 76 cents a share for the second quarter ended Aug. 4, tripling the results from last year’s second quarter and beating the average forecast by 19 cents, according to Zacks. Total sales in the quarter rose 14.2 percent to $268.4 million and comparable-store sales (sales at stores open for more than one year) rose 6.7 percent. “Our mid-single digit comparable store sales increase was primarily driven by a double-
the firm has been unwinding its position in Regency. “The completion of the divestiture late last month eliminates a meaningful overhang from the stock and we think represents a good entry point,” Johnston said.
Cannabis product company grows revenue SHOE CARNIVAL SURGES
14.2% 6.7% Total sales in the second quarter to $268.4 million
digit increase in women’s non-athletic footwear with most of our other major footwear categories up mid-single digits. This positive trend has accelerated into the back-toschool season with comparable store sales up 7.7 percent through the first three weeks of August,” CEO Cliff Sifford said in a news release. “We believe we remain well positioned for future growth and based on these strong operational and financial results, as well as our outlook for the remainder of the year, we are raising our annual earnings guidance,” he said. Evansville, Indiana-based Shoe Carnival, which operates 402 stores in 35 states and Puerto Rico, is projecting earnings of $2.07 to $2.15 for this fiscal year, compared with its previous forecast of $1.90 to $2.05. The company had adjusted earnings of $1.49 a share in fiscal 2017. Shoe Carnival’s stock jumped by $4.83 to $41.74 on Aug. 29 after the earnings report and continued climbing the rest of the week, reaching a high of $45 on Friday. Weaver is chairman of Shoe Carnival and his family is the company’s largest shareholder, controlling about 31 percent of the stock.
Analyst upgrades Regency Centers Positive earnings reports from retailers like Shoe Carnival bode well for mall operators, prompting one analyst to raise his rating last week on
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Jacksonville-based Regency Centers Corp. “We think clear signs of a retail recovery have fueled the rally in Strip REITs in recent weeks, particularly following second-quarter results that were ahead of consensus on average,” Deutsche Bank analyst Derek Johnston wrote in a research report. Johnston said stocks of real estate investment trusts that operate strip shopping centers, like Regency, have risen almost 15 percent as a group over the last three months. “During the run we saw relative outperformance of the lower-quality names and are proactively rotating into higher-quality portfolios, which we think will outperform through the business cycle and as the retail landscape continues to evolve and densify,” he said. That prompted him to raise his rating on Regency from “hold” to “buy.” He said the upgrade reflects Regency’s “attractive” valuation. The stock has been trading in the mid-$60s recently, and Johnston’s price target is $72. “We also expect Regency to continue to produce above trend internal growth, given the quality of its portfolio, supplemented by the best-inclass development platform,” he said. Regency’s stock price has been hurt by recent sales of shares by Gazit-Globe Ltd., which had been its largest shareholder, Johnston said. Gazit-Globe was issued its shares when Regency bought Equity One Inc. last year, and
Jacksonville-based mCig Inc., which operates a number of businesses serving the legal cannabis markets, reported a big increase in sales in its last fiscal year. Revenue grew 48 percent to $7.1 million in the fiscal year ended April 30, mCig said last week. The company had a net loss of $1.08 million for the year, including one-time charges. Revenue included $3.7 million from mCig’s construction division, which provides consulting for businesses looking to build cannabis grow facilities, and $2 million from retail sales. The other $1.4 million in revenue came from its technology and media sales division called Obitx, which mCig is planning to spin off as a separate public company. Obitx has filed a registration statement with the Securities and Exchange Commission for the spinoff, which describes the company as a marketing and advertising business. In the spinoff, Obitx shares will be distributed to mCig stockholders. “With the S-1 approval of our subsidiary, Obitx, expected any day, and the upcoming harvest of our first hemp crop at NYAcres, we are very optimistic that the upcoming year will add increasing value for our shareholders,” mCig CEO Paul Rosenberg said last week in a news release. NYAcres is a joint venture producing hemp at a farm in upstate New York. The company’s annual report said mCig employs 73 people at its businesses, including part-time workers and consultants. The company’s stock trades on the OTC market under the ticker “MCIG,” and it expects Obitx to also trade on the OTC market.
MBASCH@ JAXDAILYRECORD.COM
Jacksonville Daily Record/Jacksonville Record & Observer
Thursday, September 6, 2018 • Page 11
LEGAL COMMUNITY JBA committee considering CLE on mental health
The Florida Bar and the American Bar Association have made attorney mental health awareness a priority. The Jacksonville Bar Association Health & Wellness Committee laid the groundwork for a new member benefit tentatively scheduled for January. Committee Chair Ed Birk said “we’re just beyond the idea stage,” but discussion has begun regarding a daylong Continuing Legal Education seminar focused on mental health issues. The Florida Bar and the American Bar Association have made attorney mental health awareness an initiative, but committee members said another issue is client mental health issues and how that can
Photo by Max Marbut
JBA Health & Wellness Committee members, from left: Circuit Judge Karen Cole, Pamela Deneuve, Marquita Green, Ed Birk and Tad Delegal.
affect their attorney. The committee agreed it’s a subject that’s rarely addressed, but could be included in the seminar. “As attorneys, we take on other people’s problems. We have to have an understanding of what they are going through,” said JBA past President Tad Delegal. “I remember the first time I saw a litigant have a manic episode (in court). It was an eye-opener,” said Circuit Judge
Karen Cole. The committee will consider topics and presenters for the planned seminar. It may be formatted as a morning session and an afternoon session with lunch and a keynote speaker at the intermission. More than one ethics CLE credit may be applied for through The Florida Bar. The committee agreed it will meet at noon the last Friday of each month at the JBA office on the 22nd floor of Wells Fargo Center.
Federal magistrate seeks reappointment
The state Supreme Court ordered former 4th Circuit Judge Mark Hulsey III to be publicly reprimanded by publication in the Southern Reporter. Hulsey also must complete a professionalism workshop. The court determined that while a sitting judge, Hulsey failed to ensure that his campaign ads were approved by the endorser in writing, in compliance with election laws. He also used his judicial assistant to perform personal tasks to the extent that it interfered with her ability to perform her duties, and he used the 4th Judicial Circuit’s business account for personal items. The court also entered a judgment in favor of The Florida Bar in the amount of $2,586.37 against Hulsey for recovery of costs. Hulsey resigned from the bench in January 2017 while facing allegations of racism and sexism and possible impeachment by the state House of Representatives and sanction by the Judicial Qualifications Commission. Hulsey denied doing anything inappropriate or making racist or sexist remarks.
U.S. Magistrate Judge Monte Richardson’s term expires June 1. As required by law, the Middle District of Florida has established a merit selection panel to consider his reappointment to an eight-year term in Jacksonville. No later than Sept. 14, comments may be submitted by email to resume_orl@flmd. uscourts.gov or by mail to Elizabeth Warren, Clerk of Court, U.S. District Court, Middle District of Florida, Attn: Magistrate Judge Re-appointment, 401 W. Central Blvd., Suite 2100, Orlando 32801-0210.
On the move Two law firms applied to the city last week for certificates of use to move into office space: n Campione Law is relocating from 2700 University Blvd. into 3,685 square feet in an office building at 3200 Emerson St. n West Palm Beach-based Roberts, Reynolds, Bedard & Tuzzio is opening a Jacksonville office in 2,200 square feet of space at 12276 San Jose Blvd. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
BASCH REPORT:
Mark Basch JACKSONVILLE COMPANIES AND THE ECONOMY, WRITER
Hometown: Somerset, N.J. Currently living: Jacksonville Area Beaches Daily Record employee: Seven years Alma mater: Northwestern University
ss
What you do when you are not working? I spend as much time as possible on the beach and when the weather chases me inside, I’m usually watching sports.
Other news organizations have dropped their business coverage as a cost-cutting move, but the Jacksonville business community continuously
Connect: mbasch@jaxdailyrecord.com
tells us how much they need and appreciate the Daily Record’s coverage. Jacksonville is a major business city and people need to be informed about what happens here. Mark Basch
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THE MARBUT REPORT
MAX MARBUT ASSOCIATE EDITOR
Hulsey disciplined by Supreme Court
Page 12 • Thursday, September 6, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
Winning judges make post-election plans Maureen Horkan, Kimberly Sadler and Michael Bateh will take office in January. BY MAX MARBUT ASSOCIATE EDITOR
For three attorneys who will become judges, the Aug. 28 primary election marked the end of their campaigning for office and the beginning of their personal and professional preparation to join the bench. Maureen Horkan, who was elected to the 4th Judicial Circuit bench, began her campaign four months before the election. With 55 percent of the vote, she defeated former state Rep. Charles McBurney. “It seemed daunting. When I look at what was accomplished, it’s staggering,” Horkan said. Being elected judge didn’t seem real, she said, until she had to visit the Duval County Courthouse two days after the primary election to be fitted for her robe. “Going into the courthouse, my cheeks hurt because my smile was so big.” In addition to shutting down her private practice and finding other attorneys to represent active clients, Horkan plans to spend time in the courthouse before she takes office. “I’ve practiced family law for the past five years, so I haven’t been in all the courtrooms. I’ll be observing how the judges conduct court,” she said. Attorney Kimberly Sadler, a former public defender now in private practice specializing in criminal defense, was elected to the Duval County Court. She received 64 percent of the vote to defeat La’Rae Hendrix, a family law attorney. Sadler credited her associates in the profession for her election. “I think a lot of lawyers stepped up because they know me. I think everything hit at the right time,” she said. Sadler also will be devoting time before January to helping her clients find other attorneys to represent them. “I’ve already turned a lot of clients over,” she said the morning after the election. “My colleagues are like my family.” Assistant Public Defender Michael Bateh also was elected to the Duval County bench. He defeated Gerald Wilkerson by a margin of 61 percent to 39 percent.
Special to the Daily Record
Attorney Hank Coxe, Circuit Judge-elect Maureen Horkan and former State Attorney Harry Shorstein at Horkan’s election returns watch party.
“We had a great team,” Bateh said. He said he and his supporters “walked the county and knocked on thousands of doors.” “Most of the people I met, the only way I’ll meet them again is if they appear before me in court,” he added. Bateh took some time off the week after the election, but was back at the public defender’s office after the Labor Day holiday. He’ll no longer be representing clients in court; he’ll be working with other assistant defenders who will be taking over his active cases and mentoring young public defenders. Horkan, Sadler and Bateh will be sworn into office in January, along with Jacksonville Bar Association President Katie Dearing and former Assistant State Attorney Collins Cooper, who were elected Aug. 28 without opposition to the circuit bench. MMARBUT@ JAXDAILYRECORD.COM (904) 356-2466
A TOPSY-TURVY MIX OF MISTAKEN IDENTITY, GANGSTERS & ROMANTIC ENTANGLEMENTS
Special to the Daily Record
Cyndy Trimmer, attorney at Driver, McAfee, Hawthorne & Diebenow, and Duval County Judge-elect Michael Bateh at Bateh’s election night celebration. Both are members of the Jacksonville Bar Association board of governors.
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Thursday, September 6, 2018 • Page 13
Discrimination suit against city dismissed After a battle of more than four years, court says firefighter could not prove allegations. BY MAX MARBUT ASSOCIATE EDITOR
After more than four years of litigation, a complaint filed in federal court against the city of Jacksonville alleging racial discrimination and hostile work conditions was dismissed. On Aug. 28, U.S. District Judge Timothy Corrigan granted summary judgment in favor of the city and against the plaintiff, Marcel White, and ordered the case file closed. White is identified in court documents as an employee of the Jacksonville Fire and Rescue Department since 1994. An African-American, he alleged JFRD discriminated against him based on his race in violation of Title VII of the 1964 federal Civil Rights Act and also retaliated against him for making complaints, harassed him and created a hostile work environment in violation of Chapter 760, Florida Statutes. In 2002, White, whose rank is firefighter, obtained his state inspector’s license and was assigned to JFRD’s Fire Prevention Division. Inspectors annually evaluate more than 20,000 commercial properties and places of public assembly to ensure compliance with city fire protection codes and state law. In March 2012, Kevin Jones, the fire prevention quality assurance officer, notified White and the other 12 fire safety inspectors in an email that the inspectors were not issuing written citations for all observed violations and that the practice had to stop as it jeopardized public safety. Court documents indicate that at the time of the notification, one of the fire inspectors was Hispanic, three were white and nine were African-American, as was the quality assurance officer. About a month after the email, when Jones had not noticed significant improvement, he sent the inspectors another email. It noted his concern that the low number of citations written compared to the number of inspections performed could be indicative of “misconduct.” He stated that inspectors are required by law to document fire code violations in writing and
Special to the Daily Record
Costa Del Mar’s “lifetime warranty” on the company’s sunglasses is at the center of two class-action lawsuits filed in Jacksonville.
ALSO ON THE DOCKET
Sunglasses-maker Costa Del Mar sued over ‘lifetime warranty’ repairs Attorney Peter Hargitai with the Jacksonville office of Holland & Knight filed two class-action lawsuits against Costa Del Mar Inc. A spokesperson for Costa Del Mar said the company does not comment on pending litigation. The complaints allege that the Daytona Beach-based manufacturer of sunglasses for many years sold its products with a “lifetime” warranty, but charged customers for repair of its products. In some cases, the complaint states, customers were charged at least $11.95 for damages caused by accident, misuse or normal wear and as much as $89 to replace lenses and $49 to replace frames under the warranty. A complaint was filed in January in the 4th Judicial Circuit, alleging violation of the Florida Unfair and Deceptive Trade Practices Act. That case is scheduled for trial in April. A similar complaint was filed Aug. 20 in the U.S District Court, Middle District of Florida in Jacksonville. It alleges Costa Del Mar violated the federal Magnuson-Moss Warranty Act. which requires companies that offer a “lifetime”
that failure to do so would be treated as “willful negligence of duty and/or incompetence.” A few weeks later, while per-
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Former Olympic world champion swimmer Nancy Hogshead-Makar filed a lawsuit Aug. 27 against the U.S. Olympic Committee, the Women’s Sports Foundation and several of the organizations’ present and past executives. The complaint alleges the defendants acted together to prevent Hogshead-Makar from lawfully advocating on behalf of female athletes who were subjected to physical and sexual abuse. Hogshead-Makar contends that through the actions of the defendants, she lost past and future earnings and benefits and has suffered mental anguish, diminished earning capacity and damage to her reputation. The complaint, filed on Hogshead-Makar’s behalf by attorney Scott Fortune, seeks a judgment for damages and a jury trial.
forming a quality assurance review, Jones determined that in multiple instances, White had failed to properly document
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warranty to repair or replace defective consumer products without charge. A hearing to decide whether to declare the complaint a class action is scheduled in December.
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expired fire extinguishers and sprinkler systems at locations he had inspected. The review also determined that in some com-
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mercial blocks that White reportedly had fully inspected, he had skipped some businesses entirely. On May 8, 2012, Jones issued to White his findings in a “Rule Infraction Charges” notice, which indicates that disciplinary action may be taken. White submitted a rebuttal to the charges, stating he was following accepted practices and questioned whether he was being singled out, since no other inspectors were being accused of improper conduct after the review. The charges and White’s rebuttal were reviewed by JFRD Fire Chief Martin Senterfitt, who determined the matter could involve possible criminal charges and referred it to the State Fire Marshal. The state completed a sixmonth investigation that identified possible falsification of records and multiple examples of negligence involving breach of duty. The case was referred to the State Attorney’s Office, which decided not to prosecute it as a criminal matter. Instead, JFRD was advised the findings should be handled as a disciplinary matter, which JFRD elected not to pursue, according to court documents. White then assured his superiors he was prepared to perform inspections in accordance with the law and he was returned to duty as an inspector. While the state investigation was underway, White was assigned to a 40-hour week in Tactical Support and not allowed to perform fire safety inspections or work in the field. He forfeited his inspector’s pay and his special assignment pay. White requested retroactive special assignment and inspector pay for the period while he was reassigned ($3,636.34) but JFRD denied his request because the reassignment was justified in light of the state fire marshal’s findings. It was also during his reassignment that White filed the discrimination and workforce complaint. The court found that White could not prove his allegations through direct or circumstantial evidence and that the city followed proper procedure in its handling of White’s civil rights and employment.
Lisa A. Dasher, J.D.
(904) 866-0268 Attention attorneys! Schedule online at jacksonvillefamilymediation.com Monday - Friday 8:00 a.m. to 5:00 p.m. Weekends by Appointment.
Page 14 • Thursday, September 6, 2018
THE BAR BULLETIN
Jacksonville Daily Record
Bar Bulletin The
PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM
INSIDE
COMMENTARY
IT’S TIME FOR ACTION GENDER EQUITY IS IMPORTANT, OR IT’S NOT
YOUNG LAWYERS
Renaissance on, off field Jacksonville, much like the NFL team that represents it, finds itself in an era with an unlimited amount of potential. It is hard to recall an era filled with this much optimism in Duval County. PAGE 16
I BILL ADAMS GUNSTER, YOAKLEY & STEWART
n my previous column, I asked everyone to make room for the advancement of female lawyers. Achieving equity isn’t just the job of firms and their diversity committees. It requires the cooperation of opposing counsel and the willingness of the bench to step in and force that cooperation when needed. Summed up, when faced with choices, our profession should lean aggressively toward the option that encourages diversity of all kinds, particularly when the choice typically costs us so very little.
Recently, a friend emailed me a link to news coverage of Christen Luikart’s experience in Palm Beach County. Luikart, co-chair of the Jacksonville Bar Association’s diversity committee, a great lawyer and an all-around good person, is lead counsel on a matter pending in Palm Beach. The case was filed in 2016 and was on its first trial setting this fall. She also happens to be pregnant with a baby due around the trial date. On the advice of her doctor, she asked SEE ACTION, PAGE 19
ON THE BENCH
4th Judicial Circuit Judge James Daniel Learn about the inspirations, community services, favorite food and movie of the former partner at Coker, Schickel, Sorenson and Daniel. PAGE 19
FROM THE PRESIDENT
Holding on to that summer feeling just a little longer “August rain: The best of the summer gone, and the new fall not yet born. The odd uneven time.” SYLVIA PLATH
KATIE DEARING JBA PRESIDENT
That is where we are now: the odd uneven time. Summer is over, but it’s not yet fall. It’s still hot and sticky outside, but football season is here. Kids are back in school, but it’s not yet time to think about Halloween costumes. The odd uneven time.
But the end of summer doesn’t have to mean the end of relaxation or rejuvenation. From the time we are young, we are conditioned that summer is the time to play. School is out, no homework, time for vacation. We (sometimes desperately) hold on to that feeling as adults. Memorial Day is our permission slip to escape the hustle and bustle even for a little bit. Then Labor Day always leaves me wistful. I want to cram in
a last minute vacation, or live vicariously through friends who do, and exchange “what I did on my summer vacation” stories with colleagues. Historically, depositions and hearings are harder to set in the summer, meetings have more people attending remotely and cases move along a bit slower. This used to annoy me, as a multiparty case could grind to a halt because counsels’ vacations never seemed to overlap. But this
summer, I found myself happy for any lawyer who said, “I’m out that week,” and dove right in to where he or she was going, adding it to my travel bucket list if I hadn’t already visited. However, this summer didn’t quite have the same feeling of collective escape. Don’t get me wrong, as someone who was supposed to be knocking on doors all summer but didn’t have SEE DEARING, PAGE 19
THE BAR BULLETIN
Jacksonville Daily Record
Thursday, September 6, 2018 • Page 15
TUESDAY JUDICIAL RELATIONS COMMITTEE Noon, Duval County Courthouse, Room 6174 Register at jaxbar.org SEPT. 18 ADR COMMITTEE Noon, Florida Coastal School of Law Register at jaxbar.org SEPT. 19 YOUNG LAWYERS SECTION JUDICIAL BREAKFAST 8:30 a.m., Duval County Courthouse, chief judge’s chambers Register at jaxbar.org
UPCOMING EVENTS WEDNESDAY JBA MEMBER LUNCHEON 11:45 a.m., Prime Osborn Convention Center 0.5 CLE/0.5 bias elimination credits approved by The Florida Bar. Register at jaxbar.org
Special to the Daily Record
BAR BULLETIN STAFF
O
n July 26, the Transactional Law Section of the JBA held a joint social with the North Florida Chapter of the Association of Corporate Counsel at Moxie Kitchen + Cocktails. Members of both organizations came together for a
SEPT. 20 NEW ATTORNEY SWEARING-IN CEREMONY 4 p.m., Duval County Courthouse, Courtroom 406 The ceremony will begin promptly at 4 p.m. Attorneys being sworn in should arrive at 3 p.m. to complete required paperwork. Bring proof of identification. Register at jaxbar.org
night of networking and socializing. The JBA is focused on bringing voluntary Bar organizations together to encourage cooperation among the variety of practitioners we have in Northeast Florida.
The JBA’s Appellate Practice Section rocks
WILLIAM GRAESSLE APPELLATE LAW COMMITTEE CHAIR
Reception for judges scheduled Sept. 27 at State Attorney’s Office. The Appellate Practice Section, nominally a “committee” of the Litigation
Section of the Jacksonville Bar Association (whose members bristle under this anachronistic yoke of oppression), comprises approximately 50 members whose primary practice area or interest is appellate practice. The APS traditionally holds quarterly luncheons at the Whiteway Deli in Riverside and sponsors or co-sponsors several events during the year. On June 24, APS sponsored a “Lunch and Learn” seminar with the 1st District Court of Appeal that provided significant CLE credits for attendees (including the elusive ethics and technology credits) as well as an engaging and energetic exchange between 1st DCA Judges Scott Makar, Harvey Jay, Ross Bilbrey, Stephanie Ray and the attendees. Topics covered a range of practice issues as well as the judges’ perspective on effective appellate advocacy. On Sept. 27, APS and the Jacksonville Chapter of the Federal Bar Association
THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP President T. A. “Tad” Katie Dearing Delegal III Delegal Law Dearing Law Offices Firm
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 Mathis V. Hill Maple Street Dawson | Orr Biscuit Co. Executive Director Jim Bailey, (904) 399-4486 Interim Executive Director Carla Ortiz-Ramos
will co-sponsor a reception at the State Attorney’s Office for the U.S. Court of Appeals for the 11th Circuit, who will be holding oral arguments here in Jacksonville. For the past several years, these receptions have been at the home of Judge Makar and his wife, Nancy Hogshead-Makar. Dates and times for upcoming receptions will be announced via the JBA newsletter after the remainder of the 1st DCA’s oral argument calendar is finalized. APS also will continue its quarterly luncheons, which are productive gatherings for an exchange of ideas, questions and sharing of “war stories.”
SEPT. 20 YOUNG LAWYERS SECTION HAPPY HOUR 5 p.m., The Justice Pub Register at jaxbar.org OCT. 18 YOUNG LAWYERS SECTION ANNUAL GOLF TOURNAMENT Noon, Deercreek Country Club Save the date
WILLIAM GRAESSLE IS THE OWNER OF WILLIAM S. GRAESSLE, P.A. AND A BOARD CERTIFIED APPELLATE LAW PRACTITIONER.
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 GrayRobinson
Kelly Jessica Karstaedt Mathis Karstaedt Dawson&| Orr Stanko Adina Adina Pollan Pollan Pollan Pollan Legal Legal
JBA CALENDAR
JBA, ACC mix it up at Moxie
UPCOMING MEETINGS
Page 16 • Thursday, September 6, 2018
THE BAR BULLETIN
Jacksonville Daily Record
YOUNG LAWYERS
A renaissance on and off the field TIM MILLER YOUNG LAWYERS SECTION BOARD OF GOVERNORS
We’re living in an era with unlimited potential. As the calendar turns to September and we transition into the fall season, the optimism in the air regarding the Jacksonville Jaguars’ upcoming season is tangible. After an exhilarating run through the playoffs that found the team at their deepest place in the postseason since 1999, the season ahead undoubtedly holds the greatest amount of optimism in recent memory. It is only fitting that this team, wanting to gain respect and nationwide notoriety, hails from Jacksonville and finds itself in a similar position as the city it calls home. Jacksonville, much like the NFL team that represents it, finds itself in an era with an unlimited amount of potential. It is hard to recall an era filled with this much optimism within Duval County. Between the proposed development of the Shipyards property, which will revitalize an area of the riverbank that has been vastly underutilized for decades, to the new concept of “The District,” which will be built on the Southbank, Jacksonville certainly has the potential to awaken the proverbial “sleeping giant.” Progress can be seen even at the legal level where many of us have it before our very eyes each day in the new Duval County Courthouse. For those of us who started our legal careers in the old courthouse, the difference could not
File image
An artist’s rendering of plans for the Shipyards next to TIAA Bank Field.
be more drastic. Couple that with the fact that plans are underway to demolish the old courthouse and State Attorney’s Office in order to bring greater utilization to the riverbank area on Bay Street and real progress is evident. Downtown is not the only area that has heard the calling to unleash its full potential. If one had driven through the Brooklyn and Riverside neighborhoods only 10 years ago, the difference between then and today would be noticeable. In the case of Brooklyn, it has advanced from being a nonentity in terms of desirable places to go to one that each day brings in a lot of consumer traffic by the way of new restaurants and of course the beloved Fresh Market. Riverside continues to be at the forefront of Jacksonville development and cutting-edge concepts. Whether it’s the addition of trendy restaurants that utilize rooftop areas, such
File image
Kanine Social recently opened in Riverside.
as River & Post, Black Sheep or Hoptinger, to the new concept of Kanine Social where patrons can bring their dogs with them to the taphouse, constant growth and change has been on display. While progress and potential are good things, they are not worth much if they are not sustained and maximized. Where
does that leave us, you might ask? Just as it is up to the players on the Jaguars’ opening day roster to do what they need to do to be successful this season, it is up to us as the citizens of Jacksonville to not be complacent in hoping development will happen but to become engaged and involved
with the community. Something as simple as choosing one of the new local establishments for your next work or family outing can go a long way in showing that this growth is not only sustainable, but the right thing to do. It is vital that we as a community become involved in any way we can, whether through the Jacksonville Bar Association or the JAX Chamber, to show our leaders that we care and we are proud to call the First Coast our home. The parallel of Jacksonville and the Jaguars is one of unlimited potential. Both the city and the team appear to be hitting their strides at just the right time. The story has not yet been written, but I am optimistic and hopeful that it will be a great one with a fantastic ending. TIM MILLER IS AN ASSOCIATE WITH ROBERT SHAFER AND ASSOCIATES P.A. FOCUSING ON CRIMINAL DEFENSE.
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 .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.
Upcoming CLEs SEPT. 21 FAMILY LAW SEMINAR PRESENTED BY FAMILY LAW SOFTWARE 8:30 a.m., Duval County Courthouse, jury assembly room This seminar will cover a range of topics including a collaborative law update, an appellate law update, mental health and competency of clients, tax consequences in a divorce, temporary vs. concurrent custody, domestication vs. registration and qualified domestic relations order. Light breakfast & lunch will be provided. Register by Sept. 18 to be included in the lunch count. 7.5 CLE, 1.0 appellate practice, 7.5 marital & family law certification credits and 1.0 tax law certification credits approved by The Florida Bar Register at jaxbar.org.
Keep involved in the JBA
Key reasons to renew JBA membership
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.”
n Bench & Bar Holiday Party free to members n Summer Judicial Reception free to members n General & Law Day luncheons free to members n Annual golf tournament n Free committee participation n Access to Attorney Conference Center, Duval County Courthouse n Bar Bulletin — First Thursday edition of Jacksonville Daily Record n CLE seminars at reduced rates n Optional Lawyer Referral Service membership n JBA E-News member email n Free listing in website directory with photo
THE BAR BULLETIN
Jacksonville Daily Record
Thursday, September 6, 2018 • Page 17
PRO BONO2018 ELECTION
CONGRATULATIONS TO THE NEW JUDGES
DUVAL COUNTY JUDGE-ELECT MICHAEL BATEH
4TH CIRCUIT JUDGE-ELECT COLLINS COOPER
4TH CIRCUIT JUDGE-ELECT KATIE DEARING
4TH CIRCUIT JUDGE-ELECT MAUREEN HORKAN
DUVAL COUNTY JUDGE-ELECT KIMBERLY SADLER
THESE FIVE JUDGES WERE ELECTED IN THE AUG. 28 PRIMARY ELECTION. THEY WILL TAKE OFFICE IN JANUARY.
Summer’s over, let’s get this party started
ELIZABETH FERGUSON JBA PRESIDENT-ELECT
There is something for everyone looking to get involved in the Jacksonville Bar Association.
Don’t let this hot weather fool you, summer is over. School buses are on the roads, Interstate 95 traffic is back to normal, pumpkin spice lattes are on the horizon and the Jacksonville Bar Association has begun a new year. Under the leadership of President Katie Dearing, we have many events and informative programs planned for the year. Many are hosted by the backbone of the JBA, its sections and committees. As the association continues to grow and evolve to meet the needs of our members, section and committee chairs serve an intricate role in that work and there is something for everyone looking to get involved. There are committees focusing on almost every practice area: n Adoption Law
n ADR Practitioners n Appellate Law n Commercial Litigation n Construction Law n Corporate, Business and In-
House Counsel Law n Criminal Law n Dependency Law n Elder Law n Environmental & Real Property Law n Estate Planning, Probate & Tax Law n Family Law n Franchise, Intellectual Property & Technology Law n Health Law n Labor & Employment Law n Social Security Law There also are committees that focus on other aspects of the law, including: n Bar Bulletin n Diversity and Inclusion
n Governmental Relations n Hispanic & Latino Interest n Holiday Project n Judicial Relations n Law Week n Legal Technology n Mentoring n Pro Bono n Professionalism n Solo Practitioner/Small
Firms n Veterans and Military Affairs n Young Lawyers Section If you are interested in participating in the JBA, the committees are a great way to get started. If you have not yet renewed your membership or are interested in becoming a new member, visit jaxbar.org/general/register_member_type.asp?. During the registration process you will be able to pick committees that you would like
to join and you can join as many as you wish. Members are free to update their profile at any time, including adding committees. While you are on the website, be sure to check out the new JBA calendar. It includes all legal events, not just JBA events, and allows you to easily RSVP for JBA events at any time. It is a great resource. If you have any issues with the website or logging in, contact the JBA office at (904) 399-4486. We have a great year planned and I look forward to seeing you at our luncheons and events. ELIZABETH FERGUSON IS A SHAREHOLDER WITH MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, FOCUSING ON CONSTRUCTION AND PROFESSIONAL LIABILITY DEFENSE.
Page 18 • Thursday, September 6, 2018
THE BAR BULLETIN
Jacksonville Daily Record
PROBONO BONO PRO
The need has never been greater Help is needed in all practice areas. Go online to review cases in need of placement. BY KATHY PARA JBA PRO BONO COMMITTEE CHAIR
The Jacksonville Bar Association Pro Bono Committee works with organizations and committees throughout the 4th Judicial Circuit to identify meaningful pro bono projects that help fill the legal needs of low-income residents. These include Florida Coastal
School of Law, the 4th Circuit Pro Bono Committee, Guardian ad Litem, the Office of Public Defender, Jacksonville Area Legal Aid, the JBA/Dependency Court Attorney Ad Litem project, Missing Link, the Northeast Florida Medical Legal Partnership, Three Rivers Legal Services and others. With this broad knowledge of the legal needs of our lowincome community, Pro Bono Committee members are able to assist in identifying gaps in access to justice and the existing projects addressing those needs. This effort is called the Pro Bono Initiative and many JBA
committees and members have jumped on board. The JBA substantive committees work with the Pro Bono Committee to identify appropriate and meaningful pro bono initiatives. For example, the Family Law committee helps staff the monthly group information clinics, provides one or two attorneys for Missing Link monthly meetings and encourages members to take one pro bono case per year. Similar efforts are supported by committees such as Estate Planning and Tax Law, Elder Law and ADR Practitioners.
There are many opportunities that fill critical needs in our community and provide attorneys with manageable pro bono involvement and professional development resources. It’s easy to review opportunities online. Visit jaxbar.org, Sections, United Committees, Pro Bono. Scroll down and click on “Pro Bono Opportunities.” You’ll be able to review cases in need of placement on the “Florida Pro Bono Matters” link on the left and many of the clinic and Ask-A-Lawyer opportunities on the right. The need has never been greater.
Call on members of The JBA Pro Bono Committee to help you, your committee and other voluntary Bar associations find meaningful ways to provide pro bono legal assistance. CONTACT ANY MEMBER DIRECTLY, INCLUDING KATHY PARA, CHAIR, KATHY.PARA@ JAXLEGALAID.ORG, AND LAURA BOECKMAN, COCHAIR, LAURA.BOECKMAN@ MYFLORIDALEGAL.COM. THE JBA PRO BONO COMMITTEE IS HERE TO HELP.
There are many opportunities that fill critical needs in our community and provide attorneys with manageable pro bono involvement and professional development resources.
2018-19 Pro Bono Committee
Alessandro Apolito
Laura Boeckman
Lisa DiFranza
Hollyn Foster
Leslie Goller
Debbie Lee-Clark
Joe Meux
Karen Millard
Doug Milne
Ingrid Osborn
Kathy Para
Amanda Thoele
Kasey Wagner
THE BAR BULLETIN
ON THE BENCH
Jacksonville Daily Record
Thursday, September 6, 2018 • Page 19
JAMES DANIEL BAR BULLETIN STAFF
Fourth Judicial Circuit Judge James Daniel was a partner at Coker, Schickel, Sorenson and Daniel from 2000 to 2008. He was elected without opposition in 2008 and re-elected without opposition in 2014. Who or what inspired you to become a lawyer? I can’t say it was one thing or one person. I got to know a number of attorneys that were alumni of my college fraternity. They were incredibly supportive and I thought their jobs made an impact in their community. What they did mattered. Who inspires you now? Former Jacksonville Sheriff and former Edward Waters College President Nat Glover. I cannot think of a more decent person who has done so much to try and bridge divides in our community. He overcame racial discrimination to become an incredible public servant for the people of Jacksonville. How do you relate your undergraduate degree to your practice on the bench? History involves looking at primary and secondary sources to draw conclusions about what happened in the past. It’s no different than a trial where the jury or judge is asked to factually determine what happened based on evidence. What community service have you pursued and why? I have participated in service events through membership in various organizations and our family has a history of supporting the
Jacksonville Zoo and Gardens. Do you have any leadership roles within the community? I am currently president of the Chester Bedell American Inn of Court. What is your favorite book? “Let the Great World Spin” by Colum McCann. What is your favorite movie? “O Brother, Where Art Thou?” Do you have any special talents? If talent is defined as running a halfmarathon in 2½ hours or occasionally breaking 90 on the golf course, then I have that. If you weren’t a judge what do you think you’d be? A high school teacher and soccer coach. Have you traveled anywhere exotic? No. Having a child with out-of-state tuition currently prevents that. If you could meet someone from history, who would it be and why? Thurgood Marshall. I would love to discuss his trial strategy and experiences defending clients in the Jim Crow era and arguing cases in front of the U.S. Supreme Court. What’s your favorite food? Turkey.
Special to the Daily Record
Dearing: Plan now to get away and recharge CONTINUED FROM PAGE 14
to, summer was terrific. But the profession felt busier than usual. Meetings were easier to coordinate and were well attended. Hearing times were more available. The July Jacksonville Bar Association luncheon had the highest attendance of the year. Why? Are we losing that summer-loving feeling? Or are we
losing the ability to really separate our lives from our jobs, to walk away, even for a few days? We picked a career with homework (that was our first mistake) and technology hasn’t helped the elusive “work-life balance.” We’re always “on,” and the line between life and work isn’t as clear as it once was. The ever-quickening pace of this profession will continue to challenge our commitment to
the “life” side of that equation. As it seems more of us are skipping time off in favor of one more trip around the hamster wheel, might I make a suggestion: Plan a vacation now. Summer isn’t the end of respite, it’s just the end of the season in which we freely allow ourselves to take it. Thanksgiving, Christmas and early 2019 provide lots of opportunities to plan now for a getaway to recharge.
Not long ago, my doctor asked if I was happy. It was an unexpected question, designed to challenge my goals and life priorities. He followed it up by asking when our next vacation was planned, explaining that looking forward to a vacation can be as restorative as the vacation itself. The two questions were related. We will be happier people (and colleagues) if we get away
from our jobs and professional obligations and remember the life we are balancing to achieve. “One must maintain a little bit of summer, even in the middle of winter.”
HENRY DAVID THOREAU
KATIE DEARING IS PRESIDENT OF THE JBA BOARD AND JUDGEELECT FOR THE 4TH JUDICIAL CIRCUIT.
Action: Gender discrimination plays out daily CONTINUED FROM PAGE 14
her opposing counsel to move the trial setting to accommodate the birth. A senior lawyer at an international firm, he opposed the request, arguing that the case could be tried earlier or one of the other lawyers at Murphy Anderson could step in as lead counsel. News of Luikart’s experience spread and is generating a bit of debate. It is easy to see why: When a female lawyer from a small firm gets in a dispute with an older male lawyer from a global firm over something so fundamentally gender-related as pregnancy leave, you can find yourself in one of two camps. Some say this is a classic example of gender bias, one that unfairly forces women to choose between career advancement
and family. Others may claim it is political correctness run amok, arguing that it is entirely reasonable to oppose a motion to continue for a seriously injured client who has waited years for his day in court. I would posit that both camps are absolutely correct. In other contexts, the senior lawyer’s position is entirely appropriate. His client deserves his day in court, the court could advance the trial and other lawyers could easily stand in if needed. These arguments all have validity. Yet, in this context, they fall short. Gender discrimination exists. It is real and plays out daily in ways both large and small, patent and latent. If the legal profession is serious about eliminating bias, then we all have to commit to act in
favor of equality and hold each other accountable to this standard. We are called to exercise our discretion to make our fellow attorneys’ lives easier where we can, but when the thing we should do out of courtesy also advances the cause of justice, I would suggest that we are dutybound to do the right thing. Regrettably, the senior lawyer took a narrower view. Not only did the court disagree, but he was suspended by his firm for his position, which is in stark opposition to his firm’s stated values. Worse still, he put his professional and personal reputations, built over the course of decades, in jeopardy. Some might say this is a high price for a small lapse in judgment, but after years of industry lip service and endless rationalizations that maintain the status quo, the more powerful argument supports the firm’s
decision. He had the chance to do the right thing, but he chose poorly. In the profession, gender equity is important or it is not. If it is not, then we continue as we have, leaving such issues to lunchtime training sessions, breakouts at the occasional retreat and broadly worded policy statements. But if it really matters, we have to demand better from ourselves and each other. We must create opportunities for women, support them in their efforts and be willing to take real action when one of our number fails to meet our collective expectations. When we decide to behave unjustly, there should be consequences. Rationalizations offered to diminish or legitimize discriminatory behavior do nothing but perpetuate the problem.
Training designed to educate the unaware about equality issues has its place, but should be used proactively and not viewed as an easy “out” when missteps are made. Some might argue that suspension is too severe, but if gender equity really is central to his firm’s values, what other option would suffice? Gender equity is important, or it is not. People and institutions defend what they value and ignore the irrelevant. The legal profession has talked about this issue for long enough. It’s time for action. BILL ADAMS IS A MEDIATOR, COMMERCIAL LITIGATOR AND THE MANAGING SHAREHOLDER OF GUNSTER, YOAKLEY & STEWART’S JACKSONVILLE OFFICE.
IN THE LAW
Page 20 • Thursday, September 6, 2018
Jacksonville Daily Record/Jacksonville Record & Observer
EDWARD BIRK
EDWARD L. BIRK Shareholder, Marks Gray P.A.
BY MAX MARBUT • ASSOCIATE EDITOR
Edward Birk is a shareholder at Marks Gray who recently was elected vice president of the Association of Defense Trial Attorneys. Birk also is chair of the Jacksonville Bar Association’s Health & Wellness Committee. What do you think will be the next biggest change in your area of law? Artificial intelligence and the merging of human and machine knowledge will continue to change our profession in ways that are difficult to envision. Many of our technology pioneers— Bill Gates and Steve Jobs among them—have said we need to pay close attention now to how artificial intelligence may change our lives tomorrow.
Who or what inspired you to become a lawyer? Coming of age during the civil rights movement, Vietnam War and Watergate, I witnessed the importance of our legal system and news media. Years later, working as a journalist, I observed many legal matters from the sidelines and reached a point where it was time to leave the sidelines and jump into the arena. Now, helping people and businesses, especially news organizations, achieve their goals is one of the most meaningful professional pursuits I can imagine. One person other than my spouse who inspires me: My father. He loved us enough to always tell us what we needed to hear, not what we wanted to hear. How do you relate your undergraduate degree to your practice of law? Accuracy, brevity and clarity were the hallmarks of my training in journalism school. The ability to communicate accurately, concisely and clearly, along with the ability to find and synthesize reams of information are important skills for any lawyer.
ERISA and products liability also derived from the same philosophy of service to the community and to the profession.
How did you decide your practice area? And why have you chosen that? The opportunity to represent WJXT TV-4 and other news organizations was presented to me 20 years ago as a result of the community involvement and networking of my partner Jerry Weedon. Many times young lawyers are assigned work in particular areas that they may or may not be interested in and they develop proficiencies in those areas. The chance to represent reporters and news organizations is a real gift. My other work in labor and employment, municipal liability,
What has been the biggest change in your practice area since you passed the Bar? In the past, knowing where to find information could be an advantage in litigation (and journalism). The internet has leveled that playing field by making broader sources of information more readily available than ever before. As we have also seen, the internet has amplified the ability to spread disinformation with greater speed than ever before. Nonetheless, the old rules still apply: Check your sources and think about what they are telling you.
Special to the Daily Record
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If I could change anything in the legal system, I would: Facilitate more jury trials. Mediation is wonderful, but one downside is the disappearing jury trial. Everything an attorney does in litigation is driven by what happens at trial. With the jury trial becoming less available to new lawyers, those skills are not being developed as they once were. As my evidence professor said, once a new attorney gets his teeth kicked in a few times in trial, he starts to know what he’s talking about. What community service have you pursued and why that? Dan Bean invited me to play Santa Claus 20 years ago for the Jacksonville Bar Association’s Christmas in January program. I made connections with other newbie lawyers during that experience who remain friends and acquaintances today. I am involved with my parish council and church school board, the Ronald McDonald House and Duval County Teen Court. I serve on the board of the Cultural Center at Ponte Vedra Beach and am chairing the JBA’s Health and Wellness Committee. What’s your advice for new lawyers? Never mistake courtesy for weakness.
Age: Late baby boomer Education: University of Massachusetts, B. A. in English/ journalism with minor in legal studies. Florida State University College of Law, J.D. Hometown: Ponte Vedra Beach Family: Wife Cecilia F. Birk, also an attorney, and a daughter Favorite book: “The Making of the Atomic Bomb” by Richard Rhodes Books I’m reading now: “Salt: A World History” by Mark Kurlansky, “The Power of Now” by Eckhart Tolle and “Homo Deus: A Brief History of Tomorrow” by Yuval Noah Harari Website I can’t live without: YouTube – you can learn to build or repair anything on YouTube Favorite nonwork activities: Being with my family, yoga and photography
American Board of Trial Advocates “Elevating the Standards of Integrity, Honor and Courtesy in the Legal Profession”
SPEAKERS: Curry Pajcic | Pajcic & Pajcic, PA Honorable Virginia B. Norton | 4th Judicial Circuit Judge/ Administrative Judge Civil Division “Professionalism - A View from the Bench” James D’Andrea | Milton, Leach, Whitman, D’Andrea & Eslinger, P.A. Scott Costantino | Costantino Law Firm, P.A. “Ethics for Civil Trial Lawyers - A View from Both Sides” Michael G. Tanner | Tanner Bishop Darryl Bloodworth | Dean, Mead, Egerton Bloodworth, Capouano & Bozarth, P.A. - Orlando “Professionalism and Civility”