2607 Briefs

A GROWING CIRCUIT

The Honorable Lisa Munyon introduces the ninth circuit’s newest judges.

CLARIFYING CONFUSION

Lawrence Kolin on understanding and making use of nonbinding arbitration.

A PUBLICATION OF

THE FIRST BIG MISTAKE XiXi Li on how mistakes happen and how to move forward.

JULY 2026 VOL. 94 NO. 6

NEW LEADERSHIP Your 2026-2027 Executive Council

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PRESIDENT’S MESSAGE Growth Happens Outside Our Comfort Zone

LETTERS FROM LEADERS

08 I CLERK’S CORNER

Serving Beyond the Courtroom The Honorable Tiffany Moore Russell, Esq.

10 I CHIEF’S COLUMN A Growing Circuit

The Honorable Lisa T. Munyon

FROM THE COMMITTEES

12 I ADR COMMITTEE

Nonbinding Arbitration Lawrence Kolin

18 I PARALEGAL COMMITTEE

SIDEBAR: NEWS / EVENTS / UPDATES

24 I YOUNG LAWYERS SECTION Judeen Molyneux, Esq.

26 I VOLUNTARY BAR Alena V. Baker, Esq.

Our Commitment to Service Leesa Badley

20 I PROFESSIONALISM COMMITTEE The First Big Mistake XiXi Li

LEGAL AID SOCIET Y

22 I WHAT WE DO

GAL’s Guide for Confidence Yadirah Rodriguez

ADVERTISING DEADLINES Magazine: 10th of month prior to publication eEdition: 20th of month prior to distribution Copy: Six weeks prior to publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained herein, are those of the authors and do not reflect official endorsement by the Orange County Bar Association or its officers and directors, unless specifically stated as such. ©2026 Orange County Bar Association. All rights reserved. ISSN 1947-3968

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The Briefs | JULY 2026

O CB A AUG UST LU N CHE ON 880 N. Orange Ave., Orlando, FL 32801 (407) 422-4551 Fax (321) 430-1558 orangecountybar.org Legal Aid Society (407) 841-8310 Citizen Dispute (407) 423-5732 Family Law Mediation (407) 423-5732 Lawyer Referral Service (407) 422-4537 Foreclosure Mediation (407) 515-4330 Young Lawyers Section (407) 422-4551

JULY 2026 VOL.94 NO.6

Editor Kate T. Hollis Associate Editors Christine Wasula Valencia N. Poitier Columnists Alena V. Baker Michael Stone Officers Lisa Gong Guerrero, President Michael Barber, President-Elect Brandon Sapp, Treasurer C. Andrew Roy, Secretary Sean Mendez Catlin, YLS President Executive Council Stephanie Alcalde Onchantho Am Joshua R. Brown Lisa Cunningham-Harvey Kate T. Hollis John M. Hunt Bruce Mount Conti Moore Alisia Profit Rafael O. Rodriguez Christina Russo Walters C. Todd Smith Jennifer Smith Thomas Executive Director Candice Disorbo Advertising & Sponsorship Manager Ursla Gallagher

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PRESIDENT’S MESSAGE

GROWTH HAPPENS OUTSIDE OUR COMFORT ZONE Lisa Gong Guerrero, Esq., , is a Board-Certified

Specialist in Criminal Trial Law with 20 years of experience in criminal law.

She is the founder of Gong Guerrero Law, PLLC, where she focuses her practice on criminal defense.

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One of the things I’ve learned throughout my career is that growth rarely happens when life feels comfortable.

Looking back, some of the biggest moments of growth in my life started with uncertainty. Coming to this country as a young child. Leaving a career in business and technology consulting to go to law school. Trying my first criminal jury trial. Accepting leadership roles that felt intimidating at the time. Leaving a career of nearly two decades as a prosecutor. Pursuing opportunities that challenged me in new ways. Starting my own law firm. And now, serving as President of the Orange County Bar Association.

None of those decisions felt easy in the moment. In fact, most of them were uncomfortable.

But each one challenged me to become a better lawyer, a better leader, and a better person.

I think that’s true for many of us.

As legal professionals, we spend much of our careers helping others navigate uncertainty while trying to project confidence ourselves. We become comfortable in our routines, our roles, and our day-to-day responsibilities. There is nothing wrong with that. But if we’re honest, real growth often begins when we’re willing to say “yes” to something that stretches us.

For some, that may mean trying their first jury trial. For others, it may mean taking the bench for the first time, arguing their first motion, starting a new job, launching a new practice, returning to school, or simply taking on a challenge they’ve been avoiding. It may mean mentoring a young lawyer, speaking at a CLE, chairing a committee, volunteering in the community, attending an event alone, or simply introducing yourself to someone new at an OCBA event.

Growth doesn’t always come from the big milestones. More often, it comes from consistently saying “yes” to opportunities that make us a little uncomfortable. Sometimes growth changes our careers. Sometimes it changes our perspective. And sometimes it simply reminds us that we’re capable of more than we thought.

That is one of the reasons I value the OCBA so much.

This organization has always been more than a place to earn CLE credits or expand your professional network. It is a place where careers grow, friendships grow, and leaders grow.

I’ve watched law students become young lawyers, young lawyers become leaders in their firms, courtrooms, and organizations, committee members become committee chairs, and committee chairs become leaders throughout our legal community. I’ve seen friendships develop into mentorships and mentorships become lifelong professional relationships.

The OCBA creates opportunities that help all of us become better legal professionals, better leaders, and better colleagues.

As President, one of my goals this year is to continue creating those opportunities. I want every member to feel encouraged to get involved, take on a leadership role, join a committee, attend a program, volunteer in the community, or simply meet someone new. You never know which conversation, committee meeting, or volunteer project might change the course of your career.

Growth also requires us to invest in one another.

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Every one of us can remember someone who gave us our first opportunity, answered a question without judgment, introduced us to another attorney, or simply encouraged us when we needed it most. We all have the opportunity to be that person for someone else.

As our profession continues to evolve, the OCBA will continue to grow as well. We will embrace new ideas, new technologies, and new ways to serve our members while remaining grounded in what has always made this organization special: our members.

I encourage each of you to challenge yourself this year. Step outside your comfort zone.

Raise your hand. Get involved. Mentor someone. Learn something new. Sit with someone new at a luncheon. Introduce yourself to someone you’ve never met.

You may discover, as I have throughout my career, that the greatest growth often begins with one simple step outside your comfort zone.

I encourage each of you to challenge yourself this year.

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CLERK’S CORNER

SERVING BEYOND THE COURTROOM Strengthening Community Through Service, Education, and Outreach.

Public service has always been at the heart of the work we do at the Orange County Clerk The Honorable Tiffany of Courts. While our office is widely recognized for the critical responsibilities we carry Moore Russell, Esq., out within the judicial system, our commitment to the community extends far beyond the Orange County Clerk courtroom and daily operations of the Clerk’s Office. This year our employees are again of Courts, has been a member of the demonstrating a strong dedication to serving the residents of Orange County through OCBA since 2004. volunteerism, education, outreach initiatives, and charitable giving efforts that positively impacted countless lives across our community.

One of the most meaningful service initiatives completed recently was our partnership with The Mustard Seed of Central Florida, a nonprofit organization dedicated to restoring dignity and hope to families and individuals who have experienced hardship, disaster, homelessness, or personal tragedy. The organization serves the community through its clothing and furniture bank, helping individuals rebuild their lives during some of their most difficult moments.

More than 35 volunteers from the Clerk’s Office participated in the service project, assisting at the organization’s Seed Boutique, Community Shop, and Furniture Bank. Volunteers helped organize donated items, sort clothing, prepare household furnishings for distribution, and support daily operational needs.

The event represented more than simply completing a volunteer project. It reflected our office’s continued commitment to compassion, community engagement, and service to others. Our employees consistently step forward to support causes that strengthen Central Florida, and this partnership with The Mustard Seed provided another opportunity for our team to directly assist families working to recover and rebuild their lives.

In addition to volunteer service efforts, the Clerk’s Office continued its commitment to public education through its free “Legal Matters” community forums. Recently, we shifted from virtual to in-person events designed to connect residents with legal information, community resources, and access to professionals within the legal community. The forums also highlighted the importance of collaboration between the Clerk’s Office, members of the judiciary, attorneys, and community partners in helping residents better understand the legal system.

One of the most impactful forums held this year focused on “Leaving a Legacy – Probate: Wills, Trusts, & Estate Planning.” Probate and estate planning matters can often be overwhelming for families, particularly during periods of grief following the loss of a loved one. Many individuals are unfamiliar with the probate process or unaware of the importance of advance directives, wills, trusts, and estate planning documents until faced with a personal crisis.

Through these forums, attendees received valuable educational information regarding probate proceedings, estate planning tools, and resources available within our community.

The forums helped answer questions and provided guidance intended to help residents make informed decisions about protecting their families and planning for the future.

These forums continued to demonstrate the important role the legal community plays in public outreach and civic education.

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The Clerk’s Office also launched its 2026 Heart of Florida United Way fundraising campaign, continuing a longstanding tradition of charitable giving and employee engagement.

Our office has proudly supported United Way initiatives for many years, recognizing the significant impact these programs have on individuals and families throughout Central Florida.

Last year, through the generosity of our employees and the success of numerous fundraising events and campaigns, the Clerk’s Office raised more than $41�000 for the Heart of Florida United Way — the highest fundraising total in our office’s history.

While United Way supports a wide range of programs and organizations, the Clerk’s Office has remained especially focused on initiatives connected to mental health services, domestic violence prevention and recovery, and access to justice programs. These priorities closely align with the work we perform every day and reflect many of the challenges faced by individuals who interact with the court system and our office.

None of these accomplishments would have been possible without the dedication and generosity of our employees, volunteers, community partners, members of the legal community, and their families. Whether through volunteer service projects, educational outreach efforts, fundraising campaigns, or community partnerships, their commitment to public service continues to make a meaningful difference throughout Orange County.

As public servants, we have a responsibility not only to serve the community through our professional roles, but also to invest in the well-being and future of the people we represent. I remain incredibly proud of the work accomplished by our team and grateful for the continued partnership and support of our legal community.

Until next time,

Tiffany Moore Russell Orange County Clerk of Courts

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The businesses listed herein (the“Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

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CHIEF’S COLUMN

A GROWING CIRCUIT The Honorable Lisa T. Munyon

Chief Judge Ninth Judicial Circuit Court

When one thinks of the judicial branch, growth as a descriptor doesn’t typically come to mind. Permanence does. So does precedence, dependability, and formality. Yet, despite the fact that none of these are its antithesis, growth somehow doesn’t seem apt despite the fact that it does indeed apply.

There’s been a lot of growth at the Ninth over the first half of this year, most notably in the number of judgeships. The number of judicial seats is finally starting to catch up with the increasing caseload that accompanies a perpetually growing population. Three new judgeships were certified by the Supreme Court, enacted into State Bill 2508, and funded effective July 1, 2025: Two circuit seats and one Osceola County seat. All three were appointed by Governor DeSantis in April, 2026.

Looking beyond numbers, there has been growth on the bench this year that signifies something far less tangible but equally as important when it comes to the administration of justice. What I am referring to is personal growth; the opportunity for seated judges to grow in their judicial careers and for lawyers to begin a journey of growth on the bench. Two of our Orange County judges – Judge Andrew Bain and Judge Mark Skipper – were elevated to the new circuit seats. And two lawyers were newly appointed to the bench, filling the vacancies left by the retirement of Bob Egan and the resignation of Elizabeth Gibson.

For those of you who aren’t trial lawyers, and for those of you who are trials lawyers but haven’t had a case in front of our newest judges, I’d like to take a moment to briefly introduce them.

HONORABLE SONIA MCDOWELL – CIRCUIT JUDGE

Judge McDowell served as an assistant state attorney before spending over a decade in civil litigation, most recently working at The Grosshans Group. She earned her bachelor’s degree from Rutgers University and her juris doctor from Barry University. She fills the judicial vacancy created by the resignation of Judge Gibson and is currently assigned to circuit criminal.

HONORABLE THERESE SAVONA– CIRCUIT JUDGE

Judge Savona was a partner at Cole, Scott, & Kissane P.A. practicing civil litigation and appellate law before her appointment. Prior, she worked as chief appellate counsel for the Florida Department of Health. She earned her bachelor’s degree from the University of Miami and her juris doctor from St. Thomas University. Savona fills the judicial vacancy created by the retirement of Judge Egan and is currently assigned to domestic relations.

HONORABLE DAVID PETERS – OSCEOLA COUNTY JUDGE

Judge Peters joins us from The Grosshans Group. Prior, he served as the general counsel for Rapha House International, a nonprofit dedicated to ending human trafficking. He earned his bachelor’s degree from Florida Christian College and his juris doctor from the University of Florida. He fills the vacancy created by Senate Bill 2508 and is currently assigned to Osceola County civil.

Growth at the Ninth, both in numbers and opportunities, doesn’t stop here. The Ninth has again been certified for additional seats on the bench, and as I write this in May, we are

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hopeful for the enactment and funding of a Senate Bill establishing those judgeships.

There are also a number of you who are candidates in the upcoming elections, hoping to start a journey of growth as a judge.

Regardless of how one gets to the bench, each new judge brings a depth of talent and an understanding of the law that gives the circuit as a whole a chance to grow and enhance the administration of justice.

Whether it’s a newly created judgeship, a vacancy, or an election, there are always opportunities. If you’ve considered the bench, make a commitment to your own growth. Maybe you’ll be the next judge to enhance the Ninth’s commitment to justice.

New Members ATTORNEY Brian Boelens Jennifer M. Busby Patricia Dullaghan James Kelly Timothy Alan Magill Tucker Pryor Benjamin Sigman Joseph Sutter Maria Fernanda Valladares David Zissman

PARALEGAL STUDENT

Victoria Michelle Grajeda

AFFILIATE

Anna Arceneaux Kwin Chavis Suzzette De Jesus Liana Marrero Nallita Sepulveda Carole Steele

LAW STUDENT

Steven Abreu Halee Bishop Medaline Pascal Jessica Perea Simon Andrew Pfeifer Lindsey Hunter Taylor

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ADR

NONBINDING ARBITRATION Lawrence Kolin, Esq. is a panel neutral of Upchurch Watson White & Max Mediation Group for the past dozen years.

Lawrence founded the Orange County Bar ADR Committee and is an Emeritus Member of the Florida Bar ADR Section Executive Council.

1. See https://ninthcircuit.org/ sites/default/files/AO202026-02.pdf

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information, enhancing direct communication between the parties about their claims and supporting evidence. The appointed arbitrator provides a nonbinding decision on the Clarifying Confusion in a merits of the case that can Useful Form of ADR. serve as an early reality check for clients and onbinding arbitration can help parties with a qualified neutral’s impression of the dispute at lawyers alike. The process helps to identify and hand. In Orange County, the process is available to litigants under administrative order no. 2020-26- clarify the central issues 02 pursuant to § 44�103, Fla. Stat. (2025), which provides in dispute, while the right to trial is fully preserved. statutory authority for courts to refer civil actions to The nonbinding arbitration nonbinding arbitration, and for the promulgation of decision is not shared with ever-changing rules of civil procedure. Currently, Fla. the trial court unless no R. Civ. P. 1�820 provides that once an action has been one requests a trial de novo. referred to nonbinding arbitration and the arbitration hearing is concluded, the parties are notified in writing Otherwise, with a notice of of the arbitrator’s nonbinding decision, which is sealed rejection the case remains in litigation, but likely with and filed with the clerk along with the original tranthe litigants better informed scripts of the proceeding, if any. The parties may still decide to proceed to trial, as they have a statutory right as to the risks, amount of work still necessary and to request a “trial de novo,” but at present, must give what remains while connotice they reject the arbitration decision. A nonbindtinuing toward trial. ing arbitration decision is sealed because, if a timely Changes to the statute request for such trial de novo is made, the arbitration passed last year in the legdecision is not to be considered or used as evidence islative session and signed at the subsequent trial. Alternatively, the parties can into law eliminated antiaccept the arbitrator’s decision and ask the referring quated caps on compencourt to enter a judgment. sation of arbitrators. Still, there is no reason to treat this as a full-blown arbitration, nor should it be nearly FLOURISHING METHOD OF litigation. As mentioned, as expensive as one conthe Ninth Judicial Circuit DISPOSING CASES Utilized consistently by is receptive and has already ducted through a national provider like AAA or JAMS. judges of the 20th judicial implemented an amended 1 Though some hearings may circuit for many years administrative order. This go longer, most last under in southwest Florida, process puts the neutral a half-day and may involve nonbinding arbitration is in the role of decider, subsequent submissions evolving elsewhere around conducting an informal before a decision is timely the state as an effective process mainly consisting issued 10 days after final form of ADR, given the of presentations similar to adjournment. A decision opening statements and continued backlog of is then served which can an exchange of factual cases and high cost of

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ADR a combination of in-person and communication technology which seems to be unduly inflexible.2 More proposed revisions by the standing Civil Rules RULES CHANGES CONTINUE Committee of The Florida The ADR Section of The Bar to Rule 1�820 regarding Florida Bar is opposing nonbinding arbitration proposed Civil Rules Comdelete the requirement mittee amendments to Rule that the arbitrator file 1�700 regarding arbitration under seal with the clerk generally that default to of the court the original in-person participation and decision (and any original appear to narrow the use of transcripts) at the time electronic communication the arbitrator notifies the technology to audio-video parties of the decision, participation in arbitrations but remain silent on how when the parties or the such transcripts are to be filed. The reasoning behind court have approved the sealing the written decision use of electronic commuand transcripts of the nication technology. To be clear, under the amendment, proceeding is that a trial de communication technology novo entitles the parties to a trial outside the scope of must include both audio and video unless all parties what transpired during the stipulate or the judge finds arbitration proceeding.3 cause. This could be due to This approach makes the fact that many parties sense because nonbinding of late claim they don’t have arbitration proceedings functioning cameras, and differ from trial proceedings some representatives appear in the following respects: with black screens on Zoom. (1) the decisions are adviThe proposed amendments sory only; and (2) strict would essentially require conformity with formal parties at a mediation or trial procedures and the arbitration via remote Florida Rules of Evidence technology must fully is absent. See § 44�103 appear online at the pro(5), Fla. Stat. (2025). The ceeding, perhaps affecting arbitration decision “shall operate in the manner of a proposal for settlement if not accepted based upon the § 44�103 (6), fee shifting provisions.

not be made known to the judge who may preside over the case unless no request for trial de novo is made as herein provided or unless otherwise provided by law.” Id. However, it would leave a potential procedural gap with no mechanism in place to notify the court when to begin counting the time period for a party to request a trial de novo. The ADR Section would rather arbitrators be required to file with the clerk of court a new, dedicated form entitled, “Notice of Service of the Arbitration Award/ Decision,” so there is no dispute when the arbitration decision was served, the manner it was served, and on whom it was served.

More about this in the final section below. Even without an official form, arbitrators may still wish to file such notice to make everyone involved aware.

WHAT ABOUT A RECORD?

Though it is rare that a court reporter is engaged or a Zoom hearing is recorded, the ADR Section prefers in the event a record is created of the nonbinding arbitration proceeding, and there is a

transcript or other agreedupon transcription, the parties in possession of the original transcription and exhibits used or copies thereof, should retain them in a confidential manner, and they may not be filed with the clerk of the court, until such time as the arbitration decision is filed with the clerk of the court as set forth in Rule 1�820(h) or Rule 1�820(i). This would ensure privacy of the proceeding is preserved and provide a directive as to how to handle any transcripts. The ADR Section believes that solution would serve best in lieu of filing under seal. It remains for the Civil Procedure Rules and Florida Supreme Court to accept these recommendations or adopt other methods.

In any event, if no requests for trial de novo are timely filed, then a party seeking judgment to be rendered in connection with the arbitration decision must file with the clerk of the court, the arbitration decision. Therefore, the written arbitration decision only needs to be filed by the parties after expiration of the time period to seek

2. In Re: Amendments to Florida Rule of Civil Procedure 1.700, Case No. SC2025-2041 (Any comments to be filed with the Florida Supreme Court on or before May 1, 2026). https://acis.flcourts.gov/portal/court/68f021c4-6a44-4735-9a76-5360b2e8af13/case/2E0F1CC0-DB67-4591-92E4- 4B2DF7C5AC55. See also, Florida Rules of General Practice and General Administration 2.530 defines “communication technology” as audio communication technology or audio-video communication technology.

3. Florida Bar News Notices July 18, 2025 https://www.floridabar.org/the-florida-bar-news/amendments-to-florida-rules-of-civil-procedure1-080-1-090-1-200-1-202-1-280-1-490-1-630-1-700-1-820/ and March 11, 2026 https://www.floridabar.org/the-florida-bar-news/proposed-amendments-to-rule-of-civil-procedure1-820-hearing- procedures-for-non-binding-arbitration-2/

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ADR a trial de novo in order for the presiding judge to “enter such orders and judgments as may be required to carry out the terms of the decision as provided by § 44�103(5), Fla. Stat. (2025).”

See Rule 1�820(h)(4). In the latest proposal, the ADR Section agrees with alleviating the arbitrator from the responsibility of filing the arbitration decision directly with the Court and that such responsibility should vest with the parties.

TIMING AND TECHNICALITIES

4. People’s Trust Ins. Co. v Hernandez, 412 So. 3d 127 (Fla. 4th DCA 2025) 5. In Re: Amendments to Florida Rule of Civil Procedure 1.820, Case No. SC2026-0040 (Any comments to be filed with the Florida Supreme Court on or before May 1, 2026). https://acis.flcourts.gov/portal/ court/68f021c4-6a44-4735-9a765360b2e8af13/case/14463DCF4E3D-428D-B801- B5BC1DC7570A

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Rule 1�820 subsections (h) (1) and (h)(2), concern the 20-day time period to file a request for trial de novo by a party subjected to the arbitration decision and the provisions on the time period for any party having a third-party claim.

Presently, Rule 1�820(h) addresses the issue of a third-party claimant filing a request for trial de novo and provides a third party with a claim at issue 10 days from service of the first notice of rejection of the arbitration decision and request for trial to file their own notice of rejection of the arbitration decision and request for trial. However, if the first notice is filed on the 20th day of service, this 10-day period should extend the time for third party claimants to file until 30 days after service of the decision. Elsewhere, the

The Briefs | JULY 2026

rules state there is only a 20-day period to file a written request for trial de novo.

As such, it is suggested that the 20-days language in Rule 1�820(h) and (i) be clarified as well, if amendments are adopted.

TRAPS FOR THE UNWARY

Last year, case law surrounding attempted rejection of a decision resulted in a strict interpretation despite the intent of the party.4 While the prior Rule 1�820(h) was still in effect, the parties completed the nonbinding arbitration, but the arbitrator issued the nonbinding arbitration decision one week after amended Rule 1�820(h) became effective. That same day, the plaintiff homeowners filed a “Motion for Trial De Novo” pursuant to Florida Rule of Civil Procedure 1�820(h).

Nowhere in the motion did they include a “notice of rejection of the arbitration decision” as amended rule 1�820(h) now requires since July 1, 2024. After 20 days had passed since the arbitrator had served the arbitration decision on the parties, the insurer filed a motion to enforce the nonbinding arbitration decision. The defendant insurer argued the “Motion for Trial De Novo” was deficient under amended rule 1�820(h), because the homeowners’ motion did

not also include a “notice of rejection of the arbitration decision.” The circuit court denied the insurer’s motion, but the appeals court granted the insurer’s petition for writ of mandamus, quashing the circuit court’s order denying enforcement of the nonbinding arbitration and applied a supremacy-of-text principle under an obligation to enforce statutes and rules as written and for predictability or consistency. Perhaps in light of this decision, the proposed revised rules do away with the notice altogether in favor of a just a request for trial. Suffice it to say, there are many technical aspects to this process, so be sure to stay aware of the nonbinding arbitration rule changes.

As of spring 2026, the standing Civil Rules Committee of The Florida Bar now formally seeks to amend Florida Rule of Civil Procedure 1�820 (Hearing Procedures for Non-Binding Arbitration) after confusion arising from the recent case law interpreting nonbinding arbitration notice language as requiring a party to state both that it was “rejecting” the arbitration decision and that it was “requesting a trial” in the written filing. Because the party filed a request for trial de novo, the request did not include language

that the party was “rejecting” the arbitration award.

As mentioned, a court found the request for trial de novo did not strictly comply with Rule 1�820 (h) and was therefore ineffective. When the Civil Rules Committee last proposed amending Rule 1�820, it was not their intention to create a requirement to use “magic words” to reject an arbitration award-- it was to create a requirement that a request for trial de novo be accomplished by a written filing.

Members of the committee now agree that it is duplicative and

unnecessary for a party to say both that the arbitration award is being rejected and that a trial de novo is being requested. Rather, it is implicit that a request for a trial de novo is a rejection of the arbitration award.

There was also a concern that Article I, Section 22, Florida Constitution states, “[t]he right of trial by jury shall be secure to all and remain inviolate” and a procedural rule should not invade that right by creating a trap for the unwary. To address this decision’s interpretation, the Civil Rules Committee proposes amending

subdivision (h) to clarify that only a written request for trial need be filed; the filing does not have to be a “notice of rejection of the arbitration decision and request for trial.” The new language would, among other things, require an arbitrator to file with a court a notice of service of the arbitration decision, but not the actual arbitration decision itself. This might eliminate filing under seal which can be difficult for neutrals, depending on the clerk procedures in each county. The party entitled to a judgment if no request for trial de novo is made, or

after a trial de novo is conducted, would be required to file the arbitration decision with the court.

The proposed amendments would also require that a party file only a written request for trial to reject an arbitrator’s decision, and that a timely request for trial “be construed so as to do substantial justice.” As of the time of submission of this article, any nonbinding arbitration rule amendments are still under consideration by The Supreme Court of Florida in petitions brought by the standing Civil Rules Committee.5

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PARALEGAL

OUR COMMITMENT TO SERVICE Leadership, Service, and the Ongoing Impact of the Paralegal Profession.

Leesa Badley is

a Florida Registered Paralegal with Milne Law Group, P.A.

T

he Paralegal Section of the Orange County Bar Association plays an important role in strengthening, supporting, and advancing the paralegal profession throughout our legal community. Through education, mentorship, service, leadership, and professional connection, the Section provides a meaningful home for paralegals who want to grow in their careers, serve others, and help shape the future of the profession.

Our mission is clear: The mission of the Paralegal Section of the Orange County Bar Association is to provide leadership, promote the professionalism and certification of paralegals, encourage and acknowledge professional development, promote global affiliations with other professional associations, and provide enriching networking opportunities.

That mission is more than a statement. It is reflected in the work carried out year after year by the OCBA Paralegal Section Board, its Executive Council, committee members, volunteers, and Section participants who give their time, talent, and experience to benefit others. Their collective efforts

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The Briefs | JULY 2026

make possible a wide range of educational programs, continuing legal education opportunities, networking events, community service projects, and professional development initiatives designed to support paralegals at every stage of their careers.

The Section’s strength comes from the people who choose to get involved. The OCBA Paralegal Section Board helps guide the Section’s programming, outreach, and service initiatives, ensuring that members have opportunities to learn, lead, connect, and contribute. Whether planning events, supporting CLE programming, welcoming new members, encouraging certification, or creating spaces for professional

networking, the Board’s work helps build a stronger and more connected paralegal community.

At the heart of this work is a commitment to service.

The Paralegal Section recognizes that paralegals are essential members of the legal team whose skill, judgment, and professionalism have a direct impact on the administration of justice. Today’s paralegals work across many practice areas and in many settings, including litigation, transactional law, government, corporate legal departments, nonprofit organizations, and public service.

Their contributions require adaptability, diligence, legal knowledge, and a continued commitment to professional growth.

Within our own Section, that spirit of leadership and service is reflected in the work of Paul Pelton, FRP, a dedicated board member and respected member of the paralegal community.

Paul is a Senior Litigation Paralegal with more than 30 years of experience in complex civil litigation, including medical malpractice, product liability, nursing home claims, and high-exposure personal injury matters. His career has included work in both plaintiff and defense representation, in state and federal courts, and in arbitration and mediation.

Paul’s professional background reflects the depth and versatility of the modern paralegal profession. With education and experience in medical science and paralegal studies, he has worked across all phases of civil trial practice. He has also contributed to the profession as a published author and national CLE presenter, sharing his knowledge with legal professionals beyond our local community.

Just as important as his professional accomplishments is Paul’s dedication to service. For the past 10 years, Paul has served the OCBA Paralegal Section with commitment, professionalism, and heart.

Through his leadership within the Section, including his service as President and his continued work on the Board of Directors, Paul has helped mentor newer paralegals, support meaningful programming, and promote opportunities for professional development.

As Paul has decided to move on from his service with the OCBA Paralegal Section, he does so leaving behind a meaningful legacy and opening the opportunity for another dedicated professional to serve, lead, and contribute to the continued growth of the Section. We would like to take a moment to sincerely thank Paul for all

he has done for the Paralegal Section, the OCBA, and the paralegal profession as a whole.

Paul’s service has also extended statewide through his appointment by the Supreme Court of Florida to The Florida Bar’s Standing Committee on the Unlicensed Practice of Law, where he also served as Vice Chair. In addition, his involvement in supporting paralegal education at Valencia College reflects his commitment to helping future paralegals enter the profession prepared, informed, and inspired.

Paul’s work is one example of the broader impact made by those who serve the OCBA Paralegal Section. His dedication, mentorship, and passion for professional growth have helped strengthen the Section and inspire those around him. As the Section moves forward, we will continue to honor his commitment by carrying on his will to grow the profession, encourage leadership, and create opportunities for paralegals to thrive.

The Section is built on the efforts of individuals who understand that leadership is not limited to a title. It is found in mentorship, volunteerism, professional excellence, and the willingness to help others succeed. The members of

the OCBA Paralegal Section Board and the many volunteers who support the Section continue to carry that legacy forward through their dedication to education, service, and community.

For new members and paralegals considering whether to become involved, the Paralegal Section offers more than meetings and events. It offers a place to build relationships, strengthen skills, gain leadership experience, learn from seasoned professionals, and contribute to something larger than one’s own career. Participation in the Section can open doors to mentorship, certification support, professional recognition, public service opportunities, and lasting connections within the Orange County legal community.

The future of the paralegal profession depends on engaged professionals who are willing to lead, learn, and serve. Whether you are an experienced paralegal, newly entering the field, a student preparing for your career, or a legal professional looking for ways to connect with the paralegal community, the OCBA Paralegal Section welcomes your involvement.

By continuing to promote leadership, professionalism, certification, development, affiliation,

and networking, the Paralegal Section remains committed to advancing the paralegal profession and supporting the people who make it strong. The work of the Section is ongoing, and its impact grows with every member who chooses to participate, volunteer, mentor, and lead.

Paul, thank you for your many years of service to the OCBA Paralegal Section, the OCBA, and the paralegal profession. Your leadership, mentorship, and dedication have left a lasting impact, and we are grateful for all you have done. As we continue the work you helped strengthen, we will carry your example forward and make you proud.

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PROFESSIONALISM

THE FIRST BIG MISTAKE

XiXi Li, Esq. is an

attorney at Sasso and Sasso, P.A., where she practices complex commercial litigation, construction litigation, and election law. Ms. Li currently serves as the Chair of the Professionalism Committee, Governor for the Ninth Judicial Circuit of the Florida Bar Young Lawyers Division, and Programs Director of CFAWL.

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catastrophically urgent, which is exactly the state in which you make bad triage decisions. Before reacting, get clear on what is actually due, what is genuinely at stake, and How to Survive It. what merely feels loud.

More often than not, the here is a particular feeling every new lawyer real list is shorter than the eventually learns. It usually arrives late in the anxious one. Occasionally day. You look at your task list, or your calendar, it is longer, but at least then or the three emails you have been avoiding, and your you are working from facts stomach drops. You have promised more than you can instead of dread. deliver, and the bill is coming due.

Disclose up the chain, with a plan in hand. Tell your supervising attorney The mistake is rarely dra- and is now scrambling, the early, and do not just deliver the problem. Bring work suffering for it. matic. There is no missed a proposed solution: here If that scene feels familstatute of limitations, no is what slipped, here is sanctions hearing. It is qui- iar, here is what is worth what can realistically be eter and, for that reason, far understanding early. The mistake itself rarely defines delivered and when, here is more common: the young what needs to be repriora young lawyer’s career. attorney who says yes too itized. Supervisors forgive often. A partner asks if you The response to it does.

Face it fast. The instinct, the honest recalibration can turn something around far more readily than the when you are behind, is to

by Friday, and you say yes silent disappearance. Most go quiet and hope to catch before honestly looking of them, you will discover, up before anyone notices. at what is already on your have been exactly where Resist it. A delayed project plate. A colleague needs you are. is a problem you can manhelp, and you want to be This is also where profesthe person who helps. Each age; a delayed project that sional obligations can come you conceal until the elevindividual “yes” feels like diligence. Stacked together, enth hour is a problem that into play. Depending on the costs you trust. The damage matter, a missed internal they become a backlog of deadline can shade into internal deadlines that can- from the error is almost something with real consealways smaller than the not be met, and a steadily damage from the cover-up. quences for the client, and rising sense of being our duties of competence Admitting that you are underwater. and communication are not overcommitted is far less The danger of this kind painful than the days spent suggestions. If a slip ever of mistake is that it does touches a client deadline dreading the admission. not look like a mistake. It or a matter’s outcome, treat Assess before you looks like ambition. It looks the relevant Rules of Prospiral. Panic distorts like a young lawyer who fessional Conduct as part of scale. When you are is eager and reliable, right the recovery checklist, not overwhelmed, everyup until the moment she an afterthought. misses three soft deadlines thing feels equally and

T

The Briefs | JULY 2026

Fix what is fixable, then fix the system. Putting out the immediate fire is only half the job. The recovery is not complete until something has changed so that the same fire cannot start again. Often that means a humbling but liberating habit: not answering “Can you get to this by Friday?” in the moment. Look at your actual commitments first, and give an honest answer, even when the honest answer is “I can start it Friday, but you will have it Tuesday.”

Underpromising and overdelivering is not a lack of ambition. It is how you

build a reputation people can rely on.

Separate the mistake from your identity. The most corrosive habit is turning a logistical failure into a verdict on your worth. “I fell behind on this project” quietly becomes “I am not cut out for this.” Those are not the same statement, and conflating them helps no one, least of all the client.

You are allowed to make a mistake without it meaning something permanent about you.

The inadvertent disclosure of privileged information to the other side can be fixed, as long as you tell

someone about it! Hiding it only makes it worse and prevents your partners and more experienced attorneys from helping to solve the problem.

The lawyers we most admire are not the ones who never erred. They are the ones with a quiet graveyard of early missteps behind them, the difference being that they metabolized each one into a better habit, a sturdier system, and a more honest way of working.

So, when your stomach drops, and it will, remember that this is not the end of your reputation. It is

the beginning of the part where you build it. The “yes” you should have said no to is not a referendum on your future. It is simply the first thing you learn to say no to next time.

BUSINESS & CONSTRUCTION MEDIATION

Thomas P. Wert Downtown Orlando Office 407-428-5197 twert@deanmead.com

Certified Florida Supreme Court Mediator Certified Federal Court Mediator Board Certified in Construction Law, The Florida Bar 33 Years’ Experience in Business and Construction Law

www.deanmead.com

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LEGAL AID SOCIETY

GAL’S GUIDE FOR CONFIDENCE Essential Tips for Every GAL. Yadirah Rodriguez, Esq.

Serves as Guardian ad Litem attorney for the Legal Aid Society of the OCBA, handling cases related to dependency and advocating for the child’s best interest.

For more information or to take a GAL case, please contact Yadirah Rodriguez, Esq., at yrodriguez@ legalaidocba.org. For more information on how to become a financial donor or to help with our fundraising efforts, please contact Donna Haynes, Manager of Development, at dhaynes@ legalaidocba.org or by calling (407) 515-1850.

1. § 39.01(32) Fla. Stat. (2025).

2. Id. 3. § 39.810 Fla. Stat. (2025) 4. § 39.01(32) Fla. Stat. (2025)

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H

ave you ever considered volunteering as a guardian ad litem (GAL)? The path to becoming a GAL often begins with a simple introductionperhaps a colleague’s story or a mention at a bar event.

Whether in the process of contemplating this decision or having already committed to it, it is natural to feel apprehensive about navigating an entirely new area of the law that differs significantly from one’s practice. This article aims to elucidate the general expectations associated with undertaking a GAL case on a pro bono basis.

A guardian ad Litem (GAL) is defined as a person or an entity that is a fiduciary appointed by the court to represent a child in any civil, criminal, or administrative proceeding to which the child is party.1 In the realm of dependency law, the GAL fulfills a distinctive role, acting as the eyes and ears of the court to ensure that abused, abandoned or neglected children receive appropriate care and protection while under the court’s jurisdiction.

It is essential for a GAL to become well-versed in Chapter 39 of the Florida Statutes and the Rules of Juvenile Procedure, as these cover all relevant guidelines related to dependency law. The GAL

The Briefs | JULY 2026

uses the best interest standard for decision making and advocacy.2 Hence, the best interests of the child must remain paramount through all dependency proceedings. In instances where a Petition for Termination of Parental Rights is filed, the court is required to consider the manifest best interests of the child, which are listed in Fla Stat.

39�810.3 During a termination of parental rights trial and/or manifest best interest hearing, the GAL must evaluate all relevant factors and provide a recommendation to the court through sworn testimony and/or a report.

The GAL participates in Judicial Review hearings which are scheduled at least every 6 months while

the court has jurisdiction.

The purpose of these hearings is for the court to review the child’s status, the parents’ compliance with their case plans, and to determine if the court approved permanency goal is on track to being met. Typically, a General Magistrate presides over these hearings and subsequently submits a report and recommendation to the presiding Judge for approval, which is then formalized as an order.

During a Judicial Review, the GAL’s role is to inform the court of any pertinent updates or concerns regarding the child(ren).

In instances where a party to the case requests a change of goal, placement or visitation, either orally or through written motion, the GAL may articulate their position to the court since the guardian ad litem is a party to the judicial proceeding as a representative of the child.4 To adequately prepare for the Judicial Review hearing, the GAL should thoroughly review the Judicial Review Report, which is prepared by case management and filed by the attorney for the Department of Children and Families (Department), as this document contains critical information regarding the status of the case. It includes

recommendations from the Department, serving as a preview of the issues that will be discussed during the hearing. Further, the Judicial Review Report is a valuable resource, providing the names and contact information of all key participants involved in the case, such as the DCF attorney currently assigned to it, the DCF case manager and their supervisor, the attorneys representing the parents, and, in specific instances, the Attorney ad Litem.

The Judicial Review also presents a significant opportunity for the GAL to request specific services for the child(ren).

Another valuable resource that the GAL should review is the Comprehensive Behavioral Health Assessment (CBHA), which is a Medicaid-funded evaluation of the child(ren), designed to act as a roadmap that provides recommended services for the children.

Some of the recommended services we see include therapy, further medical or mental health evaluations, educational interventions and services, and participation in extra-curricular activities. A CBHA is ordered to be completed during a shelter hearing and once the final report is obtained by the Department, the child’s case

manager is responsible for making the necessary referrals to ensure the recommended services are implemented.

To ensure that the court receives the requisite information, the GAL must conduct visits with the children, interview caregivers, and engage with the children’s service providers. Additionally, the GAL should maintain communication with the DCF attorney, the attorney for the parents and case management. Case management conducts regular staffing meetings, which the GAL should attend, as these meetings present an excellent opportunity to acquire up-to-date information regarding the child(ren) and the progress of the case.

The role of a GAL is centered on the gathering and analysis of information that ultimately informs crucial decisions with lasting implications for families. Thus, it is vital for the GAL to take an active part in gathering this information. Lastly, akin to other areas of law, it is advisable for the GAL to participate in seminars to remain informed about recent developments in Dependency law. Here at the Legal Aid Society of the Orange County Bar Association, Inc., we offer monthly lunch and learn

is proud to announce

Meredith Stephens will be joining our panel of neutrals on August 1st

Meredith has spent 19 years as a civil trial lawyer handling a broad range of complex matters and will focus exclusively on mediation. She is rated AV Preeminent by Martindale-Hubbell, has been regularly recognized as a Best Lawyer in America and a Florida Super Lawyer, and is known for her calm presence and practical style. Meredith’s experience includes premises liability, personal injury, medical malpractice, legal malpractice, insurance coverage disputes, products liability, and motor vehicle accidents. As a mediator she will listen to all sides, and understand not only the legal and factual issues at play, but also the pressures, risks, and human dynamics that drive decision-making.

Meredith’s calendar is available now to schedule matters starting August 1st

adrsource.com 888.741.2224 Solving the world’s problems…one case at a time

trainings designed to educate participants involved in dependency cases. The GAL’s role and participation in these proceedings is pivotal in ensuring the best interests of the children are met.

The role of a GAL is centered on the gathering and analysis of information that ultimately informs crucial decisions with lasting implications for families.

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SIDEBAR

SIDEBAR N E W S / E VE N T S / U PDAT E S

YLS on the Move

YLS kicked off the new bar year in style, gathering on June 26 for its first luncheon of the 2026–2027 season. The room was full of familiar faces and new ones, and the energy made one thing clear: this section is ready for a great year. Members reconnected over lunch, welcomed those joining YLS for the first time, and got a preview of the service projects, socials, and professional development opportunities on the horizon. Coming off an outstanding 2025–2026 year, the June Luncheon set the tone for everything ahead — connection, momentum, and a shared commitment to showing up for one another and for Central Florida.

June Luncheon

If the June Luncheon was any indication, this year is going to be one to remember. YLS has a full calendar lined up, and there is something for everyone — whether you are looking to give back, grow professionally, or simply spend time with fellow young lawyers.

WHO’S WHO 1 YLS Board Installation.

Judeen Molyneux, Esq., State Attorney’s

Office in and for the Ninth Judicial Circuit of Florida.

FOLLOW US!

@OCBAYLS #TogetherWeGoFar

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The Briefs | JULY 2026

2 Set up from the YLS Board Retreat.

3 YLS Board Photo from pass the Gavel Ceremony.

4 Book Fair at Mollie Ray Elementary.

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100 Club Firms with two or more attorneys who are all members can belong! If your firm is eligible, call the Membership Department (407-422-4551 x225)

20+ MEMBERS GoodBlatt – Leo

3 Law Clerks Reception

The summer alone offers plenty of ways to get involved. YLS will return to the Citrus Club for its July Luncheon on July 10, celebrate the next generation of legal talent at the Law Clerks Reception at Eola View on July 15, and head downtown for a Morning at the State Courthouse in late July. The section is also planning a return to Washington Shores Elementary for another Book Fair — a longtime favorite that brings new books and big smiles to local students.

Annual Golf Tournament

Looking further out, two of the section's signature events anchor the back half of the year. The YLS Annual Golf Tournament tees off at Eagle Creek on October 23, and the year wraps up in celebration at the YLS Holiday Party at the Alfond Inn on December 3. Mark your calendars now — these events fill up fast and are always among the most popular of the year.

UPCOMING YLS EVENTS TBD / Book Fair at Washington Shores Elementary 07/10/2026 / YLS Luncheon

at the Citrus Club

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07/15/2026 / Law Clerks

10/23/2026 / YLS Annual Golf

LATE JULY / Morning at the State Courthouse

– Alfond Inn

Reception – Eola View

Tournament – Eagle Creek

12/3/2026 / YLS Holiday Party

Rumberger, Kirk & Caldwell Shutts & Bowen Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

10-19 MEMBERS Colling Gilbert Wright Fisher Rushmer McDonald Toole Richman & Correnti, P.A Stovash, Case, Shay & Pearce

2-9 MEMBERS The Aikin Family Law Group Anderson & Ferrin The Arnold Law Group Artemis Family Law Barrister Law Firm Carr Law Firm Compass Law Davey Law Group DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos Divine & Estes The Draves Law Firm The Elder Law Center of Kirson & Fuller Fassett, Anthony & Taylor Frank Family Law Practice The Fighter Law Firm

Haliczer Pettis & Schwamm Harris Harris Bauerle Lopez Hilyard, Bogan & Palmer Jill S. Schwartz & Assocs.

Keating & Schlitt King, Blackwell, Zehnder & Wermuth Korshak & Assoc.

Kosto & Rotella Law Offices of Brent C. Miller Lebron Law Marcus & Myers The Marks Law Firm McMichen, Cinami & Demps McShane & McShane Murphy & Berglund N. Diane Holmes P.A. O’Mara Law Group Orange Blossom Law Page & Eichenblatt Perez LaSure Sawyer & Sawyer Shannin Law Firm Stovash, Case, Shay & Pearce, P.A. Tangel-Rodriguez & Assoc.

Warner & Warner West Family Law Group Wieland & DeLattre Wilson McCoy Wooten Kimbrough Yergey & Yergey

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SIDEBAR

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OTHER VOLUNTARY BAR EVENTS

VOLUNTARY BARS As we settle into summer, the Florida heat isn’t the only thing heating up. Our volunteer bar associations have been busy this summer keeping us connected, supported, and engaged. Whether through networking, mentorship, community service, or simply reconnecting with colleagues, these organizations help strengthen both our profession and the relationships that make it meaningful.

Special Luncheon Central Florida Association for Women Lawyers (CFAWL)

ON JUNE 6, 2026 / the Black Women Lawyers Association of

Central Florida (BWLACF) hosted “The Summit Power in the Profession” which is curated for women in law and adjacent fields who want to succeed as legal experts and leaders.

ON JUNE 17, 2026 / the Paul C. Perkins Bar Association (PCPBA)

celebrated the installation of its 2026-27 executive board.

A special congratulations to Orlando Sheppard who was installed PCPBA’s president. PCPBA wishes to thank Annie Blanc and the 2025-26 board for an amazing year and wishes Orlando Sheppard and the 2026-27 board the very best!

ON JUNE 12, 2026 / the Central Florida Association for Women Lawyers celebrated the passing of the gavel between outgoing president Christina Russo Walters and incoming president Allison Imber. This special luncheon featured past CFAWL presidents who shared their words of wisdom to help Allison as she transitions to lead the organization. CFAWL wishes to thank everyone who served on the board and leadership team under Christina Russo Walters and wishes the incoming board and leadership team the very best under the leadership of Allison Imber.

ON JUNE 24, 2026 / CFAWL book club members met at Digress Wine Bar in College Park to discuss “Judge Stone” written by Viola Davis and James Patterson.

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Alena V. Baker, Esq., of Alena Baker

Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.

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4 WHO’S WHO 1 CFAWL passing of the gavel.

2 BWLACF May Power luncheon.

3 PCPBA at this year’s Florida Bar event.

4 PCPBA General Body Meeting Recap.

5 CFAWL Board President Allison Imber hosted the annual retreat.

The Briefs | JULY 2026

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