The Orange County Bar Association - The Briefs - January 2022

A Publication of the Orange County

Inside this Issue: President’s Message Happy New Year! It’s National Mentoring Month Eric C. Reed, Esq. January 2022 Vol. 90 No. 1

Professionalism Committee Professionalism During COVID-19 Timothy W. Terry, Esq.

Bar Association

Family Law Committee Parent Disagreement Over Vaccines Michael P. DeVoe, Esq. Paralegal Post Preparing for Trial Jorge Astorga, FRP

EMPLOYMENT MEDIATION

the Briefs

Contents 3

15

President’s Message Happy New Year! It’s National Mentoring Month Eric C. Reed, Esq.

OCBA Member Perks November

16-17

OCBA October Luncheon

4

Clerk’s Corner Tips for Filing Electronically Through the E-Portal The Honorable Tiffany Moore Russell

5

OCBA January Luncheon A Conversation with The Florida Bar President Mike Tanner, Esq.

6

Professionalism Committee Professionalism During COVID-19 Timothy W. Terry, Esq.

7

18-19

YLS Annual Charity Golf Tournament

23

Legal Aid Society What We Do...

Breaking the Criminal Record Barrier Laura Sanchez, Esq.

27

Paralegal Post Preparing for Trial Jorge Astorga, FRP

29

OCBA Member News Hearsay Michael V. Andriano, Esq.

31

Nominations Now Open for OCBA Leadership Positions

Young Lawyers Section News YLS on the Move Linnea M. Eberhart, Esq.

7

New Members

32

8

Family Law Committee Parent Disagreement Over Vaccines Michael P. DeVoe, Esq.

11

Construction Law Committee Construction Defects and The Economic Loss Rule, Oh, and Now the Independent Tort Doctrine Scott Kiernan, Esq. David Milton, Esq.

Voluntary Bar News SideBar Alena V. Baker, Esq.

34

Classifieds

36 Calendar

Criminal Law Committee Florida Automatic Sealing Statute is Not What it Seems Brandon F. Dark, Esq.

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of 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 in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2022 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

©2021

Associate Editors Karen L. Middlekauff & C. Andrew Roy Hearsay Columnist Michael V. Andriano YLS on the Move Linnea Eberhart SideBar Alena V. Baker

w OFFICERS Eric C. Reed, President Karen L. Persis, President-elect Amber N. Davis, Treasurer Arti Ajit Hirani, Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Catherine T. “Kate” Hollis Kristopher J. Kest Bruce A. Mount Rafael Orlando Rodriguez C. Andrew Roy Brandon M. Sapp Jennifer Smith Thomas Jessica A. Travis M. Ryan Williams LaShawnda K. Jackson, Ex-officio Michael Barber, YLS President w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Candice Maull

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Editor John M. Hunt

www.orangecountybar.org

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (321) 430-1558 www.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 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

theBriefs January 2022 Vol. 90 No. 1

President’sMessage

January 2022

Happy New Year! It is National Mentoring Month

2022

is here! A new year gives us an opportunity to set new goals and resolutions. For some of us in the billable hour world, that means the clock resets and starts over at zero – usually not a great feeling. Writing down our objectives and goals gives us something to focus on and look back to as we move through the year. I did a bit of research to find the top New Year’s resolutions – Eric C. Reed, Esq. which you probably could have guessed are: exercise more, lose weight, improve diet, save more money, and pursue a new job/career. I have some work to do on a few of these items.

January is also National Mentoring Month. I recently came across the following quote from author Eric Parsloe, “Mentoring is to support and encourage people to manage their own learning in order that they may maximize their potential, develop their skills, improve their performance and become the person they want to be.” As we all know, law school teaches us the concept of the law but not how to practice law. Some of our new attorneys who embark into the legal world in the government space or into law firms typically have the opportunity to work with senior level attorneys who can help guide and teach them how to effectively practice law. There are some of our young attorneys who make the decision to “hang their own shingle” and don’t have the benefit of mentoring, which makes the practice of law that much more difficult.

Last fall I attended a luncheon with a panel discussion of state and federal court judges. One of the panelists was Federal District Judge Wendy Berger. She commented on the importance of mentoring of our young attorneys. She discussed that civility between attorneys is lacking and we need to focus on how to get back to the level it once was. Mentoring can certainly be a tool to help in this effort. Florida Bar President Mike Tanner’s article on “Meeting the High Standards for Professionalism in Law” discusses the importance of our professional reputation. When we join the Florida Bar and take the Oath of Admission, we swear to conduct our personal and professional lives by a set of ethical principles.

One of our very own, Kristopher Kest, saw the need for mentoring many years ago so he decided to take action. Kristopher created the Young Lawyer Section’s law school mentoring program

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in 2009, and later he created the OCBA’s program in 2014. The annual OCBA program matches up 10+ year attorneys/mentors with younger attorneys/mentees to provide an opportunity to provide guidance, wisdom, and access to a seasoned attorney. I enjoyed my time serving as a mentor and getting to know younger attorneys through the OCBA program. I was fortunate to get matched up with the following: Andrew Bain (now Judge Bain), Joanna Foard, Michael Piccolo, Jack Demetree, and Tiffany Ward.

It was beneficial to me to listen to the younger attorneys to understand how the practice of law has changed for younger practitioners and the challenges they face.

A recent article in the Daily Business Review authored by Jonathan Greenblatt discussed mentoring as a two-way street. The author points out that none of us got to where we are without help. Isn’t that true. There are times when you don’t have to be an “official mentor” but your involvement still provides benefits to the younger attorney. I began my career at the Ninth Judicial State Attorney’s Office (SAO) and learned from my supervising attorney and now Judge Wayne Wooten. My division judge, Jeff Fleming, provided on-the-job experience to young prosecutors and public defenders to help us practice law in the courtroom. I also learned from private criminal defense attorneys, one of which was (now judge) Mike Murphy. I recall the day he pulled me aside after a not so successful hearing against an experienced attorney. Judge Murphy took his time to provide some much-needed advice and comments, for which I was grateful. After the SAO, I moved to the civil world at Shutts & Bowen LLP, and I had the opportunity to be (and still) mentored by several attorneys, including Mike Gore and Jack McElroy.

Jonathan Greenblatt’s article continues with a discussion that helps empower a younger attorney by providing them with the mentor’s wisdom and trusting them to succeed and for the mentee to reach their full potential. If you are an older/seasoned attorney, please think about mentoring a younger attorney. And if you are a younger attorney, seek out a mentor, it will help make the practice of law a bit easier.

Get out there and make the most of 2022!

Eric C. Reed, Esq., is a partner in the Orlando office of Shutts & Bowen LLP, where he practices business litigation. He has been a member of the OCBA since 2000.

www.orangecountybar.org

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Clerk’sCorner Tips for Filing Electronically Through the E-Portal

I

wanted to begin this new year by providing some information that I hope will assist you when filing court documents through the Florida Courts E-Filing Portal. I know that E-filing can be somewhat of a challenge, because each Clerk’s Office across Florida was given flexibility to configure some elements of the application specific to their case filing requirements.

The following tips are based on common issues encountered by my staff while maintaining adherence to the Florida Courts E-Filing Portal Standards. Those standards can be found by going to www.floridasupremecourt.org and searching for Supreme Court Administrative Order AOSC20-77.

First, filers should review their documents to ensure all wording and signatures are in black and white in accordance with section 1.1.4.1. of the E-Filing Standards. This includes signatures by parties and notaries. Exceptions are made for driver license and class certificates. If necessary, the settings on scanners can be changed to scan documents in black and white only.

Also, when filing exhibits, the E-Filing Standards allow for the filer to file multiple exhibits in one submission as long as each exhibit is accompanied by a cover page. On each cover page, the number of pages should be noted for that exhibit according to

section 1.1.5.2. Each exhibit should conform to the filing size limitation in Section 1.1.3. If an exhibit exceeds the size limit, each portion should be separately described as being a portion of the whole exhibit (e.g., Exhibit A, Part 1 of 5, Part 2 of 5, etc.).

In new case filings, there are instances where the Civil Cover Sheet will have one particular case type checked but the petition, or the case type selected in the portal, reflects a different case type. These inconsistencies will cause the filing to be rejected in accordance with section 1.2.5 of the E-Filing Standards which leaves the determination up to the Clerk whether the “filing conflicts with any court rules or standards.” The Clerk is required to report case filings each month to the Office of the State Courts Administrator.

These case filings must meet specific criteria that do not allow for these types of inconsistencies.

Clerks have also seen many instances where the names of the parties are spelled differently throughout the petition as well as in the portal itself. As an example, the case style on the petition may list the name of the party as “Jennifer Elizabeth Howard,” the body will list it as “Jennifer E. Howard” but the name is entered in the portal as “Jennifer Elisabeth Howard.” These discrepancies present a challenge when attempting a name search in our case maintenance system.

Reviewing pleadings to ensure that they are aligned with the Florida Supreme Court Standards for Electronic Access to the Courts significantly alleviates the chances of filing delays. I sincerely hope that these tips are helpful. Remember that implementing these small steps into your filing routine will go a long way to help with a quicker and problem free process.

The Honorable Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

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PAGE 4

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OCBA January Luncheon Thursday, January 27, 2022

A Conversation with The Florida Bar President

M Mike Tanner, Esq. President, The Florida Bar

ike Tanner, the 73rd president of The Florida Bar, practices business, commercial litigation, appellate, and election law with Gunster in Jacksonville, where he is a shareholder.

He served on the Board of Governors since 2011, including on the Legislation Committee since 2013 and has chaired or co-chaired that committee three times. He has also served on the Program Evaluation Committee, was chair for the 2016-17 Bar year, and co-chaired the board’s Constitution Revision Committee.

Tanner served on the Trial Lawyers Section Executive Council from 1992-99 and served as section chair in 1999-2000.

He also spent five years on the Board of Legal Specialization and Education, including one year as chair.

Tanner has received awards, recognition, and membership from many peerevaluated organizations. He is board certified in both civil trial law and business litigation and is rated “AVPreeminent” by Martindale-Hubbell, Inc. He is a fellow of the American College of Trial Lawyers and a member and a past Jacksonville chapter president of the American Board of Trial Advocates.

Tanner is a graduate of the University of Florida Levin College of Law and has been a Bar member since 1978. He is a member of the Appellate Practice, Real Property, Probate and Trust Law, and Trial Lawyers sections.

OCBA January Luncheon Thursday, January 27, 2022 11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando Title Sponsor:

191 East Pine Street, Orlando, Florida 32801 Please RSVP by Monday, January 24, 2022 RSVPs will not be accepted after January 24, 2022 www.orangecountybar.org/store Cancellations must be received no later than January 24, 2022 To register or cancel, contact Stephanie Sadi at stephanies@ocbanet.org

Supporting Sponsors: Anthem Reporting | Florida Lawyers Mutual Insurance Company | Registered Agent Solutions, Inc.

Rosenfield and Company | Seacoast Bank | Veritext | Withum+ theBriefs January 2022 Vol. 90 No. 1

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee Professionalism During COVID-19

T

he purpose of this article is to address the heightened challenges to Professionalism during the COVID-19 pandemic. Before the inception of the pandemic, it was my belief that most professionalism issues could be managed by attorneys by being reasonable with their clients. Since COVID-19 began, I have seen an unprecedented number of instances in which clients’ perception of reaTimothy W. Terry, Esq. sonableness on the part of their attorney has changed dramatically.

Some clients during the pandemic appear to believe that attorneys have unlimited time to devote to their case and that their case is so urgent that it takes precedence over all other cases. The clients appear to be more anxious than clients have ever felt in the past. Perhaps due to the months of additional stress, cli- One of the ents during the pandemic are some- problems caused times less willing to wait for responses by the pandemic to their telephone calls, text messages, is that everyone and emails.

This is a complicated situation for is understandably the attorney who may be trying to worried about manage practice issues or other health their health and issues, and an attorney who may be stretched very thin with a heavy case- their families’ load and multiple client emergencies. health.

How should the attorney handle these scenarios?

One of the problems caused by the pandemic is that everyone is understandably worried about their health and their families’ health. Their anxiety affects the way they think, the way they communicate, and the way they interact with persons who are considered problem-solvers – including attorneys, paralegals, and legal teams.

Here are some reminders/suggestions for managing practice issues during the COVID-19 pandemic: 1. Answer the phone when it rings if you can. The public’s impatience to talk to attorneys immediately is unprecedented. This practice might result in more clients retaining you. It might also result in fewer clients losing patience with you (or negative reviews) and wanting to change counsel.

2. Respond to texts when they come in if you can (if you are one to text with clients). There is something about texts that people expect to generate a quick reply – even if the text comes in after regular work hours. Some clients expect replies regardless of how late in the day or how PAGE 6

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early in the morning it is. Some clients expect responses on Saturdays and Sundays and yes, even during holidays.

Respond to emails when they come in if you can. Most clients expect responses to emails by the end of the same day the email was sent and certainly by the next morning. See Rules Regulating the Florida Bar, Rule 4-1.4, regarding communication with your client.

If the client who is trying to contact you states that their situation is an emergency, call or contact them as soon as possible. If they assert that an emergency exists, what if it really is an emergency? As Judge Diana Tennis said in a recent family law seminar, “Airplane or blood.

Don’t take a chance.”

When reviewing your calendar and your daily to-do-list, ask yourself which items are the top five (5) priorities that must be done as soon as possible to prevent a crisis from occurring. When determining the order of priority, always consider the emotional status of the client. The client may have a negative reaction to not having their task completed as a priority; this reaction may convert a normal to-do item to a high-priority to-do item.

Be as patient as you can be (especially considering your own heightened stress level and extra pressures on you during the pandemic). Recognize that, at this time, everyone is under much more tension and stress than previously.

Attempt to set (or redirect) client expectations to reasonable levels.

8. Try to use video in situations which you know are very likely to result in emotional reactions from the client.

Zoom or Microsoft Teams might help the management of the clients or their families’ emotions.

9. While you are compelled to zealously advocate for your clients, remember to temper that with professionalism and rules of law. See e.g., Rules Regulating Florida Bar, Chapter 4, Preamble, and Rule 4-3.1, “Meritorious Claims and Contentions.”

10. You are an officer of the court and the one with judicial/ court experience, not your clients. Even one reaction from the Judge or Jury could necessitate a change in your presentation. To help ensure that clients understand, perhaps spend extra time in client preparation before your trial or hearing commences.

For those attorneys who may be in need of self-help during these trying times, our OCBA Professionalism Committee member and Florida Bar Counsel Patti Savitz has furnished the following links: This first link is to the Florida Lawyers Assistance, Inc., known as Florida Lawyers Assistance or “FLA,” Main Webpage: https://www.fla-lap.org/

www.orangecountybar.org

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Nominations Now Open for OCBA Leadership Positions The following elected leadership positions are open for nominations:

OCBA Executive Council (One-year term for each position: June 1, 2022, through May 31, 2023.)

• Vice President/President-Elect • Treasurer • Secretary (Three-year term for each position: June 1, 2022, through May 31, 2025.)

• Three (3) Executive Council Seats Legal Aid Society of the OCBA (Three-year term for each position: June 1, 2022, through May 31, 2025.)

• Two (2) Trustee Seats Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2022, through May 31, 2024.)

• Five (5) Board Member Seats

Nominating Guidelines

1. Blank nomination forms are available on the OCBA website, under the About Us/Nominations-Elections section.

2. Completed nomination form(s) must be sent via email to Jenny Brown, Executive Director, jennyb@ocbanet.org.

3. Each nomination form must be signed by no less than five (5) OCBA members in good standing.

4. For YLS nominations, the forms must be signed by no less than five (5) OCBA members in good standing, who are also YLS members.

5. Any nomination for the offices of Vice President/ President-Elect, Treasurer, or Secretary of the OCBA Executive Council shall only be accepted if the nominee has already served on the OCBA Executive Council at least one (1) year.

6. If you need to update your email address and do not know your username, please contact Carolyn Cochrane, at carolync@ocbanet.org, or 407-4224551, Ext. 245, for assistance. If you need to reset your password, please follow the password reset instructions.

Important Deadlines Nomination Period: Open now through Friday, January 14, 2022 Election Period: Late February / Early March 2022 Board Appointments / Officer Installations: May 2022

Ne w Members Regular and Government

Andrew T. DAWSON

Caleb M. MAGGIO

Law Student

Mackenzie N. ALLA

James DOYLE

Zak D. MARTINEZ

Michelle BILSKY

Mikayla Elizabeth ALMEIDA

Jackie EBERT

Samendio L. MATHIEU

Camilli Da SILVA

Beatriz ANNEXY

Jake Joseph FALLUCCA

Joseph MIKUSZEWSKI

Luke A. DILL

Sophia A. BIRRIEL-SANCHEZ

Eric J. FILIMON

Mylika C. MORTON

Kierra DUHART

Julianna Hughes BURCHETT

Claudia GESIOTTO

Caitlyn Jewel MYERSON

Christine M. BERK

Javier A. GIL

Mercedes M. PARKS

Jai’Ehir Ehir LeyQuan JACKSONHAWKINS

Edward F. BRUNICARDI

Kendall GRIESSE

Christian Tyler PASCIAK

Katie A. JAMES

Alyxandra S. BUHLER

Reginald GUILLAUME

Justin C. PATROU

Trellanie A. JORDAN

Kelsey E. BURGESS

Corinna Kathleen HAMILTON

Jonathan D. PERRY

Jasmine Rosemarie McMILLION

Juan CAMACHO

Alkeyvia L. HAYNES

Leah A. PETTEGREW

Bayyinah M. NORBI

George Gilberto CAPPELLO

Jake HERRELL

Demian S. SERIANNI

Blake A. SIMONS

Lyndal I. CARTER

Briggs L. HOLSHEY

Thomas VILLARROEL

Alena R. CHABAN

Shane A. HORTON

Affiliate

George R. COE

Terry E. LEACH

Tyrese CRUISE

Haley Ann LYNCH

theBriefs January 2022 Vol. 90 No. 1

Lisa AMOROSO

Rick L.M. ZACHOREWITZ

Kathy M. MOORE

www.orangecountybar.org

PAGE 7

Family LawCommittee Parent Disagreement Over Vaccines

F

amily law attorneys are receiving more requests from parents to resolve impasse over vaccination of their children.

Recently, the FDA approved Pfizer-BioNTech’s COVID vaccine for children ages 5 through 11.

What legal procedure should parents follow when they disagree on vaccination, and what result can they expect from the courts?

Michael P. DeVoe, Esq. When establishing an initial parenting plan, courts are required to grant parents “shared parental responsibility” unless it would be detrimental to the child.1 “Shared parental responsibility” means major decisions affecting the child are to be made after the parents confer and reach an agreement.2 The vast majority of parenting plans provide for shared parental responsibility.

When parents cannot reach an agreement on a major decision that is not specifically addressed in a court-ordered parenting plan, the dispute may be presented to the trial court for resolution.3 In resolving the impasse, the lower tribunal must be guided by a consideration of the best interests of the child.4 An important threshold consideration is deciding what procedure to use to invoke the court’s jurisdiction to resolve a shared parenting deadlock when there is an existing parenting plan. Modification of a court-ordered parenting plan is initiated by supplemental petition.5 Clarification of a court-ordered parenting plan is initiated by motion.6 However, the decision to vaccinate is not simply a clarification of the shared parenting directive in the parenting plan. Florida law provides that “a clarification seeks to make a judgment clearer and more precise, as opposed to a modification, which seeks to change the status quo.”7 To overcome impasse, the court must depart from shared parental responsibility and grant one of the parents the ultimate authority on the disputed topic. Therefore, a parent already subject to a court-ordered parenting plan must file a supplemental petition for modification to resolve an impasse over vaccination and immunization.

In McGrath v. Mountain, 784 So. 2d 607 (Fla. 5th DCA 2001), an original proceeding in paternity, the parents disagreed on the topic of vaccination and immunization. The father testified as to the benefits of immunization. The mother, a chiropractor who used holistic medicine and homeopathy, opposed immunization on medical and religious grounds. The trial court granted the mother the right to make the decision on vaccination and immunization. The Fifth District determined both parties supplied the trial court with competent, substantial evidence, and it could not substitute its judgment for the judgment of the trial court.

In Winters v. Brown, 51 So. 3d 656 (Fla. 4th DCA 2011), an original proceeding in paternity, the parents disagreed on the topic of vaccination and immunization. The father testified in favor of traditional medical care, including well baby exams, blood draws, urinalysis, and vaccinations. The mother, a chiropractor and proponent of holistic medicine, testified a tenet of her religious beliefs was that anything introduced into the body to prevent disease or treat illness PAGE 8

is against the will of God, including vaccines. The Fourth District observed, “While courts have consistently overturned restrictions on exposing a child to a parent’s religious beliefs and practices, they make an exception where there is a clear, affirmative showing that these religious activities will be harmful to the child.”8 The Fourth District found notable that the trial court considered and weighed Mother’s religious-based objection in its determination of the child’s best interests when it stated: The issue . . . is not one of simply exposing the minor child to the mother’s religious beliefs and practices, it involves an issue that could cause physical and serious harm to the minor child. When parents cannot agree, the court is called upon to break the impasse, and that decision must be made in the best interests of the minor child.

The trial court granted the father authority to make the decision to vaccinate. The Fourth District determined the trial court’s decision was supported by competent, substantial evidence and affirmed the trial court.

In Palmquist v. Potter, 29 Fla. L. Weekly Supp 7a (Fla. 2d Cir. Ct. 2021), an original proceeding in dissolution of marriage, the trial court was tasked with resolving a deadlock between the parents over vaccination and immunization. The Court did not believe either party presented sufficient evidence for a determination of the issue.

The Court established a procedure for the parents to attempt to confer and agree on the topic, ordering: [H]usband and wife will jointly confer with their minor child’s pediatrician, Carlos Hidalgo, M.D., and after listening to his professional opinions and advice regarding the advantages and disadvantages of immunizations, will use their best efforts to reach an agreement on which course to take. The consultation should include a discussion of any underlying health conditions or allergies that could make standard childhood immunizations contraindicated for the minor child. The consultation will occur no later than 30 days from the date of this order. If an agreement is reached using shared responsibility, the wife will file a notice of withdrawal of her motion. If not, the parties will contact the Court’s Judicial Assistant and set an expedited final hearing on the matter.

Note that the above family cases involve disagreement over vaccination and immunization between parents, as opposed to other forums in which parent decision-making may conflict with institutional policy, for example with private religious school9 or cases involving DCF.10 The only clear take-away is that, when a parent asks the court to resolve a good faith impasse over vaccination, it is error for the court to grant the prevailing parent wholesale, ultimate decision-making authority over all medical care, absent evidence of detriment broader than the discrete topic of vaccination.11 The above cases do not involve the COVID-19 vaccine. They do not address the differences between the Florida Department of Health’s “Immunization Guidelines,” to which schools and daycares are subject, and the more frequently updated CDC “Vaccine-Specific

www.orangecountybar.org

continued page 24

theBriefs January 2022 Vol. 90 No. 1

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Visit orangecountybar.org for more information. www.orangecountybar.org

theBriefs January 2022 Vol. 90 No. 1

Construction LawCommittee

I

Construction Defects and The Economic Loss Rule, Oh, and Now the Independent Tort Doctrine

t is said that there can be no bigger purchase in your life than that of your home, and to most of us our home truly is our castle. Thus, it stands to reason that any original construction to your home or any subsequent contractor improvements, should Scott Kiernan, Esq. be cured of construction defects negligently caused by contractor(s). Historically, in most construction defect claims, defendants (i.e., contractors) have raised the Economic Loss Rule (ELR) as one of many affirmative defenses. Recently, we, as plaintiff’s attorneys who represent homeowners or homeowners’ associations in construction deDavid Milton, Esq. fect claims, have noticed a trend: defendants have also been raising what has been called the Independent Tort Doctrine (ITD).

While both the ELR and the ITD have a basis in Florida law, the application of the ELR and the ITD on a motion to dismiss in construction defect claims is questionable on both procedural and substantive grounds. The purpose of this article is to present some of the issues raised by the application of the ELR or the ITD on a motion to dismiss.

To be clear: there is nothing improper about defense attorneys raising the ELR or the ITD as affirmative defenses; there are, however, procedural problems presented when the ELR or the ITD forms the basis for a motion to dismiss. For starters, Florida Rule of Civil Procedure (Fla. R. Civ. P.) 1.140(b), which lists affirmative defenses that can be raised on a motion to dismiss, does not identify either the ELR or the ITD as grounds for a motion to dismiss. Granted, Fla. R. Civ. P. 1.110(d) does permit litigants to move to dismiss based on an affirmative defense, but only if the basis for the defense appears on the face of the pleading. Because there is a multitude of questions to be answered before a trial court could conclude that the ELR or the ITD applies and that there are no exceptions, it is unlikely that the basis for the defense will appear within the four corners of the complaint.

To preempt those questions, some attorneys have suggested that trial courts require plaintiffs to allege facts in a complaint that would negate the application of the ELR or the ITD. In other words, some attorneys are asking trial courts to compel plaintiffs to plead in anticipation of affirmative defenses – a pleading requirement that has been and remains prohibited by the Florida Supreme Court and every District Court of Appeal. For that reason, if either the ELR or the ITD is to be applied at all, the ELR or

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the ITD can only be applied on a motion for summary judgment and after all relevant discovery has been conducted.

In addition to establishing the application of the ELR or the ITD (an issue discussed in a moment), there are factual issues that, even under the recent revisions to Fla. R. Civ. P. 1.510, must be addressed by the moving party. For instance, did a construction defect cause any personal injury or property damage? Also, has the defense met its burden of proof on its affirmative defense by producing evidence showing that there was no personal injury or property damage or by pointing out that a homeowner or homeowners association lacks the evidence to prove personal injury or property damage, trial courts may grant that defendant’s motion?

But, a motion for summary judgment based on the ELR or the ITD presumes a legal basis for the ELR or the ITD. There is another, more fundamental question that trial courts must answer (a question that might need to precede the procedural questions): in light of the Florida Supreme Court’s decision in Tiara Condo, can the ELR or the ITD even be applied to an association’s construction defect claim? Having litigated this issue numerous times, we are aware of the strong differences of opinion between attorneys for plaintiffs and defendants. As attorneys who represent homeowners’ associations, we believe Tiara Condo precludes the application of both the ELR and the ITD to an association’s construction defect claim. That said, attorneys who represent defendants have made reasoned arguments for the continued application of both the ELR and the ITD in construction defect claims. Thus, Florida’s appellate courts – and, most likely, the Florida Supreme Court – will have to clarify the impact of Tiara Condo on the application of both the ELR and the ITD in an association’s construction defect claim.

Fortunately for plaintiffs and defendants litigating construction defect claims in Orange County, the Ninth Circuit is populated with judges who are quick to grasp issues and to pinpoint the crux of an argument, and fortunately for plaintiffs and defendants, the construction attorneys within the Ninth Circuit are skilled at explaining and arguing complex legal issues. But until the impact of Tiara Condo is clarified by Florida’s appellate courts, attorneys for plaintiffs and defendants must continue to do their best to represent their clients’ interests. And on that point, we have no doubt that the construction attorneys in Orange County will continue to do so zealously, with a professionalism and civility we have come to expect in the Ninth Circuit.

Scott Kiernan, Esq., is a partner at Becker & Poliakoff, P.A. He practices construction law and is the Chair of the Construction Law Committee. He has been an OCBA member since 2006.

David Milton, Esq., practices construction law at Becker & Poliakoff, P.A. He has been an OCBA member since 2021.

www.orangecountybar.org

PAGE 11

Criminal LawCommittee Florida Automatic Sealing Statute is Not What it Seems

R

esearchers estimate that as many as one in three adults have a criminal record in the United States.1 The American dream now includes approximately the same number of people with criminal records as it does college graduates.2 In Florida, criminal arrest information is public record unless specifically exempted.3 This information inBrandon F. Dark, Esq. cludes booking photographs, arrest reports, and charging documents.4 County and municipal law enforcement agencies post booking photographs on their websites.5 Some agencies will not remove a booking photograph until the record is sealed or expunged.6 Those seeking to prevent public disclosure of their criminal history records may petition the court to seal7 or expunge the records.8 To obtain a court-ordered sealing or expungement, however, a person must obtain a certificate of eligibility from the Florida Department of Law Enforcement (FDLE).9 This process can take months because of the FDLE backlog.10 Also, this process may only be utilized once in a person’s lifetime.11 In the meantime, regardless of innocence or guilt, media outlets, members of the public, and private companies can obtain a person’s criminal arrest information from the local clerk of courts or law enforcement.12 In today’s age of technology, someone’s reputation in the community, among their friends, family, and co-workers, may be ruined almost instantly. Even if the case is dismissed, some people may still struggle to find employment, housing, or higher education opportunities,13 given that private companies can provide the information for a fee to employers, landlords, and educators, who use it for the purpose of determining if applicants have a criminal history.14 To protect the public, Florida lawmakers expanded the eligibility for sealing certain criminal history records in 2019. When an arrest does not result in an information, indictment, or charging document for a forcible felony or for an offense requiring the defendant to register as a sexual offender, the Florida Department of Law Enforcement (FDLE) must automatically seal a criminal history record when 1) charges are not filed, 2) charges are dismissed, or 3) the defendant is acquitted by jury or judge.15 Like the court-ordered sealing process provided for in section 943.059, Florida Statutes, and Rule 3.692, Florida Rules of Criminal Procedure, a person may lawfully deny or fail to acknowledge their sealed arrest except in specific circumstances relating to licensing and employment.16 Unlike the court-ordered sealing process, automatic sealing eligibility only requires the clerk of court to send a certified copy of the case outcome to FDLE.17 It is not contingent on a person’s prior criminal history. There is no limit on the number of sealings a person may receive under the statute.18 Nevertheless, the automatic sealing statute does not require law enforcement agencies or courts to seal their records.19 Even though PAGE 12

FDLE is the central repository of criminal history information in the State of Florida, what prevents media outlets, members of the public, and private companies from obtaining a person’s criminal arrest information from the local clerk of courts or law enforcement, if they do not receive a court-ordered sealing or expungement? Currently, nothing.

The judiciary has exclusive power and responsibility over court records.20 Creating laws relating to the sealing of non-judicial, law enforcement records is within the legislature’s exclusive control.21 Although the legislature may have only intended for automatically sealed records to be made available to prosecutors, law enforcement, and judges, the current statute does not make their intention clear.22 Because the Florida Supreme Court has not provided procedures governing automatic sealing of criminal history records in the custody of courts, like its rules governing human trafficking victim expunction,23 practitioners may need to request that the court decide whether to seal judicial criminal history records, based on the three-pronged First Amendment test outlined in Press-Enterprise Co. v. Superior Court of California, 478 U.S. 1 (1986).24 Until the automatic sealing law is amended, interpreted, or a rule of procedure is set in place, those seeking to prevent public disclosure of their criminal history records, who are entitled to relief under the automatic sealing statute, will still have their records available to the public.

Brandon F. Dark, Esq., Law Office of Brandon F. Dark, PA, practices criminal defense, injunction, insurance claim, and bodily injury matters. He is the Vice President of the Criminal Law Committee and has been a member of the OCBA since 2014.

Fla. H.R. Comm. On Judiciary, CS for HB 369 (2017), Post-Meeting Staff Analysis (April 26, 2017), https://www.flsenate.gov/Session/Bill/2017/369/Analyses/h0369e.

JDC.PDF (last visited on August 15, 2021).

2Matthew Friedman, Brennan Center for Justice at New York University School of Law, Just Facts: As Many Americans Have Criminal Records As College Diplomas, https:// brennancenter.org/blog/just-facts-many-americans-have-criminal-records-college-diplomas (last visited on August 15, 2021).

3§ 119.07(1), Fla. Stat. (2007).

4“ ‘Criminal history information’ means information collected by criminal justice agencies on persons, which information consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges and the disposition thereof. The term does not include identification information, such as biometric records, if the information does not indicate involvement of the person in the criminal justice system.” § 943.045(5), Fla. Stat. (2013).

5Orange County Government, Florida, Jail & Inmate Services, Current Inmate Database, Copyright 2021, available at https://netapps.ocfl.net/BestJail/Home/Inmates (last visited on August 15, 2021).

6Lee County Sheriff’s Office, FL, Remove Arrest Photo, Remove My Arrest Photo From Lee County Sheriff’s Office Website, Copyright, available at https://www.sheriffleefl.org/ remove-my-arrest-photo-from-lee-county-sheriffs-office-website/ (last visited on August 15, 2021).

7§ 943.059, Fla. Stat. (2019).

8§ 943.0585, Fla. Stat. (2019).

9§ 943.059(2), Fla. Stat. (2019).

10 Email from Ron Draa, Legislative Affairs Director, Florida Department of Law Enforcement, Re: Sealing/Expunction Timeframs/Backlog (Jan. 28, 2019).

11 § 943.059(1)(e), Fla. Stat. (2019).

12 Orange County Clerk of Courts, myEClerk, Court Records Search, Criminal Case Records, Copyright 2021, available at https://myeclerk.myorangeclerk.com/Cases/ Search?caseType=CR&caseTypeDesc=Criminal%20Case%20Records (last visited on August 15, 2021). continued page 28 1

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theBriefs January 2022 Vol. 90 No. 1

OCBA Member Perks November 3, 2021 Speaker: Bill Sublette, Esq. OCBA Center Sponsored by Seacoast Bank

Mark Van Valkenburgh, Kristopher Kest Ava Doppelt, Judge Julie O’Kane, Mary Walter Ingram, Nicolette Kramer

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theBriefs January 2022 Vol. 90 No. 1

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Speakers: Rania Arwani, Esq. and Michelle Sperzel October 28, 2021 Embassy Suites by Hilton Downtown Orlando Co-Hosted by the Central Association for Women Lawyers Title Sponsor: Veritext

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theBriefs January 2022 Vol. 90 No. 1

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theBriefs January 2022 Vol. 90 No. 1

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theBriefs January 2022 Vol. 90 No. 1

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PAGE 21

ROBERT B. MORRISON TO RETIRE AS FIRM LEADER OF BUSINESS ADVISORY SERVICES Robert “Bob” Morrison, FASA BV/IA, former Firm Leader of Rosenfield and Company, PLLC's Business Advisory Services Team, will effectively be retiring as of December 30th, 2021 and serving As Counsel to the Firm.

Replacing Bob as Firm Leader, is newly appointed Paul Dumm, CPA, ABV, CFF, CFE, ASA, who has worked with Bob for over 20 years, and joined him in their previous firm's merger with Rosenfield and Company, PLLC in 2019.

“Integrating Morrison Valuation Services into our firm almost two years ago has allowed for our firm to provide first and world class Consulting/Valuation and Litigation Support services. In that time and under Bob’s leadership, we have more than doubled the size of this important part of our practice. With Bob’s retirement, Paul Dumm assumes leadership of our BAS Team. We are extremely grateful and fortunate that Paul has worked with Bob for over 20 years, all while keeping the strong credentials we have enjoyed and bringing fresh and new ideas to the team. We greatly look forward to Paul’s leadership!” – Ken Rosenfield, CPA, Founder and Managing Partner, Rosenfield and Company, PLLC.

T A X | B U S I N E S S

A T T E S T | C O N S U L T I N G V A L U A T I O N S | L I T I G A T I O N

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YEARS

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R O S E N F I E L D A N D C O . C O M www.orangecountybar.org

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Legal Aid SocietyWhat We Do...

Breaking the Criminal Record Barrier

I

n today’s world, there is a negative stigma toward individuals with criminal records. Sometimes those records happened long ago, sometimes they are minor offenses, and sometimes it is the individual’s only criminal record. As a Legal Aid attorney, I have seen the unending economic harm this stigma places on my clients, the majority of whom have continuously contributed positively to our community. All Laura Sanchez, Esq. of our clients want to put that part of their life behind them and want to work for a better future. One client we assisted only had one criminal record in her life, and it happened in the 1970s! It had recently come up on a background check and she was denied employment. It was eligible to be expunged and a super hero pro bono attorney was able to assist her with completing this process.

Individuals with criminal records face a disadvantage when applying for employment and housing. Those who are lucky enough to have financial stability can overcome this hardship. However, the low-income population with criminal records is not only fighting against the stigma, but also struggling everyday to find employment and housing to support their families.

Sealing and expunction is not just a process by which individuals can remove a criminal charge from their record, but it is also a way of giving someone hope that there will be a brighter future ahead.

Most of us have made mistakes in our life, either small or big. We are not perfect. Many reading this article might say, “I’ve never been in trouble with the law.” That may be true but there may also be things that can land someone in front of a criminal court that you have never even thought about. Speeding is the perfect example. Did you know that if you drive a certain amount over the speed limit in Florida, you could end up with a criminal charge?

Most of us do speed at some point . . . and the remainder of us are envisioning our teenager completely disregarding the rules of the road, shuddering at the thought of riding shotgun with them behind the wheel.

Of course, a criminal speeding ticket is not the only charge we see at the Legal Aid Society. Many of the charges are more serious, such as battery, criminal mischief, and theft charges. Many times, the charge was dropped or dismissed before trial. Individuals with these charges are then trying to find a way to get them removed from their record because they are sorry, they have changed, and they want to work. Some are eligible; however, many are ineligible. According to Florida law, an individual who has been adjudicated guilty of a criminal charge is not eligible to seal or expunge their Florida record. This includes criminal traffic tickets. I have lost count of how many clients have criminal traffic tickets that have prevented them from sealing or expunging a criminal charge. theBriefs January 2022 Vol. 90 No. 1

The challenges continue if the individual has more than one record. In the state of Florida, a criminal charge appears on your record even if the charge was dropped or dismissed. Meaning that even if there was not sufficient evidence to continue with the criminal case, that person now has to live with that charge for the rest of their life. Florida law also states that you can only seal or expunge one criminal charge in your lifetime. As a result, those who have already sealed or expunged a criminal charge can never go through the process again.

Being a low-income individual facing these challenges is not easy.

Many employers will not even ask for an explanation of a charge; rather, they only look at the fact that the charge is there. Even if the charge was dropped, individuals may still be turned away from employment. This is the same situation with housing. Being a renter is difficult enough in Central Florida. Add int increasing rent prices to a criminal record, and the barriers keep getting taller and taller.

As mentioned before, criminal traffic tickets have prevented many of my clients from being able to seal or expunge a criminal charge.

These are clients who have already paid their debt to society, have completed their community service or diversion programs, and would otherwise be eligible to seal or expunge their criminal charge.

Although the sealing and expunction law places barriers to low-income individuals, money is also a challenge. Florida charges fees to be able to seal or expunge a criminal record. The Florida Department of Law Enforcement charges a $75 application processing fee. They also ask for fingerprints to be completed, as well as a certified copy of the disposition of the criminal case. This could add another $15 to $20 to the fees. Add to that attorney’s fees and court costs, you could be looking at a lot of money to get a criminal charge sealed or expunged even though you are out of work.

For someone living paycheck to paycheck, especially those who have lost their jobs due to the pandemic, this financial burden can be too high. Pro bono attorneys are needed to assist these clients in their journey to become financially stable. Don’t know how to seal or expunge one’s criminal record? The process is easy and quite methodical, so we can teach you how to do so in a short, free one-hour CLE! There is no better feeling than seeing someone being able to stand up on their own and put the past behind them.

Sealing and expunction does this! The process is not perfect, and it creates challenges for low-income clients, but at the end of the day, if one life is changed for the better, it makes it worthwhile.

Put yourself in the shoes of our clients and take a sealing or expunction case today…or do it for your speed demon teenager.

If you would like to be a pro bono attorney for our sealing and expunction cases, please contact Attorney Laura Sanchez at lsanchez@legalaidocba.org. For more information on how to become a financial donor or to help with fundraising opportunities, please contact Donna Haynes, Developmental Director, dhaynes@legalaidocba.org or by calling 407-515-1850.

Laura Sanchez, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2018.

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PAGE 23

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Recommendations.” The cases do not address newer mRNA vaccine technology, nor the significance, if any, of FDA approval for emergency use versus fully licensed FDA approval.

Conclusion When parents disagree on whether to get their children vaccinated, they must make a good faith effort to discuss and attempt to reach an agreement. If unable to agree, either may file a supplemental petition to have the court determine which parent shall be authorized to make the decision on vaccination. The parents need to provide the court with sufficient evidence to support a ruling, such as testimony by a health care professional. A trial court’s determination of the issue will be upheld if based on competent, substantial evidence.12 Due to the broad discretion granted to trial courts, and the variances in evidence received by trial courts, parents for now can likely expect inconsistent judicial results.

1See § 61.13(2)(B)(2), Fla. Stat. (2021).

2§ 61.046(17), Fla. Stat. (2021), and Gerenscer v. Mills, 4 So. 3d 22 (Fla. 5th DCA 2009).

3Lane v. Lane, 254 So. 3d 570, 573 (Fla. 3d DCA 2018).

4Id. (citing Dickson, 169 So. 3d at 290); Gerencser, 4 So. 3d at 23-24; Sotnick v. Sotnick, 650 So. 2d 157, 159-60 (Fla. 3d DCA 1995).

5See Fla. Fam.L.R.P. Rule 12.110(h).

6See, e.g., Roque v. Paskow, 812 So. 2d 500 (Fla. 4th DCA 2002); Fussell v. Fussell, 778 So. 2d 517 (Fla. 1st DCA 2001); and Gerber v. Gerber, 153 So. 3d 304 (Fla. 2d DCA 2014).

7See Bustamante v. O’Brien, 286 So. 3d 352, 355 (Fla. 1st DCA 2019), and Roque, 812 So. 2d at503 .

continued from page 8

8See Winters v. Brown, 51 So. 3d 656, 657 (Fla. 4th DCA 2011), and Mesa v. Mesa, 652 So. 2d 456, 457 (Fla. 4th DCA 1995).

9Flynn v. Estevez, 221 So.3d 1241 (Fla. 1st DCA 2017).

10N.C. v. Dep’t of Children & Families, 290 So. 3d 508 (Fla. 2d DCA 2020). Under certain circumstances, DCF or a designated caregiver can arrange for “ordinary immunizations,” provided conditions precedent are satisfied.

11See Tamari v. Turko-Tamari, 599 So. 2d 680 (Fla. 3d DCA 1992) (finding that trial court’s resolution of parent impasse over school designation does not support granting mother ultimate decision-making responsibility over all educational decisions). Cf. Winters, 51 So. 3d at 656,, and Gerenscer, 4 So. 3d at 23.

12See, e.g., Winters, 51 So. 3d at 656.

Michael P. DeVoe, Esq., of DeVoe Law Firm, practices family law in Orlando, including dissolution of marriage, paternity, child support, injunctions, and dependency. He is a member of the Central Florida Family Law Inns of Court and serves on the OCBA Family Law Executive PAGE 24

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theBriefs January 2022 Vol. 90 No. 1

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Prime Legal provides comprehensive business solutions, empowering small to large-size firms to successfully build their brands and connect with the clients they actually want to represent. Members of the Orange County Bar Association qualify for: A Free Digital Audit, 25% Discount, Two Free Months of Social Media Management. To get your free digital audit or schedule an appointment, please visit www.findmorecases. com/ocba.

National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide. Visit mynpp.com/association/ocba/ 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.

www.orangecountybar.org

theBriefs January 2022 Vol. 90 No. 1

ParalegalPost Preparing for Trial

P

reparing for a trial is not just a process, it is a form of art. It isn’t simply taught, it also requires a creative mind, attention to detail, and a flexible attitude.

Early in my career, I had the opportunity to observe and take in the styles of two seasoned senior paralegals and how each prepared for trials. When done correctly, it can feel like you are the conductor of an orchestra, bringing all the pieces together like instruJorge Astorga, FRP ments while keeping them on beat to create a harmonious synergy.

It all begins with the trial order, also known as the scheduling order, which will dictate when the “conductor” must start preparing.

In some cases, the court will issue the scheduling order early on, which allows sufficient time to calendar all the key deadlines and dates. The deadlines from the original trial order will be tentative as dates may change as more case orders come in. This is where the conductor’s flexibility and agility will begin to be tested; after all, the show must go on, even with new dates.

Filing the pre-trial stipulation is the next important step in preparing for trial. The pre-trial stipulation is usually filed jointly by both parties, and it includes each side’s trial exhibits and witness lists.

Once it is filed, both parties can disclose and share their trial exhibits either electronically or in hard copies, which is similar to a conductor sharing his original sheet music and musical arrangement with a competing conductor. A great amount of work goes into this phase of trial prep. The paralegal must ensure that every document is complete before exhibits can be exchanged. For example, documents in another language must be translated and sent with a corresponding certificate of authenticity in order to be used in trial. Additionally, the set of trial exhibits exchanged with opposing counsel needs to have the trial exhibit sticker on the first page of each document, and each particular court has its own set of requirements.

Once trial exhibits are exchanged, the paralegal needs to dedicate time to creating a punch list of all possible items that may be needed during trial. This is the time to get creative and think outside the box at all possible scenarios. There is nothing worse than having the trial team ask for something and not having it readily available. Here is a sample list of basic materials – a conductor’s original score – needed for most trials: Trial Materials • An original set of your trial exhibits; • Four copies of trial exhibits (to be used by witness, opposing counsel, judge, and one extra copy); • One copy set of opposing counsel’s trial exhibits; • Two to three sets of binders for each witness who is part of the case, including transcripts, exhibits, errata sheets, and declarations and/or affidavits of each witness; theBriefs January 2022 Vol. 90 No. 1

• Two sets of expert witness binders, including the expert’s reliance materials; • Two binder sets of the motion for summary judgment briefing, including exhibits and caselaw; • Two binder sets of the motions in limine briefing, including exhibits and caselaw; • A trial notebook for each attorney on the case, including the key pleadings and orders in the case; • Two binder sets of the deposition designations; • Three copies of the highlighted deposition transcripts of all designations for each witness (each copy should have its own folder); • An internal trial exhibit tracker that details the exhibits admitted for trial, including which witness the exhibit is related to, the date each exhibit was introduced, and whether it was during direct or cross examination; • A cross-reference trial exhibit list that identifies all of the trial exhibits both sides have in common; • A box with multiple copies of all key pleadings and orders of the case in folders; • A box of trial supplies that includes anything from flags, sticky notes, and paperclips to staplers, highlighters, and so on; • A daily supply of water bottles for the team and for witnesses to have available when they go on the stand.

The Week Before Trial The week before trial, the paralegal should provide electronic copies of trial exhibits for both sides to the trial consulting company, if one is being used. Stay proactive and also provide them copies of all document productions, deposition transcripts and exhibits, and all videotaped depositions.

Next, visit the courtroom where the trial will take place. To do this, set up a meeting with the courtroom deputy and have your consultant attend as well. Normally, the deputy will show you the courtroom technology and provide insight into the rules of the court and how the judge prefers to run their courtroom. During the meeting with the deputy, the trial consultant should take the opportunity to test all of their equipment and confirm that it works. While at the courthouse, take pictures and draw a diagram of the courtroom layout so that when you return to your office, you can use these to create an electronic mock-up of the jury pool and the galley. The mock-up should include a box space for each juror so that your team can use this as a grid to take notes during juror deliberation.

During this week, arrange logistical needs. Work with the legal assistants to coordinate meals for the team to have during trial; this also may include coordinating meals for evening and weekend prepping sessions. Finally, coordinate transportation for the trial team to get to and from court.

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ProfessionalismCommittee

Criminal LawCommittee

This second link is to the Stress Management and Wellness Support Group meetings. There are meetings listed which address stress management and wellness led by FLA Clinical Director, Scott Weinstein, Ph.D. https://www.fla-lap.org/meetings-and-events

13

continued from page 6

continued from page 12

Should you feel that you need help in managing your stress or wellness, please feel free to reach out to these links or to the OCBA Professionalism Committee. Remember – you are not alone. There are others who can help.

Timothy W. Terry, Esq., practices in the areas of family, criminal defense and personal injury law and has been an OCBA member since 1987.

ParalegalPost

continued from page 27

The Weekend Before Trial The weekend before trial, the team will normally be in the office prepping. Use the time wisely as it is the last opportunity to ensure everything is in order and all needed supplies and items are ready to go.

Start packaging all materials, review the trial prep list, and confirm all items on the list are ready. Once all items are reviewed and packed, arrange for a courier service to transport the boxes, demonstratives, and tripods to the courtroom.

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Fla. H.R. Comm. On Judiciary, CS for HB 7125 (2019), Post-Meeting Staff Analysis (April 17, 2019), https://www.flsenate.gov/Session/Bill/2019/7125/Analyses/h7125a.

APC.PDF (last visited on August 15, 2021).

14 § 943.053(3)(a), Fla. Stat. (2019).

15 § 943.0595(2)(a), Fla. Stat. (2019).

16 § 943.0595(3)(c), Fla. Stat. (2019).

17 § 943.0595(3)(a), Fla. Stat. (2019).

18 § 943.0595(2)(b), Fla. Stat. (2019).

19 § 943.0595(3)(a), Fla. Stat. (2019).

20 State v. D.H.W., 686 So.2d 1331, 1333 (Fla. 1996).

21 D.H.W., 686 So.2d at 1334.

22Fla. H.R. Comm. On Judiciary, CS for HB 369 (2017), Post-Meeting Staff Analysis 23Fla. R. Crim. P. 3.692(a)(2).

24D.H.W., 686 So.2d at 1336.

At Trial The first morning of trial, find accommodations for all your team’s boxes; some courthouses have breakout rooms that can be used to store the boxes. Take this opportunity to meet the court reporter and set up your team’s daily trial transcript needs according to priority. The paralegal will oversee and manage the trial exhibit boxes and witness boxes. During trial, monitor the courtroom for news reporters, especially if the case is of a sensitive nature or topic.

All in all, be prepared for anything. There’s a different beat to every trial, just like every www.orangecountybar.org

symphony. Some are more dramatic and stressful than others. Keep an open mind, remain flexible to sudden changes, and most of all, enjoy the harmony of the symphony you just helped to conduct!

Reprinted from November 2019, The Briefs Jorge Astorga, FRP, is a senior litigation paralegal with Greenberg Traurig, LLP, in Miami, Florida.

theBriefs January 2022 Vol. 90 No. 1

OCBA MemberNews Hearsay Let the rain come down and wash away our tears, Let it fill our souls and drown our fears, Let it shatter the walls for a new sun; A new day has come.

–– A New Day Has Come Celine Dion (Y’all knew it was just a matter of time)

2022

– a new day and a new year has come.

The new year engenders renewed optimism and hope that this new beginning will be better than the previous. I have no doubt we are all absolutely hoping 2022 will be significantly better than both 2021 and 2020 combined. Having hope and optimism is not hallow though; indeed, it requires actions and a mindset switch on each individually to effectuate those ideals. The question I pose then is, how can we all make this year better and different than the past? The answer surely is different for each individual but if we are all working together to better our world there is no doubt we can succeed in making this year the best yet, or at least much better than what we all have been through. While writing down all your goals for the new year, which is highly recommended, make health, safety, and self-care a priority this year; establish a revived soul and a new fire in yourselves. Taking the time to invest in ourselves will make us more apt to invest in others and help them succeed – professionally and personally – so I have heard, and experienced.

A new day has come, let’s make the best of it right from the start.

Michael V. Andriano, Esq.

Investiture Ceremonies Investiture ceremonies were held for the following Ninth Judicial Circuit Judges: Judge Andrew A. Bain, Judge John Beamer, Judge Paetra Brownlee, Judge Elizabeth Gibson, Judge Christy Collins, Judge Mikaela Nix-Walker, Judge Michael Deen, Judge Gisela Laurent, Judge Joshua Mize, Judge Vincent Falcone III, and Judge Barbara Leach.

Honors and Awards Ninth Judicial Circuit Chief Judge Lisa Munyon received the Jurist of the Year Award from the Central Florida Chapter of the American Board of Trial Advocates (CFLABOTA).

Ninth Judicial Circuit Court Senior Judge Jerry Brewer received the Inaugural 2021 Florida Award honoring legal veteran’s service from the Orange County Bar Association and a coalition of voluntary bar organizations throughout the State of Florida.

Judge Jerry Brewer is not only a Marine Corp veteran but was also instrumental in starting the Ninth Judicial Circuit’s Veteran’s Court program.

The following were appointed by Governor Ron DeSantis as judges to the Ninth Judicial Circuit: Judge Eric Netcher, Judge Michael Snure, Judge Brian Sandor, and Judge Tarlika Nunez-Navarro.

Barry C. Laboda, Esq., former Administrative Law Judge for the Social Security Administration, has become a partner of the firm of Culbertson Law Group.

James L. Doyle, Esq., has joined Winderweedle, Haines, Ward & Woodman as an associate in the real estate section, representing individuals, developers, and lenders in real estate transactions, 1031 exchanges, land use and development, commercial lending, and business transactions.

Lance D. King, Esq., has joined Stovash, Case and Tingley, P.A., focusing on corporate litigation, business litigation, and corporate law.

The following attorneys recently obtained Board Certification from The Florida Bar: Jennifer Dixon, Esq. (Appellate Practice); Judge Eric Netcher (Appellate Practice); Neysa Jo Borkert, Esq. (City, County and Local Government Law); Patrick Brackins, Esq. (City, County and Local Government Law); Celia Thacker Dorn, Esq. (City, County and Local Government Law); Nicholas Moulos, Esq. (Construction Law); Derek Angell, Esq. (Civil Trial); Karl Tabertew, Esq. (Civil Trial); Zachary Leacox, Esq. (Civil Trial); Joannie Rodriguez, Esq. (Elder Law); Russel Frank, Esq. (Marital and Family Law); Jennifer Lawson, Esq. (Marital and Family Law); Christie Mitchell, Esq. (Marital and Family Law); and Neil Ambekar, Esq. (Workers’ Compensation).

Richard D. West, Esq., of West Family Law Group and a fellow of the American Academy of Matrimonial Lawyers (AAML) recently lectured on “Virtual Currency in a Real World Divorce” at the 2021 AAML Annual Meeting in Chicago.

Michael V. Andriano, Esq., is an Associate Attorney at The Law Office of Michael L. Dear, PLLC. He has been a member of the OCBA since 2018.

Judge Jerry Brewer and Eric Reed

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YLS 2021 Lip Sync for Lungs

Inset: Arti Hirani, Andrew Irvin, John Hunt, Brandon Sapp

Brandon Sapp, Kathleen Shea, Andrew Irvin, Arti Hirani, and John Hunt

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theBriefs January 2022 Vol. 90 No. 1

Young Lawyers SectionNews YLS on the Move

H

appy New Year YLS! Let’s get 2022 started off right with a look back at some of the things we did to celebrate the end of 2021 and also a sneak peak at some of the events we have planned for this year!

The OCBA YLS team dominated at the 2021 Lip Sync for Lungs competition where Arti Hirani, Andrew Irvin, Brandon Sapp, John Hunt, and Kathleen Linnea M. Eberhart, Esq. Shea performed their hearts out to raise money for the American Lung Association in Florida: Central Area. This was our third year participating in the competition and we took home awards in two of the three categories – Judge’s Award and Audience Award. OCBA YLS members really can do it all!

We then rolled right into the holiday season with a whirlwind of events starting with our annual Thanksgiving happy hour to support the Basket Brigade of Central Florida. The money raised at this event helps provide Thanksgiving meals for local families in need. It is also the result of the hard work of one of the committees YLS is most thankful for – our Community Service Committee and its chairs Vaughn Glinton, Kenway Wong, and John Hunt. Thanks for all you do to help our community!

Rounding out our list of things to be thankful for, former YLS President Judge Julie O’Kane joined us for our November luncheon and shared some of the lessons she had learned over the course of her impressive career from private practice to the bench

and beyond. Definitely a great presentation for those of us just starting our careers or looking to transition to the next stage, and a good reminder of the benefits of joining YLS! After we took a break to stuff ourselves with turkey, we came back for more with our Holiday Reception and Toy Drive at the Alfond Inn. Not only was a merry and bright time had by all, but we also collected toys and gifts for the students of Washington Shores Elementary. Our Holiday Reception is one of our signature events and always highly anticipated, so shout out to committee chairs Jacob Schumer, Adrian Camino, and Alexandra Mena for a job well done!

As you’re making those New Year’s resolutions this year, I hope you put YLS at the top of your list. We’ve got a lot in store over the next coming months and we’d love to see all of you there!

So, make a resolution to come out to these upcoming YLS events: January 15, 2022 - YLS Annual Charity Putt-Putt Tournament January 21, 2022 – January Luncheon February 18, 2022 – February Luncheon And also follow us on Facebook, Instagram, and Twitter for updates on what’s coming up in the new year. If you attend any of our events, either in person or virtually, don’t forget to tag us @ ocbayls and #WeDoMore and #WeRiseAbove!

Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, where she practices intellectual property law. She has been a member of the OCBA since 2015.

YLS Basket Brigade

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Voluntary BarNews SideBar

H

ticipated in a 21 Day Grit & Growth Mindset Challenge. The purpose of the challenge was to educate women lawyers about the science behind grit and growth mindset which are two important traits that many successful women lawyers have in common. Destiny Hibbler, Jennifer Smith On November 30, 2021, members Thomas, Donna Haynes, Jamie participated in a virtual roundtable Moses, Lauren Milcarek, Sara The Central Florida discussion to share their experience. Kallop, Heather Meglino, Mary Association for Women Walter The month of December was equalLawyers The Central Florida Association ly full of incredible events for our members and community. On Alena V. Baker, Esq. for Women Lawyers (CFAWL) December 3, 2021, CFAWL held its annual Holiday Luncheon had a jolly holiday season filled with lots of spirit! CFAWL members at the Citrus Club. Members were able to mix and mingle while enjoying holiday music, worked together on many events to continue to help serve a photo booth and shopour community both virtually and in-person during the ping to help support local busiest time of the year. vendors with a portion of On November 5, 2021, the proceeds benefiting CFAWL held its monthly the Angel Tree Program. luncheon featuring dynamWith the help of our genic speaker, Kerry Kathleen erous Angel Tree sponsors, Heaps, who gave a CLE CFAWL was able to make approved presentation on the holidays extra special “Shining Your Brightest for children at Rock Lake Through Professional & Elementary School by Effective Communicaputting on a special holitions.” A lucky attendee day party for them, where received a $500 gift card to Santa Claus delivered all Kerry’s online profession- Celia Thacker Dorn, Nicolette Kramer, Jackie Ebert, of their presents! al boutique. CFAWL also Heather Meglino, Keersten Heskin Martinez. Ava Later in December, collected coins for breast Doppelt, speaker- Kerry Kathleen Heaps CFAWL’s Table for Eight Heather Meglino, Sara Kallop, cancer awareness to assist with breast continued with a wonderful event hosted by Mayanne Downs.

Donna Haynes, Jennifer Smith cancer programs and research.

Thomas, Mary Walter, Lauren Members enjoyed a beautiful evening of gourmet food, wine, Milcarek, Jamie Moses, Destiny CFAWL had several unique events to and discussion lead by fabulous CFAWL past president, Mayanne Hibbler kick-off the holidays. On November Downs.

16, 2021, Larry Smith and Jennifer Smith Thomas hosted a Ta- As we all head into the new year, make sure to follow CFAWL on ble for Eight – The Gilded Age: Dinner in a Continental Collec- social media so you do not miss any of our incredible events. tor’s Apartment. Guests dined by candlelight on antique porcelain and sterling silver from Western Europe, including pieces from the The Greater Orlando Asian American Bar palaces of the last King of France while enjoying food and wine Association from Europe. Earlier in the day, members participated in Operation The Greater Orlando Asian American Bar Association celebrated Christmas Cards Overseas via Zoom to spread holiday cheer and Asian Fusion Night at Bao’s Castle on September 28, 2021. On thank our troops serving overseas.

October 19, 2021, GOAABA held a Membership Appreciation On November 18, 2021, CFAWL welcomed back members and Happy Hour at the Guesthouse. Then on October 21, 2021, judges in-person for its annual Judicial Reception held at the histor- GOAABA partnered with Bao’s Castle to donate food to the nursic Casa Feliz. This event was chaired by Fay Pappas, Traci Deen, and ing staff at Advent Health. A couple of days later, on October 25, their committee. Thanks to the generosity of sponsors, guests en- 2021, GOAABA held a Halloween Craft Night. joyed a beautiful evening of fine wine, good food, and great compaABOTA – Central Florida Chapter (CFLABOTA) ny celebrating Chief Judge of the 18th Circuit, Jessica Recksiedler, as well as celebrating our very own Chief Judge of the Ninth Cir- The Central Florida Chapter of the American Board of Trial Advocates (CFLABOTA) held an in-person membership business cuit, Lisa Munyon who is the first woman to carry said title. meeting on September 30, 2021 on the Terrace at the Country To help prepare members for the upcoming holiday season, Club of Orlando. In an abundance of COVID caution, ABOTA CFAWL and the OCBA Diversity & Inclusion Committee par- decided to reschedule their membership meeting with author, and theBriefs January 2022 Vol. 90 No. 1 PAGE 32 www.orangecountybar.org appy New Year! Hoping that 2022 brings nothing but great things to everyone. To help ring in the new year, here is a glimpse at what some of our Central Florida Voluntary Bar Associations have been busy doing.

ABOTA: Left to right – Richard Newsome, Bud Kirk, Tony Caggiano, Mike Damaso, Kurt Alexander, Retired Judge John Kest, Judge James Edwards,

Frank Pierce, Treasurer Jim Powers, Gary Vasquez, Jim Powers, Chris Hill, President Elect Raul Alvarez, John Bussey (in back), John McDonough (front), Phil King, Bill Ruffier, Bill Wilson, Chuck Ingram, Joe Amos, Retired Judge President Patti Doherty

retired United States District Court Judge Richard Gergel until 2022.

The Central Florida Chapter of ABOTA has launched its own website thanks to the hard work of member and Treasurer Jim Powers. The website can be found at https://cflabota.org. As a means to get know members more personally, two CFLABOTA Members, one plaintiff and one defense, will be spotlighted on the website every quarter.

In addition to resuming in-person membership meetings and programs, and initiating the new chapter website,

CFLABOTA continues to work developing its Children’s School Reading Program (past president, Armando Payas and volunteer members, Chip Coward, Michele Morales and David Paul), resuming its Civility Matters Program (Hon. James Edwards and Mike Damaso), and the Seventh Amendment Symposium for selected high school students (member, Tony Caggiano and Joe Amos).

CFLABOTA also held their Judicial Luncheon on Nov. 16, 2022 honoring our Jurist of the Year, the Honorable Lisa Munyon, as well as Trial Lawyer of the Year, Dan H. Honeywell.

Unfortunately, it is with great sadness that CFLABOTA announces the passing of two of their members: Leon Handley and James Nance. Both Mr. Handley and Mr. Nance were honored at the last CFLABOTA meeting. They will be greatly missed and will always be in our hearts and memory as exemplary role models.

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.

GOAABA

GOAABA Asian Fusion Night at Bao’s Castle

Cynthia Winter, Cathleen Winter facilitate GOAABA Asian Fusion Night donation

GOAABA Membership Happy Hour

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CLASSIFIED ADS EMPLOYMENT ASSISTANT STATE ATTORNEY FOR SEX CRIMES. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from experienced prosecutors with a strong interest in sex crimes prosecutions. Prior experience in sex crime prosecution is a plus, but not required. Applicants must also possess a strong interest in courtroom litigation, with excellent communication and critical thinking skills. Positions in this classification generally perform high-level, professional legal work and will assist in the prosecution of cases of routine complexity. Only active members of The Florida Bar in good standing should apply at this time. The salary range for Sex Crimes is $53-60k. If interested, please send a cover letter, résumé, and final law school transcript via e-mail to ASA-Recruiting@sao9.org.

ASSISTANT STATE ATTORNEY, CHILD ABUSE CASES. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from prosecutors with significant experience in child abuse cases (2 year minimum; 5 years or more a plus). Applicants must also possess a strong interest in courtroom litigation, with excellent communication and critical thinking skills.

Positions in this classification generally perform high-level, professional legal work and will assist in the prosecution of cases of routine complexity.

Only active members of the Florida Bar in good standing should apply at this time. The salary range for Child Abuse is $55-62K. If interested, please send a cover letter, resume, and final law school transcript via e-mail to ASA-Recruiting@ sao9.org.

PAGE 34

“AV-PREEMINENT” rated Winter Park law firm with statewide practice and extensive and established clients seeking an experienced Florida licensed attorney to handle significant real estate transaction matters. Experience in trust and estates, tax, and/or real estate litigation is a plus.

Competitive compensation with significant bonus potential and excellent benefits, including 401K. Email resume to francesg@fishbacklaw.com.

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and also to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes.com.

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load.

Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes.com.

EXPERIENCED COMMERCIAL LITIGATION ATTORNEY wanted for established Orlando firm with 13 Central Florida offices. Seeking experienced Florida licensed attorney – Construction law experience a plus – Excellent analytical and writing ability a must. 4-8 years experience preferred. Outstanding opportunity to join growing law

firm. Great team environment.

Competitive salary and benefits. Email resume to mary@ boginmunns.com.

EXPERIENCED LITIGATION ATTORNEY for plaintiff’s personal injury and first party insurance law firm located in Altamonte Springs. Growing dynamic law firm seeks attorney with minimum 2 years’ experience in the courtroom.

Will be responsible for handling a caseload assigned by the firm, as well as developing their own clients. Attorney will be responsible for client sign-ups, initiating litigation, taking depositions, attending hearings, preparing for and presenting at mediation and trying cases. This is a unique opportunity to advance and grow a practice within a practice. Candidate must be a self-starter, motivated, enthusiastic, and creative. We like out-of-the-box thinking when approaching our cases. Salary has unlimited potential because the position is a combination of base pay plus a percentage of fees recovered. The firm offers health insurance, disability insurance, dental, optical and life insurance. 401(k) and profit sharing is also included. Candidate should submit a resume, and cover letter to jbridges@brehnelaw.com.

FAST-PACED INSURANCE DEFENSE FIRM LOCATED IN MAITLAND, FL is searching for a Legal Assistant. The firm handles first-party property/ liability coverage issues. Insurance defense and strong litigation experience preferred.

Experience with calendaring, scheduling of depositions, and court reporters as needed. and follow up as it relates to discovery matters Experience with E-Filing software and procedures. Familiarity and compliance with judicial orders Please send resumes: jmccallister@rocklawpa.com.

www.orangecountybar.org

INSURANCE DEFENSE FIRM handling first-party property/ liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/Fax/ Mail resume to Office Manager jmccallister@rocklawpa.com, (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

OFFICE SPACE LARGE OFFICE SPACE AVAILABLE FOR RENT. Impressive, large office with great views, on the 18th floor of the City National Bank building, (390 N. Orange Ave.), across from the courthouse in downtown Orlando. Conference room and kitchen use included. As low as $900/mo. Contact Amy at Admin@LongwellLawyers. com, or call 407-426-5757.

OFFICE SPACE FOR RENT plus space for an assistant $800/month. Located at 710 Vassar Street, Orlando, FL 32804 robert@buonauro.com.

OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office suites. Parking included. Call or email: John at 407-425-2907; jkk@ keatlaw.com.

1 ROOM OFFICE; 1/2 BLOCK FROM PARK AVENUE; Reception, parking, copier, all services. (407) 599-4433.

I PLAN TO MOVE MY OFFICE TO THE WEST SIDE OF OCOEE, ON OR NEAR HWY 50. I would like to share office space with a sole practitioner or small firm. I focus on wills, trust, and probate (uncontested and contested), and real property transactions and closings. Contact Larry P. Studer at lpstuder@cfl.rr.com for more information.

theBriefs January 2022 Vol. 90 No. 1

Find the perfect business gift with 1-800 Flowers and NPP! Explore exclusive flowers & gourmet gifts while saving on your purchases.

OCBA members save on 1-800 Flowers with their membership. https://mynpp.com/association/ocba/

National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide.

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O C JANUARY B A -CFEBRUARY a l e 2022 ndar

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Civil Rights Law Committee Meeting 12:00 p.m. – 1:00 p.m.

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OCBA January Luncheon January 27, 2022

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Real Property Committee Virtual OCBA Center Meeting

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12:00 p.m. – 1:00 p.m.

YLS Putt Putt Charity Committee Meeting Event Virtual 12:00 p.m. – 1:00 p.m.

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Business Law Committee OCBA Center

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12:00 p.m. – 1:00 p.m.

Elder Law Seminar Committee Meeting Committee Meeting

Sponsored by Withum+ 8:00 a.m.– 9:00 a.m.

Avoid Destruction, Stop 12:00 p.m. – 1:00 p.m.

OCBA Center Dysfunction, File an

Virtual Virtual Injunction!

Immigration Committee Intellectual Property Appellate Committee 12:00 p.m. – 1:00 p.m.

Meeting Committee Meeting Meeting Virtual

12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

Virtual Virtual

Immigration

Lowndes Drosdick, Committee Meeting 215 N. Eola Dr.

Law Week Committee Appellate Committee Orlando, FL 32801

12:00 p.m. – 1:00 p.m.

Meeting Meeting Virtual 12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

Elder Law Committee OCBA Center/Virtual

Lowndes Drosdick, Meeting

Law Week Committee 215 N. Eola Dr. 12:00 p.m. – 1:00 p.m.

Meeting New! Trial Lawyer Orlando, FL 32801 Virtual 12:00 p.m. – 1:00 p.m.

Bootcamp OCBA Center/Virtual

Co-hosted with the American Elder Law Committee ADR Committee Meeting College of Trial Lawyers and 12:00 p.m. – 1:00 p.m.

Meeting Estate Guardianship & Federal Bar Association 12:00 p.m. – 1:00 p.m.

Virtual Trust Seminar Orlando Chapter

Corporate Fiduciaries Virtual YLS Luncheon

Sponsored by Halizcer

Sponsored by Estate, YLS Luncheon

11:30 a.m. – 1:00 p.m.

Pettis & Schwamm Trust, & Guardianship 11:30 a.m. – 1:00 p.m.

Citrus Club

8:00 a.m.

– 5:30 p.m.

Mediation Services

Citrus Club George C. Young Federal

LAS Lunchtime Training 12:00 p.m. – 1:00 p.m.

Annex Courthouse LAS Lunchtime Training

Support and Advocacy for Virtual

Be a Champion for

LAS Lunchtime Training Foster Youth Real Property Law Children – GAL 101 12:00 p.m. – 1:30 p.m.

The Good, The Bad, and The Seminar

12:00 p.m. – 1:30 p.m.

OCBA Center also

Ugly – Florida Tenant and

Basics of the Title Insurance OCBA Center also Prerecorded • LAS website Mobile Home Laws Commitment Prerecorded • LAS website

12:00 p.m.

– 1:30 p.m.

Health & Wellness

12:00 p.m. – 1:00 p.m.

Prerecorded • LAS website Health & Wellness Committee Meeting Virtual Committee Meeting

Personal Organization and

Lawyers Literary Society

LAS Lunchtime Training Personal Organization and Productivity Skills for

Committee Meeting

Legal Re-Set Button – Productivity Skills for

Cixin Liu: The Three-Body Lawyers Chapters 943.0585 and Lawyers 12:00 p.m. – 1:00 p.m.

Problem

943.059 12:00 p.m. – 1:00 p.m.

Virtual

12:00 p.m.

– 1:00 p.m.

12:00 p.m. – 1:30 p.m.

Virtual OCBA and Paul C. Virtual

Prerecorded • LAS website Perkins Bar Association OCBA Luncheon: A Criminal Law Lawyers Literary Society Joint Luncheon Conversation with the Committee Meeting Committee Meeting Speaker: TBA Florida Bar President 12:00 p.m. – 1:00 p.m.

Jules Verne: Around the

Sponsor: Florida Speaker: Mike Tanner, Esq., OCBA Center World in Eighty Days Lawyers Mutual President, The Florida Bar

12:00 p.m. – 1:00 p.m.

11:30 a.m. – 1:00 p.m.

Sponsor: Universal Virtual Embassy Suites Downtown Property Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr 11:30 a.m. – 1:00 p.m. Juna Pulayya • Lorna Truett • Andrew Orlando Criminal Law Windle Embassy Suites Downtown Committee Meeting Please note that live OCBA and Legal Aid seminars and events may be offered virtually, Hon. Tesha Ballou • Susan Staggs • Mark O’Mara Orlando 12:00 p.m. – 1:00 p.m. prerecorded, postponed, or cancelled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.

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www.orangecountybar.org

theBriefs January 2022 Vol. 90 No. 1

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