A Publication of the Orange County
Inside this Issue: President’s Message #OCBACares Richard S. Dellinger, Esq.
March 2019 Vol. 87 No. 3
Professionalism Committee Remarks Upon Receipt of the Orange County Bar Association 2019 William Trickel, Jr. Professionalism Award Nicholas A. Shannin, Esq.
Bar Association
Criminal Law Committee Just Jurors Deserve Just Compensation Taylor L. Chatting, Esq. Gabriela A. Bonilla, Esq. Construction Law Committee Taking a Closer Look at an Insured’s Coverage When Faced with a Chapter 558 Notice Natalie C. Bourff, Esq. Natalie M. Yello, Esq.
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SERIOUS INJURIES. PROVEN RESULTS. MEDICAL MALPRACTICE | WRONGFUL DEATH | PERSONAL INJURY Fort Lauderdale 954.523.9922 theBriefs March 2019 Vol. 87 No. 3
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President’s Message #OCBACares Richard S. Dellinger, Esq.
Legal Aid Society What We Do... The Violence Against Women Act in Action Ana Bernal Roberts, Esq. Donna A. Haynes
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Clerk’s Corner Self-Help Video Campaign Highlights My Journey to Justice Tiffany Moore Russell, Esq.
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Professionalism Committee Remarks Upon Receipt of the Orange County Bar Association 2019 William Trickel, Jr. Professionalism Award Nicholas A. Shannin, Esq.
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April 2019 Luncheon Free Speech, Free Press, Free Society OCBA's Law Week Program
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Chief’s Column Expanding Access to the Courts The Honorable Frederick J. Lauten
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Criminal Law Committee Just Jurors Deserve Just Compensation Taylor L. Chatting, Esq. Gabriela A. Bonilla, Esq.
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Member Perks Networking & Speaker Series
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Paralegal Post The Florida Bar FRP Program Update Patricia C. DeRamus, ACP, FRP Special Dougald B. Leitch, Esq., Receives Florida Bar President's Pro Bono Service Award
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Hearsay Linnea M. Eberhart, Esq.
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YLS on the Move Heather M. Meglino, Esq.
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SideBar Alena V. Baker, Esq.
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New Members
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Announcements Classifieds
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Legal Aid Society GAL News Pro Bono Means Flashing Lights, Fast Wheels, and Flashy Smiles Bethanie A. Barber, Esq. Donna A. Haynes
DEADLINE INFORMATION
Advertising – 10th of the month prior to the month of publication 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 ©2019 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968
YLS on the Move Heather M. Meglino, Esq. SideBar Alena V. Baker, Esq.
Amazing Race Judicata
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Hearsay Columnist Linnea M. Eberhart, Esq.
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©2019
Associate Editors Karen L. Middlekauff, Esq. & Robyn M. Kramer, Esq.
OCBA January Luncheon
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Editor Kate T. Hollis, Esq.
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Construction Law Committee Taking a Closer Look at an Insured's Coverage When Faced with a Chapter 558 Notice Natalie C. Bourff, Esq. Natalie M. Yello, Esq. Legal Aid Society What We Do... Four Children, Two Families J. Timothy Schulte, Esq.
the Briefs
w OFFICERS Richard S. Dellinger, Esq., President Anthony F. Sos, Esq., President-elect LaShawnda K. Jackson, Esq., Treasurer Eric C. Reed, Esq., Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II, Esq. Amber N. Davis, Esq. William A. Davis, Jr., Esq. Thomas B. Feiter, Esq. Kate T. Hollis, Esq. Eric B. Jontz, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Gary S. Salzman, Esq. Jessica A. Travis, Esq. William D. Umansky, Esq. M. Ryan Williams, Esq. Elizabeth F. McCausland, Esq., Ex-officio Jill D. Simon, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Advertising & Sponsorship Manager Joan Giovanni w Publication Services Peggy Storch
880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 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
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President’sMessage
March 2019 I Richard S. Dellinger, Esq.
#OCBACares
f you pick up The Briefs, read our weekly email newsletter, or attend OCBA functions, you see that OCBA members do more than legal work for our community. OCBA events are frequently focused around fundraisers, food drives, school supply drives, or benefits for charitable organizations, such as our own Legal Aid Society or the OCBA Foundation. OCBA members do more because we care about our community. We are involved in nearly every single charitable and community organization in Central Florida. OCBA members contribute time and money to a variety of worthy causes. It would be impossible to list them all, but here are a few examples: • The Heart of Florida United Way is Central Florida’s largest supporter of local health and human services agencies. OCBA members William B. Wilson and Eddie Francis serve on the board of the Heart of Florida United Way. Mr. Wilson is the current secretary. • The Coalition for the Homeless provides crucial housing, emergency services, and diversion to the homeless population in Central Florida, and OCBA members Miranda Fitzgerald, Todd Pittenger, Brian Wilson, Ty Roofner, Meagan Martin, and Chris Brockman serve on the Coalition board. Mr. Pittenger is the chair. • The Foundation for Foster Children provides support for children in foster care. Past OCBA president Woody Rodriguez and OCBA member Ahmad El-Gendi serve as board members for the organization. Mr. Rodriguez is the current chair. • The Boys and Girls Club of Central Florida provides hope and opportunity to atrisk children in Central Florida. OCBA members Jay Brennan, Michael Ryan, Jennifer Tobin, Chris Carlyle, and Jim Etscorn serve on the board of the Boys and Girls Club of Central Florida. Mr. Ryan is the current board chair. OCBA members also contribute time and money to, and serve on the boards of, our local major arts organizations. For example: • The Orlando Museum of Art inspires creativity, passion, and intellectual curiosity by connecting people with art and new ideas. OCBA members Patrick Christian-
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sen and Ben Subin serve on the Orlando Museum of Art board. • The Orlando Shakespeare Theater produces classic, contemporary, and children’s plays. OCBA members Suzanne Gilbert and Kim Ashby have long served on the Orlando Shakes board. • Orlando Repertory Theatre provides quality theatre for young audiences that enlightens, enriches, and entertains. OCBA member Jennifer Dixon has served on the board of the Orlando Rep Theatre for many years. • The Historical Society of Central Florida oversees the Orlando Regional History Center in downtown Orlando. OCBA member Thomas Cloud serves on the board. • The Orlando Philharmonic Orchestra is Central Florida’s resident professional orchestra. OCBA member Melody Lynch serves on the Philharmonic board and is its vice president and president-elect. In public service, many OCBA members serve as judges and in the House and Senate. Tiffany Moore Russell serves as the Clerk of Court. In City Hall, OCBA members Jared Brooks and Vivian Cocotas in the general counsel’s office. The Orange County Public Library System is a public service that adds to the quality of life in our community by creating a learning environment and experiences that foster personal growth and development. OCBA member Lisa Franchina, Esq., serves as the president of the board of trustees. And when there is an election, you will see past OCBA president Nick Shannin working with the supervisor of elections to make sure all votes are counted. There are very few public service sectors in which an OCBA member is not involved. In youth sports, OCBA members routinely serve as board leaders and team coaches. Without the support of OCBA members, it would be hard for any local baseball league, football team, soccer league, cheerleading group, or basketball league in Central Florida to thrive. If you come out to OCBA’s Law Day 5K or Great Oaks Village Fun Day, you know that OCBA members have varying degrees of athletic ability. Fortunately, athleticism is not a prerequisite to service; OCBA members recognize the value in giving back to their community sports organizations by serving in volunteer roles.
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Clerk’sCorner
B Tiffany Moore Russell, Esq. Orange County Clerk of Courts
Self-Help Video Campaign Highlights My Journey to Justice
y now I hope you are aware that my office continues to expand self-help pro se options to assist customers in need of legal assistance. With the help of the Orange County Bar Association, we have been able to provide these services at Self Help Centers located in the main courthouse and at the Clerk’s Office Apopka branch. To highlight the services we offer, my office recently launched a video series called My Journey to Justice. The series features the stories of individuals who have visited a Self Help Center and were gracious enough to share their experience. One customer, Jim, came to us for legal assistance in a child custody case. Another customer, Sandra, was able to get help with a divorce. Our newest video highlights Yuwel, who came to the downtown location for help with her residential eviction case. You can view the videos on our website at www.myorangeclerk.com.
I hope through this campaign that more people will see the affordable legal assistance in small claims, residential evictions, and family law cases my office provides the community with the help of the OCBA. There is also always a special need for attorneys who want to give back to our community for those who can’t afford legal assistance. Our Self Help Centers are always in need of more bi-lingual attorneys who speak English and Spanish or Creole, or who are American Sign Language certified. Keep in mind that attorneys can sign up to work as many or as few days per month as they prefer. Please contact Candice Maull at OCBA for more information on how you can help. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.
OCBA Ask-a-Lawyer January 23, 2019 Winter Park Library Co-sponsored by the Orange County Clerk of Courts Scott Willick, Esq. Desiree Sanchez, Esq. Tyrone Watson, Esq. Oneill Martinez, Esq.
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Craftsmanship.
Just as fitness pros use perfect form to let them do more without injury, Michelle Jernigan gracefully does the heavy lifting in mediation. If your client’s dispute is weighing on you, and you worry that protracted litigation may do more harm than good, contact Michelle for a resolution that’s as painless as possible. For more information about Upchurch Watson White & Max, visit UWW-ADR.com or call (800) 264-2622.
Orlando | Ormond | Ocala | Jacksonville | West Palm | Ft. Lauderdale | Miami | Birmingham
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ProfessionalismCommittee Remarks Upon Receipt of the Orange County Bar Association 2019 William Trickel, Jr. Professionalism Award and life partner, Carol Shannin, the inspiration for every good idea this lawyer has had! So it is that singular word – good – that I will seize upon and return to my opening haiku. I was told when selected that a Shannin Haiku was mandatory, and I did not want to disappoint. When I had the honor of serving as OCBA president, I opened each “President’s Message” with a haiku. This one is new, but the ideas expressed are not. Nicholas A. Shannin, Esq. Well-traveled is the road of professionalism – at least here, amongst my colleagues at the Orange County Bar – yet it is important that we hear these words again, repeated in different forms, all ringing true to who we are as servants of the law and each other. This is why I enjoy crafting haikus – it forces one to discard the extraneous, the ancillary, and to instead distill the subject to its core. Seventeen syllables, no less, no more – sparse canvas for a subject as dear as professionalism. Given those three lines to work with, allow me to take you frame by frame on this one. Paths fork ceaselessly. Line one sets up the conflict: Human vs. Decision. What, your English teacher didn’t teach you that one? Instead, your teacher probably taught you of Robert Frost, whose road less traveled this line evokes. But there’s a key difference. Frost talked of a single decision to be made, a choice of two roads, with the less traveled one making all the difference. Lightweight! We lawyers get confronted every case, every client, every hearing, every contract with choice after choice after choice. We lawyers, if we’re doFriday, March 8, 2019 3:00 p.m. - 5:00 p.m. ing our jobs right, are always at the fork in Orange County Courthouse Jury Assembly Room the road, every choice impacting our clients, 425 N. Orange Ave., Orlando, Florida 32801 our cases, and how our judges, literally and figuratively, perceive us. Please join us in honoring the recipients of this year’s professionalism awards Which way to turn? Always choose: A cliffRyan Williams, Esq. Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award hanger! The second line contains the evolved Nicholas A. Shannin, Esq. William Trickel, Jr. Professionalism Award conflict; we cannot stay in the middle, but must turn one way or the other. Deny your The Honorable Frederick J. Lauten James G. Glazebrook Memorial Bar Service Award opponent an extension? Send the withering Keynote: Justice Alan Lawson, Florida Supreme Court email? Ignore the new lawyer trying to figure out the ropes? Every word in this line moves Each of the recipients will be giving brief remarks, and a reception will follow. quickly to the choice – all one-syllable We invite all OCBA members and their guests to attend this special event at no charge. words, save one. Always. The word, stolen Attendance during the remarks provides 1.0 CLE, including 1.0 ethics, pending. from Severus Snape’s lexicon and delivered RSVPs are required by March 5, 2019 with his trademark seriousness, is a choice that cannot be made just the once. Or when Register at the OCBA Store convenient. Always. (Reminder: There will be no OCBA Luncheon in March.) Paths fork ceaselessly Which way to turn? Always choose: Relentlessly Good t is an overwhelming honor to receive the 2019 William Trickel, Jr. Professionalism Award. To those kind souls who nominated me, to the dedicated members of the Professionalism Committee and the Executive Council, and to my fellow members of the Orange County Bar Association, I can no other answer make but thanks, and thanks, and ever thanks. I have been blessed to have so many role models of professionalism in my life, from my original boss, John McDonough, who taught that a witness, a jury, and a judge alike all react much better to a smile than a snarl; to my Rice friend Bill Davis, my Nole friend Woody Rodriguez, and my Bruin friend Jamie Moses, each of whom practice what I now preach, that service to the Bar and our community is our never-ending quest; to my Knight friend, Bill Cowles, whose life duty is to make every person feel like they – and their votes – count, regardless of position or party; and, of course, to my truest of all Gator friends, my legal partner
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OCBA LuncheonThursday, April 25, 2019
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Free Speech, Free Press, Free Society OCBA's Law Week Program
he 2019 Law Day theme – Free Speech, Free Press, Free Society – focuses on these cornerstones of a representative government and calls on us to understand and protect these rights to ensure, as the U.S. Constitution proposes, “the blessings of liberty for ourselves and our prosperity.” In the United States and around the world, freedom of speech and the press are among the most important foundations for a free society. Free speech and free press are prominent topics in public discourse and litigation. It is impossible to imagine a free society without these individual liberties, yet historical and current debates surrounding them continually challenge us to consider their boundaries and resilience. Changes in technology have reshaped how free speech and free press work in the everyday world. Please join us as we acknowledge the work of outstanding students, parents, and community leaders during our annual Law Week Luncheon, hosted by the OCBA’s Law Week Committee. Law Week at the OCBA spans several months and includes Big Bad Wolf Mock Trials, Pathways in Law, A Day in the Life of a Judge, High School Mock Trials, a Poster and Speech Contest, the presentation of the Liberty Bell Award to a community leader, the Liberty Shield Award to a first responder, and the Liberty Apple Award to a teacher, and a Naturalization Ceremony.
Embassy Suites by Hilton Downtown Orlando Thursday, April 25, 2019 11:30 a.m. – 1:00 p.m. Supporting Sponsors:
191 E. Pine St., Orlando, FL 32801 Hosted by the OCBA Law Week Committee Please RSVP by Monday, April 22, 2019 RSVPs will not be accepted after April 22, 2019 RSVP through the OCBA Store at orangecountybar.org/store CANCELLATIONS must be received no later than April 22, 2019 To cancel, contact Ashley Norris at ashleyn@ocbanet.org
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Chief’sColumn
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Expanding Access to the Courts
he vision statement of the Florida Supreme the courts in a democratic society, and the imporCourt is that justice in Florida will be acces- tance of fundamental rights. These meetings both sible, fair, effective, responsive, and account- inform the youngest members of our society and able. “[T]o be accessible, the Florida justice sys- help demystify the court system. tem will be convenient, understandable, timely For years, judges in the Ninth Circuit have dediand affordable to everyone.” cated time over their lunch hour to engage with For the past five years, the Ninth Circuit has attorneys about the technical aspects of practicing worked diligently to make our system under- law. These “brown bagging” lunches were started by standable to the public at large. We believe we Judge John Kest and are being continued by judges have made significant progress toward that goal. Bob Egan, Bob LeBlanc, and Tanya Wilson. Almost The Honorable Frederick J. Lauten Permit me to outline some of the programs and every judge in the circuit has volunteered time to be Chief Judge processes we have adopted to make the court ac- a guest presenter at the brown bag lunches. cessible and understandable. Ninth Judicial Circuit Court Our newest initiative at the Ninth Circuit is Years ago, then County Court Judge Michael courtED, an educational program for students Miller approached Chief Judge Belvin Perry with in grades K-12. Grade-specific content was dea proposal to offer a four-week long evening pro- veloped for teachers to use in their lesson plans, gram describing how the court operates entitled and judges or staff often go to the classroom as Inside the Courts. This free four-night program guest speakers. For our adult learners, 9th Now is offered once a year and presents a variety of streams video content on a variety of topics. Some topics. Audience members are encouraged to ask of the videos include a tour of the courthouse, questions – not only to help clarify for the person how to obtain an injunction, how to file a small asking, but also to help everyone gain a deeper claims case, and other topics. Inside the Courts will understanding of the law. This year, Justice Alan be filmed and stored for broadcast on 9th Now, Lawson joined Inside the Courts. He presented on as will other court educational events. We plan the appeals process, while our judges from the to record investiture and retirement ceremonies Ninth Circuit discussed bail bonds, landlord/ten- that can be viewed remotely. The potential for ant law, family law, risk protection orders, and the this platform is limitless and we are committed election vs. appointment process for judges. Inside to streaming professional, informative content to the Courts has won numerous awards, and Judge explain the court and its processes to all citizens. Miller was recognized by the Florida Supreme Ninth Circuit judges participate in school teachCourt for his innovative idea as well as moderat- ins and volunteer their time to talk to service oring the program for more than 15 years. ganizations like Kiwanis clubs and other groups. The Ninth Circuit was the first court in the na- Our judges participate in Orange County and tion to podcast. Entitled Open Ninth, the podcast Florida Bar educational seminars. As a group, we launched in 2016, and I’ve interviewed more than are dedicated to the mission of the Florida Su70 guests since then. A new episode is available every preme Court to help make the court system unother week, and each episode highlights a conver- derstandable. As chief judge for more than four sation that helps listeners not only develop a more years, I have made community outreach and edunuanced understanding of the law and the court’s cation a major platform for the Ninth Circuit. I impact on the community, but also the community’s could not do this without the participation and impact on the courts. As the host of Open Ninth, dedication of an amazing group of colleagues who having the opportunity to share the stories and voic- dedicate their time and energy to foster a better es from the members of the Ninth Circuit has been understanding of our court system. I am grateful one of the most enjoyable and impactful ways for to them. I hope our outreach has benefitted both the lawyers and lay members of our community. me to help foster learning in our community. Our court hosts numerous school tours for el- If you have not already listened to one of our podementary school, middle school, high school, and casts or visited 9th Now, I invite you to do so and college students. My colleagues have tirelessly de- give us your feedback. voted time to meet with, converse with, and edu- The Honorable Frederick Lauten is the Chief Judge cate students about the court system. We espe- of the Ninth Judicial Circuit Court. He has been a memcially enjoy meeting with young students to talk ber of the OCBA since 1993. about the third branch of government, the role of theBriefs March 2019 Vol. 87 No. 3 www.orangecountybar.org PAGE 9
Criminal LawCommittee
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Taylor L. Chatting, Esq.
Gabriela A. Bonilla, Esq.
Just Jurors Deserve Just Compensation
ury service is an indispensable patriotic duty of the citizenry. The American right to a trial-byjury is one of the pillars of our democratic society. Jury duty provides an opportunity for citizens to preserve and participate in the American experience of self-government. The preservation of the American right to a trial-by-jury depends equally on jurors’ willingness to serve and the quality of such service. Nonetheless, jurors are underpaid for their civic duties, raising concerns as to a juror’s ability to reach fair and just verdicts despite the realities of their economic situations. The real question remains: Why hasn’t the Florida Legislature raised the juror compensation rate since 1995?1
addition to Senator Javier-Rodriguez’s proposed bill, legal defense counsel have also attempted to increase jury compensation. Claiming violations of the Sixth and the Fourteenth Amendments regarding Due Process and Equal Protection, legal defense counsel have sought orders from the court to increase jury compensation to minimum wage or to provide for alternative benefits, such as childcare expenses.9 However, the courts have found that low juror pay does not violate the Sixth or Fourteenth Amendments.10 Rather, Florida courts consistently hold that their hands are tied because a juror’s right to compensation is a statutory matter, not a judicial one.11
Jury duty is compulsory in nature similar to paying taxes. Citizens cannot refuse to participate when summoned, thus jurors sacrifice their wages during the time they serve to contribute to the justice system. In response, the Legislature established a statutory compensation policy to prevent the imposition of financial hardship upon any juror in performance of their duty.2 Despite the Legislature’s intent, jurors continue to receive a mere $15 per day for the first three days of service and, thereafter, $30 per day for each day of service.3 For nearly three decades now, the courts have expressed their sympathy for the plight of jurors that forego usual compensation and, instead, receive far less than the federal minimum wage.4
In a recent Ninth Circuit case, an order was entered denying compensation for jurors at current or minimum wage, citing case law from various jurisdictions, which concurrently held that low juror pay does not violate the Sixth and Fourteenth Amendments, nor does it violate equal protection or due process.12 The jurisprudence on this issue tells us that jury duty is not a form of employment but a responsibility owed by a citizen to the State when summoned.13 Still, some members of the legal community continue to file motions to raise juror compensation. The reasoning for this is simple: raising the wages given to jurors fosters greater community representation in the petit jury panel and active involvement in democracy. The Florida district court in Leonard v. State,14 which cites the United States Supreme Court in Duren v. Missouri,15 affirmed that a defendant is entitled a venire that is a cross-section of the community in which the defendant lives. Although such entitlement does not extend to the petit jury,16 there can really be no hope of a representative jury if many members of the community are discouraged from being selected on the basis of financial hardship. Financial hardship is frequently cited by potential jurors as a reason why they should not be selected for jury duty by both legal practitioners and venire members. Entrepreneurs, small-business owners, and medical professionals with their own practices cannot afford to close down their shops for days at a time for less than minimum wage. As such, it is logical to believe that people in these professions – as well as others – would avoid jury duty like the plague. The often-heard cause challenge argument by counsel is that a juror simply cannot devote complete, undivided attention to the facts and evidence being presented whether it be because of their wages being sacrificed or they cannot afford childcare. theBriefs March 2019 Vol. 87 No. 3
There is limited opportunity for reform, because according to the Florida State Constitution, the Legislature is prohibited from enacting special or local laws that regulate compensation of juries, leaving the regular legislative session as the only option.5 Yet the Legislature has done little to increase compensation, and recent amendments have either been trivial – such as allowing jurors to donate their compensation checks to charity6 – or have even minimized the opportunity for increase by dramatically decreasing the available funds. For example, a 2008 amendment to the statute made the clerk of the court the financier responsible for jury compensation rather than the State.7 In response to the de minimis benefit, many in the legal community have lobbied to raise juror compensation to the statutory minimum wage. The most recent push for change came from Democratic Senator Jose Javier-Rodriguez from Miami, who introduced a bill that would increase the basic daily rate to $64.80 per day for ten days of service with an additional increase to $97.20 for the eleventh day and each day thereafter.8 In PAGE 10
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Federal law does not require private employers to pay employees for time spent not working, which includes time spent for jury duty, under The Fair Labor Standard Act. However, eight states – Alabama, Colorado, Connecticut, Louisiana, Massachusetts, Nebraska, New York, and Tennessee – require employers to pay employees’ salaries when summoned for jury duty. Florida is notably missing from the list. Whether through patriotic duty or simply good business acumen, some Florida-based companies have picked up the slack, and companies such as Disney, Florida Power & Light, and Publix offer their employees paid juror leave. The lack of leadership has left the citizens of Florida to receive $1.87 an hour for three days of service and $3.75 an hour after the fourth day of service. Only through eliminating the burden of financial hardship on potential jurors can the justice system thrive on its maxim of equal justice under the law. The Orange County Bar Association’s president, Richard Dellinger, Esq., addressed the “justice gap” concern last year in relation to the community’s access to justice and access to our courts.17 After all, equal access means justice for all. The Florida Courts published its Florida State Courts Annual Report in which the judiciary identifies and develops strategic plans to reduce obstacles such as economic barriers, cultural bias, language or communication obstructions, and physical or electronic impediments that hinder meaningful and informed access to the justice system. Out of a $521.7 million budget that was allocated by the Legislature to the judicial branch, $20.4 million was provided for worthy project funding during the fiscal year of 2016, such as court selfhelp technology centers and Do-It-Yourself Florida for self-represented litigants. The following fiscal year, the Legislature budgeted $513.8 million to the judicial branch without reducing the pool of funds available for project initiatives.18 Despite the available $20-million fund for worthy projects, lawmakers and other agents of authority have not been compelled to implement measures to adequately compensate jurors.
If this representative panel comprised of people from different walks of life can settle on the guilt of the defendant, then he is guilty. Conversely, a jury may find the defendant not guilty. Without a representative cross-section, however, the disenfranchised members of our community continue to be marginalized from the American values and way of self-government. Establishing the Florida Commission on Access to Civil Justice in 2004, former Chief Justice Jorge Labarga set out to address issues affecting or impeding access to civil justice for disadvantaged and low-income Floridians, including but not limited to providing a forum for discussion among the judicial branch, legislative branch, and executive branch.21 The Administrative Order establishing the Commission specifically sought to examine how available resources might be maximized and to identify how additional resources might be procured in order to provide stable funding in support of services that enhance access to civil justice for disadvantaged and low-income citizens. The issue of underpaid jurors is squarely in line with the fundamental principle of access to justice and commitment to fairness and impartiality. Perhaps an additional initiative should be implemented to fund the clerks of the court, who are the financiers responsible for juror compensation. Many of the cases for which we ask jurors to donate their time, and often living wages, are complex and challenging, ranging from sexual battery on a minor to medical-malpractice lawsuits. The efficacy of our democracy, our court system, and our Constitution rests on the dutiful jurors who are summoned statewide. As former Florida Supreme Court Justice Labarga stated: “If courts are to carry out their essential roles they must have the trust and confidence of the people they serve. . . . But [the courts] would labor in vain if [they] did not have a rock-solid foundation of public trust. As people learn more about their courts, this foundation is strengthened.” Each time we dismiss a venire member for cause challenges grounded in socioeconomic status – whether their employer does not pay for jury duty, or an entrepreneur cannot afford to close down business, or a parent cannot afford childcare – the pillars of our justice system weaken, perpetuating public distrust. It has become our moral imperative to bridge the “justice gap,” as coined by OCBA president Richard Dellinger. It is difficult to believe that, when faced with missing work and receiving far less than the minimum wage, jurors’ minds do not retreat to their wallets even when faced with issues on life, liberty, and property in the courtroom and deliberating room. While jurors surely do their best to try cases fairly, the justice system should also do all it can to eliminate any source of hardship for jurors. While some sources of hardship are impossible to remove, raising juror wages to the statutory minimum wage appears to be a straightforward solution to one of the main concerns. In doing so, we continue to preserve this most fundamental of civic duties and ensure the protection of citizens’ rights to a fair trial.
So why exert all this effort for a representative cross-section? Thomas Jefferson wrote that he considered trial by jury “the only Taylor L. Chatting, Esq., is an assistant public defender with the Ninth anchor, ever yet imagined by man, by which a government can be Judicial Circuit Public Defender’s Office. She has been a member of the held to the principles of it’s [sic] constitution.”20 The American OCBA since 2018. justice system, similar to its electoral system, is intended to be Gabriela A. Bonilla, Esq., is an assistant state attorney with the Fifth Jurepresentative. As one of the pillars of our democracy, the Sixth dicial Circuit and also an associate attorney with Carmona Law, P.A., repreAmendment to the U.S. Constitution guarantees the accused a senting clients in civil matters. She has been a member of the OCBA since speedy, public trial by an impartial jury and the and the Seventh 2017. Amendment preserves the right to a jury trial for parties in civil 1As effective July 1, 1995, ch. 95-147, 1995 Fla. Laws (amending Fla. Stat. § 40.24 trials. The Founders of our Constitution believed that a trial by a (b)(4) (1995)). jury of one’s peers was a better gauge of guilt than trial by the ivory 2§ 40.24(1), Fla. Stat. (2017). tower. Defendants deserve to be judged by those with similar life 3See Id. at § 40.24(b)(4). experiences as well as by those with differing experiences. In that 4Patierno v. Florida, 391 So.2d 391, 392 (Fla. 2d DCA 1980). way, the venire and the petit juries are supposed to mirror society 5Art. III, § 11(a)(5), Fla. Const. 6 continued page 36 at-large, with checks on aristocracy and elitism. § 40.24(8), Fla. Stat. (2017). theBriefs March 2019 Vol. 87 No. 3 www.orangecountybar.org PAGE 11
Construction LawCommittee
I Natalie C. Bourff, Esq.
Natalie M. Yello, Esq.
Taking a Closer Look at an Insured’s Coverage When Faced with a Chapter 558 Notice
n December 2017, the Florida Supreme Court tackled the complicated coverage issues that arise in pre-suit construction defect claims. In the past, many practitioners understood the insurer’s duty to defend only arises after litigation commences. In Altman Contractor’s, Inc v. Crum & Forster Specialty Insurance Company, after analyzing the specific language in the contractor’s policy, the court extended the insurer’s duty to defend to pre-suit Chapter 558 claims, which is explained in more detail below.1 Although the Altman decision was based entirely on the specific language in the plaintiff's policy, construction attorneys should still take a second look at the provisions in their clients’ insurance policies to determine whether the insurer’s duty to defend is triggered upon receipt of a Chapter 558 Notice of Claim. The Florida Construction Defect Statute: A Brief Background The Florida Construction Defect Statute, Chapter 558, Florida Statutes, provides for a mandatory pre-suit procedure for resolving construction defect claims before initiation of a lawsuit.2 The statutory procedure requires an owner to notify the contractor, subcontractor, supplier, or design professional of any construction defects and provide an opportunity to cure at least 60 days before filing any action, or at least 120 days before filing an action involving an association representing more than 20 parcels.3 The contractor, subcontractor, supplier, or design professional must respond in writing within 45 days of service of the notice of claim, or within 75 days after service of the notice of claim involving an association representing more than 20 parcels, and either deny each claim, offer money to compensate for the defect, or offer to repair the work.4 The procedure provides a mechanism to resolve construction defect claims before instituting litigation. However, practitioners are often tasked with unraveling the complex insurance coverage issues presented by a Chapter 558 Notice of Claim. In Altman, the Florida Supreme Court found that a Chapter 558 Notice of Claim was a “suit” under a policy provision, defining “suit” as “[a]ny other alternative dispute resolution proceeding.”5 Background of Altman Altman Contractors, Inc. (“Altman”) served as general contractor for Sapphire Condominium (“Sapphire”), a high-rise condominium located in Broward County, Florida.6 Altman was insured by Crum & Forster Specialty Insurance
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Company (“C&F”) through seven consecutive one-year general liability policies.7 Between April 2012 and November 2012, Altman received multiple Chapter 558 Notices of Claim for more than 800 construction defects at Sapphire.8 Altman promptly sent the Notices of Claim to C&F demanding a defense.9 Altman’s general liability policy provided: We will have the right and duty to defend the insured against any “suit” seeking those damages. The policy defines “suit” as: “Suit” means a civil proceeding in which damages because of “bodily injury,” “property damage” or “personal and advertising injury” to which this insurance applies are alleged. “Suit” includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.10 C&F declined to defend Altman as it claimed no “suit” had been filed and therefore the duty to defend had not been triggered.11 Altman hired counsel to defend the claims and ultimately settled with Sapphire without C&F’s involvement.12 However, Altman brought a declaratory action in the District Court for the Southern District of Florida against C&F, seeking a declaration that C&F owed Altman a duty to defend and indemnify against the Chapter 558 claims.13 District Court and Eleventh Circuit Findings The Southern District of Florida determined nothing in the Chapter 558 process satisfied the “civil proceeding” requirement set forth in Altman’s policy and determined the Chapter 558 Notice of Claim was not a “suit” as defined by the policy.14 Altman appealed, and the Eleventh Circuit Court of Appeals certified the following question of law to the Florida Supreme Court: Is the notice and repair process set forth in chapter 558, Florida Statutes, a “suit” within the meaning of the commercial general liability policy issued by [insurer] to Altman?15
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The Florida Supreme Court The Florida Supreme Court answered the certified question in the affirmative, reasoning the Chapter 558 pre-suit procedure is a form of an “alternative dispute resolution proceeding,” and therefore, does constitute a “suit” as defined by the policy.16 Because Altman’s policy defined “suit” as a “civil proceeding,” the Florida Supreme Court reasoned that the Chapter 558 procedure must qualify as a “civil proceeding” to trigger coverage under the policy.17 The Court looked to precedent and Black’s Law Dictionary for guidance on the definition of a “civil proceeding.”18 A “civil proceeding,” as defined by Black’s Law Dictionary, is “[a] judicial hearing, session, or lawsuit in which the purpose is to decide or delineate private rights and remedies... .”19 The court then found that the Chapter 558 process could not be considered a “civil proceeding” because the process is not mandatory or adjudicative.20 Instead, the recipient of a Chapter 558 Notice of Claim could choose not to respond, thereby forcing the claimant to file a lawsuit.21 The Chapter 558 process does not take place in front of any adjudicatory body or produce legally binding results and therefore is more akin to a voluntary dispute resolution mechanism.22 For these reasons, the court determined the Chapter 558 process is not a “civil proceeding” within the policy definition of “suit.”23 However, Altman’s policy broadened the definition of “suit” to include “any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.”24 To determine whether the Chapter 558 process fits within this definition, the Florida Supreme Court looked to the plain meaning of “alternative dispute resolution” and Chapter 558’s legislative history.25 The Legislature explicitly described Chapter 558 as “an effective alternative dispute resolution mechanism”.26 Accordingly, the Florida Supreme Court concluded that the Chapter 558 process is an “alternative dispute resolution proceeding” within the plain meeting of the policy term.27 It is under this definition that the Florida Supreme Court held that the Chapter 558 process constitutes a “suit” within the meaning of Altman’s general liability policy – even though it does not constitute a “civil proceeding.”28 Practical Considerations While the language of some policies may implicate a broadened duty to defend when the insured is put on notice of a Chapter 558 claim, the insurer still must consent to the insured’s participation in the Chapter 558 process. The Florida Supreme Court in Altman did not address whether C&F consented to Altman’s participation in the Chapter 558 process that would give rise to C&F’s duty to defend, and may leave practitioners with more questions than the case itself answered. Individual circumstances regarding consent may give rise to issues of fact which parties may end up back in court trying to resolve. In addition to complying with the strict statutory requirements provided by the Florida Construction Defect Statute, construction attorneys should also advise clients to timely obtain the insurer’s consent to participate in the Chapter 558 process – the failure to do so may forfeit the insured’s defense. Practitioners should be advised that Altman was largely decided based on the interpretation of the specific language in Altman’s policy – different policy language may not qualify as a “suit,” thus never implicating an insurer’s duty to defend. In the future, the ruling in Altman may result in insurers increasing their insurance premiums. Insurers may also change standard policy language to limit coverage with the intent to specifically reduce its duty to defend Chapter 558 claims. Altman’s policy defined a “suit” to include any “other alternative dispute resolution proceeding.” This definition of “suit” heavily influenced the court’s ultimate detheBriefs March 2019 Vol. 87 No. 3
termination. Accordingly, in the future, insurers may narrow this type of language or possibly eliminate it altogether. Conclusion Altman presents important issues that practitioners must consider when reviewing and advising clients on their insurance policies and coverage. While Altman is limited to its facts and the language in the specific policy at issue, practitioners should still be cognizant of the ramifications of the decision and the effect it has on developing a strategy for responding to and defending Chapter 558 claims. Natalie C. Bourff, Esq., is an associate in the litigation group at GrayRobinson. Ms. Bourff focuses her practice on construction litigation and has experience with construction defect lawsuits, insurance claim matters, and complex professional negligence litigation. She has been a member of the OCBA since 2017. Natalie M. Yello, Esq., is an associate in the litigation group at GrayRobinson. Ms. Yello works within the construction litigation group and defends various design professionals, including architects and engineers, as well as owners and contractors. Ms. Yello also works with the employment group at GrayRobinson and defends both private and public employers in various employment disputes. She has been a member of the OCBA since 2017. 1 Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. 232 So.3d 273, 275 (Fla. 2017). 2 Fla. Stat. Chapter 558. 3 Id. at § 558.004(1)(a). 4 Id. at §558.04(5). 5 Altman, 232 So.3d at 275. 6 Id. 7 Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 Id. 13 Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 124 F. Supp. 3d 1272 (S.D. Fla. 2015). 14 Id. 15 Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 832 F. 3d 1318 (11th Cir. 2016). 16 Altman, 232 So.3d at 274. 17 Id. at 277. 18 Id. at 278. 19 Id. 20 Id. 21 Id. 22 Id. 23 Id. 24 Id. 25 Id. 26 Id. 27 Id. 28 Id. at 279.
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Legal Aid SocietyWhat We Do...
P J. Timothy Schulte, Esq. With introduction by Donna A. Haynes
Four Children, Two Families
ro bono attorneys deliver important legal services to our low-income neighbors. At the Legal Aid Society of the Orange County Bar Association’s 2018 Breakfast of Champions, J. Timothy Schulte, Esq., the president of Zimmerman, Kiser & Sutcliffe, P.A., addressed an audience of more than 526 business and legal community donors. Tim shared his experience about collaborating with the Legal Aid Society and the story of four children and two families. I believe you will find his account compelling. Good morning. My name is Tim Schulte, and I have been a lawyer at one of the finest firms in Central Florida for more than 30 years. I took my first Guardian ad Litem case as soon as I became a lawyer. I was appointed as the GAL for two girls, ages seven and five. They would be 37 and 35 years old now. I wish I knew how those little girls were doing today. I wonder whether they have their own little girls and whether they broke the cycle of bad choices in their family. My GAL cases are not easy, but they are manageable. My cases usually have a happy ending. Happy endings are an adoption, a great relative placement or, my favorite, when the biological mom and dad mature, come to their senses, get the help they need, and become fine parents. I have been asked to speak to you about one of my recent happy stories. The happy part of this story is the Sanchez children and Mr. and Mrs. Sanchez becoming a wonderful, adoptive family. I wish you could see how my soul lights up when I think about that family. I will tell you more about them later. But an adoptive family is not the whole story. As gratifying as it is to think about the Sanchez family, I cannot forget the biological parents and the family that was left behind. This story starts with a man and a woman in love. I am going to call them Jack and Diane, because they grew up in the heartland. Jack and Diane fell in love at a young age and moved to Florida. They started their family nine years ago with the birth of Joshua. Joshua is, in many ways, your typical first-born son – a responsible young man who would naturally and lovingly take care of his brothers and sister. The little family had hopes and dreams not unlike yours or mine. The fam-
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ily grew. Jeremiah was born one year after Joshua. Jeremiah is the happy-go-lucky middle child. Jeremiah was a smart young man, but with some speech challenges. Joshua and Jeremiah are Irish twins. They love and protect each other. Then came Mya. Momma and daddy finally had a baby girl to round out their little nuclear family. Does this family sound familiar to you – a mom and dad trying to make their dream come true? But Diane had issues. Diane had mental and physical disabilities, including severe depression. She also had a substance abuse problem. Diane’s issues prevented her from holding a steady job. Not having enough money was a constant struggle for the family. Baby Mya had chronic respiratory health issues that Diane failed to treat. Jack did his best to hold the family together for many years. Jack had a steady job at an auto parts store. The store recognized his potential for advancement. Jack also tried to make “fun” for the family. One of the ways Jack did that was by having great pets around for the kids. A fourth child was born – Eric. The dollars from Jack’s job did not go far with six mouths to feed, health issues, and Diane’s substance abuse. Diane’s spiral down continued. She was arrested more than once for physically abusing Jack. The Department of Children and Families intervened. The children needed help and were removed from the home. “Failure to thrive” is the phrase used to describe the condition of the children. It is easy to condemn Diane for her choices, but I ask you to hold judgment. If the kids were a little unruly, or if their manners were lacking, you would not be surprised. However, I was struck with how well-behaved Joshua and Jeremiah were when I met them soon after they were removed. Their manners were very good, and their social interaction with me, a stranger, was also very good. Much credit goes to their foster mom and dad, but I could see that Jack and Diane had raised good kids. A case plan was put in place by the court. Diane started the case plan, trying to do what she needed to do to get her kids back. One of the saddest parts of a GAL case to me is visitation. I cannot imagine only being allowed to see my children once a week, and then only
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for an hour or two in a supervised setting. You might as well cut my heart out. I am sure a broken heart contributed to Diane’s continued downward descent. Diane started to miss her visits. She failed her drug tests, or did not show up for the drug tests. Jack did better on his case plan, but he was married to and still living with Diane. The children could not go home to a home that included Diane. Jack had a choice to make – leave the home he shared with his wife, Diane, or lose his children. His dream of a family was coming to an end. In the end, Jack could not leave Diane. When a paternity test established that the fourth child was not Jack’s biological son, I thought that would compel Jack to separate from Diane. Instead, Jack joined her on the path to destruction. Jack started drinking too much. His substance abuse made the financial situation worse. Jack’s transportation became unreliable. He did not have the funds to get the family car fixed. The children’s hearts were broken each time their daddy cancelled a visitation because the car was broken, or maybe Jack was too drunk to drive. After one of the missed visitations, Joshua spoke for his brothers and sister – “Dad loves drinking more than us.” That was the last time we allowed the children to be hurt by a missed visitation. Eventually, Jack lost his job. Jack blew up in a fit of rage at work and had to be let go. His boss thinks he was under the influence. Ultimately, it was Jack’s choice to live a dysfunctional life with Diane, and his parental rights were terminated. Out of this heartbreak and tragedy, the kids were saved, and a great family was made. Natividad and Waldo Sanchez dreamed of a family to call their own. They had no children. Natividad and Waldo became foster parents to the boys, while Mya went into a separate home to receive medical foster care. Natividad worked to keep the family together, arranging sibling visitation. Joshua and Jeremiah’s only request to me, their GAL attorney, was to see their sister. The kids thrived in a family based on a foundation of love and self-sacrifice. The children caught up and excelled in school. The child with speech problems is now multi-lingual. All the kids effortlessly speak English and Spanish. The boys are straight A students. Eventually, Natividad and Waldo were able to adopt all four children. Now they are “mom” and “dad.” The Sanchez family has a dream and a hope for a future. My heart overflows with joy for the kids and Natividad and Waldo. Yet, I cannot help but grieve a little for Jack and Diane. They started with the same dreams we all have for our families. Unfortunately, they chose substance abuse over love and family. Thanks to your support, the children are thriving and succeeding. Please join us in continuing to save children and make families. Thank you. Year after year, Tim Schulte assists the Legal Aid Society. Quietly, and with dignity, he steps into the courtroom and the lives of our littlest clients. His heart is always touched, and often he thinks back about children he assisted. Like so many of our pro bono attorneys, he wonders whether he made a difference. Know this – you all have made a difference in every life that you touched by handling pro bono cases. For more information about the Legal Aid Society of the Orange County Bar Association, Inc. Guardian ad Litem Program, please contact Bethanie A. Barber, Esq., Guardian ad Litem Program director, at 407-841-8310, or bbarber@legalaidocba.org. theBriefs March 2019 Vol. 87 No. 3
Bring your lunch and pick up great practice pointers!
MAR 11: Jury Selection APR 18: Frye Standard Paternity & Child MAY 13: Support Issues
12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjacb1@ocnjcc.org See Announcements on page 41 for speakers. Seating is limited. RSVPs are requested.
For information about how to make a donation to the Legal Aid Society, please contact Donna Haynes, development director, at 407-515-1850, or boc@legalaidocba.org. Donations may be made at www.legalaidocba.org under “For the Public.” J. Timothy Schulte, Esq., shareholder and president at Schulte, Zimmerman, Kiser & Sutcliffe, P.A., leads the commercial litigation practice group. His practice is dedicated to representing business entities in complex litigation matters and other disputes in the areas of commercial litigation, construction litigation, lender representation, and eminent domain. He has been a member of the OCBA since 1998. Donna A. Haynes, is the development director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.
www.orangecountybar.org
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Legal Aid SocietyGAL News
A Bethanie A. Barber, Esq.
Donna A. Haynes
Pro Bono Means Flashing Lights, Fast Wheels, and Flashy Smiles
t age four, pocket-sized Brynn could not recite most letters of the alphabet, but he was quick to tell his Guardian ad Litem (“GAL”) that flashing red and blue lights mean “OPD and you never talk to OPD.” Though Brynn was young, he knew fear and mistrust better than an undercover informant. Byrnn and his weeks-old baby brother previously had been removed from their parents’ home during a late-evening drug and artillery raid. On December 14, 2018, Brynn saw those all-toofamiliar flashing red and blue lights. He saw the shining badges and towering, authoritative adults. This day was different, though. On this day, Brynn strapped himself to a “steel beast” and barreled at top speed toward a half dozen uniformed officers. In Brynn’s mind, the power had shifted since his first encounters with the Orlando Police Department (“OPD”); this time he was behind the wheel. Brynn was on a mission: the OPD would know who was in control. “Here comes the boss,” someone shouted as the officers, all grins, parted the way for Brynn and his shiny, new bicycle. Brynn and 116 other Orange County GAL children received bicycles, the ultimate symbol of childhood, at the second annual LAS GAL Holiday House. The event was the result of the tireless efforts of LAS board member and GAL Volunteer Advocate for Children (“VAC”), Kathy Downs, better known as “The Bike Fairy.” Con-Air Industries once again hosted the event for Orange County dependent children, their caregivers, and their case managers at its Orlando warehouse. The warehouse was transformed into a magical bike shop, where children could select their very own bicycle, new helmet, and bike lock as holiday gifts. Not only that, they also were treated to books, holiday presents, breakfast, and sweet treats. OPD officers, as Brynn soon found out, were the best community ambassadors and provided the best bike-moving muscle anyone could ask for. Since 2017, Kathy, a senior vice president with Robert Half, and her partner, Victor Thacker, referred to as “The Bike Baron,” have secured, repaired, and given away more than 1,500 bicycles, helmets, and locks in conjunction with the Legal Aid Society’s GAL department. What is now a Legal Aid tradition, the bike giveaway began with one elementary-aged child who, like Brynn, had an unhealthy fear of adults.
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While serving as a VAC with the GAL department, Kathy simply wanted to give a bike to the reserved nine-year-old girl she worked with after she realized the child, who needed exercise, normal childhood experiences, and healthy relationships with adults, was unable to afford one. In fact, the idea of owning a bike was so unfamiliar to the child that she tried to return the bike to Kathy after the first ride. “No, it’s really your bike,” said Kathy. “The little girl was in disbelief,” she remarked with a smile as she relived the day she became The Bike Fairy. Kathy knew she wanted every dependent child to feel the joy of owning a bike, and she was determined to see her vision become a reality. In addition to the physical health benefits of bike riding, our dependent children often achieve specific developmental milestones thanks to the cycles. Older children use their bikes to get to and from a first job or school, while others experience the pride and responsibility of ownership. This pride is magnified, especially when the item owned is a “first” – the first bike; the first gift received without an expectation that something is “owed” in return; the first holiday with a giant present beneath the tree with their name on it, picked out especially for them. Kathy attributes the rapid increase in bike collections and distribution to her use of the “Nextdoor” platform, which has mobilized the local cycling community to help in many ways, especially with bike restoration. With Kathy’s porch becoming a drop off zone and her three-car garage transformed into a repair shop, the LAS Holiday House was born. Kathy and Victor’s bike friends, including Dan Whitney, as well as Russ Durham, Paul McGlone, and David Dancy of the non-profit ReCYCLEry, pitched in to turn each bike into a finely tuned, shimmering gift for each child. Kathy and Victor represent the best of the Legal Aid Society: their volunteerism is second-nature, folded into their daily routine. Through bike donations, they share the greatest parts of life with our dependent children, who not only experience the joys of childhood, but who also experience – often for the first time – that there are adults who share love unconditionally and want nothing in return for kindness. The combination of philanthropy and expert volunteer attorney GAL dependency court representation means magic exists in Orange County far beyond the holiday season. continued page 34
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Legal Aid SocietyWhat We Do...
“M Ana Bernal Roberts, Esq.
Donna A. Haynes
The Violence Against Women Act in Action
ary” has lived in the United States since she was twelve. Like most young adults, Mary dreamed of a loving marriage and family. She met “John,” fell in love, married, and had three children. During her first pregnancy, John started to abuse her. Sadly, it did not stop during their relationship. John was an extremely jealous and controlling individual. He was also physically, sexually, and mentally cruel and abusive. One afternoon, when Mary was coming home from a church outing, John saw her get off the local bus. He began yelling and screaming, wrongfully accusing her of cheating on him. John slapped her face, then grabbed her neck and tore the clothes off her back. Imagine being naked, on the street, with others seeing you in this demeaned state. Mary was humiliated! A group of men who witnessed the event intervened, beating up John to keep him from injuring Mary further. One kind individual gave her a shirt so that she could try to cover her body. During another abusive incident, John pulled Mary out of her brother’s van and again started to slap and punch her. Mary was quick – she had to be – and got away from him. That is when he grabbed a chain saw and started to chase Mary with it. Fortunately, the chain saw did not start. In a fit of anger, John threw the chain saw at Mary while she ran for her life. Unfortunately, it injured Mary; she sustained a large laceration on her leg. Mary is scarred for life from this and many other episodes. The abuse trickled down to the children as John prevented Mary from leaving the house and would not provide enough food for her and the children. Mary had to beg John to take them to the grocery store. Often, she would rely on the kindness of neighbors, who shared whatever they had to feed her and her children. This is not the life Mary dreamed about. Sometimes, John would take out his gun and set it beside him. He would ask Mary, “Will you ever leave me?” Mary would dutifully respond “no.” Pointing the gun to Mary’s head, John would say “good girl,” demand that Mary take off her clothes, and force her to have intercourse. John would tell her that the police would never believe her as he spat at her and told her she was “undocumented” in this country. As John beat and punched her, he would hit her head so that any marks left would be covered by hair and remain undetected. Mary came to the Legal Aid Society in tears, beg-
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ging for assistance. After a financial check, Ana Bernal Roberts, Esq., a Legal Aid immigration attorney, evaluated the case and determined that Mary qualified for immigration relief under the Violence Against Women Act (“VAWA”). Legal Aid prepared the legal documents and packet with all required evidence, which were filed with the United States Citizenship and Immigration Services. As a result, Mary received a work authorization card, which she desperately needed. The work permit card allowed her to get a Social Security card and a driver’s license. She was then able to get a job and start attending school. Mary passed the Certified Nurse Assistant Certification exam and obtained her CNA certificate. Mary was proud as she shared this momentous news with us. Ana, too, is proud of Mary’s accomplishments, stating that “Mary is a fighter and a person of tremendous courage.” Mary no longer has to rely on John for food or rent money. She plans to use her skills as a certified CNA to be a contributing member of society and further enrich the economy of our great country. The children no longer witness and experience their father’s abuse. As we have seen, children that grow up in an abusive home are more likely to be abusers or be abused themselves. Exposure to any kind of abuse is detrimental to a child’s physical, emotional, and educational well-being. In Mary’s case, the cycle was broken and the minor children are all doing better in their studies. Mary will be scheduled for an “adjustment of status” interview in front of an immigration officer. At that time, a determination of whether she will be granted legal permanent residency will be made. In the meantime, the Legal Aid Society of the Orange County Bar Association, Inc., through Ana, will continue to represent Mary. Domestic violence is a crime of power. Being an undocumented immigrant presents another layer of obstacles. VAWA provides protection to all victims of this horrible crime, regardless of one’s immigration status. Therefore, being able to become a legal, permanent resident allows victims the opportunity and resources to take care of themselves and their children. All victims of domestic violence need to know that they will be offered the help they need and deserve to move on with their lives and bring perpetrators to justice. Each of us can and must work together to identify, report, and prevent violence.
www.orangecountybar.org
continued page 34
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ProfessionalismCommittee continued from page 6
Relentlessly Good. Line three: The haiku reaches its resolution of the conflict. How to not be frozen in a stasis of indecision when faced with endless choices? By having a default answer always set: Choose good. Here’s the thing, though: Good is the easy part. We are inherently good. Even Ebenezer or the Grinch reveal a core goodness deep within. We root for the hero, and boo the dastardly villain. We understand the need to be good, but good is not enough. Even though the last line only gets five syllables, I spent four of them luxuriously on a single word, the qualifier for how we are supposed to be good: Relentlessly. Good cannot be the occasional choice, or even the frequent choice. It must be the always choice. Our actions – to the court, to our opposing counsel, to our clients, to the deponent, to the other side’s expert witness – must be relentlessly good. The paths may fork ceaselessly, but always choose to be good – relentlessly so – and the choices become easy, the path clear. Need more help? I still get comments about a president’s column some four years old, where I evoked the unlikely hero’s tale
of Road House to set out three rules for professionalism, as explained by our bouncer/ philosopher, Dalton. While the Grade B movie may be dated, the Grade A rules, as uniquely applied to lawyers, are absolutely current. The wisdom of Dalton: 1) Never underestimate your opponent: Expect the unexpected. In our profession, being prepared, expecting the unexpected, is critical to professionalism and good practice. Similarly, treating opposing counsel with respect is important for reasons both strategic and professional. 2) Take it outside. Snide comments, outright attacks on counsel, or the judge, should never take place inside the courtroom or within the four corners of a pleading. Take it outside: Call your opposing counsel to discuss your frustration, or better still, invite him or her to lunch. Or write it in a letter and then discard it. When invectives appear on a pleading or worse, on a transcript, that is when your legal practice moves from “classy establishment” to “honky-tonk.” Quickly. 3) Be nice. Dalton’s bouncers puzzled at this one, too, but this simple, two-word maxim is absolutely essential to profes-
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sionalism everywhere. My friend, the late, great John Hamilton, Esquire, practiced this provision religiously, always offering aid to co-counsel, colleagues, or opposing counsel with equal measure. His belief was that there was no accommodation requested by opposing counsel that should ever be denied, be it a third extension, to deem a late brief timely filed, or anything else. Never would he say “I’d like to, but my client won’t let me.” Hamilton’s rule, that one should always say “yes,” is our parallel to Dalton’s third rule: Be nice. “Be nice” translates to “be good.” To the clerk. To the judicial assistant. To the pro se litigant. To the legal aid staff member calling you. To everyone. Relentlessly. Always. Nicholas A. Shannin, Esq., Board Certified Appellate attorney at Shannin Law Firm, practices appellate and governmental law, and serves as a Certified Circuit and Appellate mediator. He has been a member of the OCBA since 1994 and served as OCBA president in 2014-2015.
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Upchurch Watson White & Max MEDIATION GROUP
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Orange County Bar Association Election Notice The names of nominees for the following offices are listed on the OCBA website.
OCBA Vice President /President-Elect OCBA Treasurer OCBA Secretary OCBA Executive Council Members Legal Aid Society Board of Trustees Young Lawyers Section At-Large Board Members
Voting shall be conducted ONLINE BY SECRET BALLOT.
Each voting member will receive secure access to the ONLINE BALLOT via an EMAIL sent to the member’s EMAIL ADDRESS listed in the BUSINESS EMAIL ADDRESS LINE of the member’s membership record. (A printed ballot will be sent only to members who do not have an email address.)
Voting will begin on Monday, February 18, 2019 and close on Monday, March 11, 2019. Electronic ballots must be cast online no later than midnight, Monday, March 11, 2019. Paper ballots must be received in the OCBA offices by 5:00 p.m., Monday, March 11, 2019. This election is being conducted on behalf of the OCBA by Intelliscan, Inc., an independent election services provider. All voted ballots, whether cast electronically or via paper ballot, will be certified by the Secretary of the OCBA.
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If you have any questions, please contact Carolyn Cochrane at 407-422-4551, ext. 245, or carolync@ocbanet.org.
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SOMETIMES YOUR BEST BUSINESS PARTNER ISN’T ACTUALLY ON THE PAYROLL. A growing firm needs more than firm handshakes. You want firm commitments, and that’s what you get from your partners at Seacoast Bank. It’s all about teamwork — sharing our experience and expertise. Sharing your passion for success. Providing interactive technologies and individualized service, with a team dedicated to helping your business reach its financial goals. At Seacoast, we’re local and proud of it, and we’re committed to our community and its success. Learn more about how we make it our business to help grow yours. Seacoast Bank. Better by all accounts. Scott Leitner, Esq. AVP, Small Business Banker 407.845.1856 Scott.Leitner@SeacoastBank.com
SeacoastBank.com/Business | 800 706 9991
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Danielle Barbato, Esq. Brice Aikens, Esq. Woody Rodriguez, Esq.; Hon. Heather Pinder Rodriguez; Richard S. Dellinger, Esq.; Carol Shannin, Esq.; Nick Shannin, Esq. Kathleen Shea and Kristin Rosbash – Milestone Reporting Rhiannon Arnold
Courtney Richardson- Jones, Esq. Jared Brooks, Esq. Ashley Wright, Esq.
100% Club Certificate – Law Office of Michael L. Dear, PLLC Michael L. Dear, Esq.; Kyle Costello, Esq. Richard S. Dellinger, Esq.
Hon. Heather Higbee Hon. Jamie Grosshands Hon. Denise Beamer Hon. Eric Dubois Hon. Elizabeth Starr
Photos: Flo Boehm and staff photos
James D’Cruz, Esq.; Taylor Chatting, Esq.; Philip Wayne, Esq.
Legal Aid Society Law Student Awards Melody Lynch, Esq.; Brittanii Wade (FAMU); Elisa Schneider (FAMU); Edward Venegas (Barry University); Hon. Heather Pinder Rodriguez
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OCBA January Luncheon
Legal Aid Society Judge J. C. Jake Stone Distinguished Service Award Mary Anne De Petrillo, Esq.; Mary Anne Etzler, Esq., Award Recipient; Wynne McFarlin, Esq. January 24, 2019
Embassy Suites by Hilton Downtown Orlando The Honorable Alice L. Blackwell
The Hon. Alice L. Blackwell
Hon. Heather Pinder Rodriguez
Richard S. Dellinger, OCBA President
Jennifer Morando, Esq. Jennifer Smith Thomas, Esq.
Kimberly Hosley, Esq. Arti Hirani, Esq.
Legal Aid Society John R. Hamilton Law Firm of Excellence Award Dean, Ringers, Morgan & Lawton, P.A.
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Starting Line Teams
Team Reed Made Me Do It
Winning Team YLS Gladiators Milestone Reporting
Team Force Majeure
Milestone Reporting, Sponsor
Glenn Adams, Esq. LaShawnda Jackson, Esq. Tony Sos, Esq.
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Amazing Race Judicata February 6, 2019
Thank You to Our Sponsors Milestone Reporting • Westlaw • Cole, Scott & Kissane U.S. Legal Support Event Hosts Bart Vickers, Esq. Jonathan Stimler, Esq.
Social Committee Chairs Jennifer Morando, Esq. Jennifer Smith Thomas, Esq.
rious
Team Not Fast, Not Fu
Jonathan Stimler, Esq. Jennifer Smith Thomas, Esq. Jennifer Morando, Esq. Bart Vickers, Esq.
Liz McCausland, Esq. Andrew Irvin, Esq.
Team GO(ABBA) the Distance
Jessica Travis, Esq. Amanda Sampaio, Esq. Heather Meglino, Esq.
Bart Vickers, Esq., with
Race Judicata Team Captains theBriefs March 2019 Vol. 87 No. 3
Tony Sos, Esq.; Arti Hirani, Esq.; Brandon Sapp, Esq. www.orangecountybar.org
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Member Perks Networking & Speaker Series For the past two years, OCBA has offered a fascinating and often humorous look at the profession as experienced by some of our more wellseasoned attorneys. Please come out and join us! A light breakfast, coffee, camaraderie, and a glimpse into the past are in store for you.
OCBA members enjoying coffee and networking at our monthly Member Perks Series!
Christina Miner, Esq. Hon. Jose Rodriguez
Jody Ackerman Marvin Hardy, Esq. Jimmy Singh – Sponsor Orange Legal Walter Benjamin, Esq. ; Bill Umansky, Esq.; Hal Kantor, Esq.
W. Scott Gabrielson, Esq.
Kristin Rubash Jody Ackerman
Hon. Wilfredo Martinez Richard S. Dellinger, Esq.
– Sponsor Milestone Reporting
Samuel Reda, Esq. James Armstrong, Esq.
Hon. Wilfredo Martinez Eric Reed, Esq. PAGE 26
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We invite you to submit your
2019 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought
nominations today for the OCBA’s Liberty awards as part of our annual Law Week celebration! Recipients will be honored and will receive their award at our annual Law Week Luncheon on April 25, 2019.
The Liberty Bell Award recognizes a person or organization in our community, outside the traditional legal profession, that best demonstrates a deep commitment to the rule of law and has worked to promote civic responsibility among our citizens. The Liberty Shield Award recognizes a first responder who demonstrates exemplary service to the health or safety of our community. The Liberty Apple Award recognizes a teacher who demonstrates exemplary service to the education of students in our community.
For all nominees, please consider those whose work meets the following criteria: • Promoted a better understanding of the rule of law; • Encouraged a greater respect for law and the courts; • Stimulated a sense of civic responsibility; and, • Contributed to good government within the community. Please submit a one- to two-page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Current submission deadline: March 15, 2019.
Some of our past Liberty Bell Award recipients include: Dick Batchelor, Florida House Representatives Michael Dippy, Executive Director of IDignity Tom Lares, Co-founder and Chairman of the Greater Orlando Human Trafficking Task Force David Medvec, Teen Court Program Coordinator Tico Perez, Community Leader Sara Trollinger, Founder of House of Hope
Mail or email your nomination to: Kim Homer, Executive Director, OCBA, 880 N. Orange Ave., Orlando, FL 32801 or khomer@ocbanet.org. For further information, contact Jeramy Beasley at Jeramy.Beasley@csklegal.com or Randy Bock at Randy.Bock@csklegal.com theBriefs March 2019 Vol. 87 No. 3
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ParalegalPost
The Florida Bar FRP Program Update
O Patricia C. DeRamus, ACP, FRP
n September 15, 2018, The Florida Bar announced that the Florida Registered Paralegal (“FRP”) program, upon the recommendation of the Program Evaluation Committee (“PEC”), would be split into two FRP panels. The recommendation stemmed from the PEC’s review last year of the current FRP committee. The Florida Bar Board of Governors unanimously approved the change. It was insightful in supporting FRP diversity and promoting inclusion of paralegals in The Florida Bar functions, such as The Florida Bar Annual Convention. The recommendation led to the creation of two committees: the Florida Registered Paralegal Enrichment Committee, which will address communications, education, and other enrichment options for FRPs; and the Florida Registered Paralegal Eligibility and Compliance Committee, which will focus on the eligibility of potential new FRPs and the established requirements for FRPs.
Wayne L. Helsby, Esq., PEC chair, stated that the Enrichment Committee will be charged with creating awareness of The Florida Bar’s registered paralegal program and its benefits, thus, offering educational opportunities along with networking and social events. The committee chair and two vice chairs, along with the majority of the committee members, must be Florida Registered Paralegals. The FRP Enrichment Committee held its first meeting in January 2019 and is now planning for the FRP CLE seminar and reception scheduled for June 28, 2019, at The Florida Bar Convention in Boca Raton, Florida. Please be sure to note the date on your calendar. Patricia C. DeRamus, ACP, FRP, is a senior paralegal in the Office of the Attorney General of Florida located in Palm Beach County, Florida.
Special
T Dougald B. Leitch, Esq.
Dougald B. Leitch, Esq., Receives Florida Bar President’s Pro Bono Service Award
he Florida Bar recognized OCBA member Dougald B. Leitch, Esq., with its Florida Bar President’s Pro Bono Service Award in a ceremony on February 7, 2019, held at the Supreme Court of Florida. The award recognizes attorneys for their work on behalf of low-income and disadvantaged clients. The award is intended to encourage lawyers to volunteer legal services to the poor by recognizing those who make public service commitments and to raise public awareness of the substantial volunteer services provided by Florida lawyers to those who cannot afford legal fees. Twenty-two attorneys, one from each of Florida’s judicial circuits, including co-honorees from the Eleventh Judicial Circuit and one out-of-state attorney, received the award. Mr. Leitch has been a Guardian ad Litem (“GAL”) volunteer since 1986, so he understands the challenges of working with children and families. In an early experience as a GAL, he was appointed to be the guardian for a ten-year-old girl. After about
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two years, the girl was put into foster care, but she confided to Mr. Leitch that her foster father would touch her inappropriately. Law enforcement stepped in, and the girl finally was placed in a group home, where she thrived, and she went on to receive an athletic scholarship to college. In another case, the parents of two boys were battling addictions. Mr. Leitch recommended termination of parental rights, but acquiesced when the grandparents wanted to step in. However, the parents remained part of the boys’ upbringing and, regrettably, the two – now young men – have been unable to establish stable lives. Mr. Leitch has handled more than 85 cases and currently is assisting six children. He has donated more than 1,150 hours on closed cases. Mr. Leitch, a graduate of Duke University School of Law and solo practitioner in Oviedo, Florida, has been a member of the OCBA since 1966. Excerpts from The Florida Bar website.
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Hearsay...
T Linnea M. Eberhart, Esq.
Nobody cares how much you know, until they know how much you care. — Theodore Roosevelt
here can be no doubt that the Orange County Bar Association and its many members in the legal community care. We care about our communities as evidenced by our involvement in everything from Little League to local politics and in the countless service opportunities that fill the pages of The Briefs each month. We care about our colleagues and the paralegals, secretaries, and support staff who are an invaluable part of our daily lives. We care about our clients and making sure we represent their interests to the best of our abilities. It is this level of care at each and every level of our lives that allows us to be great lawyers. Legal research and motion drafting will only get you so far, after all! Let’s take a look at what some of our members are doing to show they care in this month’s “Hearsay”…
Honors and Awards
Dougald B. Leitch, Esq., of Dougald B. Leitch, PLLC, received The Florida Bar President’s Pro Bono Service Award at a ceremony held on February 7, 2019 at the Florida Supreme Court. Melody B. Lynch, Esq., has been nominated to serve as chair of the Ninth Circuit Pro Bono Committee, which encourages attorneys who are members of The Florida Bar and who practice in the Ninth Judicial Circuit to provide free legal services to economically disadvantaged individuals and families in accordance with the committee’s pro bono plan. Winderweedle, Haines, Ward & Woodman, P.A., was recently named a 2019 “Best Law Firm” by U.S. News & World Report and Best Lawyers. Several of the firm’s practice areas were recognized.
Community Involvement
Ryan E. Davis, Esq., of Winderweedle, Haines, Ward & Woodman, P.A., was recently appointed vice president of the Adult Literacy League of Central Florida. William T. Dymond, Jr., Esq., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., was elected chair-elect of the Orlando Economic Partnership. John Gihon, Esq., of Shorstein, Lasnetski & Gihon, spoke on two panels at the American Immigration Lawyers Association, Central Florida Chapter, Annual Conference in Clearwater Beach. N. Diane Holmes, Esq., of N. Diane Holmes, P.A., was the top individual fundraiser for the Orlando Making Strides Against Breast Cancer walk for 2018. As a two-time breast cancer survivor, she led the walk with more than 50,000 people participating. Melvin Pearlman, Esq., of Mel Pearlman, P.A., presented “Gun Rights vs. Reproductive
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Rights - Is There a Constitutional Connection?” to a standing-room-only audience of the Central Florida Chapter of United We Stand. Alisia Adamson Profit, Esq., of HAWM Law, PLLC, moderated a panel discussion entitled “The Year of the Woman” co-sponsored by the OCBA Foundation on January 17, 2019 during Martin Luther King, Jr. Day events at Florida A&M University College of Law. Dennis J. Wall, Esq., of Dennis J. Wall, P.A., updated the claims handling and exclusions chapters in the November 2018 edition of his co-authored book, Catastrophe Claims: Insurance Coverage for Natural and Man-Made Disasters.
On the Move
Stephanie G. Alvarez, Esq., has joined The Aikin Family Law Group in Winter Park where she is practicing family law and collaborative law. Michael G. Candiotti, Esq., has been named partner at Latham, Shuker, Eden & Beaudine, LLP, in the real estate and hospitality departments. C. Matthew Detzel, Esq., has been named partner at Akerman LLP. Amy L. Judkins, Esq., has joined Dean Mead as an associate in the litigation department, focusing on complex commercial litigation.
In Memoriam
The Honorable Michael James Calabro, 67, passed away peacefully on December 14, 2018. Judge Calabro graduated from the U.S. Coast Guard Academy and attended Duquesne Law School, graduating in 1981. Settling in Massachusetts, Judge Calabro practiced as a civil litigator for more than 30 years. In 2012, he and his family relocated to Orlando, where he served as an administrative law judge in the Social Security Administration. The OCBA extends its condolences to Judge Calabro’s family. Peter Christopher Pappas, Esq., 61, passed away suddenly on December 26, 2018. He was a CPA and tax attorney for more than 35 years with offices in Orlando and Tampa. He also was the author of the respected and often-quoted The Tax Lawyer’s Blog, as well as related articles that were published locally and nationally in Forbes. Donations may be made to The Orlando Shakespeare Theater. The OCBA extends its condolences to Mr. Pappas’ family. The “Hearsay” column is for your news, accomplishments, and announcements, so please share any updates with me at leberhart@mtwlegal.com. See you in May, “Hearsay”! Linnea M. Eberhart, Esq., is an associate attorney with McDonald Toole Wiggins, P.A., practicing in the areas of civil litigation defense, products liability and premises liability. She has been a member of the OCBA since 2015.
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YLS Charity Putt-Putt Tournament First Place Team
Miguel Acosta, Esq. Keith Kanouse, Esq.
Leia Leitner, Esq. Rachel Mattie, Esq. Jill C. Davis, Esq.
Last Place Team
Kayla Mudge, Esq. Brooke Stanley, Esq. Heather Meglino, Esq.
Best Costume
James Moore, Esq., as golfer John Daly
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YLS on the move
O
Heather M. Meglino, Esq.
n January 18, 2019, we held our monthly luncheon with speaker Stefano Portigliatti, Esq., who spoke about how we can improve our ability to communicate more effectively by understanding workplace personalities and emotional intelligence. It was fascinating, and I’m sure all who attended left with lots of valuable tips. On January 26, 2019, YLS held its 3rd Annual Charity Putt-Putt Tournament, which ended up being a sellout event! Chairs Leia Leitner, Esq., and Rachel Mattie, Esq., rocked it, and we raised money for Dancing for Diabetes. There was allegedly an appearance by John Daly, Elmo, and some pirates. We hope you didn’t miss out on this one. From what everyone remembers, this was an awesome event! A huge thank you to our sponsors – U.S. Legal Support, Accurate Serve, Pro Litigation Service, Lynx Legal Service, Seacoast Bank, SunTrust Bank, and The Umansky Law Firm – and everyone who came out to support a good cause. In January, The Florida Bar Young Lawyers Division held its annual Affiliate Outreach Conference (“AOC”) in St. Augustine. We are so proud to announce that the OCBA YLS received the AOC Large Affiliate of The Year Award! YLS president Jill C. Davis, Esq., and presidentelect, Andrew Roy, Esq., also presented a video about our Washington Shores Elementary Book Fair grant request and took home AOC’s Best Presentation Award. Thank you to everyone who assisted with the video and to everyone who helps make our YLS the best in the state! We are also happy to announce that, through the pro bono work of so many YLS members, we are the recipient of the 2019 Voluntary Bar Association Pro Bono Award, which was presented by Chief Justice Charles T. Canady on February 7, 2019, at a ceremony held at the Supreme Court of Florida. The award recognizes a Florida voluntary bar that has demonstrated a significant contribution in the delivery of pro bono legal services to individuals or groups.
We were recognized for our Wills for Heroes project, which has been held for the last two years. YLS leaders and members recognized there was a great need for estate planning for firefighters, emergency medical personnel, police officers, sheriff’s deputies, and members of the armed services. Our young lawyers had exactly the ability to fulfill that need and created the program to make it happen! With help from a grant from the Young Lawyers Division of The Florida Bar, the inaugural Wills for Heroes project kicked off in April 2017. More than 30 volunteers helped more than 80 “heroes” with their estate planning. This past year, our Wills for Heroes event drew more than 50 volunteers and served more than 100 people. We will hold our next event in April and already have a waiting list of more than 200 people who need assistance. We are incredibly honored to receive the 2019 Voluntary Bar Association Pro Bono Award, and we look forward to continuing to serve our community of heroes in 2019. Great work young lawyers! #wedomore Stay tuned for these upcoming YLS events: March 15 – YLS Luncheon. 12:00 p.m.-1:00 p.m. (Check in: 11:30 a.m.-11:55 a.m.) Citrus Club. Speaker: Andrae Bailey, Founder & CEO, Change Everything. April 5 – Afternoon with the Zoo. Winter Park Day Nursery. Details to come. April 12 – YLS Luncheon. 12:00 p.m.-1:00 p.m. (Check in: 11:30 a.m.-11:55 a.m.) Citrus Club. Speaker: Details to come. April – Wills for Heroes. Details to come. And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore. Heather M. Meglino, Esq., is the owner of Meglino Law, LLC and has been a member of the OCBA since 2011.
2019 Voluntary Bar Association Pro Bono Award Amber Williams, Esq. (left) Jill C. Davis, Esq. (right)
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SideBar
T
his year’s winter was no match for our voluntary bar associations. Take a look below at how some of our voluntary bar associations were able to turn up the heat and prepare for spring. For more information about how to get involved, visit each organization’s Facebook page and/or website, and follow them on Twitter. These wonderful groups are glad to welcome new members throughout the year!
PCPBA
Alena V. Baker, Esq.
On January 30, 2019, the Paul C. Perkins Bar Association (“PCPBA”) hosted its annual Judicial Reception. The event, which was held at 310 Lakeside, provided attorneys and members of the judiciary a relaxed environment in which to mix and mingle.
GOAABA In addition to hosting a great game of laser tag and a luncheon at Poke Hana in early January, Greater Orlando Asian American Bar Association (“GOAABA”) board members Leia V. Leitner, Esq., and Sarah Guo, Esq., had an amazing time presenting GOAABA’s grant application for legal education programming for the non-profit organization, United Against Poverty, entitled, “STEP UP with GOAABA” to The Florida Bar Young Lawyers Section at the annual Affiliate Outreach Conference in St. Augustine, Florida. After ringing in the lunar new year at Kona Grill on February 5, 2019, GOAABA participated in the OCBA’s Amazing Race Judicata event on February 6, 2019, as team “GO(AABA) the Distance.” Look for GOAABA members at the OCBA’s Law Day 5K on March 9 and at the Seventh Annual Central Florida Diversity & Inclusion Picnic co-hosted by the OCBA’s Diversity & Inclusion Committee on March 16. As if that’s not enough, GOAABA members also will take part in a Drive Shack family day on March 23!
George C. Young American Inn of Court
On January 15, 2019, the George C. Young American Inn of Court (“Inn”) held its monthly dinner meeting, where Pupilage Group Three presented a CLE program entitled “How to Deal with Difficult Judges.” The group is comprised of several Benchers, Masters, Barristers, Associates, and a law student. The presentation focused on when a jurist must be recused or disqualified pursuant to Florida law; a review of cases involving judicial misconduct; practical tips for dealing with difficult judges; and important tips for preserving issues for appeal. The Inn also held a joint meeting with the Brevard Inn on February 13, 2019.
HBACF
FBA
The Federal Bar Association Central Florida Chapter (“FBA”) has been very busy these past couple of months with a CLE lunch on what to do (as well as what not to do) in federal court. In addition to their Chambers Brown Bag Lunch on January 10, 2019, the local chapter partnered with the OCBA Young Lawyers Section on January 25, 2019, to present the second annual CLE, “Federal Practice Primer for the Occasional Federal Practitioner.” This free lunch and learn featured guest panelists, the Honorable Paul Byron and the Honorable Greg Kelly of the U.S. District Court Middle District, and Mike Vitale, Esq., Baker Hostetler, past FBA president. Presenting to a packed house, panelists discussed the key differences between state and federal practice for both civil and criminal practitioners. The FBA also hosted a lunch and learn on February 22, 2019, at the U.S. District Courthouse. The presentation, “Social Security Disability Appeals in District Court,” featured guest speaker, Sarah Bohr, Esq.
CFAWL
The Central Florida Association for Women Lawyers (“CFAWL”) hit the six-month mark, and #CFAWLConnects continues to go strong. In December, members attended events for the FBA, OCBA YLS, GOAABA, and PCPBA. CFAWL partnered with YLS to put on a #metoo CLE, and cheered on sister members in Seminole County at its first event as a new Florida Association for Women Lawyers (“FAWL”) chapter. Members partied hard at their ugly sweater party and holiday luncheon, and volunteered time collecting donations for their annual Angel Tree Project. January got off to a fantastic start at CFAWL’s first luncheon of the year, featuring the witty and wonderful speaker, Jon Busdeker, who shared ideas from his book, 100 Things to Do in Orlando Before You Die. Safe travels to those CFAWL members headed up to the state capital for the Florida Association for Women Lawyers’ annual FAWL Lobby Days event! We can’t wait to see CFAWL taking over Tallahassee! Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense.com. 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.
The Hispanic Bar Association of Central Florida (“HBACF”) members are lacing up their running shoes for OCBA’s Law Day 5K. Meet at Harbor Park at Lake Baldwin on March 9 and get ready to run! PAGE 32
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Central Florida Association for Women Lawyers
Federal Bar Association
Janki Thakkar, Esq.; Olivia Hoch Miller, Esq.; Amanda Perry Carl, Esq.; Arti Hirani, Esq.; Jamie Billotte Moses, Esq. Leia V. Leitner, Esq. The Honorable Greg Kelly
George C. Young American Inn of Court
Greater Orlando Asian American Bar Association Laser Tag
The Honorable Bob LeBlanc
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President’sMessage
sharing their experiences and serving as role models for future generations. At our places of worship, OCBA members are deacons, elders, and teachers. You see OCBA members engaged in youth programs, participating in summer camp activities, or singing in the choir. OCBA members understand the value of being involved. Just as we zealously represent our clients, we also zealously support our community.
continued from page 3
In local schools, OCBA members are highly visible and engaged. They are room parents, representatives in the Parent Teacher Association, and more. When children participate in scouting, OCBA members are there, guiding our Cub Scouts, Girl Scouts, Boy Scouts, and Adventure Guides. OCBA members step up and volunteer because they understand the importance of
We donate, we advocate, we serve, we lead, we teach, we guide, we engage. And in doing so, we enrich the lives of others. Thank you for all you do. #OCBACares. Richard S. Dellinger, Esq., a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., practices in the litigation department in the areas of business litigation, trust and estate litigation, and significant dissolution of marriage. He has been a member of the OCBA since 1999.
LASGAL News learning more about volunteer opportu-
LASWhat We Do...
In addition to Kathy, Victor, and ConAir Industries, LAS gives special thanks to our other partners who helped make the Holiday House a true winter wonderland, including: Crissy Adkinson and Rolf Wilken of Con-Air Industries; Barbara Leach of Bab’s Bakes; Disney; FreshPoint; Florida Blue; Tim Haberkamp’s Hardees in the Pine Hills Neighborhood; Orlando Wedding & Party Rental; Puff & Stuff; and the Orlando Police Department – Brynn’s new best friend. If you would like to donate a bike or learn more about the Bike Bonanza in June, please email: Kathleen.downs@ roberthalf.com. If you are interested in
If you are interested in handling a pro bono immigration case, please contact Janis Mason at jmason@legalaidocba.org. The Legal Aid Society will offer immigration training at the Marks Street Senior Center on November 5, 2019. The trainer will be volunteer pro bono attorney, Courtney Rineer, Esq. To register for this free CLE, contact mcarbo@legalaidocba.org. To tour the Legal Aid Society, please contact Donna Haynes, development director, at boc@ legalaidocba.org, or 407-515-1850.
continued from page 16
nities with the Legal Aid Society Guardian ad Litem Program, please contact Bethanie Barber, Esq., GAL Program director, at bbarber@legalaidocba.org. Please contact Donna Haynes, development director, at 407-515-1850 or dhaynes@legalaidocba.org to make a donation and all other inquiries. Bethanie A. Barber, Esq., is the Guardian ad Litem Program director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008. Donna A. Haynes, is the development director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.
March 5, 2019
Taxes & Alimony
March 19, 2019
Dependency Drug Court
April 9, 2019
Child Support and Domestic Violence
April 23, 2019
The ABC’s of the APD Process
May 7, 2019
Simple Wills and Special Considerations When Working with LGBTQ+ Clients
May 21, 2019
Adoption IS Possible in Dependency
June 11, 2019
Debt Collection & Garnishments
June 19, 2019
Dependency Cases Really Do End: Finding Permanency
continued from page 17
Ana Bernal Roberts, Esq., is an immigration attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2001. Donna A. Haynes is the development director at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.
2019
PART 1 JAN - JUNE LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH
Please see the Announcements page for speakers.
RSVP TO
Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered).
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mcarbo@legalaidocba.org ctucker@legalaidocba.org merazmus@legalaidocba.org
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Seventh Annual Central Florida Diversity & Inclusion Picnic Barry Law School
6441 E. Colonial Drive Orlando, FL 32807 Saturday, March 16, 2019 12:00 p.m. to 4:00 p.m. Free Admission
We welcome members of the judiciary, legal practitioners, law students, and paralegals to the Annual Central Florida Diversity & Inclusion Picnic to meet and network with your colleagues, members of the local voluntary bar associations, law firm representatives, and other sponsors. Register through the OCBA Store (FREE).
PRIZES • RAFFLES • FOOD TRUCKS GUEST SPEAKERS • MENTORS If you have any questions, are interested in sponsoring, or have the desire to become a mentor, please email: Brian Lawrence at: Brian.lawrence@lowndes-law.com Arti Hirani at: hirani.arti@gmail.com
Follow us
Central Florida Diversity & Inclusion Picnic
Diversity and Inclusion Committee theBriefs March 2019 Vol. 87 No. 3
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Sup port the oCBA! r eCommend thi S CourS e!
Florida Online Traffic School • Fast, easy, convenient • Available 24/7 • Online instructions • Telephone support
Basic Driver Improvement 4-hour course (Traffic Ticket - TCAC) First-time Driver 4-hour course Advanced Driver Improvement 12-hour course (ADI / Judge-ordered class) Florida Mature Driver Program 6-hour course All traffic courses are approved by the Florida Department of Highway Safety & Motor Vehicles and sponsored by the American Safety Council. Register: orangecountybar.org.
Criminal LawCommittee continued from page 11
Act effective July 1, 2008, ch. 2008-111, 2008 Fla. Laws (amending Fla. Stat. § 40.24 (2008)). 8 Fla. SB 1606 (2017) (introduced in March 2017 but died in Judiciary in May 2017). 9 See Florida v. Sanel Saint-Simon, 2014-CF-12661 (Fla. Cir. Ct), Def. Mot. for Compensation of Jurors at Current Wages and for Reimbursement to Primary Caregivers for Day Care Costs (filed on Dec. 12, 2017). 10 Patierno, 391 So.2d at 392-93; see also People v. Davis, 522 N.Y.S.2d 1017, 101920 (N.Y. Sup.Ct. 1987); St. Clair v. Commonwealth, 451 S.W.3d 597, 622-623 (Ky. 2014). 11 Patierno, 391 So.2d at 393; see also Hilton v. Curry, 124 Cal. 84, 86 (Cal. 1899). 12 See Florida v. Markeith Loyd, 2016-CF-015738-A-O, Orange County Clerk of Courts for the Ninth Judicial Circuit, Order Denying Def. Mot. For Compensation of Jurors At Current Minimum Wage (Oct. 11, 2018). 13 Brouwer v. Metropolitan Dade County, 139 F.3d 817, 818-19 (11th Cir. 1998); see also St. Clair v. Commonwealth, 451 S.W.3d 597, 622-623 (Ky. 2014); North Carolina v. Setzer, 42 N.C. App. 98, 256 S.E.2d 485, 488 (1979). 14 659 So.2d 1210 (4th DCA 1995). 15 439 U.S. 357 (1979). 16 See Taylor v. Louisiana, 419 U.S. 522, 537 (1975). 17 Expanding Access to Justice: Legal Aid, Self Help Center, Technology, Lawyer Referral, and Modest Means, Richard S. Dellinger, Esq., Orange County Bar Association The Briefs, Vol. 86, No. 7, August 2018. 18 Florida Courts, Annual Reports, available at https://www.flcourts.org/PublicationsStatistics/Publications/Annual-Reports. 19 Florida Courts, 2017-2018 Fiscal Year State Courts Appropriations, available at https://www.flcourts.org/content/download/216673/1965984/ar-16-17-scs-appropriations.pdf. 20 From “Thomas Jefferson to Thomas Paine, 11 July 1789” available at https://founders.archives.gov/documents/Jefferson/01-15-02-0259. 21 In re: Florida Commission On Access to Civil Justice, Administrative Order No. AOSC14-65 (2004). 7
Book Your Next Event at the Orange County Bar Association The Orange County Bar Association (OCBA) is the perfect choice for meetings in Downtown Orlando. We offer first class meeting facilities. Our on-site meeting coordinator is at your service, ready to assist with everything from room setup and technology support, to food and beverage orders, hotel accommodations, and dinner reservations. We also offer free on-site parking.
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The Orange County Bar Association // 880 N. Orange Ave. // Orlando, FL 32801 PAGE 36 www.orangecountybar.org
theBrief s March 2019 Vol. 87 No. 3
Speaker:
Gordon H. “Stumpy” Harris, Esq.
Tuesday, March 5, 2019
8:00 a.m.-9:30 a.m. OCBA Center OCBA Members Only
FREE
Register at www.orangecountybar.org/store
Limited Seating Breakfast Included
Save the Date! Wednesday, April 3, 2019•Cheney Mason, Esq. Wednesday, May 1, 2019 – TBD Please check the OCBA website for updates!
theBriefs March 2019 Vol. 87 No. 3
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New M e mbe rs Attorneys
Affiliates
Christopher J. BAKER Rosanna E. BARSATI Alison BREITER Samantha D. COOLS Elicia R. DAY Erika FRIEDLANDER Jasmine HAWTHORNE Tiffany Monique JONES Haylee O’DOWD Joanne PATTERSON Ronald D. RODMAN Linda Marie SCHULTZ
Ingrid G. DeSANTIAGO Sierra ROSS Danna SAENZ Mary M. SMALLWOOD
Law Students Justin A. BRATHWAITE Aprille CLIFTON Tanya HAWKINS Rachel KARDEN Melissa ALZATE
Invite your colleagues to join the OCBA today!
Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities! 407-422-4551, ext. 225
Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225.
20 or More Members
Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al. Winderweedle, Haines, et al.
10-19 Members
Colling Gilbert Wright & Carter, LLC Fisher Rushmer Legal Aid Society of the Orange County Bar Association, Inc. Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins, P.A.
2-9 Members Allen, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Artemis Family Law Group, PLLC Arwani Law Firm Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Barry Miller Law Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Divine & Estes, P.A. Fassett, Anthony & Taylor, P.A. Gans Law, P.A.
Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Small Business Counsel Southern Trial Counsel Sperling Ducker, P.L.C. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.
Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Green Family Law, P.A. Hale, Hale & Jacobson, P.A. Harris Harris Bauerle Ziegler Lopez Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Office of Catherine E. Davey, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group
PAGE 38 www.orangecountybar.org
theBriefs March 2019 Vol. 87 No. 3
Did you know that when you PASS a case to the Lawyer Referral Service, you not only support OCBA services, but you also help keep membership dues low? So please keep passing those cases and support the OCBA!
Keep the LRIS number in your playbook:
407-422-4537
Last year proceeds from the Lawyer Referral Program covered the production of six issues of The Briefs. The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida. theBriefs March 2019 Vol. 87 No. 3
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Events Mar. 2 – LAW(n) Day. 10:00 a.m.-3:00 p.m. Barry University School of Law. Games, music, food trucks, kids’ activities. Hosted by OCBA Criminal Law Committee. Sponsored by Florida Defense Investigations, Milestone Reporting, Carmona Law, Mazin Law, and SeiduleLaw. Mar. 5 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: Gordon H. “Stumpy” Harris, Esq. Register by Mar. 2 through the OCBA Store. Mar. 8 – Professionalism Awards Ceremony. 3:00 p.m.- 5:00 p.m. Orange County Courthouse, Jury Assembly Room. Hosted by OCBA Professionalism Committee. Sponsored by Milestone Reporting. RSVP by Mar. 5 through the OCBA Store. Mar. 9 – Law Day 5K. 7:30 a.m. Harbor Park at Lake Baldwin. Sign up at: www.runsignup.com/ocbalawday5K. Sponsorship opportunities available! Mar. 16 – Diversity & Inclusion Picnic. 12:00 p.m.-4:00 p.m. Barry University. For complete details, see ad on page 35 of this issue of The Briefs. Apr. 3 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: Cheney Mason, Esq. Register by Apr. 1 through the OCBA Store. May 1 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: TBD. Register by Apr. 29 through the OCBA Store.
Seminars Mar. 5 – LAS Lunchtime Training. Taxes & Alimony. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Mar. 6 – Elder Law Committee. Medicaid Applications: Nuts & Bolts. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers). Speaker: Heather C. Kirson, Esq. Sponsored by Keiron Partners. Register by Mar. 4 through the OCBA Store. Mar. 7 – Business Law Committee. Statutory Fair Value & Personal Goodwill in a Corporate Dissolution Action. 12:00 p.m.-2:00 p.m. OCBA Center. CLE: 1.0 general (pending). $40 (OCBA members); $25 (gov’t/student members); $50 (nonmembers). Speakers: Hon. John D. Galluzzo; Jon E. Kane, Esq.; Stephen B. Sambol, Esq.; Robert B. Morrison, Esq. Sponsored by Morrison Valuation & Forensic Services. Register by Mar. 3 through the OCBA Store. Mar. 11 – Brown Bag Luncheon with Tanya & the Bobs. Jury Selection. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 (pending). Speakers: Hon. Tanya Wilson; David Paul, Esq. Seating is limited. RSVPs are requested. Contact: Cindy Brown at ctjacb1@ocnjcc.org. Mar. 11 – Estate, Guardianship & Trust Committee. Probate and Trust Litigation Issues. 12:00 p.m.1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers). Speakers: Melody Lynch, Esq.; Norma Stanley, Esq. Sponsored by Orlando Estate Sale Ladies. Register by Mar. 8 by 12:00 p.m. through the OCBA Store. Mar. 15 – Family Law Committee. Get to Know your Judge: Hon. Heather Higbee and JA Donna Isaacson. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers). Speakers: Hon. Heather Higbee; Donna Isaacson, Judicial Assistant. Sponsored by K. Mitchell Team. Register by Mar. 13 through the OCBA Store.
Mar. 19 – LAS Lunchtime Training. GAL Training: Dependency Drug Court. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Hon. Reginald Whitehead; Doris E. Mackey, Case Coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Mar. 26 – Civil Rights Law Committee. Fair Housing: An Introduction to Civil Rights Law. 12:00 p.m.1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers). Speaker: Mark Elliott, Esq. Sponsored by Capella Immigration Law. Register by Mar. 24 through the OCBA Store. Mar. 27 – Solo & Small Firm Committee. A Litigator’s Guide to Using an iPad in Your Practice. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 technology (pending). Free (OCBA members); $15 (nonmembers). Speaker: TBD. Register by Mar. 25 through the OCBA Store. Mar. 29 – Bankruptcy Law Committee. Chapter 7 Bankruptcy from a Trustee’s Perspective. 12:00 p.m.1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers). Speaker: Lori Patton, Esq. Register by Mar. 27 through the OCBA Store. Apr. 2 – Elder Law Committee. Details to come. Apr. 3 – Construction Law Committee. Analyzing Structural Fires, Construction Defects, and Emerging Forensic Technology. 12:00 p.m.-2:30 p.m. OCBA Center. CLE: 3.0 general, including 1.0 technology certification (approved). $40 (OCBA members); $25 (gov’t/student members); $50 (nonmembers). Speakers: Thomas Young, IAAI-CFI, NAFI-CFEI, VP, Fire Division; Edward Selvaggio, P.E., Principal Consultant; Ryan Paolantonio, P.E., Senior Consultant, Rimkus Consulting Group, Inc. Sponsored by Milestone Reporting and Rimkus Consulting Group. Register by Apr. 1 through the OCBA Store. Apr. 5 – Labor & Employment Committee. Details to come. Apr. 9 – Business Law Committee. Details to come. Apr. 9 – LAS Lunchtime Training. Child Support and Domestic Violence. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Tenesia C. Hall, Esq. Panelists: representatives from DOR; Clerk of Courts; Court Administration; Harbor House. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Apr. 10 – Professionalism Committee. Professionalism in Depositions. 11:00 a.m.-1:00 p.m. OCBA Center. CLE: 2.0 general (pending). Free (OCBA members); $15 (nonmembers). Lunch is provided. Speakers: LaShawnda K. Jackson, Esq.; Hon. Luis F. Calderon; Hon. Chad K. Alvaro; Hon. Kevin B. Weiss. Register by Apr. 8 through the OCBA Store. Apr. 12 – Real Property Committee. Details to come. Apr. 18 – Brown Bag Luncheon with Tanya & the Bobs. Frye Standard. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 (pending). Speaker: Hon. Julie O’Kane. Seating is limited. RSVPs are requested. Contact: Cindy Brown at ctjacb1@ocnjcc.org. Apr. 18 – Intellectual Property Committee. Details to come. Apr. 19 – Family Law Committee. Details to come.
Apr. 23 – Technology Committee. The Florida Bar YLD Tech Roadshow. 12:00 p.m.-5:00 p.m. OCBA Center. CLE: 4.0 general, including 4.0 technology and 2.0 ethics (approved). $40 (OCBA members); $25 (student/gov’t members); $50 (nonmembers). Speakers: John Stewart, Esq.; Barbara Leach, Esq.; Adriana Linares. Register by Apr. 21 through the OCBA Store. Apr. 23 – LAS Lunchtime Training. The ABC’s of the APD Process. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Mexcye Roberts, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Apr. 24 – Solo & Small Firm Committee. How to Use Technology in Mediation or a Courtroom and Look Like a Million Bucks, Without Spending It! 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 technology (pending). Free (OCBA members); $15 (nonmembers). Speaker: TBD. Register by Apr. 22 through the OCBA Store. Apr. 26 – Bankruptcy Law Committee. Stigma, Prestige and the Cultural Context of Debt: A Critical Analysis of the Bankruptcy Judge’s Non-Article III Status. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (nonmembers). Speaker: Professor Linda Coco. Register by Apr. 24 through the OCBA Store. May 2 – Professionalism Committee. Attorneys’ Fees. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 (pending). Free (OCBA members); $15 (nonmembers). Lunch is provided. Speakers: Hon. Donald A. Myers, Jr.; Hon. Kevin B. Weiss. Sponsored by CenterState Bank. Register by Apr. 30 through the OCBA Store. May 7 – LAS Lunchtime Training. Simple Wills and Special Considerations When Working with LGBTQ+ Clients. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Jamos Mobley, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. May 8 – Elder Law Committee. Details to come. May 10 – Labor & Employment Committee. Details to come. May 13 – Brown Bag Luncheon with Tanya & the Bobs. Paternity & Child Support Issues. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 (pending). Speakers: Hon. Alice Blackwell; Hon. Alicia Latimore; Hon. Heather Higbee. Seating is limited. RSVPs are requested. Contact: Cindy Brown at ctjacb1@ocnjcc.org. May 16 – Professionalism Committee & Legal Marketing Association. Facing the Challenges: Women in the Law. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Free (OCBA members); $15 (nonmembers). Speakers: Jennifer Dixon, Esq.; Sarah Pape, Esq.; Deborah Mitchell, Esq.; Kelly Garcia, Esq. Register by May 14 through the OCBA Store. May 21 – LAS Lunchtime Training. Adoption IS Possible in Dependency. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Daniela De Assis, GAL Case Coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. May 31 – Bankruptcy Law Committee. Details to come.
An n o unce ments
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CLASSIFIED ADS EMPLOYMENT PEARSON DOYLE MOHRE & PASTIS is a growing firm in Maitland seeking an Attorney with 1-3 years of experience in Insurance Defense and/or Medical Malpractice Defense. Must have excellent legal research and writing skills, with experience in attending hearings, depositions and preparing reports, motions, and discovery. Must be licensed in Florida. Salary commensurate with background and experience. Please submit cover letter and resume to acunningham@pdmplaw. com. BANKER LOPEZ GASSIER is currently recruiting for an experienced workers compensation associate. Candidates must have at least 2 years work comp experience and an active license with the Florida Bar. Please send resume and cover letter to attorneyrecruiting ©bankerlopez.com. TRANSACTIONAL REAL ESTATE ASSOCIATE ATTORNEY: the Lowndes law firm, an established leader in real estate law with a national practice, is seeking an associate to join a sophisticated real estate practice group in its Orlando office. Candidates must have at least two years’ real estate experience, which experience should include: negotiating and drafting purchase and sale agreements and commercial leases; title and survey review and analysis; and negotiations and preparation of commercial loan documents. Candidates PAGE 42
must be organized, efficient and possess a strong work ethic. The firm provides an outstanding platform for long-term success, a comprehensive compensation package commensurate with experience and a generous benefits program. Please forward your resume and cover letter to hiring. partner@lowndes-law.com ESTABLISHED DOWNTOWN ORLANDO CIVIL DEFENSE LAW FIRM is seeking an experienced litigation paralegal to work with senior partner. Candidate must have minimum of 5 years’ civil litigation experience, with superior writing, research and communication skills. Must also be organized, motivated, familiar with medical terminology and proficient in the use of document management and trial presentation software. Position offers competitive salary and benefits, commensurate with experience. Resumes to gmaffey@bellroperlaw. com. ESTABLISHED DOWNTOWN ORLANDO CIVIL DEFENSE LAW FIRM SEEKS an associate attorney with 3 to 5 years’ local government experience, to work with board certified partner. Candidate must have excellent academic qualifications, with strong research and advocacy skills. Must also be organized, motivated and ambitious. Competitive salary and benefit package dependent upon qualifications. Resumes to gmaffey@ bellroperlaw.com.
To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association Orlando, FL 32801
THE LAW FIRM OF FISHER RUSHMER, P.A. is seeking commercial litigation associate with 3 - 5 years’ experience. Portable book of business a plus. Generous benefits package available. Please reply with your resume to: lskinner@ fisheralwfirm.com. DSK LAW, FOUNDED IN 1976, is one of the largest law firms in Central Florida with offices in Orlando, Tampa, Melbourne and Tallahassee is seeking candidates for an attorney to service Legal Service Plans administered in its Orlando Office. 5+ years of experience in civil or criminal matters, transactional and document experience. Exceptional customer service skills for primarily telephone consultations, strong planning, organizational skills and ability to work independently. Send resume to careers@ dsklawgroup.com. DOWNTOWN ORLANDO LITIGATION FIRM IS SEEKING ATTORNEY with 2 years’ experience. Insurance defense experience preferred. Benefits and salary are based on experience. E-mail your resume to dianna@vasko. net. The Orange County Clerk’s Self Help Center is in need of attorneys who speak Spanish, Creole or are ASL certified. The Self Help Center attorneys provide consultations to clients who need information regarding family law, evictions, and small claims. Self Help Center Attorneys can sign up to work for one or more
www.orangecountybar.org
days per month. For more information, please contact Candice Maull at candiced@ ocbanet.org. BI ATTORNEY NEEDED: Established insurance defense law firm seeks trial attorney with 7+ years of trial practice experience. The candidate must have significant first chair experience at trial and should anticipate immediately preparing for and attending trial. A very lucrative compensation package is available for the right person. Send resumes to mheaberlin@gobelflakes. com. SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.
OFFICE SPACE/SALE/ RENT/LEASE/SHARE NEW OFFICE SPACE FOR RENT Downtown 120 E. Robinson Street. All new interior. Walking distance to courthouse, free conference room access and other amenities. Two attorney offices available (parking included) located directly between The Vue and the OCBA Legal Aid Society. Call Selene (407) 344-4837.
theBriefs March 2019 Vol. 87 No. 3
theBriefs March 2019 Vol. 87 No. 3
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OCBA Calendar
April Law Week Luncheon April 25, 2019
MARCH - APRIL - MAY
MARCH
2 Criminal Law Committee Event
YLS Luncheon 11:30 a.m. • Citrus Club & Inclusion Picnic 16 Diversity 12:00 p.m. • Barry University 19 Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training GAL Training: Dependency Drug Court 12:00 p.m. • Marks St. Senior Center 20 Appellate Practice Committee Meeting 12:00 p.m. • Lowndes 26 Civil Rights Law Committee Seminar Fair Housing: An Introduction to Civil Rights Law 12:00 p.m. • OCBA Center Social Committee Meeting 12:00 p.m. • OCBA Center 27 Health & Wellness Committee Meeting 12:00 p.m. • OCBA Center Solo & Small Firm Committee Seminar A Litigator’s Guide to Using an iPad in Your Practice 12:00 p.m. • OCBA Center 29 Bankruptcy Law Committee Seminar Chapter 7 Bankruptcy from a Trustee’s Perspective 12:00 p.m. • OCBA Center
LAW(n) Day 10:00 a.m. • Barry University School of Law 5 Member Perks 8:00 a.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training Taxes & Alimony 12:00 p.m. • Marks St. Senior Center 6 Elder Law Committee Seminar Medicaid Applications: Nuts & Bolts 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Construction Law Committee Meeting 5:00 p.m. • OCBA Center 7 Business Law Committee Seminar Statutory Fair Value & Personal Goodwill in a Corporate Dissolution Action 12:00 p.m. • OCBA Center Criminal Law Committee Meeting 12:00 p.m. • OCBA Center International & Immigration APRIL Law Committee Meeting Elder Law Committee Seminar 12:00 p.m. • OCBA Center 2 TBD 8 OCBA Professionalism Awards Professionalism Committee Ceremony Meeting 3:00 p.m. • Orange County 12:00 p.m. • OCBA Center Courthouse, Jury Assembly Member Perks Room 3 8:00 a.m. • OCBA Center Law Day 5K 9 Construction Law Committee 7:30 a.m. • Harbor Park at Lake Seminar Baldwin Analyzing Structural Fires, Bag Luncheon with 11 Brown Construction Defects, and Tanya and the Bobs Emerging Forensic Technology Jury Selection 12:00 p.m. • OCBA Center 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. 5 Labor & Employment Committee Seminar Room TBD Estate, Guardianship & Trust Committee Seminar 9 Business Law Committee Seminar Probate and Trust Litigation TBD Issues 12:00 p.m. • OCBA Center LAS Lunchtime Training Child Support and Domestic Violence Meeting 13 Lawyers Literary Society 12:00 p.m. • Marks St. Senior Center 12:00 p.m. • OCBA Center Judicial Relations Committee 1 0 Professionalism Committee Seminar Professionalism in Depositions Meeting 11:00 a.m. • OCBA Center 12:15 p.m. • Orange County Courthouse, 23rd Floor Lawyers Literary Society Meeting Judicial Conference Rm. 12:00 p.m. • OCBA Center Social Security Committee Construction Law Committee Meeting Meeting 12:00 p.m. • OCBA Center 5:00 p.m. • OCBA Center Civil Rights Law Committee OCBA Executive Council Meeting Meeting 5:30 p.m. • OCBA Center 4:30 p.m. • OCBA Center YLS Board Meeting Security Committee Meeting 11 Social 5:30 p.m. • OCBA Center 12:00 p.m. • OCBA Center Law Committee Seminar Civil Rights Law Committee 15 Family Get to Know your Judge: Hon. Heather Meeting Higbee and JA Donna Isaacson 5:30 p.m. • OCBA Center 12:00 p.m. • OCBA Center
14
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Embassy Suites by Hilton Downtown Orlando 11:30 a.m.-1:00 p.m. 191 E. Pine St., Orlando, FL 32801 RSVP by April 22 // orangecountybar.org/store Hosted by the OCBA Law Week Committee
YLS Board Meeting 5:30 p.m. • OCBA Center Seminar 12 Real Property Committee TBD YLS Luncheon 11:30 a.m. • Citrus Club 16 Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center 17 Appellate Practice Committee Meeting 12:00 p.m. • Lowndes 18 Intellectual Property Committee Seminar TBD Brown Bag Luncheon with Tanya & the Bobs Frye Standard 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room 19 Family Law Committee Seminar 12:00 p.m. • OCBA Center 23 Technology Committee Seminar The Florida Bar YLD Tech Roadshow 12:00 p.m. • OCBA Center LAS Lunchtime Training The ABC’s of the APD Process 12:00 p.m. • Marks St. Senior Center Social Committee Meeting 12:00 p.m. • OCBA Center 24 Solo & Small Firm Committee Seminar How to Use Technology in Mediation or a Courtroom and Look Like a Million Bucks, Without Spending It! 12:00 p.m. • OCBA Center Health & Wellness Committee Meeting 12:00 p.m. • OCBA Center 2 5 OCBA Law Week Luncheon 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando 26 Bankruptcy Law Committee Seminar Stigma, Prestige and the Cultural Context of Debt: A Critical Analysis of the Bankruptcy Judge’s Non-Article III Status 12:00 p.m. • OCBA Center
MAY
1 Member Perks 8:00 a.m. • OCBA Center Business Law Committee Meeting 12:00 p.m. • OCBA Center Professionalism Committee Seminar 2 Attorneys’ Fees 12:00 p.m. • OCBA Center 7 LAS Lunchtime Training Simple Wills and Special Considerations When Working with LGBTQ+ Clients 12:00 p.m. • Marks St. Senior Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center Elder Law Committee Seminar 8 TBD
www.orangecountybar.org
Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Construction Law Committee Meeting 5:30 p.m. • OCBA Center 9 Social Security Committee Meeting 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 5:30 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center 10 Labor & Employment Committee Seminar TBD 13 Brown Bag Luncheon with Tanya & the Bobs Paternity & Child Support Issues 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room 14 Technology Committee Meeting 12:00 p.m. • OCBA Center Committee 16 Professionalism Seminar
Facing the Challenges: Women in the Law 12:00 p.m. • OCBA Center 1 7 YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar TBD LAS Lunchtime Training 2 1 Adoption IS Possible in Dependency 12:00 p.m. • Marks St. Senior Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center 2 2 Health & Wellness Committee Meeting 12:00 p.m. • OCBA Center 2 3 Installation of Officers Luncheon 11:30 a.m. • Embassy Suites by Hilton Downtown Orlando 27 Memorial Day Office Closed 2 8 Social Committee Meeting 12:00 p.m. • OCBA Center 3 1 Bankruptcy Law Committee Seminar TBD
theBriefs March 2019 Vol. 87 No. 3
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