Issuu

A Publication of the Orange County

Bar Association

Inside this Issue: Presidentâ€™s Message Ride Sharing, Digital Cameras, and Computers: Challenges and Opportunities for the Legal Profession Wiley S. Boston, Esq. October 2016 Vol. 84 No. 8

The Brown Bag Series Draws to a Close Honorable John Marshall Kest

Appellate Practice Committee Will a Notice of Appeal Filed 70 Days After Rendition of an Order in a Civil Case Confer Jurisdiction on the Appellate Court? Barbara A. Eagan, Esq. New Lawyer Training Program 2016

March 2016 Vol. 84 No. 3

3 Business Jury Trials So Far in 2016

3 Verdicts Awarding 100% Damages

The Contingency-Fee Business Litigation Attorneys January 29, 2016

May 13, 2016

March 22, 2016

Max King Realty, LLC v. Ramar LLC, et al.

Safe American Security, Inc., et al. v. Security Systems, Inc., et al.

Florida Outdoor Properties, Inc. v. American Citrus Products Corp., et al.

Description:

Damage to Real Property

Breach of Contracts

Real Estate Commission

Damages Requested:

Jury Verdict:

$423,000

$782,560

$423,000

$784,898

$427,800

Refer Your Clientâ€™s Business Dispute to a Firm that Tries Cases and Wins!

BUSINESS TR IAL GROUP Contingency-Fee Litigation

407.245.3505

w w w.ForThePeople.com/BTG

PRSRT STD U.S. POSTAGE PAID MID-FL FL PERMIT NO. 581

880 North Orange Avenue Orlando, Florida 32801

DELAYED DIAGNOSIS: EVERY DAY COUNTS…

OVER 20,000 PEOPLE DIE OF CANCER EVERY DAY. Early detection is the single most critical factor to successfully beating many cancers. If early indicators and symptoms are ignored or misdiagnosed that can be the difference between life or a death sentence. Our law firm serves as a trusted guide for law firms who need help with their medical malpractice clients. TO LEARN MORE ABOUT HOW WE CAN HELP, CALL TODAY

407.540.0122

M E D I C A L

M A L P R A C T I C E

A T T O R N E Y S

3117 EDGEWATER DRIVE | ORLANDO, FLORIDA 32804

PaulAndPerkins.com

Craftsmanship.

Just as a watchmaker carefully assembles and adjusts the movement of a fine timepiece, our highly qualified mediators and staff attend to the details and timing of your individual resolution. When you put your dispute in our hands, you can rest assured the gears will continue to turn toward settlement.

For more information about Upchurch Watson White & Max, visit UWW-ADR.com or call (800) 863-1462.

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 1

the Briefs

Contents

President’s Message Ride Sharing, Digital Cameras, and Computers: Challenges and Opportunities for the Legal Profession Wiley S. Boston, Esq.

Co-Editors Téa Sisic, Esq. & David A. Meek, Esq.

Legal Aid Society Teaching Tips Tips for Attorneys Handling Their First Family Law Pro Bono Case Angel M. Bello-Billini, Esq.

Associate Editor C. Andrew Roy, Esq. Hearsay Columnist Vanessa A. Braga, Esq.

Professionalism Committee 2017 OCBA Professionalism Award Nominations Catherine T. Hollis, Esq.

OCBA Luncheon Andrae Bailey President and Chief Executive Officer Florida Commission on Homelessness

Board of Governors Report Report from The Florida Bar Board of Governors Mary Ann Morgan, Esq. Paul L. SanGiovanni, Esq. Wayne L. Helsby, Esq.

Appellate Practice Committee Will a Notice of Appeal Filed 70 Days After Rendition of an Order in a Civil Case Confer Jurisdiction on the Appellate Court? Barbara A. Eagan, Esq.

Side Bar Columnist Kimberly A. Lopez, Esq. YLS on the Move Jennifer A. Smith, Esq.

20-21

OFFICERS Wiley S. Boston, Esq., President Elizabeth F. McCausland, Esq., President-elect Richard S. Dellinger, Esq., Treasurer Mary Ann Etzler, Esq., Secretary

OCBA July 2016 Luncheon

22-23

OCBA August 2016 Luncheon

26 OCBA Annual Trivia Contest

EXECUTIVE COUNCIL Jared A. Brooks, Esq. Philip K. Calandrino, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Jamie Billotte Moses, Esq., Ex Officio Brett R. Renton, Esq., YLS President

EXECUTIVE DIRECTOR Kimberly Homer, Esq.

The Brown Bag Series Draws to a Close The Honorable John Marshall Kest

Bankruptcy Committee An Interview with The Honorable Roberta A. Colton, United States Bankruptcy Court Middle District of Florida Erin L. Greene, Esq.

Clerk’s Corner Paralegal Post New Marriage License Process Puts the President’s Message “E” in Easy Meredith Gibson Zornek, FRP Tiffany Moore Russell, Esq. Ninth Circuit Court News Chief Judge Frederick J. Lauten Launches Aggressive Social Media Campaign Julio Semino

Special Thank You to the OCBA Lawyer Referral and Information Service

Legal Aid Society GAL Teaching Tips Volunteer Advocates for Children and Guardians ad Litem: Partners in the Process Mexcye Roberts, Esq.

Legal Aid Society What We Do... Legal Aid Presents Pro Bono Project Awards Catherine A. Tucker, Esq.

YLS on the Move Jennifer A. Smith, Esq. New Lawyer Training Program New Lawyer Training Program 2016 Hearsay Vanessa A. Braga, Esq.

Communications Manager Peggy Storch

Communications Assistant Darshini Ramkarran

Marketing & Sponsorship Manager Amanda Nethero

Announcements New Members

Classifieds

44 Calendar

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 ©2016 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Mark LeGrand, Creative Director, Pro One Video; Derek Smith, Photographer, Sunshine Photographics, Inc. ISSN 1947-3968

PAGE 2

www.orangecountybar.org

Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-422-4551 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-422-4551 Young Lawyers Section 407-422-4551

theBriefs October 2016 Vol. 84 No. 8

President’sMessage

October 2016 Ride Sharing, Digital Cameras, and Computers: Challenges and Opportunities for the Legal Profession

here is an interesting new podcast series available to all of us, produced locally. For those of you who have not experienced it, please consider listening to the Ninth Judicial Circuit’s podcast “Open Ninth” at http://www.ninthcircuit.org/openninth. As of mid-September, there are five episodes available on the site. In the third episode, Chief Judge Frederick Lauten interviews Mark Britton, Esq., the CEO of Avvo. Wiley S. Boston, Esq. In the interview, Mr. Britton describes his personal journey from Montana and Gonzaga University, to the Securities and Exchange Commission, to the law firm of Preston Gates, to serving as general counsel of Expedia, to a year-and-a-half teaching sabbatical in Italy, and back to the United States as the CEO of Avvo. He also shares fascinating thoughts about the need to inspire clients about the benefits of legal services. At the risk of sounding like I am borrowing from former Florida Bar President Ray Abadin, Esq., I would say that listening to the Mark Britton interview may help persuade July Florida Bar Exam Results Have Been Released you that the legal profession must evolve or it will fade away. The challenges that ride-sharing applications are inflicting on taxi companies, what digital cameras did to film, and what computers and printers did

theBriefs October 2016 Vol. 84 No. 8

to the typewriter are analogous to what can happen to us as a profession if we lose our edge, lack a compulsion to innovate, and become complacent. It may take some time, but market shift is likely to happen. While that may be disconcerting, the changes will provide their own opportunities. Just as some taxi drivers have become Uber drivers, opportunities will always exist for those who are willing to work hard to position themselves to serve the market. And, success doesn’t necessarily depend on being able to predict the direction of future changes in the legal markets, or on having the capital to be a first mover. Rather, those who have the best legal expertise and qualifications in the traditional legal service delivery systems should be capable of serving evolving markets, provided they have systems in place to encourage and prioritize innovation and adaptation. But, the ability to adapt is key to long-term success as a provider of any goods or services, including legal services. Mr. Britton goes on to opine that one of the challenges for the legal profession today is that many students become lawyers because they don’t know what else to do and they are following what they perceive to be an attractive paycheck. Those who enter our profession without a passion for the law have dim prospects for both fulfillment and longterm remuneration. Mr. Britton believes that they are likely to burn out. Some do go to law school for the wrong reasons. At the same time, happily, I have seen that the OCBA is populated with those who become lawyers for the right reasons and should enjoy long, fruitful careers in the law; they have the passion to support Legal Aid, and many benefit from and contribute to our active substantive law committees. They are the lawyers who have the ability and passion that is necessary to innovate. Wiley S. Boston, Esq., is a partner with Holland & Knight LLP. He is Board Certified in Real Estate Law in Florida and practices in the area of commercial real estate law, with emphasis on leasing of office, industrial, and retail properties, representation of developers of commercial projects, and real estate finance. He has been a member of the OCBA since 1996.

www.orangecountybar.org

PAGE 3

ProfessionalismCommittee

T Catherine “Kate” T. Hollis, Esq.

2017 OCBA Professionalism Award Nominations

he OCBA and Ninth Judicial Circuit Professionalism Committee’s purpose is to foster and encourage professionalism and civility in the practice of law through continuing legal education, law school outreach, articles in The Briefs, and participation on the Ninth Judicial Circuit Professionalism Panel. Now is the time of year when we begin the process to recognize those who serve as models of professionalism and civility and whose conduct we strive to emulate. We recognize three individuals each year with the following awards: The William Trickel, Jr. Professionalism Award recognizes a practicing attorney whose conduct and career stands as a model of success built on unquestioned professionalism. The award is given to an attorney who has practiced law fifteen or more years in any type of practice. Nominees must possess the following attributes: currently practicing law, career service, service to the community, service to the profession, consistently ethical conduct, courteous demeanor, high moral standards, and professional behavior that transcends mere ethical standards and rules. The Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award recognizes a practicing attorney whose conduct and career stands as a model of success built on unquestioned professionalism. The award is given to an attorney who has practiced law less than fifteen years in any type of practice. Nominees must possess the following attributes: currently practicing law, career service, service to the community, service to the profession, consistently ethical conduct, courteous demeanor, high moral standards, and profes-

sional behavior that transcends mere ethical standards and rules. The James G. Glazebrook Memorial Bar Service Award recognizes a state or federal judge (including state magistrates, county court judges, circuit judges, appellate judges, federal magistrates, district court judges, and bankruptcy court judges) who serves Orange County or hears cases in a district which includes Orange County, who best embodies the following characteristics: service to and support for the legal profession and/ or the Orange County Bar Association and/or the Legal Aid Society of the Orange County Bar Association, Inc.; dedication to professionalism, both in and out of the courtroom; and leadership in promoting the qualities that heighten professionalism, including civility, integrity, and respect for our system of justice. Nomination forms are available on the OCBA website homepage. All nominations must be received by October 31, 2016 to allow time for the Professionalism Committee to complete its indepth nominee review process. If you would like to nominate an individual for one of these prestigious awards, please go to the OCBA website or contact Kim Homer, Esq., to obtain a nomination form. Save the Date! The Professionalism Awards Ceremony will be held Friday, March 10, 2017 at 3:00 p.m. in the Jury Assembly Room at the Orange County Courthouse. Catherine “Kate” T. Hollis, Esq., Whitehouse & Cooper, PLLC, practices business and technology Law. She is chair of the Professionalism Committee and has been a member of the OCBA since 2011.

Professionalism Award Nominations Sought 2017 Awards

he OCBA Professionalism Committee is now accepting nominations for the

William Trickel, Jr. Professionalism Award (attorney practicing 15 years or more) Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award (attorney practicing less than 15 years) James G. Glazebrook Memorial Bar Service Award (state or federal jurist)

These awards are the most prestigious awards presented by the OCBA each year. Recipients must be individuals whose conduct and career stands as a model of success built on unquestioned professionalism, service, civility, integrity, and respect for the legal system. Please consider nominating candidates who are worthy of the honor. Nominating petitions are available on the OCBA website homepage and at the OCBA office. Nominating petitions are due in the OCBA office by 5:00 p.m., Monday, October 31, 2016. If you have any questions, please contact Kim Homer, Esq., Executive Director, at 407-422-4551.

PAGE 4 www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

OCBA LuncheonThursday, October 27, 2016

A Andrae Bailey

Andrae Bailey President and Chief Executive Officer Central Florida Commission on Homelessness

ndrae Bailey has led and partnered with some of the most successful independent sector organizations throughout the United States, working in this field for almost two decades. His goal is to help leaders find collaborative and strategic approaches to creating change that impacts their communities. He strives to work with the top public, business, and faith leaders to bring about results and solutions to critical social issues. He is currently the president and chief executive officer of the Central Florida Commission on Homelessness, a Florida-based nonprofit organization that leads Central Florida’s efforts to end homelessness. In 2015, Governor Rick Scott appointed Andrae to the Florida Council on Homelessness. Andrae graduated from Heritage University and Seminary, and received a Master of Arts of Pastoral Theology. He also completed the Rollins College Crummer School of Business mini-MBA

program and is an instructor at the Edyth Bush Institute for Philanthropy & Nonprofit Leadership. Andrae is also recognized by Certified Fund Raising Executive International as a Certified Fundraising Executive (CFRE). Andrae was named as one of the “Top 40 Under 40” business executives in Central Florida by the Orlando Business Journal, in both 2013 and 2015, was a finalist for the Orlando Sentinel “Central Floridian of the Year,” and in 2015, he was listed in Orlando magazine as one of Central Florida’s “50 Most Powerful People.” In January 2016, Andrae was the recipient of the Orlando Sentinel “Central Floridian of the Year” award, and is the youngest person in the community to have been presented with the honor.

The Ballroom at Church Street 11:30 a.m. - 1:00 p.m.

Sponsored by:

225 S. Garland Avenue • Orlando, FL 32801 Please RSVP by Monday, October 24, 2016 RSVPs will not be accepted after October 24, 2016 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

October 24, 2016

To cancel, contact Marie West at mariew@ocbanet.org.

See cancellation policy on page 8.

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 5

THE SCENIC ROUTE IS ENJOYABLE BUT NOT IF YOU’RE PRESSED FOR TIME.

Start with Practical Law. Take the most direct route with proven Practical Law™ resources. You can save time with up-to-date, straightforward how-to guides, annotated standard documents, checklists, timelines, and more. And now that we’re part of Thomson Reuters, you have everything you need from one trusted advisor.

Begin your FREE TRIAL now at startwithpracticallaw.com

PAGE 6 www.orangecountybar.org

ttheBriefs October 2016 Vol.84 No.8

Board of GovernorsReport

T Mary Ann Morgan, Esq.

Paul L. SanGiovanni, Esq.

Report from The Florida Bar Board of Governors

he Florida Bar Board of Governors met on July 29, 2016. The major actions of the Board and the reports received included: The Florida Bar Board of Governors approved amendments to rules regulating for-profit lawyer referral services that, if approved by the Florida Supreme Court, will: • Change the terminology from “lawyer referral service” to “qualifying provider” throughout. • Subject any referral or matching service as well as any group or pooled advertising program to the rules (Voluntary Bar Lawyer Referral Services are non-profit and are covered under a different rule – Chapter 8). • Delete the requirement that participating lawyers have malpractice insurance, as most Florida Bar members are not required to carry it. • Include new explicit prohibitions against requiring or pressuring participating lawyers to make cross referrals, and additional language against stating or implying that the provider is a law firm, can practice law, or directly provide legal services. • Require services to provide participating lawyers with documentation of compliance with Florida Bar rules. • Keep the following requirements: providers must comply with lawyer advertising

rules, are prohibited from sharing in legal fees, must refer or match consumers only to those authorized to provide services, must respond to official bar inquiries within 15 days, and are prohibited from stating or implying Florida Bar endorsement. Enforcement would occur through the bar’s regulation of the participating lawyers. Developed by the Board of Governors Board Review Committee on Professional Ethics and Technology Committee, the amendments: broaden the application of the rule to cover all referring and matching services to provide the rule’s more long-term effectiveness; make it easier for bar members to understand when they can and cannot participate with a provider; include a takedown provision so that participating lawyers can stop participation with a noncomplying provider within 30 days of Florida Bar notice of its noncompliance without fear of sanction; and assist the public by assuring that providers that comply with bar rules can continue to operate, thereby expanding access to justice. The amendments were filed with the court on August 15. Ninth Judicial Circuit Board of Governors representatives: Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Paul L. SanGiovanni, Esq.; Morgan & Morgan, and Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A. They have been members of the OCBA since 1987, 1985, and 1986, respectively.

Wayne L. Helsby, Esq.

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 7

SpecialAnnouncement

I The Honorable John Marshall Kest

The Brown Bag Series Draws to a Close

t became apparent when I took the bench in the civil division in 2007 in Osceola County and in 2010 in Orange County that many young lawyers were struggling with some basic procedural issues and, in some cases, substantive law issues. Some were sole practitioners who had no apparent mentors; others were from firms but, for whatever reason, had not been exposed to some basic principles of civil trial practice. It was from these almost daily observations that the Brown Bag series was conceived and given form. During the last seven years, seventy-two Brown Bags have been presented on seventy different topics. While not every conceivable topic has been covered, and many have only been given superficial attention, the effort to acquaint young, and not so young, lawyers with tips on “how to” approach certain legal matters and handle various types of issues has been accomplished. I will be rotating out of the civil division in January 2017, and of necessity will have to bring to an end the Brown Bag series. The outlines remain available in electronic format from my judicial assistant, Diane, and she is happy to forward those to anybody who requests them.

FYI: Thank you for helping the OCBA continue to provide this valuable member benefit!

Diane and I both hope that these Brown Bag programs have been useful and, to the degree possible, interesting. While the series may now terminate, specific Brown Bags may be presented on a sporadic basis, on selected topics in the future if the interest exists and time permits. Thanks to all of you who attended and participated. The Hon. John Marshall Kest, Ninth Judicial Circuit Court, has been a member of the OCBA since 1979.

Editors’ Note: The final Brown Lunch, “Tips and Tactics from the Masters,” will be held on October 31, 2016, from 12:00 p.m. to 1:10 p.m., on the 23rd floor of the Orange County Courthouse. Please see “Announcements” in this issue of The Briefs for additional details.

OCBA Luncheon Cancellation Policy The OCBA is happy to provide luncheons throughout the year as a valuable member benefit, but no-shows incur significant charges for the OCBA. If you have RSVP’d and find you cannot attend, please cancel your reservation by the published cancellation deadline. If you do not cancel, we will follow the policy below. First no-show: We will record your reservation as a no-show. Subsequent no-shows: You will be invoiced $35 per missed luncheon. To Cancel: Send cancellation to Marie West at mariew@ocbanet.org. Include the name of the person whose RSVP is being cancelled. Include the date of the luncheon being cancelled. Cancellations by phone will not be accepted.

PAGE 8

www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

Clerk’sCorner

I Tiffany Moore Russell, Esq. Orange County Clerk of Courts

New Marriage License Process Puts the “E” in Easy

am proud to announce we have recently launched another exciting project at the Clerk’s Office that is using cutting-edge technology to enhance the customer experience. This initiative is called eMarriage, or to be more precise, it is our online marriage application process. eMarriage will allow couples to fill out all the necessary paperwork online in advance of visiting one of our offices. The goal is to streamline the process for couples planning a wedding and make getting a marriage license one less thing to worry about. Once they fill out the online application, all a couple has to do is visit one of our six locations to finalize their application. The electronic forms should make a stop at our office that much more convenient for couples. If you are a regular reader of “Clerk’s Corner,” you know by now that using technology to improve services for our customers is one of my big pri-

orities. Our eMarriage project is just one more step in that direction and will enhance the features of our redesigned, informational website at myorangeclerk.com. If you haven’t heard, our new website layout is much more user-friendly and is responsive with smart phones and tablets. We know our customers access much of their information on mobile devices, and this site is making it easier for them to do the same with the Clerk’s Office. Our website averages more than 7 million page views a year, so having a website that keeps up with today’s technology will go a long way to serving our customer’s needs. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

Ninth Circuit CourtNews Chief Judge Frederick J. Lauten Launches Aggressive Social Media Campaign

lorida’s Court Communication Plan actively encourages state courts to use technology and social media to communicate effectively with its citizens. The Ninth Judicial Circuit Court, under the direction of Chief Judge Frederick J. Lauten, has launched an aggressive social media campaign in an effort to comply with the plan and to expand community outreach and education efforts. Podcast The Ninth Circuit’s podcast “Open Ninth” was launched in mid-August 2016 and is the first of its kind among state courts in Florida. Chief Justice Jorge Labarga is featured in the podcast’s inaugural episode. Several episodes have already been added to the podcast listing. Members of the public can access “Open Ninth” at http://OpenNinth. fm (link is external), or through the court’s website at www.ninthcircuit.org, the court’s YouTube or Vimeo channels, or by iTunes subscription.

theBriefs October 2016 Vol. 84 No. 8

Facebook The circuit launched its Facebook page in July 2015. The page provides program and event information, as well as highlights judges and staff. To date, the page has received more than 1,330 likes. To like us on Facebook, click on the following link: https://www.facebook.com/NinthCircuitFl/?view_ public_for=1651451461734135 (link is external). Twitter The circuit ventured into social media by setting up a Twitter account. In addition to posting information about court programs and services, the court also provides emergency notifications and plans to provide information on high-profile cases. Follow us @ https://twitter.com/NinthCircuitFL (link is external) to receive the updated information. Submitted by Julio Semino, Court Support Manager, Ninth Judicial Circuit Court.

www.orangecountybar.org

PAGE 9

SpecialLawyer Referral Service Thank you to the OCBA Lawyer

Referral and Information Service (LRIS) 2015-2016 panel members and LRIS committee members for their participation. The LRIS supports OCBA’s programs, member benefits, and community services! Committee Members: Michael Barber Jamie Billotte Moses Wiley Boston Philip Calandrino Leon Cheek Deborah Cook Ryan Davis Wayne Helsby Mark Jamieson Elizabeth McCausland Suzanne Meehle Mary Ann Morgan Paul SanGiovanni C. Todd Smith Anthony Sos Larri Thatcher Ryan Williams

Panel Members: Austin Aaronson Julie Adams Rasheed Allen Victoria Anderson Louis Andrews II Lenis Archer Marisa Atherley Lynn Aust Walter Bagg Aaron Baghdadi D. Scott Baker Michael Barber Vivionne Barker Luis Basagoitia John Benford Michelle BerglundHarper William Berzak Lyle Bloodworth Joseph Boatwright Douglas Bond Gary Boynton Christopher Brown Steen Brown

PAGE 10

Allison Budnik David Carrera Nathan Carter Larry Cary II Joe Castrofort Leon Cheek, III Nick Childress Nick Congelossi Deborah Cook Richard Culbertson James Cunningham Lee Karina Dani Bryce Davis Shaunda DeBose Daniel DeCiccio Melanie Demps Tushaar Desai James Joseph Dickey Abigail Edelstein Mary Ann Etzler Matthew Farr Rose Marie Feller Michael Ferderigos Matthew Ferry Robert Fisher Russell Frank Charles Franklin Clifford Geismar John Gierach Amy Goodblatt Sylvia Grunor Mark Guralnick Charles Hart

www.orangecountybar.org

Geoff Hoatson Patrick Hogan Justin Infurna John Iriye Gary Israel Iyada Jackson Mark Jamieson Dushyant Jethwa Debra Johnson Rosalind Johnson Kafi Kennedy Swanson Kristopher Kest Stephen Korshak Jon Lambe Lance Leider Henry Lim Warren Lindsey Jessica Lowe Alberto Lugo-Janer Alberto Lugo-Royo James Magee Imran Malik Michael Manglardi Julio Cesar Martinez Lyle Masnikoff Stephen Matzuk Hugh McDonnell Derek Metts Thomas Mooney Charles E. “Gene” Moore, Jr. John Morey Mary Ann Morgan

Paul Morgan Jodi Murphy Thomas Nicholl James Nuebel Justin Peterson T. Bradford Petrino Nicola Popovich Vincent Profaci Cary Rada Andrew Rapacke Hilda Roman Sidney Roman Desiree Sanchez Daniel Sercombe Linda Solash-Reed Kimberly Soto Michael Stites William Sublette Paul Thompson Michael Tomberg Jonathan Torres Jessica Travis Thomas Tukdarian William Umansky Zahra Umansky Richard Valle Roberto Vazquez Kay-Ann Waite Franklin Walden Scott Watanabe Damon Weiss Brian Wilson David Yergey

theBriefs October 2016 Vol. 84 No. 8

Digital / Mobile Forensics, & E-Discovery Experts Florida’s

“

My law ﬁrm hired Data Analyzers to perform data imaging and forensic analysis work and we could not have been happier with

“

their work product.

-Molly Knobler, Associate, Constantine Cannon Washington, DC

DATA ANALYZERS Our certiﬁed experts provide the collection of data, fact ﬁnding, and testimony you need to prevail in your dispute from virtually all electronic devices: Desktops Laptops Smartphones Tablets Servers Memory Cards USB Drives Servers Cloud Storage

Orlando Headquarters

321.206.6718 Nationwide

866.456.DATA

ForensicAnalyzers.com theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 11

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

Available to accept referrals, consult or co-counsel on cases involving physicians, nurses, health professionals or health facilities. Referral fees paid in appropriate cases.

George F. Indest III, J.D., M.P.A., LL.M.

Michael L. Smith, R.R.T., J.D.

• Board Certified by The Florida Bar in Health Law • More than 30 years of legal experience • LL.M. from George Washington University • Admitted in Florida, Louisiana and D.C.

• Board Certified by The Florida Bar in Health Law • B.S. Nova Southeast University • J.D., Stetson University College of Law • Registered Respiratory Therapist • Licensed in Florida

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

• Medicare/Medicaid Audit Defense • Professional Licensing • Medical Malpractice Defense

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM PAGE 12

www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

Legal Aid SocietyGAL Teaching Tips

S Mexcye Roberts, Esq.

Volunteer Advocates for Children and Guardians ad Litem: Partners in the Process

ince the early 1970s, members of the Orange County Bar Association (OCBA) have represented the best interests of our community’s abused, abandoned, and neglected children as devoted Guardians ad Litem (GALs). While this representation occurs in dependency court, GALs, through a collaboration with Legal Aid Society of the Orange County Bar Association, Inc. (LASOCBA) staff, tackle a multitude of legal issues for dependent children, including access to housing, public benefits, health care services, and immigration status adjustment. Clearly, OCBA GALs’ commitment to children is unparalleled. LASOCBA knows how fortunate we are to work in a legal community that understands the need to serve our underserved and deserving children, both in and out of court. The work that GALs do is crucial to pushing life forward for children who otherwise face a very bleak future. I am certain that one key to Orange County’s high GAL productivity is our network of caring lay volunteers who assist GALs in determining the true needs of our dependent children. The LASOCBA Volunteer Advocates for Children (VAC) Program pairs non-attorney volunteers with volunteer attorney GALs to conduct immediate and ongoing visits with dependent children. The VAC conducts a monthly visit with children in their homes, schools, day cares, or any other location to gain valuable information that can then be relayed to the GAL who, in turn, uses that reliable data to advocate for children in dependency court. When visiting children in their homes, the VAC consults with caregivers and relatives to gather current information about the children and their potential needs. Additionally, home visits aid the VAC in establishing a rapport with children. This established relationship ultimately results in the VAC obtaining more reliable and useful information for the GAL’s use in court. When the VAC visits a child’s school, his or her goal is to obtain information necessary to assist the child. For example, if the child is having difficulty with reading or math, the VAC will report the information for the GAL’s use so that the child’s family case manager can ensure that the child receives the tutoring assistance needed to be successful in school. Our VACs come from all walks of life; they are teachers, medical professionals, small business owners, stay-at-home parents, retirees, and more.

theBriefs October 2016 Vol. 84 No. 8

The VACs’ personal experiences enrich the lives of the children they serve. For instance, nurse VACs help review medically needy children’s medical reports and interpret the information so that GALs can understand the documents. As GALs become more familiar with their dependency cases, they can make specific requests of VACs to obtain more precise information, such as requesting that the VAC investigate the feasibility of sibling visitation or determining the child’s feelings about potential placement with a distant family member. Essentially, the GAL serves as the eyes and ears of the court and the VAC serves as the eyes and ears of the GAL! Working together, the GAL-VAC team helps promote the best interest of dependent children quickly and thoroughly. One such successful collaboration occurred with VAC Cynthia Egeli and GAL Marc Consalo, Esq. Together, the team helped a large sibling group that entered the dependency system as victims of physical abuse find the ideal “forever family.” Cynthia was an essential and constant presence in the children’s lives, visiting them in multiple locations, meeting with potential adoptive family members, submitting visit reports for GAL use, and following up with last-minute child requests. Cynthia’s commitment to the children she served as a VAC was so strong that she even sought out and secured a one-time, private grant through her professional realtor connections. GALs speak for the child, and the success of Orange County GAL-VAC collaborations speaks for itself. LAS is committed to serving GALs through the amazing work of our VACs, just as GALs are committed to serving our community’s dependent children. For more information on GAL advocacy and the Volunteer Advocates for Children Program, please contact: Mexcye Roberts, Esq., at mroberts@legalaidocba.org, or 407-841-8310. For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Development Director at dhaynes@legalaidocba.org, or 407-515-1850. Mexcye Roberts, Esq., is a staff attorney and the GAL Program Volunteer Advocates for Children Coordinator at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2015.

www.orangecountybar.org

PAGE 13

SAVE THE DATE! To benefit the

Legal Aid Society of the Orange County Bar Association, Inc.

Thursday, November 3, 2016 7:30 a.m. until 9:00 a.m. Presidential Ballroom at Church Street Station 225 South Garland Avenue, Orlando, FL 32801 Parking limited (Reservations Required)

SPONSORSHIPS AVAILABLE:

Platinum Gold Silver Copper Bronze

$10,000 $5,000 $2,500 $1,000 $500

SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials.

For sponsorship or to make donations, visit:

www.legalaidocba.org

Go to Donation Tab, By Donation Note: 2016 Breakfast of Champions FOR MORE INFORMATION CONTACT:

Donna Haynes, Development Director (407) 515-1850 or boc@legalaidocba.org PAGE 14 www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

Legal Aid SocietyWhat We Do... Legal Aid Presents Pro Bono Project Awards

t the August 25, 2016, OCBA luncheon, the Legal Aid Society of the Orange County Bar Association, Inc. recognized Glenn A. Adams, Esq., Victoria Anderson, Esq., Michael Ferrin, Esq., and Leanne A. Levett, Esq., for their outstanding pro bono work. The attorneys are the recipients of the 2016 Projects Pro Bono Awards.

2016 Business Law Pro Bono Project Award Recipient Glenn A. Adams, Esq. Glenn Adams, Esq., executive partner of the Orlando offices of Holland & Knight, was honored for his work with the Business Law Project through the Edyth Bush Institute for Philanthropy & Nonprofit Leadership at Rollins College. He was admitted to The Florida Bar in 1988 and has participated in the Legal Aid Society’s pro bono panel since 1989. Glenn has contributed through a variety of pro bono work over the past 25 years, including handling Guardian ad Litem cases. He has served on the Legal Aid SoGlenn A. Adams, Esq. ciety’s board of trustees and as its president. He recently stepped down after nine years of service because of term limits. Since the creation of the Business Law Project with the Philanthropy & Nonprofit Leadership Center, Glenn has accepted referrals to assist non-profits with legal issues and is one of the organization’s most active participants. He has helped six organizations since 2011, donating more than 200 pro bono hours.

Victoria L. Anderson, Esq.

2016 Community Education Pro Bono Project Award Recipients Victoria L. Anderson, Esq., and Michael Ferrin, Esq. Victoria Anderson, Esq., and Michael Ferrin, Esq., Anderson & Ferrin, Attorneys at Law, P.A., were admitted to The Florida Bar in 2007

theBriefs October 2016 Vol. 84 No. 8

and joined the Legal Aid Society’s pro bono panel in 2008. The husband and wife team has supported Legal Aid’s largest community education project event, sealing and expungement, where individuals who may qualify to have their criminal records sealed or expunged are screened for eligibility. A dozen events are held each year, and the firm accepts a substantial number of cases. Since joining the panel, Victoria and Michael have accepted more than 80 cases and donated more Michael Ferrin, Esq. than 350 hours on closed cases. 2016 Telephone Screening Pro Bono Project Award Recipient Leanne A. Levett, Esq. Leanne Levett, Esq., Levett Mediation, was admitted to The Florida Bar in 1986. She joined the Legal Aid Society’s pro bono panel in 2010, after having previously volunteered with Seminole Legal Aid Society. She has participated in Saturday Telephone Screening since 2012, contributing more than 80 hours. She encourages volunteer work, and enjoys providing “guidance to help connect legal aid and community resources to our neighbors facing a crisis.” She is an experienced mediator and arbitrator, assisting in the resolution of disputes in family, dependency, circuit civil, appellate, federal, and insurance issues. She is also involved in community charity projects and donates her book, Sleep Angel Sleep, to children Leanne A. Levett, Esq. in need. Submitted by Catherine A. Tucker, Esq., Pro Bono Coordinator at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 1998.

www.orangecountybar.org

PAGE 15

Legal Aid SocietyTeaching Tips

Angel M. Bello-Billini, Esq.

Tips for Attorneys Handling Their First Family Law Pro Bono Case

ou have received your first assignment, a dissolution of marriage with custody issues. You think you are ready and, anyway, you have LAS’ support staff to reach out to in case questions come up. No problem. But what about client dynamics and mistakes to avoid, both preand post-filing? Let’s see. Personalities and Personal History Matters Get to know the parties to the case and their personalities. If possible, get their individual histories as well as their history within the family. This might give you some hints as to how receptive they will be to legal advice and following the parenting statute and court orders. Be sensitive to cultural differences and how they may affect all of the above. Be concerned with anyone who shows signs of substance abuse, a history of antisocial behavior, or relevant mental health issues. Observing, listening closely, and reviewing personal history will tell you a lot. Get the History and Concerns in Writing In the case of your client, get the story and list of concerns in writing before your first meeting. It is a good introduction to the case and reference point if representations and goals change as the case progresses, and it may protect you against the “I never said that.” Meeting with the Client and Addressing Expectations Set parameters from the start and control the meeting. Begin by generally confirming the client’s goals. Then go over the applicable laws in the areas likely to be in contest, such as custody. Go into detail and make sure the client understands. You are now ready to have a general discussion about the case and your client’s concerns. Steer the discussion so that it tells you what you need to know to accomplish the goals. Either now or later, you will have to communicate your assessment: be understanding, but be frank and honest; do not sugar-coat things. Never promise a particular result. Carefully review what the law and the courts expect from the parties (e.g., the parental code of conduct), as well as reasonable expectations in general. This will probably be your first difficult hurdle, because for many clients this will be their first opportunity to tell a professional all the “gory” details of their painful situation. An uncontrolled narrative could go on forever, and while there

PAGE 16 www.orangecountybar.org

may be a therapeutic benefit to the client, it will play havoc with your time. On the other hand, it may tell you a lot about your clients and the perceptions they have about the world around them, their expectations, and so on. Mandatory Disclosure Some clients become relaxed with document production once a case is filed. Time is of the essence, and it is foolhardy to be caught in a situation that requires frequent and desperate communications with your client in order to get all the necessary documents. Opponent’s Compliance You need this information to assess and discuss settlement. Compel if you have to. Avoid automatically sending out standard discovery, particularly where folks do not make much money, unless something attracts your attention in their compliance. Temporary Relief Disputes about money or timesharing and a failed mediation? Don’t waste time. The situation needs resolution. File your motion. Ongoing Problems with the Other Party Make use of the status and case management conference options, be detailed about the issues, and schedule enough time for the court to hear and understand what is going on. File a motion in limine if evidentiary questions are in play. Do not wait until the hearing. I hope that the above will assist you in putting all your training and energy to work. Thank you for providing access to justice to lowincome families in Orange County. Should you have any questions, feel free to reach out to me at 407-841-8310, or abello-billini@legalaidocba. org. If you would like to participate at our annual fundraiser, the 9th Annual Breakfast of Champions, please contact Donna Haynes, Director of Development, at 407-515-1850, or boc@legalaidocba.org. Angel M. Bello-Billini, Esq., is the Director of Litigation at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1986.

theBriefs October 2016 Vol. 84 No. 8

Major Seminars

Mark Your Calendars Oct. 14

Estate, Guardianship & Trust Committee Major Seminar

Opening the Chamber of Secrets: What You Need to Know for Your Estate Planning Practice OCBA CENTER

Oct. 19

Elder Law Committee Major Seminar

Clients from Cyber Pickpockets on the Prowl and How to Cope with the Sad Cases OCBA CENTER

On the cover: Judges in alphabetical order with their alma maters: Faye L. Allen Alan S. Apte Maureen Bell Jeanette Dejuras Bigney Deb S. Blechman Mark S. Blechman Andrew L. Cameron Tina Caraballo Keith A. Carsten Nancy L. Clark Brian F. Duckworth Heather Higbee Steve Jewett John E. Jordan Sally D.M. Kest

· · · ·

Running a Profitable Small Practice While Maintaining Ethical Compliance OCBA CENTER

Oct. 21

Florida Certified Circuit and County Court Mediator

Paralegal Section Annual Fall Seminar

Intellectual Property Updates: What IP Attorneys Need to Know OCBA CENTER

The Team at Heinkel Tax Law Group includes a former IRS Appeals Officer; a CPA; EAs; a tax attorney and a criminal tax attorney. The Heinkel Tax Team has a combined average experience of over 30 years fighting the IRS and DOR. You can trust YOUR clients to the Heinkel Tax Team. Make the referral and make your clients happy you did. We deeply appreciate all of our many referral relationships built over the years, and strive to establish trust and confidence in your clients, that we will try to resolve their tax dilemmas. You can trust in our skills, and having a rewarding referral relationship with us.

Details regarding topics, CLE, speakers, and fees will be posted online and included in e-blasts as information becomes available. orangecountybar.org theBriefs October 2016 Vol. 84 No. 8

Winter Park, Florida

Look No Further than the Team at Heinkel Tax Law Group!

The Empowered Professional SECOND HARVEST FOOD BANK

Intellectual Property Committee Major Seminar

(407) 246-8696 mhatchette@whww.com www.whww.com

Have Clients with IRS Problems?

Oct. 22

Nov. 4

Florida State University University of Florida University of Central Florida Furman University University of Florida University of Florida University of Florida Florida State University Stetson University and Army Duke University Stony Brook University Michigan State University Union College University of Florida Ball State The University of Florida

Experienced, Knowledgeable & Respected Over 16 years litigating complex business and real estate disputes A solid understanding of the multiple layers of issues and concerns facing all parties Served as counsel for both insureds and insurance companies Available throughout Florida

Solo & Small Firm Committee Major Seminar

Real Estate Issues Within Family Law – The Dos and Don’ts OCBA CENTER

John Marshall Kest Alicia L. Latimore Adam McGinnis W. Michael Miller Lisa T. Munyon Mike Murphy Donald A. Myers, Jr. Heather Pinder Rodriguez Charles N. Prather Margaret H. Schreiber Elizabeth Starr Patricia L. Strowbridge Janet C. Thorpe Emerson R. Thompson, Jr. Thomas W. Turner Christi L. Underwood

Mya M. Hatchette – Mediator

Oct. 20

Family Law Committee Major Seminar

Florida A&M University & Florida State University University of Miami University of Florida University of Illinois University of Florida & University of Central Florida University of Florida Michigan State University University of Florida University of Florida University of Florida University of Florida University of Florida University of Florida University of Florida Florida State University

Orlando - Daytona - Melbourne:

(407) 629-5923

www.orangecountybar.org

PAGE 17

Appellate PracticeCommittee

M Barbara A. Eagan, Esq.

Will a Notice of Appeal Filed 70 Days After Rendition of an Order in a Civil Case Confer Jurisdiction on the Appellate Court?

ost readers would answer the title’s question with a resounding, “No!” Appellate practitioners and trial lawyers in Florida are typically well aware that Florida Rules of Appellate Procedure 9.110(b) and 9.130(b) mandate that a notice of appeal be filed within 30 days of rendition of a final order or an appealable non-final order in a civil case. Most would also know (or should know) that this time limit for filing must be met or the appellate court is without jurisdiction to review the case. The jurisdictional time frame is not subject to modification by a district court of appeal, for any reason, at any time, under Florida law. However, the Second District recently identified circumstances where the federal law, specifically, the bankruptcy code provisions pertaining to automatic stays and time extensions, do appear to alter the Florida rules establishing jurisdiction.1

This article will examine two recent cases implicating the Supremacy Clause of the United States Constitution and leave for debate what appears to be an emerging question of procedural law in Florida. On February 6, 2015, the Second District issued an opinion in the case AmMed Surgical Equipment, LLC v. Professional Medical Billing Specialists, LLC.2 In this case, the court was tasked with determining whether it had jurisdiction to review a non-final, appealable order where Appellant, AmMed Surgical Equipment, LLC (“AmMed”) (defendant below) filed a notice of appeal a full 70 days after the order’s rendition. One would think that deciding the jurisdictional issue would be simple and straightforward for the court since the 30-day time frame had long expired, but there was a significant hitch. AmMed had filed a petition for bankruptcy 10 days after rendition of the preliminary injunction order subject to the appeal. After receiving the notice of appeal, the Second District issued an order to show cause to AmMed directing it to explain why the appeal should not be dismissed as untimely. Ultimately, the court in AmMed entered an opinion discharging its order, “so that the appeal may proceed once the bankruptcy stay is fully lifted.” In its opinion discharging the order to show cause, the Second District recognized that the federal bankruptcy code mandates that the filing of a petition in bankruptcy operates as a stay, both to PAGE 18

www.orangecountybar.org

the commencement and continuation, of a judicial action or proceeding against the debtor.3 The court concluded that the filing of a notice of appeal is a continuation of a judicial proceeding against AmMed – despite the fact that AmMed was the party bringing the appeal. In making this determination, the Second District relied upon In re Hoffinger Industries, Inc., a decision of the federal Eighth Circuit Court of Appeals.4 The Second District ruled that the Supremacy Clause of the United States Constitution requires state law (here, provisions of Florida Rule of Appellate Procedure 9.130(b) pertaining to filing deadlines) to yield to federal law, because the application of Florida law would interfere with federal law and “compliance with both federal and state legislation is a physical impossibility.” Quite simply, if the case is stayed, the appellant could not adhere to the 30-day filing provision. While the state law establishes that the 30-day time frame is jurisdictional, federal law is clear that a notice of appeal that follows the filing of a Chapter 11 petition is void and, thus, ineffective. For these reasons, the Second District decided it could not obtain jurisdiction to review the case until after the bankruptcy stay lifted.5 The Second District reasoned that under the Bankruptcy Code provisions pertaining to extensions of time (11 U.S.C. § 108(c)), AmMed had 30 days after the expiration of the stay to file its notice of appeal.6 Since AmMed met this requirement, its appeal could proceed. In the more recent case, Hewett v. Wells Fargo Bank, N.A., decided on June 1, 2016, the Second District honed its reasoning in AmMed and raised important, but unanswered questions.7 The Hewett case is similar to AmMed, except that in Hewett, the Bankruptcy Code abolished Mr. Hewett’s (a homeowner seeking appellate review of a final judgment of foreclosure) right to appellate review. By way of background, Mr. Hewett (defendant below and proceeding pro se) timely filed his notice of appeal of a final judgment of foreclosure in favor of the lender. However (and fatally for him), he had filed in federal court a petition for bankruptcy 7 days before filing his notice of appeal in the Florida court. The lender moved to dismiss the appeal on grounds that the notice of appeal was void. The Second District found the motion to be “well taken.” In dismissing Mr. Hewett’s apcontinued page 28

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 19

Tad Yates, Esq.

Wiley S. Boston, Esq., OCBA President Eddie Fernandez, Esq., Tiger Bay Club President

100% Club – Lim & Associates, P.A. – Henry Lim, Esq., HBACF President; Liz McCausland, Esq.

LexisNexis

100% Club – Law Offices of Amber Jade Johnson, P.A. – Amber Jade Johnson, Esq.; Liz McCausland, Esq.

PAGE 20

www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

OCBA July Luncheon

Mayanne Downs, Esq.

July 28, 2016

The Ballroom at Church Street Co-hosted by the Tiger Bay Club of Central Florida Sponsored by Data Analyzers, First GREEN Bank, Lexis Nexis

Ava Doppelt, Esq.

Wiley S. Boston, Esq., Chief Judge Frederick J. Lauten; Eddie Fernandez, Esq.

Molly Cox Nardella, Esq., Tiger Bay Club, Director

Bill Cowels, Supervisor of Elections; Kathy Pierson Photos: Jessica Leigh

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 21

Kimberly Hosley, Esq. Glenn A. Adams, Esq.

Kimberly Hosley, Esq. Leanne A. Levett, Esq.

Michael Ferrin, Esq., Kimberly Hosley, Esq., Victoria L. Anderson, Esq.

David Cannella, Esq. Nikki Rodeman

Cynthia Schmidt, Esq. Nikki Rodeman

Photos: Jessica Leigh PAGE 22

Liz McCausland, Esq., presents 100% Club Certificate to Matthew Mokwa, Esq., Jason Fraxedas, Esq., The Maher Law Firm, P.A.

Wiley S. Boston, Esq., President, OCBA; Linda A. Klein, Esq., President, ABA; Liz McCausland, Esq.; Randi Starrett www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

OCBA August Luncheon Linda A. Klein, Esq. President, ABA

August 25, 2016

The Ballroom at Church Street Linda A. Klein, Esq., President American Bar Association, 2016-2017 Co-hosted by the Central Florida Association for Women Lawyers Sponsored by Data Analyzers, First GREEN Bank, Lexis Nexis

Wiley S. Boston, Esq.

Members of Central Florida Association for Women Lawyers with Linda Klein, Esq.

Randall Ellington Robert Rasch, Esq., Matthew Mokwa, Esq.

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 23

THE ART OF THE REFERRAL

All Treats, No Tricks Donut Drive-Thru

Monday, October 31, 2016 7:30 a.m. – 9:00 a.m. OCBA Center Drive through the OCBA parking lot on Halloween morning and receive a complimentary coffee and donut! It’s our way of saying thanks for being a member of the OCBA!

Where Would You Turn

for a tried and true solution that has already stood the test of time?

Intellectual Property Law can be arcane and confusing to the uninitiated. If your firm is without an Intellectual Property Department or the adequate expertise or resources, you and your clients’ I.P. legal issues could be best served by working together with us, a highly-recognized, well-established, well-practiced Intellectual Property law firm. Every attorney in our firm is an Intellectual Property attorney. Most are Shareholders, Registered Patent Attorneys, many are Board Certified, all are dedicated professionals.

Numbers that Stand Up to Scrutiny

Consider protecting your clients‘ brainstorm with the brain trust of Allen, Dyer, Doppelt, Milbrath & Gilchrist, an Intellectual Property law firm established in 1972. ADDM&G has protected the intrinsic rights of clients’ original ideas and unique technologies through the application of patents, trademarks, copyrights, licensing, infringement, trade secrets and unfair competition protection, business litigation and counseling for

There are enough surprises in complex litigation.

44 years. ADDM&G serves clients locally, statewide, nationally and internationally.

The evidence delivered by your financial expert shouldn’t be one of them. Whatever the situation, clients count on RGL.

RGL delivers financial analysis that withstands the toughest scrutiny. ■

Forensic and Investigative Accounting

■

Quantification of Economic Damages

■

Litigation Support

■

Business Valuation

Diane L. Womack CPA, CVA, CFF, CFE E dwomack@rgl.com Orlando Office 390 N Orange Avenue Suite 1890 Orlando, FL 32801 T +1 407 217 6900 Briggs Stahl CPA, ABV, CFF, CBA E bstahl@rgl.com Tampa Office 8626 N Himes Avenue Tampa, FL 33614 T +1 813 963 0313

Asia | Australia | Europe | North America | South America

rgl.com

Orlando  4078412330 | Jacksonville  9043987000* | Miami  3053748303 Tampa  8136394222* | Winter Springs  4077965064 | www.addmg.com Listed in Intellectual Property Today as: 22ND in the nation for trademarks issued Top 100 in the nation for patents issued

 Patents  Trademarks  Copyrights  Litigation 

PAGE 24 www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

Thursday, October 6, 2016 ///// 5:30 p.m.-8:30 p.m. World of Beer ///// 431 East Central Boulevard, Orlando, Florida 32801 Enjoy a selection of unlimited draft beers and wines, a variety of hors d’oeuvres, and a silent raffle. Registration deadline: October 4, 2016 /// Registration fee: $15 /// Late registration and at the door: $25 Silent raffle sponsored by the participating voluntary bars. To provide a raffle item, contact Sheila Sullivan at sheila@mensdlf.com. Each attendee will receive a raffle ticket. Additional raffle tickets may be earned with the donation of a non-perishable item, to be donated to the Second Harvest Food Bank. 1 non-perishable item = 1 additional raffle ticket.

Insur ance Cover age and Bad Faith We represent individual and corporate policyholders in disputes with insurance companies.

For more information about our practice, please visit our website at www.vpl-law.com or call us at 407.380.9312 Capital Plaza Two l 301 East Pine Street, Suite 790 l Orlando, Florida 32801

Helping businesses and individuals in coverage and bad faith disputes with their insurance companies since 1995. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

theBriefs October 2016 Vol. 84 No. 8 Insurance Ad_P1.indd 1

www.orangecountybar.org

PAGE 25

10/27/14 3:21 PM

OCBA Annual Trivia Contest August 18, 2016

Ferg’s Depot Sponsored by Milestone Reporting

Broke Ankle Mou nt Tom Wert, Esq.; M ain – 2nd Place – Nick Buonicont i, Esq.; ike Wilson, Esq.; Ni Bill Sublette, Esq. kki Rodeman;

; Shannin, Esq. t Place – Nick cCullars, Esq.; 1s – n ai Ag at M re Make Trivia G ; Sarah Rumpf, Esq., Christi ) Nikki Rodeman ad Yates, Esq., not pictured (T Bill Davis, Esq.

Red Hot Trivia Peppers - 3rd Place – Tiffany Wax, Esq.; Jessica Travis, Esq.; Nikki Rodeman; Tom Feiter, Esq.; Kenny Cantrell, Esq. (David Evelev, not pictured)

PAGE 26 www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

BankruptcyCommittee An Interview with The Honorable Roberta A. Colton United States Bankruptcy Court Middle District of Florida

Erin L. Greene, Esq.

The Honorable Roberta A. Colton

Erin Green: Where are you from originally? Judge Roberta Colton: I was born in New York City but raised in New Jersey. Q: Where did you go to undergraduate and law school? A: Undergraduate – University of Virginia (McIntire School of Commerce); Law School – College of William & Mary. Q: Do you have any hobbies? A: Yoga and hiking. Q: Can you tell us about your legal career? A: I started out as a law clerk for Judge James C. Hill on the U.S. Court of Appeals in Atlanta. After completing my clerkship, I joined Trenam Law in Tampa, where I remained for 33 years. Q: When did you know you wanted to be a judge? A: It was always in the back of my mind, but it took a while before I felt qualified. Q: What judges did you admire in your career and why? A: Judge Paskay basically taught me bankruptcy law. Judge Williamson has been a friend and a mentor on many fronts for many years. Q: How has the transition from lawyer to judge been? A: It has been wonderful. All of the judges have been so supportive and helpful. Judge Jennemann has been especially helpful in introducing me to Orlando. Q: What’s been the most difficult thing you have encountered since taking the bench? A: Commuting. I have cases in Tampa, Orlando, and Jacksonville. Notably, I am not the world’s greatest driver. Q: What’s been the best thing about being judge? A: The robe. You can wear anything underneath. Seriously, I always loved being in court and now I can be there all the time.

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

Q: Although you’ve only been on the bench a short time, what is your biggest pet peeve in dealing with bankruptcy attorneys – both debtor and creditor side? A: Lawyers who do not appear to care about their clients. Fortunately, there are not many. Q: Do you have any advice for attorneys who are hoping to become a judge one day? A: Be trustworthy and fair in the practice of law and in life. Q: What person, dead or alive, would you most like to have dinner with and why? A: My dad. He died when I was still a little girl, and I just want to confirm that he has been guiding me my whole life. Q: If you were stuck on a deserted island, what three items would you bring with you? A: A hotel, electricity, and an air conditioner. I don’t do camping well. Q: What are you most grateful for recently? A: My family, my friends, and my appointment as the bankruptcy judge for South Dakota.1 Erin L. Greene, Esq., Erin L. Greene, P.A., practices in the area of bankruptcy, probate, and family law. She is the current chair of the OCBA’s Bankruptcy Law Committee and has been a member of the OCBA since 2003. Editor’s Note: Judge Colton was appointed as a bankruptcy judge by the United States Court of Appeals for the Eighth Circuit for a vacancy available in South Dakota. However, through a memorandum of understanding between the Eighth Circuit and the Eleventh Circuit, Judge Colton’s duty station is in Orlando, Florida, and serving the Middle District of Florida.

PAGE 27

Appellate Practice Committee continued from page 18

peal, the court reviewed the principles it enunciated in AmMed, specifically that (1) a notice of appeal is a continuation of a judicial proceeding, (2) the Bankruptcy Code prohibits continuing a proceeding during an automatic stay period, and (3) a majority of federal jurisdictions have determined actions, such as filing a notice of appeal, are void.8 Because Mr. Hewett failed to file a notice of appeal after the lifting of the bankruptcy stay, he had no further recourse in the appellate court. This is a “gotcha” no pro se litigant, and very few attorneys, could have ever envisioned. In its opinion, the court expressed reservations based upon the fact that the Bankruptcy Code does not resolve the procedural method to measure jurisdictional deadlines once an automatic stay lifts. While the Bankruptcy Code does contain extended substitute deadlines for continuing a civil action (11 U.S.C. § 108(c)), the Florida district courts do not have the authority or power to “engraft” such provisions into the appellate rules. Only the Supreme Court of Florida has the power to adopt procedural rules concerning the time for seeking appellate review. As the Second District recognized, it is entirely unclear as to whether Congress holds such power. Under the Constitution of the United States, Congress has plenary power to establish uniform laws on bankruptcy applicable throughout the United States.9 However, does that constitutional power extend to the alteration of judicial procedures within state court proceedings? The Supreme Court emphatically ruled in John v. Paullin, “[w]ithout any doubt it rests with each state to prescribe the jurisdiction of its appellate courts, the mode and time of invoking that jurisdiction, and the rules of practice to be applied in its exercise; and the state law and practice in this regard are no less applicable when Federal rights are in controversy than when the case turns entirely upon questions of local government or general law.”10 In sum, are not the states sovereign over state procedural matters? The issue of whether 11 U.S.C. § 108(c) may affect the procedural filing deadline of Florida Rule of Appellate Procedure 9.110(b) following termination of the automatic stay has apparently never been decided by any federal court. This leaves the Florida courts with “an appellate rule that does not speak about bankruptcy and a bankruptcy statute that may not be able to speak to our appellate rules.”11 Hawaii is one state that appears to have adopted an appellate rule consistent with the bankruptcy code. In Hewett the Second District suggested that The Florida Bar Appellate Court Rules Committee should examine whether to follow suit.12 In conclusion, it is likely that the other Florida district courts will follow the Second District, but they are not so bound. For now, this author would opine that best practices in an appellate case that becomes ripe during bankruptcy proceedings would be to request the bankruptcy court lift the stay so that one may file a notice of appeal during the 30 days from an order’s rendition. If this should be impossible, file the notice within the 30 days from the lifting of the bankruptcy stay. Barbara A. Eagan, Esq., practices appellate law with her firm Eagan Appellate Law, PLLC. She is Florida Bar Board Certified in Appellate Practice and serves on The Florida Bar Appellate Practice Board Certification Committee. She is a former chair of the OCBA Appellate Practice Committee (2010) and has been an OCBA member since 1995.

329 F.3d 948, 953 (8th Cir. 2003). AmMed Surgical Equip, LLC, 162 So. 3d at 211 (citing Cassell v. Erquiaga, 28 So. 3d 143, 144 (Fla. 1st DCA 2010) and (and Parker v. Bain, 68 F.3d 1131,1138 (9th Cir. 1995)). 6 No. 2D15-1074; 2016 WL 3065014 (Fla. 2d DCA 2016). 7 41 Fla. L. Weekly D1280 (Fla. 2d DCA June 1, 2016). 8 Branson v. U.S., 46 F.3d 1573, 1577 (Fed. Cir. 1955). 9 Art. I, § 8, cl 4, U.S. Const. 10 231 U.S. 583, 585, 34 S.Ct. 178, 58 L.Ed. 381 (1913). 11 Hewett at 41 Fla. L. Weekly D1280. 12 A review of the Hewett appellate case docket reveals several things not discussed in the opinion that are of interest. Following the filing of the notice of appeal and the suggestion of bankruptcy on March 10, 2015, the Second District granted Hewett an extension of time for filing his initial brief until October 13, 2015, and a second extension until October 27, 2015. The homeowner filed his brief on the latter date. On November 10, 2015, the appellee/lender filed a motion to dismiss and the court granted the motion and entered an opinion dated June 1, 2016. The homeowner, now through counsel, filed a motion for rehearing/rehearing en banc on June 21, 2016, along with a motion to reinstate the appeal when the bankruptcy court retroactively annuls the automatic stay. On July 26, 2016, the lender filed the bankruptcy court order denying Hewett’s motion to annul the automatic stay retrospectively. On July 27, 2016, Hewett, pro se, moved to supplement the motion for rehearing and to certify conflict. The Second District struck Hewett’s motions as untimely, struck the original motions, and denied application to reinstate the appeal. Apparently Hewett’s fatal mistake was failing to file a notice of appeal after the bankruptcy stay had lifted and the bankruptcy court refused to lift the stay retroactively. The original, void notice of appeal was the only notice ever filed. This differs from the circumstances in AmMed, where the appellant actually filed his notice of appeal after the bankruptcy stay had been lifted. 4 5

11 U.S.C. §§ 108 & 362. AmMed Surgical Equip., LLC v. Professional Medical Billing Specialists, LLC, 162 So. 3d 209 (Fla. 2d DCA 2015). 3 Id. 1 2

PAGE 28 www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

ParalegalPost

President’s Message

K Meredith Gibson Zornek, FRP

nowing my predecessors, both professionally and personally, I realized there are some very big shoes to fill. I really had to contemplate what I want to accomplish this year as president of the OCBA’s Paralegal Section. Every president brings a different set of skills and background to the position since it is largely the president who sets the tone and culture for the entire board and organization. So who am I? I am a wife, mother, full-time employee, volunteer, board member, friend, daughter, sister, and aunt. I am kind-hearted, dependable, determined, confident, encouraging, friendly, witty, at times introverted, and sensitive. I have always been a doer and I have always involved myself. These titles and traits all complement each other, and without their combination I would not be who I am. While I juggle these many roles, I always remember to keep the idea that in order to make it work, I first have to make it count. I plan to make the most out of my term as president by maximizing my contribution to you. My job will be to work on the organization not in the organization. One of my favorite quotes is by Google co-founder Larry Page: “Always deliver more than expected.” I have decided this is my mantra for my term of service. I want you to feel that the time you take and the energy you invest are worth it. I want you to feel engaged. I want to ignite your passion and desire to get involved. And how am I going to do that? I am going to aim higher so that you aim higher; I am going to always deliver more than expected. We just had a very successful CLE seminar on effective legal writing presented by The Honorable Dan Traver. The event reached capacity in a few

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

hours and sadly, I had to turn away many people who wanted to attend. This year we are planning some great events and my hope is they will also be well attended. Looking ahead, we have a number of events planned for 2016-2017. Below are October’s events. I hope you will attend. Saturday, October 22, 2016 Annual Fall Seminar The Empowered Professional 7:30 a.m.-5:00 p.m. Second Harvest Food Bank See the OCBA website Paralegal Section page to register. Wednesday, October 26, 2016 Joint Social with Central Florida Paralegal Association I ask for your continued involvement in as many events as possible. I also hope you will encourage colleagues who may not already be involved in the OCBA Paralegal Section to become involved. I will then have the opportunity to “always deliver more than expected.” Please do not hesitate to reach out to me or any member of our board with your questions, comments, or concerns. The OCBA website provides contact information for each of us, so you may reach us directly. I look forward to seeing you at one of our many events. Meredith Gibson Zornek, FRP, BakerHostetler, is president of the OCBA’s Paralegal Section. She has been a member of the OCBA since 2013.

PAGE 29

YLS on the move

Jennifer A. Smith, Esq.

ummer’s cooling off but the YLS is still on fire! Here are a few of the things we have been up to: YLS members collected and donated $1,000 to the OneOrlando fund to benefit those who were victimized by the Pulse attack in June. YLS also organized a blood drive during the July luncheon, where YLS members and other members of the community gave blood in honor of the victims and to replenish the blood supplies lost after the shooting. As a result of these efforts, and others, the Young Lawyers Division of the American Bar Association named the OCBA YLS “Star of the Bar” for the quarter. The YLS was honored at the ABA’s annual meeting in San Francisco in August. On July 21, 2016, YLS welcomed summer clerks at its Law Clerk’s Reception. The event took place at the Orange County Regional History Center and clerks, lawyers, judges, and sponsors mingled in a relaxed setting while enjoying appetizers and drinks. The event had a great turnout, a fantastic flow, and a successful silent auction. Congratulations to Joey Chindamo, Esq., and his committee on a fantastic event. As part of The Florida Bar Young Lawyer Divisions #LiveWell initiative, on July 23, 2016, YLS members met at the Winter Park Racquet Club for paddle boarding. YLS members and their families enjoyed a beautiful Saturday morning on the water and then shared healthy snacks and conversation. This was a great event organized by Amber Davis, Esq., and Alessandra Manes, Esq. Stay tuned for future #LiveWell events with the YLS! On August 2, 2016, YLS and CFAWL co-hosted the annual Backpack Project Happy Hour fundraiser at Kasa. Nearly 100 attendees showed up (despite the weather) to raise money and drop off school supplies for students at Rock Lake Elementary. On Monday, August 8, members of YLS visited A Gift For Teaching, where they stuffed backpacks for the students at Rock Lake with the funds raised through the happy hour. YLS also earmarked funds for backpacks for the students at Great Oaks Village. Event chair Jennifer Seipel, Esq., did a great job of organizing this event. On August 12, 2016, YLS hosted its Beer Olympics Happy Hour at Ferg’s Depot in downtown Orlando. YLS members sported festive patriotic outfits and engaged in tournament play of important beerrelated sports in honor of the athletes competing in the Olympics. Fun was had by all. Call for Mentors! The OCBA-YLS Law Student Mentoring Program needs YOUR help! Mentoring is a rewarding experience for both the mentor and mentee and requires only 10-15 hours of your time over the course of the academic year (October - April). As a mentor, you’ll have the opportunity to introduce “your” law student to the YLS, the OCBA, and the local legal community and help him or her make the transition from law school to practice. For details and to sign up, contact Stephanie Rensch, Esq., at stephanie@therenschlawfirm.com.

PAGE 30

Stay tuned for these upcoming events: Brown Bag Lunch with Judge John Kest: October 13, 2016, is Judge Kest’s final Brown Bag Lunch. Join us for “Tips and Tactics from the Masters,” from 12:00 p.m. - 1:15 p.m. in the 23rd Floor Judicial Conference Room at the Orange County Courthouse. Although RSVPs are not required, please contact Diane Iacone at ctjadi1@ocnjcc so that enough handouts can be prepared. Feel free to bring your lunch; water will be provided. Thank you, Judge Kest, for creating this wonderful series of presentations. The information you and your colleagues have presented over the years has been invaluable to so many of us! YLS October Luncheon: October 21, 2016, is the YLS Mentoring Program Kickoff Luncheon at the Citrus Club. Tony Sos, Esq., former YLS president and recipient of the 2015 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award, will speak briefly and then allow attendees to have a chance to socialize. The YLS luncheon is a great opportunity to meet and network with other YLS members and judges, as well as learn about interesting topics and upcoming events. To RSVP, go to the OCBA store, or RSVP via email to Rachel Lowes, Esq., at yls.ocba@gmail.com, and bring cash, check, or a credit card (for a small fee) to pay at the door. For a three-course meal, the cost is only $10. A late charge of $5 will be added for all RSVPs made after the Wednesday before the luncheons. We look forward to seeing you at the luncheon, and we extend a big thanks to our amazing sponsors, Keiron Partners, ESI Consulting, and Nick Buoniconti Mediation. YLS WRCC Halloween Party: October 27, 2016, YLS will host its fourth annual Halloween party for the children residing at the Women’s Residential Counseling Center. The committee is seeking volunteers to assist with the party, including decorating, passing out costumes and treats, and assisting kids with arts and crafts, as well as a performance of the Big Bad Wolf mock trial. Volunteers are needed from about 5:00 p.m. to 9:00 p.m.; however, volunteers are welcome to sign up for a shift if they are unable to attend the whole evening. If you are interested in volunteering to assist with the party or the mock trial, please contact Andrew Irvin, Esq., at andrew@rfgreenlaw.com. Check your weekly YLS email blast for news about these upcoming events: YLS/Young CPA’s Joint Happy Hour: October 12, 2016. YLS Gator Bus Trip: October 15, 2016. If you’re not already on the YLS email list, contact me at jsmith@southerntrialcounsel.com so you can get all the current YLS news! Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

Paddle boarding at the Winter Park Racquet Club

YLS Backpack Project Happy Hour. Front: Brock Hankins, Esq., and John Hunt, Esq.; back: Brandon Sapp, Esq.; and Victoria Manglardi, Esq. YLS Backpack Project Happy Hour: Jennifer Morando, Esq.; Jen Smith, Esq.

YLS Law Clerks Reception

YLS Backpack Project Happy Hour: Brett Renton, Esq.; Karen Persis, Esq.; Hon. Dan Traver

Backpack stuffing at A Gift For Teaching YLS blood drive

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 31

SpecialNew Lawyer Training Program

Chief Judge Frederick J. Lauten

New Lawyer Training Program 2016

ew Lawyer Training Program: The Fundamentals of Practice in Orange County got off to a great start in 2016. The Orange County Bar Association was honored this past summer with The Florida Bar’s prestigious Henry Latimer Center for Professionalism Group Professionalism Award. The award was presented at The Florida Bar’s June convention. Led this year by former OCBA executive council member Felipe Guerrero, Esq., lawyers and law students met on August 5 and 6 to participate in an intensive, two-day program, which covered topics as diverse as learning best practice techniques for civil circuit court;

private criminal defense and plea bargaining; and dissolution of marriage, adoption, and domestic violence hearings. Participants toured various divisions of the courthouse and received tips from judicial assistants on how to interact effectively with judges. They also met with and heard directly from the judges, which is an opportunity many young lawyers and law students do not have. Participants also learned about the challenges of running a solo practice from OCBA president-elect, Liz McCausland, Esq., and got a first-hand look at a variety practice management tools. The OCBA would like to thank this year’s presenters, including The Hon. Frederick Lauten; The Hon. Tiffany Moore Russell; The Hon. Jeanette Dejuras Bigney; The Hon. Patricia Doherty; The Hon. Donald A. Myers; The Hon. Julie O’Kane; The Hon. Wayne Wooten; Lt. Jose Campina; David Cannella, Esq.; Sharon Correa; Keshara Cowans, Esq.; Kristin DeFillippo; Thomas B. Feiter, Esq.; Breean Greene; Felipe Guerrero, Esq.; Lisa Gong Guerrero, Esq.; Mercy Hernandez; Karen Keene; Kristopher Kest, Esq.; Michael Kest, Esq.; Jessica LaBelle; Liz McCausland, Esq.; Michelle McKinney; Tanya Randall; Brett Renton, Esq.; Marti Rose; Camy SchwamWilcox, Esq.; Lisa Shorten; Emy Vasquez; and Daniel Whitehouse, Esq.

New Lawyer Training Program Class of 2016

Thank you to our sponsors: 360 Financial Firm ABA Retirement Funds Dytech Group First GREEN Bank Florida Lawyers Mutual How to MANAGE a Small Law Firm JDi Data MyCase National Institute for Trial Advocacy Perfect Practice Thomson Reuters Westlaw PAGE 32

www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

PhotoOps Gunster Attorneys Participate in Transgender Rights Seminar Orlando attorneys with Gunster law firm participated in a presentation to the Association of Corporate Counsel, Orlando Chapter, entitled “Transgender Legal Protections: What Business Owners Need to Know” in July 2016. The seminar discussed the evolving legal landscape surrounding protections provided to transgender individuals, including analysis of current events, as well as agency and court interpretations of civil rights laws forbidding discrimination as those laws apply to students, customers, guests, and employees. Earnest DeLoach, Esq., says that “[w]hile our goal was to point out the many changes in legal definitions and concepts that have emerged in the area of transgender rights in recent years, the real value and success of the program were the thoughtful questions and comments from the audience. The audience interaction we experienced reflected an intent and willingness by the business community in Central Florida to apply the right policies to respect and protect the rights of an increasingly diverse Jeff Jonasen, Esq.; Tico Perez, Esq.; Sara Huff, Esq.; Joe Santoro, Esq.; workforce.” Earnest DeLoach, Esq.; Richard Heinle, Esq.

The Honorable Neil Pitts Receives the David Hammond Professionalism Award On July 12, 2016, the Judge William Wieland American Inn of Court presented the inaugural David Hammond Professionalism Award to the Inn president and co-founder, The Honorable Neal Pitts, Judge of Compensation Claims. Judge Pitts was selected from among eleven nominees by the Inn’s Professionalism Committee, which is comprised of judges of compensation claim, state and private mediators, claimant attorneys, and employer/ carrier attorneys. The main criteria for the award are professionalism, preparation, legal knowledge, ethics, respect by all parties, honesty, conduct, and longevity of service. David Hammond, Esq., after whom the award was named by unanimous vote, was a well-respected claimant attorney in Orlando who exemplified all of these characteristics. He passed away in 2001 at the age of 51. Present at the award ceremony were David’s wife Cheryl Hammond, Judge Neil Pitts, Kate Hammond, Mark Hammond, and Frank Wesighan, Esq.

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 33

Hearsay... We become not a melting pot but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams. – President Jimmy Carter

D Vanessa A. Braga, Esq.

uring the month of October, we recognize some of the groups that help make our country so unique: National Hispanic Heritage Month, LGBT History Month, and Polish American Heritage Month. We have a diverse population, and consequently, we have a diverse group of lawyers that comprise the Orange County Bar Association. Not only do we practice different areas of law, but we come from different cultural, socioeconomic, and political backgrounds. The OCBA embodies the beautiful mosaic President Carter described, and I am honored to be a part of it. Without further ado, here is the jam-packed Hearsay column: Awards and Recognition Thomas S. Dolney, Esq., a senior associate at Small Business Counsel, was named to the 2016 Florida Rising Stars List, an exclusive list that recognizes no more than 2.5 percent of the lawyers in the state. With more than 100,000 lawyers in Florida, that’s quite an accomplishment. Congratulations! Mayanne Downs, Esq., the firm-wide chair of the litigation department, president, and managing shareholder of GrayRobinson, was named the fifth most powerful person in Orlando by Orlando magazine in its thirteenth annual 50 Most Powerful List. Bravo! Mayanne is clearly setting the bar high for Team GrayRobinson! Mya M. Hatchette, Esq., of Winderweedle, Haines, Ward & Woodman, P.A., was named a Florida Supreme Court certified civil mediator. Mya also received an AV Preeminent rating from Martindale-Hubbell Law Directory. Justin M. Luna, Esq., of Latham, Shuker, Eden & Beaudine, LLP, successfully completed the requirements for national board certification in Business Bankruptcy Law by the American Board of Certification (ABC), which is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. Congratulations! Five Winderweedle, Haines, Ward & Woodman, P.A. attorneys were recently selected as 2016 Florida Super Lawyers in their respective areas of practice: Joseph P. “Rusty” Carolan, III, Esq. (banking); James E. Cheek, III, Esq. (land use/ zoning); Ryan E. Davis, Esq. (bankruptcy: business); J. Jeffrey Deery, Esq. (general litigation); and Bradley M. Saxton, Esq. (bankruptcy: business). Also of Winderweedle, Haines, Ward & Woodman, P.A., C. Andrew Roy, Esq., was

PAGE 34

selected as a 2016 Rising Star in the field of bankruptcy. The firm of BakerHostetler achieved a top spot in the Large Company Division of the 2016 Orlando Business Journal’s 2016 Edition of the Best Places to Work. Employees responded to an anonymous online survey, answering 37 questions on topics such as teamwork, job satisfaction, and benefits. Fortyseven of BakerHostetler’s attorneys are members of the OCBA, led by the managing partner of the Orlando office, James V. Etscorn, Esq. Additionally, 21 of BakerHostetler’s attorneys were designated as 2016 Super Lawyers, ten of whom are OCBA members: Joyce Ackerbaum Cox, Esq.; Thomas Ball, Esq.; Denis Durkin, Esq.; William Pence, Esq.; Joel Roberts, Esq.; David Schick, Esq.; Kevin Shaughnessy, Esq.; Julie Singer Brady, Esq.; Michael Vitale, Esq.; and Robert Webb, Esq. Brian Smith, Esq., was designated a 2016 Rising Star. Congratulations! BakerHostetler has much to be proud of! Congratulations to the stellar attorneys who made Florida Trend’s Florida Legal Elite 2016. Two of the eleven attorneys who joined the Legal Elite Hall of Fame are members of the Orange County Bar Association: Miranda Franks Fitzgerald, Esq., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., and Suzanne E. Gilbert, Esq., of Holland & Knight, LLP. The OCBA was well-represented in Florida Trend’s Florida Legal Elite 2016. Congratulations to these select few on being the cream of the crop! The following OCBA members were selected as “Legal Elite” for their practice area(s): Appellate Practice: Christopher V. Carlyle, Esq. (The Carlyle Appellate Law Firm); Shannon M. Carlyle, Esq. (The Carlyle Appellate Law Firm); Jamie Billotte Moses, Esq. (Fisher Rushmer, P.A.); Nicholas A. Shannin, Esq. (The Shannin Law Firm). Banking & Financial: Michael D. Starks, Esq. (Greenberg Traurig, P.A.). Bankruptcy & Workout: Walter F. Benenati, Esq. (Benenati Law Firm); Anne-Marie L. Bowen, Esq. (Anne-Marie L. Bowen, P.A.); Andrew M. Brumby, Esq. (Shutts & Bowen, LLP); Ryan E. Davis, Esq. (Winderweedle, Haines, Ward & Woodman, P.A.); Denise D. Dell-Powell, Esq. (Burr & Forman, LLP); Eric S. Golden, Esq. (Burr & Forman, LLP); Elizabeth A. Green, Esq. (BakerHostetler); Elizabeth F. McCausland, Esq. (Liz McCausland, P.A.,); Jimmy D. Parrish, Esq. (BakerHostetler); Bradley M. Saxton, Esq. (Winderweedle, Haines, Ward & Woodman, P.A.); Scott R. Shuker, Esq. (Latham, Shuker, Eden

www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

& Beaudine, LLP); Samuel J. Zusmann, Jr., Esq. (Holland & Knight, LLP). Business Law: Suzan A. Abramson, Esq. (Entrepreneurship Law Firm – Alexander/Abramson); Glenn A. Adams, Esq. (Holland & Knight, LLP); Leighton D. Yates, Jr. (Holland & Knight, LLP). Civil Trial: Vanessa L. Brice, Esq. (Colling Gilbert Wright & Carter); Robert H. Dellecker, Esq. (Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP); Richard S. Dellinger, Esq. (Lowndes, Drosdick, Doster, Kantor & Reed, P.A.); Mayanne Downs, Esq. (GrayRobinson); David O. Doyle, Jr., Esq. (Pearson Bitman); Frank A. Hamner, Esq. (Frank A. Hamner, P.A.); David B. King, Esq. (King, Blackwell, Zehnder & Wermuth, P.A.); Samuel P. King, Esq. (Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP); Chris N. Kolos, Esq. (Holland & Knight, LLP); Fermin Lopez, Esq. (Colling Gilbert Wright & Carter); Steven R. Maher, Esq. (The Maher Law Firm); Mary Ann Morgan, Esq. (Billings, Morgan, & Boatwright, LLC); Thomas F. Neal, Esq. (de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP); Richard C. Newsome, Esq. (Newsome Melton Law Firm); Adam M. Pastis, Esq. (Pearson Bitman, LLP); Geoffrey D. Ringer, Esq. (Ringer, Henry, Buckley, & Seacord, P.A.). Commercial Litigation: Darryl M. Bloodworth, Esq. (Dean Mead); John A. Boudet, Esq. (GrayRobinson); John M. “Jay” Brennan, Esq. (GrayRobinson); David E. Cannella, Esq. (Carlton Fields Jorden Burt, P.A.); Peter F. Carr, Jr., Esq. (Carr Law Firm, P.A.); Min Cho, Esq. (Holland & Knight, LLP); Alexander S. Douglas, II, Esq. (ShuffieldLowman); James V. Etscorn, Esq. (BakerHostetler); Matt G. Firestone, Esq. (ShuffieldLowman); Suzanne E. Gilbert, Esq. (Holland & Knight, LLP); Kenneth P. Hazouri, Esq. (de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP); Todd M. Hoepker, Esq. (Todd M. Hoepker, P.A.); Michael E. Long, Esq. (BrewerLong, PLLC); J. Brock McClane, Esq. (Fisher Rushmer, P.A.); Jack C. McElroy, Esq. (Shutts & Bowen, LLP); Richard E. Mitchell, Esq. (GrayRobinson); Gary S. Salzman, Esq. (GrayRobinson); David H. Simmons, Esq. (de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP); Ira W. Spivey, II, Esq. (Greenberg Traurig, P.A.); William B. Wilson, Esq. (Holland & Knight, LLP); Thomas A. Zehnder, Esq. (King, Blackwell, Zehnder & Wermuth, P.A.). Construction: Trevor B. Arnold, Esq. (GrayRobinson); Kimberly A. Ashby, Esq. (Akerman, LLP); Edmund T. Baxa, Jr. (Foley & Lardner, LLP); Ben W. Subin, Esq. (Holland & Knight, LLP); Peter C. Vilmos, Esq. (Burr & Forman, LLP); Charles R. Walker, Jr., Esq. (Regan Whelan Zebouni & Atwood); James C. Washburn, Esq. (ShuffieldLowman); Christopher J. Weiss, Esq. (Christopher Weiss, Attorney at Law). Criminal Law: Amir A. Ladan, Esq. (The Ladan Law Firm, P.A.); Mark N. Longwell, Esq. (Longwell Lawyers); Jay R. Rooth, Esq. (Moses & Rooth); William D. Umansky, Esq. (The Umansky Law Firm); Tad A. Yates, Esq. (The Law Offices of Tad A. Yates, P.A.). Elder Law: Heidi W. Isenhart, Esq. (ShuffieldLowman). Eminent Domain: Prineet D. Sharma, Esq. (Sharma Eminent Domain Lawyers). Environmental & Land Use: Miranda F. Fitzgerald, Esq. (Lowndes, Drosdick, Doster, Kantor & Reed, P.A.); Hal H. Kantor, Esq. (Lowndes, Drosdick, Doster, Kantor & Reed, P.A.); Roger W. Sims, Esq. (Holland & Knight, LLP); S. Brent Spain, Esq. (Theriaque & Spain). theBriefs October 2016 Vol. 84 No. 8

Government & Administrative: Christopher L. Carmody, Esq. (Holland & Knight, LLP); Daniel F. Mantzaris, Esq. (de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP). Government & Non-Profit: Bethanie A. Barber, Esq. (Legal Aid Society of the Orange County Bar Association, Inc.); Bruce B. Blackwell, Esq. (The Florida Bar Foundation); Ericka Garcia, Esq. (The Florida Bar Foundation); Lisa Gong Guerrero, Esq. (State Attorney’s Office, Ninth Judicial Circuit); Seth A. Hyman, Esq. (State Attorney’s Office, Ninth Judicial Circuit); Diego “Woody” Rodriguez, Esq. (Orange County Public Schools). Insurance: Johanna W. Clark, Esq. (Carlton Fields Jorden Burt, P.A); William A. Davis, Jr., Esq. (The Law Office of William A. Davis, Jr., P.A.). Intellectual Property: Ava K. Doppelt, Esq. (Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.). Labor & Employment: Stephen T. Ball, Esq. (Holland & Knight, LLP); Luis J. Gonzalez, Esq. (Holland & Knight, LLP); Morey Raiskin, Esq. (Zimmerman Kiser & Sutcliffe, P.A.); Jill S. Schwartz, Esq. (Jill S. Schwartz & Associates, P.A.). Marital & Family: Michael J. Cortes, Esq. (Michael J. Cortes, P.A.); Ann Marie Giordano Gilden, Esq. (Ann Maria Giordano Gilden, P.A.); Caryn M. Green, Esq. (West Green & Associates); N. Diane Holmes, Esq. (N. Diane Holmes, P.A.); Kristopher J. Kest, Esq. (Kest Family Law, P.A.); Barbara J. Leach, Esq. (Barbara Leach Law, P.L.); Rose M. Marsh, Esq. (Marsh Family Law); Nancy S. Weber, Esq. (Sasser & Weber); Richard D. West, Esq. (West Green & Associates). Real Estate: Carlos R. Arias, Esq. (Arias Bosinger); Christopher C. Brockman, Esq. (Holland & Knight, LLP); Meredith E. Level, Esq. (Lowndes, Drosdick, Doster, Kantor & Reed. P.A.); Joaquin E. Martinez, Esq. (Lowndes, Drosdick, Doster, Kantor & Reed, P.A.); Daniel F. McIntosh, Esq. (Lowndes, Drosdick, Doster, Kantor & Reed, P.A.). Tax: Stephen R. Looney, Esq. (Dean Mead); Joseph J. Van Heyde, II, Esq. (Dean Mead). Wills, Trusts & Estates: David J. Akins, Esq. (Dean Mead); Mary M. Bailey, Esq. (Your Caring Law Firm); Lauren Y. Detzel, Esq. (Dean Mead); Kathleen Flammia, Esq. (Kathleen Flammia, P.A.). Workers’ Compensation: Adam R. Littman, Esq. (Adam Ross Littman, P.A.); Glen D. Wieland, Esq. (Wieland, Hilado & DeLattre). Appointmentss & Elections Miguel Acosta, Esq., of Gobel Flakes, LLC, and Stephanie Rensch, Esq., of The Rensch Law Firm, PLLC, were appointed to the OCBA Young Lawyers Section board. Congratulations! Christopher L. Carmody, Esq., a shareholder in GrayRobinson’s Orlando office, was recently elected chair of the Ninth Judicial Circuit Judicial Nominating Commission (JNC), which is a nonpartisan, nine-member commission of lawyers and non-lawcontinued page 36

EXPERT WITNESS - CPA • Business Valuation; Pension Valuation; Collaboration and Litigation Support • Lifestyle Analysis; Financial Affidavit; Alimony; Equitable Distribution Contact:

Thomas J. Gillmore, CPA, CFE, CVA 407-716-4795• tomg@FloridaDivorceCPA.com

www.orangecountybar.org

PAGE 35

Consult an Expert Comprehensive Employment Services Vocational Assessments Wage Earning Capacity Labor Market Surveys Vocational Testing Job Analysis

Call 407-401-9745 or visit www.vocexpertservices.com. Fax: 844-639-9658 | devin@vocexpertservices.com 2431 Aloma Ave., Ste. 303, Winter Park, FL 32792 W O R K E R S C O M P E N S AT I O N • P E R S O N A L I N J U R Y • F A M I LY L A W

CREATED

FOR LAWYERS,

BY LAWYERS

The only insurance company that was created by The Florida Bar!

•Rated “A” Excellent by A.M. Best

•Free Risk Management Hotline

•10% Discount for Board Certified Attorneys

•Personal Service That No One Can Match

Call or visit us online today! flmic.com 800.633.6458

Hearsay... continued from page 33

yers who locate, recruit, investigate, and evaluate applicants for judicial office. Christopher has served on the Ninth Judicial Circuit JNC since 2013 and will serve as chair for the 2016-2017 term. Also of Team GrayRobinson, Julie A. Tyk, Esq., a senior associate with GrayRobinson, was elected co-chair of the Insurance Law Committee for the Orange County Bar Association. The committee educates members on all facets of insurance law and claims practice and procedures, including

recent developments in statutory, regulatory, and case laws. Julie will serve a one-year term, which began in July 2016. Mallory R. Widgren, Esq., of King & Markman, P.A., was sworn in as the Women’s Caucus chair-elect of the Florida Justice Association, as well as a member of the Florida Justice Association’s Young Lawyers board of directors. Fantastic! The Florida Bar has reappointed Tad Yates, Esq., of the Law Offices of Tad A. Yates, P.A., to the board of The Florida Bar Foundation, a statewide charitable organi-

PAGE 36

zation whose mission is to provide greater access to justice. Tad is a Florida Bar Foundation fellow and member of the Foundation’s Bronze Society for lifetime giving. Speaking Engagements Eric Boughman, Esq., of Forster Boughman & Lefkowitz, hosted an education event for CPAs titled “Uniform Voidable Transaction Act – (What You Need to Know)” to help CPAs understand how the Fraudulent Transfer Act and the proposed UVTA impacts the funding of new business entities, estate plans, and other ventures. Scharome R. Wolfe, Esq., a partner in ROIG Lawyers’ Orlando office, spoke at the 24th Annual Florida Insurance Fraud Education Committee (FIFEC) Conference in Orlando. Her discussion, titled “How High? Insurance and Medical Marijuana in 2016,” took place in June 2016. On the Move Brian W. Bennett, Esq., has opened Bennett Legal Group, P.A., which handles construction and business litigation. Eric P. LaRue II, Esq., created his own practice, The LaRue Firm, PLLC. Heather M. Meglino, Esq., and Erin E. Morse, Esq., have formed the Meglino Morse Law, LLC, which handles business law, labor and employment law, and family law. We wish you the best with your new endeavors! Several of our members have joined new practices: Vanessa A. Braga, Esq., has joined Quintairos, Prieto, Wood & Boyer, P.A., as an associate attorney in its nursing home and assisted-living facility defense practice. Jeremy Holt, Esq., has joined Carlton Fields Jorden Burt, P.A., as a senior counsel in its real estate and commercial finance practice group. Andrew J. Orosz, Esq., has joined GrayRobinson as a shareholder in its real estate practice. William “Billy” J. Wieland, II, Esq., recently joined Wieland Hilado & DeLattre, P.A. as an associate. He joins his father, Glen D. Wieland, Esq., in the practice and offers a fabulous father-and-son dynamic duo to the firm’s clients. Nicholas B. Vargo, Esq., has joined the Orlando office of ShuffieldLowman, practicing in the areas of corporate and tax law, mergers and acquisitions, and securities. As always, the “Hearsay” column is for your achievements, as well as the achievements of your fellow OCBA members. Please send any news to vanessa.braga@ qpwblaw.com. As always, have a fantastic month, “Hearsay”! Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A. She has been a member of the OCBA since 2014.

fs October 2016 Vol. 84 No. 8

www.orangecountybar.org theBrie

Serving the Legal Profession. Serving the Community.

Maria E. Espinosa, Esq. Mediation ServiceS Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015 Bilingual English/Spanish

407-733-3662 espiesq@aol.com

Invite your colleagues to join the OCBA today!

Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars and activities! Membership has its benefits: Free The Briefs Magazine Free Committee & Section Memberships Priority Room Booking Discounts on Seminars, CLE, Social Events, Advertising & Vendor Services.... and more!

For more information, please contact the membership department at 407-422-4551, ext. 225.

Legal Aid Society of the Orange County Bar Association, Inc. Free Lunchtime Learnings Through the End of 2016 / CLE Applied for All

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

October 4, 2016

Dependency Drug Court

October 18, 2016

Immigration Relief Available for Victims of Crime

November 1, 2016

Least Restrictive Means: Leveled Placements and Medications

November 15, 2016

Ethics Questions from Pro Bono Cases and Attorneys

December 6, 2016

Dependency Motion Practice 2: Common Dependency Motions and How to Prevail in Court

December 13, 2016

Domestic Violence and its Impact on Dependency Court

requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

12:00 p.m. – 1:30 p.m. •• Marks St. Senior Center •• 99 E. Marks St. •• Orlando, FL 32803

theBriefs October 2016 Vol. 84 No. 8

www.orangecountybar.org

PAGE 37

Events Oct. 6 – 2016 Joint Bar Associations Happy Hour. Social Committee. 5:30 p.m.-8:30 p.m. World of Beer, 431 E. Central Blvd. Fee: $15 for registration by Oct. 4; $25 for late registration or at the door. Enjoy a selection of unlimited draft beers and wines, a variety of hors d’oeuvres, and a silent raffle. A list of items to donate to Second Harvest Food Bank is available at the OCBA Store. Register by Oct. 4 at the OCBA Store. Nov. 3 – 9th Annual Breakfast of Champions. Legal Aid Society Annual Fundraiser. 7:30 a.m.-9:00 a.m. Presidential Ballroom at Church Street Station. Contact Donna Haynes, Development Director, Legal Aid Society, at 407-515-1850.

Seminars Oct. 4 – How Florida’s Medical Marijuana Vote Might Affect IP. Intellectual Property Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 business litigation and 1.0 intellectual property law (approved). Free (members); $15 (non-members). Speaker: Kevin Wimberly, Esq. Register by Oct. 2 at the OCBA Store. Oct. 4 – Dependency Drug Court. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Kavita Sookrajh, Esq., and Sally McArthur, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Oct. 5 – Cybersecurity Risk and Case Studies. Business Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 ethics and 1.0 technology (approved). Free (members); $15 (non-members). Speaker: Lee Mangold, Cofounder and CEO, GoldSky Security. Register by Oct. 3 at the OCBA Store. Oct. 13 – Immigration Holds / Detainers: How It Works and When Should Your Criminal Client Bond Out? Immigration Law Committee. 11:30 a.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 business litigation, 1.0 criminal appellate law, and 1.0 criminal trial law (approved). Free (members); $15 (non-members). Speakers: Nayef Mubarak, Esq., and Sasha Watson, Esq. Register by Oct. 11 at the OCBA Store. Oct. 13 – Tips and Tactics from the Masters. Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. CLE: 1.5. Feel free to bring your lunch; water will be provided. Contact: Diane Iacone at ctjadi1@ocnjcc.org, or 407-836-0443. Oct. 14 – Opening the Chamber of Secrets: What You Need to Know for Your Estate Planning Practice. Estate, Guardianship & Trust Committee Major Seminar. 8:30 a.m.4:30 p.m. OCBA Center. CLE: 7.0, including 7.0 wills, trusts and estates (approved). $40 (members); $50 (non-members); $25 (gov’t/student). Speakers: Lennie Burke; Eric Boughman, Esq.; Gary Forster, Esq.; Hon. Susan Stacy; Hon. Jose Rodriguez; Vicki Levy Eskin, Esq.; Richard Caskey, Esq.; Amber Jade Johnson, Esq.; and Joseph Percopo, Esq. Register by Oct. 12 at the OCBA Store. Oct. 18 – Immigration Relief Available for Victims of Crime. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Ana Bernal Roberts, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Oct. 19 – Clients from Cyber Pickpockets on the Prowl and How to Cope with the Sad Cases. Elder Law Committee Major Seminar. 11:30 a.m.-3:00 p.m. OCBA Center. CLE: 2.5, including 1.0 mental illness (approved). $40 (members); $50 (non-members); $25 (gov’t/student). Speakers: Jonathan Cooksey; Todd Herb; Scott Leitner, Esq.; Louise Buhrmann, M.D., P.A. Register by Oct. 17 at the OCBA Store. Oct. 20 – Running a Profitable Small Practice While Maintaining Ethical Compliance. Solo & Small Firm Committee Major Seminar. 9:00 a.m.-4:30 p.m. OCBA Center. CLE: 6.0, including 6.0 ethics (pending). $50 (members); $75 (non-members). Speakers: Hon. Mark Blechman; Hon. Keith Carsten; Hon. Kevin Weiss; Thomas Feiter, Esq.; Mark NeJame, Esq.; Mark O’Mara, Esq.; Ron Gilbert, Esq.; Keshara Cowans, Esq.; Lusan Llabona, Esq.; Gary Salzman, Esq.; Phil Calandrino, Esq.; and Dustin Cole. Register by Oct. 18 at the OCBA Store. Oct. 21 – Real Estate Issues Within Family Law – The Dos and Don’ts. Family Law Committee Major Seminar. 8:30 a.m.-1:00 p.m. OCBA Center. CLE: 5.5, including 1.0 ethics, 1.0 business litigation, 1.0 marital and family law, and 1.0 real estate (approved). $40 (members); $50 (non-members); $25 (gov’t/student). Speakers: Professor Glen-Peter Ahlers, Sr.; Karen Consalo, Esq.; Andrew Fisher, Esq.; Sultana Haque, Esq.; Karla Vallardes, Esq.; Lauren Heatwole, Esq.; and Robert Borr, Esq. Register by Oct. 19 at the OCBA Store. Oct. 26 – Trial Sciences: The REPTILE Theory. Insurance Law Committee. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 2.0, including 2.0 civil trial (approved). Free (members); $15 (nonmembers). Speakers: Bill Kanasky, Jr., PhD., Vice President of Courtroom Sciences, Inc., and Melissa Loberg, Ph.D., Litigation Consultant of Courtroom Sciences, Inc. Register by Oct. 24 at the OCBA Store. Nov. 1 – Least Restrictive Means: Leveled Placements and Medications. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Marie Priebe, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Nov. 1 – Civility Matters. Professionalism, Appellate Practice, and Criminal Law Committees Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (approved). Free (members); $15 (non-members). Speakers: Hon. Robert Egan; Thomas Feiter, Esq.; and Ryan Williams, Esq. Register by Oct. 28 at the OCBA Store. Nov. 3 – Attorneys’ Fees. Labor & Employment and Solo & Small Firm Committees. 12:00 p.m.-2:00 p.m. OCBA Center. CLE: 2.0 (pending). Free (members); $15 (non-members). Speakers: Hon. Donald A. Myers, Jr., and Hon. Kevin B. Weiss. Register by Nov. 1 at the OCBA Store. Nov. 4 – Intellectual Property Updates: What IP Attorneys Need to Know. Intellectual Property Committee Major Seminar. 10:00 a.m.-1:00 p.m. OCBA Center. CLE: $40 (members); $50 (non-members); $25 (gov’t/student). Speakers: Terry M. Sanks, Esq.; David W. Henry, Esq.; and Donna Chesteen, Esq. Register by Nov. 2 at the OCBA Store. Nov. 10 – Anatomy of a Criminal Case. Criminal Law Committee Major Seminar. 9:00 a.m.-5:00 p.m. OCBA Center. CLE: pending.

An n o unce ments

PAGE 38

www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

Nov. 15 – Ethics Questions from Pro Bono Cases and Attorneys. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Angel Bello-Billini, Esq., and Catherine Tucker, Esq. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org. Nov. 18 – Business Valuation for Family Law. Family Law •Advertising• Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending). Free (members); $15 (non-members). Speakers: Adam Magill, Esq., and Stacey Gambel. Register by Nov. 16 at the OCBA Store. Dec. 6 – Dependency Motion Practice 2: Common Dependency Motions and How to Prevail in Court. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Stephanie Stewart, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Dec. 13 – Domestic Violence and Its Impact on Dependency Court. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speakers: Tenesia Connelly Hall, Esq., and Hannah Farber, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Correction: Attorney Mikaela Nix’s name was inadvertently omitted from the caption with the Explorers Post #450 photo published on page 3 in August’s issue of The Briefs. We apologize for the error.

theBriefs October 2016 Vol. 84 No. 8

•Catering• Holiday planning made easy… Whether a private catered event in one of our unique venues or a private dining experience at deep blu seafood grille – voted the #1 Best Restaurant by readers of Orlando magazine – the Wyndham Grand Catering team is your one stop shop to make your event sparkle!

Website: www.wyndhamgrandorlando.com Phone: 407.390.2300 E-Mail: infowyndhamgrandorlando@wyndham.com

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

www.orangecountybar.org

PAGE 39

2017 OCBA Gala February 25, 2017 Winter Park Racquet Club Details to come.

Pssst......

OCBA Mentoring Program

think Mardi Gras.

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

Do you have wisdom & experience you could share with younger lawyers? Could you use some guidance from an experienced lawyer?

If so, then this program is for you! Mentors and mentees meet 16 times from February through May on a mutually convenient schedule to discuss the practice of law. Dec. 2, 2016 – Applications Due Feb. 1, 2017 – Program Begins TBD – Kick-off Luncheon May 31, 2017 – Program Concludes

All traffic courses are approved by the Florida Department of Highway Safety & Motor Vehicles and sponsored by the American Safety Council. Register: orangecountybar.org.

The commitment is minimal, but the impact may be life-long! For details, go to: www.orangecountybar.org/mentoring or contact Kristopher Kest at 407-514-2667.

PAGE 40

www.orangecountybar.org

theBriefs October 2016 Vol. 84 No. 8

New M e mb er s

Attorneys

Alexis Anum Christine Barrett Michelle Bedoya Matthew L. Cersine Adam Clark Caila A. Coleman Tina A. Dampf Amina Ellison Christina Figueroa Anton Gammons Theodore Goldstein Justin Green Stacie Greene Michael A. Gumula Jennifer A. Hostetler

Carolina Kripinski Megan Lindsey Dionna Little Bryan D. Matthews Karen L. Middlekauff Meghan C. Moore Andrea Ortiz Jeffrey M. Partlow Jennifer Reed Carla Smith Taira Towne Lydecker Diaz Tom Waldron Brian A. Williams

Associates Gary Andersen

Ariadne Latorre Sally Woock

Affiliates Kelly Eubanks Stacy M. Hastings Dexter King Susan Staggs

Law Students Sean Colon Patrick Darcey Michele T. Casey-Driscoll Rachael Flanagan Letita Fowler Barbara Harris Skiles Jones

Ian R. Kellogg Julia M. Moffett Valery Noel Jahaida P. Numa Christian Reeves Jessica Sirianni Christine Vazquez Tasha Vazquez-Santiago Tiffany A. Whitehouse Rachel A. Rivenbank

Paralegal Students Marisela Cervantes Linda Scott

Patron Thomas J. Gillmore, CPA, CFE, CVA

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. McMillen Law Firm, P.A. Giles & Robinson, P.A. Allen, Norton & Blue, P.A. McShane & McShane Law Firm, P.A. Harris Harris Bauerle Ziegler Lopez Amy E. Goodblatt, P.A. Meenakshi A. Hirani, P.A. Heatwole Law Firm, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Men’s Divorce Law Firm Higley & Szabo, P.A. Banker Lopez Gassler P.A. Morgan, White-Davis & Martinez, P.A. Hilyard, Bogan & Palmer, P.A. Benitez Law Group, P.L. Murphy & Berglund, PLLC Hornsby Law Beshara, P.A. Murrah Doyle Wigle & Torre P.A. Infocus Family Law Firm, P.L. Billings, Morgan & Boatwright, LLC N. Diane Holmes, P.A. Jill S. Schwartz & Associates, P.A. Bodiford Law Group O’Mara Law Group Keating & Schlitt, P.A. Burr & Forman Ossinsky & Cathcart, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Carr Law Firm, P.A. Provencher & Simmons, P.A. Cole, Scott & Kissane, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Ringer Henry Buckley & Seacord, P.A. Colling Gilbert Wright & Carter, LLC Roman V. Hammes, P.L. Law Offices of Amber Jade F. Johnson, P.A. Cullen & Hemphill, P.A. Rumberger, Kirk & Caldwell P.A. Law Offices of Brent C. Miller, P.A. DeCiccio & Johnson Sasser & Weber, P.A. Legal Aid Society of OCBA Dellecker Wilson King McKenna Ruffier & Sos, LLP Sawyer & Sawyer, P.A. Lewis & Crichton Divine & Estes, P.A. SeifertMiller, LLC Lim & Associates, P.A. Faddis & Faddis, P.A. Small Business Counsel Marcus & Myers, P.A. Fassett, Anthony & Taylor, P.A Southern Trial Counsel Marshall, Dennehey, Warner, Fisher Rushmer Coleman & Goggin Stovash, Case & Tingley McDonald Toole Wiggins, P.A. Frank A. Hamner, P.A. Tangel-Rodriguez & Associates McMichen, Cinami & Demps PLLC Gasdick Stanton Early, P.A.

The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Dill Law Group The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller The Llabona Law Group The Maher Law Firm, P.A. The Orlando Law Group The Skambis Law Firm The Smith Family Law Firm, P.A. Vose Law Firm, LLP Warner & Warner, P.L. West, Green & Associates, P.L. Wicker, Smith, O’Hara, et al. Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Winderweedle, Haines, et al. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.