The Orange County Bar Association - The Briefs - October 2021

A Publication of the Orange County

Inside this Issue: President’s Message College Football & NIL (Name, Image, Likeness) Eric C. Reed, Esq. October 2021 Vol. 89 No. 8

Professionalism Committee In Memoriam: Leon H. Handley

Bar Association

Legal Aid Society What We Do...

For Legal Aid Society Clients, Breakfast Really Is the Most Important Meal of the Day Bethanie Barber, Esq. Guest Column What Forum Decides Arbitrability? . . .

Stay Tuned to the Florida Supreme Court Joseph A. Lane, Esq. Rasheem Johnson, Esq.

Contents 3

14-15

President’s Message College Football & NIL (Name, Image, Likeness) Eric C. Reed, Esq.

OCBA July Luncheon

16-17

OCBA 17th Annual Trivia Contest

4

Clerk’s Corner Orders Regarding Child Support Enforcement The Honorable Tiffany Moore Russell Robert Mansbach Lawyers’ Literary Society Committee Reading List 2021-2022

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Joint OCBA and CFAWL Luncheon Domestic Violence Awareness and Advocacy Michelle Sperzel and Rania Arwani, Esq.

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18-19

OCBA August Luncheon

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10

Insurance Law Committee What Should Policyholders and Insurers Think About Amidst Hurricane Season?

Late Notice and its Impact Upon the Policyholder’s Claim Gabrielle Sanandajian, Esq.

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w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Catherine T. “Kate” Hollis Kristopher J. Kest Bruce A. Mount Rafael Orlando Rodriguez C. Andrew Roy Brandon M. Sapp Jennifer Smith Thomas Jessica A. Travis M. Ryan Williams LaShawnda K. Jackson, Ex-officio Michael Barber, YLS President

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

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OCBA Member News Hearsay Michael V. Andriano, Esq. New Members

34

Classifieds

36

13

Legal Aid Society Teaching Tips Building Blocks of Success for Children with Developmental Disabilities Mexcye C. Roberts, Esq.

Calendar

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2021 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

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YLS on the Move Linnea Eberhart

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Guest Column What Forum Decides Arbitrability? . . .

Stay Tuned to the Florida Supreme Court Joseph A. Lane, Esq. Rasheem Johnson, Esq.

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Legal Aid Society What We Do...

For Legal Aid Society Clients, Breakfast Really Is the Most Important Meal of the Day Bethanie Barber, Esq.

Hearsay Columnist Michael V. Andriano

w OFFICERS Eric C. Reed, President Karen L. Persis, President-elect Amber N. Davis, Treasurer Arti Ajit Hirani, Secretary

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Cover Shot – Behind the Scenes

Associate Editors Karen L. Middlekauff & C. Andrew Roy

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Social Committee OCBA Olympics Watch Party

Voluntary Bar News SideBar Alena V. Baker, Esq.

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©2021

SideBar Alena V. Baker

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Chief’s Column Don’t Judge a Book by Its Cover The Honorable Lisa T. Munyon

Editor John M. Hunt

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Paralegal Post Paralegal Section Annual School Supply Drive April Phillips, FRP

Professionalism Committee In Memoriam: Leon H. Handley

the Briefs

www.orangecountybar.org

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Candice Maull

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (321) 430-1558 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

theBriefs October 2021 Vol. 89 No. 8

President’sMessage

October 2021

College Football & NIL (Name, Image, Likeness)

O

ctober means college football is in full swing! There is nothing better than watching your school either in the stadium, at your local bar, or in the comforts of your home. You can’t beat the banter between family, friends, and colleagues when your teams square off. This banter occurs (often) at the OCBA luncheons with the various shout-outs – typically from two of our past presidents – Woody Rodriguez Eric C. Reed, Esq. with, “Go Noles!” which is met by his buddy, Nick Shannin’s, “Go Gators!” One of my favorite OCBA luncheons circa 2005 was when local resident and ESPN Game Day host Lee Corso spoke (thank you Jamie Billotte Moses); what a legend. Another great tradition is the annual Young Lawyers Section Gator Bus Trip – what a party! This year they head to the October 9th game against Vanderbilt. If memory serves me, the bus trip has one rule: get back on time or you will be left, which Eddie Fernandez tested 10 plus years ago!

Now on to the monthly topic and staying with the college football theme – the Name, Image, Likeness (“NIL”) legislation. This past June, the NCAA’s Board of Directors suspended the rules prohibiting athletes from selling the rights to their name, image, and likeness. Effective July 1, 2021, the new rules changed the NCAA’s definition of amateur athletes. Although colleges cannot pay athletes directly, it opens the door for companies to pay athletes (but not for recruiting inducements). Athletes can profit from social media accounts, signing autographs, teaching camps, participating in advertising campaigns, starting their own company, and other ventures. However, some of these opportunities are based on pertinent state laws and policies created by individual colleges. The NCAA is looking to Congress to help create a uniform national law to provide clarity on NIL. Florida was one of the first states to implement NIL legislation when Governor Ron DeSantis signed the bill in June 2020, which came into effect this year. This likely provided a boost in recruiting for Florida colleges that became more appealing to out-of-state athletes. Third-party on-demand digital marketplace companies, like Icon Source and Opendorse, have emerged to match up the athlete and the company to procure the deal and facilitate payments. We will probably see the big-name college athletes engaging lawyers and agents to facilitate lucrative deals. A big Saturday on the field could immediately turn into big money the next week for the athlete.

theBriefs October 2021 Vol. 89 No.

The latest report is that 88% of NIL transactions were from social media. Heck – it was recently reported by University of Alabama Coach Nick Saban that his sophomore quarterback, Bryce Young, already signed NIL deals nearing $1,000,000. If you were not aware (I was not), Bryce had NOT started a game at Alabama entering the season, and last year he threw only 22 passes for 156 yards. Let me do some quick lawyer math – that is $6,410 per yard or even better, $45,454 per pass. Geez – the rich get richer – at the University of Alabama. We have already started to see unique partnerships with athlete and company – like that of UCF quarterback, Dillon Gabriel, who signed with financial institution Addition Financial to promote the company through social media.

NIL is not limited to college athletes, those in high school and youth sports are also monetizing. I recently watched a documentary on Mikey Williams – a top high school basketball player in the country. As a freshman he broke 1 million in Insta (cool term for Instagram) subscribers, and now as a high school junior he is reported to have 2.5 million Insta followers with an annual endorsement revenue of $2.5 million; slightly more than I made in high school.

Rules are rules and laws are laws – I understand. But what a huge shift that NIL has created from the days of imposing sanctions on colleges and athletes for accepting endorsement funds. Flash back to July 2017 in our own backyard when UCF kicker, Donald De La Haye was ruled ineligible by the NCAA. This was not for being paid under the table for his autograph, for teaching at a camp, or advertising for a car dealership; rather, it was due to his own YouTube channel. In 2017, De La Haye had 90,000 subscribers and 5 million total views. The athletic-related videos brought in advertising revenue which the NCAA ruled he could not financially benefit from. De La Haye did not agree with the NCAA, which forced UCF to suspend him from the football program.

Although, De La Haye might have the last laugh, as it was recently reported he now has 3.4 million subscribers – translating into big dollars.

It will be interesting to see what comes of the NIL. How will the NIL shake out for the colleges, the college athletes, and even the high school athletes? One thing I do know, if NIL was around back in the late ’90s when our very own Florida Gator track and field star, LaShawnda K. Jackson, was competing – she would have set NIL $$$ records.

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

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Clerk’sCorner Orders Regarding Child Support Enforcement

I

think we can all agree that child support orders can be challenging to draft. Nowadays, practitioners and customers alike are overwhelmed, and effective orders help reduce hearings, visits to the Clerk’s office, and client calls to correct issues derived from omissions and misinterpretations. This month I would like to highlight some basic features of child support enforcement orders for your consideration when drafting your next order.

Demographics: Party demographics are often overlooked in an order that includes child support, because the assumption is that the information is already contained within the court file.

In many cases, the required demographics needed to properly load a new order or a modified child support order into the CLERC system are often missing or not up to date. This can cause the payee or payor to not be able to pay or receive support payments.

It is important to clearly identify which party is the payee (receiver

of child support) and the payor (party paying child support) along with their respective addresses and social security numbers.

Method of Payment: Being clear regarding the method of payment is also a topic of dissension when it comes to properly monitoring, assessing, and enforcing child support orders. Payments made through the State Disbursement Office allow my office the ability to provide an arrearage affidavit for all payments and assessments in the respective case, whereas direct payments do not include this option.

Frequency: In addition to demographics and method of payment, the Clerk’s office reviews all orders that include child support to establish individual terms to load into the CLERC case management system for the purposes of monitoring. Some frequently used examples of terms ordered include ongoing support, support arrears, interest, and retroactive support.

I hope you find this brief overview to be useful in drafting effective orders that allow parties to manage their affairs. It is not the intent of the Clerk’s office to provide legal advice or direct the course of action for a specific matter that would otherwise rely on an experienced legal practitioner in family law. Should you have any additional questions, please refer to our website at www.myorangeclerk.com or contact our child support division at 407-836-2059.

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

Robert Mansbach Lawyers’ Literary Society Committee of the Orange County Bar Association Reading List 2021 - 2022 Date

Author

Book

Discussion Leader

October 13, 2021

Bram Stoker

Dracula

David Falstad

November 10, 2021

Mark Haddon

The Curious Incident of the Dog in the Night-Time

Hon. Dan Traver

December 8, 2021

James Joyce

The Dead

Bruce Harris

January 12, 2022

Jules Verne

Around the World in Eighty Days

Anna Palmer Darkes

February 9, 2022

Cixin Liu

The Three-Body Problem

Robert Hoofman

March 9, 2022

Maggie O’Farrell

Hamnet

Dotty Green

April 13, 2022

Dennis Lehane

Shutter Island

Mark Elliott

May 11, 2022

Thomas Pynchon

Vineland

Andrew Thompson

June 8, 2022

P.G. Wodehouse

The Code of the Woosters

David Milton

PAGE 4

www.orangecountybar.org

theBriefs October 2021 Vol. 89 No. 8

Joint OCBA and CFAWL Luncheon Thursday, October 28, 2021 Domestic Violence Awareness and Advocacy

An open conversation between Harbor House of Central Florida CEO, Michelle Sperzel, and Rania Arwani, Esq., author of “Unintentional Hero: From Domestic Violence Victim to Survivor to Advocate.”

Michelle Sperzel

Rania Arwani, Esq.

With nearly 20 years in leadership and nonprofit experience, Michelle Sperzel currently serves as the Chief Executive Officer of Harbor House of Central Florida.

During the past two years, she’s focused on improving processes for survivors; started conversations within our community around the epidemic; opened the new temporary housing facility on the Harbor House campus; and implemented youth programs to stem the tide of violence.

Prior to Harbor House, Sperzel led several nonprofit organizations through administrative and direct service program development. She came to Harbor House by way of Girls in the Game in Chicago, IL, which empowers all girls to be gamechangers; but her experience with domestic violence within Florida came when she led Shelter House in Ft. Walton Beach.

Rania Arwani currently practices family law at Arwani Law Firm. Rania acted as a Research Assistant at Barry University School of Law and a Certified Legal Intern for the Children and Families Clinic. She trained with the Florida Center for Child Welfare to handle a variety of family law matters, including domestic violence, substance abuse and sexual abuse of children. Prior to co-founding Arwani Law Firm Rania was a Certified Legal Intern with the State Attorney’s Office in the Ninth Judicial Circuit in Orange County where she gained valuable courtroom experience.

On a bigger scale, her mission is to make a difference in the fight against domestic violence. She is driven by this mission in all aspects of her life and seeks to inspire others to do the same. Adamant to use her knowledge in the fight against domestic violence, she volunteers for the Legal Aid Society of the Orange County Bar Association in representing abused women and children. Her goal is to educate women in abusive relationships to identify the signs of abuse, and motivate them to speak-up, not only for themselves but also for their children.

In Person and Virtual Attendance Options

OCBA October Luncheon Thursday, October 28, 2021 11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando Title Sponsor:

191 East Pine Street, Orlando, Florida 32801 Please RSVP by Monday, October 25, 2021 RSVPs will not be accepted after October 25, 2021 www.orangecountybar.org/store Cancellations must be received no later than October 25, 2021 To register or cancel, contact Stephanie Sadi at stephanies@ocbanet.org

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

Rosenfield and Company | Seacoast Bank | Universal Property & Casualty Insurance Company | Withum theBriefs October 2021 Vol. 89 No. 8

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee

T

In Memoriam: Leon H. Handley

he late, great Leon Handley was an active member of the OCBA’s Professionalism Committee where he delivered genuine wisdom with perfect timing on the matters that came before the committee.

Mr. Handley was a past president of the Orange County Bar Association, serving from 19631964. The accomplishments and awards Leon earned are vast. Among them the American College of Trial Lawyers and the American Board of Trial Advocates. He was selected as FLABOTA Trial Lawyer of the Year.

Richard Dellinger, Leon Handley

Leon Handley, Kristyne Kennedy

Not enough can be said about Leon’s impact on the practice of law in Central Florida. It is difficult, if not impossible, to prioritize the countless highlights in the career of the man who came to be known as “The Mouth of the South.” During his Celebration of Life service, reference was made to a famous speech delivered by a former U.S. President in characterizing Leon’s qualities; recording of the full service can is available online at https://vimeo.com/showcase/7934544. Leon Handley will always remain a true role model whose enthusiasm, passion, humor and brilliance will be missed.

The Man in the Arena

It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.

Theodore Roosevelt delivered the speech entitled “Citizenship in a Republic” at the Sorbonne in Paris on April 23, 1910. The notable passage above is popularly known as “The Man in the Arena.”

Lee Jay Colling Leon Handley Warren Lindsey PAGE 6

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theBriefs October 2021 Vol. 89 No. 8

Chief’sColumn Don’t Judge A Book By Its Cover

I

debated the title of this column for some time. I even drew up an old school pros and cons list.

The cons, designated to the lefthand column of my steno pad, were glaringly obvious. It’s tired, mundane, and hackneyed, as are all clichés and idioms. The pros – which should really read “pro” since I could only think of one, and at the end of the day really only needed one – was also glaringly obvious. It instantly conThe Honorable Lisa T. Munyon veys meaning to the reader. And, Chief Judge imparting meaning absolutely Ninth Judicial Circuit Court outweighed every con on the list.

When you read don’t judge a book by its cover, you immediately knew that I would be asking you to take a deeper look at something. And, the something I want you to take a deeper look at is the workload of the bench.

From the cover, it appears that the entirety of a judge’s work happens on the bench. We come into the courthouse, don our robes, head to the courtroom – or, these days, log into the courtroom – and preside over hearings and trials. After the last case of the day is heard, we leave the courtroom or log off, remove the robe, and head home. From all outward appearances, the work is pretty straightforward. Cases come before a judge; a judge rules. However, when you look beyond the cover, the book tells a much more intricate story.

The first thing you’ll be struck by is the inordinate amount of paperwork. Tons of it – both tangible and virtual – flood into a judge’s chambers daily. Think of your filings and multiply them by thousands. And, I literally do mean thousands. Right now, for example, there are over 18,000 civil cases assigned to each county civil judge and over 3,000 cases assigned to each circuit civil judge. That math alone adds up to an impossible amount of reading to prepare for each trial or hearing. And, that’s not the half of it. There’s also correspondence, research, and preparing orders.

The litigators among you understand this firsthand. There’s an incredible amount of preparation before you even step foot into the courtroom. And, I am sure many clients only see what’s on the cover – their lawyer puts on a suit, grabs a briefcase, and heads to court. Even those clients who recognize that a lot of behind-thescenes work happens on their case usually fall far from compre-

theBriefs October 2021 Vol. 89 No.

hending the full scope of time and effort that goes into preparing for trial or a hearing.

Each of you – regardless of your specialty or whether you ever step foot into a courtroom – pour a tremendous amount of time and effort into your work. You spend your careers honing your skills and building your expertise. And, that expertise is an asset for the lawyer who becomes a judge. However, judges aren’t specialists; they’re generalists and they need to build their knowledge in all areas of the law.

As an attorney, I specialized in criminal law, and I was fortunate that my first assignment as a judge was on the criminal bench. My expertise was immediately useful. But oftentimes, new judges are assigned to areas where they have limited or no prior experience.

So now, learning new areas of the law is added to the workload.

And, just when a judge builds up enough knowledge – verging on expertise – they receive new assignments and the process most likely starts all over again. And when a judge has been on the bench long enough to have served in most divisions, the work switches from learning to mentoring.

No judge goes it alone. If one needs assistance or guidance, there are always multiple colleagues ready to answer that call. The deep commitment to the work translates into a deep commitment to each other. And, I see this commitment amongst you as members of the OCBA, and I know that those of you who seek the bench will bring that commitment forward with you.

The courtroom will always be on the cover of the book about judges, and the book about lawyers too. The work is too expansive and abundant for it to be easily packaged and explained. Even in this column I fall woefully short of presenting the full scope of a judge’s work. I failed to mention that many judges volunteer their time to handle administrative tasks, teach other judges, work within the court conferences, or work on bar and court committees. But it wasn’t my intent to enumerate every task on their to-do list. My intent was to give you an opportunity to take a deeper look at the bench. To broaden your understanding of a judge’s workload, and have that understanding help guide you as you manage your own. And, it’s my hope that this understanding makes us better partners in the administration of justice and helps us better serve our community.

The Honorable Lisa T. Munyon, Chief Judge of the Ninth Judicial Circuit, was first appointed to the Circuit Court for Orange and Osceola Counties in 2003 and has been an OCBA member since 1989.

www.orangecountybar.org

PAGE 7

PERSONAL ACCOUNT

How Richard Schwamm Found His Voice A childhood speech impediment couldn’t derail his dreams BY CAROL TICE As a Fort Lauderdale middle-schooler, Richard Schwamm was afflicted with both a severe stutter and a lisp so bad, he says, it was “put-on-the-trench-coat” time for those around him.

“It was horrible, and put me at an incredible disadvantage,” Schwamm recalls. “I became more shy and withdrawn. Kids back then were really, really, really cruel.”

For eight years, Schwamm dutifully attended daily speech therapy, but there was no change in his lisp, or in the 30-second delay before he could haltingly voice his thoughts. By high school, he’d had enough. He quit speech therapy, sat himself down, and gradually trained himself out of both speech impediments by practicing techniques such as slowing down as he spoke.

And just as he found his voice, he took a class his senior year that would set his future course.

Street Law was taught by students from nearby Nova Southeastern University—and the class culminated with a tricounty mock trial competition. Testing his newfound confidence in his speaking ability, Schwamm made his school’s team.

“I thought what lawyers did was cool,” he says. “I wanted to be Atticus Finch.”

With his parents looking on, his team made the finals of the twoday event. Schwamm was assigned to cross-examination. When his student witness made a mistake with her testimony, he says, he went after her like a bulldog, and she lost it.

He was stunned. After all, it hadn’t been that long since he’d struggled just to talk.

The plaque from his mock-trial win still adorns his desk at Orlando firm Haliczer Pettis & Schwamm. There’s also a framed print portraying a lawyer as a bulldog—another reminder of that victory.

It’s been a long road to becoming the confident trial lawyer he is today, often helping families that have suffered terrible losses in child-injury and death cases.

From Stetson University College of Law, he was hired by the firm now called Bobo Ciotoli White & Russell, where he practiced medical malpractice defense law, then spun out with a small group of attorneys Richard B. from another firm to carve his own path.

Schwamm With his own childhood struggles Haliczer Pettis & Schwamm; Personal behind him, Schwamm found himself Injury - Medical drawn to catastrophic-injury cases, many Malpractice: Plaintiff; of which involve children. As his interest in Orlando representing families grew, his client base

switched three years ago from a mix of plaintiff and defense to pure plaintiff.

These are tragic cases involving families who have either lost a child or have a seriously disabled child, frequently due to medical negligence during birth. It can also be a child who lost a finger in a fence while under a sitter’s care, or an infant who died after being put face-down for a nap at day care.

“I want to help that family get whatever measure of justice we can,” he says, “whether it’s a settlement or creating change.”

In one notable settlement, he represented a 5-month-old with heart problems whose recovery from surgery was bungled by a young nurse, leaving the baby with permanent brain damage.

“With the settlement, [the baby] will never want for anything, even after the parents die,” Schwamm says. “Representing Fortune 500 companies doesn’t scratch the same itches.”

After work, Schwamm devotes his free time to being a very hands-on parent, along with wife Stacey, to daughters Aubrey and Alexa, now 11 and 13; and to speaking publicly about accident prevention for groups such as Safe Kids Worldwide, Safe Kids Orange County and Children’s Safety Village of Central Florida.

It was after his first daughter was born, Schwamm says, that he began reassessing how he wanted to spend his professional time. “I have an opportunity to help other kids through advocacy,” he says. “I see a lot of injured kids. And if parents think I don’t know what their kid’s going through? I had to learn to become an advocate for myself, and now I want to be an advocate for others.” s

This article was first published in the 2021 issue of Florida Super Lawyers Magazine.

Cover Shot – Behind the Scenes

Ninth Circuit Court of Florida judges gathered for lunch before the annual tradition of taking a cover photo for The Briefs representing their individual schools.

Photo Credit: Ninth Judicial Circuit Court

On the cover: Ninth Judicial Circuit Active and Alumni Judges Faye L. Allen Florida A&M University Christine Arendas University of Central Florida Jeffrey L. Ashton University of Florida Andrew A. Bain University of Miami Denise Kim Beamer University of Florida John D.W. Beamer Austin Peay State University Jeanette Dejuras Bigney University of Illinois Alice L. Blackwell Furman University Mark S. Blechman University of Florida Paetra T. Brownlee Emory University Luis F. Calderon University of Florida Andrew L. Cameron Michigan State University Amy J. Carter Michigan State University Vincent S. Chiu The Ohio State University Michael Deen Samford University theBriefs October 2021 Vol. 89 No.

Eric H. DuBois Brian F. Duckworth Vincent Falcone III Elizabeth Joy Gibson Evellen Jewett Steve Jewett John E. Jordan Sally D.M. Kest Lawrence R. Kirkwood Gisela T. Laurent Barbara J. Leach Bob LeBlanc Diego Madrigal, III Adam McGinnis Lisa T. Munyon Michael Murphy

University of Miami University of Florida Boston College University of Florida University of Florida University of Florida University of Florida Florida State University University of Florida University of Florida Florida State University University of Miami University of Florida University of Central Florida University of Florida University of Florida

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Donald A. Myers, Jr. University of Florida Mikaela Nix-Walker University of Central Florida Julie H. O’Kane Florida Atlantic University Charles N. Prather Stetson University Gabrielle Saunders-Morency University of South Florida Margaret H. Schreiber Duke University Patricia L. Strowbridge Michigan State University Diana M. Tennis University of Florida Thomas W. Turner Ball State University Greg A. Tynan University of Central Florida Kevin B. Weiss University of Florida Keith F. White University of Central Florida Tanya Davis Wilson University of Florida Carly S. Wish University of Arizona Tom Young Texas Tech University

PAGE 9

Insurance Law Committee What Should Policyholders and Insurers Think About Amidst Hurricane Season?

F

Late Notice and its Impact Upon the Policyholder’s Claim

loridians know that hurricane season is from June 1 through November 30. Florida is in the midst of this year’s hurricane season, which is why carriers and policyholders should be aware of their rights and obligations under the policy. Many homeowner’s insurance policies require insureds to provide “prompt noGabrielle Sanandajian, Esq. tice” to the carrier once damage is discovered. This is in part due to the difficulty of determining the cause and extent of damages when reported late to the carrier.

The issue of prompt notice is a topic of litigation in Florida, especially in counties that have suffered damage as a result of Florida’s more recent hurricanes, such as Hurricane Irma. Many policyholders provided notice of hurricane damage years after the date of loss, which carriers argue prejudices them. In contrast, many policyholders argue that their notice is prompt, as the damage was latent, or in the alternative, what was readily apparent at the time of loss was below deductible.

Late Notice in Florida The failure to give timely notice is a “legal basis for the denial of recovery under the policy.”1 The Florida Supreme Court has held that “[i]f the insured breaches the notice provision, prejudice to the insurer will be presumed, but may be rebutted by a showing that the insurer has not been prejudiced by the lack of notice.”2 As the Third District Court has stated, “[o]nce the presumption of prejudice is raised in favor of the insurer, the burden then shifts to the insured to show that the insurer was not prejudiced by untimely pre-suit notice of the loss.”3 Looking first as to whether notice is prompt, courts have found that “there is no ‘bright-line’ rule under Florida law setting forth a particular period of time beyond which notice cannot be considered ‘prompt.’”4 Florida courts have interpreted the term “prompt” to mean “that notice should be given ‘with reasonable dispatch and within a reasonable time in view of all of the facts and circumstances of the particular case.’”5 Florida courts have interpreted “prompt” differently when damage is caused by a known event, such as a hurricane or when the insured was on-site when readily apparent problems developed.6 For example, in 1500 Coral Towers Condominium Ass’n v. Citizens Property Insurance Corp., Coral Towers admitted that it had some knowledge of the damage to the complex within a month after Hurricane Wilma and that some repairs were made to the roof; however, no insurance claim was made until five years later.7 Under those circumstances, the court found there was “no factual dispute that Coral Towers failed to give timely notice of the loss.”8 Whether “an insured’s delayed notice to an insurer did not constitute prompt notice under the policy” is appropriate to resolve on summary judgment “when the factual record d[oes] not support an argument that the delay was reasonable.”9 PAGE 10

Insureds Rebutting the Presumption of Prejudice The more contested issue is the second prong of the two-step analysis: whether an insured can rebut the presumption of prejudice. A recent decision that addresses the issue is Yacht Club on the Intracoastal Condominium Association, where a unanimous panel of the Eleventh Circuit held that a Florida condominium association’s claim for Hurricane Wilma damages was barred due to late notice.10 The Yacht Club on the Intracoastal Condominium Association (“Yacht Club” or “Insured”) waited 55 months to give Lexington Insurance Company (“Lexington” or “Insurer”) notice of the loss.11 The Yacht Club noticed damage to the property after Hurricane Wilma; however, the Yacht Club decided against filing a claim based on the cost of the hurricane deductible.12 Despite not filing the claim, the Yacht Club set aside a $150,000 special assessment on residents to pay for the hurricane damage.13 Repairs were made to the property, but the residents continued to complain of issues with the condition of the roof tiles for buildings, garages, and carports; distress to exterior portions of the buildings, including stucco and around window sills; interior leaks; malfunctioning windows and sliding glass doors; and, cracks on, around, and in between the interior and exterior of windows along the sliding glass doors for individual units.14 Due to the complaints, the Yacht Club hired an engineer in late 2006. The engineer determined that the roof damage was caused

by Hurricane Wilma. In 2009, the Yacht Club hired a public adjuster who advised the property was damaged from Hurricane Wilma and recommended filing an insurance claim.15 In July 2010, the Club provided formal notice to the Insurer.16 The Insurer timely denied the claim on the basis of late notice and failure to provide timely proof of loss.17 The Yacht Club filed suit against the Insurer,seeking $6,208,910 in damages.18 The Insurer moved for summary judgment on the late notice defense, which was granted by the district court.19 The Eleventh Circuit conducted the two-step analysis.20 With respect to the first prong, the panel held that there was no dispute of fact.21 The Court further analyzed that the Insured was required to give “‘prompt notice of the loss or damage’” per the policy.22 The Court maintained that under Florida law, “‘prompt,’” “‘as soon as practicable,’” “‘immediate,’” or comparable phrases have been interpreted to mean that notice should be given “‘with reasonable dispatch and within a reasonable time in view of all of the facts and circumstances of the particular case.’”23 The Court found that prompt notice was not excused “because an insured might not be aware of the full extent of damage or that damage would exceed the deductible.”24 While Florida has no “bright-line” rule, the Eleventh Circuit noted that Florida courts afford the insured relatively little leeway “when damage is caused by a known event, such as a hurricane, or when the insured was on-site when readily apparent problems developed.”25 The Court also looked at the fact that the Yacht Club

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REACH RESOLUTION WITH US

More details on Upchurch Watson White & Max Mediation Group at UWW-ADR.com or 800.863.1462 Orlando • Ormond • Ocala • Jacksonville • West Palm • Fort Lauderdale • Miami • Tampa • Birmingham theBriefs October 2021 Vol. 89 No.

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Legal Aid SocietyWhat We Do...

I

For Legal Aid Society Clients, Breakfast Really Is the Most Important Meal of the Day

’ve never watched Brian’s Song, without crying. For those unfamiliar with the plot, Brian’s Song is a movie from the early 1970s based on the friendship of two professional football players from very different backgrounds.

The friendship these teammates shared extended beyond the football field and into the hospital, as one friend battled terminal cancer. I cry, not because I’ve played professional football. I haven’t.

Bethanie Barber, Esq. It’s not because my spouse, child, or parent has succumbed to cancer. I am fortunate enough that’s not the case. The day-to-day lives of the main characters have virtually no overlap with my daily activities – except the bond they choose to make to each other. I recognize that bond thousands of times a year at The Legal Aid Society of the Orange County Bar Association, Inc. (LAS) through our staff and pro bono work for our indigent friends and neighbors.

So many of us attorneys can’t relate to the abject poverty in which our clients find themselves. We also may not be able to relate to the host of services they need – help discharging a debt built on predatory lending techniques, an injunction for protection of domestic violence, or eviction defense, for example. That ultimately doesn’t matter, though, when the pro bono work begins.

Some thread of commonality, some sense of commitment and obligation to each other, always finds its way to the surface and guides the attorney-client partnership to sound waters. It keeps LAS staff members committed to following a trail of phone numbers when a domestic violence survivor doesn’t respond to calls after she promised that she would, in no way, miss the appointment rescheduled four times already. That’s what happens when the client shares their hopes for their children with you.

It’s why pro bono attorneys take five sealing/expungement cases at a time. When a sealing client who was wrongfully arrested because he really was in the wrong place at the wrong time sends his attorney “proud father” pictures of his four children, all on the honor roll, it commits us to doing more. The ways in which LAS supporters change lives – and stay in the lives of those we serve – just cannot be adequately conveyed in writing. It has to be seen to be felt. Our clients, pro bonos, staff, and community support make up LAS in equal parts. Our annual signature fundraiser, the Breakfast of Champions (BOC), holds out these “I wouldn’t believe it if I didn’t hear it from the person who lived it” stories.

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Fourteen years ago, Glenn Adams, Jack Lord, Nick Shannin, Bill Umansky, Heather Pinder-Rodriguez, Jamie Billotte Moses, and others began the BOC. Its mission was to raise necessary dollars and awareness for LAS to do what we do best: form bonds with the clients we serve that permanently improve their lives. What started with 224 attendees in 2008 grew to 627 in 2019. The BOC outgrew the original venue at the Presidential Ballroom at Church Street Station, and in 2019 we relocated to the Amway Center.

BOC grows larger with each year because our collective desire to form those bonds that strengthen our home grow stronger with each interaction with a client, each story of injustice, and each year we OCBA members understand the power of our professional actions.

The 14th annual BOC will take place Thursday, November 18, 2021 at 8:00 a.m.

The BOC committee, comprised of LAS Board of Trustees President Deborah Moskowitz, managing partner with Quintairos, Prieto, Wood & Boyer, P.A., LAS Past-President Kristopher Kest with Kest Family Law, P.A., LAS President-Elect Jay Small with Mateer-Harbert, Ani Rodriguez-Newbern with Tangel-Rodriguez & Associates, and Michael Andriano with The Dear Law Firm, are hard at work building an unforgettable event.

Your support of LAS and BOC hold together so many critical parts of this community. BOC host and WESH TV News anchor Stewart Moore and “Some Good News” Co-Hosts Eric and Baxter Reed will keep the event entertaining, there are some incredible giveaways planned, and you will likely recognize the names of your colleagues (and perhaps, you) who do so much for our clients with so little. While your attendance at BOC may make you cry, oh, how you’ll help our clients live.

Event registration is required by googling “Eventbrite Breakfast of Champions” or by visiting the BOC link at www.legalaidocba. org. See you there!

Bethanie Barber, Esq., is the Legal Aid Society of the OCBA Executive Director. She joined the OCBA in 2008. Please contact her at bbarber@ legalaidocba.org if you are interested in learning more about the Legal Aid Society. For donations and sponsorships, please contact Ms. Donna Haynes, Director of Development, at dhaynes@legalaidocba.org.

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Legal Aid SocietyTeaching Tips Building Blocks of Success for Children with Developmental Disabilities Foundations s children, many of us played with building blocks that helped lay the foundation for learning and our future success. Children need a solid foundation that is a mixture of love, care, training, and protection. Unfortunately, not all children receive the foundational support they need. This familiar case scenario plays out in many of our Guardian ad Litem Mexcye C. Roberts, Esq. (“GAL”) cases: Mom and dad abuse substances or alcohol. The children frequently witness domestic violence in the home. The children, fearful and afraid, are dirty, crying, and hungry when police arrive at the home. The home is filthy with drug paraphernalia within easy reach of the children. Child Protective Services investigates and removes the children from the parents’ care. Two of the children are sheltered and placed with relatives. The youngest child has a developmental disability and, due to neglect, he is taken to the hospital then placed in medical foster care upon his release.

As an emergency court, the dependency system is designed to identify the problems existing within the family unit, put services in place to fix the problems, and when it is possible to do so safely, reunify the family as the primary option. Equipping families with the tools to be a successful family unit is the objective. Available services and support for the family might include, among other resources, substance abuse evaluation and treatment, individual and family therapy, batterer’s intervention programs, domestic violence classes, parenting classes, and tutoring. All case plans should be tailored to meet the needs of the family’s circumstances.

Generally, after monitoring the reunified family for six months, the case can close.

What about the child with the developmental disability?

There are also building blocks of success that lay the foundation for GALs representing children with developmental disabilities, and the blocks begin with statutory provisions. Chapter 39, Florida Statutes, provides for the appointment of an attorney to represent children with certain special needs. Specifically, a dependent child who has certain special needs has a particular need for an attorney to represent the dependent child in proceedings under this Chapter, as well as in fair hearings and appellate proceedings, so that the attorney may address the child’s medical needs, plus the services and supports necessary for the child to live successfully in the community. § 39.01305 (1)(a)2, Fla. Stat. (2020).

Section 39.01305(3)(c), Florida Statutes, provides that an attorney shall be appointed for a dependent child who has a diagnosis of a developmental disability as defined in section 393.063.

Section 393.063(12), Florida Statutes, defines “developmental disability” as s “a disorder or syndrome that is attributable to intellectual disability, cerebral palsy, autism, spina bifida, Down

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syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely.”

Children with developmental disabilities may qualify for services that extend beyond the life of the dependency case.

A child with a developmental disability may need more than the typical services mentioned above. When serving as an advocate for a child with a developmental disability, a good practice is to request documentation about the child’s condition during the initial stages of the dependency case. For medical conditions, key documentation would include medical records diagnosing the child with a developmental disability. For a child with autism, important documentation would include the child’s individualized education program (“IEP”), psychoeducational evaluation, and medical or psychological records indicating the child was diagnosed with autism. Another good practice is to always obtain the child’s birth certificate and Social Security card. The dependency case manager is your ally in this process. The case manager can assist with obtaining the records. They can also apply for Social Security benefits on the child’s behalf.

The goal is to ensure that children with developmental disabilities are set up with the additional services and support they need prior to the dependency case closing. Children with special needs may be eligible for services from agencies such as the Agency for Persons with Disabilities (“APD”) and Social Security. For example, a child with cerebral palsy might require a specialized wheelchair to assist them in conducting their daily activities. The wheelchair can be tailor-made to the child and designed to adjust as the child grows up. Children in the dependency system receive APD priority. Many services follow the children into adulthood. Other services might include physical therapy, speech therapy, or even special teaching technology.

Another ally in assisting children with developmental disabilities is Embrace Families, the lead agency for child welfare services.

Once the records diagnosing the child with a developmental disability have been obtained, the Embrace Families APD liaison will assist with submitting an APD application for the child. APD’s self-described mission is that it provides critical services and support for customers with developmental disabilities so that they can reach their full potential. To be eligible, a person must live in Florida, be at least 3 years old and have a diagnosed developmental disability that occurred before the age of 18. The GAL Program’s Developmental Disabilities team is always available to assist you with the process. We work closely with Embrace Families to identify children with developmental disabilities and ensure that these special children receive the appropriate review and screening for APD services.

Vanessa Monn is a Clinical Coordinator at Embrace Families and serves as the APD liaison in Orlando. The earlier the records are obtained and sent to Ms. Monn, the sooner we can start the process on behalf of the children. After reviewing the child’s records,

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Judge Donald Myers, Jr., Judge Eric DuBois, Adriana Cespedes, Stephanie Alcalde, Judge Diana Tennis Bruce Mount, Lisa Gong Guerrero, Keshara Cowans

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theBriefs October 2021 Vol. 89 No. 8

OCBA July Luncheon

Terry Mohajir, Vice President and

Director of Athletics, UCF July 22, 2021 Embassy Suites by Hilton Downtown Orlando Title Sponsor: Anthem Reporting

Lisa Gong Guerrero, Judge Denise Beamer, Michael Barber, Jennifer Smith Thomas, Judge John Beamer, Judge Vincent Chiu, Sarah Lucker

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Robyn Lesser, Robert Wilkins, Jr.

Tanya Bahena Hernandez (OCBA Foundation Scholarship Winner), Judge Andrew Cameron

Clerk Tiffany Moore Russell, Eric Reed, Deborah Moskowitz

theBriefs October 2021 Vol. 89 No. 8

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Best Team Name: Benchwarmers

Young Lawyers – Barely Legal

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theBriefs October 2021 Vol. 89 No. 8

OCBA 17th Annual Trivia Contest

August 10, 2021 Ace Café Sponsored by: Cole, Scott and Kissane, Milestone Reporting

First Place: Our Magnum Opus

Kate Hollis, Nick Seidule (Orlando Trivia Nick), Jessica Travis

Second Place: CFAWL – We Got This!

Third Place: Team Lit 2

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Eric Reed, Euribiades Cerrud II, Judge Eric DuBois

Warren Lindsey, John Fisher, Eric Elms, C. Gene Shipley, Penelope B. Perez-Kelly

Ashley Baillargeon, Deborah Moskowitz, Michael Barber

Eric Reed, sponsors Paul Dumm, Bob Morrison

F. Scott Westheimer Judge Andrew Bain Tad Yates Photos: Flo Boehm

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theBriefs October 2021 Vol. 89 No. 8

OCBA August Luncheon: State of the Circuit The Hon. Lisa T. Munyon, Chief Judge, Ninth Judicial Circuit Court August 26, 2021 Embassy Suites by Hilton Downtown Orlando Title Sponsor: Rosenfield and Company

100 Percent Club Presentation: Eric Reed, Debra Botwin, Melissa Lebron

Eric Reed, Chief Judge Lisa T. Munyon Penelope B. Perez-Kelly, Euribiades Cerrud II, Cindy Duque-Bonilla, Ana Maylin Lopez

Legal Aid Society of the OCBA Staff – JoAnn Tucker-Hall, Bethanie Barber, Michelle Erazmus, Janelle Green

theBriefs October 2021 Vol. 89 No. 8

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PAGE 21

Guest Column What Forum Decides Arbitrability? . . .

Stay Tuned to the Florida Supreme Court Introduction onsider this scenario, which happens far too often: your client enters into a construction contract (or subcontract) that includes a binding arbitration clause for any and all claims arising out of or relating to the subject matter of the contract.

That clause essentially waives the client’s right to his day in court Joseph A. Lane, Esq. and obligates the parties to resolve all issues in front of an arbitrator. No need to worry – you will never have to sue on that contract because everything will go perfectly or “work out.” Needless to say, in this scenario, you could be terribly wrong. Things can go badly, very badly, and now you need to sue. Now you have to seriously consider that pesky arbitration clause. Perhaps this still does not bother you; arbitration can be cost effective and, depending on the industry, arbitration may be the better and quicker Rasheem Johnson, Esq. process to distill the complex issues involved. Many arbitration advocates feel this is especially true for sophisticated construction disputes. On the other hand, maybe arbitration is not the way you want to go. This could be for a plethora of reasons: your client is a sympathetic property owner who could really use a jury of his or her peers; your case requires vast discovery from non-parties that will be most efficiently obtained using the subpoena power of the court; or, youmay believe that the cost and delay of litigation will incentivize settlement.

C

Of course, by now it is well known that arbitration is “‘favored by the courts . . . and all doubts should be resolved in favor of arbitration.’”1 Still, a serious issue could exist as to whether the dispute is outside the scope of the arbitration clause. In other words, the issue truly may not be arbitrable. Which brings us to the issue of this article: when one party feels that an issue or dispute is not arbitrable, who decides that issue? The court or the arbitrator? In this article, we focus on how a dispute over arbitrability is affected by having incorporated the Construction Industry Arbitration Rules (“the Construction AAA Rules”) into the contractual arbitration provision. Those incorporated Construction AAA Rules can affect and may control the forum deciding if arbitration will apply .

General Rule – The Law Today The general rule presumes that arbitrability is an issue for the court to decide.2 However, this presumption may be overcome if the parties “clearly and unmistakably” delegate the power to decide arbitrability to the arbitrator.3 Most courts agree this standard is met by simply stating that arbitration shall be conducted PAGE 22

in accordance with the American Arbitration Association Rules (“the AAA Rules”).4 This is because the current AAA Rules delegate the issue of arbitrability to the arbitrator.5 The key word in all of this, however, is “most.” A split exists today between two Florida District Courts of Appeal as to whether the bare incorporation of the AAA Rules clearly and unmistakably delegates the issue of arbitrability to the arbitrator.

Conflicts Between the Florida Courts On March 2, 2021, the Florida Supreme Court accepted conflict jurisdiction on the important question of whether the arbitrator or the court is to decide whether a reference to the AAA Rules within the arbitration clause shows a clear and unmistakable intent to delegate the issue of arbitrability to the arbitrator.6 The answer to this question may end up controlling who decides any disagreement involving arbitrability under the AAA Rules.

The Florida Supreme Court certified conflict between the Second District Court of Appeal decision in Doe v. Natt, 299 So. 3d 599 (Fla. 2d DCA 2020), and two other decisions, one from the Fourth District Court of Appeal and one from the Fifth District Court of Appeal: Younessi v. Recovery Racing, LLC, 88 So. 3d 364 (Fla. 4th DCA 2012), and Reunion West Development Partners, LLLP v. Guimaraes, 221 So. 3d 1278 (Fla. 5th DCA 2017). Specifically, the Second, Fourth, and Fifth District Courts of Appeal disagree as to the level of detail required in a construction contract to delegate the decision of arbitrability to the arbitrator under the current AAA Rules.

Both the Fourth and Fifth District Courts of Appeal agree that a contract that incorporates the AAA Rules on its face, and without more, shows a clear and unmistakable intent to delegate the decision of arbitrability to the arbitrator.7 On the other hand, the Second District Court of Appeal held that mere incorporation of the AAA Rules does not by itself show a clear and unmistakable intent to delegate arbitrability to the arbitrator.8 Notably, on March 21, 2021, the Fourth District Court of Appeal limited its decision in Younessi and sided with the Second District Court of Appeal. This occurred nineteen days after the Florida Supreme Court accepted conflict jurisdiction: [S]imilar to Natt, the issue we confront in this case is whether contract language incorporating a set of arbitration rules by general reference, rather than by reference to a specific rule granting authority to decide what is arbitrable, “clearly and unmistakably” supplants a court’s statutory power to decide what is arbitrable. Adopting the reasoning of the Second District in Natt, we hold that on the facts of this case, the general reference to “AAA rules” did not “clearly and unmistakably” supplant the trial court’s authority to decide what is arbitrable. We also take this opportunity to explain the limits of our opinion in Younessi.9

Notwithstanding, a conflict still exists between the Second and Fifth District Courts of Appeal. Furthermore, the Third District Court of Appeal also takes a position similar to the Fifth District Court of Appeal, which also appears to conflict with the Second District Court of Appeal.10 theBriefs October 2021 Vol. 89 No. 8 www.orangecountybar.org

AAA Rules as Applied to Construction Agreements By way of background, the standard forms of contract documents from the American Institute of Architects (the “AIA”) between Owner and Contractor, and between Contractor and Subcontractor, contain what is frequently referred to as an “all claims” provision, requiring mediation and binding arbitration of disputes: The term “Claim” also includes other disputes and other matters in question between the Owner and Contractor arising out of or relating to the Contract.11 Pursuant to section 15.4.1: If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation, shall be subject to mediation...[and] shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement.12 As noted, most courts have determined that such a reference to the Construction AAA Rules by itself shows a clear and unmistakable intent to delegate the decision of arbitrability to the arbitrator. The Construction AAA Rules empower the arbitrator to decide disagreements over the arbitrability of a particular dispute.

Enforceability can be a more serious potential issue when litigation of the dispute appears (to one party or the other) preferable to mainstream construction arbitration. Under the Construction AAA Rules, disagreements over arbitrability (including whether arbitration extends to portions or all of the dispute) are decided by the arbitrator whose decision binds the parties, with very limited, if any, practical appeal rights. Contrast this with the process prescribed under Chapter 682, Florida Statutes, also known as the Florida Arbitration Code. Under this statutory provision, the trial court decides the issue of arbitrability, from which an appeal may be taken to the pertinent District Court of Appeal.13 Such an appeal would apply a de novo standard of review where the issue is simply interpreting the contract provision.14 The conflict before the Florida Supreme Court deals with incorporation of the Consumer Arbitration Rules.15 However, the Consumer Arbitration Rules’ section on arbitrability, Rule R-14(a), is virtually identical to the provision which appears in the Construction AAA Rules, R-9(c). As such, the decision of the Florida Supreme Court will have strong implications for construction contracts. Should the outcome from theBriefs October 2021 Vol. 89 No.

the Florida Supreme Court, based on the current AAA Rules, not find the arbitrator authorized to decide arbitrability, then it appears arbitrability under a contractual provision would be decided by the Florida trial court under section 682.02(2). That judicial decision would be reviewable by the District Court of Appeal.16 An arbitrability decision by the arbitrator or court may well be impacted by whether the contract drafter modified the arbitration clause to clearly leave the arbitrability decision to the trial court and not to the arbitrator. The need for drafting modifications and clarity may be even more important when the clause defines varying subsets of disagreements that are subjected to arbitration.

For example, the arbitration clause may submit to binding arbitration disagreements over change orders in excess of (or less than) a stated value (where the dollar value of the disputed change order is the key); or instead may tie arbitrability to the dollar amount of an entire underlying dispute. In all such matters, the key task is and will remain clarity of the arbitration clause.

Takeaways The decision of the Florida Supreme Court will be both interesting and of significant

practical impact to those who draft, review, and apply these contractual provisions for arbitration of disputes under the current AIA and applicable AAA Rules. Despite the decision of the Florida Supreme Court, however, the standard for delegating arbitrability is likely to remain the same: clear and unmistakable intent. Parties should strive to be as clear as possible if their intent is to delegate the issue of arbitrability to the arbitrator. Clarity of written expression will remain of paramount importance.

Joseph A. Lane, Esq., practices construction law, including preparation of construction documents, disputes over construction defects, insurance, bonding, bid protests, and dispute resolution through mediation, litigation and arbitration at Lowndes, Drosdick, Doster, Kantor & Reed, P.A. He has been a member of the OCBA since 1987.

Rasheem Johnson, Esq., practices complex litigation and dispute resolution at K&L Gates. He has been a member of the OCBA since 2018.

Miami Marlins, L.P. v. Miami Dade Cty., 276 So. 3d 936, 938 (Fla. 3d DCA 2019) (quoting CT Miami, LLC v. Samsung Elecs. Latinoamerica Miami, Inc., 201 So. 3d 85, 90 (Fla. 3d DCA 2015)); see also, Beach Resorts Intern., Inc. v. Clarmac Marine Constr. Co., 339 So. 2d 689 (Fla. 2d DCA 1976); Knight v. H.S. Equities, Inc. v. H.S. Equities, Inc.¸280 So. 2d 456, 459 (Fla. 4th DCA 1973).

2 Grant v. Rotolante, 147 So. 3d 128, 130-31 (Fla. 5th DCA 2014) (quoting Oracle Am., Inc. v. Myriad Grp. A.G., 724 F. 3d 1069, 1072 (9th Cir. 2013)).

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14th Annual Breakfast of Champions Fundraising Event NOVEMBER 18, 2021 | 8:00 AM Join the Legal Aid Society of the Orange County Bar Association, Inc. as we celebrate 60 Years of Service at the 14th Annual Breakfast of Champions Fundraising Event.

During this event, you will hear heartwarming stories of the Legal Aid Society's impact on Central Florida communities.

Register by Visiting: www.legalaidocba.org Wa n t t o b e a S po n so r? Call : 7 7 2- 8 1 2- 5 1 7 5 "Fueled by the Past, Gearing Up for a Better Tomorrow."

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Insurance LawCommittee continued from page 10

had budgeted more than the deductible for repairs in 2005 and was advised in both 2006 and 2009 that Hurricane Wilma had damaged the premises but still waited until July of 2010 to advise the Insurer.26 The Yacht Club argued that its notice was prompt because it was within the fiveyear limitation set forth in the policy.27 However, the Court ruled that the Yacht Club’s contention that notice was prompt because it was within the five-year limitation set forth in the policy is inapposite.28 The Court found that the limitation period within the policy does not define the contours of prompt notice.29 The Court noted that the Yacht Club’s argument to rebut the presumption of prejudice was only that both parties’ experts gave opinion, which the Court found was not enough to create a genuine issue of material fact.30 The Court stated that “the ability to offer testimony as to causation does not alone satisfy the purpose of prompt notice and therefore cannot vitiate the prejudice suffered by the Insurer due to delayed investigation and mitigation.”31 The Yacht Club’s expert had acknowledged that the structure sustained additional damage due to repairs not being made immediately after the hurricane, which the Court found to be evidence of prejudice against the Insurer.32 Similarly, in Clena Investments, Inc. v. XL Specialty Insurance Co., a commercial property insurance policy required notice “‘as soon as practicable,’ of any occurrence that could lead to an insurance claim[.]”33 In Clena, the Insured waited approximately four years to make a claim to the insurer for Hurricane Wilma damage. In the Court’s two-step analysis for determining whether late notice bars the claim, the Court maintained that under Florida law, each case must be evaluated under specific facts and circumstances at play.34

As to determining whether notice was timely provided, the Court held that the insured should have provided notice sooner, as it was aware of certain roof problems and made repairs to the roof; however, did not report the claim.35 The Court noted that the insured had constructive knowledge of the damage years prior to filing the claim.36 The Court also looked to the fact that even though the insurer’s engineer concluded that some of the damage was caused by wind and wind-blown debris, the engineer could not identify when the damage occurred, nor could he pinpoint it to a particular hurricane, tropical storm, or other wind event.37 Provided the facts of the case, the Court found that “no rational juror could find that Clena’s notice to the insurer, coming some four years after Hurricane Wilma, was timely under the circumstances.”38 The Court maintained that individual, case-bycase analysis was required of the facts and circumstances around each allegedly late notice case.39 Notwithstanding, the Court found that “when the undisputed factual record establishes notice is so late that no reasonable juror could find it timely, Florida courts will deem the notice untimely as a matter of law.”40 Furthermore, as these issues continue to be litigated, time will tell whether late notice will continue to be a defense to insurers.

However, as it stands now, it is critically important that policyholders report damage as soon as they realize it has occurred.

Gabrielle Sanandajian, Esq., is an associate attorney at Cole, Scott & Kissane, P.A., where she practices property, construction, and employment law. She currently serves as the Co-Chair of the OCBA Insurance Law Committee and chairs various OCBA YLS Committees. She has been a member of the OCBA since 2019.

Ideal Mut. Ins. Co. v. Waldrep, 400 So. 2d 782, 785 (Fla.

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3d DCA 1981).

Bankers Ins. Co. v. Macias, 475 So. 2d 1216, 1218 (Fla. 1985).

3 Hope v. Citizens Prop. Ins. Corp., 114 So. 3d 457, 459 (Fla. 3d DCA 2013).

4 Yacht Club on the Intracoastal Condo. Ass’n, Inc. v. Lexington Ins. Co., 599 F. App’x 875, 877 (11th Cir. 2015) .

5 Id. at 879 (citation omitted).

6 Id. 7 1500 Coral Towers Condo. Ass’n v. Citizens Prop. Ins. Corp. 112 So. 3d 541, 543 (Fla. 3d DCA 2013).

8 Id. 9 PDQ Coolidge Formad, LLC v. Landmark Am. Ins. Co., 566 F. App’x. 845, 848 (11th Cir. 2014).

10 Yacht Club on the Intracoastal Condo. at 877.

11 Id. 12 Id. at 877.

13 Id. at 880.

14 Id. at 877.

15 Id. 16 Id. at 878.

17 Id. 18 Id. 19 Id. 20 Id. at 879.

21 Id. 22 Id. 23 Id. (citations omitted).

24 Id. at 880.

25 Id. 26 Id. at 877.

27 Id. at 879 28 Id. 29 Id. 30 Id. at 882.

31 Id. at 881.

32 Id. 33 Clena Invs., Inc. v. XL Specialty Ins. Co., 10-CV-62028, 2012 WL 1004851, at *1 (S.D. Fla. Mar. 26, 2012).

34 Id., at *6.

35 Id. 36 Id. 37 Id., at *1.

38 Id., at *4.

39 Id. 40 Id., at *5.

2

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residential treatment facility. It will teach PB GALs how to advocate for youth in these settings.

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theBriefs October 2021 Vol. 89 No. 8

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Serving TK–8th Grade

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Legal Aid SocietyTeaching Tips

Guest Column

if the child meets the criteria for APD, Ms. Monn submits an application on the child’s behalf for APD. Generally, we receive a response from APD within 60 days.

Once a child is approved for APD services, they are typically placed on a wait list until they achieve permanency. When the child achieves permanency, they are assigned a Waiver Support Coordinator who sets up the services and support that the child needs. The services can be modified and tailored to meet the child’s development needs as they grow.

Children with developmental disabilities can receive the foundational support needed to lead happy and successful lives. Building blocks of success are available for all children. As advocates, we play a strong role in making this happen!

For more information about becoming a GAL, please contact Mexcye Roberts, Esq., at mroberts@legalaidocba.org or by calling 407-841-8310, ext. 3176. For more information on how to become a financial donor or to help with fundraising opportunities, please contact Donna Haynes, Developmental Director, dhaynes@ legalaidocba.org or by calling 407-515-1850.

Id.; see also AT&T Techs. v. Commc’ns Workers of Am., 475 U.S. 643, 649 (1986) (citing Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574 (1960)).

4 Archer and White Sales, Inc. v. Henry Schein, Inc., 935 F. 3d 274, 278 (5th Cir. 2019).

5 See e.g. Am. Arbitration Ass’n, Commercial Arbitration Rules and Mediation Procedures, Rule R-7 (2013); Am. Arbitration Ass’n, Construction Industry Arbitration Rules and Mediations Procedures, Rule R-9 (2015); Am. Arbitration Ass’n, Consumer Arbitration Rules, Rule R-14 (2014); Am. Arbitration Ass’n, Employment Arbitration Rules and Mediation Procedures, Sec. 6 (2009).

6 Airbnb, Inc. v. Doe, SC20-1167, 2021 WL 798838 (Fla. Mar. 2, 2021).

7 Guimaraes, 221 So. 3d at 1280 (internal citations omitted); Younessi, 88 So. 3d at 365 (internal citations omitted).

8 Natt, 299 So. 3d at 606-07.

9 Fallang Family Ltd. P’ship v. Privcap Cos., LLC, 316 So. 3d 344, 349 (Fla. 4th DCA 2021).

10 Miami Marlins, L.P., 276 So. 3d at 940 (noting that reference to the Commercial Arbitration Rules of the AAA delegated the issue of arbitrability to the arbitrator); Glasswall, LLC v. Monadnock Constr., Inc.,187 So. 3d 248, 251 (Fla. 3d DCA 2016) (“[B]y incorporating the Construction Industry Rules of the AAA which make the issue of arbitrability subject to arbitration, there is clear and unmistakable evidence of . . . intent to submit the issue of arbitrability to an arbitrator.”).

The Second District Court of Appeal also con-

continued from page 13

continued from page 23

Mexcye C. Roberts, Esq., is a GAL Program Developmental Disabilities Attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2015.

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DEVELOPING STUDENTS INTO CONFIDENT, CHRISTIAN LEADERS.

3

www.orangecountybar.org

flicts with most of the country, as most courts have decided that incorporation of the AAA Rules shows a clear and unmistakable intent to delegate arbitrability to the arbitrator. This is also the current standard in the federal courts system. Archer and White Sales, supra.

11 See AIA, A201-2017 General Conditions of the Contract for Construction, § 15.1.1 (2017).

12 Id., at § 15.4.1.

13 § 682.02(2), Fla. Stat. (2020).

14 Hernandez v. Crespo, 211 So. 3d 19, 24 (Fla. 2016).

15 Natt, 299 So. 3d at 610, n. 8 (Villanti, J., dissenting) .

16 Hernandez, supra.

The Legal Limit is the official podcast of the Orange County Bar Association, Inc. The Legal Limit brings you one-on-one interviews with the people shaping our Central Florida community. theBriefs October 2021 Vol. 89 No. 8

ParalegalPost Paralegal Section Annual School Supply Drive

O

n Thursday, July 29, 2021, the Paralegal Section of the Orange County Bar Association held its annual School Supply Drive event, and it was a huge success! With children returning to school after a year and a half of dealing with COVID-19, and so many families still trying to financially recover from the devastating blow, we knew there would be many children who would desperately April Phillips, FRP need school supplies. During our board meeting one month prior to the event, I made the comment to the board that I wanted to fill up my Ford F150 with school supplies (everyone likely thought I was crazy)! We set up an Amazon gift registry loaded with school supplies which turned out to be a huge success. I think the Amazon delivery truck was at my house nearly every day! We held the event at Persimmon Hollow Brewing in Downtown Orlando. At the end of the event, I stood there and looked at all the school supplies that had been donated and I could not believe my eyes. We accomplished what we set out to do. We, quite literally, filled my Ford F150 with over 600 school supplies that were collected in less than 30 days! Later that night, as I unloaded boxes upon boxes of school supplies into my office, I couldn’t help but become emotional at the sight of it all. I knew we had made a huge impact, but I wouldn’t know just how huge of an impact until the next day.

The school we chose to receive the donations was Lovell Elementary School. The following Tuesday, I reached out to Diane Valezquez, a City of Apopka Commissioner who works closely with the school, and she informed me that Lovell El-

ementary was in desperate need of school supplies as they had received virtually none this year. I made a phone call to Alicia Mellano, the Parent Engagement Liaison for Lovell Elementary. I informed her of the event that we had held and that we had chosen Lovell Elementary to receive all the donated supplies. She began to cry and said to me, “This is a miracle in the eleventh hour! We were supposed to receive a donation of backpacks and school supplies, but they have not arrived, and I have not been able to get in touch with the person who was supposed to make the donation. Our Meet the Teacher event is tonight. That’s when we normally pass out the backpacks and school supplies to the children, but until you called, we had nothing to give them!” I had planned to deliver the supplies the next morning, but I rounded up some people to help, and with the assistance of Apopka City Commissioner Diane Valezquez, we made the delivery within two hours! We frantically stuffed backpacks with supplies and divided up the items by grade level. Everything was ready to go, and the kids would receive their supplies later that night at Meet the Teacher! Ms. Mellano has a message for everyone that donated school supplies to benefit the children of Lovell Elementary: “Your donations have taken a huge emotional burden off our families and students during these difficult times. Your support has helped to alleviate the financial stress that these families are feeling. On behalf of all the staff, students, and families of Lovell Elementary School, we thank you from the bottom of our hearts.”

I would personally like to thank everyone who donated. Your generosity is so very much appreciated. Additionally, I want to send out a huge thank you to the Paralegal Section Board of Directors who helped plan the event, who collected donations, and who worked so hard to make sure that these children were able to start the school year off with the supplies they need to be successful. We look forward to throwing this event year after year and continuing to make a wonderful impact on our Orange County schools in need!

April Phillips, FRP, is a Florida Registered Paralegal and is the President of the OCBA Paralegal Section for the 2021-2022 term. She is a Law Firm Business Consultant and freelance Family Law Paralegal. April has been an OCBA member since 2013.

School Supplies Donated for the Event

Paul Pelton – Paralegal Section Board of Directors

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Voluntary BarNews SideBar

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here are no tricks, just treats with our voluntary bar associations. Here is a glimpse of what some of our voluntary bar associations have been busy doing to make this a great fall y’all!

Greater Orlando Asian American Bar Association On July 12, 2021, the Greater Orlando Asian American Bar Alena V. Baker, Esq. Association (GOAABA) held their 2021-2022 GOAABA installation event. Then on August 14, 2021, GOAABA hosted their 2021-2022 Board Retreat.

Good luck to all the new board members of GOAABA and we look forward to all the amazing things you will accomplish.

Kenway Wong, Cathleen Winter, Scott Leitner, Avita Samaroo, Judge Vincent S. Chiu, Teris Deitsch, Cynthia Winter, David Yau, Onchantho Am, Mayor Jerry L. Demings

Kenway Wong Cathleen Winter

Wanda Reas, Leia Leitner, Kim Gray, Onchantho Am, Mayor Jerry L. Demings, Kenway Wong, Christine Malamanig Berk, Lisa Gong Guerrero, Vanessa Alexandra Braga, Annie Kwong

Cathleen Winter, Kenway Wong, Avita Samaroo, David Yau, Cynthia Winter, Teris Deitsch, Shante Pressley, Scott Leitner

The Central Florida Association for Women Lawyers (CFAWL) has started off their new year with a bang. CFAWL members have embraced President Heather Meglino’s theme for the year, “CFAWL We Got This!,” and hit the ground running.

The month of August began with their monthly luncheon, sponsored by Hylant, and featured President and CEO of WMFE, Erika Pulley-Hayes. Ms. Pulley-Hayes spoke about how she pursued her dreams and overcame fear and obstacles to become the first woman president and CEO of WMFE. Then, CFAWL scored an impressive second place win at the OCBA’s an- August Luncheon Speaker: Erika PulleyHayes, Heather Meglino

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www.orangecountybar.org

nual trivia night. Next, on August 18, 2021, CFAWL celebrated being back together in person with a photo shoot extravaganza at Wall Crawl in downtown Orlando.

Also in August, CFAWL teamed up with the Orange County Bar Association’s Young Lawyers Section for the Annual Backpack Project to help the children of Washington Shores and Rock Lake Elementary schools have a successful school year. With the help of many sponsorships and donations, both organizations, working with A Gift for Teaching, provided 330 backpacks filled with school supplies to Washington Shores Elementary School as well as school supplies to Rock Lake Elementary School. theBriefs October 2021 Vol. 89 No. 8

CFAWL continued CFAWL’s Table for Eight also returned with two amazing events in August. The first Table for Eight was hosted by David and Shelby Varet (and Jackson too), and featured special guests: the Honorable Evellen Jewett, the Honorable Steve Jewett, the Honorable Andrew Cameron and the Honorable Michael Deen. Then, at the end of August, past CFAWL Presidents Jamie Billotte Moses and Mary Walter hosted a fun-filled night of bingo at The Twisted Handle.

In September, CFAWL co-hosted two great events with other local bar associations. On September 10th, CFAWL held a joint luncheon with the OCBA YLS at the Citrus Club where attendees heard from the Florida Bar President-Elect Candidates: Lorna Brown-Burton and Scott Westheimer. Members also enjoyed a joint Zoom CLE with the Greater Orlando Asian American Bar Association on “50 Lessons for Women Lawyers from Women Lawyers” featuring author Nora Riva Bergman and other chapter authors from her book.

CFAWL wants you to save the date! November 18th is CFAWL’s signature event, the Judicial Reception. Spend an incredible evening mingling with our distinguished judges at the enchanting Casa Feliz in Winter Park. For more information including sponsorship possibilities, please contact Fay Pappas at fay@baileyfisherlaw.com.

CFAWL at Wall Crawl: Jennifer Smith Thomas, Tina Leger, Lori Wurtzel, Heather Meglino, Mary Walter; Back row: Leia Leitner, Nicolette Kramer August luncheon: David Varet, Heather Meglino, Nequosha Anderson

CFAWL’s 2nd Place Trivia Team – “We Got This” – Lauren Millcarek, Heather Meglino, Heather Kolinsky, Kimberly Soto, Amanda Sampaio Bova, Jacob Schumer

Paul C. Perkins Bar Association Congratulations to the newest board members of The Paul C. Perkins Bar Association: Benjamin C. Garcia Esq., President; Ashley R. Wright Esq., President-Elect; Jared A. Brooks, Esq., Immediate Past President; Ayana K. Barrow, Esq., Treasurer; Annie B. Blanc,

Esq., Secretary; Lisa G. Harvey, Esq., Parliamentarian; Ryan A. Fletcher, Esq., General Counsel; Jennell R. Loper, Esq., Historian; Anika N. Boyce, Esq., At-Large Member; Orlando J. Sheppard, Esq., At-Large Member.

Ashley R. Wright Ayana K. Barrow Roger L. Johnson Ronalda Stevens-Rogers Jennell R. Loper Lisa G. Harvey

Benjamin C. Garcia, Kevin Nash, Bruce Mount, Greg Francis, Ryan Fletcher

Ashley R. Wright Anika N. Boyce Ashley Dunbar Ayana K. Barrow Ronalda Stevens-Rogers Jennell R. Loper

theBriefs October 2021 Vol. 89 No.

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

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Grow your practice and serve the community!

Join the OCBA Lawyer Referral and Information Service or Modest Means Program.

The LRIS referred 5,546 clients and generated more than $1.5 million in attorneys’ fees last year.

Visit https://www.orangecountybar.org/ for-attorneys/join-lawyer-referral-service/ to apply or contact candiced@ocbanet.org.

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PAGE 30

The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice.

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Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee | Clio.com/OCBA. DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today!

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FirmPro – by C&R Insurance Services, LLC helps protect law firms with 1-9 attorneys and offers a discounted rate to attorneys averaging less than 26 billable hours per week. With 17 years of experience, we bring our knowledge and access to Hudson Insurance Group (rated an “A” Excellent admitted carrier) to Florida attorneys. To get a quote, please visit: www. insuringlawyers.com/get-insurance-quote.

Florida Lawyers Mutual Insurance Company – Created by The Florida Bar, Florida Lawyers Mutual provides high-quality professional liability insurance to help protect Florida lawyers and their clients, while providing personal service that no one can match. • 800-633-6458 Seacoast Bank – Your Florida community bank • Johanna Proctor • 250 N Orange Ave, Orlando, FL 32801 • 407-916-9804 | Johanna Proctor@ seacoastbank.com.

Prime Legal – We are happy to announce Prime Legal as our Preferred Vendor for Digital Marketing. Prime Legal’s objective is to handle YOUR law firm’s marketing, so you can focus on winning cases and supporting clients.

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

National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide. Visit mynpp.com/association/ocba/ The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

www.orangecountybar.org

theBriefs October 2021 Vol. 89 No. 8

Young Lawyers SectionNews YLS on the Move

F

irst and foremost, we are our event co-chairs Vanessa Braga, Meghan McComas, and proud to announce that Lyn- Arti Hirani for their tireless efforts to bring the tournament back da Girven was this year’s after last year’s cancellation. While the golf tournament is always recipient of the a lot of fun, it’s also our main fund$12,000 OCBA raiser for the many charitable proYLS Scholarship. grams we put on during the year. A She also received a massive thank you to all who plan $1,000 book award on attending in support of our confrom the Second tinuing efforts to give back to the Chance Florida greater Orange County community!

Foundation and And if that isn’t enough, we will Lynx Legal Serload up a bus to make our annual Linnea M. Eberhart, Esq. vices. Congratulapilgrimage to Gainesville for the UF tions Lynda and best of luck as you start your acahomecoming game on October 9! demic journey at Valencia!

Once we arrive, we’ll met up with On September 10, Florida Bar President-Elect students at the University of Floricandidates Lorna Brown-Burton and F. Scott da Levin College of Law for an epic Westheimer joined us at our joint luncheon with tailgate before heading over to the the Central Florida Association of Women Scholarship Recipient Lynda Girven game. Thanks to our co-chairs AnLawyers so we could get to know them both and hear about their drew Kelly and Samantha Duran for coordinating and making campaign platforms and plans for the Bar – definitely big things sure everyone will have a good time! in store so you’ll want to keep an eye on these two as they gear up Stay tuned for these upcoming YLS events: for Florida Bar elections next March.

October 15, 2021 – YLS Luncheon We also got social again this month – finally! November 19, 2021 – YLS Luncheon YLS was out in force for December 9, 2021 – YLS Holiday Party (Members Only) the OCBA’s 17th An- January 15, 2022 – YLS Annual Charity Putt-Putt Tournament nual Trivia Contest on August 10 and although We’re just getting started with more events yet to come, so make our “Barely Legal” team sure to follow us on Facebook, Instagram, and Twitter for live didn’t take home a tro- news and updates! If you’re able to join us at any of our events, phy, they held their own either in person or virtually, don’t forget to tag us @ocbayls and and had a blast. To keep #WeDoMore and #WeRiseAbove! the momentum going, Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, where she that will be followed up practices intellectual property law. She has been a member of the OCBA with a whiskey tasting since 2015. on October 7 sponsored OCBA Trivia Night: Michael Barber, Adrian

by Haliczer, Pettis, Camino, Vaughn Glinton, Christy Fekany, and Schwamm who Kelsey Weiss, and Brandon Sapp will provide a fantastic evening of fellowship and fine whiskey at The Woods. Thanks to YLS Social Committee co-chairs Eloisa Pino, James Davis, and Devyn Nixon for organizing!

October will also see the return of our much beloved Annual Charity Golf Tournament. This year’s tournament will be held on October 8 at Rosen Shingle Creek. A great time is in store for all, no ifs, ands, or putts about it! Thank you to our sponsors for providing an un-fore-gettable day of golf, food, and drinks, and to

Backpack Project – Stuffing Backpacks at A Gift for Teaching

theBriefs October 2021 Vol. 89 No.

www.orangecountybar.org

PAGE 31

BUSINESS MEDIATI ON THOMAS P. WERT Florida Supreme Court Certified Mediator Certified Federal Court Mediator, Middle District Of Florida ■ 27 Years Experience In Business Litigation ■ Florida Bar Board Certified Specialist In Construction Law ■ Governor, Florida Bar ■

■

CALL 407-428-5197 OR CONTACT twert@deanmead.com

OFFICES DOWNTOWN ORLANDO

Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225.

20 or More Members

Beshara, P.A. Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. Davey Law Group, P.A. Debra Wilkinson Botwin, LLC DeCiccio & Johnson 10-19 Members Dellecker Wilson King McKenna Ruffier & Colling Gilbert Wright & Carter, LLC Sos, LLP Fisher Rushmer Legal Aid Society of the Orange County Bar Divine & Estes, P.A. Fassett, Anthony & Taylor, P.A. Association, Inc. Marshall, Dennehey, Warner, Coleman & Flammia Elder Law Firm Forward Law Firm P.A. Goggin Gans Law, P.A. McDonald Toole Wiggins, P.A. Gasdick Stanton Early, P.A. 2-9 Members Anderson & Ferrin, Attorneys at Law, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Artemis Family Law Group, PLLC Green Family Law, P.A. Arwani Law Firm Hale, Hale & Jacobson, P.A. Aust Law Firm Harris Harris Bauerle Ziegler Lopez Barrister Law Firm, P.A. Hilyard, Bogan & Palmer, P.A. Barry Miller Law Hornsby Law Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

PAGE 32

Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group Page & Eichenblatt, P.A. Perez LaSure, LLC Rebecca L. Palmer Law Group

www.orangecountybar.org

Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Marks Law Firm, P.A. The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

theBriefs October 2021 Vol. 89 No. 8

OCBA MemberNews Hearsay You must have been warned against letting the golden hours slip by; but some of them are golden only because we let them slip by.

–James M. Barrie

T

he period of daytime shortly after sunrise and before sunset, affectionately called the “golden hour,” is the ultimate time of day. One marks the beginning of the day and another Michael V. Andriano, Esq. marks the conclusion, both providing an opportunity to reflect, recharge, and rest. With mounting caseloads, billable hour requirements, court docket backlogs, etc., sometimes we find ourselves working right through both, letting them (or advised to let them) slip by, without fully appreciating nature’s portrait. Throughout the past year and a half, work and home life have blended into one, making an all-consuming job even more consuming. However, setting aside this short period of time at the beginning and end of the day will surely ready all for the challenges our profession brings. This short daily pause is surely needed to take care of our mental and physical health and even to celebrate some small victories. The golden hour should be your happy hour, full of appreciation and gratitude. October, my personal favorite (yay Libra season), brings all things fall, all things spooky, and surely a more beautiful portrait during the golden hour. Start where you are. Use what you have. Do what you can.

Honors and Awards Rachel A. O’Brien, Esq., has become a partner of Hill, Rugh, Keller & Main.

Peggy Smith Bush, Esq., Special Counsel in the Orlando office of Marshall, Dennehey, Warner, Coleman & Groggin, has been appointed to the Executive Committee of the Transportation Lawyers Association (TLA).

Maytel Sorondo Bonham, Esq., has joined Shuffield Lowman, practicing in the areas of estate planning, probate, trusts, and guardian advocacy.

Scott A. Cookson, Esq., and Keith J. Hesse, Esq., partners at Shuffield Lowman, have established a dedicated eminent domain practice, with the assistance of Logan J. Opsahl, Esq. Tom Cloud, Esq., of Gray Robinson, received the 2021 Paul S. Buchman Award by the Florida Municipal Attorneys Association (FMAA).

Mel Pearlman, Esq., won an Honorable Mention Award for Journalistic Excellence in Covering Zionism, Aliyah and Israel from the American Jewish Press Association.

Jack C. McElroy, Esq., was named firmwide Managing Partner of Shutts & Bowen.

Scott Rost, Esq., of Brennan Manna & Diamond, Orlando location, was recently appointed to the Florida Supreme Court Historical Society as President.

Cynthia Winter, Esq. and Cathleen Winter, Esq., of The Rebecca L. Palmer Law Group have founded the Orlando Chapter of the American Academy for Certified Litigators (AACFL).

Darren B. Zeigler, Esq., has joined Alvarez, Winthrop, Thompson & Storey, P.A.’s, Orlando office as an associate.

Ashley Parker, Esq., has joined the firm of Lindsey & Ferry, P.A. In Memoriam Robert W. Duckworth, Esq., passed away on July 31, 2021. He was an OCBA past president in 1977-78.

Patrick Doyle, Esq., passed away on February 24, 2021. He was an OCBA member since 1987.

Michael V. Andriano, Esq., is an associate attorney at The Dear Law Firm where he practices construction and business litigation. He has been a member of the OCBA since 2018.

Ne w Me mbers Regular and Government Maria Teresa BATES Jennifer Christen BLOCK Joanna Summers BRUNELL Ritcy M. CANELON Jose I. CONCEPCION Natalya B. LOPEZ Daniel NAST Juliana R. PALMIERI Sanjiv G. PATEL Riya RESHEIDAT Velicia D. SIMMONS

theBriefs October 2021 Vol. 89 No.

Jillian B. SKINNER Matthew B. WASSERMAN Kadean WILSON Lori WURTZEL

Affiliate Tim CARR Kimberly A. JANUZZI

Emeritus Scott A. MROZEK

Patron Michele STEIN

Law Student Veronica ALBA Katherine CASTELLON Callahan CLEERE Destiny HIBBLER Joshua JAGESSAR Laura KRIVICKAS Lindjee NOZIERE Chinyere Jean NWAGBUO Aisha J. PITCAN Katerina QAYYUM Joshua SAUER

www.orangecountybar.org

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!

407-422-4551, ext. 245

PAGE 33

CLASSIFIED ADS EMPLOYMENT “AV-PREEMINENT” rated Winter Park law firm with statewide practice and extensive and established clients seeking an experienced Florida licensed attorney to handle significant real estate transaction matters.

Experience in trust and estates, tax, and/or real estate litigation is a plus. Competitive compensation with significant bonus potential and excellent benefits, including 401K. Email resume to francesg@fishbacklaw.com.

AV RATED DOWNTOWN ORLANDO LAW FIRM is seeking an Associate Family Law Attorney with at least 2 years of experience. Bilingual, Spanish is helpful. Great work environment, pay and benefits. Contact Amy at Admin@LongwellLawyers.com.

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

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load. Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes.com.

INSURANCE DEFENSE FIRM handling first-party property/ liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/Fax/ Mail resume to Office Manager PAGE 34

jmccallister@rocklawpa.com, (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

LEGAL SECRETARY/ASSISTANT General Practice Attorney located in Oviedo is looking for a parttime (24-30 hours) legal secretary/assistant with a minimum of three years relevant experience.

Responsibilities include, but are not limited to, maintaining case files, filing and serving documents through the e-portal, calendaring deadlines, scheduling depositions, hearings, and mediations, drafting correspondence, and communicating with clients.

Candidate must have excellent organizational and communication skills, the ability to multitask, and experience with MS Office Suite, including Outlook. Experience in the areas of personal injury, probate, and family law a plus.

Salary and schedule negotiable.

Please submit resume, references, and a cover letter to kleitch@ cfl.rr.com.

OFFICE OF THE STATE ATTORNEY, 9TH CIRCUIT PARALEGAL SPECIALIST – DISTINGUISHING CHARACTERISTICS OF WORK The ideal candidate will be responsible for the legal analysis of criminal cases.

Duties include reviewing and analyzing investigative reports, sworn statements and evidence received from law enforcement, tasking law enforcement for evidence needed to effectively prosecute a case, and assisting attorneys in preparation for trial. Minimum Training and Experience Graduation from an accredited four-year college or university in criminal justice, legal studies, social services or psychology. Graduation from an accredited four-year college or university and successful completion of a legal assistant education program approved by the American Bar Association; or Graduation from a professional school of law accredited by the American Bar Association or Graduation from an accredited two-year college and successful completion of a paralegal certification. Preference will be given to applicants with experience

as a Paralegal in the Criminal Justice field. Please send your resume’ and cover letter to Tamra Crane @ tcrane@sao9.org. No phone calls please.

Conference room and kitchen use included. As low as $900/ mo. Contact Amy at Admin@ LongwellLawyers.com, or call 407-426-5757.

SMALL, ACTIVE ORLANDO TRIAL FIRM seeks ambitious, self-motivated attorneys with litigation experience. Superior research and writing skills required. Reply: lawfirmreplies@ aol.com.

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

OFFICE SPACE DOWNTOWN ORLANDO – 228 HILLCREST STREET – office space perfect for solo attorney and staff. Three offices, reception area, shared use of a conference room. $1,600 per month, utilities included. Fantastic location, a short walk to the courthouse.

Call Claudia 407-841-7699.

FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/ kitchen and handicap bathroom.

Plenty of parking. 515 N. Ferncreek Jim Sears 407-222-1554 jsearslaw@gmail.com.

LARGE OFFICE SPACE AVAILABLE FOR RENT. Impressive, large office with great views, on the 18th floor of the City National Bank building, (390 N. Orange Ave.), across from the courthouse in downtown Orlando.

OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft.

Available now! May rent separate office suites. Parking included. Call or email: John at 407425-2907; jkk@keatlaw.com.

Seeking attorney or financial professional to share office space with civil practice attorney in Oviedo. TWO ADJOINING OFFICES can be rented furnished or unfurnished. Shared conference room. Phone and internet connections included. $800/month with minimum 12-month lease.

Pictures will be provided upon request. Contact Karl Burgunder at karl@cfbizlaw.com for more information.

Classified ads work!

For more information or to place a classified ad, please contact: Ursla Gallagher at 407-422-4551 x244 or urslag@ocbanet.org.

Find the perfect business gift with 1-800 Flowers and NPP!

Explore exclusive flowers & gourmet gifts while saving on your purchases.

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

www.orangecountybar.org

theBriefs October 2021 Vol. 89 No. 8

Order Your Orange County Courthouse Access Card Today New 2022 – 2023 Card

Need to renew an existing card? Download an application from our website, send it in and we will use your existing photo. No need to come by – we will mail you your new card on Nov. 1.

First time card? Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card. www.orangecountybar.org/cac Please contact Carolyn at 407-422-4551, ext. 245, or carolync@ocbanet.org.

JANE Q. PUBLIC Attorney

Issued: 11/01/2021 Expires: 12/31/2023

N BAR ASSOCIATIO ORANGE COUNTYE ACCESS CARD COURTHOUS

Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2023 $80 • Purchasing card is optional for courthouse entry • OCBA membership is not required

theBriefs October 2021 Vol. 89 No.

www.orangecountybar.org

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O C BOCTOBER A C - aNOVEMBER lendar

OCTOBER

1-2 New Lawyer Training

Program

8:00 a.m. – 5:30 p.m.

OCBA Center

Sponsored by Clio, Haliczer Pettis & Schwamm, and Seacoast Bank

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Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center LAS Lunchtime Training

Domestic Violence Injunctions Prerecorded • LAS website

Social Security Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

Young Lawyers Section 15 Luncheon

11:30 p.m. – 1:00 p.m.

Citrus Club

Solo and Small 19 Committee Meeting

8:00 a.m. – 9:00 a.m.

Virtual

LAS Lunchtime Training

GAL “Finding a Forever Family: Adoptions and GAL Advocacy” Prerecorded • LAS website

OCBA October Luncheon | October 28, 2021

Co-Hosted by the Central Florida Association for Women Lawyers SPEAKERS:

Rania Arwani, Esq. and Michelle Sperzel Domestic Violence Awareness and Advocacy 11:30 a.m.-1:00 p.m.

Embassy Suites by Hilton Downtown Orlando 191 E. Pine St., Orlando, FL 32801

RSVP by October 25 // orangecountybar.org/store

Title Sponsor: Veritext Bankruptcy Committee Seminar Finding Profitable LAS Lunchtime Training Consumer Law Claims,

GAL “Baker Acts and Including Class Actions, In Long-Term Placements: Your Debtors’ Cases How to Advocate for 12:00 p.m. – 1:00 p.m.

Dependent Youth in Virtual Residential Treatment”

Sponsored by Prerecorded • LAS WITHUM+ website

Paralegal Section CLE OCBA Solo & Small 12:30 a.m. – 1:00 p.m.

Firm Vendor Expo OCBA Center 9:00 a.m. – 12:00 p.m.

OCBA Center

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16

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NOVEMBER

Appellate Committee Meeting 12:00 p.m. – 1:00 p.m.

Victims of Crimes

Lowndes Drosdick, Prerecorded • LAS Appellate Committee

215 N. Eola Dr. website Business Law Meeting Orlando, FL 32801 Professionalism Committee CLE

12:00 p.m. – 1:00 p.m.

Elder Law Committee Committee Meeting Bankruptcy Basics for Lowndes Drosdick, Meeting

12:00 p.m.

– 1:00 p.m.

Business Lawyers 215 N. Eola Dr. 12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

OCBA Center Orlando, FL 32801 Virtual OCBA Center Member Perks

Elder Law Committee Legal Aid Society Immigration Committee Meeting Speaker: Bill Sublette, Esq.

of the OCBA Breakfast Meeting 12:00 p.m. – 1:00 p.m.

8:00 a.m. – 9:00 a.m.

of Champions

12:00 p.m. – 1:00 p.m.

OCBA Center Virtual

8:00 a.m. - 9:00 p.m.

Virtual

Sponsored by ADR Committee Virtual Seacoast Bank

Law Week Committee Meeting

ADR Committee Meeting

Immigration

12:00 p.m. – 1:00 p.m.

Meeting 12:00 p.m. – 1:00 p.m.

Virtual Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

12:00 p.m. – 1:00 p.m.

Real Property Virtual Virtual

Social Security Committee Seminar

Intellectual Property Committee Seminar Opportunity Zones

Law Week Committee

Committee Meeting Top 10 Things You Need to 12:00 p.m. – 1:00 p.m.

Meeting

12:00 p.m. – 1:00 p.m.

Know When Cross- 12:00 p.m. – 1:00 p.m.

Virtual Virtual Examining a Vocational OCBA Center/Virtual

Health & Wellness Expert Young Lawyers Section Lawyers Literary Society Committee Meeting 12:00 p.m. – 1:00 p.m.

Luncheon

Committee Meeting

12:00 p.m.

– 1:00 p.m.

Virtual

11:30 p.m. – 1:00 p.m.

The Curious Incident of Virtual Citrus Club YLS Golf Tournament

the Dog in the Night by

OCBA Luncheon:

Shingle Creek Golf Club Health & Wellness Mark Haddon

Domestic Violence 8:00 a.m. – 2:00 p.m.

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

Awareness and Advocacy 12:00 p.m. – 1:00 p.m.

Virtual

Lawyers Literary Society OCBA Luncheon Virtual Committee Meeting Co-Hosted by the Central Criminal Law

Dracula by Bram Stoker Florida Association for Committee Meeting

12:00 p.m. – 1:00 p.m.

Women Lawyers 12:00 p.m. – 1:00 p.m.

OCBA Office Closed Virtual 11:30 a.m. – 1:00 p.m.

OCBA Center

Speakers: Rania Arwani,

Thanksgiving

Civil Rights Law

Civil Rights Law Esq., Michelle Sperzel, Committee Meeting Committee Meeting CEO, Harbor House Please note that live OCBA and Legal Aid 12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

Embassy Suites by seminars and events may be offered virtually, Virtual Virtual Hilton Downtown

Nancy Weber • Hon. Heather Pinder Rodriguez prerecorded, • Lori Caldwell-Carr postponed, or cancelled. Please

Criminal Law

Social Security Orlando follow the most current news in the OCBA’s Juna Pulayya • Lorna Truett • Andrew Windle Committee Meeting Committee Meeting Title Sponsor: weekly newsletter eblast and on the OCBA and 12:00 p.m. – 1:00 p.m.

Hon. Tesha Balloup.m.

• Susan 12:00 – 1:00Staggs p.m. • Mark O’Mara Veritext LAS websites and social media.

OCBA Center Virtual

6

LAS Lunchtime Training 2

VAWA and U Visas for

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www.orangecountybar.org

theBriefs October 2021 Vol. 89 No. 8

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