The Orange County Bar Association - The Briefs - October 2022

Page 1

A Publication of the Orange County Bar Association

Inside this Issue:

President’s Message

Alcohol Mindfulness During the “Ber” Months

Karen L. Persis, Esq.

Chief’s Column Importance of Wellness

The Honorable Lisa T. Munyon

Bankruptcy Committee Government Assistance, Rising Inflation, and the Next Wave of Bankruptcy Filings

Matthew McCaleb, Esq.

Legal Aid Society Teaching Tips Reverse Mortgages – Do They Help or Harm Seniors?

Jamos “Jay” Mobley, Esq.

October 2022 Vol. 90 No. 8
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Contents

3

President’s Message

Alcohol Mindfulness During the “Ber” Months

Karen L. Persis, Esq.

4

Clerk’s Corner

The Clerk’s Office Makes a Difference for the Community

The Honorable Tiffany Moore Russell

5

Joint OCBA and CFAWL October Luncheon

Growing Up Shared: Helping Families Share Smarter on Social Media

Speaker: Stacey Steinberg, Esq.

6

Professionalism Awards Committee

Nominations Now Being Accepted

Kate T. Hollis, Esq.

7

Chief’s Column

Importance of Wellness

The Honorable Lisa T. Munyon

8

Insurance Committee

Is it Really That Simple? Florida Courts Examine Demand Letter Requirement in Florida PIP Statute

Kaitlyn Chomin, Esq.

10

New Lawyer Training Program 2022

11

Bankruptcy Committee

Government Assistance, Rising Inflation, and the Next Wave of Bankruptcy Filings

Matthew McCaleb, Esq.

12

OCBA and Tiger Bay of Central Florida Joint Luncheon: Judicial Candidate Form

OCBA Luncheon: Committee Fair and Wellness CLE

19

Legal Aid Society What We Do...

Is it a Bird? Is it a Plane? No, it’s a VAC!

Marie Priebe, Esq.

21

Legal Aid Society Teaching Tips

Reverse Mortgages – Do They Help or Harm Seniors?

Jamos “Jay” Mobley, Esq.

22

OCBA Annual Trivia Contest

23

OCBA Member News

Hearsay

Michael V. Andriano, Esq.

25

Young Lawyers Section News YLS on the Move

Vaughn Glinton, Esq.

26

OCBA Foundation New Members

28

Voluntary Bar News SideBar

Alena V. Baker, Esq.

30

Classifieds

32

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 ©2022 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Florian Boehm, Boehm & Boehm Forensic Media Consultants

the Briefs

Editor

John M. Hunt

Associate Editors

Karen L. Middlekauff & Lauren Brusca

Hearsay Columnist

Michael V. Andriano

YLS on the Move

Vaughn Glinton SideBar

Alena V. Baker

OFFICERS

Karen L. Persis, President Amber N. Davis, President-Elect

Arti Ajit Hirani, Treasurer

Keshara Cowans, Secretary

EXECUTIVE COUNCIL

Michael Barber

Chris Carmody

Euribiades Cerrud, II

Lisa Gong Guerrero

Kate T. Hollis

Kristopher J. Kest

Bruce Mount

Alisia Adamson Profit

Rafael O. Rodriguez C. Andrew Roy

Jessica A. Travis

Brandon M. Sapp

Eric C. Reed, Ex-Officio Stephanie Alcalde, YLS President

EXECUTIVE DIRECTOR

Jenny Brown

Advertising & Sponsorship Manager

Ursla Gallagher

Publication Services

Candice Maull

Marketing & Communications Coordinator

Kirstyn Scerri

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

On the Cover: Ninth Judicial Circuit Active and Alumni Judges Front Row: Lisa T. Munyon, Carly Wish, Tina Caraballo; Second Row: Emerson R. Thompson, Jr., John E. Jordan, Sally D.M. Kest, Christine E. Arendas, Margaret Schreiber, Amy J. Carter; Third Row: Christy Collins, Tarlika Nunez-Navarro, John Marshall Kest, Eric H. DuBois, Barbara Leach, Heather Pinder Rodriquez, Patricia Strowbridge, Jeanette Dejuras Bigney, Andrew L. Cameron, Vincent S. Chui, Brian S. Sandor; Fourth Row: Kevin B. Weiss, Gisela t. Laurent, Michael Kraynick, Thompson W. Turner, Paetra Brownlee, Faye L. Allen, Adam McGinnis, Alice L. Blackwell, Evellen Jewette, Craig McCarthy, Doug Walker; Fifth Row: Luis F. Calderon, Diana Tennis, Eric J. Netcher, Robert Eagan, Andrew Bain, Mark S. Blechman, Brian Duckworth, Michael Murphy, Keith F. White, Michael Deen, Steve Jewette
©2021 PAGE 2 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8
ISSN 1947-3968
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President’sMessage

October 2022

Alcohol Mindfulness During the “Ber” Months

raise an interesting point. I’m in recovery, and have been sober for decades now. I well-remember my early concern about “what other people would think” when I declined the offer of a drink. It turns out, I was the only one wor rying about it! And if someone else is, it says more about their situation than yours.

The “Ber” months (September, October, November, Decem ber) are now in full swing. And with that, comes so many great opportunities for fun; Foot ball, Halloween, Thanksgiving, all of the December holidays, and the parties that accompany them. The Bers can also be a stressful time of year, as many of us scram ble to meet billable hour require ments or other year-end goals. And let’s not forget family inter actions, which can be both joyous and stressful. According to Daniel J. McDermott, the Executive Director of Florida Lawyers Assistance, Inc., as we enter the final months of the year, we see an increase in alcohol consumption as the social activities increase. Further, he said that while many con sume more alcohol than usual at holiday gatherings, others treat feelings of loneliness and separation with alcohol. Mr. McDermott was willing to be interviewed further by me on the topic of alcohol consumption around the holidays, and I hope the answers he pro vides helps to keep all of us healthy and well this holiday season, and well into the future.

1. Does having some drinks at all these social events make me a problem drinker? Having “a couple drinks” at so cial events does not make someone a problem drinker. But it is a good practice to be realistic and practical about consumption. Quite often, we tell ourselves we are only having “a couple” when, in fact, we are drinking more –and more regularly. Don’t let “I’m only having a couple” become an excuse – an inaccurate one, at that.

2. What do you do if you have lots of events happening week after week? It can be hard to just say no to all these open bars and festivities. We want to go to all of them. Can people drink week after week, maybe even a couple of times a week, throughout the holidays and not fall into a problem-drinking pattern of behavior? Don’t forget that you don’t have to drink alcohol all the time at every event, especially when your social schedule gets more crowded. Non-alcoholic beverages are always an option. Alcohol dehydrates the body so adopt the practice of drinking water while you’re socializing. Switch from an alcoholic beverage to water or another alcohol-free choice regularly while socializing. It doesn’t have to be all alcohol, all the time.

3. What do you do if you know the parties you are go ing to be at will have a lot of alcohol, but you do not want to drink it? It isn’t always that easy to “just say no” when your peers are offering to grab a round or asking you why you don’t have a drink in your hand. Honestly, as we become more aware of good health practices, people generally are comfortable with the idea that you don’t have to drink alcohol when you’re out or with friends, but you

4. The end of the year can also be stressful for people. Family activities can bring a lot of emotion. On top of that, lawyers are often dealing with the stress of meet ing year-end goals for business, and also managing clients, who may be stressed. What are ways to avoid coping with these stressors by drinking? What works in these circumstances is the thing that works all year around: Establish a balanced approach to your day. Find time to exercise – break a sweat. You will feel better and sleep bet ter. Find physical activities you like and engage them reg ularly – even if you think you’re too tired. I have taught myself not to listen to the voice that tells me I’m too tired for exercise; instead, I do it – then ask myself afterwards if it was a mistake. It turns out, it never is. Beyond that, indulge other engaging activities – reading for pleasure, taking a walk with friends or family. Stop looking at the phone screen and do something with others. Human in teraction, outside the party scene, does us all good and helps to relieve stress. Don’t neglect your hobbies: Play music, paint or draw, build something – whatever your in terests might be, do something creative. You will find that you can find the time to do these things – and you will be fresher and more focused while you’re meeting year-end professional demands.

5. By the time New Year’s Day rolls around, a lot of people feel the gluttony of the past couple months has taken its toll, and then they white-knuckle it through a Dry Jan uary. How can people manage their behaviors through out the Ber months so that it doesn’t have to come to that point? Again, a balanced approach to every day is the key. Avoid the extremes – too much partying followed by enforced abstinence is not balanced. That said, after a busy holiday season, adopting focused, healthy wellness prac tices is never a bad idea. Cleaning out our systems has be come a regular routine for health enthusiasts of all stripes. But the watchword is balance – and moderation – for a less stressful life. Make it a daily habit.

6. How can you tell if you are developing a pattern of problem drinking? The irony about problem drinking is that, most often as it develops, we tell ourselves it isn’t a problem. Alcoholism is a disease and, left untreated, it’s fatal. But it is also an addiction. So in the case of other fatal diseases, were we to face any of them we would ask ourselves, “Where can I go for help? Can I start now?” The addiction component of alcoholism gives us a little voice that tells us, “You’re not that bad…” We deny there is a problem and we do not look for help.

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 3
continued page 16

Clerk’sCorner

The Clerk’s Office Makes a Difference for the Community

Giving back to my commu nity and helping to make a difference where I work and live are very important to me as I like to consider myself a public servant first and foremost.

That’s why this month I am excit ed to share with you once again the ways my office has been work ing to continue to reach and help our community while we are still navigating through these difficult times.

First, my team and I had the pleasure of delivering approxi mately 700 nonperishable food and cleaning items to support the Russell Home for Atypical Chil dren recently. We hand-delivered these items to the Russell Home for our 2022 Clerk’s Care Service project. The Russell Home is the only private, non-profit facility of its kind for severely disabled children in Central Florida.

I’m also pleased to share we hosted a special Mental Health Pre sentation for ELEVATE Orlando students at Jones High School earlier this year. I joined Heart of Florida United Way’s (HFUW) 211 program to have an intimate conversation with our youth about “Feeling Safe” and provide resources they can use. I provided information about our Mental Health Division and how we assist when a loved one is in crisis by receiving Baker and Marchman Act petitions, and Risk Protection Orders.

The community was also able to connect with us for our legal fo rums called “Legal Matters” that assist with free legal assistance. We bring together county and state officials, lawyers, and judges for these virtual forums. I was excited to provide a forum recent ly about our Self-Help Center, which through a partnership with OCBA, provides low-cost attorney consultations. Another forum helped customers with navigating the foreclosure process. These legal forums give people insight into our office’s services, tips from the bench, legal information from attorneys, and an interactive question and answer sessions.

My office is also in the middle of our 2022 Heart of Florida United Way fundraising campaign. This year we are well on our way to raising more funds than we did during last year’s campaign to make a huge impact with the dollars we raise along with Orange County Government.

While there are dozens of organizations that receive support from United Way, my office’s community outreach priorities continue to be mental health, domestic violence, and access to justice which directly relate to the work we do.

We could never make a difference in our community like this with out the hard work and dedication of our employees who either give donations, their time, and pledges. I am proud of everything our employees, their families, and volunteers work to accomplish to make a difference and serve our community.

My office will continue to participate in many community outreach initiatives, and I am excited to see what we will continue to accomplish together for our community.

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

On the cover: Ninth Judicial Circuit Active and Alumni Judges’ Alma Maters

Lisa Munyon University of Florida

Carly Wish University of Arizona

Tina Carabello University of Florida

Emerson R. Thompson, Jr. University of Florida

John Jordan University of Florida

Salle D.M. Kest Florida State University

Christine Arendas University of Central Florida

Margaret Schreiber Duke University

Amy Carter Michigan State University

Brian Sandor Michigan State University

Christy Collins Bethune-Cookman College, FAMU

Tarlika Navarro University of Miami

Vincent Chiu The Ohio State University

Eric DuBois University of Miami

Barbara Leach Rollins College/Florida State University

Heather Pinder Rodriguez Florida State University

Patricia Strowbridge Michigan State University

Jeanette Dejuras Bigney University of Illinois

Andrew Cameron Michigan State University

Kevin Weiss University of Florida

Gisela Laurent University of Florida

Michael Kraynick Florida State University

Thomas W. Turner Ball State University

Paetra Brownlee Emory University

Faye Allen Florida State University

Adam McGinnis University of Central Florida

Alice Blackwell Furman University

Evellen Jewett University of Florida

Craig McCarthy US Military Academy

Doug Walker Florida International University

Luis Calderon University of Florida

Diana Tennis University of Florida

Eric Netcher University of Florida

Robert Egan University of Florida

Andrew Bain University of Miami

Mark Blechman University of Florida

Brian Duckworth University of Florida

Mike Murphy University of Florida

Keith White University of Central Florida

Michael Deen Samford University

Steve Jewett University of Florida

PAGE 4 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8

Joint OCBA and CFAWLLuncheon

Thursday, October 27, 2022

Growing Up Shared: Helping Families Share Smarter on Social Media

Social Media has drastically changed the landscape facing children as they come of age. Children now grow up highlighted on their parents’ newsfeed through a process often referred to as sharenting.

There are many benefits to online sharing, such as building connections, helping families seek support, combatting loneliness, and creating a sense of online community. However, despite the benefits to the parents and family, there are risks sharenting poses to children.

Parents often intrude on a child’s digital identity not because they are malicious, but because they simply have not yet considered its importance. And while the law could regulate at the margins, well-informed parents are best suited to decide for themselves how best to balance their children’s privacy with their interest in sharing their stories. This lecture will provide an overview on what parents, advocates, and policy makers should know to help families thrive online.

Stacey Steinberg, Esq. Stacey Steinberg is the supervising attorney for the Gator TeamChild Juvenile Law Clinic. She also serves as Director for the Center on Children and Families.

Professor Steinberg’s research explores the intersection of a parent’s right to share online and a child’s interest in privacy. She is an internationally sought-after expert on children’s privacy and sharenting. Steinberg’s work has been cited by countless news and research organizations, including NPR, the New York Times, the Washington Post, CNN, and the children’s rights arm of the United Nations, UNICEF. She has presented her children’s privacy/sharenting research to a variety of audiences, including to the American Academy of Pediatrics, the Association of American Law Schools, the University of Geneva, the Swiss Institute of Comparative Law, and events affiliated with the United Nations Convention on the Rights of the Child. Professor Steinberg is the author of Growing Up Shared: How Parents Can Share Smarter on Social Media and What You Can Do to Keep Your Family Safe in a No-Privacy World

Prior to joining the law faculty, Professor Steinberg served as a felony prosecutor handling crimes involving child abuse, child pornography, domestic violence, and rape. She has served as lead counsel in hundreds of contested hearings. As a practitioner, Steinberg routinely provided training to lawyers, police officers, and social workers on matters relating to child abuse, neglect, and trial procedure. Professor Steinberg has also worked as a Senior Attorney for Children’s Legal Services.

Title Sponsor:

Supporting Sponsors:

Florida Lawyers Mutual Insurance Co.

Rosenfield and Company

Universal Property & Casualty Insurance

Vertitext

WITHUM+

Thursday, October 27, 2022 11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando

191 East Pine Street, Orlando, Florida 32801

Please RSVP by Monday, October 24, 2022

RSVPs will not be accepted after October 24, 2022 www.orangecountybar.org/store

Cancellations must be received no later than October 24, 2022

To register or cancel, contact Stephanie Sadi at stephanies@ocbanet.org

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 5

Professionalism AwardsCommittee

Kate T. Hollis, Esq.

Nominations Now Being Accepted

The OCBA Professionalism Awards Committee is now accepting nominations for the 2022 OCBA Professionalism Awards. The submission deadline is October 31, 2022.

Every year, the Professionalism Committee recognizes individ uals whose conduct and career stand as a model of success built on unquestioned professional ism, service, civility, integrity, and respect for the legal system.

The James G. Glazebrook Memorial Bar Service Award is present ed to a state or federal judge who best demonstrates service to and support of the legal profession and the Legal Aid Society of the Orange County Bar Association, Inc., is dedicated to profession alism both in and out of the courtroom, and is a leader in pro

moting professionalism, including civility, integrity, and respect for the legal system.

Those attorneys who have practiced law for 15 or more years are eligible to be nominated for the William B. Trickel, Jr. Award, and those who have practiced less than 15 years are eligible to be nominated for the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award.

Nomination forms and instructions for each of the three awards can be found on the OCBA website. For additional information, please contact Professionalism Awards Committee chair, Kate Hollis, Esq., at khollis@milnelawgroup.com. The committee looks forward to receiving your submissions.

Kate T. Hollis, Esq., is a senior associate at Milne Law Group, P.A. with a focus on transactional work for local governments and the private sector, along with construction defect litigation. Kate is a member of the OCBA Executive Council, Chair of the Professionalism Awards, and Co-Chair of the Social Committee and Mentoring Program. She has been a member of the OCBA since 2011.

2022 John M. Foster

2021 Suzanne Gilbert

2020 N. Diane Holmes

2019 Nicholas A. Shannin

2018 Glenn A. Adams

2017 Charles T. Wells

2016 Emery H. Rosenbluth Jr.

2015 Herbert Lee Allen, Jr.

2014 Rafael E. Martinez

2013 The Honorable James A. Edwards

2012 Matthew G. Brenner

2011 Patrick M. Magill

2010 Leon H. Handley

2009 Mary Anne De Petrillo

2008 Council “Butch” Wooten, Jr.

2007 Kirk N. Kirkconnell

2006 William B. Wilson

2005 Michael P. McMahon

2004 Warren W. Lindsey

2003 Bruce B. Blackwell

2002 Ava K. Doppelt

2001 The Honorable Sally D.M. Kest

2000 R. Lee Bennett

1999 Chandler R. Muller

1998 Darryl M. Bloodworth

1997 The Honorable John Marshall Kest

1996 The Honorable Gregory A. Presnell

1995 Jules S. Cohen

1994 David B. King

James G. Glazebrook Memorial Bar Service Award Recipients

2022 The Honorable Reginald K. Whitehead

2021 The Honorable Lisa T. Munyon

2020 The Honorable Karen S. Jennemann

2019 The Honorable Frederick Lauten

2018 The Honorable Daniel E. Traver

2022 Michael D. Barber

2021 Lisa Gong Guerrero

2020 Keshara D.Cowans

2019 Ryan Williams

2018 Amber N. Davis

2017 Karen L. Persis

2016 Kristopher J. Kest

2015 Anthony F. Sos

2014 LaShawnda K. Jackson

2013 Richard S. Dellinger

2017 The Honorable Arthur B. Briskman

2016 The Honorable David A. Baker

2015 The Honorable Bob LeBlanc

2014 The Honorable Faye L. Allen

2013 The Honorable John Antoon, II

2012 Ryan E. Davis

2011 Penelope Perez-Kelly

2010 Cara M. Dobrev

2009 The Honorable Heather Pinder Rodriguez

2008 Liz Foshee McCausland

2007 Diego “Woody” Rodriguez

2006 Thomas A. Zehnder

2005 Nicholas A. Shannin

2004 Tad A. Yates

2012 The Honorable Belvin Perry, Jr.

2011 The Honorable John Marshall Kest

2010 The Honorable Lawrence R. Kirkwood

2009 The Honorable Alice L. Blackwell

2008 The Honorable Emerson R. Thompson, Jr.

William Trickel, Jr. Professionalism Award Recipients Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Recipients
PAGE 6 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8

Chief’sColumn

Importance of Wellness

As a judge, I am no stranger to a hectic schedule. Nor am I a stranger to difficult situa tions and stressful circumstances. Striking a balance between work and personal life is tough, espe cially in the legal profession. And when that balance can’t be found, both our physical and mental health suffers.

2. Movement

It seems like most of our days are spent sitting. Whether that be at a desk or on the bench, a lot of our time is spent stationary. But movement is important. It gets our blood flowing. It stretches out our tight muscles. And, over time, it’ll have lasting health bene fits. According to the CDC, moderate physical activity can reduce your chances of developing cardiovascular disease, type 2 diabetes, and even some cancers. And the benefits go beyond physical. The CDC also reports that physical activity reduces feelings of anxiety in adults. So just taking a short 20-minute walk a day or attending a yoga class on your weekends can do so much for your physical and mental health.

How can judges effectively serve if they are not well? The ability to dispense fair and accessible justice relies on judges being at the top of their game. It’s what those who enter any courtroom deserve, and what your clients deserve. And, it’s why prioritizing wellness is vital.

Just as wellness is essential for our judiciary, it is equally as essen tial for the lawyers who appear before us. You, too, share the same busy schedules and difficult situations that I, and all of our judges, face. If it is hard on us, then I know it is just as hard for you. And it can be difficult to be at the top of your game if you aren’t well in body and mind. I want to encourage you to prioritize your wellness in whatever way you can.

Taking direction from the Florida Judicial Wellness Program, we have made it our mission here in the Ninth to promote wellness in our legal community. So I want to share with you three wellness practices to get you started on your wellness journey:

1. Meditation

Many of us are prone to dismissing meditation altogether be cause we don’t know where to start. We overthink it, we get over whelmed, and we give up. But meditation doesn’t have to be a lengthy, involved process. It can be as simple as finding some where comfy to sit, closing your eyes, focusing on your breath, and giving yourself time to relax. When thoughts of the day enter your mind, set them aside. You can deal with them later. Practic ing this can not only relieve some of the stress you feel, but it can also give you a new perspective on your current challenges. A Har vard study even found that continued meditation could change the structure of the brain, reducing brain cell volume in the area of the amygdala responsible for anxiety, fear, and stress.

3. Mindfulness

Mindfulness means different things to different people. For some, mindfulness may be just another word for meditation. But the textbook definition of it is “the state of being aware of something.” You might be thinking, “Well, that’s easy. I’m constantly aware of myself and my surroundings,” but I want you to look deeper than that definition. Being aware means being present in the moment. It means putting aside the challenges of the day and stresses we encounter to appreciate the good in our lives at this moment. And you can begin by incorporating mindfulness in the steps above. There’s a reason you associate meditation with mindfulness: it’s a great way to practice it. While meditating or moving, try to focus on your breath rather than your thoughts. When your mind be gins to wander, gently bring it back to the present.

As you explore these options, remember to be patient with your self. It’s not easy incorporating these practices in our lives when we either haven’t done them in a while or haven’t done them at all. It will take practice. But practice makes perfect. And before you know it, you’ll begin to feel better both physically and mentally.

Achieving wellness can be tricky. There are no simple fixes or cures. Instead, we must find what works best for us in our lives, then apply it. What works for me won’t necessarily work for you, but the tips I’ve listed above are great ways to get started. I wish you the best of luck on your wellness journey.

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.

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 7

InsuranceCommittee

Is it Really That Simple? Florida Courts Examine Demand Letter Requirement in Florida PIP Statute

FState Farm would need to pay to avoid litigation.20 Similar to the ruling from the Fourth District, the Third District held that Rivera’s pre-suit demand letter failed to meet the specificity requirement of section 627.736(10).21 In order for a demand letter to be sufficient under the statute, it must include the exact information provided for in the statute.22 Thus, because Rivera failed to state the exact amount owed, his demand letter was deficient, and he failed to sat isfy the condition precedent to bringing suit.23

lorida is one of twelve states that require drivers to main tain Personal Injury Protection Coverage (“PIP”).1 Florida’s “nofault” law is codified in section 627.736, Florida Statutes. The purpose of the statute is to provide prompt payment of benefits to persons injured in an automobile accident.2 Despite the intent, the statute has brought forth much lit igation. There have been a number of challenges brought by litigators regarding what is required by the statute in order to collect these benefits. One common issue is what is required to be set forth in the pre-suit demand letter.

Prior to bringing forth a claim for PIP benefits, notice must be given to the insurer of the intent to pursue litigation.3 This notice requirement comes in the form of a pre-suit demand letter.4 Al though the statute sets forth what must be included in this letter in order for it to be sufficient, questions still arise regarding the sufficiency of demand letters.5

In a recent case from the Fourth District Court, an insurance com pany successfully challenged the sufficiency of a pre-suit demand letter. Plaintiff sent the insurer a demand for benefits they allege were due.6 The letter also included a separate amount if there were any medical payments available under the policy.7 Additionally, the demand letter requested the insurer notify Plaintiff of any defects in the demand letter.8 Although the letter demanded two separate amounts, Plaintiff’s complaint did not plead a specific amount of damages, and only contained the statutorily-required amount.9

At the trial court level, Geico was granted final summary judg ment on the basis that Plaintiff’s pre-suit demand letter did not comply with the requirements contained in section 627.736(10) (b)3.10 The statute requires that the demand letter include an “itemized statement specifying each exact” amount due.11 This requirement notifies the insurer of the exact amount they need to pay to avoid litigation.12 On review, the Fourth District concluded the demand letter failed to provide the insurance company notice of the amount they were alleging was due, and therefore was not sufficient under the statute.13 Although Plaintiff requested to be informed by the insurer of any claims that the demand letter was defective, the court found there to be no obligation under the statute for the insurer to provide such notice.14

About a year prior, the Third District Court faced similar issues regarding a pre-suit demand letter. At issue in David Rivera v. State Farm Mutual Automobile Insurance Company15 was the sufficiency of Rivera’s pre-suit demand letter.16 The letter demanded reimburse ment for travel expenses incurred by Rivera related to treatment he received for injuries sustained in a motor vehicle accident.17 Al though these expenses were reimbursable,18 Rivera failed to include the required information in his demand letter to receive reimburse ment for these expenses.19 The letter did not include the dates of treatment, address for the provider facility, or the dollar amount

The Florida No-Fault Law requires the insured to include specific information in a pre-suit demand letter.24 Courts have held strict adherence to the statute as required to ensure swift resolution of PIP claims.25 This conclusion appears to fall in line with the leg islative intent of the statute.26 Without these specificity require ments, the insurance companies are left with the burden of guess ing as to what amount they would have to pay to avoid litigation, and if they guess wrong, they are exposed to not only additional benefit payments, but attorney fees as well.27 In the end, it appears attorney fees are best spent in detailing the specific amount of damages, rather than preparing a pre-suit demand letter that fails to adhere to the statutory requirements and ignores the impor tance of strict compliance.

Kaitlyn Chomin, Esq., is an attorney with Rumberger Kirk & Caldwell, where she practices insurance law. She has been a member of the OCBA since 2021.

1Business America (Feb. 7, 2022), https://www.insurancebusinessmag.com/us/news/ breaking-news/personal-injury-protection-insurance--astatebystate-guide-324528. aspx (last visited Sept. 1, 2022).

2State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067, 1082 (Fla. 2006) (citing Lasky v. State Farm Ins. Co., 296 So. 2d 9, 16 (Fla.1974)).

3§ 627.736(10), Fla. Stat. (2022).

4Id.

5Id.

6Chris Thompson, P.A. a/a/o Elmude Cadau, Appellant, v. Geico Indemnity Company, 47 Fla. L. Weekly D1588b (Fla. 4th DCA July 27, 2022).

7Id.

8Id.

9Id.

10Id.

11Fla. Stat. §627.736(10)(b)3.

12Rivera v. State Farm Mut. Auto. Ins. Co., 317 So. 3d 197, 204 (Fla. 3d DCA 2021).

13Thompson, 47 Fla. L. Weekly D1588b.

14Id.

15Rivera, 317 So. 3d at 197.

16Id. at 199.

17Id.

18Malu v. Security Nat’l. Ins. Co., 898 So. 2d 69, 74 (Fla. 2005).

19Rivera, 317 So. 3d at 199.

20Id.

21Id. at 202.

22Id. at 207.

23Id.

24§ 627.736(10), Fla. Stat. (2022)..

25Rivera, 317 So. 3d at 205.

26See Ivey v. Allstate Ins. Co., 774 So. 2d 679, 683-84 (Fla. 2000) (quoting Gov’t Emps. Ins. Co. v. Gonzalez, 512 So. 2d 269, 271 (Fla. 3d DCA 1987) (finding “the purpose of the no-fault statutory scheme is to ‘provide swift and virtually automatic payment’”)).

27Rivera, 317 So. 3d at 204.

PAGE 8 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8

TOGETHER WE WILL CREATE A MASTERPIECE

KIMBERLY SANDS • FIRM PRINCIPAL • MEDIATOR

Kimberly makes sure parties see the complete picture while they work toward resolving their dispute. Whenever they feel painted into a corner, she is there to help them find a creative and constructive way out.

You can trust a mediator who gives her complete attention to all the details. Learn more about Kimberly and the entire mediation team by visiting our website at UWW-ADR.com or calling 800.863.1462.

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 9 Orlando • Ormond • Ocala • Jacksonville • West Palm • Fort Lauderdale • Miami • Tampa • Birmingham

New Lawyer Training Program

12-13, Orange County Courthouse and OCBA Center
PAGE 10 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8
2022 August
2022

BankruptcyCommittee

Government Assistance, Rising Inflation, and the Next Wave of Bankruptcy Filings

Oprograms for eviction diversion, rental and mortgage assistance, small business assistance grants, and programs for other various areas.9 These assistance programs acted as a necessary life raft to help those individuals and businesses at a higher risk of filing for bankruptcy avoid it entirely or at least for the near future. Over time though, it became increasingly apparent that these assistance programs could only do so much. Eventually, these assistance pro grams would need to end as the country moved past the worst parts of the pandemic and into a more stable period.

ver the last few months, you have probably noticed that sinking pain every time you stop to fill up a tank of gas, or maybe you get it when you reach the checkout line at the grocery store, or make any repairs or im provements to your home. In flation has become a dark cloud hanging over American house holds as year-over-year inflation rates reach forty-year highs.1 Yet, oddly enough, more and more Americans are not resorting to fil ing for bankruptcy, thus driving bankruptcy filings down across the board.2 This decline in filings in the Orlando Division Bank ruptcy Court is apparent when looking at the decrease in the total number of filings between July 2019 and July 2022. In July 2019, total bankruptcy filings for the Orlando Division sat at 5,132,3 while in July 2022, the number of filings dropped to 2,808,4 marking a 46% decline. One possible reason for the decrease in bankruptcy filings might be the fact that in response to COVID-19, state and federal government agencies implemented various assistance programs which helped Americans stay afloat and avoid bankruptcy.5 As those assistance programs end, Amer icans are faced with record-high inflation and a growing cost of living that is likely to send them back to the Bankruptcy Courts. While some might see this decline in filings and argue that it reflects a healthy economy, it is more likely a situation akin to the ocean receding before a tsunami, and the inevitable wave of bankruptcy filings is just over the horizon.

Government Assistance Programs – A Temporary Life Raft to Keep Americans Afloat

Due in large part to the shutdown of the American economy in response to the COVID-19 pandemic, state and federal govern ment agencies scrambled to put in place numerous assistance pro grams which would hopefully alleviate the pressures on Americans who either lost their jobs or were forced to work reduced hours because of the pandemic.

The most significant legislation from the federal government came in the form of the CARES ACT.6 The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, signed into law in March 2020, boasted a whopping $1.2 trillion price tag, provided stim ulus checks to all Americans, increased unemployment benefits, and established moratoriums on certain evictions and foreclo sures.7 The CARES Act also established the Paycheck Protection Program, which was implemented by the Small Business Admin istration and assisted small businesses by providing funds to cover payroll costs and other expenses, including interest on mortgages, rent, and utilities.8

At the state level, many counties received funding through the CARES Act, which was then used to establish their own assis tance programs. For example, the Orange County Government received $243.2 million in Coronavirus Relief Funds and created

With the threat of the pandemic waning, Americans and their businesses were now faced with a post-COVID world full of sup ply chain issues, record high inflation, and an absence of govern ment assistance to act as a life raft.

Inflation – The Growing Cost of Living Life and Doing Business

With the absence of government assistance helping to keep them afloat, many vulnerable Americans have begun to feel the impact of the pandemic on the global economy and their day-to-day lives. Around March 2021, the inflation rate began to rise month over month, culminating in a forty-year high of 9.1% in June 2022.10 Multiple supply chain disruptions have also contributed to the ris ing inflation as businesses struggled to hire workers to manufacture their products, could not obtain necessary components for manu facturing, and could not quickly ship products to their final desti nations due to congestion at ports and a shortage of truck drivers.11

Along with this increase in inflation, Americans began to feel the impact of higher prices in every area of their lives.12 For many Americans, this increase in the cost of everyday goods puts a sig nificant strain on their pocketbooks, especially for individuals on fixed incomes or those living paycheck to paycheck. For older gen erations of Americans who decided to retire during the pandemic, inflation has forced them to rethink retirement, and many have found themselves back at work due to several recent downturns in the stock market affecting their retirement accounts along with the reality that their fixed incomes could not sustain a higher cost of living.13

Higher inflation has also impacted most businesses, as Ameri cans are reprioritizing their spending habits and are reducing or avoiding spending related to eating at restaurants, traveling for vacations, or purchasing new apparel.14 As Americans continue reprioritizing their spending, small businesses are seeing the most significant setbacks as this decrease in patronage, coupled with ris ing inflation, is making it difficult to maintain the costs of doing business.15

Should inflation remain at the levels we have seen over the last year, the likelihood of small businesses and vulnerable Americans needing to turn to bankruptcy for relief will only continue to in crease as the costs of living and doing business becomes unsustain able. All signs indicate the wave of bankruptcy filings are upon us, only time will tell us the impact of this storm.

Matthew McCaleb, Esq. Matthew practices Bankruptcy Law at Siemens Energy. He is a former Judicial Law Clerk with the United States Middle District of Florida Bankruptcy Court. He has been an OCBA member since 2020.

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 11
continued page 16
Jay Small, Timothy Shea Judge Gisela Laurent, Judge Tarlika Nunez-Navarro, Judge Elizabeth Gibson Karen Climer, Judge Denise Beamer, David Varet, Judge Elizabeth Starr, Dan Gallogly Title Sponsor RASi – Katie Pence, Ursla Gallagher
PAGE 12 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8

OCBA and Tiger Bay of Central

Joint Luncheon: Suites Downtown Orlando Title Sponsor: Judge Andrew Bain, Nicole Blumenauer Judge Michael Kraynick, Judge Eric Netcher, Stephanie Alcalde Lynn Aust, Caitlin Massey Nick Shannin, Karen Persis, Bryan Nelson, Woody Rodriguez Sarah Jacobs, Richard Culbertson, Barry LaBoda, Edward Beshara
theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 13
Florida
Judicial Candidate Forum Thursday, July 28, 2022 Embassy
YLS Cathy Delgato, Karen Persis, Paul Dumm Jake Herrel, Lauren Thronson Rosenfield Jessica Espiritu, Elizabeth Collins Plummer Kimberly Soto, Tiffany Thompson-Disler Patrick Delaney, Lauren Heatwole, Sally Culley, Robert Borr Committe Fair Decoration Winners Appellate
PAGE 14 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8
Committee
OCBA Luncheon: Committee Fair and Wellness CLE Thursday, August 25, 2022 Embassy Suites Downtown Orlando Title Sponsor: Kimberly Lorenz Judge Heather Pinder Rodriquez, Melissa Byers, Bruce Blackwell Sean McCormack, Evelyn Pabon Figueroa Melissa Byers, Karen Persis
theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 15

a. Are there physical signs to look out for? Drinking to the point of “blacking-out” – not remembering parts of the night before, is a real red flag. That does not happen to the average drinker. Regular or recurring hangovers is another telltale sign. As with the lesson learned from touching a hot stove, aver age drinkers adjust their consumption to avoid the bad feelings hangovers deliver. If we keep having bad hangovers, we should take that as a problem sign.

b. Emotional/mental signs? If consistent drinking leads to irritability, losing focus, fatigue – those are signs alcohol is gaining the upper hand. You don’t have to keep drinking under those circumstances and, if you don’t or can’t stop, that’s a problem.

c. Other signs? Drinking even when you don’t want to, drinking to unwind, drinking to help you sleep, are signs of developing alcohol dependence. Whenever you are just “feeling off” and you turn to drinking, you’re moving away from the social use of alcohol and, instead, drinking to “treat” your symptoms of stress or unhappiness.

7. What can you do if you think you might be developing a drinking problem? The best thing to do is not to isolate your self and make your concerns a secret you can’t share with any one. Lawyers have an especially difficult time with this because we believe we must maintain a professional image of having no problems ourselves. After all, people pay us to solve their problems. But you don’t have to broadcast your concerns to the entire world, either. If you know someone who is in recov ery, talk to them about what’s going on with you. Check out Alcoholics Anonymous. You can find the AA phone number through an internet search. Even without going to a meeting, you can place the call and talk to someone who will listen and give you feedback. Many who need help think that going to an AA meeting would be a humiliating admission of defeat but, so often, it is the first action step to getting better. And don’t forget Florida Lawyers Assistance. If you call us at 954566-9040, your call is confidential. We would be happy to talk and it stays between us. The important thing is – don’t do nothing. Make a call.

Karen L. Persis, Esq., owner of Karen Persis, P.A., practices surrogacy law, gamete donation, and adoption. She has been a member of the OCBA since 2005.

Bankruptcy

1Consumer prices up 9.1 percent over the year ended June 2022, largest increase in 40 years, U.S. Bureau of Labor Statistics (July 18, 2022),https://www.bls.gov/opub/ ted/2022/consumer-prices-up-9-1-percent-over-the-year-ended-june-2022-larg est-increase-in-40-years.htm#:~:text=Consumer%20prices%20up%209.1%20 percent%20over%20the%20year,increase%20since%20the%2012-month%20pe riod%20ending%20November%201981. (last visited Aug. 29, 2022).

2Amanda Pampuro, Federal aid helped bankruptcies decline through COVID Pandem ic, Courthouse News Service (Nov. 9, 2021), https://www.courthousenews.com/ federal-aid-helped-bankruptcies-decline-through-covid-19-pandemic/ (last visited August 25, 2022).

3District Wide Filings Main Case Filings Analysis July 2019 http://www.flmb.us courts.gov/statistics/2019/July.pdf (last visited Aug. 18, 2022).

4District Wide Filings Main Case Filings Analysis July 2022 http://www.flmb.us courts.gov/statistics/2022/july.pdf (last visited Aug. 18, 2022).

5Amanda Pampuro, Federal aid helped bankruptcies decline through COVID Pan demic (2021) https://www.courthousenews.com/federal-aid-helped-bankruptciesdecline-through-covid-19-pandemic/ (last visited Aug. 25, 2022).

6The full text of the bill is available at https://www.congress.gov/116/bills/hr748/ BILLS-116hr748enr.pdf (last visited Aug. 18, 2022).

7Amanda Pampuro, supra, note 2.

8Paycheck Protection Program https://home.treasury.gov/policy-issues/coronavi rus/assistance-for-small-businesses/paycheck-protection-program (last visited Aug. 20, 2022).

9Orange Cares Coronavirus Aid, Relief, and Economic Security, https://www.ocfl. net/EconomicDevelopment/OrangeCARES.aspx#.YxIbhdPMKUk (last visited Aug. 18, 2022).

10Consumer prices up 9.1 percent over the year ended June 2022, largest increase in 40 years, U.S. Bureau of Labor Statistics, https://www.bls.gov/opub/ted/2022/ consumer-prices-up-9-1-percent-over-the-year-ended-june-2022-largest-increasein-40-years.htm#:~:text=Consumer%20prices%20up%209.1%20percent%20 over%20the%20year,increase%20since%20the%2012-month%20period%20 ending%20November%201981. (last visited August 29, 2022).

11How supply chain constraints contribute to today’s inflation, U.S. Bank (Aug. 5, 2022), https://www.usbank.com/investing/financial-perspectives/market-news/ supply-chain-issues-contribution-to-inflation.html (last visited Aug. 21, 2022).

12Id.

13Amy Yee, Inflation is driving older Americans back to work, Los Angeles Times (July 22, 2022), available at https://www.latimes.com/business/story/2022-07-22/ inflation-drives-older-americans-back-to-work#:~:text=Inflation%20is%20driv ing%20older%20Americans%20back%20to%20work,back%20into%20the%20 workforce%20to%20make%20ends%20meet. (last visited Aug. 20, 2022).

14Q.ai, How is inflation changing spending habits?, Forbes (Dec. 9, 2021), https:// www.forbes.com/sites/qai/2021/12/09/how-is-inflation-changing-spending-hab its/?sh=4d54b76936e8 (last visited August 23, 2022).

15Trevor Wheelwright, The Effects of Inflation on US Small Businesses, business. org (July 14, 2022) https://www.business.org/finance/accounting/effects-of-infla tion-on-small-businesses/ (last visited Aug. 21, 2022).

South

Legal Matter?

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.

PAGE 16 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8
Roman V. Hammes (843) 324-1727 – Charleston Office (407) 680-6050 – Orlando Office Admitted SC/FL
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Almost two decades of great memories and impactful contributions made through our annual Breakfast of Champions Fundraising Event! You can be a part of the Legal Aid Society’s history by sponsoring our largest fundraising event of the year! The 15th Annual Breakfast of Champions is virtual, and the benefits of sponsorship are vast. This is your opportunity to gain great exposure for yourself or your business as our audience includes viewers throughout the nation. The program will be televised via Orange TV, and its affiliates, and will also be viewable through Zoom & Facebook. Visit Legal Aid Society – Acceptiva to learn more!

PAGE 18 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8

Legal Aid SocietyWhat We Do...

Is it a Bird? Is it a Plane? No, it’s a VAC!

Let’s play a game. How many superheroes can you name?

There’s a ton… Superman, Iron Man, Spiderman, Batman. The list… quite literally… is endless! Just ask any kid in your vicinity or turn on your favorite streaming service. But have you ever heard of VACs? Admittedly, the name is not as cool as Cap tain America or Wonder Woman, but it certainly packs a punch in meaning.

Those of you familiar with the Legal Aid Society of the Orange County Bar Association, Inc. know that much of our ability to help others relies on our strong volunteer base of pro bono attor neys. What you may not know is we also have an equally strong and growing base of non-attorney volunteers.

VACs, more formally known as Volunteer Advocates for Children, work alongside our Guardians ad Litem (GALs) to provide a voice to children in the child welfare system. In the realm of child wel fare and with authority from Chapter 39 of the Florida Statutes, GALs are charged with representing a child’s best interests. A task that is not always easy! As you can imagine, deciphering what a child needs or wants, and if a child is safe, happy and loved can be challenging.

To be a GAL in Orange County, you must be a licensed attorney. There are countless benefits to this arrangement. Our GALs are already familiar with courtroom etiquette and proper procedure. They can cut their way through legal jargon and get down to the heart of the matter. Most importantly, they can litigate! But even the best attorneys need help. One’s legal career or life experience may not prepare them to decode the mind of a teenage girl who has been trafficked or fully understand the needs of an eight-yearold child with Autism.

To assist our GALs and match the need for advocacy in our com munity, the Volunteer Advocates for Children Program was born. This program is comprised of over 100 non-attorney volunteers who are ready and eager to put their superpowers to work! Our volunteers are properly trained and provided a host of informa tion on the dependency system as well as their assigned case. They have a firm understanding of their responsibilities and the bound aries of confidentiality. VACs work alongside our GALs to ensure our kids are heard! They complete monthly home visits, attend staffings, and provide an extra set of eyes and ears on the case. VACs are our boots on the ground and eyes in the sky! Our VACs are as diverse as the children we help protect! They bring to the table their own specialized knowledge and life experi

ences. Some are college students and can easily relate to our older teens entering adulthood. Some intimately understand the trauma and loss our children have faced due to their own history. We also have VACs that speak multiple languages including Spanish, Creole, and Portuguese. This helps eliminate communication bar riers and creates a safe and familiar environment for our children. Many of our VACs are educators, counselors and former medical professionals that already have experience working with children. Their backgrounds enable us to gather vital insight into the individual needs of our children.

No matter their differences, our VACs certainly share one thing in common – a strong, unmatched desire to help our kids. They are our superheroes!

“I’m thankful to be a part of the VAC Program because it allows me to tangibly provide assistance to children who are making the hard journey through our social system. Alongside the GAL, help ing the child have their voice heard throughout the court process is my small way to keep that child’s future bright and hopeful!”

– VAC Kyle Mattingly

“Children are the true spiritual currency of life with which we build our hoped-for future world. By instilling in them a strong but gentle field of care they feel safe and we foster in them a way to be in touch and to build their own healthy comportment to life. They in turn will radiate and give to their own family and community a flourishing gift that would not otherwise take root without an opportunity to thrive as children. I enjoy very much being part of the now and future generations to come. I hope I make a difference.” – VAC Bruce Clukay

“It’s been my absolute pleasure to become a volunteer advocate. Being an extra set of eyes and ears into the child’s case can be the difference between them getting the services, funding and safety that they deserve… or, the alternative, of possibly getting lost in an overloaded system. Being a VAC is one of the most heartwarm ing and heartbreaking experiences I have ever committed to – and I wouldn’t change my involvement for anything. Once you get in volved, you can’t unsee the opportunities to make our community a better place.” – VAC Mara Shorr

If you would like to join our team of superheroes by becoming a Guardian ad Litem or Volunteer Advocate for Children, please contact us!

For information on how you may financially support LAS, please contact Legal Aid Society Manager of Development, Donna Haynes, at dhaynes@legalaidocba.org or 407-515-1850.

Marie Priebe, Esq., Director of Special Projects for the Legal Aid Society of the OCBA Guardian ad Litem Program. She has been a member of the OCBA since 2014.

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 19
PAGE 20 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8 For complex immigration matters made simple, this is where you want to BrownImmLaw.com 407.753.4469 Join the OCBA Lawyer Referral and Information Service or Modest Means Program. The LRIS referred 8,999 clients and generated more than $2 million in attorneys’ fees last year. Visit https://www.orangecountybar.org/ for-attorneys/join-lawyer-referral-service/ to apply or contact candiced@ocbanet.org. Grow your practice and serve the community!

Legal Aid SocietyTeaching Tips

Reverse Mortgages – Do They Help or Harm Seniors?

ave you ever heard of a re verse mortgage? Most of us have heard of reverse mortgages from TV commer cials touting their benefits by well-known mustachioed actors. Reverse mortgages are actual bank loans that are obtained by the owner of a home to access the equity in the home without having to sell the home. Re verse mortgage loans have some significant benefits, and detri ments, that a borrower should be aware of.

Reverse mortgage loans have the following general characteristics:

1. The borrowers must be 62 years of age or older.

2. The amount of the reverse mortgage loan is based on the fair market value of the home and the age of the borrowers. The older the age of the borrowers, the larger the loan amount.

3. The loan proceeds are first used to pay off the existing home loan (if any) and other debts so that the reverse mortgage loan is first in priority.

4. Any excess reverse mortgage loan proceeds can then be used by the borrower in a variety of ways. Often this ex cess money is used to repair or improve the home or pay off other debts.

5. With a reverse mortgage loan there are no monthly pay ments to the lender for principal and interest, real estate taxes, and insurance. This is because no escrow accounts are established with the lender.

6. Because there is no escrow account, seniors are required to pay their real estate taxes directly to the tax collector.

7. Likewise, seniors are required to obtain their own home owner’s insurance and pay the premiums for their insur ance directly to their insurance company.

8. Seniors are required to live in the home as their primary residence. Many lenders require an annual certification that the senior is still living in the home.

9. Seniors are required to maintain the property and make repairs as needed. This can often be difficult because of lack of money or lack of ability to do general maintenance themselves.

10. With a reverse mortgage loan, the balance of the loan in creases every day! This is because interest is assessed on the loan and no monthly payments of principal and interest are ever made during the lifetime of the senior. As a result, over time, the balance of the reverse mortgage loan signifi cantly increases and “eats away” at the equity in the home. This is to be compared with a “normal” home loan where the balance of the loan decreases every month due to the payment of principal and interest.

HThe main benefit of a reverse mortgage loan is that a homeown er is no longer required to make regular monthly mortgage pay ments to the lender for the remainder of his or her lifetime. For a low-income homeowner, a reverse mortgage loan can be a “life saver” since a low-income homeowner will have eliminated their traditional mortgage payments which often exceeds 50% of their total monthly income. For example: a low-income senior with a monthly social security income of $1,500 may have a monthly mortgage payment of $900. With a reverse mortgage loan, the prior mortgage loan is paid in full. As a result, the low-income senior no longer has to make their $900 monthly payment. They are, in essence, “free” of their overwhelming burdensome monthly home loan payment and, as a result, they feel “rich” as they enjoy the equity that has built up in their home over their often many years of home ownership.

However, reverse mortgages are not all sunshine and roses. Some of the “thorns” of a reverse mortgage loan are a higher interest rate, closing costs, and the loan uses all of the equity in the home. Selling the home in the future becomes more difficult and less profitable if the value of the home has declined. Also, the heirs of a homeowner often receive little or nothing of value (from the home) upon the death of the reverse mortgage homeowner. If they wanted to keep the home in the family, they would have to pay off the balance on the reverse mortgage.

At the Legal Aid Society, we see a fair number of foreclosure cases that involve reverse mortgage loans. Most people are surprised at a senior being involved in a reverse mortgage foreclosure because there are no required monthly payments of principal and inter est. Unfortunately, as the homeowner gets older, they often forget about other loan obligations such as paying the real estate taxes and homeowner’s insurance. Some seniors don’t read their mail and, as a result, fail to respond to lender inquiries which require a homeowner to certify that they are still living in the home. The way to avoid these problems is to have a family support system in place so that a senior’s property taxes and homeowner’s insurance are paid on time. For those without family to assist, automatic debits from a senior’s bank account are often the best way to make certain that a loan default does not occur due to unpaid property tax or insurance premiums.

If you are representing a senior who is in default of their re verse mortgage loan, there is “hope” that the loan default can be cured. The mortgage lender’s counsel is often very willing to assist in trying to resolve the loan default. Reverse mortgage loans are heavily regulated by the Department of Housing and Urban Development. The American Rescue Plan Act of 2021 authorized a federal program that may assist a homeowner in the payment of real estate taxes and homeowner’s insurance. In Florida, this federal program is known as the Homeowner Assistance Fund. More information can be found at www.FLHome ownerAssistance.org.

Saving the “best” for last, if you are representing a senior who is in default on their non-reverse mortgage home loan (i.e., a “regular”

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 21
continued page 26
“Orlando Trivia Nick”, Nick Seidule, Esq. Jackson 6 – Best Costume Sealed Subpoena Colada – Best Team Name The Legally Blondes – 3rd Place Space Force – 1st Place The The 6 Yutes – 2nd Place The
PAGE 22 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8 OCBA Annual Trivia Competition Tuesday, August 16, 2022 Ace Café Sponsored by: CSK Cole, Scott & Kissane Milestone Reporting Florida Lawyers Mutual Insurance RASi Registered Agent Solutions Inc.
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OCBA MemberNews

Hearsay

The only difference between the saint and the sinner is that every saint has a past and every sinner has a future.

– Oscar Wilde

ecause of the expansive list below outlining the great achievements obtained by the listed lawyers in our commu nity, I will keep my words short. Essentially, the last couple years for all of us have proved arduous and uphill, rendering confusion and anxiety and, in some, dare I say depression? Yes, I dare say it. But, as a community of colleagues, friends, and family, we have come together delivering hope and encouragement, a message that new beginnings are not only possible, but imperative. Each day is an opportunity to begin again, to learn something new personally and professionally, and to overcome trials and tribulations, all in recognizing that we are not stuck in the mire of our current situa tion – we always have a future and can begin again leaving behind the current state of affairs. Always take the opportunity to evolve, not repeat.

Jr., Darryl L. Gavin, Daniel J. Gerber, Suzanne Barto Hill, Bud Kirk, David B. Shelton, Francis H. Sheppard, Larry D. Smith, Jennifer Smith Thomas, David C. Willis, Robert H. Adams, Craig A. Alexander, E. Berton Spence, J. Michael Rediker, Leonard J. Dietzen, III, Richard A. Greenberg, Scott M. Sarason, Jacey Kaps, Robert L. Blank, Michael L. Forte, and Jeffrey J. Grosholz.

Michael V. Andriano, Esq.

Honors and Awards

Larry D. Smith, Esq., recently received the Federation of Defense & Corporate Counsel 2022 Diversity Award. The annual award recognizes a member whose efforts embody the spirit of the orga nization’s Diversity Statement and to expanding the mandate of inclusiveness within the profession and the recipient’s dedication to the principles of advancing diversity within their community.

R. Gavin Mackinnon, Esq., of Goldberg Segalla has been in cluded on The Best Lawyers in America’s Best Lawyers: “Ones to Watch in America” list for 2023.

Cathleen Winter, Esq., of Rebecca L. Palmer Law Group has been appointed President of the Greater Orlando Asian American Bar Association.

Cynthia M. Winter, Esq., of Rebecca L. Palmer Law Group has been appointed to the Board of Directors of the Greater Orlando Asian American Bar Association.

Karen Persis, Esq., has been named Best Lawyers 2023 Family Law Lawyer of the Year in Orlando.

The following lawyers from RumbergerKirk were recently selected by their peers for inclusion in The Best Lawyers in America 2023: Brett M. Carey, Lori J. Caldwell, Ernest “Skip” H. Eubanks,

BThe following lawyers from Winderweedle, Haines, Ward, and Woodman, P.A., were recently selected by their peers for inclusion in The Best Lawyers in America 2023: Joseph P. “Rusty” Ca rolan, III, Michael P. Carolan, James E. “Trippe” Cheek, III, Jere F. Daniels, Jr., Ryan E. Davis, J. Jeffrey Deery, Gregory L. Holzhauer, Allison Turnbull Jones, Bradley M. Saxton, Vanessa J. Skinner, Harold A. Ward, III, W. Graham White, Richard B. Weinman, Brandon DeGel, Heidi M. Mitchell, and Lauren Reynolds

Ryan E. Davis, Esq., of Winderweedle, Haines, Ward, and Woodman, P.A. was named an Orlando Lawyer of the Year in Liti gation – Bankruptcy. The Lawyer of the Year distinction is awarded to individual lawyers with the highest overall peer feedback for a specific practice area and geographic region. Only one lawyer is recognized as the Lawyer of the Year for each specialty and loca tion.

Syreeta McCoy, Esq., recently joined the law firm of Winder weedle, Haines, Ward, and Woodman, P.A., as an associate work ing in the estate planning section.

In Memoriam

Andrew Baron, Esq. Mr. Baron, born in 1940, was a member of the Orange County Bar Association since 1968. He was an alumnus of the University of Florida’s Fredric G. Levin College of Law, and practiced bankruptcy law in several federal courts within the Eleventh Circuit.

Jon Marshall Oden, Esq. Jon was a Phi Beta Kappa graduate of the College of William & Mary and a graduate of the University of Virginia Law School. He was a member of the Orange County Bar Association since 1994.

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

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 23

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

Rumberger, Kirk & Caldwell P.A.

Shutts & Bowen, LLP

Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC

Fisher Rushmer

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

Marshall, Dennehey, Warner, Coleman & Goggin

McDonald Toole Wiggins, P.A. Stovash, Case & Tingley

2-9 Members

Anderson & Ferrin, Attorneys at Law, P.A.

Artemis Family Law Group, PLLC

Aust Law Firm

Barrister Law Firm, P.A.

Barry Miller Law

Carr Law Firm, P.A.

Compass Law Culbertson Law Group

Davey Law Group, P.A.

Debra Wilkinson Botwin, LLC

DeCiccio & Johnson

Dellecker Wilson King McKenna Ruffier & Sos, LLP

Divine & Estes, P.A.

Fassett, Anthony & Taylor, P.A

Flammia Elder Law Firm

Forward Law Firm P.A.

Gasdick Stanton Early, P.A. GoodBlatt – Leo

Green Family Law, P.A.

Harris Harris Bauerle Lopez

Hilyard, Bogan & Palmer, P.A.

Hornsby Law

Infocus Family Law Firm, P.L.

Jill S. Schwartz & Associates, P.A.

Keating & Schlitt, P.A.

King, Blackwell, Zehnder & Wermuth, P.A.

Korshak & Associates, P.A. Kosto & Rotella, P.A.

Law Offices of Brent C. Miller, P.A.

Law Offices of Horwitz & Citro, P.A. Lebron Law PLLC

Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC

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

N. Diane Holmes, P.A.

O’Mara Law Group

Page & Eichenblatt, P.A.

Perez LaSure, LLC

Rebecca L. Palmer Law Group 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 & DeLattre, P.A.

Wilson McCoy, P.A.

Wooten Kimbrough, P.A.

Yergey & Yergey, P.A.

YLS August Luncheon YLS Subpoena Colada team at OCBA Trivia Competition
PAGE 24 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8

Young Lawyers SectionNews

YLS on the Move

YLScontinued its mo mentum over the last few months!

After a great success at our Back pack Project Happy Hour on July 28th, YLS and CFAWL were able to donate a record amount of over $10,000 in backpacks and school supplies for the children at Rock Lake Elementary and Washington Shores Elementary. Both of these schools are Title I schools here in Orlando meaning the students are in high need of help getting the basics for school. On August 9th, our volun teers were able to pack nearly 500 backpacks for the kids at these schools just in time for the first day of school! Thank you to our amazing chairs Gabrielle Sanandajian and Lauryn Day and the CFAWL chairs Nikita Hinton and Alex Mena for all the hard work to make Backpack Project a great success this year! A special thank you to our sponsors and those that donated supplies!

At our August Luncheon, CEO of Florida Citrus Sports Steve Hogan provided an engaging presentation on Florida Citrus Sports’ contributions to the Central Florida community and its future endeavors. Thank you Steve Hogan for such a wonderful presentation.

YLS competed in the OCBA’s An nual Trivia Com petition on August 16. Our Subpoena Colada team won best team name.

Special shout out to our mastermind behind the theme board member Kelsey Weiss

On August 17th, YLS and the Executive Council went head-tohead in the annual Battle of the Boards. The Executive Coun cil prevailed in an epic swan boat/foot race. Congrats Executive Council! See you next year! Special thanks to OCBA for coordi nating the event and past presidents Liz Foshee McCausland, Nick Shannin, Tony Sos, and Tom P. Wert for assisting!

To end August, YLS hosted a Whiskey Tasting at The Woods. Whiskey connoisseurs taught attendees about the origin and taste of popular whiskeys. Attendees also enjoyed an exclusive cocktail menu featuring each whiskey presented. All attendees should be able to impress guests at their next dinner party. Thank you to committee chairs James Davis and Eloisa Pino for making this event a success!

On September 22, YLS hosted a different type of Health and Wellness event with the Rage On event at the Orlando RAGE ROOM. Attendees were able to smash, crash, and blast their stress away! Thank you to committee chair Lauryn Day for organizing this awesome event!

Golfers and “golfers in training” dusted off their clubs as the YLS Golf Tournament made its triumphant return on September 30th. Teams battled for eighteen holes at the beautiful Omni Orlando Resort at Champions Gate, International Course. After the dust settled, awards were presented to the winners at a reception. For our attendees who walked away empty handed, you have a year to practice for the next tournament. Thank you to committee chairs Jacob Shumer, Sean Mendez-Catlin, and Ayanna Barrow for their amazing job in putting this event together!

Don’t forget to follow us on Facebook, Instagram, and Twitter for more updates! If you attend any of our events, tag us @ocbayls and #togetherwegofar.

Upcoming events:

10/13/2022 – Pink and Purple Party with CFAWL

10/15/2022 – Gator Bus Trip against LSU

11/10/2022 – Lip Sync Battle 12/07/2022 – Holiday Party

Vaughn G.S. Glinton, Esq., is an attor ney with Jackson Lewis P.C., where he practices employment law. He has been a member of OCBA since 2017.

Vaughn Glinton, Esq. YLS and CFAWL Backpack Stuffing
theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 25

OCBAFoundation

he Orange County Bar Associ ation Foundation, Inc. focuses on community education. From the consequences of one’s actions, to how the judicial system works, to supporting the local schools, to mentoring, the OCBA Foundation helps citizens gain a better under standing of the judicial system. Follow us on Facebook at https:// www.facebook.com/OCBAFoun dation, Instagram @ocba_foundation for updated information about our Law School Book Awards, Scholarship, and Grant opportunities.

Meet our 2022-2023 Board:

Officers:

Onchantho Am

President

Michael Andriano

Vice President

Arti Hirani Treasurer

Kafi Kennedy Swanson Secretary

Hon. Andrew L. Cameron Immediate Past President

Board of Directors:

Hon. Jeanette Bigney Euri Cerrud, II

Keshara Cowans

Trinetta Fisher

Robert Grimaldi

Hon. Steve Jewett

Hon. Leticia J. Marques

Rachel Mattie

Alisia Profit (Past President)

Andrew M. Reath

Brett R. Renton Rebecca Smith-Hameroff

LASTeaching Tips continued from page 21

home loan), then having your client obtain a new reverse mortgage loan may solve their existing home loan default since the reverse mortgage loan proceeds are used to pay off the existing home loan. This can save a senior from losing their home due to a fore closure. Once the existing mortgage is paid off, the senior would then be able to live out their remaining years without having to make monthly mortgage payments to their lender. Saving their home from foreclosure, eliminating monthly mortgage payments, and increasing their disposable income can mean the difference between a senior being homeless or thriving in their later years.

For more information, contact Jay Mobley at jmobley@legalaidocba.org or 407-8418310. For more information on becoming a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org or 407-515-1850.

Jamos Mobley, Esq., is a staff attorney for the Legal Aid Society of the OCBA. He has been a mem ber of the OCBA since 2012.

TNew Members

Regular Manal Z. ABRAHAM

Desiree Ellison BANNASCH

Garrett Anthony CAGGIANO Laci J. CASADO

Luiz Augusto Da Cunha PEREIRA

Marty Francis EBENGER

Joseph K. FABBI

Christopher N. GONSALVES Rebecca E. GULDEN

Pamela M. HERNANDEZ

Dylan James HOOPER

Joy Ragan KNIGHT

Jonathan D. KNOTT

Michael P. PATRICK

Brooklyn E. RAPCHIKGAUGHEN

Andres Robles CRUZ

Alexander John TANIOS

Nichelle Lynn WOMBLE

Affiliate

Nichole SEPULVEDA

Emeritus

Vivane RICCI

Law Student

Kaylie M. BATALLAN

Whitney K. CHISHOLM

Lanie D. COHEN

Castillana F. DUVERRAY

Camille M. ENGLE Catherine FRANCO Liamna MATOS-LEZCANO

Sherry A. REGISTER

Amy M. RICHARDSON Louis ZANDERS III

Paralegal Student

Julie S. ROO P

Jinxuan WU

PAGE 26 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8

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Voluntary BarNews

SideBar

It’s pumpkin spice season and with the change in season came several changes in leadership for our voluntary bar associations. Here is a glimpse of some of the organizations who welcomed new board members and hit the ground running to make this their best year yet!

The Central Florida Gay and Lesbian Law Association

The Paul C. Perkins Bar Association

On August 24, 2022, The Paul C. Perkins Bar Association (PCPBA) hosted their Annual Welcome Reception at Novelty 101. The night was full of fun, music, and conversation as PCPBA wel comed current members and connected with future ones.

The Central Florida Association for Women Lawyers

On Monday August 22, 2022, the Central Florida Gay and Lesbian Law Association (CFGAL LA) held a social at The Hammered Lamb. Members got together for a camaraderie, board member selection, as well as event pan ning for CFGALLA. Then on September 12, 2022, CFGALLA held their Board Meeting and Social at Bites & Bubbles.

The Federal Bar Association, Orlando Chapter

On August 26, 2022, the Federal Bar Association, Orlando Chap ter (FBA), hosted a CLE titled “A Conversation with The Hon orable Lori Vaughan: Bankruptcy for Federal Lawyers”. The event was moderated by Andrew Ballentine and was held in the jury assembly room of the Federal Courthouse.

The Greater Orlando Asian American Bar Association

In August the Greater Orlando Asian American Bar Association (GOAABA) and the Asian American Pacific Islanders Coming To gether (ACT) hosted a Judicial Candidate Forum in two segments. The first segment occurred on August 1, 2022, and featured Cir cuit Court candidates. The second segment occurred on August 3, 2022, and featured County Court candidates. GOAABA extends a special thank you to Past President of GOAABA and Co-Found er of ACT, Onchantho Am, and to Kam Shenai, Co-Founder of ACT, for making this event possible. Great job to Immediate Past President of GOAABA Kenway Wong, President of GOAABA, Cathleen Winter, President-Elect of GOAABA, David Yau, Leila Chacko, and Laura Chiu for their hard work!

GOAABA then hosted an executive board retreat at Player 1 Video Game Bar on August 21, 2022. On September 1, 2022, GOAABA hosted their inaugural Orlando Foodie Tour at Hap py Lemon Orlando. During this event, Happy Lemon’s manager, Bao Huynh, gave a tour of the establishment and tutorial on mak ing a Happy Lemon beverage and bubble waffle.

The Hispanic Bar Association of Central Florida

In July, The Hispanic Bar Association of Central Florida (HBACF) hosted a Path to the Bench event in conjunction with the Tampa and Broward County Hispanic Bar Associations. The Honorable Gisela Laurent moderated the event and multiple judges partici pated in the panel to share their stories reference their path to the bench and what surprises they encountered, including our own Ninth Judicial Circuit Jurists: Judges Tarlika Nunez-Navarro and Brian Sandor.

On July 28, 2022, The Central Florida Association for Women Lawyers and the Orange County Bar Young Lawyers Section (YLS) co-hosted a Backpack Project Happy Hour. After a twoyear hiatus, they were able to raise over $10,000 to donate to “A Gift for Teaching” for school supplies to help children in need. Thank you especially to CFAWL president Lauren Millcarek, YLS president Stephanie Alcalde, CFAWL Backpack Project Chairs Nicky C. Hinton and Alex Mena, as well as YLS Backpack Project Chairs Lauryn Day and Gabrielle Sanandajian.

Then, Sunday Fun Day did not disappoint as CFAWL held its 2022 board retreat on Sunday, July 31, 2022, at Quantum Leap Winery. CFAWL’s board was able to brainstorm ideas for the year all while enjoying great company, a delicious charcuterie board from La Femme du Fromage, a relaxing chair massage from Misty Mae Huber and of course the amazing drinks from Quantum Leap Winery (bonus – these are all local women-owned businesses).

On August 5, 2022, CFAWL board members Lauren Millcarek and Nicky C. Hinton helped welcome the new class of Assistant State Attorneys at the Office of the State Attorney for the 9th Judicial Circuit. CFAWL extends a special thank you to ASA Jac queline Brown for the invite and State Attorney Monique Worrell for the hospitality.

Then on August 19, 2022, CFAWL held their first monthly lun cheon of the 2022-23 year, featuring Heather Fagan, Chief of Staff to Orlando Mayor Buddy Dyer. Fagan has led the creation of Orlando’s 10 Main Street Districts, the revitalization of downtown and Parramore, and the city’s communications response to the Pulse tragedy – so she certainly had many fascinating stories to share. Congratulations to CFAWL’s first #CFAWLcandle recip ients Traci Deen and Celia Thacker Dorn for their incredible work as hobnob chairs and Nikki Hinton and Alex Mena for chairing the record-breaking Backpack Project!

On August 16, 2022, CFAWL members teamed up to win 3rd place in the OCBA Trivia Night Contest as the “Legally Blondes”.

Then on August 18, 2022, CFAWL Board Member, Leia Leitner, hosted a watch party along with Scott Leitner to watch the pre miere of Marvel’s She-Hulk: Attorney at Law. Attendees enjoyed amazing hospitality as well as action-packed fun watching the only woman attorney superhero together.

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practi tioner who practices primarily in the area of criminal law throughout Cen tral Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA as well as a board member of the Central Florida Association for Women Lawyers.

PAGE 28 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8
S. Joe Panyanouvong, Andrew Reath, Avita Samaroo, David Yau, Kenway Wong, Cathleen Winter, Cynthia Winter, Teris Deitsch, XiXi Li Judge Tarlika Nunez-Navarro, Cathleen Winter, David Yau, Andrew Reath, S. Joe Panyanouvong, Avita Samaroo, Teris Deitsch, Cynthia Winter, XiXi Li, Kenway Wong (Passing of the Gavel Ceremony): Lisa Gong Guerrero, Christine Berk, Vanessa Braga, Annie Kwong, Leia Leitner, Onchantho Am, Kenway Wong, Cathleen Winter Kenway Wong, Cathleen Winter GOAABA/Asian American Pacific Islanders Coming Together (ACT) Judicial Candidate Forum – Circuit Court, 8/1/2022 Top Row: Kenway Wong, Cathleen Winter, Judge John Beamer, Norynne Caleja; Middle Row: Judge Vincent Chiu, Allison Kerestes, Onchantho Am, Fay Olga Pappas; Bottom Row: Aldo Bartolone, Laura Chiu GOAABA/ACT Judicial Candidate Forum –County Court, 8/3/2022 Top Row: Kam Shenai, Cathleen Winter, Leila Chacko, David Yau; Second Row: Judge Elizabeth Starr, Michael Morris, Laura Chiu, Jared Adelman; Third Row: Judge Elizabeth Gibson, Judge Andrew Bain, Kenway Wong, Amanda Sampaio Bova; Fourth Row: Onchantho Am 2022-2023 GOAABA Retreat, 8/21/2022 Andrew Reath, XiXi Li, Cynthia Winter, Cathleen Winter, David Yau, Kenway Wong, S. Joe Panyanouvong, Avita Samaroo
theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 29
2022 – 2023 GOAABA Installation Event

CLASSIFIED ADS

NEW CATEGORY ANNOUNCEMENT

MATEER & HARBERT, P.A. – takes pleasure in announcing that SUSAN E. SEWELL was promoted to partner in August 2022. (407) 425-9044

EMPLOYMENT

ATTORNEY FOR WINTER PARK PLAINTIFF PERSONAL INJURY FIRM. Small no-drama office with executive office space. Primarily pre-suit position to start. Great op portunity for beginning attorney. Competitive salary and benefits. All applications kept confidential. Send resume to Glenn@Klausmanlaw.

com

BUSY COMMERCIAL LITIGATION

PRACTICE with a national AV-rated firm is looking for 1-3 year associate to join our team. Experience with drafting pleasing, motions, and discovery are essential. Maynard Cooper & Gale offers both a com petitive salary and great benefits in a congenial working environment. resume, writing sample, and salary requirements should be submitted to jpainter@maynardcooper.com

DEFENSE ATTORNEY: Great oppor tunity for advancement for an attor ney 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, ex cellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes.

com

DOWNTOWN ORLANDO LAW OFFICE SEEKING A 5+ YEAR FULL-TIME LITIGATION PARALE GAL with experience in insurance defense and/or plaintiff’s personal injury litigation. Benefits and salary are based on experience. E-mail your resume to: dianna@vasko.net

DOWNTOWN ORLANDO LAW FIRM seeking a BI Insurance De fense trial paralegal. Starting salary of $95,000 annually with a $5,000 signing bonus. All applications will be kept confidential. Please send re sumes 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 re sume to mheaberlin@gobelflakes. com

EXPERIENCED COMMERCIAL LITIGATION ATTORNEY wanted for established Orlando firm with 13 Central Florida offices. Seeking experienced Florida licensed attor ney – Construction law experience a plus – Excellent analytical and writing ability a must. 4-8 years experience preferred. Outstand ing opportunity to join growing law firm. Great team environment. Competitive salary and benefits. Email resume to mary@bogin munns.com.

EXPERIENCED LITIGATION AT TORNEY for plaintiff’s personal injury and first party insurance law firm located in Altamonte Springs. Growing dynamic law firm seeks attorney with minimum 2 years’ experience in the courtroom. Will be responsible for handling a case load assigned by the firm, as well as developing their own clients. At torney will be responsible for client sign-ups, initiating litigation, taking depositions, attending hearings, preparing for and presenting at mediation and trying cases. This is a unique opportunity to advance and grow a practice within a practice. Candidate must be a self-starter, motivated, enthusiastic, and cre ative. We like out-of-the-box think ing when approaching our cases. Salary has unlimited potential be cause the position is a combina tion of base pay plus a percentage of fees recovered. The firm offers health insurance, disability insur ance, dental, optical and life insur ance. 401(k) and profit sharing is also included. Candidate should submit a resume, and cover letter to jbridges@brehnelaw.com

FAST-PACED INSURANCE DEFENSE FIRM LOCATED IN MAIT LAND, FL is searching for a Le gal Assistant. The firm handles first-party property/liability cov erage issues. Insurance defense and strong litigation experience preferred. Experience with calen daring, scheduling of depositions, and court reporters as needed. and follow up as it relates to discovery matters Experience with E-Filing software and procedures. Famil iarity and compliance with judicial orders Please send resumes: jmc callister@rocklawpa.com

GROWING ORLANDO AV RATED

CIVIL LITIGATION FIRM SEEKING TWO ATTORNEYS one with 2-5 years experience and one with 5 to 10 years experience. Prior trial ex perience is a plus. Excellent salary and benefits. Please send resume in confidence to Gary@vasko.net.

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

LEGAL ASSISTANT/PART-TIME PARALEGAL Seeking an ex perienced legal assistant with some paralegal experience for a sole-practitioner litigation attor ney in downtown Winter Park, Florida. Requirements: Excellent verbal and written communica tion, computer, organizational and time management skills, in cluding knowledge of word pro cessing, software (Word and Excel) (QuickBooks preferred); Knowl edge of law office management, time-based billing, legal research software, and Zoom communi cations. Pay commensurate with experience. Covered parking; 9 to 5 hourly compensation; Good ben efits. Casual attire and atmosphere. For consideration: Please email a PDF of your resume to pcrowell@ patrickcrowell.com and to lcrow ell@patrickcrowell.com with the following information: 1. Desired compensation range 2. First avail able start date 3. Physical location 4. COVID 19 vaccination dates 5. Availability to come to Winter Park for an interview, or by Zoom

LITIGATION PARALEGAL Solo practitioner seeks a paralegal with 10 or more years of litigation/trial experience. Knowledge of the em inent domain process is a plus. The qualified candidate should have the skills to draft motions, orders, production requests, and discov ery responses and be able to work independently. This person will at tend client meetings, depositions, hearings, and trials with the attor ney. Knowledge of procedures fol lowed regarding trust accounting as required by the Florida Bar is a plus. Benefits include paid parking, holidays, 3 weeks vacation (after 6 months), and health insurance. Work hours will be 9:00 a.m. to 5:00 p.m. 5 days a week. This is not

a remote position. This is a quaint office atmosphere, away from the traffic and congestion of down town. Salary is competitive and based on the number of years of experience in a litigation practice. Fax Diane Smith 407-423-1505

NJ JD CAN HELP LAW FIRM – doc review/client prep/ deps CME case summaries. Tried 75+ NJ jury trials Fla exp. City Orlando/paralegal. Call 407-622-9138.

TIRED DEFENSE ATTORNEY: Tired of billing until your nose bleeds? Tired of not being the first dog on the sled? Tired of fighting with the carrier over your bills –even after you just kicked the poor Plaintiff’s as.. Tired of never having the opportunity for a “big hit” the size of your annual salary after a great settlement? Tired of not being in control of your destiny? Umm, thinking, “if I don’t make the jump now, I might as well throw away the key”. If so, quietly contact Don at McKeever@mckeeverlaw. com or call 407 760 5330.

FOR SALE OR RENT

CLASS A OFFICE SPACE FOR RENT – located in the heart of downtown Orlando at the Plaza building. Fur nished for attorneys and assistants. All office amenities included. Great views with balcony. Call 407-9999955 or email inquiries to jsherris@ sherrislegal.com or receptionist@ sherrislegal.com.

HISTORIC LAKEFRONT BUILDING DOWNTOWN ON LAKE LUCERNE, has office spaces/suites available, great parking right outside the of fice, conference rooms, and shared receptionist available; email inquiries seichenblatt@floridalawonline.com / see photo link: https://bit.ly/Offic eSpacePhotos

MAITLAND OFFICE BUILDING FOR SALE: – 8 offices, conference room, reception area, kitchen, 3 bathrooms. Gated parking for 11+ vehicles. furniture optional. $789K, Terri E. Labrie, Realtor, https://bit. ly/BuildingVirtualTour Tiger Real Es tate, LLC 321-427-3345

PROFESSIONAL LAW OFFICE SPACE IN BALDWIN PARK FOR RENT – 911 Outer Road, Orlando 13’1” x 13’4”, Unfurnished, Free Parking, Wifi and Utilities includ ed. 1-year lease, available August 1, $2500/month contact. Edson Sr 407-630-6652/Kristi 407-6170364

PAGE 30 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8

Gallagher at:

theBriefs October 2022 Vol. 90 No. 8 www.orangecountybar.org PAGE 31 Looking For AChange? With 285 employers and 395 listed jobs in your field – you have options! OCBA members have access to: ❚  Resumé review ❚  Discounted job postings ❚  Sign up for auto email alerts of new positions available – and so much more! Go to: https://orangecountybar-jobs.careerwebsite.com to seek or post jobs Or contact Ursla Gallagher at: 407-422-4551 ext. 244 for more information! Looking For AChange? With 285 employers and 395 listed jobs in your field – you have options! OCBA members have access to: ❚  Resumé review ❚  Discounted job postings ❚  Sign up for auto email alerts of new positions available – and so much more! Go to: https://orangecountybar-jobs.careerwebsite.com to seek or post jobs Or contact Ursla
407-422-4551 ext. 244 for more information!

OCTOBER - NOVEMBER

OCTOBER

4

5

Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

Immigration Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

6 Business Law Committee Seminar

New Developments in Cryptocurrency Forensics and Investigations

12:00 p.m. – 1:00 p.m.

OCBA Center Sponsored by RASi

OCBA Bowling Night

6:30 p.m. – 8:30 p.m.

The Keg Social Orlando

Sponsored by Milestone Reporting

10 Estate, Guardianship and Trust Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

11 LAS Lunchtime Training

TPS, Application and Renewal Process

12:00 p.m. – 1:00 p.m. Virtual Technology Committee Seminar

The Most Important Factors of Document Review

12:00 p.m. – 1:00 p.m. Virtual Sponsored by DISCO

12 Lawyers Literary Society Committee Meeting

John McDonald, The Deep Blue Good

12:00 p.m. – 1:00 p.m.

Virtual

13 Criminal Law Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

Civil Rights Law Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual Insurance Law Committee Seminar

TThe Challenges of Uncovering Medication Error-Related Malpractice

12:00 p.m. – 1:00 p.m.

OCBA Center Sponsored by Haliczer Pettis & Schwamm

Social Security Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

17 Labor and Employment Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

18 Solo & Small Firm Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

OCBA Trunk or Treat Spooktacular

6:00 p.m. – 8:00 p.m.

OCBA Center Parking Lot

19 Elder Law Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

20 Civil Rights Committee Meeting

6:00 p.m. – 7:00 p.m.

Virtual YLS Board Meeting

5:30 p.m. – 7:00 p.m.

OCBA Center

21 YLS Luncheon

11:30 a.m. – 1:00 p.m. Citrus Club

Family Law Committee Seminar

Family Law Case Update

12:00 p.m. – 1:00 p.m.

Virtual Sponsored by Family Law Software, Pozek Group, Soberlink, and LEAP

25 LAS Lunchtime Training

A Team Approach: Orange County Family Dependency Drug Court

12:00 p.m. – 1:00 p.m. OCBA Center with Virtual Option

Diversity Inclusion Committee Meeting

5:00 p.m. – 6:00 p.m.

Virtual

26 Health & Wellness Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

27 OCBA Luncheon Cohosted with the Central Florida Association for Women Lawyers: “Growing Up Shared: Helping Families Share Smarter on Social Media” Speaker: Stacey B. Steinberg, JD, University of Florida, Levin College of Law

11:30 a.m. – 1:00 p.m. Embassy Suites by Hilton Orlando Downtown

30

Diversity/Inclusion Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center with virtual option

15

Health & Wellness and Technology Committee Seminar Wellness, Nutrition, and Technology for Busy Professionals

3:00 p.m. – 5:30 p.m. OCBA Center

YLS Lip Sync for Lungs

5:30 p.m. – 8:30 p.m. Sak Comedy Club

LAS Lunchtime Training

Advocating for Undocumented Youth in Foster Cares

12:00 p.m. – 1:00 p.m. OCBA Center with Virtual Option

31

Health & Wellness Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

NOVEMBER

1

Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

LAS Lunchtime Training Stepparent Adoptions 12:00 p.m. – 1:00 p.m. OCBA Center with Virtual Option

3

Immigration Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

9 Judicial Relations Committee

12:15 p.m. – 1:15 p.m. Judicial Conference Room (23rd Floor) with virtual option

Lawyers Literary Society Committee Meeting Sophocles, Antigone 12:00 p.m. – 1:00 p.m.

Virtual

10 YLS & Paul C. Perkins Luncheon

11:30 a.m. – 1:00 p.m. Citrus Club

Criminal Law Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

Solo & Small Firm Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

16 Elder Law Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

17 Legal Aid Society Breakfast of Champions

8:00 a.m. – 9:30 a.m.

Virtual YLS Board Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

Civil Rights Committee Meeting

6:00 p.m. – 7:00 p.m.

Virtual 24-25

OCBA Office Closed

29 Diversity Inclusion Committee Meeting

5:00 p.m. – 6:00 p.m.

Virtual

30 Health & Wellness Committee Meeting

12:00 p.m. – 1:00 p.m. Virtual

Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr Juna Pulayya • Lorna Truett • Andrew Windle Hon. Tesha Ballou • Susan Staggs • Mark O’Mara

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

Virtual

Please note that live OCBA and Legal Aid seminars and events may be offered virtually, prerecorded, postponed, or cancelled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.

PAGE 32 www.orangecountybar.org theBriefs October 2022 Vol. 90 No. 8
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