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divisions features

28 INTERNATIONAL WOMEN’S 28 7 DAY SYMPOSIUM by Caroline Johnson Levine

32 THE THIRTEENTH JUDICIAL CIRCUIT 2012 PRO BONO SERVICE AWARD WINNERS by Rosemary E. Armstrong events 3 CHALLENGES Editor’s Message 43 TRIAL & LITIGATION by Grace H. Yang QUARTERLY LUNCHEON

4 DOING OUR PART TO 51 HCBA LEADERSHIP EDUCATE FLORIDA VOTERS INSTITUTE VISITS HCBA President’s Message MACDILL AIR FORCE BASE by Pedro F. Bajo, Jr. 43 6 DURANT WINS JUDGE SIMMS MOCK TRIAL COMPETITION YLD President’s Message by Jacqueline R. Ambrose 8 BANNER YEAR FOR HCBA PRO BONO SERVICE Executive Director’s Message by John F. Kynes 10 EXCUSABLE CRIMES State Attorney’s Message by Mark A. Ober 12 THE OTHER SHOE FINALLY DROPPED 51 From the Clerk of the Circuit Court by Pat Frank about us HILLSBOROUGH COUNTY BAR ASSOCIATION Editor OFFICERS & DIRECTORS Grace H. Yang President Pedro F. Bajo, Jr. President-Elect Robert J. Nader Executive Director Immediate Past President John F. Kynes Amy S. Farrior awyer Secretary Alysa J. Ward Treasurer Robert J. Scanlan L Ex-Officio Russell M. Blain ADVERTISING Chester H. Ferguson Law Center PR/Communications Coordinator J. Carter Andersen Benjamin H. Hill, IV Kristin A. Norse Colette K. Black S. Gordon Hill John A. Schifino 1610 N. Tampa Street, Tampa, FL 33602 Dawn S. McConnell, CAE Deborah C. Blews Susan E. Johnson-Velez Laura E. Ward Telephone (813) 221-7777, FAX (813) 221-7778 [email protected], (813) 221-7779 Kevin M. McLaughlin

(ISSN 1553-4456) THE HILLSBOROUGH COUNTY BAR ASSOCIATION Lawyer is published in September, November, December, February, March, May and June by the Hillsborough County Bar Association. Editorial, advertising, subscription, and circulation offices: 1610 N. Tampa Street, Tampa, FL 33602. Changes of address must reach the Lawyer office six weeks in advance of the next issue date. Give both old and new address. POSTMASTER: Send change of address notices to Hillsborough County Bar Association, 1610 N. Tampa Street, Tampa, FL 33602. One copy of each Lawyer is sent free to members of the Hillsborough County Bar Association. Additional subscriptions to members or firm libraries are $50. Annual subscriptions to others, $100. Single copy price, $15.00. (All plus tax.) Write to HCBA, 1610 N. Tampa Street, Tampa, FL 33602. The Lawyer is published as part of the HCBA’s commitment to provide membership with information relating to issues and concerns of the legal community. Opinions and positions expressed in the articles are those of the authors and may not necessarily reflect those of the HCBA. Submissions of feature articles, reviews, and opinion pieces on topics of general interest to the readership of the Lawyer are encouraged and will be considered for publication.

MAY 2012 | HCBA LAWYER 1 IN THIS ISSUE may

38 TRANSITIONING FROM WAR sections TO THE WORKPLACE committees Labor & Employment Section by James R. Douglass 40 HOW TO PREPARE FOR 24 AND CONDUCT A 22 SUCCESSFUL MEDIATION Marital and Family Law Section by Seth R. Nelson 42 THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION ACT Mediation and Arbitration Section by Vivian Arenas-Battles 17 CONSIDERING CROSS-APPEALS 44 ADVICE FROM AROUND Appellate Practice Section THE ASSOCIATION ON by Caroline Johnson Levine HOW TO RETAIN CLIENTS 18 IS NOTICING A CRACK Solo/Small Firm Practitioner REALLY “NOTICE”? Section by James A. Schmidt and S.M. David Stamps, III Construction Law Section 22 FATHER-SON TAMPA by Katherine L. Heckert 46 THE LLC UNLEASHED - FIREFIGHTERS AFFIRM 20 THE LEGAL TEAM - THE S-HYBRID-LLC VALUES OF FATHERS DAY COLLABORATION ON Tax Law Section Diversity Committee EMPLOYMENT ISSUES by Justin J. Klatsky by Luis Viera Corporate Counsel Section 49 ARBITRATION AGREEMENTS IN by Cal Everett and Ignacio Garcia THE DOC’S OFFICE: FAIR GAME? 24 HIPAA 5010: WHAT YOU Trial & Litigation Section professional NEED TO KNOW FOR YOUR by Charles T. Moore HEALTHCARE CLIENTS 50 JURISDICTION AND COVERAGE Health Care Law Section Workers’ Compensation Section development by Jessica Cohen by Anthony V. Cortese 26 DRAFTING BOILERPLATE 14 MARKETING YOUR FOR INTELLECTUAL LEGAL SERVICES IN A PROPERTY LICENSES CHALLENGING ECONOMY Intellectual Property Section Professional Development by Rachel Marks Feinman by Robert Shimberg

about the cover in every issue The stars and stripes on the American flag and the seal on the state of Florida 21 100 CLUB flag fly in the breeze along the Hillsborough River. The building featured on 39 BENEFIT PROVIDERS the cover was the third major legal construction project in the Tampa Heights 41 JUNE CALENDAR community. Stetson University College of Law and the HCBA Chester H. Ferguson Law Center were the first two legal structures in this district. 54 JURY TRIAL INFORMATION Can you identify the third? See page 55 for the answer. 55 CLASSIFIED ADVERTISING AROUND THE ASSOCIATION PHOTO BY DAWN MCCONNELL 58 59 ADVERTISER INDEX

2 MAY 2012 | HCBA LAWYER editor’s message Grace H. Yang, GrayRobinson, P.A.

Challenges

I tell students that it can be immensely satisfying to be a lawyer, but I also tell them that the legal profession can be demanding and stress-inducing.

On average, I have the predictable workload or opportunity twice a year to speak schedule. I could have plans to with high school students, and work on XYZ File, and then an they are sometimes very curious urgent call from a client might about what I do as a lawyer. derail the plans for the workday. I conduct college interviews My task list changes daily, annually, and sometimes the deadlines are important, and students ask me questions about priorities often shift. how I followed a path from I am sure many of you can college to law school and then relate. The Florida Bar’s 2011 the practice of law. Sometimes Membership Opinion Survey the students are daughters or (all 101 pages are available sons of friends who are curious through www.floridabar.org about what lawyers do. At a and then searching “2011 recent leadership event, I even Membership Opinion Survey”), got to speak to a whole room noted that 35% of respondents full of high school students, all listed balancing family and curious about various professions. work as a significant challenge Some of the questions are or concern. 31% of respondents amusing. A student once asked listed high stress as a significant me if I enjoyed fancy lunches challenge or concern. 22% every day. (I don’t know about I like being a lawyer (yes) and cited time management as a you, but I cannot claim that all if the work is interesting (yes). significant challenge or concern. workday lunches are fancy ones.) There are concerns voiced about We learn to juggle competing One student asked me if it was how costly law school can be demands for our time as best fun to play golf with clients and questions about how there as possible. We ask our loved because he heard lawyers golfed are many different types of ones for understanding and a lot. (The student did not know lawyers knowledgeable in many forgiveness if our work schedules what terrible golf skills I have.) different areas of the law. There are not always compatible with One student asked if it was are thoughtful questions about theirs. We hopefully find ways fun to travel for work. (I said it whether it is hard to be a lawyer. to reduce stress, keep things in depended on the travel destination If asked, I am usually blunt perspective, and maintain our and if there was actually time to with them. I tell students that it sense of humor. We review and venture away for a bit from the can be immensely satisfying to adjust the calendars. I tell the offices or buildings where be a lawyer, but I also tell them students that law will always lawyers are often found.) that the legal profession can be be full of challenges. What Other questions are earnest demanding and stress-inducing. counts is how we all deal with ones, though. Students ask if Sometimes, I do not have a the challenges.

MAY 2012 | HCBA LAWYER 3 hcba president’s message Pedro F. Bajo, Jr., Bajo, Cuva, Cohen & Turkel, P.A Doing Our Part to Educate FLORIDA VOTERS

This November, Florida voters will be asked whether to retain three Florida Supreme Court justices and 15 appellate court judges through non-partisan merit retention elections. The genesis of merit selection and retention was a scandal on the Supreme Court during the mid-1970s. …it appears a movement is Governor Reuben Askew was at the forefront of a proposed afoot to use merit retention as constitutional amendment to de-politicize the selection of appellate judges. The amendment was designed to select a political tool in the coming the most qualified appellate court judges, yet provide a election in order to remove mechanism to remove unethical or incompetent judges. It was not designed to politicize those judicial positions; certain judges based on some however, it appears a movement is afoot to use merit retention as a political tool in the coming election in faction’s displeasure with order to remove certain judges based on some faction’s legal rulings on politically displeasure with legal rulings on politically sensitive issues, not based on their ethics or competency. sensitive issues, not based on

Continued on page 5 their ethics or competency.

4 MAY 2012 | HCBA LAWYER hcba president’s message Pedro F. Bajo, Jr., Bajo, Cuva, Cohen & Turkel, P.A

Continued from page 4 Constitution and current Florida law. Among other things, we would be sitting here in 2012 The core mission of the HCBA is to help inspire with segregated schools. Politicizing the merit and promote respect for the law and the justice retention process results in transforming judges system through service not only to the legal into politicians wearing black robes rather than profession, but also to the community as a whole. politicians wearing seersucker suits. I believe In order to facilitate this mission, the HCBA is we all share the same concerns about creating forming a committee to educate the public about a system where judges make decisions as the merit selection and retention process and politicians rather than as members of an exactly what they will be voting on in November. independent judiciary. Most likely, voters will not recognize the judges’ Our program will not be designed as an names on the ballot or have any basis for their endorsement for or against any judge up for merit merit retention vote other than political retention. Rather, it will be an effort to educate propaganda. In fact, polls show an astounding voters on the process and what it means, absent 90% of voters questioned do not understand what political rhetoric. We hope to promote a respect the term judicial merit retention means. for the three independent branches of government You do not have to be a political scientist to and to promote respect for appellate court judges realize this lack of understanding of the merit and their decisions. retention process could have a severe negative This program will be about the process, not the impact on the future of Florida’s judicial branch. result. Judges are restricted by judicial canons in In a functioning democracy, it is crucial that the raising money and what they can and cannot say public have confidence in its court system and in combating these political forces, which are not its judiciary. The judicial branch and its function governed by such restrictions. should transcend political parties and political You will hear more about the HCBA’s merit agenda. Regardless of whether you agree with retention education program as we approach an appellate judge’s decision, every one of us November. We certainly hope that a significant should be concerned with politicizing the merit number of our members choose to get involved retention process. A strong example of how with our educational process. I strongly encourage political this process has become is the significant each of you to become better educated about the amount of money pouring in from out of state merit retention issue and its potential impact on interests to impact the Florida merit retention vote. Florida’s judicial branch. If you have an interest Imagine a judicial system where appellate court in supporting the HCBA’s merit retention judges rule on points of law in accordance with education program and becoming an active the direction the public opinion wind may be participant in that program, please do not hesitate blowing at that time, as opposed to upholding the to contact me or John Kynes at the HCBA.

MAY 2012 | HCBA LAWYER 5 yld president’s message Laura E. Ward, DLA Piper LLP Durant Wins Judge Simms Mock Trial Competition

The late Judge Simms believed that the most effective way of changing the world was by making a difference in the lives of local youth.

The late Judge Robert J. Simms The 2012 competition was a believed that the most effective shining success. With the help of way of changing the world was by eight judges from the Thirteenth making a difference in the lives of Judicial Circuit, Middle District of local youth. To that end, each year, Florida Bankruptcy Court, and the the Honorable Robert J. Simms Second District Court of Appeal, and High School Mock Trial Competition 43 volunteer attorney jurors, the Committee of the HCBA Young competition saw its best year yet. Lawyers Division organizes a mock Eight area high schools competed trial competition for Hillsborough for top honors and a chance to County high schools to promote continue on to the statewide and develop talented youth with an interest in the law. THE LATE JUDGE ROBERT J. SIMMS Continued on page 7

6 MAY 2012 | HCBA LAWYER yld president’s message Laura E. Ward, DLA Piper LLP

Continued from winning the final page 6 match up by one competition. point. This is Students the first time from Sickles, Durant has won Durant, Tampa the competition Preparatory, and the students’ Riverview, joy in their Steinbrenner, achievement Hillsborough, was palpable. Berkeley Prep, The Honorable and Wharton Robert J. Simms High Schools High School took on a Mock Trial complex fact Competition pattern pulled Committee from the headlines: bullying in schools and the would like to thank the sponsors for their support use of social media. Guided by teachers and of this year’s competition: Akerman Senterfitt; attorney coaches, the student teams prepared for de Beaubien, Knight, Simmons, Mantzaris & Neal; the competition for six to ten weeks, and were Carlton Fields; Hill Ward Henderson; and the expected to conduct their trials according to strict HCBA Young Lawyers Division. The Committee rules of procedure and conduct. would also like to thank the attorney jurors who Each team participated in two full trials, gave their time in support of this event, and presenting a different side of the case in each Judges Greco, Isom, Kelly, McEwen, round. Attorney jurors scored each team as to Peacock, Sleet, Ward and Weis. content and presentation, and jurors and judges We hope you will consider joining provided verbal feedback to the students. Scores us for next year’s competition! were tallied from the first two rounds to determine which teams would advance to the finals. Author: In the end, the Durant High School team Jacqueline R. Ambrose, narrowly beat out Tampa Prep for top honors, Carlton Fields, P.A.

MAY 2012 | HCBA LAWYER 7 executive director’s message John F. Kynes, Hillsborough County Bar Association Banner Year HCBA for PRO BONO SERVICE

HCBA member “I only wish my Rosemary E. mother were alive to Armstrong recalls know that she has as a young girl her and always will be my mother struggling inspiration, and if not as a single parent for her I would not be to make ends meet standing here today,” and to protect her Armstrong told a and her brother It truly has been an exceptional year standing-room-only against a violent, for HCBA pro bono service, which crowd at a pro bono alcoholic husband. awards ceremony at She says she should make all HCBA members proud. the Florida Supreme also remembers her Court in Tallahassee mother’s big heart in January. and the strong emphasis she put on helping others “I grew up with a sense that fairness and justice in need, even when she had little to give. were not always meted out equally, even in this It is her late mother’s giving spirit and inspiration great country of ours, and the certain knowledge that Armstrong credits with being awarded the 2012 that I could and should help people not as fortunate Tobias Simon Pro Bono Service Award, the state’s as I,” said Armstrong, with her husband, Tampa highest statewide pro bono award. lawyer Sandy Weinberg, and their three children This year marks the 30th anniversary of the in attendance. prestigious statewide pro bono award commemorating the late Miami civil rights lawyer Tobias Simon. Continued on page 9

8 MAY 2012 | HCBA LAWYER executive director’s message John F. Kynes, Hillsborough County Bar Association

Continued from page 8 Church Consultation and Referral Clinic which he created. Chief Justice Charles T. Canady noted in his A video of the entire January pro bono awards introductory remarks that Armstrong had been ceremony, including Armstrong’s moving remarks, providing pro bono legal services to low-income is available on the archives section of the Florida and other vulnerable residents in the Tampa Bay Supreme Court website. area for 25 years. Meanwhile, on April 26, the Thirteenth Judicial As a volunteer with Bay Area Legal Services’ Circuit Pro Bono Committee recognized two law Volunteer Lawyers Program since 1986, Armstrong firms and three attorneys at its fifth annual Pro has donated nearly 1,200 pro bono hours in legal Bono Service Awards Ceremony, which was held services to those in need, he added. at the Chester H. Ferguson Law Center. Because of what she witnessed in her own The Pro Bono Committee, which is chaired by family as a teenager, Armstrong said providing Circuit Judge Ashley B. Moody, presented the assistance to victims of domestic violence is HCBA’s Jimmy Kynes Pro Bono Service Award especially important and meaningful to her. to Jeanne T. Tate of the Law Office of Jeanne T. According to Dick Woltmann, executive director Tate, P.A. The law firms of Clark & Washington, of Bay Area Legal Services, “No other attorney P.C. and Stichter, Riedel, Blain & Prosser, P.A. has dedicated as much personal time and money received awards for Outstanding Pro Bono Service to support our clients and mission. Her impact by a Law Firm. has been immeasurable. I can’t imagine Bay Area Olin G. Shivers of Foley & Lardner LLP received Legal Services without her.” the award for Outstanding Pro Bono Service by During the awards ceremony, Hillsborough a Lawyer, and Jillian Estes with James, Hoyer, County Circuit Court Judge James M. Barton, II Newcomer & Smiljanich, P.A. received the award also received the statewide 2012 Distinguished for Outstanding Pro Bono Service by a Young Judicial Service Award for his outstanding and Lawyer. Please see pages 32-37 for more details. sustained support of pro bono legal services since Congratulations to all the award winners for joining the bench in 1991. this well-deserved recognition. It truly has been In addition, Adrian J. “Stan” Musial, Jr. received an exceptional year for HCBA pro bono service, the Florida Bar President’s Award for the which should make all HCBA members proud. Thirteenth Judicial Circuit for his commitment of See you around the Chet. pro bono service hours at the St. Paul Catholic Buell &

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MAY 2012 | HCBA LAWYER 9 state attorney’s message Mark A. Ober, State Attorney for the Thirteenth Judicial Circuit

Excusable Crimes

Procedurally, a defendant bears the burden of proving an affirmative defense.

When a person has been charged with a crime and the state of Florida meets its burden of proof, a defendant may nevertheless be acquitted if an affirmative defense is proved. Florida law recognizes numerous affirmative defenses. Insanity and self-defense are the affirmative defenses most frequently raised. Voluntary abandonment, independent act, duress or necessity, good faith, and advice of counsel are less common. Voluntary abandonment occurs when a defendant renounces his criminal plan. In a criminal conspiracy, the defendant must further communicate his

Continued on page 11

10 MAY 2012 | HCBA LAWYER state attorney’s message Mark A. Ober, State Attorney for the Thirteenth Judicial Circuit

Continued from page 10 suspended license when it was done to prevent a drunk driver from taking the wheel or when a renunciation of the plan to the co-conspirators defendant drove to search for a missing child. sufficiently in advance of the crime that they may Perhaps the rarest defenses are the good faith also consider abandoning the plan. If a defendant and advice of counsel defenses. The good faith encounters unexpected difficulties in carrying defense applies in theft cases when a defendant out a criminal plan which cause the plan to be takes property under the honest but mistaken abandoned, it is an involuntary abandonment belief that he or she had a right to the property. and is not a valid defense. A valid good faith defense establishes that the The independent act defense occurs when defendant did not have the specific intent to steal. a defendant participates in a criminal plan, Similar to the good faith defense, reliance on but does not participate in acts committed by advice of counsel is only a defense to specific a co-defendant which are outside the criminal intent crimes. When a person commits a criminal plan and could not be reasonably anticipated. act under the erroneous but honest belief that he For example, a defendant who participates in a or she could lawfully commit the act in question, plan to steal money from an ATM could raise an and that belief was based on legal advice provided independent act defense if a co-defendant uses a by his or her lawyer, the specific intent to commit gun to rob a person at the ATM and the defendant a crime is negated. did not expect or participate in the robbery. Procedurally, a defendant bears the burden of A defendant who commits a crime under the proving an affirmative defense. The prosecution is reasonable belief that it was necessary to avoid not required to disprove an affirmative defense to an imminent greater evil may rely on duress or survive a judgment of acquittal. If the defendant necessity as a defense. The defendant must presents sufficient evidence to raise an affirmative not have caused the emergency or dangerous defense, the court will instruct the jury of the situation and must reasonably believe the criminal defense, and the fact finder must decide whether act is necessary to avoid a real, imminent and to excuse the criminal conduct. impending threat of significant harm, serious As the State Attorney, it is my job to see that bodily injury or death. Also, he must have no justice prevails. I am always willing to consider other reasonable means to avoid the threat and the validity of affirmative defenses in cases we must cease the criminal conduct the moment the prosecute. On occasion, the existence of a valid necessity for it ends. Necessity or duress only affirmative defense is made clear, and the case applies when the harm avoided is more egregious can be resolved prior to trial. At other times it is than the criminal act performed. For example, necessary and appropriate to leave the decision courts have excused the crime of driving with a in the hands of the jury.

ROBERT J. NADER, HCBA PRESIDENT-ELECT GRACIOUSLY REQUESTS THE HONOR OF YOUR PRESENCE AT THE INSTALLATION OF OFFICERS AND DIRECTORS MONDAY, THE TWENTY-FIFTH DAY OF JUNE, TWO THOUSAND AND TWELVE 5:30 P.M. – 8:00 P.M. CHESTER H. FERGUSON LAW CENTER COMPLIMENTARY FOR MEMBERS RSVP TO 813-221-7777 OR [email protected]

MAY 2012 | HCBA LAWYER 11 from the clerk of the circuit court Pat Frank, Clerk of the Circuit Court The Other Shoe Finally Dropped

For Hillsborough County alone, this means a cut of approximately $2 million, which, in the worst scenario, equates to at least 42 positions.

The Clerks of Court in the other shoe finally Florida (“Clerks”) have been dropped. The total budget doing a strange dance with for the 67 Clerks in Florida the Florida Legislature would be cut by $31 million. these past few years, with For Hillsborough County the legislators leading and alone, this means a cut the Clerks following. We of approximately $2 million, have not always felt that which, in the worst they in step with the people scenario, equates to at least we both serve, but this 42 positions. This is on top year, they stomped on our of the repeated reductions toes in an excruciatingly we have taken in past years, painful way. resulting in cutting our staff by almost 20 percent. We had been told before and during the session The Florida Constitution requires that Clerks be that we could expect the same allocation from the adequately funded to perform their court-related Legislature that we had received last year. Just duties by fines, fees and service charges set by the before they were set to vote on the final version of Legislature and, if that is not sufficient to fund these the budget and then adjourn, we found out what our new numbers would be. To quote that old axiom, Continued on page 13

12 MAY 2012 | HCBA LAWYER clerk of court Pat Frank

Continued from page 12 services, to supplement Clerk budgets from “state revenues appropriated by general law.” If this latest cut is not reduced, we will have to focus primarily on the criminal side to meet constitutional and statutory due process timelines, leaving civil cases to experience major backlogs in processing for the Courts. Matters that normally take two to three days to intake and process will now take weeks. Also, what about the mandate for Clerks to expedite foreclosure cases? Here, too, we will be backlogged even further. Thus, you, too, will be impacted by this decision. Remember these cuts when you are forced to wait in long lines for service from our office. We may even have to reduce our hours of operation. The timing couldn’t be worse on so many fronts. We are now in the process of implementing a new electronic case management system for our Courts, including efiling, to make it easier for you to perform your duties. With our people already performing their daily duties as well as testing the new system, customer service will suffer inevitably. The Clerks in Florida are in the process of deciding the best way to make our voices heard as one, to have the most impact. I hope that you will support us—as we seek funding to support YOU and our other customers in the services we provide to our judicial system. Together, we will be stronger— and hopefully, we will be heard.

MAY 2012 | HCBA LAWYER 13 professional development Robert Shimberg, Hill Ward Henderson

Marketing Your Legal Services Challenging in a Economy

Marketing legal services Cross-marketing in your own perform work, you then in current economic times need to determine if their can be a bit of a challenge firm can be a cost-effective skill set is a match for any to say the least. Sometimes of your clients and if your it seems like a prospective way to bring in more business skill set is in turn a match client is only interested in from existing clients or have for theirs. It is a no-brainer which lawyer will handle to make the match if your the matter at the most your existing clients refer client calls and asks if reasonable price, as you can refer him to an opposed to focusing on additional legal work to you. employment lawyer and the lawyer’s experience you have one in the office and specialization. Is there right next to you. The anything you can do to market your firm beyond challenge arises if there is a potential match and working to overcome a possible objection to fees? the client has not made a specific request for legal One approach is to market your services to the services. One method to approach this challenge people who know your legal abilities the best and is to take the time to learn more about your clients’ who have a vested interest in you bringing in businesses and, at the same time, provide them good-paying work. Drum roll please...it’s your law with more information about your firm. As your partners. Cross-marketing in your own firm can be clients learn more about your firm, they may self- a cost-effective way to bring in more business from identify opportunities for work with your firm and existing clients or have your existing clients refer later refer businesses in their network to your firm. additional legal work to you. As your partners get to know your practice better Before you can expect to get work from your and vice versa, everyone will have the opportunity partners’ clients or vice-versa, you need to make to more thoroughly market the firm and explore sure that each lawyer in the firm has a good opportunities that may not have been utilized understanding of the work the other lawyers in the in the past. As the firm engages in this type of firm do best and their representative clients. While internal marketing, it also may be a good time you may be able to do this by reading their bio, to ensure that your external marketing (social another approach is to have internal meetings so media outlets (Facebook, LinkedIn), website, etc.) that each lawyer can take a few minutes to discuss includes up-to-date and consistent information. what they do and who their clients are. Once you Do not let the economy discourage you from completely understand what type of legal matters creative and cost-efficient marketing at your your partners handle and the clients for whom they law firm.

Looking for a neutral location for an arbitration? Take advantage of discount pricing for members. For additional information, call 813-221-7777 or email [email protected]

14 MAY 2012 | HCBA LAWYER MAY 2012 | HCBA LAWYER 15 16 MAY 2012 | HCBA LAWYER CONSIDERING CROSS-APPEALS Appellate Practice Section Chairs: Marie A. Borland, Hill Ward Henderson, and Kristin A. Norse, Kynes, Markman & Felman, P.A.

if the appellee jurisdiction, can demonstrate but thereafter good cause for dismissed the the delay and it case for lack of will not result subject matter in prejudice to jurisdiction. the appellant. The plaintiffs Id. at 238. appealed the A “cross- final order of appeal is dismissal based appropriate on subject matter f an appellee is victorious if it seeks to jurisdiction. in the trial court and review an order The defendants subsequently finds himself or judgment that cross-appealed I defending a favorable is merged into A cross-appeal the trial court’s judgment in the appellate court, or is an inherent may insure that denial of their should the appellee file a notice part of the order dismissal on of cross-appeal? or judgment errors against the personal A cross-appeal is not necessary properly under appellee’s interest are jurisdiction if the appellee only seeks to defend review by the grounds. While the final judgment. However, if main appeal.” See properly reviewed. the final order the appellee wishes to enlarge Florida Windstorm of dismissal his rights, a cross-appeal should Underwriting v. was favorable to be filed. Even if the judgment is Gajwani, 934 So. the defendants, favorable to the appellee, a cross- 2d 501 (Fla. 3d DCA 2005). Further, the cross-appeal insured that appeal should be considered if a notice of cross-appeal “must the defendants could still obtain there is some chance an appellate identify with particularity the dismissal based on lack of personal court’s reversal or modification of exact adverse trial court order or jurisdiction if the order of dismissal the trial court’s judgment could ruling which the appellee claims based on lack of subject matter result in an adverse outcome for is error.” See Breakstone v. Baron’s jurisdiction was reversed. the appellee in later litigation. of Surfside, Inc., 528 So.2d 437 In short, upon receiving an An appellee must serve a notice (Fla. 3d DCA 1988). appellant’s notice of appeal, an of cross-appeal within 10 days of The benefits of filing a cross- appellee should consider filing a the appellant’s notice of appeal. appeal are aptly demonstrated in cross-appeal as an opportunity to See Florida Rules of Appellate Allen v. TIC Participations Trust, correct adverse trial court rulings Procedure 9.110(g). However, 722 So. 2d 260 (Fla. 4th DCA 1998), in anticipation the time limit of 9.110(g) is not where the appellee was able to of subsequent jurisdictional. See Florida Fish cross-appeal an order denying its litigation. & Wildlife Conservation Comm’n motion to dismiss that was filed v. McGill, 823 So. 2d 236 (Fla. 1st early in the litigation process. Author: Caroline DCA 2002). Therefore, an appellee In Allen, the trial court initially Johnson Levine, may seek leave of the court to file denied the defendants’ motion Office of the an untimely notice of cross-appeal to dismiss for lack of personal Attorney General

YLD STATE COURT TRIAL June 15, 2012, 1:00–5:00 p.m. - George E. Edgecomb Courthouse RSVP online www.hillsbar.com, by phone 813-221-7777, or email [email protected]

MAY 2012 | HCBA LAWYER 17 IS NOTICING A CRACK REALLY “NOTICE”? Construction Law Section Chairs: Timothy C. Ford, Hill Ward Henderson, and Jason J. Quintero, Carlton Fields, P.A.

exist at the first determination instance of of notice is leaking pipes, usually an where the objective question problem was reserved for the initially attributed finder of fact. to a variety of However, these individual cases raise the problems, rather question: when than corrosive is a defect big soil conditions.2 enough to provide magine a homeowner Similarly, in definitive notice repairs a small crack in Performing Arts as a matter of the wall, only to find more Ctr. Auth. v. Clark law? When is a I minor cracks months later, Construction hidden pipe leak gradually increasing in size, Group, after Does a series of or hairline crack minor cracks sufficient notice? eventually revealing the truth: initially minor cracks a significant foundation problem. were identified Any clear answer In the ensuing construction in stucco, the infer notice as a has thus far defect litigation, the court must building manager matter of law? slipped through determine if the first crack put contacted the the cracks. the homeowner on sufficient subcontractor, notice the statute of limitations who claimed the 1 435 So.2d was running. cracks were the 804 (Fla. 1983). For certain types of defects, result of natural settlement.3 When 2 461 So.2d 239, 244 (Fla. 1st DCA such as a leaky roof, Florida later extensive cracking was 1984), review denied, 472 So.2d 1180 courts generally hold that notice discovered, the court concluded (Fla. 1985) (defects initially attributed occurs at the first sign of a defect. that notice “as a matter of law to causes other than systemic defect This makes sense because, as may not be inferred,” and the precluded notice as a matter of law, the court noted in Kelly v. School question was instead “an objective finding a genuine issue regarding Board of Seminole County, “when question of whether whether the plaintiff had discovered, newly finished roofs leak it is not the facts and circumstances were or by diligence should have discovered only apparent, but obvious, that sufficient to put [owner] on notice the alleged defects). someone is at fault.”1 that a cause of action existed.” 3 Performing Arts Ctr. Auth. v. Other construction defects, Snyder v. Wernecke provides Clark Constr. Group, Inc., 789 So. however, are not always as further guidance, where the court 2d 392, 394 (Fla. 4th DCA 2001) clear as water dripping from the was again presented with a series (reversing summary judgment ceiling into a bucket on the floor. of small cracks, slowly spreading entered on the basis of the statute In these situations, where the into large cracks over a seven of limitations because notice as a problem’s manifestation could year period.4 The court found that matter of law may not be inferred be attributable to causes other plaintiffs were on notice once large where manifestation may be from than an actionable defect, courts cracks appeared, but declined to causes other than actionable defect). have held that defects initially find notice from the time when 4 Snyder v. attributed to other causes may only small cracks were present. Wernecke, 813 So.2d preclude notice as a matter of Flowing together, these cases 213, 217 (Fla. 4th law. The fountainhead of this suggest that a series of initially DCA 2002). stream of cases, Board of Trustees minor cracks, growing larger of Santa Fe Community College over time, may prohibit the court Author: Katherine v. Caudill Rowlett Scott, Inc., from inferring notice at the time L. Heckert, Esq., concluded that notice did not of first discovery. Instead, the Carlton Fields, P.A.

18 MAY 2012 | HCBA LAWYER MAY 2012 | HCBA LAWYER 19 THE LEGAL TEAM - COLLABORATION ON EMPLOYMENT ISSUES Corporate Counsel Section Chairs: Nicole Strothman, Ideal Image Development Corporation, and Trisha D. Aylor, World Triathlon Corporation

regulations and This national either improperly exposure also deny employees allows you their leave to learn the or otherwise nuances of interfere with law in states such employees’ in which your leave rights. business may The Americans operate but with Disabilities where your Act is another legal ew practice areas are area of increasing experience as time consuming and liability for doesn’t daunting to in-house employers. extend. F attorneys as employment With the Few practice areas Finally, using law. The overlap of federal and relatively recent the same state law, coupled with the amendments to are as time consuming employment administrative law challenges that the Act, many and daunting to in-house counsel on permeate employment law, require more employees a nationwide expert knowledge. A proactive will qualify as attorneys as employment basis allows approach to dealing with these “disabled” and law. The overlap of in-house issues can enhance a company’s therefore have attorneys to culture and productivity and the right to federal and state law, save countless mitigate the risk of future issues. A protection coupled with the hours teaching close relationship with an industry under the Act. administrative law outside leader can provide knowledge, Employers must counsel about relief, and confidence to in-house be mindful of the challenges that the company, counsel and company managers. responsibilities permeate employment its business First among the areas where to accommodate practices, and employers appear to be currently these employees’ law, require expert its decision incurring the most liability disabilities in knowledge. makers. is violations of the Fair Labor order to avoid As an in- Standards Act. Many employers liability. house attorney, have either misclassified From the in- there are employees as exempt or have house counsel’s perspective, enough things to worry about, and poorly kept track of employee having a good working relationship managing your employment issues hours. Other employers have with a law firm with national needn’t be any begun to hire large amounts knowledge, national relationships, more difficult than of independent contractors as and national resources is it has to be. It can opposed to employees. However, empowering. In this administrative be made far easier many of these employers have law heavy practice area, by building a treated these independent relationships with investigators strong working contractors as employees, thereby are invaluable. Knowing that relationship with an incurring liability. your employment counsel has expert in the field. The Family and Medical Leave these local relationships no Act is another employment statute matter where you may face an Authors: which has caused great liability issue allows you to make the Cal Everett, for employers. Being a regulatory same proactive employment Ideal Image and intensive statute, many employers decisions across your organization Ignacio Garcia, do not properly adhere to such without the fear of the unknown. Ogletree Deakins

20 MAY 2012 | HCBA LAWYER Hillsborough County Bar Association 100 Club Law firms with 100% membership in the HCBA 12th Judicial Circuit Fisher Law Group Martinez, Odom Law Group 13th Judicial Circuit Court Florida Default Law Group, P.L. Mary Beth Corn, P.A. 13th Judicial Circuit Court Plant City Fowler White Boggs P.A. Mason Black & Caballero P.A. 2nd District Court of Appeal Lakeland Fuentes & Kreischer, P.A. McCumber, Daniels, Buntz, Hartig & Puig, P.A. Addison & Howard, P.A. Fuller Holsonback & Malloy, P.A. Michael P. Maddux, P.A. Allen Dell, P.A. Gallagher Keenan, P.A. Mike Murburg, P.A. Alley Clark Greiwe Gardner Brewer Martinez Monfort, P.A. Mills Paskert Divers Almerico & Mooney Gatlin & Birch, P.A. Morgenstern & Herd, P.A. Alvarez Garcia Gaylord Merlin Ludovici Diaz & Bain Older, Lundy & Weisman, Attorneys at Law Ansa Assuncao, LLP Genders-Alvarez-Diecidue, P.A. Phillip A. Baumann, P.A. Anthony & Partners, LLC George & Titus, P.A. Pitisci, Dowell, Markowitz & Murphy Anthony J. LaSpada P.A. Gibbons, Tucker, Miller, Whatley, & Stein, P.A. ReliaQuest Legal Services Austin, Roe & Patsko, P.A. Givens Law Group Resnick & Serrano, P.A. Baccarella & Baccarella, P.A. Glenn Rasmussen Fogarty & Hooker, P.A. Richard W. Driscoll, P.A. Baird Law Group Guemmer & Ritt Rieth & Ritchie, P.A. BajoCuva Gunn Law Group Robert E. Morris, P.A. Banker Lopez Gassler, P.A. Hancock & Hancock, P.A. Rumberger, Kirk & Caldwell, P.A. Barker, Rodems & Cook, P.A. Harmon, Woods, Parker, Hendricks & Abrunzo, P.A. Saady & Saxe, P.A. Barnett, Bolt, Kirkwood, Long and McBride, P.A. Harris and Hunt, P.A. Scarritt Law Group, P.A. Bavol Judge, P.A. Hillsborough County Sheriff’s Office Schiff Law Group Bay Area Legal Services Plant City Hill Ward Henderson Schropp Law Firm Bay Area Legal Services Wimauma Himes & Hearn, P.A. Sessions Fishman Nathan & Israel, LLP Beltz and Ruth Hines Norman Hines, P.L. Shook, Hardy & Bacon, LLP Bivins & Hemenway, P.A. Holcomb & Mayts, P.L. Sisco Law Boire & DePippo, P.L. Hunter Law Group Sparkman & Sparkman, P.A. Bradford & Bradford James, Hoyer, Newcomer & Smiljanich, P.A. Spector Gadon & Rosen Brannock & Humphries, P.A. Jayne M. Lambert P.A. Stanton Cronin Law Group, PL Brennan, Holden & Kavouklis, P.A. Jayson, Farthing, Skafidas & Wright, P.A. Stetson University College of Law Attorneys at Law Jeanne T. Tate, P.A. Stichter, Riedel, Blain & Prosser, P.A. Broad and Cassel Johnson, Pope, Bokor, Ruppel & Burns, LLP Stone & Walder, P.L. Buell & Elligett, P.A. Jorgensen & Ozyjowski, P.A. Straley & Robin Busciglio & Sheridan Law Group PA Joryn Jenkins & Associates Sykes Enterprises, Inc. Bush Ross Jung & Sisco, P.A. Tampa Law Advocates, P.A. Butler Pappas Weihmuller Katz Craig, LLP Kadyk Delesie & Espat P.A. Cap Trust Terrana Perez & Salgado, P.A. Caglianone, Miller & Anthony, P.A. Keith P. Ligori, P.A. The Bowes Law Group Carey, O’Malley, Whitaker & Mueller, P.A. Keys & Coakley, P.L. The Criminal Defense Group, P.A. Carlton Fields, P.A. Knopik Deskins Law Group The Davis Law Group, P.A. Carman & Corn, P.A. Kunkel, Miller & Hament, P.A. The Diecidue Law Firm, P.A. Caveda Law Firm, P.A. Kynes, Markman & Felman, P.A. The Fernandez Firm Cedola and Vincent P.L. Lauro Law Firm The Foster Law Group, P.A. Cheeseman & Phillips, P.A. Law Office of Donald P. Decort, P.A. The Plante Law Group, PLC Christopher N. Ligori, P.A. Law Office of Kevin M. Gilhool The Thorpe Law Firm, P.A. City of Tampa Law Office of Patricia Gomez, P.A. The Yerrid Law Firm Clark & Martino, P.A. Law Office of Robert M. Geller Thomas & LoCicero Clerk of the Circuit Court’s Office Law Offices of Butler & Boyd, P.A. Thompson & Brooks Cody Fowler Davis Trial Attorneys, P.A Law Offices of Darrin T. Mish, P.A. Thompson, Sizemore, Gonzalez & Hearing, P.A. Cordell & Cordell, P.C. Law Offices of Emma Hemness, P.A. Thorn Whittington, LLP County Attorney’s Office Law Offices of Jacob I. Reiber Thorn | Lawrence, P.L. Cristal Law Group Law Offices of Matthew J. Jowanna, P.A. Timothy G. Anderson, P.A Cruser Mitchell Nicholas & Bell, LLP Leon & Berg, P.A. Tison Law Group Danahy & Murray, P.A. Levine, Hirsch, Segall, Mackenzie & Trentalange & Kelley, P.A. Davidson McWhirter, P.A. Friedsam, P.A. Trombley & Hanes, P.A. de la Parte & Gilbert, P.A. Lopez, Kelly & Bible, P.A. U.S. District Court Dennen, Ragano, PPLC Luks, Santaniello, Perez, Petrillo & Gold United States Bankruptcy Court Dennis LeVine & Associates, P.A. Lynette Silon-Laguna, P.A. Wagner, Vaughan & McLaughlin District Court of Appeal Mac A. Greco, Jr., P.A. Walters Levine Klingensmith & Thomison, P.A. Donica Law Firm, P.A. Manson Law Group, P.A. Walton Lantaff Schroeder & Carson LLP Dorman & Gutman, P.L. Mark Bentley, P.A. Weekley | Schulte | Valdes, L.L.C. Escobar, Ramirez and Associates Marlowe McNabb, P.A. Wenzel, Fenton, Cabassa, P.A. Fernandez & Hernandez, LLC Whitney Bardi Mediation Group, Inc. Fiol & Gomez, P.A. Wilson Law Group, P.A. Fisher and Frommer Williams Schifino Mangione & Steady P.A.

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MAY 2012 | HCBA LAWYER 21 FATHER-SON TAMPA FIREFIGHTERS AFFIRM VALUES OF FATHERS DAY Diversity Committee Chairs: Victoria N. McCloskey, Ogden & Sullivan, P.A., and Luis E. Viera, Ogden & Sullivan, P.A.

Local 754, and son. Jace, like one of Mayor many fathers, Bob Buckhorn’s was at one time earliest high a single father. profile supporters When Matthew in his 2011 was four years Mayoral race. old, Jace and However, the Matthew’s lives of both mother divorced. Jace and his With the son Matthew determination here is no greater joy for are worth our of a survivor a father than to see his attention on and his Catholic children step into their this Father’s faith, Jace T own shoes. For Tampa Day 2012. rebuilt his life firefighter Jace Kohan, this is a What makes …the lives of both Jace on the rock daily joy as he works alongside Jace and and his son Matthew are and promise his fellow firefighter and only son, Matthew’s tale of Matthew. Matthew. Many of us are privileged unique is how worth our attention on Though, as a to know Jace Kohan as a proud hard the journey this Father’s Day 2012. firefighter and union man, to today was for Continued on Treasurer of Tampa Fire Fighters this father and page 23

22 MAY 2012 | HCBA LAWYER FATHER-SON TAMPA FIREFIGHTERS AFFIRM VALUES OF FATHERS DAY Diversity Committee

Continued from page 22 silent nobility and unique example that Jace gave boy brought up with to Matthew each day. the values of faith and On Father’s Day, we family, Jace never celebrate the great men imagined he would be of our lives who were divorced, he persevered present at our creation, and applied those values guided us as insecure to his newest chapter of young adults, and bore his life. witness to sons and Jace believed that God daughters becoming men had a plan for him. Over and women. Jace knew time, that plan would that all God ever asked include a wife, daughter of him as a father was to and grandchildren, but be the man Matthew for young Jace, that plan deserved. Now, 20 years seemed distant. As the later, Jace and Matthew years progressed— from labor together as two Matthew’s years as a of Tampa’s finest young boy, to his teenage firefighters, making us years, to his first day at all proud. The shoes the Firefighter Academy, Matthew has stepped to Matthew’s wedding, into are the very shoes— to the birth of Matthew’s complete with the same child—Jace and Like father, like son—The Kohan Boys fighting and heroic spirit Matthew developed both on the job and in an unrelenting bond. despite difficulties that may have surrounded his family life—that his Society often expects their time with their mom, will be there for them father Jace created for little of single fathers, in a way that only a father can be. Values of him. Nothing better save for a weekend empathy, tolerance and courage are passed on explains the joy of being or two a month, and from father to child, generation after generation, a father and a good man financial support. through paternal examples of humility, hard work at the same time. However, basic morality and unconditional support. Nothing can replace dictates that children the active guidance, silent nobility and unique Author: Luis Viera, need someone who, example of a good father. It was that guidance, Ogden & Sullivan, P.A.

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MAY 2012 | HCBA LAWYER 23 HIPAA 5010: WHAT YOU NEED TO KNOW FOR YOUR HEALTHCARE CLIENTS Health Care Law Section Chairs: Jessica Cohen, Physicians Independent Management Services, Inc., and Scott A. Richards, Fowler White Boggs

health plans). not already done According to so. Encourage CMS, the change them to contact was necessary their vendors, for purposes of particularly uniformity and clearinghouses, streamlining billing services, reimbursement and payors to transactions. discuss when Additionally, they will be able with the Proactive involvement to accept 5010 s lawyers for hospitals, upcoming with your healthcare transactions and physician practices, expansion in what format. and health plans, we of diagnosis clients will help avoid Ensure vendors A are often unfamiliar codes under the penalties as of the have installed any necessary with the intricate details of the medical coding enforcement deadline. standards for sending electronic system ICD-10, 5010 upgrades. health care transactions (patient CMS stressed the Make sure claims). There are specific items importance of internal systems which must be submitted in a this uniformity to avoid confusion. are checked and tested to generate particular order by providers In November 2011, CMS 5010 transactions, allowing for through clearinghouses to the recognized the industry was not ample time to resolve issues which health plans/payors, items which prepared and delayed enforcement may arise (and, trust me, issues have drastically changed in 2012. until March 31, 2012. Since will arise). Make sure external Many providers are struggling to November, the entire industry has systems are also checked and make sense of the change, and a struggled, resulting in delayed tested to ensure they receive number of physicians have found revenue for physician practices, transactions properly. themselves without revenue at the operational difficulties, and even Proactive involvement with your beginning of this tumultuous year the possibility of closing practices healthcare clients will help avoid for the healthcare industry. due to the complications. penalties as of the enforcement Beginning on June 30, 2012, the Recognizing these issues, on deadline—whenever CMS sets Centers for Medicare & Medicaid March 15, 2012, the Medical it in stone (as of press time, the Services (CMS) are scheduled Group Management Association deadline was set for June 30, to enforce compliance with was successful in its efforts 2012). It is more critical than Health Insurance Portability and to encourage another delay. ever for lawyers to work with Accountability Act (HIPAA) 5010. Consequently, the new deadline their healthcare clients to ensure HIPAA 5010 is a version of is June 30, 2012; if covered they are abiding by laws and electronic transaction standards entities are not compliant by that regulations set in place for the set by CMS. CMS published the date, they will face penalties. industry to lessen the impact of 5010 standards in January 2009, As counsel for clients in the threatened fee cuts to hospitals modifying the HIPAA Electronic healthcare industry, you can and providers, as well as Patient Transaction Standards Final Rule help your clients avoid delayed Protection and Affordable Care and replacing version 4010A1. payments and possible penalties. Act changes to health plans. These standards regulate the Contact your clients to ensure transmission of patient claims for they are aware of the 5010 Author: Jessica Cohen, covered entities (i.e., hospitals, deadlines and are working Physicians Independent clearinghouses, physicians, and towards compliance, if they have Management Services, Inc.

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24 MAY 2012 | HCBA LAWYER MAY 2012 | HCBA LAWYER 25 DRAFTING BOILERPLATE FOR INTELLECTUAL PROPERTY LICENSES Intellectual Property Section Chairs: Woodrow H. Pollack, GrayRobinson, P.A., and Dineen P. Wasylik, Conwell & Kirkpatrick, P.A.

transaction. list of events You may want excusing to allow for a performance future corporate in a license reorganization agreement and or sale of the ensure that business without they are not granting the overbroad. For other party example, if to the license a licensor is a consent right obligated our eyes glaze over and to such to perform you begin to lose interest reorganization or maintenance in the license agreement sale. Conversely, Boilerplate provisions and/or hosting Y you had been intently ensuring a total in IP license services, the reviewing—scribbling notes in prohibition on agreements can licensee will the margins and emphatically assignment want to exclude striking sections of text. It’s clear— may be more have significant from the force you have reached the boilerplate appropriate. If impacts on the rights majeure provision section of the license agreement! so, note that a disruptions Boilerplate to many means stock sale or, in of the parties. resulting from inconsequential or formulaic, so some instances, failures of the many incorrectly assume that a merger are not licensor’s these provisions are not worth considered an systems, with equal consideration and “assignment” and will not be the exception of general or negotiation. However, as the prohibited unless expressly widespread telecommunications examples below suggest, referring referenced in the license. or Internet failures. The force to these provisions as boilerplate Third Party Beneficiaries: majeure provision should not act undercuts the significance that The standard boilerplate provision to relieve a licensor from its service they may have in setting forth the typically states that there are no level or other requirements. rights and obligations of parties to intended third-party beneficiaries. Disclaimers of Warranties: an intellectual property license This is often appropriate; however, Both licensors and licensees should agreement. in the context of intellectual carefully consider the language in Assignment: Assignment property licenses, it may be the license disclaiming warranties. provisions in intellectual property appropriate to include certain In certain transactions where license agreements require special third party beneficiaries expressly. Article 2 of the Uniform attention as the default rules For example, if you represent the Commercial Code applies, unless differ from the treatment of other licensor and the licensee has the expressly disclaimed, the warranty contracts. As a general rule, right to grant further sublicenses, of non-infringement is implied. intellectual property licenses may it may be helpful to include your This can have disastrous and not be assigned by the licensee client as an intended third party unintended results for a licensor, unless expressly provided for in beneficiary in each sublicense. including liability for consequential the license. It is important to Force Majeure: We are all damages and consider the possible impact of familiar with the force majeure attorneys’ fees. corporate transactions on the provision of a contract. It typically license agreement. This may references “acts of God” and other be particularly important when events that may excuse a party’s Author: representing a start-up or other performance under a contract. Rachel Marks smaller company that may be However, it is important to pay Feinman, Hill more likely to enter into such a particular attention to the laundry Ward Henderson

26 MAY 2012 | HCBA LAWYER MAY 2012 | HCBA LAWYER 27 feature International Women’s Day Symposium

International Women’s Day is a global event designated by the International Women’s Day is a United Nations in celebration of the economic, political, order to celebrate the economic, political, and and social achievements of women. social achievements of women. In honor of this annual event, The Florida Bar The Honorable Emiliano “E.J.” Salcines was the provided a “Diversity Leadership” grant keynote speaker. He provided a historical perspective to the Hillsborough Association for Women of Tampa and its embrace of all minority legal Lawyers (HAWL) for the purpose of presenting a practitioners. As the elected State Attorney, Judge CLE lecture on the “History of Women Pioneers Salcines hired 29 women and inspired 11 of them in the Local Legal Community.” This educational to join the judiciary. effort was spearheaded by HAWL Diversity Marsha Rydberg, the first female president of Committee co-chairs Cynthia Oster of the Office the Hillsborough County Bar Association, and Clara of the County Attorney and Jennifer Gabbard of Rokusek, President of the Tampa Bay Hispanic Bar the Office of the State Attorney. Association, presented the Trailblazer Award to 117 lawyers attended this event, including Marie Garcia Garrett for her contributions to the women who have shaped the direction of the legal community. Mrs. Garrett’s parents emigrated local legal community: Carolyn House Stewart, from Spain and Cuba and settled in the cultural the first female African-American Assistant jewel of Tampa, Ybor City. She entered law school State Attorney; Julianne Holt, the first female at the University of Florida in 1946 with two other Public Defender; and Kay McGucken, the first President of HAWL. Continued on page 29

28 MAY 2012 | HCBA LAWYER Panelists from left to right: Judge Vivian Corvo, Judge Christine Vogel, Judge Susan Bucklew, Florida Bar President-Elect Gwynne Young, and Judge Claudia Rickert Isom as the moderator.

Continued from page 28 had received her first offer of employment as an Assistant State Attorney while she was six months female students, in a class of 300, and returned to pregnant. Many inspiring stories were shared by the pursue her legal career as the second Hispanic panelists, including how Judge Bucklew began her female attorney to practice in Tampa. career as a teacher at Plant High School and taught Judge Claudia Rickert Isom moderated a young women who would eventually follow her into discussion panel, which included Florida Bar legal careers. Some of Judge Bucklew’s former President-Elect Gwynne Young of Carlton Fields; students include Judge Catherine Peek McEwen, United States District Court Judge Susan Bucklew Judge Emily Peacock, and Judge Katherine Essrig. (first female judge in Hillsborough County); Judge At the close of the presentation, Gwynne Young Vivian Corvo (first female Hispanic Judge in encouraged the audience members to pursue their Hillsborough County); and Judge Christine Vogel. many aspirations by stating, “You have more control Importantly, the panelists felt that their gender over your career than you think you did not result in any disparate treatment by other do. Put yourself out there and put practitioners in the legal community. In fact, yourself forward and with hard work, Gwynne Young pointed out that she had been you will move forward.” recruited by Carlton Fields to be its first female trial attorney based upon her reputation in the Author: courtroom as an Assistant State Attorney. Judge Caroline Johnson Levine, Vogel provided an additional narrative of how she Office of the Attorney General

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MAY 2012 | HCBA LAWYER 29 30 MAY 2012 | HCBA LAWYER MAY 2012 | HCBA LAWYER 31 feature The Thirteenth Judicial Circuit 2012 ProB ono Service Award Wi nners

On April 26, 2012, two law firms and three attorneys were honored at the fifth annual Pro Bono Service Awards Ceremony. Award nominations were submitted to the Thirteenth Judicial Circuit Pro Bono Committee, chaired by Circuit Judge Ashley B. Moody. The Awards Ceremony and Reception were hosted by the Thirteenth Jeanne T. Tate Judicial Circuit Pro Bono Committee, the Bay Area Legal Services Volunteer Lawyers Program (BAVLP), and the Hillsborough County Bar Association (HCBA).

HILLSBOROUGH COUNTY BAR ASSOCIATION’S JIMMY KYNES PRO BONO SERVICE AWARD Jeanne T. Tate is the managing partner of the Law Office of Jeanne T. Tate, P.A. and is an Adjunct Professor at the University of Florida College of Law. She is a board certified adoption attorney and AV rated by Martindale Hubbell. She graduated with high honors from the University of Florida, and with honors from the University of Florida College of Law. Jillian Estes For 30 years, Ms. Tate has donated a substantial portion of her time to providing free legal services to low income people. She is actively involved with Bay Area Legal Services (BALS), contributing several hundred hours serving as a volunteer attorney, as a mentor to other pro bono attorneys, and as a resource to countless BALS attorneys and staff. Ms. Tate has offered to handle every adoption-related case presented to BALS and encourages the other lawyers in her firm to handle pro bono matters as well. Ms. Tate cites helping abused, neglected, and abandoned children (many with special needs) in the custody of the state of Florida as one of her most gratifying

Olin G. Shivers Continued on page 33

32 MAY 2012 | HCBA LAWYER The impact of Jeanne Tate’s pro bono service to poor children and families in Florida is immeasurable, but what is certain is that hundreds of children would not be in permanent placements today without her assistance.

Continued from page 32 accomplishments. She and other members of her firm donated legal services to the state and its local provider, Hillsborough Kids, Inc., to obtain adoptions for these children. Ms. Tate has also volunteered her time to facilitate permanent placements for foster James M. Barton, II care children. She founded the non- profit Heart of Adoptions, Inc. to help reduce or eliminate adoption-related costs for prospective parents with limited financial resources. She serves on the board of Gift of Adoption, a non-profit that helps low income families obtain the legal and social services necessary to complete their adoptions. The impact of Jeanne Tate’s pro bono service to poor children and families in Florida is immeasurable, but what is certain is that hundreds of children would not be in permanent placements today without her assistance.

OUTSTANDING PRO BONO SERVICE BY A LAW FIRM “Stan” Musial, Jr. Clark & Washington, P.C., a consumer bankruptcy firm based in Atlanta, has six local offices. Clark & Washington is proud of its firm-wide commitment to providing pro bono representation. In 2011, the firm’s Tampa attorneys handled 60 pro bono cases referred by the BAVLP and others, donating a total of 300 hours. In 2009, the firm offered to accept all pro bono cases referred to it from BAVLP and the Tampa Bay Hispanic Bar Association, a kind act which significantly reduced the backlog of bankruptcy cases awaiting placement. Over 40 cases have been referred to the firm, with at least 22 of them placed in 2011. Continued on page 34 Rosemary Armstrong

MAY 2012 | HCBA LAWYER 33 Continued from page 33 Referral Panel, Intake Clinic, and Mentor Panel; resulting in the donation of over 547 pro bono A case of note that the firm handled recently hours. Firm attorneys also responded to a request involved a judgment for $25,000 obtained by an from BALS for bankruptcy training. Don and Scott insurance company against a BALS client. An Stichter, Susan Sharpe and Amy Harris provided unemployed mother, she received a letter stating in-house training on “Bankruptcy and Family Law.” that her driver’s license would be suspended due The firm will make additional presentations in 2012. to the judgment related to an auto accident. She In 2011, when BALS was faced with funding cuts had not been served, and therefore had neither necessitating moving its Children’s Legal Services notice of the lawsuit nor the ability to assert a (CLS) team from downtown Tampa to its main office, defense. The firm represented the client in a Chapter Stichter Riedel made a generous offer to donate part 7 bankruptcy and obtained a discharge of the debt. of its downtown office space to the CLS team. Stichter, Riedel, Blain & Prosser, P.A., the successor to Stichter, Hoyt, Riedel & Fogarty, was OUTSTANDING PRO BONO SERVICE founded in 1974 as a full service law firm. It began BY A YOUNG LAWYER specializing in bankruptcy and insolvency matters Jillian Estes is an attorney with James, in 1979 and now has 16 lawyers. They include Don Hoyer, Newcomer & Smiljanich, P.A., where she Stichter and Harley Riedel, two of the original represents whistleblowers in federal and state lawyers, and two second generation lawyers, Scott False Claims Act cases. She graduated summa Stichter and Dan Fogarty. Pro bono service hours for cum laude from the University of Florida and cum firm members were recorded by the BAVLP as early laude from the University of Florida College of as 1988. Scott Stichter was the recipient of the Law. Before law school, Ms. Estes worked in the HCBA’s 2005 Jimmy Kynes Pro Bono Award and International Division of the National Center for the Florida Bar’s 2009 Pro Bono Service Award. Missing and Exploited Children where she In 2011, 100% of the firm’s attorneys participated in pro bono projects, including the BAVLP Case Continued on page 35

34 MAY 2012 | HCBA LAWYER Continued from page 34 Mr. Shivers received both his law degree and his bachelor’s degree from Vanderbilt University. developed a passion for helping families in crisis. He also received an L.L.M. in taxation from New That experience drives her commitment to York University. providing pro bono services to families. In 2006, Mr. Shivers was asked to lead the In the last three years, Ms. Estes has contributed pro bono efforts of the Tampa office of his firm. over 200 pro bono hours, with close to 107 hours Under his leadership, the office evolved from only performed in 2011. In a recent Hague Convention a few attorneys contributing pro bono hours to case, Ms. Estes worked successfully to assist a 100% participation by its 31 attorneys, resulting father in Denmark seeking the return of his eight- in their donation of over 7,400 pro bono hours year-old daughter. The child spent a summer in over the past thee years. Individually, Mr. Shivers the U.S. with her mother, but when the visit ended, has donated more than 320 pro bono hours since the mother refused to return her to Denmark. Ms. 2008 on 23 cases assigned to him by the BAVLP, Estes represented the father through a contentious and more hours on other pro bono matters. In process of negotiation, mediation, and litigation 2011, he donated over 78 hours on pro bono cases that resulted in the child’s return. and 140 hours administering his office’s program. Among the other pro bono matters handled He also encourages his attorneys to participate by Ms. Estes is representation of a family facing in other pro bono projects through the BAVLP foreclosure on its home. Litigation in this case and various organizations. Charities helped by has been ongoing for over three years. Mr. Shivers’ efforts include those that serve the homeless, migrant farm workers, disabled OUTSTANDING PRO BONO SERVICE individuals, and community development and BY A LAWYER faith-based organizations. Olin G. Shivers is a partner in the Tampa office of Foley & Lardner LLP and a member of the firm’s Taxation and Estates & Trusts Practices. Continued on page 36

MAY 2012 | HCBA LAWYER 35 Continued from page 35 PRO BONO SERVICE OF 95 HOURS OR MORE: THE 2012 TOBIAS SIMON PRO BONO SERVICE AWARD AND THE FLORIDA BAR PRO BONO SERVICE AWARDS STEPHANIE ADAMS ADAM ALAEE Each year, the Supreme Court of Florida and the Florida Bar ROSEMARY E. ARMSTRONG recognize attorneys, judges, law firms and professional groups MICHAEL BACHMAN that have provided outstanding pro bono service. On January MICHAEL A. BEDKE 26, 2012, the following were honored in Tallahassee: CHRIS BRANTON Hillsborough County Circuit Court Judge James M. PATRICK CHIDNESE MARINA CHOUNDAS Barton, II was presented the statewide Distinguished ANGELA J. CRAWFORD Judicial Service Award for his contribution of more than CHRISTOPHER DECORT 1,000 hours to pro bono efforts since joining the bench in 1991. JILLIAN ESTES Judge Barton chaired the Thirteenth Judicial Circuit Pro Bono CHRISTOPHER GRIFFIN Committee from 1993-2010. He is past chair and a current WILLIAM HAMILTON member of The Florida Bar’s Standing Committee on Pro Bono JENNIFER HAYES CASSIDY E. JONES Legal Service. In 2010, he helped launch The Florida Bar ONE JODY KEELING Campaign to increase pro bono participation. Judge Barton ALLISON L. KIRKWOOD won the HCBA Jimmy Kynes Pro Bono Service Award in 1993 CARLA VICTORIA KNIGHT and again in 2011. MICHAEL MAGUIRE Adrian J. “Stan” Musial, Jr. received the Florida Bar JAMES MANZI JUSTIN MOORE President’s Award for the Thirteenth Judicial Circuit for TRUMON PHILLIPS his countless hours of pro bono service at the St. Paul Catholic MARK RANKIN Church Consultation and Referral Clinic which he created in OLIN SHIVERS 1992 and staffs on Mondays. As a member of the BAVLP, Musial MICHAEL SILVER has provided more than 200 hours as a mentor and volunteer MURRAY SILVERSTEIN LONNIE SIMPSON attorney. Mr. Musial has participated in the HCBA’s Ask a CHRISTOPHER SMART Lawyer Campaign and has served as a member of the DEBRA SMIETANSKI Thirteenth Judicial Circuit Pro Bono Committee. JULIE SNEED Rosemary E. Armstrong was presented The Tobias Simon DON M. STICHTER Pro Bono Service Award by the Florida Supreme Court. Ms. CHRISTINA TAYLOR ADAM R. TEICHLER Armstrong received the court’s highest public service award for LAUREN VALIENTE her 25 years of pro bono service. BRIAN WANEK LAURA E. WARD Author: Rosemary E. Armstrong, Rosemary E. Armstrong RACHEL M. ZYSK Attorney at Law Continued on page 37

36 MAY 2012 | HCBA LAWYER Continued from page 36

PRO BONO SERVICE OF 20-94 HOURS:

BENNETT ACUFF JOHN INGLIS TIFFANY C. RAUSH D. CHRISTOPHER ALFONSO RONNIE JAMES RANDALL O. REDER ERIC ALMON YOLANDA F. JAMESON RYAN REINERT ACQUELINE R. AMBROSE VASHTI JATTANSINGH GREGORY RICHARDS MICHAEL D. ANNIS STEPHANIE L. KANE HARLEY RIEDEL MICHAEL H. ASHY CRISTIN C. KEANE ANTHONY M. RODRIGUEZ GEORGE BAISE ELENA P. KETCHUM CLARA ROKUSEK TREY BALDY BRAD KIMBRO CRAIG ROTHBURD BERNARD BARTON DAVID T. KNIGHT LAWRENCE SAMAHA RICHARD BECKER DOUGLAS KNOX AMANDA A. SANSONE DAVID BEYER GARY D. KOCH GARY L. SASSO CAROLINE BLACK DOMINIC KOUFFMAN LINDSAY SAXE CHRISTINA BLACKBURN NATHANIEL M. LACKTMAN LESLIE SCHULTZ-KIN DANA R. BLUNT SARAH LAHLOU-AMINE ADAM P. SCHWARTZ MARLA BOHLANDER JOSEPH H. LANG JR. WILLIAM SCHWARZ ANITA BRANNON PAUL LAWLER ROGER D. SCHWENKE MARK BROWN RUTH LEE SUSAN H. SHARP CHRISTOPHER BURTON JACK LEVINE KEVIN M. SHULER O. KIM BYRD THOMAS M. LITTLE ALBERT P. SILVA EDWARD CAMPBELL WALTER C. LITTLE DAVID SINGER GAYLE CARLSON JASON LIU AMY SINGER WILLIAM CASSIDY MARCELA LOZANO PATRICK SKELTON LAUREN E. CATOE KATE LUCENTE LARRY SMITH BLAIR CHAN CHERYL LUCENTE JAN SOETEN ROBERT COCHRAN ELLEN LYONS NICOLE F. SOTO TIERNAN COLE STEPHANIE MARTIN BRIAN SPARKS LEWIS J. CONWELL MARK MASSEY RUSTY SPOOR JOHN CRABTREE MICHAEL P. MATTHEWS SCOTT STICHTER STEPHEN A. CRANE MARGARET MATTHEWS STEPHEN J. SZABO JUSTIN DEES JOHN P. MCADAMS NATALIE THOMAS BILL W. DOLENCE JR. MAC MCCOY DAVID THORPE FENTRICE D. DRISKELL KEVIN P. MCCOY SCOTT TOZIAN WILLIAM DUFOE KATHLEEN S. MCLEROY BARBARA TWINE MEGAN J. ELLIS PATRICK MEEHAN RENA UPSHAW-FRAZIER BECKY FERREL-ANTON GEORGE J. MEYER JOSEPH VARNER JOANNA GARCIA DENNIS MORGENSTERN DAVID VEENSTRA JOHN GARDNER “A.J.” STAN” MUSIAL JR. SYLVIA H. WALBOT JENNIFER GARNER KEVIN J. NAPPER EDWARD M. WALLER JR. EMANUELA GENTILE DESIREE NOISETTE DINEEN WASYLIK LISA GILLELAND KELLY OVERFIELD JANELLE WEBER WILLIAM G. GILTINAN EDWARD J. PAGE RYAN W. WIERENGA ANTHONY J. GLOVER MARIA PALACIOS JAMES R. WILEY JOHN GRANDOFF G. TYLER PARRAMORE SARA WITMEYER BARBARA HART RINKY PARWANI RANDOLPH J. WOLFE MICHAEL J. HOOI EDWARD PETERSON ADAM WOODRUFF STEVEN HOVSEPIAN WILLIAM PODOLSKY BARBARA YADLEY GEORGE HOWELL BRETT PRESTON GWYNNE A. YOUNG TIMOTHY HUNT JASON J. QUINTERO MATTHEW ZIPAY THOMAS HYDE LAUREN RAINES SCOTT ILGENFRITZ TARA RAO

The HCBA salutes your pro bono service in our local community!

MAY 2012 | HCBA LAWYER 37 TRANSITIONING FROM WAR TO THE WORKPLACE Labor & Employment Section Chairs: Tammie L. Rattray, Ford & Harrison LLP, and Scott T. Silverman, Akerman Senterfitt

would have business held had they circumstances remained (such as a layoff continuously or reduction in employed, or force) that would to a position otherwise impact of equivalent the employee seniority, status, had he or she and pay. remained at work. The law With regard to also has very pension benefits, n December 15, 2011, strict anti- USERRA requires the war in Iraq officially discrimination that the period of ended. Of the more provisions. military service O than one million active USERRA prohibits USERRA requires be counted toward duty, Reservist, and National Guard discrimination eligibility, vesting, troops who served in Iraq since with respect to employers to provide and benefit 2003, most have reentered civilian “any benefit of job-protected leave. accrual purposes. life and the private sector workforce. employment,” Upon return The Uniformed Services and it extends from service, the Employment and Reemployment this protection to employer must Rights Act (USERRA), enacted any “person who is a member of, provide the employee with the in 1994, was primarily designed to applies to be a member of, performs, benefit he or she would have clarify the reemployment rights of has performed, applies to perform, enjoyed under the plan had he returning members of the National or has an obligation to perform or she remained continuously Guard, Reserves, and other service in a Uniformed Service.” employed. For 401(k) plans that Uniformed Services, but it has An employee may invoke require employee contributions also significantly expanded job USERRA rights at the beginning of to trigger an employer matching rights in the areas of anti- a leave commitment by, whenever contribution, returning veterans discrimination, benefit coverage, possible, giving advance verbal have up to three times their total and disability protection. or written notice of his or her service period (not to exceed USERRA requires employers to departure for military service. five years) upon returning to provide job-protected leave. Upon During the leave itself, employers employment to the completion of an employee’s must pay their share of health make up any military commitment, the law insurance premiums during leaves missed employee requires prompt reinstatement of 30 days or less, and provide the contributions. according to a specific notification equivalent of COBRA continuation schedule that is written into the for longer commitments. The Author: James R. law. Returning service members employee’s job itself is also Douglass, Fisher must be reemployed to the job they protected, absent extenuating & Phillips LLP

To qualify for USERRA’s employment protections, a returning employee must: 1) Have given notice to the employer that he or she left to perform military service; 2) Military service generally must not exceed five years; 3) Completed service under honorable conditions; 4) Reported back to work within appropriate time frames based on length of service.

38 MAY 2012 | HCBA LAWYER HILLSBOROUGH COUNTY BAR ASSOCIATION BENEFIT PROVIDERS Listed below are companies that have agreed to participate as a HCBA Benefit Provider. They offer all HCBA members a special discount or value added service especially for you, an HCBA member.

AFFINISCAPE - A Law Firm Merchant Account through our Investment Advisor. The firm’s mission is to simplify its clients’ benefit provider enables your practice to accept credit lives by getting their financial house in order. It offers a full cards in a professional manner and in compliance with trust range of personalized financial services, from retirement, accounting procedures. Why turn away potential clients estate and tax planning to investment management, asset simply because they can not pay a retainer in advance? protection and wealth preservation. Principal John Boyer, Go to http://hillsbar.affiniscape.com for more information. who established the firm in 1995, is a Certified Financial Planner with over 20 years of experience. Contact Sarina THE BANK OF TAMPA - With assets in excess of $1 billion, Correa at (813) 254-9500, [email protected]. The Bank of Tampa is the largest independently owned bank in Hillsborough County. More than 450 Hillsborough LNS TECHNOLOGIES is a leader in IT & Network Systems County law firms rely on The Bank of Tampa for their banking infrastructure services and solutions. Since 1994, LNS has needs because of our expertise and understanding of the consistently provided our legal clients with the latest unique needs of legal professionals. For HCBA members, The technology and support tools allowing their businesses to Bank of Tampa is offering its Minaret Diamond relationship operate efficiently. LNS Technologies’ scalable, IT solutions package for free, with no minimum average monthly and services increase productivity, reduce costs, and balance and no monthly maintenance fee. Minaret optimize asset utilization to derive maximum value from Diamond comes with an interest bearing Minaret Checking your IT investment. All HCBA members receive a FREE account, a personal checking account, free checks with computer and network system health check upon request. leather checkbook covers, and no foreign ATM fees and no Please contact Sales at (813) 221-1315, or email your surcharge fees at over 1000 Publix Presto! ATMs. In addition, request or requirement to: [email protected]. Visit our The Bank of Tampa will refund surcharge fees imposed by website at: http://www.LNStech.com. other U.S. banks of up to $25 per month. Our Minaret SALTMARSH,CLEAVELAND &GUND - Saltmarsh, Cleaveland Diamond package also comes with a free Visa® Check & Gund is now a HCBA Benefit Provider! Saltmarsh offers Card with special higher purchase and withdrawal limits, HCBA members a 10% discount off standard hourly rates on plus a Minaret Diamond Visa credit card with no annual fee all Litigation Support and Business Valuation Services. and a special low annual percentage rate (subject to Founded in 1944, Saltmarsh is a large regional full-service credit approval). Both cards are eligible for Visa Extra accounting and consulting firm, which has developed a Rewards. Minaret Diamond also comes with numerous other special niche in providing services to attorneys and law complimentary services and includes Personal Online firms. www.saltmarshcpa.com *Regulated by the State of Banking and our CheckFree Bill Pay service at Florida. Contact Lee Bell (813) 287-1111. www.bankoftampa.com, plus Mobile Banking. For more information, contact Jeff Armstrong at (813) 998-2733, call THOMPSON STUDIOS - We are proud to offer you an us at (813) 872-1200, or visit any of our nine Hillsborough excellent photography resource for all law firms and County offices. individual photos. Thompson Studios is an all-digital, world- class photography studio. In studio or on location, we will GUARDIAN LIFE INSURANCE COMPANY - The Nation’s capture all your photographic visions... and we guarantee Premier Individual Disability Income Policy for Attorneys you’ll have fun doing it. Thompson Studios will come to is now available to HCBA Members… with an exclusive your office for firm photos and headshots for your 10% permanent discount! Long recognized as the nation’s convenience. As a HCBA member, we offer you $100 off premier disability income protection plan for attorneys, your location photo session. Keep us in mind for holiday The Guardian Individual Disability plan leads the industry and special occasion photos as well. Please contact Kim with its “true own occupation” definition of disability, high at Thompson Studios at (813) 994-2000. benefit limits and other forward thinking features that will ensure your peace of mind now and as your practice TRIAL CONSULTING SERVICES, LLC (TCS) provides wide- grows. To learn more, contact Jeffrey D. Brown, Program ranging services and solutions to support every aspect of Coordinator, at the Guardian’s West Central Florida your case. Our services include exhibit boards, trial graphics, agency (813) 289-8500. animation, medical illustrations, electronic trial presentation, video depositions, DVT, mock trials, CLE seminars and more. JOHN BOYER, INC. offers HCBA members a permanent Our expert team is experienced in all practice areas of law. 15% reduction in asset management fees and will waive Visit our website at www.trialcs.com for a complete listing of the initial financial planning fee for new clients. John Boyer, services and testimonials. All HCBA members receive a 10% Inc. is an independently owned fee-based Registered discount on all trial research including mock trials.

MAY 2012 | HCBA LAWYER 39 HOW TO PREPARE FOR AND CONDUCT A SUCCESSFUL MEDIATION Marital and Family Law Section Chair: Christine L. Derr, Law Office of Christine L. Derr, P.A.

between the marital settlement parties on agreement. For the monetary example, value of certain dependency assets. If so, exemption; life prepare your insurance, “right client with of first refusal”, resolutions and how long for these will one party issues, such as give the other meeting in the party to refinance roperly preparing for middle on the the home. and conducting values of items Prepare a mediation is the best or deciding mediation P way to ensure a positive to use a joint Properly preparing statement to send overall outcome for your client. appraiser to for and conducting to the mediator or This article suggests ways for get a realistic give the mediator mediation is the you to prepare for and conduct value of real a quick phone a successful mediation. property. best way to ensure call to discuss Prior to mediation, meet with If personal a positive overall the issues and your client to prepare them. At property is an personalities of the meeting, discuss realistic issue, prepare outcome for your client. the parties. If outcomes if the case goes to trial a list of the you anticipate on each of the issues in the case. personal roadblocks to The realistic outcomes allow your property that is settlement, let client a backdrop to determine most important to your client. the mediator know those so they if the offers they are giving and Discuss possible alimony can be handled appropriately. receiving are “reasonable.” scenarios including how much At mediation, it is important Review different parenting plan your client may pay/receive and for to raise all issues that are going options, including the positives how long. Focus on realistic needs to be discussed at the beginning. and negatives of the number of and come prepared with numbers If you forget to mention an issue exchanges, time of exchanges, and that will aid in demonstrating the at the beginning, it is much harder how the proposed plan will work need. For example, obtain health to settle the case at the end, so it for the kids and the realities of life. insurance quotes if one party will may even be helpful to prepare Stay focused on the practicality of be obtaining their own health a list or an outline. the plan as opposed to the number insurance after the divorce. Finally, be creative in crafting of overnights. Run child support guidelines. a solution for each family. The Review all relevant mandatory If net income is an issue, then run parties can do things the court disclosures and prepare an the child support guidelines with could never do, so equitable distribution worksheet. different values so your client can utilize that power Make sure your client understands see the difference in the “bottom in mediation to how different values affect what line” amount of support they will settle your case. they will receive and owe and what either receive or pay. impact the numbers have on any It is easy to forget an item at Author: potential equalizing payment. Of mediation so come prepared with Seth R. Nelson, course, there may be disagreement a list of items you need in the Seth R. Nelson, P.A.

THE MARITAL AND FAMILY LAW SECTION WELCOMES NEW MEMBERS – CALL 813-221-7777.

40 MAY 2012 | HCBA LAWYER MAY 2012 | HCBA LAWYER 41 THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION ACT Mediation and Arbitration Section Chairs: Louise B. Fields, Louise B. Fields, LLC, and Gayle B. Carlson, Gayle B. Carlson, P.A.

magistrate unreasonable must be or unfairly a Florida burdens the resident and property.8 must have The special experience magistrate and expertise shall file a in mediation recommended and land order within use and 14 days after environmental the hearing.9 our client comes to permitting, There are you after his or her land planning, practical application for a land considerations Y development order has economics, or for the lawyer been denied by a local government. local and state The Florida Land Use and contemplating Your first inclination is to seek relief government Environmental Dispute use of this in circuit court. However, another organization process. The non-judicial alternative is available. and powers.5 Resolution Act is available owner must The Florida Land Use and The special to owners who have been exhaust all Environmental Dispute Resolution magistrate non-judicial denied development orders, Act is available to owners1 who shall hold an local have been denied development informal re-zonings, variances, government orders, re-zonings, variances, and hearing within and permits, have appeals (if permits, have enforcement actions, 45 days after the appeals or have been granted permits with receipt of the enforcement actions, or take no longer unacceptable permit conditions request for have been granted permits than four issued on or after October 1, 1995.2 relief.6 During months) before The Act does not apply to actions the hearing, with unacceptable permit initiating a related to comprehensive plan the special conditions issued on or proceeding amendments, and a wetland magistrate under the after October 1, 1995. delineation report advising of first acts as Act.10 Also, possible violations is not a a facilitator/ a request for “development order” for purposes mediator in relief tolls of the Act. Hanna v. EPC, 735 an attempt to the time for So.2d. 544, 545 (Fla. 1999).3 resolve the conflict between the seeking judicial review of the The Act is voluntary. Any owner parties, and resolution may be local government action until the who believes that a development achieved by modifying the owner’s recommended order is acted upon order or enforcement action is proposed use of the property or by the local government or the unreasonable or unfairly burdens adjusting the development order state or regional agency.11 This the use of the property may request or enforcement action.7 If an alternative resolution process is relief within 30 days of the receipt acceptable solution is not reached probably most successful where of the notice of action or order.4 by the parties, the special parties may not have had an Once a request is received, the magistrate considers the facts opportunity to get together and governmental entity and the and circumstances in the request discuss settlement options before affected party must select a for relief, any responses and any the local government action was mutually agreeable special other information produced at taken. It is probably less desirable magistrate and must send the the hearing in order to determine when parties have taken firm request to the special magistrate whether the action by the within 10 days. The special governmental entity or entities is Continued on page 43

42 MAY 2012 | HCBA LAWYER THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION ACT Mediation and Arbitration Section

Continued from page 42 the state, regional, or local level and 7 §70.51(17)(a), Fla. Stat. who received a development order, or 8 §70.51(17)(b), Fla. Stat. positions and have no desire to who holds legal title to real property 9 §70.51(19), Fla. Stat. spend additional time or resources that is subject to an enforcement 10 §70.51(10)(a), Fla. Stat. trying to reach a compromise. In action of a governmental entity.” 11 §70.51(10)(a) and (b), Fla. Stat. the latter case, parties are more §70.51(2)(d), Fla. Stat. likely to proceed to circuit court 2 §70.51(2)(a) and (30), Fla. Stat. for resolution of their case. 3 §70.51(2)(a), Fla. Stat. 4 §70.51(4), Fla. Stat. 1 An owner is a “person with a legal 5 §70.51(2)(c), Fla. Stat. Author: or equitable interest in real property 6 See §70.51(15)(a), Fla. Stat. Vivian Arenas- who filed an application for a Note: parties can agree to extensions Battles, de la Parte development permit for the property at of time. & Gilbert, P.A.

Tr i al & Litigation

Barry Richard presented “Liberty v. Security” at the HCBA Trial & Litigation section luncheonQuart on erly Luncheon February 22, 2012 at the Chester H. Ferguson Law Center. The discussion focused on the loss of constitutionally guaranteed freedoms in the name of national security. Thank you to our sponsor: Trial Consulting Services.

Pictured from left to right: Russell Wills, Trial Consulting Services, LLC; Michael Boucher, Trial Consulting Services, LLC; Ron Hanes, Trombley & Hanes, P.A.; Dick Woltmann, Bay Area Legal Services, Inc.; Barry Richard, Greenberg Traurig; David Knight, Hill Ward Henderson; and Dan Clark, Clark & Martino, P.A.

MAY 2012 | HCBA LAWYER 43 ADVICE FROM AROUND THE ASSOCIATION ON HOW TO RETAIN CLIENTS Solo/Small Firm Practitioner Section Chairs: James A. Schmidt, James A. Schmidt, P.A., and S.M. David Stamps, III, S.M. David Stamps, III, P.A.

you need to for a aware of right project. Meet with away. You can do them. Get to know this by sending your client’s staff. them leads or Make a personal Service referrals. Make connection. This introductions— will help you relate clients value this. to issues that arise Part of your value in their world. If is your network. you know them Introducing and their business, clients to sources here is an old adage they will trust you of capital, other that it is easier to keep with their matters. professional an existing client than Show your Prompt, courteous resources, etc., T to get a new one. This client that you and thorough is part of the article summarizes advice from a care about them. reason they dozen members of our association Give them a call communication is a might have on that topic- thank you to them or check in must. Nothing gets selected you over for their input. with them even another attorney. when there is a client upset more Be Responsive no pending work. quickly than the Billing Prompt, courteous and thorough Develop a personal sound of silence. Awareness communication is a must. Nothing relationship Don’t “nickel gets a client upset more quickly and let work and dime” clients than the sound of silence. Always follow later. for short phone answer the phone or return the Send your calls or routine phone call or email. Set a goal to client news stories or articles that overhead items such as copies, respond to calls and emails on the relate to their interests. These can faxes, phone calls, online research, day received (even if the response relate to their personal or business etc. Sometimes clients have to go simply indicates that you’ll have interests. If they are business out on a limb to hire a smaller firm, to follow-up in greater detail later). articles—make sure you mention so you should try to provide solid One the other hand, being that the article is provided ‘FYI’ personal service to help them available 24/7 for emails, text or as a courtesy, so they do not get justify that decision. messaging, voice mail, and the impression that they are on the forwarded phone calls and clock. You want your client to feel Say Thank You messages can subject any attorney like they are always on your mind When you conclude a matter, to burnout and develop unrealistic and that you are thinking of them. always thank the client for client expectations. It is not Communicate with your client allowing you to represent them. possible to reply to all messages with matter updates even if they If a client refers a potential client, as soon as you receive them. You have not contacted you. Every give the prospect a little extra. have to work towards a balance client wants to feel like they are Remember, there is no greater in communicating. your most important client. compliment than a referral.

Build Rapport - Add Value Authors: James A. Schmidt, Communicate Often Build a rapport with your clients James A. Schmidt, P.A., and Know your clients and their to become cognizant of their needs; S.M. David Stamps, III, S.M. business. Visit their office, before even those that they may not be David Stamps, III, P.A.

VOLUNTEER AT THE YLD FAMILY FORMS CLINIC ON JUNE 5TH FROM 5:30 – 7:30 P.M. CALL 813-221-7777 FOR ADDITIONAL INFORMATION.

44 MAY 2012 | HCBA LAWYER DestinyDestiny Bradley,Bradleyy,, ParalegalParalegal JonathanJonathan Brozyna, Attorney Cod Cody y DaDavis,vis, Attorney Nada Haddad, PaParalegalParalegal

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Referral fees paid in accordance with rule 4-1.5 of the Florida Bar Rules of Professional Conduct

MAY 2012 | HCBA LAWYER 45 THE LLC UNLEASHED - THE S-HYBRID-LLC Tax Law Section Chairs: Justin J. Klatsky, Owens Law Group, P.A., and V. Jean Owens, Owens Law Group, P.A.

The seminal benefits, the case of Olmstead application of v. Federal Trade Chapter 608 Commission, 44 So. rather than 3d 76 (Fla. 2010) Chapter 607 in June of 2010 of the Florida sent shockwaves Statutes,4 and through the Florida that an election business world. is being made, In Olmstead, the rather than Florida Supreme relying on default he Selectric typewriter. Court ruled that tax treatment. The dial-up modem. charging orders3 If the corporate The Rolodex. At one are not a creditor’s form takes T time or another, each exclusive remedy This “S-hybrid-LLC” precedence over of these were indispensible tools against LLC asset protection of the business world. Is the S member’s interests … should be the at a later date, corporation to go the way of the in single-member preferred entity for then the form slide rule and carbon paper? To LLCs, and some may be changed become a veritable dinosaur and practitioners feared those entities best through an study of curiosity of the entity its application suited for being taxed incorporation of 5 world? Yes. The S corporation to multiple- as an S corporation. the LLC. Many should and will be replaced by the member LLCs. entities that are hybrid limited liability company. A year later, the already state An “S corporation” is really Florida Legislature level corporations an election made for federal tax created the Olmstead “patch” by taxed as S corporations can take purposes, and no such thing as amending Section 608.433, Florida advantage of the LLC protections an “S corporation” exists under Statutes, to provide for charging by examining their potential Florida law. Typically, when clients orders as the exclusive remedy for conversion into an S-hybrid-LLC,6 state that their businesses are “S creditors against LLC membership as well as the possibility of adding corporations,” they mean that the interests. The membership interests additional members to single businesses are Florida corporations in single-member LLCs, however, owner entities.7 As always, any formed under and governed by may be foreclosed by a creditor newly formed or converted entity Chapter 607 of the Florida Statutes if that creditor proves to a court should have a thorough and and that the businesses have then that the distributions under the robust operating agreement. filed a Form 2553 with the Internal charging order will not satisfy the In Florida, since 2007, yearly Revenue Service to elect S status judgment within a reasonable time. new filings of LLCs have exceeded and treatment under the Internal With the Olmstead patch in those of corporations.8 The number Revenue Code. While practitioners place, the S-hybrid-LLC provides of LLCs in Florida is rising and and clients may be familiar with owners with the same tax should continue to do so as those corporations making the S treatment and the same liability entities taxed as S corporations election, a Florida limited liability protection and provides make the transition to the more company (LLC) can also make this significantly greater asset protected entity: the LLC. same election to be taxed as an protection benefits when compared S corporation.1 to their S corporation corporate 1 An LLC can be taxed up to four This “S-hybrid-LLC”—that is, counterparts. As with any choice different ways: as a sole proprietorship, the LLC taxed as an S corporation— of entity decision, formation as a partnership, a corporation, or a should be the preferred entity for or conversion to a S-hybrid-LLC corporation that has made an S election. those entities best suited for being should be thoughtful and consider taxed as an S corporation.2 the increased asset protection Continued on page 47

46 MAY 2012 | HCBA LAWYER THE LLC UNLEASHED - THE S-HYBRID-LLC Tax Law Section

Continued from page 46 3 A charging order allows a 6 Provided for under Chapter judgment creditor to receive LLC 608, Florida Statutes. The Florida 2 This article makes that distributions normally payable to Department of State, Division of assumption that the choice to the member, but it does not grant Corporations provides a form at: make the S election is suitable the creditor the right to claim the http://form.sunbiz.org/pdf/Inhs11.pdf. for the business. Some of these member’s right, title, and interest 7 This can be done in a number of considerations of LLC taxation are in the LLC to satisfy the judgment. ways and should be considered carefully, addressed by two previous articles: The creditor gets a potential stream of especially given that many practicing Justin J. Klatsky, LLC Taxed as an S income, which can be altered, instead in this area are concerned that charging Corporation: Self Employment Taxes of the actual membership interest. orders as the exclusive remedy will not Above All (Part 1: Formation), LAWYER, 4 There are significant differences apply to entities with clearly de minimis March 2010 at 52, 53 and Justin J. in governance, duties, requirements, or “peppercorn” owners. Klatsky, LLC Taxed as an S and applicable case law. While this 8 http://www.sunbiz.org/corp_ Corporation: Self Employment Taxes should be considered, it is beyond the stat.html Above All (Part 2: Operations and scope of this article. Dissolution), LAWYER, April 2010 at 5 See Chapter 608, Florida Statutes, Author: Justin J. Klatsky, Owens 48, 49. for conversion provisions. Law Group, P.A.

MAY 2012 | HCBA LAWYER 47 48 MAY 2012 | HCBA LAWYER ARBITRATION AGREEMENTS IN THE DOC’S OFFICE: FAIR GAME? Trial & Litigation Section Chair: J. Daniel Clark, Clark & Martino, P.A.

both procedural So.3d ——, 2011 and substantive WL 5864830 (Fla. unconscionability Nov 23, 2011). per the court’s Interestingly, the holding. The Supreme Court court ruled that has also granted the patient failed review in Franks, on both grounds, and this public noting that policy argument Chapter 766, should be front Florida Statutes, and center. hese days, it seems has a scheme The Supreme like you can’t purchase for voluntary Court should a product or service arbitration.1 If arbitration reverse Franks. T without being asked, or The Franks agreements diverge The rights of forced, to agree to an arbitration court also patients injured clause. The HBO documentary found that too far from the by medical called Hot Coffee colorfully the arbitration scheme of Chapter 766, negligence are illustrates the myriad areas in agreement did courts may hold they no less important which arbitration clauses have not violate than those of infiltrated everyday life. public policy. violate public policy. nursing home Now, arbitration agreements It distinguished residents. Many have even reached the healthcare nursing home courts have raised setting. In the Florida Senate this cases that held concerns about year, a bill (SB 1316) sailed through arbitration provisions inconsistent the coercive circumstances under committees. It would expressly with Chapter 400, Florida Statutes, which patients are required to permit doctors and hospitals to contravened public policy. It noted sign these agreements. See, e.g., require patients to sign arbitration that Chapter 400 is remedial, Broemmer v. Abortion Servs. of agreements as a condition of meant to protect nursing home Phoenix, 840 P.2d 1013 (Ariz. 1992). treatment. The bill would allow residents, whereas Chapter 766 Sick and vulnerable patients arbitrary caps on recoverable was written in response to a rise should be protected from having to damages and permit the healthcare in medical malpractice insurance undertake the mental gymnastics provider solely to control selection rates and an “overpowering public necessary to understand an of arbitrators. The bill eventually necessity.” This may be an area in arbitration clause, and the rights stagnated on the Senate floor, which arbitration agreements are they are forfeiting, to receive but this is hardly the last of it. vulnerable. Chapter 766 has a necessary and often urgent care. Is it fair game to permit such remedial ring, with stated goals Fundamental fairness is at stake. agreements in the context of a of promoting patient safety and physician-patient relationship? reducing medical errors. If 1 See §766.207, Fla. Stat. The court In Franks v. Bowers, 62 So.3d 16 arbitration agreements diverge did note that this arbitration scheme (Fla. 1st DCA), rev. granted, 74 So.3d too far from the scheme of Chapter is voluntary, but did not find it 1083 (Fla. 2011), the court said it 766, courts may hold they violate significant that the scheme is voluntary was fair game. The First District public policy. The Florida Supreme and requires that held the arbitration agreement, Court recently held that limitations liability be admitted, which the doctor required all on remedies in nursing home with arbitration patients sign to be treated, was arbitration agreements, which only on damages. not unconscionable. To prevail on a deviate from the remedies provided claim that an arbitration provision in Chapter 400, violate public Author: is unconscionable and should not policy and are unenforceable. Charles T. Moore, be enforced, the party must prove Shotts v. OP Winter Haven, Inc., —- Morgan & Morgan

MAY 2012 | HCBA LAWYER 49 JURISDICTION AND COVERAGE Workers’ Compensation Section Chairs: Anthony V. Cortese, Anthony V. Cortese, Attorney at Law, and Michael G. Rabinowitz, Banker Lopez Gassler P.A.

The Florida and passed certain Workers’ requirements Compensation before he went Act does not to Saudi Arabia cover a claim to work. When he that is covered was injured on a by the DBA. Sec. non-DBA job in 440.09(2), Fla. Saudi Arabia, the Stat. On non-DBA injury was held to out-of-state cases, be covered by the Florida law Florida Workers’ f a Florida resident is provides coverage This Florida Compensation Act. offered a job in Florida by for out-of-state Fuller can a Florida employer and injuries “if the claimant developed be distinguished I injured during employment contract of a disabling heart from Ray-Hoff in another state or overseas, does employment by the written the Florida Workers’ Compensation was made in condition diagnosed contract, but in Act provide coverage? The answer this state.” Sec. while working Owens v. CCJ Auto is a resounding: “It depends.” 440.09(1)(d), Transport, 59 So. In Grant v. Lockheed Martin, Fla. Stat. In overseas that 3d 179 (Fla.1 DCA 2012-LDA-00128 (2012), the Ray-Hof v. could be causally 2011), there was Peterson, 123 So.2d no written contract. claimant was hired and signed an related to a employment contract in Florida, 251(Fla. 1960), In Owens, the trained in Florida and received the claimant was smallpox vaccine. claimant was inoculations in Florida and a working for the offered a job with smallpox vaccination in North employer in Florida the employer that Carolina required for an overseas when he was the claimant could job. This Florida claimant verbally offered a job in Georgia not start until he had first travelled developed a disabling heart for the same employer. Even to Utah to obtain the employer’s condition diagnosed while working though the claimant was offered truck. He was later injured in overseas that could be causally the job while he was in Florida, Georgia, the same state as the related to the smallpox vaccine. and the Deputy Commissioner claimant in Ray-Hof. The First There was Defense Base Act found a contract was made in District did not overrule Ray-Hof, (DBA) coverage of the overseas Florida, when he was injured in but it held that, because a verbal job so the injury was covered and Georgia and made a claim, the agreement for employment was compensable, and the benefits Florida Supreme Court held that made in Florida, Florida workers’ due were very substantial. The because the last act necessary for compensation coverage applied. DBA is a federal law which covers the claimant to work was to appear Interstate and overseas work injuries to employees of certain in Georgia, there was no Florida is increasing. When a Florida contractors overseas working contract and no Florida coverage. resident is injured in another for the United States, even if the In Fuller v. Chastain, 388 So. state or overseas, a careful inquiry injury is in the United States 2d 284 (Fla. 1 DCA 1980) the is necessary to determine proper after initial processing on the claimant was hired and signed an coverage and jurisdiction. way to start an overseas DBA employment contract in Florida. He job. Phoenix Indemnity v. then travelled to New York where he Author: Anthony V. Cortese, Willard,130 F.Supp.657(1955). signed a new employment contract Anthony V. Cortese, Attorney at Law

Join your colleagues in the Workers’ Compensation Section – For more information call 813-221-7777.

50 MAY 2012 | HCBA LAWYER HCBA

MacDill Air Force Base was the location of the HCBA Leadership Institute class on April 4, 2012. Leadership Institute While visiting the base the participants witnessed VISITS MACDILL AIR FORCE BASE a military working dog demonstration, toured a C- 130 Hercules aircraft, listened to a presentation Pictured from L-R are: Capt. Kathryn Boucher, from the Staff Judge Advocate, and then gathered Joe Marshburn, Michael Stein, Michael Kamprath, at Seascapes, the on-base beach dining facility, for LaKisha Kinsey-Sallis, Jason Whittemore, Michael Kangas, happy hour. A special thank you to the 2011-2012 Matthew Kindel, Jonathan Gilbert, Kimberly Jones, Amy Nath, Robin Horton, Casey Reeder, and Daniel Alvarez. Leadership Institute sponsor: The Bank of Tampa.

THANK YOU TO OUR VOLUNTEERS FOR THE ASK-A-LAWYER LIBRARY SERIES AND FOX 13 PROGRAMS!

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MAY 2012 | HCBA LAWYER 51 52 MAY 2012 | HCBA LAWYER MAY 2012 | HCBA LAWYER 53 JURY TRIAL INFORMATION

For The Month of: November 2011. Parties: Towana Griffin as Personal Nature of Case: Automobile Judge: Honorable Lowell Bray. Representative of the Estate of negligence. Defendant disputed Parties: Joseph Barile vs. Publix Annie Griffin vs. Hector Diaz, M.D. causation and damages. Super Markets, Inc. Attorneys: For Plaintiff: William N. Verdict: $200,000.00 for Plaintiff. Attorneys: For Plaintiff: James Hutchinson, Jr. & Kenneth Glover; Curtis; For Defendant: Robert For Defendant: Andrew M. Brown For The Month of: March 2012. Wallace & Philip Wallace. & Craig Harris. Judge: Honorable Sam Pendino. Nature of Case: Plaintiff run over Nature of Case: Plaintiff alleged that Parties: Dakota Ward, a minor, by by a fleeing shoplifter which Defendant’s failure to diagnose and through Jolene Brennan as fractured his hip. patient’s acute coronary syndrome Parent and Natural Guardian and Verdict: Defense verdict; Motion for resulted in patient’s death 2 days Jolene Brennan, individually vs. fees and cost pending. Comparative later of a heart attack. School Board of Hillsborough negligence against each party. Verdict: For the Defense. County, Florida. Attorneys: For Plaintiff: Edwin Gayle For The Month of: November 2011. For The Month of: February 2012. & James Curtis; For Defendant: Judge: Honorable Perry Little. Judge: Honorable William P. Levens Hector J. Rivera & Debra Metzler. Parties: Mary Jane Garcia & Parties: Kay Durham vs. Ferman on Nature of Case: Negligent Michael Garcia vs. Family Dollar 54, Inc. supervision. Minor child was Stores of Florida, Inc. Attorneys: For Plaintiff: David M. injured when another student Attorneys: For Plaintiff: T. Patton Bulluck, Esq.; For Defendant: pulled his shoelace in hallway Youngblood, Jr.; For Defendant: T. Gregory Slother, Esq. causing injury to head. David R. Bolen. Nature of Case: Negligent repair Verdict: For Defense. Jury found Nature of Case: Trip & fall. of Plaintiff’s vehicle that caused no negligence on part of School Defendant disputed liability, a mechanical failure without Board. Defendant motion for causation and damages. colliding into any object. fees and cost is pending. Verdict: $420,250.00 for Plaintiff. Verdict: $1,610,000 for Plaintiff without any comparative fault. For The Month of: March 2012. For The Month of: January 2012. Judge: Honorable Herbert Berkowitz. Judge: Honorable James Arnold. For The Month of: February 2012. Parties: Bobby “B.J.” Askew Parties: Cleofas Lopez, as Personal Judge: Honorable Linda Babb. vs. Encon, Inc. & Representative of the Estate of Parties: Denise Isensee vs. Christopher Graham. Christie Gonzalez vs. Christopher Lorri Zelazink. Attorneys: For Plaintiff: Parks & Big Warrior Corp. Attorneys: For Plaintiff: Michael Winer Timothy F. Prugh; For Attorneys: For Plaintiff: Christopher & Stephen Barnes; For Defendant: Defendant: Michael Rywant. Ligori & Chad Pilon; For Dan Martinez & Kyle Maxon. Nature of Case: Automobile Defendant: Bill Smoak & David Nature of Case: Rear end motor accident; rear-end collision; McClain for Parks & Michael vehicle accident resulting in admitted liability; contested Reed & Wendy Accardi for Big 2 level anterior cervical causation and damages. Warrior Corp. discectomy and fusion. Verdict: $3,416,000.00 for Plaintiff. Nature of Case: Motor vehicle Verdict Plaintiff $931,964.95, wrongful death; scope of fees and cost pending. For The Month of: March 2012. employment; seat belt. Judge: Honorable Robert Foster. Verdict: For Plaintiff, $1,173,373.50. For The Month of: February 2012. Parties: Trinity Bullard vs. Non-party Defendant 60% Judge: Honorable Peter A. Dubensky. George Hammond. negligent, plaintiff 20% negligent Parties: Blaine Fleming vs. Attorneys: For Plaintiff: Bill for seatbelt non-use; Parks Bob Mancuso. Daniel & Mike Mareese; 20% negligent. Attorneys: For Plaintiff: T. Patton For Defendant: Brandon Scheele Youngblood, Jr.; For Defendant: & Matt Easterwood. For The Month of: February 2012. Daniel A. Martinez & Kyle Judge: Honorable James D. Arnold. W. Maxson. Continued on page 55

54 MAY 2012 | HCBA LAWYER JURY TRIAL INFORMATION

Continued from page 54 Nature of Case: Motor vehicle vs. For The Month of: April 2012. bicycle accident. Judge: Honorable William P. Levens. Nature of Case: Admitted Verdict: Defense verdict. Plaintiff Parties: Gene & Nita Bass vs. liability auto accident. Low was intoxicated and unhelmeted. Platinum Title Services, LLC back surgery. & Joellyn Robles. Verdict: $15,000.00 for Defense. For The Month of: March 2012. Attorneys: For Plaintiff: Morgan Defendant’s motion for Judge: Honorable Stanley R. W. Streetman; For Defendant: attorney’s fees pending. Mills, (Pasco). Aram P. Megerian, Scott A. Parties: Jeremiah Ball vs. Shelton, Abby M. Moeddel. For The Month of: March 2012. Theresa Cruz. Nature of Case: Breach of Judge: Honorable Cynthia A. Attorneys: For Plaintiff: Sumeet Kaul Fiduciary Duty in Closing Pivacek (Collier County Circuit). & Darrell Kropog; For Defendant: Real Estate Transaction. Parties: Jose Juarez Gomez Leticia Valdes & Jillian Mannino. Verdict: In favor of Plaintiffs, vs. Redlands Christian Nature of Case: Motor vehicle $530,015.79. Plaintiffs motion Migrant Association. rear end collision. Defendant for attorney fees pending on Attorneys: For Plaintiff: James J. admitted negligence. their October 2009 Proposal Zonas & Jason Schwartz; For Verdict: Defense verdict. Jury found for settlement in the amount Defendant: Robert L. Blank & negligence not the legal cause of of $200,000. Stephen K. Talpins. injury loss or damage to Plaintiff.

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The structure featured on the cover is the headquarters of Buss Ross, P.A. Officially opened in January 2008, this Mediterranean-style building was the third legal edifice to call Tampa Heights its home.

MAY 2012 | HCBA LAWYER 55 56 MAY 2012 | HCBA LAWYER MAY 2012 | HCBA LAWYER 57 AROUND THE ASSOCIATION

Keith W. Bricklemyer of Hill Ward Henderson is Peter King of Wiand Guerra Bricklemyer Smolker & Bolves, pleased to announce the elections King P.L. was appointed co-chair P. A . has been honored by of four shareholders to community of the Florida Office of Financial American Registry in its selection boards and organizations. Gregory Regulation Commissioner’s of America’s Most Honored P. B r o w n , shareholder in the Advisory Council to help combat Professionals of 2011. Litigation Group, has been elected investment fraud. to a three-year term on the Board Thirteenth Judicial Circuit of Directors of The Florida Bar Christina North opened North Judge James M. Barton II Foundation. David S. Felman, Family Law, PLLC, a family law has been named the 2012 shareholder and Practice Group boutique catering to the individual recipient of The Florida Bar Leader for the Corporate & Tax before, during, and after divorce. Judicial Service Award. The Group, has been elected as Vice award honors outstanding and Chairman of Florida Venture Forum. Adoption attorney Jeanne T. sustained service to the public John B. Grandoff, III, shareholder Tate is the recipient of the 2012 especially as it relates to support and leader in the Zoning and Land HCBA Jimmy Kynes Pro Bono of pro bono legal services. Use Group, has been elected to the Service Award presented by the Board of Directors of Mental Health circuit judges of Hillsborough Carlton Fields is pleased to Care, Inc., C. Howard Hunter, County for her volunteerism and announce the election of new shareholder in the Litigation dedication to vulnerable children. shareholders Jon Gatto, a member Group and head of the Health Care of the firm’s Health Care and Litigation Team, has been elected Attorney Robert H. “Bob” Business Litigation and Trade to The Federation of Defense and Buesing of Trenam Kemker Regulation practice; Dave Walz Corporate Counsel. received the YMCA’s Red Triangle a member of the firm’s Products Award at the SunTrust Community and Toxic Tort Liability, Business Trenam Kemker is pleased Impact Awards for his leadership, Litigation and Trade Regulation to announce that Business Leader® dedicated service and devotion practice; and Richard Oliver a recognized attorney Alicia to the mission, which has made member of the firm’s Health Care Koepke as one of the Top 50 a significant and lasting impact and Business Litigation and Trade Entrepreneurs in Tampa based on the Tampa YMCA. Regulation practice. on her outstanding leadership, dedication, determination and Shumaker, Loop & Kendrick, Travis Santos, an associate entrepreneurial success. LLP, is pleased to announce at Hill Ward Henderson in the Brian C. Willis has joined the firm’s Bankruptcy and Creditors’ Rhea F. Law, CEO and Chair of firm as an associate in the Rights and Commercial Litigation the Board of Fowler White Boggs, litigation department and Timothy Groups, has joined the Big has been named president of the M. Hughes has joined the firm Brothers Big Sisters of Tampa United States Law Firm Group as a Partner in the Real Estate Bay Board of Directors. (USLFG), a network of independent Practice Group. law firms. She also was recently Judge Catherine Peek selected as a winner of the 2012 George F. Gramling, III of McEwen, a judicial officer of the Glass Ceiling Award by The Florida Gramling Environmental Law, United States Bankruptcy Court Diversity Council. P. A . has been certified by the for the Middle District of Florida, Florida Supreme Court as a has been elected to membership Elizabeth P. Allen of Gibbons, Circuit Mediator. The Gramling in the American Law Institute. Neuman, Bello, Segall, Allan Environmental Law firm & Halloran, P.A., in Tampa has concentrates on environmental Joseph H. Varner, III of earned her LL.M. in Elder Law from compliance and energy law matters. Holland & Knight was elected Stetson University College of Law to the Board of Directors of Tampa and was awarded the Matthew Members: Send HCBA your Bay & Company. Bender Elder Law Book Award. updates, [email protected].

58 MAY 2012 | HCBA LAWYER ADVERTISER INDEX

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HCBA Lawyer Referral & Information Service

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MAY 2012 | HCBA LAWYER 59 60 MAY 2012 | HCBA LAWYER

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