Basch Report: Stein Mart board FREE feared for company’s future March 5-11, 2020 PAGE 12 jaxdailyrecord.com
JACKSONVILLE Record & Observer LOTJACKS ONVILLEJ AND BEYOND CordishRe executiveco updatesrd plans for development& Observ near TIAA Bank Field and the Shipyards.er
THE PLAN JACKSONVILLE Zed Smith, chief operating officer of The Cordish Companies, showed this map of the Lot J, Jacksonville Shipyards and Metropolitan Park Record & Observareas to the Meninaker Club of Jacksonville during a March 2 speech. Cordish is working with the Jaguars to develop the property. JACKSONVILLE Record & Observer
Photo by Mike Mendenhall
The Cordish BY MIKE MENDENHALL the first two phases of development of and Jaguars’ subsidiary Gecko Invest- Companies STAFF WRITER Lot J near TIAA Bank Stadium, the Ship- ments LLC are equal partners in the Lot Chief Operating yards and a previously unannounced J-Shipyards project, operating as Jack- Officer Zed acksonville Jaguars owner Shad residential expansion north of Lot J in sonville I-C Parcel One Holding Com- Smith spoke Khan’s proposed $2.5 billion a presentation March 2 to the Meninak pany LLC, according to the Lot J devel- March 2 to the Lot J and Jacksonville Shipyards Club of Jacksonville. opment term sheet released by the city Meninak Club development is a starting point “The thing that appealed to us about July 31. of Jacksonville. for two decades of development Jacksonville is we have the land to develop The $450 million to $500 million Phase in Downtown’s Sports and Enter- into the future. We could be building here I of Lot J comprises the Live! Arena enter- Photo by tainment District, said The Cordish Com- for the next 20 years,” Smith said of The tainment venue, a 200-unit boutique Karen Brune Mathis J panies Chief Operating Officer Zed Smith. Cordish Companies and Khan’s subsidiary. Smith showed updated renderings of Baltimore, Maryland-based Cordish SEE LOT J, PAGE 8
CMC Steel wins city incentives BUSINESS STRATEGY without adding jobs PAGE 3 Haskell’s Dysruptek Mathis Report: Argentina-based seeking innovation firm building warehouse PAGE 4 Design-build firm looks ahead. PAGE 5 Marbut Report: Judge ‘not retiring from the community’ PAGE 13 VOLUME 2, NO. 40 • ONE SECTION 2 JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER | THURSDAY, MARCH 5, 2020 JaxDailyRecord.com
Big news doesn’t break just on Thursday. Here’s a look at some of the top stories published over the past week online at JaxDailyRecord.com and in the Jacksonville Daily Record that you may have missed. JACKSONVILLE Daily Record
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WHAT’S TRENDING WHAT’S ABOUT USJACKSONVILLE Special to the Daily Record Jacksonville Daily Record and Jacksonville Record & Observer are a division of An artist’s rendering of the redeveloped College Park shopping center in Arlington. ObserverDail Media Group Inc. y Record Established in 1912, the Financial News & Daily Record, now the Jacksonville Daily REDEVELOPMENT Record, is published Monday-Friday and is the Official Court Newspaper of the Circuit JACKSONVILLE Plans to renovate old Town & Country Court and publisher of public notices in Duval County. Jacksonville Record & Observer is a free weekly business newspaper available in JWB Real Estate Capital plans a $3 said in a news release. DowntownDail Jacksonville and keyy business Re nodes throughoutco Jacksonville.rd To find a million renovation of College Park, Sifakis did not identify the grocer or location near you, visit jaxdailyrecord.com/rack-locations. the renamed Town & Country Shop- the other tenants he wants to sign. ping Center at northeast Arlington “We are trying to do what’s in the Editorial content focuses on news and trends, with a concentration on development, Expressway and University Boulevard best interest of the Arlington neighbor- real estate, construction, law, companies, economic and industry trends and how local in Arlington. hood in the long-term, not simply fill and state government affects business. “JWB hopes to secure a grocery store spaces for profit’s sake,” he said. tenant to anchor the plaza and has Sifakis estimates JWB will spend STAFF been in conversation with prospective $3 million to renovate the center and grocers to customize the space to suit invest up to $7 million to develop a Publisher / Matt Walsh Director of Advertising / Jay Lesowitz their needs,” JWB President Alex Sifakis 2.2-acre mixed-use outparcel. [email protected] [email protected] Publisher Emeritus / James F. Bailey Jr. Advertising Coordinator / Codi Gildberg [email protected] [email protected] EDUCATION Editor / Karen Brune Mathis Legal Advertising Manager / Janet Mohr [email protected] [email protected] ‘Cloud’ lifted over Florida Coastal School of Law Managing Editor / Monty Zickuhr Legal Advertising Associate / Rhonda Fisher [email protected] [email protected] The American Bar Association the classroom. To not have that cloud Associate Editor Legal Affairs / Max Marbut found Florida Coastal School of Law in over us is very helpful,” Goplerud said. Network Administrator / Erik Wagner [email protected] [email protected] compliance with standards that ensure The scrutiny by the ABA began in / Katie Garwood Staff Writer Court Typeset / Paula Steiner law schools are financially sound, a February 2017 when only 25% of Flor- [email protected] requirement for accreditation. ida Coastal graduates passed the Bar [email protected] Staff Writer / Mike Mendenhall Florida Coastal School of Law Presi- exam. The ABA declared in May that [email protected] Director of Circulation / Anne Shumate dent and Dean Peter Goplerud said Florida Coastal School of Law would [email protected] Staff Writer / Scott Sailer the school now is able to again focus remain an approved law school, but [email protected] Distribution / Tim Reagan on recruiting students. then questioned the school’s financial [email protected] Business Manager / Angie Campbell “We feel we’re doing great work in stability. [email protected]
RESTAURANTS PRESS RELEASE/INQUIRY/REPRINTS Medures to open restaurant at Mayo Clinic Submit a press release or editorial inquiry online jaxdailyrecord.com/submit-news-release or email [email protected]. Jacksonville chefs Matthew and vice bar and a coffee shop grab-and-go Article reprints are available at jaxdailyrecord.com David Medure are taking their culinary area that will replace the cafe in the skills to Mayo Clinic. Cannaday Building. Medure Brothers Culinary Concepts Mayo said it and the Medures have HOW TO SUBSCRIBE will open a 200-seat, 7,000-square- not decided on a name, type of cuisine Subscribe online at jaxdailyrecord.com/subscribe or contact our subscription foot upscale-casual restaurant and or hours of operation. department by phone at (877) 231-8834 or email [email protected] bar at the medical center’s Southside Mayo said construction will start this campus. summer and the restaurant should PRICES The restaurant will include a full-ser- open in spring 2021. 2 years...... $154 Thursday only ...... $66 per year 1 year...... $89 Single copy...... 35 cents 6 months...... $55 THE DAILY BRIEF There’s a shortcut to staying in the loop HOW TO ADVERTISE Display & Digital Advertising: Call Jay Lesowitz at (904) 356-2466 or email Don’t miss a story. Subscribe to the Daily Brief and we’ll send our [email protected] top news to you Monday-Friday morning via email. To sign up, visit JaxDailyRecord.com and look for the “Sign up” box, enter your email and Legal Advertising: Submit public notices via email to [email protected] you’ll be set.
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We felt like it was prudent in Previously, a commercial THE MENDENHALL REPORT this case to go ahead with the property improvement greater REV grant. We did reduce it than or equal to 50% of its from 10 to five years.” assessed value would be sub- Wendland said the average ject to compliance regulations. salary for the CMC Steel jobs is Council members Joyce Mor- $80,000 per year, plus ben- gan and Ron Salem co-spon- efits. sored Ordinance 2019-0879-E Council member Aaron to create a Renew Arlington Bowman said that the city had Design Review Team to vet “For a while it was been working on the deal with Arlington overlay compliance MIKE MENDENHALL CMC Steel for nearly two years. improvements separate from STAFF WRITER touch-and-go “For a while it was touch- the city’s standard permitting and-go whether we were going review. City awards $450,000 whether we were to keep that plant or not,” Council approved updated REV grant after the Bowman said. zoning in June to combat blight going to keep that Bowman said CMC Steel is in Arlington and create unifor- company promises to JEA’s largest single-site cus- mities to attract development. invest $30 million in plant or not.” tomer. Arlington developed in the CMC Steel paid the util- 1950s after the Mathews Bridge equipment, real estate. COUNCIL MEMBER ity $19.89 million in 2017 opened over the St. Johns River AARON BOWMAN and $18.7 million in 2018 for from Downtown. The city will provide a electric usage, according to a The Arlington Community taxpayer-backed grant to CMC summary provided by JEA in Redevelopment Agency sepa- Steel US LLC to keep a 250-job August. rately approved a compliance mill open near Baldwin despite The company is third in grant in January to reimburse not creating jobs. energy purchases from JEA commercial property owners in Office of Economic Develop- city it will invest $30 million The Jacksonville property behind the U.S. Navy and the the district for the cost to bring ment Executive Director Kirk over five years in real estate sold for $11.8 million. city. their businesses into minimum Wendland said the possibil- improvements, equipment and CMC Steel evaluated its 150 compliance. ity the company would close machinery at its 16770 Rebar U.S. facilities and approached Arlington Overlay The money comes from the the facility without the grant Road facility. the city for incentives with agency fund and will cover concerned city officials. The REV grant would refund plans for the site improve- revision approved the estimated $7.33 million in City Council approved a 50% of the increase of the ments, Wendland said. After nearly two years of Renew Arlington commercial resolution Feb. 25 to extend facility’s property taxes over He said the facility would negotiations, commercial property compliance needs. a $450,000 Recaptured that time. become obsolete without the property owners in the Renew The Council also approved Enhanced Value Grant to CMC CMC Steel took over opera- investment. Arlington Zoning Overlay $30,435 to pay a part-time Steel, a subsidiary of Irving, tion of the former Gerdau Before the vote, Council District can access city grant landscape architect to provide Texas-based Commercial Jacksonville Ameristeel mill member Michael Boylan asked money to meet code compli- Renew Arlington business Metal Co. during 2018. if approving a REV Grant with- ance. owners with draft designs for Council members voted CMC Steel paid $600 mil- out mandating job creation City Council unanimously compliance upgrades to land- 18-0 to waive the city’s public lion for 33 rebar fabrication sets a bad precedent. approved a revision to the zon- scaping free of charge. investment policy rule that facilities and several steel mills “I wouldn’t say it’s a com- ing overlay Feb. 25 that allows requires companies to create at nationwide. It bought the monplace practice,” Wendland businesses to make compliance MMENDENHALL@ least 10 jobs to be considered properties from Gerdau S.A., said. “Most of the time with improvements without trig- JAXDAILYRECORD.COM for a REV grant. a producer of specialty steel the REV grants, you’re going gering a 10-set construction @MIMENDENHALL In return, CMC Steel told the products in the Americas. to see additional employment. review by the city. (904) 356-2466 TOP ENTREPRENEURS Coming Thursday, April 9
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JACKSONVILLE JACKSONVILLE © 2019 SWBC. All rights reserved. Loans are subject to credit and property approval. Other restrictions and conditions Daily Record // Record & Observer // JaxDailyRecord.com may apply. Programs and guidelines are subject to change without notice. Rates are subject to change daily. SWBC Mortgage Corporation, NMLS #9741 (www.nmlsconsumeraccess.org). Corporate office located at 9311 San Pedro Avenue, Suite 100, San Antonio, TX 78216. 8540-5988 12/19 325223-1 330143-1 4 JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER | THURSDAY, MARCH 5, 2020 JaxDailyRecord.com Axionlog moving forward on warehouse plans
KAREN BRUNE MATHIS EDITOR
The Argentina-based restaurant supplier is making Jacksonville its port of choice for
THE MATHIS REPORT THE MATHIS exports from the U.S. to Latin America.
Argentina-based Axionlog, a global restaurant supplier, is moving ahead on permitting for its proposed $15 million North Jacksonville warehouse Provided by JaxPort designed for expansion to Axionlog is building a distribution center near Blount Island Marine Terminal in North Jacksonville. almost 105,000 square feet of freezer and dry storage space. JaxPort announced Feb. 25 that Axionlog chose it as the ST. JOHNS COUNTY RETAIL, FOOD NOTES RESTAURANT NOTES port of choice to ship its U.S. manufactured exports bound RaceTrac to Shoppes of St. Johns proposed 104-seat Culver’s restaurant Another Broken Egg to Riverside: The for Latin America. Parkway: St. Johns County approved a at Moultrie Road and U.S. 1 South in St. city issued a permit Feb. 27 for Bryan It said Axionlog intends permit for the $1.1 million construction of Augustine. Moultrie Properties LLC owns Construction Co. to build-out space at to open the warehouse by a 6,081-square-foot RaceTrac gas station the land. 1012 Margaret St., No. 9, for Another early 2021 and that the and convenience store at 2838 County Broken Egg Café at a cost of $27,000. 38,000-square-foot facility is Road 210 W. in the Shoppes of St. Johns Island Wing to Bartram Market: The M Shack previously leased the space. expected to expand to 100,000 Parkway. St. Johns River Water Management The city issued a sign permit March 3. square feet and create 60 jobs District is reviewing plans for Island Wing within five years. Circle K to Masters Drive: Circle K asks Co. in Bartram Market. Destin-based Jersey Mike’s Subs to Mandarin The city and the St. Johns St. Johns County to rezone about 1.68 Island Wing Franchise Co. proposes a Corners: The city is reviewing a permit River Water Management acres east of Masters Drive and south of restaurant at Bartram Park Boulevard application for a $200,000 project to District are the latest to review Florida 16 to develop a convenience store and Race Track Road. Plans show a build-out 1,497 square feet of space for civil site plans and an applica- with gas pumps. 7,315-square-foot restaurant with a Jersey Mike’s Subs at 10991 San Jose tion for the proposed ware- 2,010-square-foot patio on Parcel G. Blvd., No. 6, in the Mandarin Corners house on almost 9 undevel- Culver’s to St. Augustine: St. Johns England-Thims & Miller Inc. is the civil shopping center. oped acres at Faye and New County is reviewing development for a engineer. Berlin roads. Land owner Faye Road Asso- ciates LLC, associated with V. Paulius & Associates, is the land owner and applicant. The County and start with 25 jobs. to start importing products for location, connections and ser- Its website shows offices in group is based in Allendale, JaxPort said Axionlog is a domestic distribution by 2022. vices we need to provide on- Argentina, Mexico, Venezuela, New Jersey. AVA Engineers full-service logistics provider “Axionlog uses advanced time delivery for the customers Colombia, Chile, Uruguay, Inc. of Jacksonville is the civil that consolidates and manages technology, including live car- who depend on us to get their Peru and Ecuador. engineer. the transportation of restau- go tracking, to plan, implement product where it needs to go The V. Paulius & Associates Plans show that Axion- rant supplies, including food, and control the door-to-door quickly and efficiently,” Car- website says it has designed log intends to start with a flatware, and paper and plastic logistics processes for more retero said. and built more than $1 bil- 37,220-square-foot project and products for some of the world’s than 30 restaurants in eight Axionlog.com says it is a lion of storage, distribution expand with more than 67,000 largest fast-food chains. countries including Argentina, global supply chain manager and manufacturing facilities square feet of freezer storage JaxPort said Axionlog Chile, Uruguay, Colombia, with more than 30 food- throughout the United States, and dry storage space. recently broke ground on the Peru, and more,” JaxPort said. market customers in seven Canada and Eastern Europe for The city and JEA reviewed facility near the port’s Blount Axionlog Chief Operating countries in Latin America. It clients that include Fortune preliminary project requests Island Marine Terminal. The Officer Alvaro Carretero said says it operates 11 distribution 500 companies. in January, after JAX Cham- distribution center will be in the release that supply chain centers with more than 1,000 ber announced Dec. 10 that used to consolidate, sort and efficiency and dependability employees. KMATHIS@ the logistics company would store products to be exported are a must in the restaurant It lists McDonald’s, Quiz- JAXDAILYRECORD.COM establish a consolidation/ through JaxPort. industry. nos, Subway and Dairy Queen @MATHISKB distribution facility in Duval JaxPort said Axionlog plans “Jacksonville provides the among its customers. (904) 356-2466
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2018 when Dysruptek began. BUSINESS STRATEGY He saw it as an opportunity Haskell’s Dysruptek that couldn’t be found in many other places in the industry at the time. seeking innovation “The fact that there was this strong commitment from 1,600 employees. leadership and from the board Dysruptek is a small, young to make this conscious effort component that focuses on to stand up Dysruptek and the three main goals: to invest, willingness to commit and invent and innovate. make investments in this space Cutler Knupp, who is was unlike anything else I’ve Haskell’s director of strategy seen in the market,” Knupp and technology investments, said. leads Dystruptek. The introduction of Dys- There are 14 people on the ruptek has had positive effects Dysruptek team, which is companywide, Knupp said. based in Jacksonville. The rest of the company has a KATIE GARWOOD “The industry as a whole team to evaluate technologies STAFF WRITER kind of fell into a flatline, more in the market and find alterna- or less on how productive tives. It also sparked creativity It wants to invest in projects were and how they in employees to find innovative companies “disrupting were completed,” Knupp said. solutions in their work. “There’s been an emergence of Special to the Daily Record The Dysruptek team often the architecture, venture capi- Dystruptek is the research and development arm of Haskell. consults Haskell employees engineering and tal money to find solutions to safety or that’s been productivity problems on job construction space.” pouring into delivery method. It designs, which invests in technologies sites. the space, constructs and installs smaller on Haskell’s behalf. “(The biggest value) is After spending years in a causing an modules, such as operating Knupp said the venture capi- allowing our team members to productivity “flatline,” the influx of a lot rooms, exam rooms and bath- tal firm has more knowledge of voice their ideas and help cul- construction industry is seeing of startups rooms, as well as ambulatory companies on the West Coast tivate their innovative mindset, more innovation and venture Knupp and folks and acute care facilities. Those and Bay Area, where startups and be able to take action on capital funding. from outside modules are built outside of often are located. a lot of their ideas on how we Haskell wants to be part of the industry with a lot of good the construction site. Dysruptek looks for com- can be a better organization that. ideas.” Knupp wouldn’t disclose an panies that would add to and be more innovative for our So in 2018, Haskell founded Dysruptek will test technol- exact dollar amount, but said Haskell’s overall safety, pro- customers and clients,” Knupp Dysruptek, a venture capital ogy on Haskell’s projects to see Haskell intends to invest “10s ductivity and data-collection said. and research and develop- if it benefits the company, and of millions” into technologies capabilities. Knupp said the venture capi- ment arm of the company that if so, Dystruptek invests. designed to benefit it and its Haskell established an R&D tal arm of the company will seeks out and invests in early- So far, Dysruptek has customers. innovation center in its Atlanta continue to benefit Haskell. stage tech companies that are announced an investment Dysruptek invests in prod- office to test and oversee pilot Dysruptek has several goals for “disrupting the architecture, in BLOX LLC, and it became ucts Haskell would use and projects as part of starting Haskell for the next year. engineering and construction a limited partner with Brick measures success through both Dysruptek. “We’re working to make space.” and Mortar Ventures, a ven- financial return on investment, “It’s the physical space jobsites safer, keep our people Jacksonville-based Haskell ture capital firm focused on and how a product helped a that we can bring customers safe, and drive productivity is an architecture, engineering, engineering, architecture and Haskell project work more through and show them the and efficiency.” Knupp said. construction and consulting construction management efficiently. technology we’ve invested in company. Engineer Preston companies. Haskell invested in and and built ourselves,” Knupp KGARWOOD@ Haskell launched it in 1965 and BLOX created the “design became a limited partner in said. JAXDAILYRECORD.COM it has grown to comprise about manufacture construct” Brick and Mortar Ventures, Knupp joined Haskell in (904) 356-2466
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DUVAL DUVAL $1,200,000 $1,021,500 Top 10 home sales of week 1201 First St. N., No. 704, 1243 Windsor Harbor Drive, BY SCOTT SAILER Jacksonville Beach Jacksonville STAFF WRITER Type: Acquilus II Type: Single-family Here are the top condominium Lot size: 0.42 acres 10 single-family Condominium size: 2,471 House size: 4,372 square residential real estate square feet feet sales in Northeast Buyer: Michael A. and Joyce Buyer: John H. and Sharon R. Florida, comprising F. Fineman Nielsen Baker, Clay, Duval, Seller: Steve and Patricia Seller: Daniel R. and Patricia Nassau and St. Wilson M. Sebastian Johns counties. The Previous sale: $815,000 in Previous sale: $930,000 in sales were recorded 2011 2013 Feb. 24-March 1.
DUVAL ST. JOHNS
DUVAL NEFMLS $1,100,000 $957,500 1031 First St. S., No. 602, 637 Ocean Palm Way, $3,100,000 Jacksonville Beach St. Augustine 4015 Duval Drive, Jacksonville Beach Type: Costa Verano Type: Single-family Type: Single-family About the property: Oceanfront three-story condominium Lot size: 0.2 acres RESIDENTIAL REAL ESTATE RESIDENTIAL Lot size: 0.26 acres home featuring five bedrooms, 4½ baths, Condominium size: 2,214 House size: 4,130 square House size: 3,700 square feet loft, balcony, porch, fireplace and wood deck. square feet feet Buyer: John C. and Meghan M. Starling Buyer: Laura L. Guillaume Buyer: William R. and Cindy Seller: Harris and Katherine Brown Living Trust and Steve R.. J. Newland Guillaume Living Trust Seller: Chaowarat and Sheryl Seller: Richard W. and Donna Suchoknand J. Reichow Previous sale: $918,800 in Previous sale: $960,000 in 2018 DUVAL ST. JOHNS DUVAL 2016 $2,650,000 $1,720,000 $1,507,500 DUVAL ST. JOHNS 1201 First St. N., 232 Pablo Road, 1299 Sunset View Lane, $925,000 No. 1203/1204 Ponte Vedra Beach Jacksonville $1,062,500 Jacksonville Beach 4115 Avalon Circle, 163 Rum Runner Way, Jacksonville Beach Type: Single-family Type: Single-family Saint Johns Type: Acquilus II Lot size: 0.64 acres Lot size: 0.31 acres Type: Single-family condominium House size: 3,747 square feet House size: 4,093 square Type: Townhome Lot size: 0.18 acres Condominium size: 4,595 Buyer: Ryan M. and Renee G. feet Lot size: 0.12 acres House size: 2,935 square square feet Brymer Melin Buyer: The Colleen A. House size: 3,514 square feet Buyer: Daniel J. and Carolyn Seller: Matthew and Lauren Sanchez, a Revocable Trust feet Buyer: Duane S. and Heather T. Sizemore Devereaux Seller: Jeffrey A. and Buyer: Vaughn and Leslie Freeman Seller: Bryan D. and Brandi Previous sale: $1,400,000 Christine M. Rosen Beasley Seller: Joseph Fant IV Peck in 2018 Previous sale: $1,458,400 Seller: Americrest Luxury Previous sale: $875,000 in Previous sale: $1,400,000 in 2013 Homes LLC 2017 in 2011
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JOIN US crewjax.org 200 West Forsyth Street, Suite 450 | Jacksonville, Florida 32202 330281-1 (904) 355-1155 | [email protected] 319202-1 JaxDailyRecord.com JACKSONVILLE DAILY RECORD / JACKSONVILLE RECORD & OBSERVER | THURSDAY, MARCH 5, 2020 7 Plans in review for Cheswick South in Clay County
ing plans for the expansion by Jacksonville-based agent THE SAILER REPORT of Wilford Preserve west of Gregory Matovina includes Wood Stork Trail. Phase IV of uses transitioning from com- the subdivision is an 85-acre mercial and high-density resi- parcel with 146 single-family, dential along William Burgess 50-foot-wide lots; public utili- Boulevard and the Civic Center ties; stormwater management; to retail, service and medium- and the preservation of 32 density residential and then to acres of wetlands. suburban low-density resi- Fleming Island-based Wood dential near rural and natural Development Co. is the devel- conservation areas. SCOTT SAILER oper of both projects. The county recommends STAFF WRITER approval conditioned on the Duval County developer providing a 10-acre The community public school and park site. comprises 230 single- An application is in review to rezone 44.45 acres north- St. Johns County family homes at the east of Julington Creek and extension of Cheswick Aladdin roads from residential Miami-based developer rural-acre to residential low RREF III-P-EP Bannon Lakes File image Oak Avenue. density-80 on 24.22 acres and JV LLC for Bannon Lakes is A Miami developer wants to add multifamily units to the Bannon Lakes conservation of 16.42 acres for seeking to amend its com- community in St. Augustine near World Golf Village. A new subdivision in Clay an infill single-family subdivi- prehensive plan and modify County and a multifamily sion that is compatible with its planned unit development addition to Bannon Lakes in St. zoning and development in the zoning to add 280 multifamily space and up to 15,000 square sional and medical office use, Johns are among the residen- area. The conservation area and seven single-family units. feet of office use on 22 acres. and 30,000 square feet of out- tial real estate projects in the will preserve wetlands adjacent The projected population Bannon Lakes is a 580-acre patient surgical/clinical space. pipeline for Northeast Florida. to Oldfield Creek bordering the would increase from 2,438 to mixed-use development a The developer is Jacksonville- property. 3,138 residents. half-mile east of Interstate 95 based DAR Investments Two Clay County Jacksonville-based H. Smith The changes would increase and International Golf Park- LLC, led by David Ergisi. Inc. is the applicant and agent the maximum residential den- way, approved in 2015 and n The county is reviewing a The county is reviewing for rezoning the property. sity from 999 dwelling units to amended in 2017 and 2019. concurrency application by KB plans for the 129-acre Ches- 1,286 comprising 934 single- n The St. Johns County Home Inc. for a 147-lot single- wick South subdivision, com- Nassau County family and 352 apartment, Planning and Zoning Board family subdivision, named prising 230 single-family lots. townhome or duplex units. recommended approval Feb. Brookside Preserve, on 36 It’s part of the Branan Field Plans are in review for rezon- Among the single-family 20 to rezone Fountains North, acres along Terrell Pappy Road, Master Plan at the extension of ing and a large-scale compre- homes, 95 units will be age- a 33.32-acre parcel along CE northwest of I-95 and County Cheswick Oak Avenue, west of hensive plan amendment for restricted senior housing and Wilson Road, northeast of I-95 Road 210 West. Orange Park. The site develop- 479 undeveloped acres within 839 units are not restricted. and County Road 210 with The property also is being ment includes 50-foot-wide the William Burgess Overlay The multifamily residential access through The Fountains. rezoned from open rural to lots; 3.18 acres of open space District north and south along will comprise 72 age-restricted Zoning would change from PUD. and recreation; public utilities, William Burgess Boulevard, senior units and 280 unre- open rural to PUD to allow stormwater management; and between Harvester Street and stricted units. 300 multifamily units, 120 SSAILER@ 43 acres of wetlands preserva- the Robert M. Foster Justice Bannon Lakes would retain age-restricted units, 200,000 JAXDAILYRECORD.COM tion. Center. its approval for up to 105,000 square feet of retail space, (904) 356-2466 n The county is review- The proposed development square feet of commercial 80,000 square feet of profes-
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on Jan. 21 that Phase II could be SHIPYARDS AND BEYOND Lot J nearly $200 million on top of the Smith’s presentation offered Phase I Lot J investment, bringing new information on Lot J and the CONTINUED FROM PAGE 1 the development to between $650 Shipyards since Lamping deliv- million and $700 million. ered the State of the Franchise on hotel and two parcels of low-rise Future residential expansion is April 18, 2019. residential that Smith said would shown north of Lot J on what is Smith said waterfront residen- include 200 units. now surface parking west of the tial development is the goal for Phase II is west of Lot J at what stadium bordered by 121 Financial the Shipyards project southwest is a retention pond at North Geor- Ballpark. of Lot J, and Cordish sees that gia Street and Gator Bowl Boule- Smith said Cordish is working as the best site for a Downtown vard. with the Jaguars to incorporate a convention center and hotel. The The renderings appear to shift Jaguars retail store or a “Jags Fit” Jaguars have talked about a con- Lot J’s proposed Class A office 24-hour fitness center into Lot J. vention center on the site. space to Phase II, which includes Other teams, including the San “Ultimately, we’ll have resi- a high-rise residential tower and a Francisco 49ers and Dallas Cow- Photo by Karen Brune Mathist dential on the waterfront. We mixed-use office/residential tower. boys, have opened public NFL- The Cordish Companies COO Zed Smith, right, after speaking to the Meni- want to do a hotel with condo- “We’ve taken this a long way, branded fitness centers, accord- nak Club of Jacksonville. At center is club President Wes Benwick. miniums for sale, so those folks so what you see is what we’ll ing to Forbes.com. living there would have a priority build,” Smith said to the group of The low-rise residential devel- on marina space,” Smith said. 56 Meninak members and guests opment would feature ground- the Live! Arena, infrastructure developer of The Jacksonville For Cordish, it was the size of meeting at the Doubletree by Hil- floor restaurant space and the improvements and a develop- Landing. He joined Cordish in the combined developments that ton Hotel Jacksonville Riverfront. high-rise residential tower could ment grant. 2002. drew the company to partner with Smith said the 175,000-square- have ground-floor retail, Smith Smith said crews could begin Cordish partnered with profes- the Jaguars. foot office tower can support 800 said. environmental remediation at sional sports teams, including the Smith said Cordish and the Jag- employees. A parking garage will The developer also is in pre- Lot J by summer, but he doesn’t St. Louis Cardinals and the Texas uars are “shoulder-to-shoulder” connect the Phase II buildings liminary talks with a local grocery expect vertical construction until Rangers, for multiphase, mixed- on their investment. and a park is proposed for the site. operator for a store at Lot J, Smith June 2021. use developments anchored by In a response to a question from “As you can see, we’ve got resi- said. After his presentation, he DIA board member Ron Moody the team stadiums. the Meninak audience, Smith said dential heavily ingrained in our said a 10,000- to 15,000-square- is a Meninak member and will The Cardinals partnership pro- he doesn’t see the Jaguars’ deci- development here because we foot concept could work in the vote on the development agree- duced Ballpark Village, a seven- sion to move a second home game need that critical mass to make development. ment. He attended the March 2 block entertainment, office and to Wembley Stadium in London for all this work,” Smith said. Smith expects Lot J to cre- meeting. residential development adjacent the 2020 season as a precursor to The Jaguars and Cordish will ate 1,000 construction jobs and In a phone interview March 4, to Busch Stadium. the team leaving Jacksonville. need to find a tenant for the tower. 1,025 permanent jobs between the Moody said Smith’s presentation Smith said Phase II of the Car- “We’re putting our money in, “The office building is really office tenants and hotel. had the most information he’s dinals project is in development — they’re putting their money in,” driving the Phase II develop- seen on the Lot J and Shipyards a $260 million, 700,000-square- he said of the Lot J and Shipyards ment,” Smith said after the pre- PROJECT TIMELINE proposal. foot project that includes a Live! development. sentation. “If we’re successful in Smith said he expects a final “It’s just the next step in what by Loews hotel, 29-story resi- “These kind of developments identifying an office tenant, we development agreement with the needs to take place in that area,” dential tower, and a Class A office allow (the Jaguars) to generate more will build that office tower.” city to be ready for consideration Moody said. “It is very encourag- building. revenue. That’s their total focus Smith said there must be a mar- by the Downtown Investment ing. We’ve waited a long time but Smith told Meninak that tax- here is how do they become more ket for the tower to start develop- Authority and City Council in the now we need to see some action.” payer-backed investment from successful here in Jacksonville,” ment. next 30 to 60 days after nearly a The Jaguars declined to provide city partners is typical in Cordish Smith said. “We certainly hope that “We can build a lot of things, year of negotiations. He did not the Daily Record images and ren- developments. the team stays here. We’re betting but office you don’t want to talk about details of that deal. derings from Smith’s presenta- Kansas City, Missouri, invested on the team staying here.” speculate on,” Smith told Meni- Mayor Lenny Curry’s adminis- tion. about $300 million in infrastruc- nak members. tration has proposed $233.3 mil- ture improvements when it part- MMENDENHALL@ Jaguars President Mark Lamp- lion in total city investment. CORDISH PORTFOLIO nered with Cordish to develop the JAXDAILYRECORD.COM ing told the Jacksonville Daily That includes $208 mil- Smith began his real estate 14-block Power & Light District, @MIMENDENHALL Record and Record & Observer lion toward the development of career with The Rouse Company, Smith said. (904) 356-2466
Timothy J. McDermott
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PLANNING LOT J AND BEYOND Zed Smith, chief operating officer of The Cordish Companies, showed images of plans for the Lot J, TIAA Bank Field and Jacksonville Shipyards areas to the Meninak Club of Jacksonville on March 2. Cordish is working with the Jaguars to develop the area between Downtown and the stadium.
A promenade starts at the St. Johns River and extends past the west side of TIAA Bank Two towers connected by a parking garage would make up Lot J Phase II, the area west Field. To the left is a park, marina and convention center in a future phase. of Lot J.
Photos by Mike Mendenhall The Lot J area west of Daily’s Place comprises the Live! Arena, a hotel, residential and A pedestrian courtyard in the middle of the Lot J area west of Daily’s Place. office buildings. The large towers on the right are part of the second phase. Homes Ready Now In Aberdeen! SUTHERLAND FOREST Homes From The Mid $200’s* • Established St. Johns county community minutes from shopping & dining in Julington Creek & Mandarin, convenient to Racetrack Rd, CR-210 & I-95 • Community sports complex including wooded walking & biking trails, 25 acre park & lighted sports fi elds Resort Style Amenity Center!
Pool, Clubhouse, Fitness Center, Playgrounds & More! New Freedom Crossing Academy K-8 school within the community now open! Two Fully Located on Longleaf Pine Pkwy just South Decorated Model of Racetrack Road in St. Johns county Homes Open Daily! (904) 899-5967 • www.drhorton.com/nfl 319328-1 *Home and community information, including pricing, included features, terms, availability 1252 Shetland Dr. St. Johns, Florida 32259 and amenities are subject to change and prior sale at any time without notice or obligation. Directions: From I-295, take exit 5B/San Jose Blvd South for 4.5 miles See your new home consultant for details. Pictures, elevations, features, sizes and and turn left on Race Track Road. Travel 4.1 miles and turn right on colors are approximate for illustration purposes only and will vary from the homes Veterans Pkwy, then right on Longleaf Pine Pkwy for approximately 1.3 as built. CBC058997 ©2019 D.R. Horton, Inc. All rights reserved. miles to Aberdeen Sutherland Forest on the left at Shetland Dr. 10 JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER | THURSDAY, MARCH 5, 2020 JaxDailyRecord.com Top commercial sales of the week
BY SCOTT SAILER • STAFF WRITER Here are the top 10 commercial real estate sales in Northeast Florida, comprising Baker,
Clay, Duval, Nassau and St. Johns counties. File image The sales were recorded Feb. 24- March 1. Spinnaker Reach Apartments sold for $42.35 million, 208% more than the $13.75 million it sold for in 2014.
DUVAL CLAY ST. JOHNS DUVAL DUVAL $42,348,402 $10,550,000 $10,200,000 $6,225,000 $4,803,125 3875 San Pablo Road S., 606 Park Ave., 150 Mariner Health Way, 1800 Edgewood Ave. W., 13090 City Station Drive, Jacksonville Orange Park St. Augustine Jacksonville Jacksonville
Type: Spinnaker Reach Type: Promenade Park Type: Brookdale Senior Type: Rosalind Villas Senior Type: Red Lobster
COMMERCIAL REAL ESTATE COMMERCIAL Apartments Avenue Apartments Living – St. Augustine Apartments Parcel size: 1.7 acres Parcel size: 16.87 acres Parcel size: 1.41 acres Parcel size: 4.13 acres Parcel size: 10.35 acres Building size: 7,303 square Apartment units: 288 Buyer: Promenade Park Building size: 55,497 square Buyer: Tralee Rays Rosalind feet Buyer: SREIT Spinnaker Holdings LLC feet Villas Senior LLC Buyer: The Mark J. Freitag Reach LLC Seller: QPG Park Avenue Buyer: BKD St. Augustine Seller: Rosalind Villas LP Trust of 1988 Seller: LCA Spinnaker Reach Apartments LLC LLC Seller: RL Jacksonville LLC LP Previous sale: $6,740,000 Seller: HCP St. Augustine Previous sale: $4,183,800 Previous sale: $13,750,000 in 2017 LLC in 2016 in 2014 Previous sale: $11,400,000 in 2005
DUVAL NASSAU DUVAL ST. JOHNS DUVAL $3,500,000 $3,272,102 $2,600,000 $2,325,000 $1,995,722 9000 Southside Blvd., 852396 U.S. 17 4483 Southside Blvd., Marquesa Circle and Rum 300 Anastasia Blvd., No. 900, Jacksonville Yulee Jacksonville Runner Way, Beachwalk Jacksonville
Type: School Type: Terra Gaucha Brazilian 31 residential lots in Type: Service station Type: Service station Type: Parcel size: 4.55 acres Steakhouse Beachwalk Parcel size: 0.52 acres Parcel size: 1.27 acres Building size: Two buildings Parcel size: 1.16 acres Not available Building size: Two buildings Building size: 3,638 square Parcel size: totaling 44,932 square feet 6,440 square totaling 2,318 square feet feet Building size: Buyer: Lennar Homes LLC Buyer: Jacksonville School feet BVO LLC Buyer: ECM-BG2- Buyer: ECM-BG2-Yulee FL-1- Seller: for Autism Inc. Southern Braz Realty Jacksonville FL-7-UT LLC UT LLC Buyer: Seller: Glen Southside LLC LLC Seller: Boca Gas Co. Seller: Boca Gas Co. Kobe Inc. Holdings 2 LLC Holdings 2 LLC Seller:
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BUSINESS CALENDAR
To find more business events or to submit your event to the the business calendar, visit jaxdailyrecord.com/calendar.
MARCH 31 Economic overview at NAIOP: Re- searcher and economist K.C. Conway will present the “Economic Outlook & Overview of CRE Influences” on March 31 at an event at the Sheraton Jacksonville sponsored by the NAIOP Commercial Real Estate Development Association Northeast Florida Chapter and the Florida CCIM North District. Conway is director of research and corporate engagement at the Alabama Center for Real Estate and chief economist at the CCIM Institute. Registration starts at 11:30 a.m. followed by lunch at noon and the program at 12:30 p.m. The Sheraton File image Jacksonville is at 10605 Deerwood Park Emily Lisska, former executive director Blvd. Registration is $35 for NAIOP and of the Jacksonville Historical Society, will CCIM members and $55 for nonmem- speak to the organization March 18. bers and guests. Tables of eight seats are available. Registration is due by noon MARCH 18 March 26. For information and registra- Women in history: The Jacksonville tion, visit naiopnefl.com. Historical Society Speaker Series will present “Remarkable Women in North Florida History” with guest speaker Emily Lisska, former executive director of the society. The event is March 18 at We Make a Old St. Andrew’s Church at 317 A. Philip “ Randolph Blvd. Doors open at 11 a.m., lunch is available at 11:30 a.m. and the program starts at noon. Tickets including Difference a box lunch are $15. Without the lunch, admission is free for society members “One of the main reasons I love my job is and nonmembers are suggested to make it gives me the opportunity to be out in a $10 donation. For registration and information, visit jaxhistory.org. the community and constantly meet new File image people. I thrive on that. I would go crazy MARCH 26 K.C. Conway, director of research and sitting at a desk all day. Cybersecurity at FSCJ: Florida State corporate engagement at the Alabama College at Jacksonville will present a Center for Real Estate and chief economist free event, “Cybersecurity is Everyone’s at the CCIM Institute, will speak to NAIOP “After I call on potential customers or talk Business: Why it Matters to You” pro- March 31 . to my existing customers, I always feel gram and workshops, March 26 as part like I’m in the know. I’m always learning of its Business Speaker Series. The event APRIL 29 is scheduled 9 a.m. to 1:30 p.m. at the Disruptors in health care: Florida State about business and what’s going on in the FSCJ Advanced Technology Center at College at Jacksonville scheduled a “Dis- community. 401 W. State St. Downtown. Lunch will be ruptors in Health Panel” with Baptist MD provided. Kevin Johnson, CEO of Secure Anderson Cancer Center on April 29 as Ideas, is the lunch keynote speaker. His part of the FSCJ Business Speaker Series. “Those are great things that make it topic is “The Inside Man: Email Com- The event is 9-10:30 a.m. at the FSCJ Ad- exciting to be part of a local news media promise and Business Identity Theft.” vanced Technology Center at 401 W. State company. You really feel like you’re The series is presented by FirstFlorida St. Downtown. Action News Jax anchor Credit Union. Visit https://www.fscj.edu/ Tenikka Hughes will moderate the panel. involved and working to make your business-speakers for registration and The series is presented by FirstFlorida community a better place. information. Credit Union. Visit https://www.fscj.edu/ business-speakers for information. “We make a difference. That’s a great feeling.”
Beth Jacobson DEVELOPMENT TODAY Multimedia Advertising Executive These are the largest commercial building permits by job cost issued Tuesday by the Sarasota Observer city of Jacksonville. CONDOMINIUMS Ascension St. Vincent’s, Emergency, Be a part of our success. Join Montreux at Deerwood Condominium Entrance, Ambulance, 9820 Hutchinson Association Inc., 8550 Touchton Road, Park Drive, contractor is iVisual Inc., the Observer Media Group’s contractor is Workhorse Projects LLC, eight permits for wall signs, $9,000. multimedia advertising team at alteration, $25,000. Beeline, 12735 Gran Bay Parkway W., contractor is Stellar Sign and Design the Jacksonville Daily Record. INDUSTRIAL LLC, wall sign, $7,200. Amazon AMXL HJX1, 2780 Lloyd Road, RV Club USA, 13591 N. Main St., contractor is Rick J Wilson & Associates contractor is Advanced Electrical Inc., 11,015 square feet, tenant build-out, Contractors Inc., ground sign, $2,400. $1.4 million. Collins Aerospace, 19531 Busch Drive JB Coxwell Contracting Inc., 2881 Lloyd N., contractor is iVisual Inc., wall sign, Road, contractor is Miller Electric Co., $2,400. Please send resume install solar electric system, $79,000. Another Broken Egg, 1012 Margaret St., and cover letter to: No. 9, contractor is Advanced Electrical SIGNS Contractors Inc., wall sign, $1,500. Matt Walsh St. John the Divine Greek Orthodox Church, 12760 Beach Blvd., contractor is Compiled by Scott Sailer 10 N. Newnan St. Sauer Inc., monument sign, $20,000. Jacksonville, Fla. 32202 [email protected]
PEOPLE ON THE MOVE
Promotions, hirings and happenings for business people in Northeast Florida. Send items to [email protected]
Scott Kornberg was named WSOL-FM 102.3, known as the play-by-play broadcaster Sunny 102.3 Jacksonville’s for the Jacksonville Jumbo Greatest Hits. Kornberg will Shrimp, broadcasting all 140 continue his role in media and regular-season games on the public relations for the Jumbo Kornberg Jumbo Shrimp Network on Shrimp. 328892-1 12 JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER | THURSDAY, MARCH 5, 2020 JaxDailyRecord.com Stein Mart board feared for future
said the company eliminated demographic trends are help- 10 jobs at the end of 2019 but ing St. Joe. it still employs about 4,000 “Record numbers of Ameri- people, including 120 in Jack- cans are working and retiring sonville. in Florida,” he said. With Rayonier AM’s stock “The company, with part- price already beaten down by ners, has ignited residential its poor results throughout the and hospitality operations to year, the stock wasn’t impacted meet accelerating demand. much by the report in a week Over 900 homesites are under when the entire market was contract – four times more MARK BASCH than two years ago.” CONTRIBUTING WRITER melting down. Rayonier AM fell 30 cents to Berkowitz is chief invest- $2.45 last week. ment officer of Fairholme, The Jacksonville-based D.A. Davidson analyst which controls 44.3% of St. Steven Chercover said in a Joe’s stock. retailer accepted a research note that “2019 was St. Joe, formerly based in buyout offer from the definition of a perfect Jacksonville, is headquartered storm” and he maintained his in WaterSound in the Florida
THE BASCH REPORT THE BASCH Kingswood Capital File image “buy” rating on the stock. Panhandle, near most of the Management in The Stein Mart board discussed the possibility of Chapter 11 bankrupt- “We feel reasonably confi- company’s development cy reorganization and concluded the company likely would not survive. dent that 2020 will be better activities. January. with commodity prices on the rebound, but coronavirus, Publix sales rise Before Stein Mart Inc. agreed the offer to $1.10 in July and positive signs in the region,” he poor execution, or plain bad to a buyout offer in January cut it further to 75 cents in said. luck could ruin the script for a to $9.8 billion by private equity firm King- early January after weak holi- “On the trade dispute, the happy ending,” he said. Publix Super Markets Inc. swood Capital Management, day season results. Chinese government recently RBC Capital Markets ana- said March 2 fourth-quarter its board had concerns about After Kingswood agreed to announced it will allow pur- lyst Paul Quinn maintained sales rose 5.1% to $9.8 billion the Jacksonville-based fashion raise the price to 90 cents, the chasers for certain products his “outperform” rating on and sales at stores open for retailer surviving on its own. board accepted the offer Jan. including cellulose special- Rayonier AM after last week’s more than one year rose by According to a proxy state- 28 with the stock trading at 65 ties, viscose and fluff pulp, to report. 3.6% ment filed March 2 by Stein cents. apply for exemptions from the “While we expect that Earnings excluding securi- Mart for shareholders to vote The initial proxy state- tariffs,” he said. operations will improve, we ties transactions rose by a on the proposal, board mem- ment didn’t set the date of the “We are working with our think that continued weak- penny to 93 cents a share. bers discussed the issues with shareholder meeting to vote on customers ness in commodity markets The Lakeland-based super- law firm Foley & Lardner and the proposal. and expect (except lumber) will slow the market chain said based on the investment banker PJ Solomon to receive turnaround,” Quinn said in his latest appraisal, its stock price Securities in January. Coronavirus spares exemptions note. rose from $47.10 at the end of “The Board expressed later in the “Despite this, our expecta- 2019 to $48.90 as of March 1. concern that, over the long- Rayonier AM first quarter tion is that pricing will eventu- Publix’s stock is not publicly term, the Company faced the In the middle of last week’s or early in ally normalize, unlocking the traded and is made available potential risk of failure as a market meltdown, Rayonier the second earnings power of the com- for sale only to company result of any future contraction Advanced Materials Inc. Boynton quarter.” pany’s assets,” he said. employees. of working capital, continued reported a big loss for 2019. The tariff The price is determined by decline in sales or one of the At least the Jacksonville- dispute is a long-term concern St. Joe sales jump an independent valuation five many other challenges facing based company said the coro- but the short-term disruption times a year. the Company and that such navirus is not impacting its of business in China from the in fourth quarter The company opened 35 failure would likely result in business in China. coronavirus is not an issue so The St. Joe Co. reported supermarkets and closed seven major financial losses to the Rayonier AM reported a loss far for Rayonier AM. improved fourth-quarter in 2019, ending the year with unsecured trade creditors and from continuing operations “In light of the ongoing results as the real estate devel- 1,239 stores in seven states. the loss of the jobs of all the of $57 million for the fourth health crisis in China, we opment company increased employees and loss of value for quarter and $119 million for the are pleased to report that to sales in 2019. Trailer Bridge the shareholders,” the proxy full year. date, cellulose specialties Revenue grew from $16.3 said. “We faced a number of chal- sales orders, shipments and million in the fourth quarter results drop It also discussed the possibil- lenges as the impact of global cash collections from our key of 2018 to $42.6 million in last Jacksonville-based Trailer ity of a Chapter 11 bankruptcy trade disputes and tariffs led to Chinese customers continue to year’s fourth quarter, St. Joe Bridge Inc. recorded a drop in reorganization “and concluded a general collapse in the pricing flow at normal levels,” Boynton reported last week. revenue and earnings in 2019, the Company likely would not from our commodity prod- said. With that gain, St. Joe according to Seacor Holdings survive bankruptcy as a going ucts, including high yield pulp, Rayonier AM is continuing to recorded a profit of $8.7 mil- Inc.’s annual report. concern due to the likely con- lumber, fluff and viscose,” CEO cut expenses to try and offset lion, or 15 cents a share, com- Revenue fell 8.8% to $158.3 traction of available credit from Paul Boynton said in the com- the pricing issues. The com- pared with a slight loss in the million and earnings fell from vendors and factors.” pany’s conference call with pany said it is targeting $60 fourth quarter of 2018. $16.5 million in 2018 to $3.8 So, the board determined the analysts. million to $70 million in new St. Joe said it increased sales million last year. buyout offer by Kingswood was China is a concern because cost-saving measures, includ- of residential homesites and Fort Lauderdale-based Sea- the best option. the company, which reported ing $10 million to $15 million in commercial transactions, and cor owns a 55% noncontrol- As PJ Solomon solicited bids 2019 revenue of $1.78 bil- corporate costs. also profited from the sale of ling interest in Trailer Bridge, last year, Kingswood in May lion, sells about $230 million “These (corporate) cost nonstrategic rural land in Leon which provides marine freight proposed a deal to buy Stein of products in that country, reductions will come from a County. service between Jackson- Mart’s shares for $1.50 each. Boynton said. combination of headcount St. Joe Chairman Bruce ville and Puerto Rico and the However, as Stein Mart’s “While we see challenges reductions implemented in late Berkowitz said in his annual Dominican Republic. financial performance contin- in China related to the trade 2019 and reduction of external letter to clients of his invest- ued to disappoint, Kingswood disputes and ongoing health services,” Boynton said. ment company, Fairholme MBASCH@ lowered the price. It reduced crisis, there are also many A Rayonier AM spokesman Capital Management, that JAXDAILYRECORD.COM
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ing Clay, Duval and Nassau 19th Biennial Convention THE MARBUT REPORT counties. James “Jim” Woodson Alumni “My appointment said to the Luncheon in Montgomery, community at large that we Alabama. The association will were recognized. It was never present her the President’s about being a black judge for Award that honors significant black people. I wanted to make professional and community a difference with all people,” accomplishments made by Drake said. Tuskegee University alumni. For nearly 22 years, Drake presided over cases such as small claims, traffic court and misdemeanors. “County court is the best place to change lives. I lis- tened to people and helped them understand the process, gave them the tools to get to Cobb Gonzalez personal accountability,” Drake said. Cobb, Gonzalez She served on local and state Bar committees, including as create endowment Photo provided by 4th Judicial Circuit Court chair of The Florida Bar Small Attorneys Christopher Cobb At Duval County Judge Pauline Drake’s retirement ceremony, she showed portraits of her great-grandpar- Claims Rules Committee. Her and James Gonzalez estab- ents that have been displayed in her office at the courthouse since she was appointed to the bench in 1998. professional volunteer work lished the Cobb & Gonzalez Drake shared their stories with her grandchildren, from left, Jeremiah Desir, Selah Grace Desir and Michael included the D.W. Perkins Construction Scholarship Desir, of overcoming adversity. Bar Association, the Jackson- Endowment at the University ville Bar Association and the of North Florida. Conference of County Court The endowment will cre- Judges. ate scholarships for students Judge Pauline Drake retires As for her semiretirement, enrolled in the UNF Construc- Drake said she will work with tion Management Program, the James Lee Coon Jr. African with preference to student- Duval County Judge Pau- University of Alabama in Bir- American History Brain Brawl athletes. line Drake retired Feb. 27 in a mingham. for public school students. The law partners are for- ceremony at the Duval County She left the classroom in She also will volunteer with mer collegiate baseball play- Courthouse attended by her 1982 to enter the University of the Northeast Florida Healthy ers. Cobb serves on the UNF family, friends and colleagues. Florida Levin College of Law. Start Coalition to help reduce Construction Management She’s using the term “retire- After graduating, she served infant mortality and improve Program board of advisers. ment” loosely. as an assistant state attorney the health of children and “As former athletes, we “I have retired from the in Jacksonville for four years, families. understand the hard work bench, but I have not retired then as regional legal adviser at “I might also volunteer to and dedication that goes into from the community,” Drake the Florida Department of Law help children with special being the best you can be. We said a few days later. Enforcement before working in needs,” Drake said. are truly blessed to be able to MAX MARBUT Transition is not new to her. private practice. Like most people who retire, offer this opportunity for the ASSOCIATE EDITOR Drake first worked as a The late Gov. Lawton Chiles Drake said she plans to spend students at UNF,” Cobb said in teacher. She received a bach- appointed her to the Duval time with her family and to a news release. ‘I’ve retired from the elor’s in elementary education County Court in 1998. She travel. from Tuskegee University in became the first black female She will be the featured MMARBUT@ bench, but not from the 1974 and then a master’s in appointed to the bench in the speaker Aug. 7 at the Tuskegee JAXDAILYRECORD.COM community,’ she says. special education from the 4th Judicial Circuit, compris- National Alumni Association’s (904) 356-2466
Vote W. Braxton Gillam, IV for The Florida Bar Board of Governors
I appreciate the support I have received from members of the Bar, including the following Bar leaders:
Past Presidents of Howard C. Coker Current & Past Fred D. Franklin, Jr. The Florida Bar: Henry M. Coxe, III Florida Bar Board Michael Fox Orr John A. DeVault, III of Governors: S. Grier Wells Rutledge (Rut) R. Liles
Current & Past Geddes D. Anderson, Jr. Courtney K. Grimm Presidents of the Jeptha F. Barbour Christopher (Chris) C. Hazelip Jacksonville Bar Daniel K. Bean William (Bill) L. Joel Association: Stephen D. Busey Reginald Luster Giselle Carson Marc M. Mayo T.A. (Tad) Delegal, III James (Jim) F. Mosely, Jr. G. Ray Driver, Jr. Alan M. Pickert Thomas (Tom) S. Edwards, Jr. Michael (Mike) G. Prendergast Elizabeth B. Ferguson Troy K. Smith Michael R. Freed
Thomas E. Bishop - Past Chairman of Executive Council of Trial Lawyers Section of The Florida Bar Amber R. Donley - Past President of D.W. Perkins Bar Association Christian P. George - Past President of Florida Bar Young Lawyers Division Craig A. Gibbs - Past Chairman of Executive Council of Trial Lawyers Section of The Florida Bar Corinne C. Hodak - President-Elect of Jacksonville Chapter of American Board of Trial Advocates Jamie W. Karpman - Past President of Jacksonville Women Lawyers Association Curry Pajcic - Past President of Jacksonville Chapter of American Board of Trial Advocates Jennifer Shoaf Richardson - Past President of Jacksonville Women Lawyers Association
Voting begins February 28, 2020 and ends March 23, 2020 331172-1 14 THE BAR BULLETIN | THURSDAY, MARCH 5, 2020 BThear Bulletin PROTECTING RIGHTS • PURSUING JUSTICE • PROMOTING PROFESSIONALISM
THE19TH AMENDMENT INSIDE A CENTENNIAL CELEBRATION CHILI COOK-OFF Taking home the championship Winners of the 2020 YLS Charity Chili Cook-Off. PAGE 19
COMMENTARY What’s behind the stucco lawsuits Instead of offering individualized legal services, certain law firms are providing mass market representation in an assembly-line fashion, not unlike foreclosure mills during the Great Recession. PAGE 18
Image provided by American Bar Association The American Bar Association’s 19th Amendment traveling exhibit was on display last month at Louisiana State University Law Center. It’s coming to the Duval County Courthouse on March 23.
An exhibit marking the 100th anniversary of amendment guaranteeing women the right to vote opens March 23 at the Duval County Courthouse.
BY HELEN PEACOCK ROBERSON well as current issues of disenfranchise- JACKSONVILLE CHAPTER OF THE ment and voter suppression. FEDERAL BAR ASSOCIATION PRESIDENT The exhibit won a 2019 American Graphic Design Award from Graphic COMMENTARY BY SARAH MANNION Design USA. JACKSONVILLE WOMEN LAWYERS It will be displayed March 23-April 3 Be honest about ASSOCIATION PRESIDENT on the first floor of the Duval County To commemorate the 100th anniver- Roberson Mannion Courthouse at 501 W. Adams St. your mental health sary of the passage of 19th Amendment, The local presentation is a collabora- The reality is nearly every one which guarantees women the right to Their Legacy and Our Future.” tion of the U.S. District Court for the of us is facing our own mental vote, the American Bar Association’s The exhibit features historic photos Middle District of Florida, Jacksonville and emotional battles daily. Standing Committee on the Law Library and information detailing the story of Division; 4th Judicial Circuit Court; PAGE 16 of Congress created a traveling exhibit, the suffrage movement, including post- “100 Years After the 19th Amendment: 1920 efforts to expand voting rights as SEE CELEBRATION, PAGE 19
FROMPROCOMMENTARY BONO THE PRESIDENT A new look at arbitration and home warranties Plain language plaint against the builder/seller structural warranty and the trial tural Defect: determines how a of their home, Taylor Morrison. court granted the motion. e) brick, stucco, stone or veneer The homeowners alleged The homeowners then Further, the homeowners noted dispute may be resolved, damages to their home due to appealed the trial court’s ruling, the structural warranty provided court rules. violations of the Florida Build- arguing the structural war- a definition of “major structural ing Code related to the stucco ranty specifically laid out items defect”: installation. that were excluded and were, BY ELIZABETH FERGUSON Ferguson Sander Although Taylor Morrison therefore, not subject to arbitra- A Major Structural Defect is & AVERY SANDER had provided a 10-year struc- tion pursuant to the arbitration defined as a defect which causes In a recent case out of Florida’s determines which issues are tural warranty on the home, the provision: actual physical damage to the 1st District Court of Appeal, the arbitrable. homeowners did not allege a load-bearing elements of your court took a look at the interplay In Wiener v. Taylor Morrison claim under the structural war- 6. This warranty does not apply home (described below), which between structural warran- Services Inc., et al., 2019 Fla. ranty. Taylor Morrison moved to to non-load-bearing elements damage is caused by the failure ties and arbitration, ruling the App. LEXIS 18805 (December 19, stay the proceedings and compel which are deemed NOT to have plain language of the warranty 2019), homeowners filed a com- arbitration pursuant to the the potential for a Major Struc- SEE WARRANTIES, PAGE 18 THE BAR BULLETIN | THURSDAY, MARCH 5, 2020 15
PROFROM BONO THE PRESIDENT JBA CALENDAR
COMMITTEE MEETINGS Essential assistance For all meetings, register at jaxbar.org MARCH 10 Elder Law for low-income people Noon, Jacksonville Bar Association MARCH 10 Judicial Relations Noon, Duval County Courthouse
MARCH 12 Labor & Employment Noon, Jacksonville Bar Association
MARCH 16 Pro Bono Noon, Jacksonville Bar Association
SARAH SULLIVAN UPCOMING EVENTS JBA PRO BONO COMMITTEE For all events, register at jaxbar.org Voluntary Bar associations carry out their mission.
One of the benefits of membership in a voluntary Bar association is the opportunity to provide pro bono assis- tance to low-income people alongside colleagues who share a common mis- sion. For example, the American Inns of Court’s mission is to “advance the rule of law by achieving the highest level of professionalism through example, education and mentoring.” In furtherance of that mission, lawyers from the Florida Family Law American Inn of Court provided legal advice to survivors of domestic violence at the Hubbard House Outreach Center during Domestic Violence Awareness Special to the Daily Record Month in October. Katrina Hamilton, administrative officer for D.W Perkins, participated in the clinic by performing MARCH 25 In cooperation with Three Rivers background checks and case management. Jacksonville Bar Association Member Legal Services, Hubbard House assisted Luncheon in screening clients. General Magistrate Noon, DoubleTree by Hilton Hotel Beth Luna, outreach chair for Florida with other service providers such as ing the seal or expungement was com- Jacksonville Riverfront Family Law Inn, organized the event Three Rivers to assist in removing barri- pleted. after seeing a need for self-represented ers that may keep River Region’s clients “Our members look forward to MARCH 26 litigants to be better prepared in family from continued success in sobriety. partnering with Three Rivers doing the Young Lawyers Section Happy Hour court. The D.W. Perkins Bar Association’s seal-and-expunge clinic. It is a win- 5:30 p.m., The Players Grille “This event was mission is to be that of a change agent win event. Attorneys get briefed on Register at jaxbar.org really helpful because to improve the plight of the African new legal develop- pro se litigants came American community and to combat ments and earn pro prepared to ask ques- the effects of racial and social injustice. bono hours while the tions and attorneys Providing pro bono help for the clinic clients get a chance Keep involved were able to provide provided an opportunity for attorneys at a fresh start,” said in the JBA more substantial legal to not only earn pro bono credit, but LaToya Williams, Luna advice, which can be also provide access to justice for low- D.W. Perkins presi- The driving force behind this organization of great comfort for income people consistent with D.W. dent. is the active participation of its members. a survivor of intimate violence.” Luna Perkins’ mission. The Jacksonville Williams Please give the association the benefit of said. Katrina Hamilton, administrative Beaches Bar Associa- your ideas and talents by volunteering to In November, members of the D.W. officer for D.W Perkins, participated in tion partnered with Jericho Road Legal serve on one or more of the committees Perkins Bar Association assisted Three the clinic by performing background Service Ministry and Three Rivers Feb. shown on the JBA website. With your Rivers Legal Services in a seal-and- checks and case management for the 22 to serve clients at an Atlantic Beach active involvement, this association expunge legal clinic at River Region applicants. legal clinic. will flourish. To join or change your Human Services, a nonprofit that pro- “Members of D.W. Perkins look for- Clients were screened and scheduled committee preferences, open your web vides integrated health services includ- ward to participating in events that, in for appointments so that attorneys profile at jaxbar.org and click on “Join a ing substance abuse treatment, mental particular, allow us to work together in could be matched by area of law. They Committee.” health services and helping citizens gain access to resources presented varying civil legal issues and housing. previously denied to them due to past JBBA members provided 15 hours of Esmin Shakespeare, mistakes, consistent with our mission volunteer service. River Region’s senior and objectives,” Hamilton said. director of social Attorneys received an hourlong train- If you lead an organization or a law services, outreach and ing on seal-and-expunge law including firm and would like to participate prevention, identified recent changes. They met with River in a pro bono event, contact Sarah the need for a clinic Region clients and assisted in complet- Sullivan, pro bono director for the for people trying Shakespeare ing the Florida Department of Law Jacksonville office of Three Rivers to re-integrate into Enforcement Certificate of Eligibility Legal Services, at (904) 423-8966 or society. packet. Missy Davenport, pro bono director for The agency provides programs for If eligible, clients received further Jacksonville Area Legal Aid, at (904) what lies beyond recovery and partners assistance from Three Rivers in ensur- 356-8371.
THE JACKSONVILLE BAR ASSOCIATION LEADERSHIP BOARD OF GOVERNORS MEMBERS EDITORIAL COMMITTEE President Secretary Brian T. Coughlin Adina Pollan Editor-in-chief Elizabeth Ferguson Fraz Ahmed Bedell Firm Pollan Legal Kelly Karstaedt Marshall Dennehey Warner Coker Law Jacksonville Justice Association | ABOTA Coleman & Goggin Christian P. George Asghar A. Syed Young Lawyers Section Akerman Gunster Editors President-elect President Jamie Karpman Iana Benjamin Kirsten Oliver Michelle Bedoya Barnett Alessandro Apolito Cyndy Trimmer U.S. Department of Housing Cordell & Cordell Law Offices of Alexander DeGance Barnett Lippes Mathias Wexler Friedman Driver, McAfee, and Urban Development William W. Kurtz, Jr. Hawthorne & Diebenow Ashlea Edwards Treasurer Executive Director Blane McCarthy Akerman Michael Fox Orr Craig Shoup Blane McCarthy Lindsay L. Tygart Orr | Cook Coker Law 16 THE BAR BULLETIN | THURSDAY, MARCH 5, 2020
The reality is nearly every one of us is facing our own mental and emotional battles daily.
ing during your check-in, you should reach out to your support system – your family, friends and your therapist. When it comes to your col- leagues, being aware of mental health also is important. We often spend more time with our coworkers than with family members, so we are well-posi- tioned to notice changes. In the post-9/11 world, we have heard the phrase, “If you see something, say something.” I charge us all to apply that to the issue of mental health. If you see someone’s mood change, or behavior pattern change, reach out to them. Ask how they are doing. That might be difficult. What FROMCOMMENTARY THE PRESIDENT if you are insulting them? You aren’t. If they are struggling, they will welcome your out- stretched hand. If they are doing fine, they will let you know and thank you for caring. Mental health: It’s time As lawyers, our jobs are not easy. We are professionals who strive to help our clients with their problems. It is time that we start to address our own problems in to be honest about it an open and honest way. If you need a place to start, try calling the Florida Lawyers Assistance We are lawyers. That means we or numb. trying to keep the dialogue going Program at (800) 282-8981. are strong, smart, disciplined, Because our industry places as well. If you would like to continue determined and unyielding. so much value on strength and Checking in with yourself daily the mental health conversa- Until we run out of steam. power, you may think you are is a good idea. tion, attend the March 25 JBA Then we all but collapse under alone. Let me assure you, you are Am I clear-headed or foggy? lunch, which will feature 20th the weight of expectations – our not. Focused or scattered? Judicial Circuit Judge Lauren own and those of the people The reality is nearly every one Am I stressed or centered? Brodie speaking about her fam- around us. of us is facing our own mental Content or upset? ily’s issues with addiction and We may drink alcohol or abuse and emotional battles daily. Are there parts of my body that mental health. There also will be drugs, we might retreat from Until recently, I thought we had hurt more than normal? Why? a session, moderated by Whitney friendships, we could throw to do that alone. Luckily, I was Or am I feeling great? George, where we will discuss KASEY WAGNER ourselves into our work and the wrong. How am I relating to others? mental health triage for ourselves JBA MENTAL HEALTH & WELLNESS downward spiral continues. Programs like The Florida Am I getting along with people and our colleagues with thera- COMMITTEE CHAIR Surely you have felt it. The Bar’s “Stigma Free YLD” have or am I experiencing tension? pists Caren Coleman and Diana pressure. The anxiety. That tense raised awareness of mental A check-in can give you Davis. The topic will be the knot coming up from your stom- health issues and opened the insight into what you may be ach into your throat. That knot is door for conversations. dealing with on a given day, in Kasey Wagner is an attorney focus March 25 at the how my anxiety rears its head. On a local level, The Jackson- addition to what is listed on your with Morgan & Morgan special- JBA members meeting. Or perhaps you are feeling ville Bar Association Mental calendar. izing in nursing home negli- angry, lost, depressed, addicted Health & Wellness Committee is If something feels overwhelm- gence and abuse claims.
LEGAL BRIEFS
Need CLE hours? Check Upcoming CLEs Key reasons to renew out the JBA website Register for CLEs at jaxbar.org your JBA membership The Jacksonville Bar Association MARCH 11 n Bench & Bar Holiday Party free to has a CLE video library where you can CLE Seminar at The Players Presented members purchase online CLE presentations and by Hargray Fiber n General and Law Day luncheons free to get those CLE credits you need in the 8 a.m., TPC Sawgrass members convenience of your home or office. n Annual golf tournament You may choose from as few as 0.5 Topics include privacy issues in n Free committee participation CLER hours to as many as 8.0 CLER e-discovery; building a legal brand with n Access to Attorney Conference Center, hours, including various certification social media; and CCPA, GDPR and Duval County Courthouse hours. Just select the videos that other privacy laws impacting Florida n Bar Bulletin – First Thursday monthly correspond with the CLE credits you businesses. Registration fee includes edition of the Jacksonville Daily Record need, purchase them, watch online and CLE credit, light breakfast, lunch, snacks MARCH 31 n CLE seminars at reduced rates submit for credit. and a full-service bar from 12:30-3 What’s New in Estate Planning n Optional Lawyer Referral Service Topics include family law, p.m. 4.0 CLE credits, including pursuit 8:30 a.m., Jacksonville Bar Association membership technology law, transactional law and of technology and certification credits Learn what’s new in 2020 and get n Savings on exclusive member benefits professionalism for new practitioners. pending accreditation by The Florida Bar. updates on the use of deeds and n JBA E-News member email Visit jaxbar.org/store Space is limited. Register at jaxbar.org entities in asset protection and estate n Free listing in website directory with and save your seat. planning. Early registration is available photo at jaxbar.org through March 17. 3.5 CLE credits pending accreditation by The Florida Bar. THE BAR BULLETIN | THURSDAY, MARCH 5, 2020 17
FROMCOMMENTARY THE PRESIDENT The federal Lanham Act protects your business from counterfeiters
LOGAN MCEWEN JBA FRANCHISE, INTELLECTUAL PROPERTY AND TECHNOLOGY COMMITTEE CO-CHAIR The rising tide of fake goods expands from handbags and watches to batteries, electronic cigarettes and THC products.
The internet and associated commerce have significantly reduced barriers for the entry of new and small businesses, primarily in terms of marketing and consumer reach. What business owners and their attorneys encounter with increasing frequency are coun- terfeiters and unscrupulous competitors. In this age of drop shipping, internet reviews, consumer forums, social media and digital storefronts, bad actors in the marketplace can hit the ground running to start counterfeiting your products or disparaging your business. A tool to combat the rising New Hope Police Department tide of counterfeit goods can be Police recovered 76,972 e-cigarette cartridges containing THC, along with $23,000 in counterfeit cash in September in Coon Rapids, Minnesota, a sub- found under Section 43(a) of the urb north of Minneapolis. Lanham Act. More often than not, digital reach extends across state lines and so do the risks. business or client is likely to over years. Remember, you have a Lanham Act provides a rem- tion claims, but counsel for an This makes federal claims under have with a counterfeiting issue tool against counterfeiters, under edy against competitors, not injured business should be aware the Lanham Act an invaluable is through customer service: A Section 43(a)(1)(A), to stop them, consumers. Negative reviews of the distinction. tool against out-of-state coun- retailer or distributor you don’t confiscate the goods and stop by consumers, even if false, do A counterfeiting claim brought terfeiters and disparagers. know, in a territory where you future operations and sales. not fall within the scope of the under Section 43(a)(1)(B) (false What often trips up businesses don’t do business, sold a product The second tool is under Sec- Lanham Act’s false advertising advertising) will be subject to and their lawyers is drawing with your trademark on it but tion 43(a)(1)(B) of the Lanham remedy. dismissal, as will a false adver- the line between the two claims with an unrecognizable serial Act. It addresses false advertis- Negative reviews by competi- tising claim under Section 43(a) covered by those provisions of number. ing that occurs when your com- tors pretending to be consumers (1)(A) (counterfeit claims). While the Lanham Act. Take for example the recent petitors make false claims about also fall within the Lanham Act’s the claim may be salvageable Section 43(a)(1)(A) of the Lan- vaping-related lung illnesses and your business or their own. scope, if you can prove that con- through amendment, it is not ham Act addresses that sincer- deaths. Most were attributed The rise in false advertising nection. a great start for the attorney or est form of commercial flattery: to illicit THC cartridges sold in litigation seems logical due to One of the benefits of a their client, especially if there counterfeiting, passing-off and jurisdictions where THC prod- the general rise in advertising. Lanham Act false advertising are time-sensitive matters like a reverse passing-off. ucts are not legal for medicinal Online advertising removed the claim is the remedies include preliminary injunction. Counterfeit handbags and or recreational use. A few cases traditional barriers of produc- corrective advertising, whether As the world gets smaller and watches used to be big busi- arose from legal purchases in tion costs that kept otherwise payment for you to perform the louder, these legal tools will see ness. Now batteries, electronic THC regulated markets where inadvisable advertisements from advertising or the court ordering increasing use in competitive and traditional cigarettes, THC the cartridges were counterfeit being published. the other party to directly pub- markets. products and an increasing products. Now, advertising can be pub- lish corrective advertising. number of consumer electronics While profits and potential lished to thousands of consum- The counterfeiting and false Logan McEwen is an attorney are being produced and sold by sales are a concern, the greatest ers within seconds of it popping advertising provisions of the with Marks Gray focusing on counterfeiters. threat counterfeiters pose is deci- into someone’s head. Lanham Act often are lumped intellectual property litigation The first introduction your mating the goodwill you’ve built It’s important to know the together as unfair competi- and real property.
DO BUSINESS WITH OUR SPONSORS DIAMOND SILVER MEDIA 18 THE BAR BULLETIN | THURSDAY, MARCH 5, 2020
FROMCOMMENTARY THE PRESIDENT Mass market homes and the rise of construction defect litigation mills
SCOTT PADGETT JBA CONSTRUCTION LAW COMMITTEE CHAIR “Stucco inspectors” are working with law firms.
Mass market homebuilders are vital to the availability of affordable housing. Through economies of scale, they leverage materials purchasing power and have more consistency in their subcontractors’ performance of work. By using the same subcontrac- tors to perform the same work on the same models of home, they are able to develop experi- ence, reproducibility and trust in the performance of that work, reducing construction time and cost of supervision. We want homebuilders to streamline their means and methods to produce homes faster and with fewer expenses incurred so that we can purchase ated. Due to its role in the pro- the consultant vary only slightly tion. age, their policy premiums are more for less. liferation of construction defect from home to home and appear On the other hand, for home- skyrocketing. Along with the focus to be claims and disruption of the to be mostly form reproductions. builders, the evolving legal The most common criticism more competitive and provide construction insurance market- After commencing several practice has become a source of of construction defect litigation greater value may come mis- place, it has become a hot topic proceedings against the same seemingly unnatural disruption. mills I hear from homebuild- takes. Despite industry prog- among industry insiders. homebuilder and its subcontrac- Whereas homebuilders could ers, subcontractors and insur- ress in automation, people are A case may originate when an tors, the law firm may organize previously self-perform war- ance adjusters is that the rate assembling components and unsolicited stucco consultant a group mediation in an attempt ranty claim repairs at cost, that of claims has been artificially driving nails. Therefore, defects delivers to the front door of each to simultaneously resolve 15-20 option often is no longer avail- increased by lawyers who engage are inevitable. single-family residence within a homeowners’ claims. able because of the increased in unscrupulous solicitation As long as new homes are planned community a brochure So, are the business practices volume of claims and the practices, often drawing the being built, particularly stucco offering free inspection services. of construction defect litigation manner in which they are being analogy of ambulance chasers. homes, there will be a demand It may display photographs mills problematic? The answer advanced by the homeowners’ Whether any attorneys are, in for residential construction that depict cracked stucco, and depends on whom you ask. attorneys. fact, encouraging or directing defect litigation services. advise that the statute of repose From the homeowner’s per- Thus, the large, self-insured consultants to distribute bro- However, the business model bars recovery from contractors spective, a consultant who brings builders with in-house coun- chures or disguising referral fees, of plaintiffs’ law firms meeting 10 years after the original home to their attention the existence sel are spending more time and I have no idea, but that is the much of this demand in Florida closing date. of construction defects that may money defending and settling perception of defect litigation has changed dramatically over Upon accepting the offer of a have otherwise gone undiscov- claims and the midsize build- mills held by many nonlawyers the past decade. Instead of free home inspection, the owner ered prior to expiration of the ers are tendering more claims to in the construction industry. offering individualized legal ser- is referred by the consultant to a statute of repose is helpful. their insurers, which has nega- From my perspective, that vices, certain firms are providing plaintiffs’ law firm that repre- Although a homeowner’s lack tively impacted the construction perception is a reason for con- mass market representation in sents homeowners on a contin- of or insufficient maintenance insurance industry. cern. an assembly-line fashion, not gency fee basis. often contributes to the extent Many builders and even some unlike foreclosure mills during Then, the law firm engages of damages, no one can cred- subcontractors now are unable Scott Padgett is a shareholder the Great Recession. the consultant to prepare an ibly suggest that homeowners, to obtain products-completed and Board Certified Construc- The most interesting aspect of expert report describing defects who have properly maintained operations hazard insurance tion Lawyer at Rogers Towers, this practice may be the manner observed during the inspec- their homes, should be without coverage at any cost. Despite P.A., focusing on construction in which new cases are gener- tion. The reports produced by a remedy for defective construc- significantly reduced cover- and business litigation.
Warranties: Some claims are not arbitrable
CONTINUED FROM PAGE 14 n foundation systems and failed to provide any support for The appellate court further the claims alleged by homeown- footings; that claim. noted that as the homeowners ers. of such load-bearing elements n beams; The appellate court noted had not alleged physical damage and is sufficiently severe such n girders; that arbitration provisions are caused by “load-bearing ele- Jacksonville Bar Association that your home becomes unsafe n lintels; contractual in nature. Therefore, ments” making the home unsafe President Elizabeth Ferguson or inhabitable. n columns; “’The intent of the parties to a or inhabitable, the claims are not is a shareholder with Marshall n walls and partitions; contract, as manifested in the arbitrable when the structural Dennehey Warner Coleman . . . This warranty covers the n floor systems; and plain language of the arbitration warranty is evaluated using the & Goggin focusing on catastrophic failure of load-bear- n roof framing systems. provision and contract itself, plain meaning of the terms. construction litigation. ing elements home. All parts of the determines whether a dispute is In light of this recent case, definition of a Major Structural In response, Taylor Morrison subject to arbitration. Jackson builders and sellers may be sub- Avery Sander is a member of Defect must be present in order for argued the claims fell under the v. Shakespear Found., Inc., 108 ject to litigation versus arbitra- the firm’s Professional Liability coverage to arise. The ONLY cov- structural warranty and were So.3d 587,593 (Fla. 2013) (citing tion when the plain meaning of Department. ered load-bearing elements are: subject to arbitration, but they Seifert, 750 So.2d at 636)’.” their warranties are compared to THE BAR BULLETIN | THURSDAY, MARCH 5, 2020 19
FROMPROYLS CHARITY BONO THE PRESIDENT CHILI COOK-OFF Chili Cook-Off champions
Special to the Daily Record From left, James Gonzalez, Christopher Cobb and Nick Elder of the Cobb & Gonzalez law firm with their trophy for Best Overall Chili.
By Bar Bulletin Staff sampled the chili made by nearly 50 teams and cast votes for their 2020 YLS Charity Chili Cook-Off winners he Jacksonville Bar favorite in the 11th annual friendly Best Overall: Cobb & Gonzalez Association Young competition. Spiciest: Fisher, Tousey, Leas & Ball Lawyers Section had Proceeds from the law firms’ Meatiest: Moseley, Prichard, Parrish, Knight & Jones registration fees, combined with Most Original: Jacksonville Asian American Bar Association another successful Best Fixins: Driver, McAfee, Hawthorne & Diebenow donations from the public, are Charity Chili Cook-Off Best Cornbread: Moseley, Prichard, Parrish, Knight & Jones being tallied, but more than TFeb. 15 at the Riverside Arts Market. Most Spirited: Spohrer Dodd $20,000 will be presented in late Crowd Favorite: The Liles Firm In addition to the official panel March to Clarke Schools for Hear- of judges, hundreds of people ing and Speech.
Celebration: Community invited to reception
CONTINUED FROM PAGE 14 County Courthouse. County Courthouse a reenact- afterward and discuss aspects of The legal community is Patriotic food will be served, ment of the 1873 trial of Susan B. the trial. proud to host the ABA’s 19th Chester Bedell American Inn the U.S. Navy Band will perform Anthony. The Jacksonville Bar Associa- Amendment Centennial travel- of Court; Jacksonville Chapter and Laura Rosenbury, dean and Anthony and 14 other women tion will present its annual Law ing exhibit, and we invite the of the Federal Bar Association; Levin, Mabie & Levin Profes- were arrested for voting in Roch- Week poster contest in conjunc- community to come to the Duval Jacksonville Chapter of the sor of Law at the University of ester, New York, in the presiden- tion with the exhibit, as the County Courthouse, view the American Board of Trial Advo- Florida Levin College of Law, tial election Nov. 5, 1872. They theme of this year’s law week exhibit and celebrate the 19th cates; Jacksonville Bar Associa- will present a brief program on believed that women, as U.S. is “Your Vote, Your Voice, Our Amendment. tion; and Jacksonville Women the 19th Amendment and the citizens, had the right to vote Democracy: The 19th Amend- Lawyers Association. fight for a woman’s right to vote. under the 14th Amendment to ment at 100.” Helen Peacock Roberson is a Funding is provided by the The public is encouraged to the U.S. Constitution. The posters, created by stu- partner at Bishop & Mills han- Bench Bar Fund of the Middle bring their children to learn and The reenactment begins at dents at West Riverside Elemen- dling commercial and individu- District of Florida. celebrate. 10 a.m. in Courtroom 407 and tary School, will be displayed al litigation cases. The community is invited to On March 26, the Chester will follow the transcript of the on the first floor of the Duval attend the opening reception Bedell American Inn of Court actual criminal trial. Students County Courthouse. The public Sarah Mannion is a real estate from 5:19 to 6:30 p.m. March and the Jacksonville Chapter of from area high schools will have is invited to vote for their favor- and bankruptcy attorney with 24 in the atrium at the Duval ABOTA will present at the Duval lunch with ABOTA lawyers ite posters. Candyce M. King PA 20 JACKSONVILLE DAILY RECORD / J ACKSONVILLE RECORD & OBSERVER | THURSDAY, MARCH 5, 2020 JaxDailyRecord.com
RACHEL RALL Staff attorney, Three Rivers Legal RACHEL RALL Services Inc. BY MAX MARBUT • ASSOCIATE EDITOR Age: 60 Rachel Rall is president-elect of the Catholic Lawyers Guild of the Diocese of St. Augustine. Education: Bachelor of science in business administration, Who or what inspired you to become Jacksonville University; Florida a lawyer? As a paralegal for many Coastal School of Law, J.D. years prior to attending law school, I was privileged to work with wonderful Hometown: I was raised in Chicago, attorneys including Hank Coxe, now but I have spent my entire adult life Duval County Judge Scott Mitchell, in Jacksonville. Brett Lucas and Annette Ritter. All were encouraging and allowed me to Family: My husband, Bill Gelwicks. work to my full potential, leading me to My son, Mitchell Brown and his wife, want to be more than a paralegal. Jen, and my two grandchildren, Christopher and Kyrston, are
LEADERS IN THE LAW LEADERS Someone who inspires me: I don’t stationed at Hickham Field, necessarily have any one person who Hawaii. My father lives in Norwalk, inspires me, but I do lean on my faith Connecticut. I have one brother, a to guide me in my practice, especially retired Broward County sheriff’s now that I work in public service. deputy, and two sisters, both of whom are nurses. How do you relate your undergraduate degree to your Favorite book: Anything by John practice of law? I have a bachelor of Grisham. science in business administration, which helped me as an owner Books I’m reading now: Some of my own family law practice. of us at Three Rivers are reading Understanding how business works “Twelve Steps to a Compassionate helped me assist clients who owned Life” by Karen Armstrong as businesses navigate through difficult a group. I am reading my way times and I was able to guide my small Special to the Daily Record through the biographies of the U.S. business owners on how to run their presidents. I just finished “Andrew businesses. Jackson: American Lion” by Jon What do you think will be the next What’s your advice for new lawyers? Meacham and I have just started How did you decide your practice biggest change in your area of Get a mentor and don’t hang out your reading “Diary: Divine Mercy in My area? Last year, I transitioned from law? There is a movement to train shingle right out of law school. There Soul” by Maria Faustina Kowalkska. a solo family law practitioner to unlicensed individuals to assist in is so much that is not taught in law public service with Three Rivers giving legal advice. school and most new lawyers don’t Websites or apps I can’t live Legal Services. It offers me a great know what they do not know. A mentor without: Facebook. It helps me opportunity to give back to the If I could change anything in the will help navigate the actual practice of keep up with family and friends. community through serving low- legal system: I would like to see law and provide invaluable information Favorite activities when I’m not income individuals. Through the Home the return of more formality in to help a new lawyer grow into a working: Gardening, crocheting, Sweet Home grant from The Florida correspondence. These days there is successful and respected practitioner. knitting and reading. Bar Foundation, I assist my clients to much more reliance on emails and the There are great opportunities to obtain obtain title to their family property art of the well-crafted letter seems to a mentor through the Jacksonville Bar through probate and estate planning. have gone by the wayside. Association’s mentoring program.
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