Sarasota County Bar Association

May2016

VOL. 33, NO. 5

CONSTRUCTION LAW The latest installment of Chapter 558 — A step in the wrong direction? By CHRISTOPHER A. STAINE, Esq. particular modification that could very “The notice of claim must describe (See Fla. Stat. §558.004(1)(b) Shumaker, Loop & Kendrick, LLP well serve to undermine the essential in reasonable detail the nature of each (2015)). To be clear, unlike prior purpose of Chapter 558. Specifically, alleged construction defect and, if versions, the 2015 version now n 2004, Florida Gov. Jeb Bush signed under the pre-2015 version of Chapter known, the damage or loss resulting requires claimants to identify the into law what is commonly referred 558, claimants were merely required from the defect. Based upon at least location of each and every alleged Ito as Florida’s “opportunity-to-cure” to “describe the claim in reasonable a visual inspection by the claimant or construction defect. While this change statutes, more formally referenced detail sufficient to determine the its agents, the notice of claim must might appear fairly innocuous to the as Chapter 558. In short, Chapter general nature of each alleged identify the location of each alleged casual observer, the potential economic 558 was enacted to require aggrieved construction defect and a description construction defect sufficiently to repercussions of this change could property owners to place contractors of the damage or loss resulting from Christopher A. enable the responding parties to locate serve to dissuade property owners and design professionals on notice the defect.” (See Fla. Stat. §558.004(1) Staine, Esq. the alleged defect without undue from participating in the 558 process of construction defects, with an (2014)). By contrast, the current Shumaker, Loop burden. The claimant has no obliga- altogether. This is due to the fact opportunity to inspect and, if possible, version now imposes a more stringent & Kendrick, LLP tion to perform destructive or other that, whereas the prior iterations of resolve the alleged defects without notice requirement, specifically: testing for purposes of this notice.” See CONSTRUCTION, Page 5 resorting to potentially expensive and protracted litigation. Given the many amendments to Chapter 558 since its SOUTH COUNTY DIVISION inception, Chapter 558 has, if nothing SECTION NEWS else, proven to be a work in progress. Most recently, on June 16, 2015, Gov. Rick Scott signed into law House SCBA board Bill 87, which yet again substantially changed the face and complexity of Chapter 558. However, unlike OKs new Elder prior amendments, this most recent round of changes brought with it one Law section MEETING NOTICE By ANDREW R. BOYER, Esq. Boyer & Boyer, P.A.

n March 8, the SCBA Board of Law Day Directors unanimously approved Othe creation of an Elder Law Section. This new section will focus on Luncheon set areas of practice related to guardian- ship, public benefits, veteran benefits, and incapacity planning, as well as for May 19 the many other legal issues affecting seniors and those with disabilities. By JAIDE BEVERLY, Esq. SCBA members who were formerly Williams Parker part of the informal Guardian- ship Sub-Section group will also be n 1957, the American Bar Associa- included as part of this more broadly tion envisioned a special day for cele- based Section. Ibrating the role of law in our society. We are very grateful to SCBA Presi- In 1958, that vision came to realiza- SPORTING CLAYS EVENT STARTS WITH A BRIEFING, NOT A BANG dent Keith DuBose and the Board for tion when President Dwight D. Eisen- The Sixth Annual South County Division Sporting Clays event was another success! Over 100 participants gather their support, to Past-President Robert hower declared May 1 of each year to around picnic tables to receive gun safety and proper shooting technique at the Sarasota Gun Club on March 18. Scheb, and to Chief Judge Charles E. be Law Day in the . Please see page 6 for more photos. Williams for his innovative tenure as As part of the week-long celebra- our Probate Judge. Judge Williams tion for Law Day, each year the Sara- issued the following statement on the sota County Bar Association sponsors SCBA ANNUAL MEETING creation of the Elder Law Section: a wide range of law-related educa- “As our community continues to tional activities, including a luncheon become a destination for more and for SCBA members. This year the YLD more retiring baby boomers, it is very is excited to host the annual Law Day SCBA, YLD and South County leaders to be elected important that our local bar members Luncheon on Thursday, May 19, at be in a position to educate themselves, Michael’s on East from noon to 1:15 By KEVIN R. BRUNING, Esq. and Daniel R. Strader, shall be elected the public, and other lawyers on the p.m. Nominating Committee Chair The slates will be for a term of three years. Other offi- complex legal issues involved in cases The theme for Law Day 2016 elected by voice cers being elected are W.E. Chip Gaylor, that deal with our aging population. is Miranda: More Than Words, to here having been no petitions by President-elect; Nancy E. Cason, Secre- The Court system recognized this year commemorate the 50th anniversary any persons to serve as officers and acclamation of tary; and W. Andrew Clayton Jr., Trea- the need to become more hands-on of the seminal U.S. Supreme Court Tdirectors of the Sarasota County the members surer. The remaining members of the in guardianship matters by securing a case, Miranda v. . The event Bar Association for the 2016–2017 2016–2017 Board of Directors include full time Guardianship Monitor to be will feature a mock trial play on term, the slate submitted by the respec- present at the President E. Keith DuBose, Immediate the eyes and ears of the court as more the theme of Miranda reenacted by tive Nominating Committees shall be Annual Meeting on Past President Douglas A. Cherry, and people come under the jurisdiction grade-school students from a local elected by voice acclamation of the Directors J. Allison Archbold, Stacy of the court as a result of dementia elementary school. In addition, you members present at the Annual Meet- Thursday, May 19. Dillard-Spahn, Mark A. Haskins, Dana and related conditions. An Elder Law will hear from Col. Kurt Hoffman, ing on Thursday, May 19. B. Keane, Jason A. Lessinger, and Section is needed to keep up with our chief deputy of the Sarasota County Three new directors for the SCBA, Jonathan P. Whitney. Incoming YLD aging population and the legal issues Sheriff’s Office, Assistant State Attor- Hagen P. Brody, Jennifer L. Grosso, See LEADERS, Page 3 that continue to arise as a result.” ney Andrea McHugh, and criminal defense attorney David Haenel regard- ing the impact of Miranda, how the COMMUNITY INVOLVEMENT SPOTLIGHT procedural protections are safeguarded by the courts, and why preservation of the Miranda warnings are essential to life, liberty and property of all citizens. Miracle League of Manasota: Let’s all play ball! We are anticipating a wonderful turnout, so reservations will be on a By JORDAN J. RICCARDI, Esq. plate you glance at your family in the resources to make this dream into first-come, first-served basis. Contact Icard, Merrill, Cullis, Timm, Furen & stands, wearing your team colors. You something different altogether — a Erin Itts, the Law Day luncheon chair, Ginsburg, P.A. are bursting at the seams to compete League of Miracles. at [email protected] if you have any and have fun, and some day in the not- The Miracle League of Manasota questions or need additional informa- t’s early Saturday. The trees still glis- so-distant future, you will look back has transformed the hopes and dreams tion. See flyer insert for more informa- ten with the same moisture that fills on this day and reminisce in the glory of disabled children into the morn- tion. Iyour lungs as the sun rises to shed of sport. ing air, leather gloves, metal bats, morning light on the field. Your leather This is an experience most of us and cherished memories. The League glove is smooth at the palm, and the have been fortunate enough to share provides true miracles every Saturday: inside is worn and gritty. Your hat has Jordan J. in as kids. Have you ever stopped the players who are the most genuinely been sported every way possible, and Riccardi, Esq. to think that this experience can be grateful enthusiasts of our national you are proud of its maturity. The bat Icard, Merrill, a gift? That there are many who, by pastime; the Major League profession- you use is looking for its next home Cullis, Timm, no fault of their own, only wished als who are involved and contribute in . The game announcer has called Furen & that they could share this gift, if only a meaningful way; the players’ families your name, and on your way to home Ginsburg, P.A. for a day? That maybe we have the See MIRACLE LEAGUE, Page 5 2 May2016

BAR ASSOCIATION NEWS Gender equality still not a reality in the legal profession ome of you may be surprised to SCBA thirty-seven percent said they had it. What can we do about it?” Abadin experience the bias recounted by the learn that young women lawyers PRESIDENT’S experienced a lack of recognition of asked. young women lawyers in this recent Sare still experiencing bias in our work-life balance at their law firms; Renée Thompson, a Board of survey. I want my law partners and the profession, but there are women COLUMN twenty-one percent believe they are Governors member who chairs the lawyers I practice beside to be treated lawyers in Sarasota who can tell not paid the same as their male coun- Communications Committee, said: equally, no matter their gender, race, stories of the bias they’ve experienced. terparts. Abadin described the results “Folks want to talk to us about this or ethnicity. Our Bar has routinely If you’ve been reading the legal news, as “borderline unconscionable, partic- issue. The Florida Bar is leading not led the way in dealing with difficult you know that The Florida Bar YLD’s ularly in 2016.” only what’s happening in our profes- and sensitive issues. I am confident Commission on Women’s survey of Beyond numbers, the survey sion, but what we can do about it to we will look at this issue thinking young women in the profession has respondents reported being mistaken make it real for folks who are dealing deeply about solutions and strategies brought to the forefront the disparate for court reporters and being referred with this in other professions as well. to increase our efforts in order to treatment of women lawyers. The to as “blondie” and “little lady.” It’s a cultural issue. It doesn’t just bring about real change, to be more most recent Florida Bar News covered The article on the survey in The happen to lawyers. So they are picking inclusive, to end the bias that still this issue in an interview with Florida Florida Bar News, by Senior Editor up on a bigger message.” exists, and to move our profession Bar President Ramón Abadin. I hope E. KEITH Jan Pudlow, was posted online, and While this particular article forward. this article will encourage my fellow DUBOSE, Esq. through social networking it has focuses on women, this is not just a Portions of this article originally Bar members to join me in taking a Matthews been viewed more than 60,000 times, women’s issue. This is an issue for all appeared in the 4/1/2016 Florida Bar careful look at this issue to find ways Eastmoore according to YLD President Gordon of us. I do not want my daughter to News. to be a conduit for change. Glover. Florida Bar President Abadin and “This is all near and dear to his wife Kim Cook, the first female FAWL’s heart,” said Kristin Ann Norse, president of the Miami Chapter of the president of the Florida Association American College of Trial Lawyers, for Women Lawyers. “The survey recalled a particularly off-color results probably were not as shocking comment made by one of Cook’s law for some of our members as they were partners more than two decades ago for other lawyers. Although to see after Cook returned from maternity it continuing to happen for younger leave. Abadin described how his wife lawyers is distressing.” took maternity leave, had the baby, “I would like to have a hard and came back to work, only to be conversation with the men in the room asked by her partner: “How did you and say, ‘OK, gentlemen. We’re the enjoy your vacation?” eighty-two percent. Why?’ ” Abadin “That was a long time ago, but said, referring to a 2015 National here we are again. How come things Association of Women Lawyers haven’t changed? It is personal to me,” statistic that showed while eighteen Abadin told the Board of Governors percent of equity partnerships are held on March 11, as he showed them a by women, a whopping eighty-two presentation titled “Care to Improve percent of those positions are still held the Conversation?,” which he is giving by men. to Florida Association for Women “Men are clearly still in control of Lawyers affiliates around the state. equity partnerships in firms. Power is A recent survey conducted by the money, and money is power. So the Young Lawyers Division of young women don’t have anywhere near the women revealed some very harrow- equal power, equal representation in ing and sobering results and statistics. corporate firms that they do coming Forty-three percent of those who out of law school. So the question responded said they had experienced is: Why? We have to start thinking SCBA President Keith DuBose (right) welcomes speaker and State Representative Greg gender bias during their careers; about what we are going to do about Steube at the March 31 General Membership Meeting.

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SCBA NEWS MOVIES YLD luncheon to offer smorgasbord The most important man in By DOUG A. CHERRY, Esq. series of scores of all time, spanning of pro bono service opportunities Shumaker, Loop & Kendrick, LLP all seven Star Wars films from 1977’s A New Hope to last year’s The Force By ERIN H. CHRISTY, Event Chair he wrote: “As I have discussions about uring this year’s Oscars ceremony, Awakens. One of my first memories is Williams Parker access to justice with my fellow Bar did you happen to notice the man sitting in my grandpa’s house when I members, I am reminded that there Dwho received a shout-out from was 3, listening to the double LP for s members of The Florida Bar, it are various efforts in place looking to C-3PO? He is one of the nation’s the score to A New Hope. From the is our professional responsibility address this issue. What I am realizing greatest living treasures and deserv- opening crawl to young Skywalker Ato render pro bono legal services is that a solution to this grave societal ing of the Academy Honorary Award, staring out at the two suns of Tatoo- to the poor and participate in pro problem will not be found in one orga- which is essentially a lifetime achieve- ine, from the funky cantina music to bono services that relate to the legal nization. There is no one right way to ment award given to diverse talents Doug A. Cherry, the throne room award ceremony, needs of the poor. On June 7, the address this problem, and every orga- such as actors Sir and Esq. I was immediately captured by the YLD will again host the Pro Bono and nization will have its different ideas on , animator Hayao Shumaker, Loop music. Fan or not, the themes are Service Luncheon at the Community how to provide pro bono services.” Miyazaki, and directors & Kendrick, LLP instantly recognizable to most of us. It Foundation of Sarasota County to The purpose of the Pro Bono and and . is important to remember that around help educate our local Bar members Service Luncheon is to bring these I am referring to composer John this time in cinema, these types of of the many ways to engage in legal various organizations together in order Williams, and this is my case for why orchestral efforts were largely extinct. voluntarism in our community. We to discuss opportunities for collabo- he is worthy of the title of this article. Williams brought back the sympho- will speak with local leaders about the ration and lawyer involvement. The My intent is not to write a biography nies of Korngold and Newman from services they offer to our community, YLD hopes to provide insight not (of which there are plenty online), but the Golden Age of film, replete with how to volunteer, who to contact, time only from the organizations but also to discuss the importance of his musi- leitmotifs and brassy fanfares. Lucas management for your voluntarism, as from volunteers with real life experi- cal contributions to our American said in an interview about Williams: well as give attendees the opportunity ence giving of their time and talents to culture and, even though you may not “About 90 percent of the Star Wars to ask questions of local leaders. address the growing issue of access to have realized it, to you. films are music. It’s done in a very In April’s SCBA President’s justice. Williams first started changing old-fashioned style, as silent films, so Column, Keith Dubose focused on pro Please join us, and we welcome you cinema in 1975 with his groundbreak- that the music kind of tells the story. A bono service and finding solutions for to bring summer clerks to the June 7 ing score to Jaws, a classic movie lot of the emotional content is carried unfulfilled legal needs. In that column, luncheon. widely considered to be the first through the music as much as through summer blockbuster. In the words the scenes themselves.” of director : “John My childhood was scored by became the shark when the shark John Williams. When I was 4, I was failed to show up for work because of humming Williams’s Superman March LEADERS mechanical difficulties. John became as I ran around my backyard with a Continued from Page 1 nated as new directors Jennifer H. the musical leviathan and provided ratty red towel that I fashioned into President Jesse R. Butler and South Burns and Robert L. Young will serve Jaws with a signature. It was as impor- a cape. Around this time, Spielberg County President Stephen K. Boone two-year terms as directors until 2018. tant as the shark itself. Without that expanded his collaboration with will serve one-year terms. The South County Division slate musical signature, Jaws would have Williams with Close Encounters of the The YLD slate for 2016–2017 is for 2016–2017 is as follows: Stephen been half as successful.” While the Third Kind, where Williams crafted as follows: Jesse R. Butler, President; K. Boone, President; Daniel Policas- shark theme is one of the most imme- one of his most hauntingly beauti- Erin H. Christy, President-elect; Erin A. tro, President-elect; Susan H. Hines, diately recognizable, more understated ful scores while channeling the stark Itts, Secretary; Amanda M. King, Trea- Treasurer; Bryan Kessler, Secretary; is how Williams crafted thrilling dissonance of Krzysztof Penderecki. surer; and Adam B. Portnow, Immedi- and Kerry E. Mack, Immediate Past adventure music as the Orca hunts I vividly remember a 1980 network ate Past President. Brian Goodrich, President. The following members are down the great white. special after The Empire Strikes Cathleen Kenney, Ilyas Sayeg, and nominated to serve as directors for When Spielberg heard about his Back was released where Williams Christina E. Unkel will return as direc- two-year terms: Catherine M. Gemma friend ’s experimental conducted the London Symphony tors until 2017. YLD South County and Brady Sharrer. Robert N. Harrison “space opera,” he called Lucas and Orchestra performance of themes from Representative Sara Castro was nomi- and Anthony G. Mowry will continue to said, “I have just the guy for you.” the film. This was the first time I was nated to serve a one-year term. Nomi- serve as directors through 2017. This call resulted in one of the greatest See WILLIAMS, Page 8

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YOUNG LAWYERS DIVISION YLD offers terrific resources, events YLD HOSTS OUTING his May is the Florida Bar YLD’s YLD Law Day Luncheon. This year the second annual Health & Wellness PRESIDENT’S YLD has taken the reins and is plan- TMonth. The purpose of the Bar’s ning an inspiring presentation. Please Health & Wellness initiative is to bring COLUMN plan to attend. And for all YLD awareness to mental and physical members, mark your calendars and issues that affect our quality of life as RSVP for the YLD’s annual Judicial lawyers. I encourage you to connect to Luncheon at the Audi- the Florida Bar YLD on Twitter and torium on June 3. This event brings Facebook, and visit their blog at www. together our judges, magistrates, JAs, flayld.org/blog for more information. and YLD members for a rare, relaxed The Florida Bar YLD will be issu- social gathering. This is one of the ing “daily challenges” through social best events of the year and is not to be media to help spread information and missed. ideas regarding mental and physical Lastly, I want to bring attention to well-being to our bar. ADAM B. a rarely talked about resource for our I also encourage you to use the PORTNOW, Esq. young lawyers, the Florida Bar’s YLD hashtags #livewell and #flayld to Law Office website, www.flayld.org. This site has share your stories on social media and of Adam B. incredible information and resources contribute to this important dialogue. Portnow, P.L. on CLEs, law office technology, webi- Our Sarasota YLD chapter will be nars, and more. Particularly interest- planning a health and wellness event ing, and not just for young lawyers but TBD. If you know a member of our for all attorneys, is the law office tech- bar struggling with addiction, depres- nology section (flayld.org/technology), Sarasota County Bar Association members enjoy America’s pastime at the YLD’s annual sion, mental health, or other issues, which provides some great informa- Spring Training outing, where the hometown Baltimore Orioles lost a close game to the Florida Lawyers Assistance is available tion on E-Discovery tools, courtroom Detroit Tigers 2-1. Top photo (left to right): Christina Unkel, Erik Hanson, and Daniel to help. Go to http://fla-lap.org for technology, law practice management Strader. Bottom photo (left to right): Steve Griese, Jackie Griese and Matthew Cary, Co- more information and check out the software options, and social media sponsor, Northwestern Mutual. brochures at http://fla-lap.org/litera- and marketing resources. I encourage ture/fla-brochures/. everyone to take advantage of these Law Week just wrapped up with resources. around 800 area students performing a mock trial skit and learning from our volunteers about the practice of law. Thank you to co-chairs Kevin Griffith and Rob Young, and to the Law Week YLD hosts Judicial Luncheon at Payne Park committee members: Jonathan Baker, lease join the YLD as we host our annual Judicial Matt Bobulsky, Rachel Heard Didier, Luncheon with the Sarasota County judiciary and their Leah Ellington, Brian Goodrich, and Pjudicial assistants on June 3 at Payne Park Auditorium. Kelly Rodenas. I also want to express Each year, the Judicial Luncheon receives rave reviews deep gratitude to all of the volunteers from all in attendance and provides an ideal opportunity who went out to our area elementary for young lawyers and the judiciary to get acquainted with and high schools to observe the skits one another! The luncheon starts at 12 p.m. and features a and talk with students. The YLD espe- catered lunch and frozen confections for dessert. Contact cially appreciates the participation of Hailey at [email protected] if you would like to attend the local retired attorneys group, and (YLD members only). We are grateful to Kerkering Barberio we look forward to working together for sponsoring the luncheon, to Williams Parker for spon- on future projects. soring dessert, and to our event Chair, Amanda King. May 19 marks the SCBA’s annual

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CONSTRUCTION MIRACLE LEAGUE Continued from Page 1 homes within the development. In claimants to identify the location of Continued from Page 1 Chapter 558 left open the possibility some cases, a subset of homes for each and every alleged construction who are able to take a break from caregiving to enjoy the that a claimed defect might be fairly extrapolation purposes may be those defect. While claimants are under person they labor night and day for; and the volunteers who extrapolated throughout the entirety of a particular floor plan. In other no obligation to perform destructive get even more joy than they give. of the construction project, the 2015 cases, depending on the nature or testing or other testing for purposes The Miracle League of Manasota is a 501(c)(3) organi- version of 558 would appear to location of the defect, the subset of of the pre-suit 558 notice, claimants zation dedicated to providing an opportunity for all chil- significantly limit—if not preclude homes to which the extrapolated would still arguably be required to at dren to play , regardless of ability. The first Miracle altogether — the use of extrapolation, notice applies may be even narrower, least examine all potentially defective League was formed in 1998 in Rockdale, Georgia, and the a concept that has gained much such as homes of a particular locations in order to successfully meet idea inspired hundreds of sister leagues across the nation. prominence in recent years, elevation within a particular floor the heightened notice requirements The Manasota branch was formed in 2008 by the initial particularly in the context of high-rise plan. Likewise, a valid extrapolated under 558. Even without necessity Board of Directors, including Sarasota County Bar member condominium litigation. The inability notice may be limited to a subset of of destructive testing, the fact Todd D. Kaplan, who served as one of the League’s original of would-be claimants to engage in homes in which a particular product that claimants would be required incorporators, and over the course of seven years, as Vice extrapolation in the preparation of or type of construction was used. In to undertake such an extensive President and Treasurer in addition to in-house “general pre-suit defect notices could have all cases, an extrapolated notice is examination up front would almost counsel” of sorts. The sacrifices of folks like Kaplan, past dramatic financial implications on valid only if it identifies the subset assuredly result in exponentially and present directors, and many volunteers have built an such claimants and could severely steer or characteristics of the subset to greater pre-suit expert costs. Given the impressive, synthetically surfaced baseball field at Sarasota’s parties away from utilizing the 558 which it applies. In order to achieve recency of Florida’s newest iteration Longwood Run Park, including all the requisite amenities process. the minimum statistical basis that the of Chapter 558, it remains to be seen such as a concession and restroom facility, shaded stands, a So what is extrapolation and reasonable threshold test requires, we whether the courts will take a literalist stereo system, and most recently, a wheelchair lift station. why should we care? While there are suggest that the district court require interpretation of the new notice The League’s opening game was held on March 17, varying definitions as to the process of the claimants’ expert to test and verify requirements and require claimants to 2012, and it has seen continuous growth since that time. extrapolation, Black’s Law Dictionary the existence of the alleged defect in at identify the location of each alleged Today it boasts a cumulative roster of over 150 players, (7th Ed.) defines extrapolation as “[t] least one of the homes in each subset construction defect, an interpretation divided among 10 teams: the Orioles, Pirates, Braves, Phil- he process of estimating an unknown of homes included within the scope that would surely dissuade more lies, Rays, Yankees, Dodgers, Cubs, Angels, and Brewers. value or quantity on the basis of the of the extrapolated notice.” 168 P.3d knowledgeable and sophisticated The League is not only “physically accessible” but also known range of variables.” In 2007, 731, 740 (Nev. 2007). owners from participating in the “financially accessible.” The League is able to keep regis- the Nevada Supreme Court, in the 558 process. Nonetheless, prudent tration fees very low, and scholarships are awarded based case of D.R. Horton, Inc. v. Eighth n simpler terms, extrapolation allows practitioners would be well advised to on need. Contributions made by local charitable partners, Judicial Dist. Court ex rel. County a claimant to use a sufficient sample discuss with their clients the potential private donations, and sponsorships and advertising make of Clark, more relevantly expanded Isize as a representative for the whole, financial implications of the new the dream possible. on the doctrine of extrapolation and as such, claimants need not test Chapter 558 notice requirements in Volunteers make the dream a reality. In addition to in the context of a pre-suit notice each and every location for possible deciding whether or not to opt-out of sharp-looking uniforms, each player receives the assistance process similar to that employed construction defects. Rather, they need the 558 process when preparing or of a buddy in playing the field: running the bases, catch- here in Florida. In its opinion, the only determine (through the use of negotiating the governing construction ing , batting, throwing, and even celebrating a job Nevada Supreme Court outlined the an expert) that a sufficient number of contract. well done (although, the crowd helps with that too). Dan extrapolation and corresponding locations exhibit a common defect to As Sir Isaac Newton’s third law and Laura Tellor, the League’s game-day management, are pre-suit notice requirements as assert that all other similarly situated formally states: For every action, there frequently challenged by the sheer number of volunteers follows: locales/appurtenances exhibit the is an equal and opposite reaction. eager to participate. Mr. Tellor is now transitioning from “Extrapolation encompasses the same alleged defect. Considering the Indeed, while it is still a bit early to game-day management to League president, and brings a statistical use by an expert witness exponentially more expensive process forecast with confidence whether wealth of experience with the players and volunteers to the of a valid and reliable representative of having an expert examine each and or not the change to 558’s notice League’s head position. Mr. Tellor and the Board of Direc- sample to formulate an opinion that every potentially defective location requirements will force a wholesale tors project even more growth in the coming seasons and similarly situated residences and throughout a development or building, move away from the 558 pre-suit are considering an expansion of the current format. appurtenances may have common particularly multi-unit developments, process, the practical implications Games are played on Saturdays during each spring and constructional defects. The scope there can be no question that of this change are sure to find fall season. By the time this article is published, the 2016 of the extrapolated notice must be extrapolation provides claimants with their way into the courtroom. This spring season will have commenced on March 19 and will narrow. Homes included within the potential to save significant sums all-but-guaranteed outcome is surely tentatively conclude on May 21. However, the fun could the scope of an extrapolated notice in pre-suit expert costs. ironic given that 558’s fundamental be extended in the event of rain-outs or other unforeseen typically will be similarly situated As noted above, the current purpose was to keep parties out of the circumstances. only if they are part of a subset of version of Chapter 558 now requires courtroom altogether. See MIRACLE LEAGUE, Page 8

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1. Does the attorney try cases several times each year? florida 2. Does the attorney have the ability to show you recent trial Choose the right school and put your results? kid on a roll from the start. tulane 3. Does the attorney have over 20 years of experience working duke for the insurance companies so that they have gained an insight into how to oppose and/or sue the insurance cornell companies? 4. Is the attorney Board Certified in Civil Trial Law? 5. Is the attorney AV rated by Martindale Hubbell? 6. Does the attorney have the financial strength to take on significant injury cases? 7. Is the attorney located in the 12th judicial circuit? 8. Will the attorney pay you a referral fee in accordance with the Saint Stephen’s is an independent, college-preparatory school providing a world-class rules regulating the Florida Bar on every case no matter how education for students in grades Pre-K3 to12. Schedule a tour today. big or small?* 315 41st St. W., Bradenton, FL 34209 | (941) 746-2121 | www.saintstephens.org 9. Is the attorney available to speak with you at any point during the referral to give you status updates as you request? 10. Is the attorney willing to take on challenging cases that other law firms or attorneys may not be willing to handle or would turn down due to the amount of work involved?

refer your Cases to the mallard law firm, beCause our answer to these 10 questions is yes. Mallard Law Firm, P.A. 889 North Washington Blvd. Sarasota, Florida 34232 (P) 941-952-1682 www.MallardLawFirm.com

*Rules regulating the Florida Bar permit a 25% referral fee without any involvement of the referral attorney other than making the introduction to the client. Any additional fees require court approval and involvement of the referring attorney in the handling of the personal damian mallard, esq. injury matter. 6 May2016

SOUTH COUNTY DIVISION Sporting clays event leads a busy and fun month for South County emorial Day is our opportunity to SOUTH COUNTY On a lighter note, the South County County Division of the SCBA appreci- enjoy their lunch, listen to their honor the women and men of our PRESIDENT’S Courthouse project is surging forward. ates the support and herculean effort instructions, and then head to their MArmed Services who have given For those of you who attended the of the many county staff members who assigned golf carts to enjoy the shoot- the sacrifice to protect us. In COLUMN general membership meeting, you have labored with Wiley and his staff ing. You should try it next year. It is a prior article, I wrote about Michael heard Beth Waskom’s report about the to move this complex project along always in April, and always on Friday. Douglass, our local hero who prac- progress being made. For those who and deliver this report to the County Even if you are a novice, you can enjoy ticed in the Twelfth Judicial Circuit. missed Beth’s report, a presentation Commission by its target date. Please this event. Thank you, Skip, for your At the recent funeral for Englewood’s to the County Commission is sched- remember that this dream would not continued willingness to chair this renowned sculptor, Jim Sears, I had uled for the May 18 meeting at the be moving toward reality without the event, which has become one of this the opportunity to speak with Mike’s South County Commission chambers. continuing work being done by Beth Division’s signature events because of widow, Angela. She wanted to thank Dan Wiley, Dan Wiley & Associates, Waskom, our Courthouse Chair. If the your efforts. me for the article about her husband, who specializes in Court Operations referendum is approved, then the next By the time this article is published, and she wanted to tell me that their and Facility Planning, has prepared big step will be to promote support for the Historic Train Station Wine Event daughter is battling a serious illness. a comprehensive summary of the its passage on the November ballot. will have come and gone. This event Can all of you take a few moments KERRY MACK, projected staff and space requirements Please stay involved; this project is sponsored by Village on the Isle to remember Mike, thank him for his Esq. for the South County Judicial Center. will be a benefit to all of the citizens and our corporate sponsor, Kerker- service to our country, and include his The Mack Law Wiley’s task was “to create an opera- of Sarasota County and all of the ing Barberio. The appetizers were daughter in your prayers (if you say Firm, Chartered tional and spatial program for a court members of the SCBA. provided by The Crow’s Nest, a local them) or make a donation to benefit specific expansion at the R.L. Ander- Who went to the Clay Shoot? Skip waterfront restaurant. This event will cancer research on her behalf? Look son government complex in Venice. Berg did his usual fine job of organiza- be moved back to its former time slot around in your community and write a This program for a South County tion, and everything went smoothly. in the fall after our 2016–2017 season Docket article about the many heroes Judicial Center would be used to esti- Holly and Hailey, our fabulous Bar begins. So, if you failed to register who live here, so we can tell them how mate related construction and project staff, were organized and moved regis- early for the April event, you will much we appreciate them while we costs, which would in turn be the basis tration and the distribution of shells another opportunity in October or still can. Memorial Day is for those for potential inclusion of the expan- along painlessly. Who remembered November. This is another Skip Berg who have gone. Every day is for those sion project in a capital bond issue to thank them for the work they do event. If everyone stepped up and gave of us who remain. So, take the oppor- to be submitted to the tax payer for for us every day? Skip had over 100 the SCBA even a fraction of the effort tunity to express your gratitude to our approval later this year.” (Wiley report shooters attend, and it was like poetry that Skip puts forth every year, just service personnel while you still can. dated March 7, 2016). The South in motion watching the participants See SCD, Page 7

Clays Chair Skip Berg (center) welcomes guests and acknowledges event sponsors Kerkering Barberio, Community Sporting Clays guests enjoy camaraderie and a BBQ lunch before Left to right: Rick Santos, John Christian, David Cornish, Neil Foundation of Sarasota and Caldwell Trust for their support. hitting the course. Milligan and Russ Snyder

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An itemized tax donation slip will be provided. The Woman’s Exchange is a 501(c) 3 www.sarasotawex.com 539 S. ORANGE AVE 941-955-7859 MON-FRI 9-4 & SAT 10-4 1st FRIDAYS TIL 5PM *U*Unnfofofortuttunatelunatately, tthehere mmayay bbee a ttimesimmees whhenen aann eesestatstatate ddodoesoes nnotot quqqualifyualilify ffoor thtthehe ““RMORoyooyalyal TreeatmentREattmmentnt ” THANprogograamm dduue $7.8 MILLION AWARDED IN GRANTS AND SCHOLARSHIPS May2016 7

SECTION NEWS CLERK OF THE CIRCUIT COURT

ADR SOLO PRACTICE of an exploitation case, how law Chair: Michele Stephan, Esq., Chair: Patricia C. Meringer, Esq., The enforcement handles these cases, and In Sarasota, where Shapiro, Goldman, Babboni & Walsh Meringer Law Firm, P.L. how they are eventually prosecuted. Key tips will be provided to attorneys May and June meeting schedule Spring networking event on what to do when faced with an do all those fees go? Please mark your calendars and plan Come join the Solo and Small Firm exploitation situation. The noon to attend the May and June meetings Section on Thursday, May 19, for our luncheon will be held at Michael’s on s fee-based offices, Clerks of Court collect and distrib- of the ADR Section of the SCBA. Cost spring networking event. Members East. Special thanks to our sponsor, ute monies pursuant to Florida Statute, and must oper- is $30 for each meeting and payable will be introduced and practice area Kerkering, Barberio & Co. Aate on the remaining funds they are authorized, by law, to the SCBA. If you need CLE/CME information exchanged to develop to retain. credit hours don’t delay, register effective referral relationships. Be sure FAMILY LAW In FY2015, Clerks statewide collected $1.045 billion in NOW! Each meeting will qualify for to bring plenty of business cards. Chair: Dana B. Keane, Esq., Keane & fines and fees, but were only allowed to retain two (2) live CME credits in either Sponsored by Ortiz Kleinberg, the Keane $427.7 million — well less than a half, or 41% — to fund Ethics or Domestic Violence. CLE evening will include appetizers and 67 Clerks offices. The larger share — credit is pending with the Florida Bar. complimentary drinks. The event is Business valuations in family law CLERK’S $616.7 million, or 59% — was redi- The May meeting, sponsored by for solo and small firm attorneys, On May 26, Robert Piper, CPA/CFF/ rected to the State of Florida. Shapiro Goldman, Babboni & Walsh, defined as a true solo or attorney in CVA, shareholder at Piper, Hawkins, CORNER But let’s narrow the scope. Here’s personal injury attorneys, will be a law firm with no more than three and Company, will be speaking how it looks locally. held May 11, 2016 from 5:30 to 8:00 attorneys. Don’t miss this opportunity to the Family Law Section about In FY2015, the Sarasota County p.m. at Mediterraneo restaurant. The to socialize with your fellow Bar business valuations. He will discuss Clerk and Comptroller collected $97.7 topic is Mediator Ethics with speaker members. when they are needed, how to read million in fines and fees, but were only Bob Hoyle, Esq., current chair of the The event will be held at the them, and how to do direct and cross able to retain $18.6 million — 19%, Florida Bar ADR Section. offices of Fowler Law Group, 2075 examination of expert witnesses about well less than a quarter — for operat- The June meeting is sponsored by Main Street, Suite 38, and begins at them. ing costs and salaries. Vincent M. Lucente & Associates, 5:30 p.m. Space is limited to the first The luncheon will be held at noon The larger share — $79.1 million, Court Reporters, and will be held June 35 members to RSVP. Cost is $25 at Florida Studio Theatre, 1265 First or 81% — was disbursed to the state 8, 2016 from 5:30 to 8:30 at the home per person. Please register early by Street (new building on the corner of Karen E. Rushing general fund, trust funds, and munici- of Michele Stephan. Address will be returning the reservation flyer. Cocoanut). CLE will be applied for. Clerk of Court pal agencies. forwarded upon registration. The topic and County Florida Clerks will continue to will be Domestic Violence. JOINT MEETING: ELDER LAW and Comptroller work with the Legislature in an effort ESTATE PLANNING & PROBATE to address adequate funding. Last REAL PROPERTY EPP Chair: Aaron S. Thiel, Esq., PNC year’s study provided to the Legisla- Chair: Sheryl A. Edwards, The Wealth Management SCD ture clearly indicates that additional resources are needed to Edwards Law Firm, PL Elder Law Chair: Andrew Boyer, Continued from Page 6 support the mandates that have been required of Clerks. Esq., Boyer & Boyer, P.A. imagine how much greater our organi- Clerks continue to suggest that the fees collected by Avoiding a legal malpractice claim zation would be. Clerks should be used to provide the services provided by Did you know that the real estate Exploitation — What to do when There are several new lawyers in Clerks. If the Legislature supports this approach, it will practice area has the highest incidence your client is the victim the South County area. Have you require changes in the law that allows Clerks to retain a of legal malpractice claims? Learn how The Estate Planning and Probate joined this Division yet? If not, please larger portion of the current assessments they collect. to avoid a legal malpractice claim by Section and the newly formed Elder contact the SCBA office or go online attending the Real Property Section Law Section will hold a joint meeting to our fabulous new website and fill $97.7 million was collected by the Sarasota County Clerk of Meeting on Thursday, May 12, at on May 25 and will feature a panel out an application form. The next Courts in FY2015. Here is where the money went: noon at the Sarasota Yacht Club. Brett discussion regarding Exploitation event for our Division is the Casey Preston of Hill, Ward and Henderson – What to Do When Your Client Key Fish House outing planned for will provide tips on implementing Is the Victim. The panel will be May 6, and we welcome all members $79.1 million $18.6 million procedures to help you avoid being moderated by Andrew Boyer, Esq., and of the SCBA and those who wish to Disbursed to state Retained by a defendant in a legal malpractice will include attorney Lisa Chittaro, become members. Remember, this is general fund, trust funds Sarasota case. Florida Lawyers Mutual Sarasota County State Attorney’s the opportunity to bring your staff to and municipal agencies Clerk Insurance Company is the program Office, and Detective Jason Friday, enjoy the sunset, cocktails, music and sponsor. CLE will be provided. Sarasota County Sheriff’s Office. the camaraderie of your colleagues. 81% 19% The panel will cover the ins and outs See you there.

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NEWS OF NOTE distinctly American style of classical gan’s Island Theme, the NBC Nightly WILLIAMS composition, forged by composers News, the Imperial March (or other n Berlin Patten Ebling PLLC is pleased to announce the Continued from Page 3 like Aaron Copland. It has influenced themes from Star Wars), the Super- addition of Benjamin DeMarsh, Esq. He becomes the ninth exposed to the magic behind filmmak- new generations of composers such man March, the Raiders March (Indy’s attorney in the firm’s expanding practice and will be join- ing, and I was hooked. In the years as Michael Giacchino (just listen to theme), the Harry Potter theme, E.T.’s ing the firm’s litigation department. DeMarsh will primar- that followed, Williams cranked out Jurassic World and hear his famous Theme, Jurassic Park, Home Alone ily practice in the areas of residential and commercial real one memorable score after another, themes). Without Williams’s contri- ...? Now try to recall the same number property related litigation. from E.T. The Extraterrestrial to Raid- butions, I seriously doubt the mega- of pieces from any other American ers of the Lost Ark. On Sunday nights, buster films that he has scored would composer. n The law firm of Fergeson, Skipper, Shaw, Keyser, Baron his main title to the TV show Amazing be nearly as successful. Hollywood Amazingly, Williams just celebrated & Tirabassi, P.A., is pleased to announce that Michelle Stories was a highlight. loves when art turns into dollars, but his 84th birthday and is at the top Lajoie Hermey has received the prestigious AV Preeminent As I have gotten older, Williams’s studios probably don’t grasp the full of his game. His score to The Force Peer Review Rating from the attorney-rating site Martin- works have matured as well. extent of what he has accomplished. Awakens is outstanding (considered dale-Hubbell. The rating is an outstanding achievement and Schindler’s List, which featured soloist Not convinced? the year’s best by most film music demonstrates that a lawyer has earned the highest rating Itzhak Perlman, was a step forward For those of you who enjoyed enthusiasts) and was an Oscar nomi- available for legal ability and professional ethics. for both Spielberg and Williams. It The Force Awakens and the nostalgic nee. He will be continuing his 40-plus garnered Williams his fifth Oscar win buildup to it, try this experiment. years of collaboration with Spielberg (the most for any composer). It also Watch the trailer with the sound off. with this year’s big-screen adapta- CLASSIFIED ADS kicked off what I consider Williams’s Now replay the trailer with the sound tion of the Roald Dahl tale The BFG. more serious years, highlighted with on and your eyes closed. Which was Here’s hoping that there will be many OFFICE SPACE dramas such as Saving Private Ryan, more effective? more of his works to come. PRIME DOWNTOWN OFFICE SPACE AVAILABLE. Large Suite with 12 Amistad, Seven Years in Tibet, JFK, Can you find a corner of Universal Offices, Reception, Conference rm, Kitchen, Copy rm, Storage Rm , Server Rm. Available Furnished. Signage Opportunity on Building on both Fruitville Rosewood, Sleepers, Nixon, Angela’s Studio’s Wizarding World of Harry and Orange. Location: 235 N. Orange Ave. Contact Roy Dupuis, Anchor Ashes, Memoirs of a Geisha, A.I. Arti- Potter that isn’t playing Williams’s Realty at (941) 379-4405. ficial Intelligence, and Munich. score? Williams only scored the first 2389 Ringling Blvd. 1,215 sq. ft. professional office. Excellent location, While he is best known for his three of the eight films, but his themes MIRACLE LEAGUE parking. $15 sq. ft. + real estate Taxes. Call (941) 954-0303 film scores and ceremonial music, are dominantly played throughout Continued from Page 5 1432 1st St. near Whole Foods. Large office with separate office for Williams is also a noted composer of the park. How does that enhance the Come see a game; admission is assistant. Use of conference rooms, full kitchen, parking spot, phone concert works, a skilled arranger, and experience? Just wait until Disney free! There are also several other ways system and utilities included. Join 3 other attorneys, cross referrals a renowned conductor. On a techni- World opens The Star Wars Experi- to show your support. The Birdland possible. $1,300 per month. Call Kevin at 374-1362. cal level, his compositions are quite ence. Golf Classic is a major fundraiser Great Exposure on 301 and Walk to Courthouse – Sublease of Furnished complex while still being accessible. Check out the live score audio for the League, giving supporters the + space in American Momentum Bank Building – 2 large offices with room for 2-3 staff. Ample parking. Storage room and internet service Much like Bach and Mozart, Williams option on the Blu-ray for E.T., espe- opportunity to golf and dine with included. $3,200/mo. Email [email protected] for more has a mastery of counterpoint, a tech- cially the music for the last fifteen the Baltimore Orioles, who gener- information. nique that most modern film compos- minutes of the film, which reaches ously donate their time and “baseball EMPLOYMENT ers are unable to grasp. operatic heights. swing” to the Classic. The Pittsburgh Williams’s music is all around us How many of the following Pirates also support the League in Litigation Attorney: AV rated, well-established Sarasota law firm seeks Associate attorney with at least 2-plus years of experience in commercial and an essential part of pop culture. Williams themes can you immediately the annual Pirates Pep Rally. Both litigation and/or civil litigation. Immediate opening. Must be an active He has developed and refined that hum: the Olympic Fanfare, the Gilli- teams have been instrumental in the member of The Florida Bar. The firm handles a wide variety of litigation League’s growth since 2008. Addition- in the areas of construction, business, real estate, mortgage foreclosure, contract law, landlord tenant, trusts/probate, personal injury and general ally, the League receives support from commercial representation. High academic credentials and successful The Docket is a publication of the Sarasota County Bar Association. events such as the Bennet Guard Golf employment history required. Excellent communication and interpersonal All articles printed herein are the property of the Sarasota County Bar Tournament, Fantasy Camp, Trick or skills in addition to professional acumen are essential. Compensation Association and may not be reprinted without permission. Trunk, the Disability Services Fair, and commensurate with experience. Send resume to: Fergeson, Skipper, et al, P.O. Box 3018, Sarasota, FL 34230; or [email protected]; Attn.: Firm PUBLISHER: SCBA Executive Director Holly Lipps the Bradenton Marauders games. Administrator EDITOR: Daniel R. Strader, Esq., Shumaker, Loop & Kendrick, LLP Please visit the League’s website at www.miracleleaguemanasota.org for MISCELLANEOUS DESIGN AND EDITORIAL CONSULTATION: Peter M. Gentile, petermichael associates more information, to make a dona- NY Attorney with 16 years litigation experience in civil litigation and matrimonial can assist you with your NY client legal issues. Legal research/ The Docket encourages submissions of interest to SCBA members. Contact the SCBA office tion, purchase an advertisement, or to motions/appeals /court procedures. Excellent references available. via e-mail ([email protected]) or phone (861-8180) for further information. The Docket is get involved. Now, let’s play ball! [email protected] or (914) 242-7020. published 10 months a year. Deadline is the first Friday of the month preceding the month of Jordan J. Riccardi is Director and publication. Secretary of Miracle League of Mana- sota

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