April

Apr./May
2009
Columns
2 President’s Message
3 Editor’s Comments
5 Avocat de Famille
For the members of the Clearwater Bar Association
2009–2010
Board of Directors
9 Young Lawyers
9 The Rules Rule
9 Bits & Briefs
12 Foundation Footnotes
13 Bankruptcy
14 New & Reinstated Members
Joseph A. Corsmeier
President
Donald S. Crowell
President-Elect
Jennifer A. Reh
Secretary
Marcus A. Castillo
Treasurer
Stephanie R. Bolton
Director
Kimberly A. Campbell
Director
Sherwood “Flip” Coleman
Director
John Davis Fernandez
Director
Bridget A. Heptner
Director
Myriam Irizarry
Director
Charles E. Lykes, Jr.
Director
Gale H. Moore
Director
14 Address Changes
15 Community Outreach
21 Member Benefits
23 Classified
24 Calendar
Bar News
6 Oyster Roast Wrap Up
8 Judicial Reception Wrap Up
10 Thank You Exam Proctors
14 Bar Presidents Appointed
17 New Member Benefit
Features
4 27-Year Pro Bono Volunteer
10 Judge Morris Re-elected
Chief
11 Ground-Breaking Truancy
Program
17 Registered Paralegals
Update
19 Stetson Wins National
Competition
see 2009–2010 Officers and Directors Installed on page 4
2
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April/May 2009
•
RES IPSA LOQUITUR
President’s Message
by Jeffrey A. Albinson
Well, it has been one full trip around the sun since I was sworn in to
serve the CBA as president. Thank you for giving me this honor. I want
to tell you that the CBA is a strong organization that offers much to its
community. During the past year the CBA has provided time, compassions, money, food, housing, legal help, hope and much more to the community. Most
of this has been done without fanfare and without the expectation of anyone getting
anything more out of “the deal” than a warm glow and a new friend or two.
There are a great number of folks that provide the energy and human muscle necessary. These people do not ask for recognition, they volunteer because it is the right thing
to do. They volunteer because they are simply good people that want to do something
useful and helpful.
I have spent the year watching over this organization and I know it is in good hands. The
Board is fiscally responsible. Our Executive
Director is remarkably skilled at interpersonal politics and remarkably knowledgeable about the operation of a volunteer
association that is nearly 1,000 members
strong. She helps everyone understand their
role with grace and she helps every facet of
the CBA operate efficiently, thereby maximizing the contributions of our volunteers.
You can be proud to know that you are part
of a Bar Association that is well-known throughout
not only Florida but the nation as a model of creativity and accomplishments. As the
challenges ahead reveal themselves you should know that you can always look to the
CBA as a place you can go to offer help or to get help. That dual purpose should make
the CBA a fundamental part of your professional life for all time.
Thanks again for allowing me to serve as president. I have really enjoyed my time
in this role. It has been rewarding to get to know so many interesting people along the
way. It has also been fun to attend a lot of things that I would not normally attend—
either by choice or schedule. It has also been educational to field emails and phone calls
from CBA members that have taken the time to provide input on a subject or offer me
encouragement. We really have a diverse array of folks that give a hoot about things.
I suggest that everyone continue to voice opinions into the future—it really helps the
CBA Board and Officers understand what the membership finds important.
Have I said thanks for letting me serve as CBA president? Thanks.
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Clearwater Bar Association
•
Published by
The Clearwater Bar Association, Inc.
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Clearwater, FL 33756-5858
Telephone: (727) 461-4869
Fax: (727) 461-0063
Website: www.clearwaterbar.org
E-mail: [email protected]
O F F I C E R S – Terms Expire 2010
Joseph A. Corsmeier, President
Donald S. Crowell, President-Elect
Jennifer A. Reh, Secretary
Marcus A. Castillo, Treasurer
Jeffrey A. Albinson, Past President
799-1688
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D I R E C T O R S – Terms Expire 2010
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Gale H. Moore
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D I R E C T O R S – Terms Expire 2011
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EX OFFICIO
Zackary Zuroweste, YLD President
Joshua T. Chilson, YLD Pres.-elect
Andrew B. Sasso, TFB Board of Gov. Joan M. Vecchioli, Foundation Pres.
Karen France, Executive Director
796-7666
796-8282
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EDITORIAL C O M M I T T E E
Connie R. Stephens, Editor
John Aldridge, Advertising Manager
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The Res Ipsa Loquitur supports participation of the membership in production
of the publication. We encourage you to
submit articles and letters. However, we
reserve the right to edit any submission and
to publish only those articles that we, in
our sole discretion, deem appropriate.
NOTE: The comments, messages, statements
and opinions, legal or otherwise, expressed in
the articles herein are exclusively those of the
author and shall not be considered to be those
of the Clearwater Bar Association, its officers,
directors, agents, this publication, its editors or
staff. Additionally, the comments, statements and
articles contained herein are general in nature and
should not be relied upon as a basis for any legal
opinion, action or conclusion on the part of the
reader with respect to any particular set of facts
or circumstances.
www.ClearwaterBar.org
Editor’s Comments
by Connie R. Stephens
It is a wee bit chilly as spring has sprung. But we all know that it will
just be a matter of moments before the fire in the belly explodes. Florida is in a drought and has suffered through tough water times these
last few years. We do not stand alone in this climatic dry pit. But that
does not make it any easier to watch our water tables fall and envision the ever present
waste to our lakes, streams and rivers from the heat. And in Florida, we know heat and
we feel it earlier than most.
It appears the legislation is heating up for a battle over raising the filing fees to
pursue legal redress in a court of law. This is a battle we as lawyers and lay persons cannot afford to lose. Justice should not have to carry a heavier financial burden because of
harsh financial times. Is this to punish those who feel that our legal system is too open,
too free and too expensive to dish out justice for all? Is there justice only for those who
can afford to pay? It is time to deal with this issue now! All people, not only Floridians,
are entitled to participate in a viable and open legal system without fear of financial
castration somewhere down the road. Deal with our legislators now. Educate the public
about the consequences of making it a financial hardship to garner justice.
The United States appears to be gaining a more positive image in the eyes of the
world. Let us not close our eyes on one of our most precious freedoms to seek redress
in a court of law. Legislation should not be able to upset the delicate check and balance
system between our three branches of government by pulling on or placing financial
stress on purse strings. The temperatures may be dry and hot for anyone who lives in
the tropical haven of Florida. It may just need to get a lot hotter in Tallahassee if the
legislation tries to financially restrict the pursuit of justice.
Connie R. Stephens is editor of Res Ipsa Loquitur and past chair of CBA’s Family Law Section,
Bench Bar Committee and Oyster Roast. She practices family law in Clearwater.
RES IPSA LOQUITUR
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April/May 2009
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3
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Clearwater Bar Association
•
www.ClearwaterBar.org
4
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April/May 2009
•
RES IPSA LOQUITUR
2009-2010 Officers and Directors Installed
Congratulations to the officers and directors of
the Clearwater Bar Association pictured on page
one. These individuals will guide the association
over the next year. The masthead on page two lists
the phone number for each officer and director,
and snail mail and email addresses are available
at clearwaterbar.org. CBA members are encouraged to contact the leadership at any time with
suggestions and ideas as well as with questions
and concerns.
Immediate past president, Jeffrey A. Albinson,
is also a voting member. Andrew B. Sasso, 6th
Circuit representative to The Florida Bar Board
of Governors; Zackary Zuroweste, president of
Young Lawyers Division; Joshua T. Chilson, president-elect of Young Lawyers Division; and Scott
E. Schiltz, editor of Res Ipsa Loquitur; all serve as
ex officio, non-voting members of the board.
Jeffrey A. Albinson
Past President
Andrew B. Sasso
TFB Board of Governors
Joshua T. Chilson
YLD President-Elect
Zackary Zuroweste
YLD President
Scott E. Schiltz
Editor, Res Ipsa Loquitur
27-Year Pro Bono Volunteer James “Van” Vanderplas
We always called him “Van,” and he preferred this, even though his given name
was James. I first met Van 27 years ago
while I was volunteering with Gulfcoast
before I went on to law school. I recall Van
telling the staff then how he had recently
retired from his career as a professor of
psychology at Washington University in
St. Louis, and how, while teaching there,
he had made the time to earn his law degree. I remember when he regaled us with
the story of how he sailed his small sail
boat from St. Louis down the Mississippi
River into the Gulf of Mexico and finally
to his new home site in Indian Rocks
Beach, and the narrow escapes he had
along the way. Van was also a modest veteran of WWII. I remember thinking, “this
guy is really something else,” and through
the ensuing years he only confirmed that
my initial impression was correct. Sadly,
Van passed away on February 26th at the
age of 85.
For 27 years Van was steadfast in his
commitment to volunteer his services
twice a week at our Clearwater office. He’d
interview and counsel applicants one day
each week and come in to roundtable all
those intakes each Friday. I estimate that
he interviewed and counseled nearly 5,000
needy people over the years, and in 2005
he was recognized by the Florida Supreme
Court and awarded the statewide Tobias
Simon Pro Bono Service Award. He
was also recognized with the Clearwater Bar Foundation’s Excellence in Pro
Bono Award.
John Cunningham, Gulfcoast’s
executive director, has known Van since
John was the managing attorney at the
Clearwater office in the early ‘80s. He
said, “Van has set a standard for
Pro Bono service that will hold up
for many years. This community
has lost a quiet hero.”
Van’s life teaches us all
that pursuing passions in life
keeps one youthful and socially
Clearwater Bar Association
engaged. He loved to talk about music,
especially his guitar and the next gig
with his band. He was active in his
church and spoke often about the fellowship he found there. He was always quick
with a joke or a pithy comment about
politics, current events, or the book he
just finished, and his unique sense
of humor never failed to make the
task at hand more bearable. We
will miss Van very much, and we’re
grateful for the enduring gift he
leaves behind of a life well-lived.
Our prayerful condolences to his
wife Jean.
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www.ClearwaterBar.org
Avocat de Famille
First and foremost, by
far the most important
development in Family
Law this month is that
the Florida Supreme Court has finally
published the long awaited Parenting
Plan. This form, along with other revised
Family Law forms, can be accessed on the
Supreme Court’s website www.flcourts.org.
I know that there were a couple of different forms used for Parenting Plans that
were floating around.
The official plans are Forms 12.995(a)
and 12.995(b). The (a) plan is the form to
be used in the development of a Parenting
Plan if the case does not involve supervised timesharing. The (b) plan is for
supervised timesharing.
In comparing the form that we have
used since October, the Supreme Court’s
official form is very close. However, there
are some definite differences and I would
urge you to download the official form.
For example, where the old form included
extracurricular activities and religious
training under items to check off as to
the responsibility of the Mother, Father
or Both, the new form adds a section on
Extracurricular Activities and breaks
those activities down further asking the
parents to allow either parent to register
the children to participate in activities or
require the parents to mutually agree. It
also splits the costs for the activity as well
as uniforms and equipment and addresses
the parent who will transport the minor
children. The new form also includes a
whole new section on Scheduling which
RES IPSA LOQUITUR
breaks down more holidays, re-designates
a section as Education, adds home school
provisions and removes the choice of Mediation being required or not before filing
a court action. The new language takes out
the choice but does not mandate Mediation. Finally, the form contains language
that includes information for a non-lawyer filling out the form for someone else.
In short, you get the idea that the Plan is
probably different from the one you are
currently using, so please download both
the supervised and unsupervised versions
of the Plan.
Florida Admin Rule for Prepaid Plans
19(b)-5.004 details the recent changes
to the Florida Prepaid College Plan. It
is now harder to unilaterally cancel the
Prepaid College Plan. Perhaps you have
had the experience of a former husband or
former wife cashing out their child’s plan
unilaterally because it was only in that
person’s name. The Prepaid Plans bought
after February 1, 2009, will require both
the purchaser and any listed survivor to
agree before a plan can be cashed out if
done so before the child goes to college.
If a Prepaid Plan was purchased prior to
February 1, 2009, a survivor can be added
and the request made to give that person
a right of refusal for any plan cancellation or changes. However, be aware that
anyone who wants sole control of the plan
can still choose to not list a survivor.
If you are a member of the Clearwater
Bar Family Law Section and are on the
Clearwater Bar e-mail list, you probably
received a “State of the Family Law Sec-
THOMAS W. REZANKA
Serving Others Since 1980
Do you need to settle
an estate ? We can help.
The author practices family law in Clearwater
at Johnson Pope Bokor Ruppel & Burns, LLP.
He is past president of Clearwater Bar, past
chair of its Family Law Section and Pro Bono
Committee, and currently serves on the Board
of Trustees of Clearwater Bar Foundation.
2672 Westlake Rd, Palm Harbor 34684 727-787-3020
Visit us on the web at www.WillandTrustSettlement.com
•
•
5
tion” letter from Section Chair, Bridget
Heptner. One of the items she discussed
was attorneys willing to work as Guardians ad litem in appropriate cases. I know
Judges have been reluctant to call attorneys out of the blue and put them on the
spot and ask them to be a Guardian ad
litem in a case. It was discussed at a recent
Judicial Roundtable that we would put
together a volunteer list of attorneys, both
paid and unpaid, with the pay grade being
$200.00 per hour, for attorneys willing to
act as Guardians ad litem. The same issue
came up at the Clearwater Bar Association Pro Bono Committee meeting earlier
this month. Initially it was discussed that
a list of attorneys willing to take Pro Bono
cases would be compiled and Gulfcoast
Legal Services would have a list of potential attorneys willing to take cases. We
then decided it would not be a bad idea
to go ahead and add attorneys willing to
do volunteer Guardian ad litem work on
the same list. This seems as if it would be
a huge benefit to Judges and children in
high conflict cases. It allows attorneys to
make a difference in people’s lives while
also fulfilling their Pro Bono hours.
Finally, Bridget also announced in
her newsletter that on May 28, 2009,
the Hillsborough Bar and Clearwater
Bar have coordinated a seminar at the
Hillsborough Bar’s new Chester Ferguson
Law Center for lunch at noon followed
by a panel discussion with some of the
Second DCA Judges. There will also be a
tour of the Second DCA. After that, there
will be presentations from local Family
Law attorneys, a psychologist and a short
sale expert. All of this and CLE hours
too! Contact Bridget Heptner for further
information.
Stay focused on your core business and let
us focus on your estate settlement needs. We
all have our areas of proficiency...ours is estate
planning and settlement. What’s yours?
Clearwater Bar Association
April/May 2009
by Scott E. Schiltz
LAW OFFICE OF
Elder Law
Estate Planning
Probate and Trust
Settlement
•
www.ClearwaterBar.org
6
•
April/May 2009
•
RES IPSA LOQUITUR
63rd Annual Oyster Roast Wrap Up
Food Stations
Barney Masterson Shrimp Inn by Johnson Pope Bokor Ruppel & Burns LLP
Bawarchi Indian Cuisine by Dilip Patel Law Firm
Bayou Bill’s Maker’s Mark by Bill Vinson
Beer is Food by Charles Law Office
BJ’s Oyster Bar by Clearwater Bar Association
The Coffee Bar by Standard Coffee Service
Conk’d Out Pirate Chowder by Family Law Group of Johnson Pope et al. and Wayne J. Boyer, Esq.
[Above] The grounds of Florin Roebig are a beautiful backdrop for the event.
Courtside Grill by Law Offices of Robert Eckard & Assoc.
Decadent Desserts by Young Lawyers Division
Fine Wine & Cigars by Larson & Larson, P.A.
[Left] DavisBasta Law
Firm sponsored
Snappers Grill
& Comedy Club.
Good Humor Ice Cream by Carlson Meissner
Habitat for Hamburgers by Tanney & Griffith, P.A.
Hep Mex by Bridget Heptner Law Office, Inc.
Sea Sea Riders by Perenich Caulfield Avril et al.
Snappers Grill & Comedy Club by Davis Basta Law Firm
Sport Nutz Grill & Bar by Bangos Law Firm
Tuscano Grille by Florin Roebig, P.A.
Corporate Sponsors
D&D Reporting
Palm Harbor MRI
Premier Miller Auto Injury Treatment Centers
[Right] Official
Oyster Roasters
included (l to
r) Judge David
Demers, Felix
Hill, and Judge
James Pierce.
Stevens & Stevens Business Records Management, Inc.
Westlaw
Xerographics
Law Firm Sponsors
The Law Offices of Carin M. Constantine
Shades Party Bus & Party Bus USA
[Left] Law
student crew!
Provided by John A. Parvin, Esq.
Oyster Roast Co-Chairs
Mike Faehner, Jim Royal & Kim Campbell
Special Thanks To
Florin Roebig, P.A.
Clearwater Bar Association
•
www.ClearwaterBar.org
RES IPSA LOQUITUR
•
April/May 2009
•
7
[Left] It started with a bang! (Clockwise) Jim
Royal, Setup Chair; Kim Campbell, Food Station Chair; and Kristine Reighard, survey the
damage after strong winds toppled a tree—onto
the pirate ship.
[Below] Scott Schiltz, arrgh!
[Above] HepMex by (l to r) Bridget Heptner,
assisted by Mike and Nikki Luna.
[Left] Ed Cole (left) and Oyster Roast
Chair Mike Faehner.
[Left] Lang White and
daughter Becca enjoy
the roast.
[Above] Clearwater Bar members and guests enjoy the camaraderie, good food and good times.
[Left] Danielle Gilkey and Patrick Davis enjoy
the Indian cuisine.
Clearwater Bar Association
•
www.ClearwaterBar.org
8
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April/May 2009
•
RES IPSA LOQUITUR
2009 Judicial Reception
Hosted by:
[Right] Anne Freeman
and Kenneth Sunne.
Young Lawyers Division
Sponsored by:
Abrahamson, Uiterwyk & Barnes
American Cancer Society, Florida Division, Inc.,
Estate Planning Department
Awerbach & Cohn, P.A.
[Below] (l to r) YLD President Jason
Ester, Liz Hempling Zuroweste, and
YLD President-elect and Judicial
Reception Chair Zack Zuroweste.
Bangos Law Firm, P.A.
Baskin Fleece
Baxter, Strohauer, Mannion & Silbermann, P.A.
Clearwater Bar Association
The Law Offices of Carin M. Constantine
Patrick A. Davis, P.A.
Law Offices of Thomas J. Donnelly
Law Offices of Richard D. Green
Jennifer C. Harrington, P.A.
Johnson, Pope, Bokor, Ruppel & Burns, LLP
Kantaras & Andreopoulos, P.A.
Koch, Smith & Hoffman, P.A.
[Right] (l to r) Bob Persante
and Judge Mark Shames.
Kwall, Showers & Barack, P.A.
Macfarlane Ferguson & McMullen
Maxey Law Offices, PLLC
Perenich, Caulfield, Avril, Noyes & Perenich, P.A.
The Persante Law Group, P.A.
Sasso & Bodolay, P.A.
Staack, Simms & Hernandez PA
Connie R. Stephens, P.A.
Stetson University College of Law
Tanney & Griffith, P.A.
Law Offices of Tragos & Sartes, P.L.
Verbatim Professional Reporters, Inc.
Law Office of Lauralee G. Westine, P.A.
[Above] (l to r) Judge Jack Helinger, Judge John Lenderman,
and Jewel White Cole.
Clearwater Bar Association
•
www.ClearwaterBar.org
RES IPSA LOQUITUR
Young Lawyers
•
April/May 2009
•
9
by Jason C. Ester
Every year, The Florida
Bar’s Young Lawyers
Division hosts the Affiliate Outreach Conference for the young lawyer affiliate groups
throughout the state. At the conference,
The Florida Bar Foundation awards grant
money to affiliates for community outreach programs. This year, the Clearwater
Bar’s Young Lawyers Division received
$1,300 for the Raising Hope program in
Pinellas County.
Raising Hope is a private, not-forprofit organization established to meet the
emergency clothing and toiletry needs for
children entering the Pinellas County foster care system. Children in the foster care
system are often forced to move with little
or no notice and frequently are left with a
plastic garbage bag to move what few possessions they have. Often, the children are
moving without sufficient toiletries and
clothing to make a suitable transition.
Raising Hope’s goal is to provide each
child entering the foster care system with
a duffle bag filled with clothing, new
socks, underwear, shoes, and age-appro-
priate toiletry items. Because
foster children are already
faced with great obstacles
in their lives, Raising Hope
only purchases new or nearly
new items. The staff carefully
sorts, folds, and prepares all
clothing so that the children
feel normal and can attend
school with pride.
The grant money received
from The Florida Bar Foundation is enough to purchase
almost half of the duffle bags
that Raising Hope anticipates
needing in 2009. Raising
Hope is a worthy recipient of
A $1300 donation is made to Raising Hope by the
these funds and the Young
CBA Young Lawyers Division. (l to r) Jason Ester, YLD
Lawyers Division is proud to
president; Raising Hope representative; Zack Zuroweste,
help make their invaluable
YLD president-elect; and Josh Chilson, YLD Secretary/
work continue. For more
Treasurer.
information about Raising
Hope, including volunteer or contribudirectors for 2009–2010 effective May 1
tion opportunities, visit their website at
which include: President Zack Zuroweste,
www.raisinghopefl.org.
President-Elect Josh Chilson, Secretary/
The Clearwater Bar Young Lawyers
Treasurer Colleen Carson, and DirecDivision recently elected officers and
tors Stephanie Libbey, Shelly Beach,
Dan Parrk, Missy Loesch and Michelle
Nadeau. Jason Ester will continue on the
board as immediate past president.
The Rules Rule
The rule maker did not
take a break last issue.
The one who reads all
these rules had to take
a rest. The administrative rules are up
and running as follows: Administrative
Order No. 2009-003 PI-CTY deals with
the onslaught of civil traffic infractions.
It contains a handy form (attachment A)
dealing with a Second Request for a Continuance and Order.
The rule maker has reinstated The
Civil Traffic Infraction Hearing Officer
Program, establishing evening calendars
and addressing calendaring issues for
civil infraction cases in Pasco County.
See, Admin. Order No. 2009-010 PA-CTY
and Adm. Order No. 2009-008 PI-CTY.
Attorney Francis McGarry Lee is added
to the list of attorneys to act as a hearing
officer to hear civil traffic infractions for
Pasco and Pinellas Counties. Adm. Order
No. 2009-009 PA/PI-CIR.
by Connie R. Stephens
Current court costs, assessments,
surcharges and fines can be found at Adm.
Order 2009-006 PA/PI-CIR. There are
minimum mandatory costs established
for misdemeanor cases, felony cases, DUI
costs and fines, delinquency costs, revenue
report template for court ordered fines,
costs and fees via attachments A-F.
Our unified family court was created
in 2001 and consists of sections 1, 2, 5 and
6. In order to ensure an even distribution
of cases, zip code information based upon
a minor child’s most recent residential
address is assigned to certain sections.
See, Adm. Order No. 2009-005-PI-CIR for
your cases zip coded assigned section.
Ruling Out, Connie R. Stephens
The author is a junior assistant county attorney
and serves on the board of directors of Clearwater Bar Association as a Young Lawyers
Division President.
Bits & Briefs
• David B. Smitherman is pleased to
announce the formation of the law firm
of David B. Smitherman P.A. and will
continue to practice primarily in the
areas of Marital and Family Law, Wills,
Estates, Probate Litigation and General
Civil.
Connie R. Stephens is editor of Res Ipsa Loquitur and past chair of CBA’s Family Law Section,
Bench Bar Conference Committee and Oyster
Roast. She practices family law in Clearwater.
Clearwater Bar Association
•
www.ClearwaterBar.org
10
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April/May 2009
•
RES IPSA LOQUITUR
Thank You Bar
Exam Proctors
The Florida Board of Bar Examiners
wishes to acknowledge with appreciation
the following Clearwater Bar Association
volunteers for their generous assistance in
proctoring the General Bar Examination
held February 24-25, 2009, at the Tampa
Convention Center:
Michael Faehner, Dion Hancock,
Marion Hale, Fabian Lokenauth, Gale
Moore, John Parvin and Robert Patton.
The success of the administering of the examination was due in no small part to their
courteous and professional assistance.
There were a total of 1,493 applicants
who took this examination. Without the
help of volunteer proctors, we would not
have been able to move the examinees
through the metal detectors so quickly
or to monitor the applicants during the
examination.
Appreciation is extended to the volunteers for their courteous and professional
assistance.
Michele A. Gavagni, Executive Director,
Florida Board of Bar Examiners
Chief Judge Robert Morris
Re-Elected for New Term in
Sixth Judicial Circuit
Circuit Judge Robert J. Morris Jr. has been re-elected for a
second two-year term as chief judge of the Sixth Judicial
Circuit, beginning July 1.
About two-thirds of the way through the first year of his
initial term, state and county governments began to feel the
serious effects of the declining economy, and for more than
a year, Judge Morris has guided the local courts through
budget and staff cuts, duty re-alignments and increased
caseloads, particularly in areas such as real estate foreclosures.
Judge Morris attributes his first term accomplishments to the judges he works
with on a daily basis. “Without the support of the 68 judges that I serve, this job –
in these difficult times – would be nearly impossible,” he said. “It is a privilege to
serve them and the people of the Sixth Judicial Circuit.”
Judge Morris has been on the bench since 1997, when he was appointed to
a vacant county judgeship by Gov. Lawton Chiles. His tenure on the circuit
bench began in 2002 after he was appointed by Gov. Jeb Bush. Because of his
expertise in Family Law, then-Florida Supreme Court Chief Justice Barbara J.
Pariente appointed him in 2004 to chair the Supreme Court Steering Committee
on Families and Children in the Court. In 2006, Florida Supreme Court Chief
Justice R. Fred Lewis appointed him to a six-year term on the state’s Trial Court
Budget Commission.
Certifications
Certified Circuit Civil Mediator
Board Certified Civil Trial Lawyer
Board Certified Business Litigation
Member Million Dollar Advocates Forum
AV Rated
MEDIATION
Experience
CHARLES A. BUFORD
27 years civil trial practice in most areas of
Civil Litigation, including:
Attorney at Law
Convenient Mid-County Location with
Multiple Conference Rooms Ideal for Mediation
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, Florida 33756
Phone: (727) 461-1818
Fax: (727) 441-8617
Email: [email protected]
Clearwater Bar Association
•
Commercial
Products Liability
Business
Auto Negligence
Construction
Insurance Defense
Professional Liability
Malpractice
Personal Injury
Insurance
Premises Liability
Probate
Real Estate
Employment
www.ClearwaterBar.org
RES IPSA LOQUITUR
•
April/May 2009
•
Court’s Ground-Breaking Truancy Program
11
Now in 12 Pinellas Middle Schools
The Sixth Judicial Circuit’s Truancy Magistrate Court, initiated as a pilot program
in 2006, now provides oversight of schoolskipping students at 12 Pinellas middle
schools. Modeled after a Rhode Island
program and funded with a grant from
the Juvenile Welfare Board of Pinellas,
the program sends a magistrate into the
schools to conduct hearings for students
with chronic absentee rates.
Students at participating schools are
given an opportunity to participate if a
truancy petition has been filed against
them for 15 or more unexcused absences
within a 90-day period. Parents who
choose not to participate are summoned
to court, where a judge uses state truancy
laws to deal with the parent and child.
Truancy Magistrate Court’s goal is to
divert the family from the court system to
social services that will re-route the child
toward a successful academic career.
Truancy Magistrate Carmen Follis
is available a half day each week at eight
schools and every other week at four
others, conducting initial hearings for
newly identified truants and status checks
on students previously referred to the
program. In the initial phases, parents are
required to attend with students.
By targeting middle school truancy,
it is hoped that the even more serious
truancy and dropout rates in area high
schools will be improved. Follis refers
to studies showing convicted criminals
released from prison the first time are
50% less likely to commit a violent crime
if they have a high school diploma or
graduate equivalency diploma (GED).
Police departments also cite the frequency
of kids committing criminal acts while
skipping school.
Circuit Judges Frank Quesada and
Irene Sullivan began exploring the idea of
Truancy Magistrate Court several years
ago when they realized that by the time
truants were coming to court, many of
them had amassed more than 70 unexcused absences within a school year. “We
realized we were just dealing with the tip
of the iceberg,” Judge Sullivan says. “We
were not picking them up quick enough.”
With the Juvenile Welfare Board
funds, the Administrative Office of the
Courts contracts with Follis and Family
Resources for 2.75 case workers. Since
being tried at five schools in the second
semester of the 05-06 school year, the
program has grown each year.
Both Judge Sullivan and Follis say that
truancy is a sign of deeper problems and
that the case workers are important in
rooting out those problems and getting
the children with appropriate treatment
providers. Judge Sullivan says, “It’s a
symptom of something else... environment, drug problems, low self esteem, undiagnosed learning disabilities, poverty...
they all can be the cause.”
While participation is voluntary,
Follis’s hearings are official court proceedings. Parents and truants sign
documents indicating they understand
the consequence of missed hearings or
non-compliance with other requirements.
Such failures will result in a summons
that takes the student and parents before
a judge.
Follis has seen her share of families
with needs. She was formerly an FBI agent
in New York City who also worked at
Gulfcoast Legal Services. At Gulfcoast,
she was in the family law section, representing battered women in dissolution
and injunction matters. Her juris doctorate is from New York Law School, and she
earned a bachelor’s in English writing/
literature at Fairfield University.
Follis says many of the truants are
“kids falling through the cracks while
the people in this large school system are
working to save all the kids.” At the first
hearing, she lays out attendance and class
performance goals that are tailored to
each child, always requiring the child and
parent “to fully cooperate with Family
Resources case managers, who may schedule home visits, conduct evaluations and/
or recommend services.” She also designates an in-school mentor for truancy,
and attempts are made to link children
with scholarship opportunities, in-school
activities and new hobbies.
“We have very dedicated principals,
teachers, attendance specialists, social
workers,” she says. “Everyone makes us
feel very welcome in Pinellas County’s
schools.”
If she finds that certain controllable
factors are affecting the child’s atten-
Clearwater Bar Association
•
dance, she might order no contact with
people with a criminal record, abidance to
all home and school rules, nightly curfew
of 7 p.m., and obtaining teacher signatures confirming on-time attendance.
The involvement part of Magistrate
Truancy Court effects Judge Sullivan’s primary mantra for helping troubled kids—
“It’s all about engagement!,” she says.
Judge Sullivan declares that connecting
the parents, social workers, teachers, etc.,
to the child and getting the child to open
up is an essential element of “saving the
child.” She terms it the “Triple A’s remedy:
Attachment, Attendance & Achievement.”
“Often, it’s just a matter of improving the parent-child relationship,” Follis
says.
www.ClearwaterBar.org
12
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April/May 2009
•
RES IPSA LOQUITUR
Foundation Footnotes
by Scott E. Schiltz
For a change of pace, the
Clearwater Bar Foundation’s January meeting
was held in a conference
room at Pinellas County’s Enterprise
Village. Enterprise Village, for those of
you who don’t know, is an educational
program that provides a hands-on learning experience to develop basic economic
concepts such as the relationship between
business and consumers, and an understanding of work, the marketplace and
checking and savings account concepts.
This is done through a mini “downtown”
complete with restaurants, grocery stores,
museums, newspapers, banks and yes,
even a law office. Students are assigned a
job and are paid for their work. They are
able to save some of their paycheck and
can spend some. They can even purchase
items from the on-site McDonald’s. The
budding lawyers work out of an on-site
office sponsored by the Clearwater and St.
Petersburg Bar Associations. Talk about
hands-on capitalism!
After our Foundation Board meeting,
we adjourned for a tour of the Stavros
Institute where Enterprise Village is located. Upon viewing the small law office,
we noticed that the space had become a
bit dated. Also, perhaps “the case of the
Slippery Pickle” could use a bit of updating as well. This conversation turned into
our next agenda at the February meeting.
Members realized that the Enterprise Village program for elementary school kids
was great, but wouldn’t it be wonderful
to teach older, more sophisticated kids—
those in middle school. This resulted in
an agreement to try to sponsor a larger
space in Finance Park, a program for older
students at the Stavros Institute. Finance
Park is a program that, like Enterprise
Village, allows for a reality-based simulation for middle school students to develop
a realistic understanding of the economic
issues they must deal with upon graduation from high school. Students visit Finance Park to study the different financial
decisions to be made, and will actually
prepare a personal budget. The budget
will include decisions about transportation, investment, home improvement,
banking, housing, entertainment, health
care, utilities, food, home furnishings,
clothing, education and, it is hoped with
Clearwater Bar Foundation involvement,
legal representation.
We would like to sponsor this worthwhile program to the tune of $50,000,
payable $10,000 per year for five years.
Perhaps we can do this with the St. Petersburg Bar Association as well. It is never
too early to get a positive opinion of lawyers and the legal profession in general,
right? You will soon be seeing requests
for donations. While they last, for a $100
donation, you will receive a truly beautiful Clearwater Bar Foundation pin. It is
a three-color enamel over gold metal pin
and would make a great accompaniment
to any suit or sport coat.
Show your Clearwater Bar pride! Help
educate our children!
Briana McDonald, 2nd from right, was the recipient of the first Cheryl Smith-Khan
Memorial Scholarship presented by Clearwater Bar Foundation President Joan Vecchioli (center) at the Fred Minnis Bar Foundation Scholarship Banquet on April 14. The
scholarship amount of $500 was matched by a Minnis donor for a total of $1000. On hand
to witness the moment were left to right, Cheryl’s husband and son, Amir and Andrew
Khan, Vecchioli, Briana, and Briana’s mother. (Tax-deductible donations to the Cheryl
Smith-Khan Memorial Scholarship Fund can be made to the Clearwater Bar Foundation.
For more information call 727-461-4869.)
Expect more financial know-how
suited to your legal team.
At Regions, we understand the legal field. As you manage daily concerns such
as tort reform and an increasingly competitive market, it’s nice to know that at least your
banking can be simple. Regions offers you easy access to banking professionals who
have a wealth of experience with legal practices. In addition, we offer products specially
designed for law professionals. Call us today, and see why it’s time to expect more.
Patty Robinson | Business Banker | 727.544.8525
Gary Zino | Trust Officer | 727.592.6915
It’s time to expect more.
©2008 Regions Bank. Member FDIC. Opening deposit varies by account type. Credit approval and other restrictions may apply. All accounts subject to
the terms and conditions of the Regions Deposit Agreement.
Clearwater Bar Association
•
www.ClearwaterBar.org
Bankruptcy
RES IPSA LOQUITUR
•
April/May 2009
•
13
by Camille J. Iurillo and Gina M. Pellegrino
Look Carefully at Your Wages: Are They Exempt?
According to Florida’s
wage exemption statute, wages received by
a family’s primary breadwinner, otherwise referred to as head of household,
are generally exempt from attachment or
garnishment. See, Fla. Stat. § 222.11(2).
Are such wages exempt if a head
of household files for bankruptcy?
If a head of household’s wages are
placed in a separate bank account,
commonly known as a wage earner
account, those wages received within
the six (6) month period prior to
a bankruptcy filing are generally
exempt, provided that the funds
deposited can be traced and properly
identified as the head of household’s
wages. See, Fla. Stat. § 222.11(3).
Nevertheless, according to the applicable case law, if a head of household
opens a wage earner account, as set forth
above, and the wages deposited into the
account were received by the head of
household as an independent contractor
or if the wages deposited into the account
were commingled with funds from other
sources, then that wage earner account is
not exempt. See, In re Schlein, 8 F.3d 745,
755 (11th Cir. 1993).
Therefore, if a head of household is
deemed an employee, the wage exemption
set forth in Fla. Stat. § 222.11 is applicable;
however, if a head of household is deemed
an independent contractor, the wage
exemption set forth in Fla. Stat. § 222.11
is not applicable. If a dispute arises as to
whether a head of household is an employee or an independent contractor, the
court will consider a number of factors in
making its determination.
The Middle District of Florida, in In
re Moriarty, 27 B.R. 73, 74 (Bankr. M.D.
Fla. 1983), set forth the following factors utilized by the Court in determining
whether a debtor is deemed an employee
or an independent contractor:
(1) The existence of an employment
contract for the performance by a person
of a certain kind of work at a fixed price;
(2) The obligation to furnish necessary
tools and supplies;
(3) The right to control the progress of
the work;
(4) The time for which the person is
employed;
(5) The method of payment, whether
by time or by job; and
(6) Whether the work
is part of the regular
business of the employer.
Moreover, the Middle District of Florida held in In re Montoya, 77 B.R. 926,
929 (Bankr. M.D. Fla. 1987) that a
debtor was an employee, and thus
entitled to the wage exemption,
because there was an employment
agreement, the employer provided
supplies and personnel, the debtor
was paid a salary, and the employer
had exclusive authority to establish
professional policies and procedures. Furthermore, the Middle
District of Florida concluded in In
re Schlein, 114 B.R. 780, 783 (Bankr. M.D.
Fla. 1990) that an employment contract
is the best evidence that an employer/employee relationship was formed.
In conclusion, it is not enough to claim
wages received by a debtor as exempt,
merely because the debtor is the head of
household. It is important to note that if
the debtor has received wages as an employee the wage exemption is applicable,
but if the debtor has received wages as an
independent contractor the wage exemption is not applicable. If there is a dispute
as to the debtor’s employment status, the
court will consider a number of factors in
making its ruling. In addition, if a debtor,
as head of household, deposits wages in a
wage earner account, keep in mind that in
order to maintain its exempt status those
wages cannot be commingled with funds
from any other sources.
Iurillo & Associates, P.A., located in downtown
St. Petersburg, is comprised of Camille J. Iurillo,
Shareholder, Gina M. Pellegrino, Associate, and
Sabrina C. Beavens, as Of Counsel. The primary areas of practice of Iurillo & Associates, P.A.
are Commercial and Bankruptcy Litigation and
Debtors’ and Creditors’ Rights.
Clearwater Bar Association
•
www.ClearwaterBar.org
14
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April/May 2009
•
RES IPSA LOQUITUR
New & Reinstated Members
Welcome to the following new and reinstated members:
• Brown, Timothy, Stetson University
College of Law Class of 2011, Undergraduate Degree from University
of Florida 1998, 2538 W. Tennessee
Ave., Tampa, FL 33629, 813-426-7186,
[email protected]
• Colbert, Tiffany, Stetson University College of Law Class of 2011, Undergraduate Degree from University of Central
Florida 2008, 559 Zanesville St. S., St.
Petersburg, FL 33707, 407-920-8433,
[email protected]
• Crotty, Kenneth J., Quinnipiac School
of Law 2005, Undergraduate Degree
from University of California at Davis
1999, Gassman, Bates and Associates,
1245 Court St., #102, Clearwater, FL
33756, 442-1200, fax 443-5829, ken@
gassmanpa.com
• George, Kathy C., St. Thomas School of
Law 1998, Undergraduate Degree from
University of South Florida 1996, Kathy
C. George, LLC, 1177 Main St., Ste. A,
Dunedin, FL 34698, 734-1010, fax 7340900, [email protected]
• Lennon, Simone A., St. Thomas University Law School 2001, Undergraduate
Degree from University of South Florida
1998, Simone Lennon, P.A., 2645 Frisco
Dr., Clearwater, FL 33761, 813-765-2555,
fax 475-8004, [email protected]
• Silverman, Jonathan C., Stetson University College of Law 2003, Undergraduate
Degree from University of Central Florida 2001, The Silverman Law Firm, P.A.,
300 E. Madison St., Ste. 227, Tampa, FL
33602, 813-712-8720, fax 813-712-8782,
[email protected]
• Sosa, Martha V., Stetson University
College of Law 2008, Undergraduate Degree from University of Florida
2004, Gassman, Bates and Associates,
1245 Court St., #102, Clearwater, FL
33756, 442-1200, fax 443-5829, Martha@
gassmanpa.com
• Young, Bruce R., Stetson University
College of Law 1979, Undergraduate
Degree from Stetson 1972, Bruce R.
Young, Esq., 36402 US Hwy 19 N., Palm
Harbor, FL 34684, 787-0000, fax 7861889, [email protected]
Reinstated:
• Dolman, Matthew A., Stetson University College of Law 2003, Undergraduate
Degree from Ithaca College 1999, Walk-
er Law Group, 2605 Enterprise Rd. E.,
Ste. 168, Clearwater, FL 33759, 797-2020,
fax 797-3030, [email protected]
• Strohauer Son, Stacy E., University of
North Carolina at Chapel Hill 2002,
Undergraduate Degree from Vanderbilt University 1998, Baxter, Strohauer,
Mannion & Silbermann, P.A., 1150
Cleveland St., Ste. 300, Clearwater,
FL 33755, 461-6100, fax 447-6899,
[email protected]
Address Changes
• Beck, William H., Bill Beck Law, 19 W.
Tarpon Ave., Ste. B, Tarpon Springs, FL
34689, 942-8855, fax 942-9955
• Mackenzie, G. Michael, G. Michael
Mackenzie, P.A., 2032 Bayshore Blvd.,
Dunedin, FL 34698
• Coll, Francisco D., Law Office of Francisco Coll, PA, 3000 Gulf to Bay Blvd.,
Ste. 306, Clearwater, FL 33759
• Mag, Nancy B., Assistant Regional
Counsel, Offices of Criminal Conflict
and Civil Regional Counsel, Second
District of Florida, 14020 Roosevelt
Blvd., Ste. 805, Clearwater, FL 33762,
530-4400, fax 536-1151, [email protected]
• Driver, Tammi J., Director of Legal Services, Gift of Life Adoptions, 4437 Park
Blvd., Pinellas Park, FL 33781, 549-1416,
[email protected]
• Elliott, Herbert, 19 W. Tarpon Ave., Ste.
B, Tarpon Springs, FL 34689, 942-8855,
fax 942-9955
• Gordon, Michael, 10171 12th Way N.,
St. Petersburg, FL 33716
• Grantham, Walter L., Walter L. Grantham, Jr., P.A., Arbor Shoreline Office
Park, 19321-C US Highway 19 N., Ste.
606, Clearwater, FL 33764
• Joseph, Adam, Adam Joseph Attorney
at Law, 200 2nd Ave. S., Ste. 130, St.
Petersburg, FL 33701, 642-8358, fax
388-6778
• Smitherman, David B., David B. Smitherman, P.A., 600 Bypass Dr., Ste. 208,
Clearwater, FL 33764, 466-1456, fax
466-1458, [email protected]
• Tindell, Melinda P., Patten-Tindell, P.A.,
3000 Gulf to Bay Blvd., Ste. 304, Clearwater, FL 33759, 216-6202, fax 216-6204,
[email protected]
• Westmoreland, Chris, Chris Westmoreland, P.A., 600 Bypass Drive, Ste. 209,
Clearwater, FL 33764
• Williams, Robert Angus, Pepple, Johnson, Cantu & Schmidt PLLC, 2430 Estancia Blvd., Clearwater, FL 33761, 797-5767,
fax 726-9272, [email protected]
Clearwater Bar Past Presidents Appointed
to Florida Bar Foundation Board
The Florida Bar Board of Governors has re-appointed Michael J. Faehner to the Board
of Directors of the Florida Bar Foundation for another three-year term. Michael is an
associate with the law firm of Fisher & Sauls. Senior Assistant County Attorney Jewel
White Cole has also been appointed to the Foundation Board. Both Michael and Jewel
are past presidents of Clearwater Bar Association.
The Florida Bar Foundation’s mission to provide greater access to justice is accomplished through funding of programs that expand and improve representation and
advocacy of the poor in civil legal matters. The FL Bar Foundation is governed by a
statewide volunteer board of directors and is composed of judges, bar leaders, lawyers in
private practice and the lay public.
Clearwater Bar Association
•
www.ClearwaterBar.org
Community Outreach
RES IPSA LOQUITUR
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April/May 2009
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15
by Angela Croft
Big Brothers Big Sisters Invites YOU
to be a part of something BIG
Big Brothers Big Sisters is the oldest and
largest youth mentoring agency and has
been serving the kids in Pinellas County
for over 40 years. We need 25 CBA members to mentor a child at Belleair Elementary School. Mentoring children in elementary school can significantly impact
the dropout rate. Big Brothers Big Sisters
has proven positive impacts! The children
who are paired with a School-Based “Big
Brother” or “Big Sister” are:
• Being promoted to the next grade
level 98% of the time
• 95% less likely to become involved
with DJJ
• 52% less likely to skip school
frequently to ask about your match and
answer any questions you may have.
We ask that you commit for one year
and actively meet with your “Little” at
Belleair. You spend
one hour a week on
the day and time
that works best
for you. These weekly meetings are fun
and “Bigs” and “Littles” spend their time
playing a game, working on schoolwork,
talking, or just eating lunch together.
Being a mentor is all about being a
consistent and reliable caring adult that
many of our kids miss out on. Mentoring helps kids reach their potential and
teaches them about friendship. It helps
build perspective and encourages them to
dream big and set goals for their future.
Be a part of something BIG! For more
information, to apply to become a Big
Brother or Big Sister, or to schedule an
informational presentation at your office,
please contact Angela Croft, Director of
School Based Programs at 727-434-3106
or send an email to [email protected].
• 46% less likely to use drugs
• 33% less likely to hit someone
• 27% less likely to use alcohol
Becoming a “Big” and getting involved
is easy. There is a simple enrollment and
orientation process. An agency staff
representative will conduct an interview
to get to know you better. This interview
is important because it helps us match you
with a child that will fit your personal interests and hobbies! You are then matched
with a student and given continued support from a Big Brothers Big Sisters Match
Manager who will check in with you
MATHIEU MEDIATIONS
James Mathieu, Esq.
Certified Circuit Court Mediator
Full time mediator serving
Pinellas, Pasco and Hernando Counties
Reasonable Rates, no travel charges and
on-line calendar availability
727-844-5000
7710 Grand Blvd. Port Richey, FL 34668
[email protected]
www.MathieuMediations.com
Clearwater Bar Association
•
Experience
30 Years Civil Litigation
Member Florida & Pennsylvania Bar
www.ClearwaterBar.org
16
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April/May 2009
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RES IPSA LOQUITUR
Clearwater Bar Association
•
www.ClearwaterBar.org
RES IPSA LOQUITUR
New Member Benefit
•
April/May 2009
•
17
You Deserve Professional Designs
Quill & Mouse Studios, Inc. is a local
(Clearwater) company specializing in
typesetting, graphic design,
logo work and website
development for clients
all across America. We’ve
been in business since
1996 and are pleased to say
the Clearwater Bar Association has been a client since
1997, when we began typesetting the Res Ipsa Loquitur. Since then,
we’ve done all sorts of projects for the Bar,
including creating logos for Bar’s 75th anniversary and designing their website.
Now, we’re offering to Clearwater Bar
Association members a 10% discount
on any design services over $250. This
includes logo work, graphic design, and
website design and creation.
What sort of work can we do for you?
You name it. We’ve done corporate identity packages, logos, business cards, letterhead, brochures, newsletters, postcards,
and even billboards. We’ve
done websites for a wide
variety of entities—lawyers
(of course), non-profits, a book
publisher, auto shops, medical
professionals, and even a men’s
clothier, to name a few.
We’re in the service
business, just like you. We
understand time is money.
We know meetings can eat
up a lot of your time that could better
be spent servicing your clients. For this
reason we’ve mastered the art of conducting all necessary business via the phone,
fax, and email. We strive to make things
as easy and quick as possible.
We’d like you to be ecstatic (or at least
very pleased) with the results of our work
for you. So before we work up designs, we
listen to what you have to say about your
needs and desires. We usually work up a
variety of designs, based on what you’ve
said, and we work with you until you’re
satisfied the design meets your criteria.
If you’d like to talk to us about your
design, logo, or website needs, feel free
to call us at 727-442-8487, or email us at
[email protected].
Why should you trust us with your design work?
Hundreds of satisfied customers who’ve
done business with us for years, including the Clearwater Bar. You can
see a sampling of our website work at
completewebshop.com, and our logo/design work at quillandmouse.com.
Florida Registered Paralegal Program
Reaches One-Year Mark
The voluntary Florida Registered Paralegal program celebrated its one-year anniversary March 1, having registered 3,080
paralegals during its first year.
“The interest in the program has
exceeded our expectations,” said Lori
Holcomb, Florida Registered Paralegal
counsel at The Florida Bar, which administers the program.
A Florida Registered Paralegal is a
person with education, training or job
experience who is supervised by a member of The Florida Bar and who performs
substantive legal work for which the attorney is responsible. Additionally Florida
Registered Paralegals must meet specific
registration requirements.
Approved by the Florida Supreme
Court in November 2007, the program’s
goal is to better serve the public by estab-
lishing high professional standards.
The program allows for voluntary
registration of paralegals who have to
agree to abide by a Code of Ethics.
Applications are available on The
Florida Bar web site at http://www.
floridabar.org/frp. There is a $150 application fee.
Holcomb said that after registration papers are filed and if
everything is in order, processing
applications takes a couple of weeks.
Applicants who are approved are
notified by mail with certificates and
welcome packets.
To remain a Florida Registered Paralegal, 30 hours of continuing education
courses are required over a three-year
period, with five of those hours having to
be in professionalism or ethics courses.
Clearwater Bar Association
•
Yearly dues are $150 and must be paid by
Aug. 15. Florida Registered Paralegals will
receive renewal statements in the mail in
late May or early June.
Questions about the program can be
sent to [email protected].
www.ClearwaterBar.org
18
•
April/May 2009
•
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
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
Clearwater Bar Association
•
www.ClearwaterBar.org
RES IPSA LOQUITUR
•
April/May 2009
Stetson Wins National Student Trial
Advocacy Competition
•
A team of four students from Stetson University College of Law
won the prestigious American Association for Justice (AAJ) Student Trial Advocacy Competition during the finals in West Palm
Beach, April 2–5.
Stetson’s team of Nelson Baez, Derrick Connell, Sara Mieczkowski and Aaron Watson scored consecutive victories in mock
trials against teams from Loyola of Los Angeles, University of
Maryland, Loyola of Chicago, and Samford University.
“This is the most prestigious competition in the nation because
of its scope and the participation of distinguished members of the
bench and the attorneys who judge the competition,” said Nathalie
Etori, manager of the AAJ event.
The competition began with a staggering 248 squads from 147
law schools. Stetson advanced to the national final after winning a
regional tournament in Providence, R.I., five weeks ago.
“This competition is not an invitational,” said Professor Lee
Coppock, who directs Stetson’s trial team and travelled with the
team. “Our students had to earn their way to the nationals and
there we met, and defeated, the best from every other region in the
country. It was a great win for Stetson.”
Coached by Susan Demers, David Demers and Bobbi Flowers,
Stetson Law’s fourth championship in the national competition, the winning team members claimed their award (l to r) Nelson
which has occurred annually for more than 25 years, has created a Baez, Aaron Watson, Derrick Connell and Sara Mieczkowski.
sense of accomplishment among trial team participants.
“This is the reason I came to Stetson,” said Derrick Connell, a third-year Stetson
Law student. “My goal was to bring home a national championship, and we’ve done
that. It’s just an amazing thing.”
Connell said that since receiving the tournament case file in January, the trial team
has been practicing nearly every day. He attributes their success to strong coaching and
to how well the students worked with each other.
“We had such great chemistry,” said Connell. “You have to be able to look over at
your teammate and know that they’re there for you and you’re on the same page.”
Judge David A. Demers, Adjunct Professor Susan Demers and Professor Roberta
Flowers coached the winning team.
5 Reasons
Why
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Loquitur
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Clearwater Bar Association
•
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www.ClearwaterBar.org
19
20
•
April/May 2009
•
RES IPSA LOQUITUR
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911 Chestnut Street • Clearwater, Florida 33756
727-461-1818 (Voice) • 727-441-8617 (Fax) • www.jpfirm.com
Clearwater Bar Association
•
www.ClearwaterBar.org
CBA Member
Benefit Program
ABA Books
25% Discount on ABA Publications
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1-866-376-0950
April/May 2009
•
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Clearwater: Jennifer Huck, 462-7656; Palm
Harbor: Penny Skaggs, 772-2222; Carillon:
Gil Peri, 502-4444
clearbar.legalstaff.com
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Payroll & HR Services
Christy Hicks, 727-776-7408
CBA Legal Placement Service
Law Office Staff Placement
Linda at the Bar Office, 461-4869
[email protected]
Quill & Mouse Studios, Inc.
Logo, Graphic, and Web Design
727-442-8487, [email protected]
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John at the Bar Office, 461-4869
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Jean McNally, 866-971-5187, x203
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[email protected]
•
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CBA Lawyer Referral Service
Client Referrals, 461-4880
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Clearwater Bar Association
•
www.ClearwaterBar.org
www.pdr-cpa.com
22
•
April/May 2009
•
RES IPSA LOQUITUR
MEDIATION & ARBITRATION
DALAN, KATZ & SIEGEL, P.L.
Attorneys at Law
Rick Dalan:
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Clearwater Bar Association
•
www.ClearwaterBar.org
RES IPSA LOQUITUR
C L A S S I F I E D RATES
Non-CBA Members
$50—50 words or less
CBA Members
$25—50 words or less
Classified Advertising
$1 per additional word.
Ads must be pre-paid.
View these ads and more at
www.clearwaterbar.org/classified.
Office Space
College Interns Available
• Corner office space of 12x18 available on 5/1/09 at
1421 Court Street. Receptionist provided 2 days
a week. Desk, credenza and conference room
provided. Must provide own phone line, answering machine or voice mail and office equipment.
Monthly rent - $550.00. Please contact by phone at
727-442-8683.
• Stetson 2L seeks summer employment/clerkship. Student Editor—Journal of International
Aging Law & Policy, Vice-President: BLSA, and
Vice-Chair of SBA Alumni Relations Committee.
Experience clerking in Texas family law office for
3 summers. Undergraduate degree: Amherst College (MA). Resume and references available upon
request. Contact Natashia Hines. 413-210-2237,
[email protected].
• Furnished office space available within Seminole/
Largo area law office. Internet, receptionist optional. Contact Robert Hummer at 727-397-9198
for details.
• Office Building For Sale, Ulmerton Business
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ft. Free Standing Bld. For Sale. Office Suites For
Sale 1,000 sf and up. Starting at $160,000 and up.
Contact Charlie Malone 571-1112
• 1L seeking summer legal experience. Previous
employment with the Florida House of Representatives helped instill a professional work
ethic. LexisNexis certified. Strong writing and
communication skills. Writing sample and
references available. 727-512-6876 or jsimon@
law.stetson.edu.
Attorney Positions Available
• Williams Schifino Mangione & Steady P.A., an expanding AV rated Tampa law firm, is seeking an attorney
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33601, fax 813-221-7335 or email: [email protected].
Support our advertisers! Tell them you
saw their ad in Res Ipsa Loquitur.
Clearwater Bar Association
•
•
April/May 2009
•
23
For advertising information, contact:
Clearwater Bar Association
314 S. Missouri Ave., Suite 107
Clearwater, FL 33756-5858
Phone: 461-4869 Fax: 461-0063
Email: [email protected]
Letters, Faxes, E-mail
to the Editor
The CBA Res Ipsa Loquitur welcomes your comments on topics relating to the law, the legal
profession, the Clearwater Bar
Association or the Res Ipsa. Letters
must be signed, but names will be
withheld upon request. The editor
reserves the right to condense.
Send letters to:
Editor, Res Ipsa Loquitur
Clearwater Bar Association
314 S. Missouri Ave., Suite 107
Clearwater, FL 33756-5858
Fax: 461-0063
Email: [email protected]
www.ClearwaterBar.org
Presorted Standard
US Postage
PAID
Clearwater, FL
Permit No. 352
314 S. Missouri Avenue, Suite 107
Clearwater, Florida 33756-5858
Change Service Requested
May 2009
Date
Group and Event
Time and Place
Registration
05-01
Law Day Luncheon
Noon Belleview Biltmore
RSVP Bar Office 461-4869
05-06
Law Line
6-8 pm Bar Office
RSVP David Haynes 584-6100
05-08
Bankruptcy Committee
7:45 am Bob Evans, US 19N
RSVP Steve Fishman 724-9044
05-14
Young Lawyers Division
5:30 pm Island Way Grill, Island Estates
RSVP Josh Chilson 796-8282
05-20
Joint Elder Law & Probate CLE
11:45 am The Clearwater Grand Hotel
RSVP Bar Office 461-4869
05-25
Memorial Day
CBA Office Closed
05-28
Family Law ½-Day CLE
11:45 am Hillsborough County Bar
RSVP Bar Office 461-4869
June 2009
06-12
Bankruptcy Committee
7:45 am Bob Evans, US 19N
RSVP Steve Fishman, 724-9044
06-15
US Supreme Court Swearing In
Washington, D.C.
RSVP Bar Office 461-4869
Consult CBA’s web calendar for event updates at clearwaterbar.org. Click on date for details.
$100 for CBF
Make a tax-deductible contribution
in support of the
Clearwater Bar Foundation
& receive a stylish lapel pin!
he Clearwater Bar Foundation is raising funds to continue its 20+
years of support of Enterprise Village Law Office at Pinellas
Education Foundation’s Stavros Institute. The Clearwater Bar
Foundation has also set a goal to increase its contribution to the community by expanding its
presence into the Institute’s Finance Park. Touching the lives of all 5th and 8th graders in Pinellas
County, who annually visit the Institute, will enhance the public’s understanding of the law and
the legal system.
T
Members and friends of Clearwater Bar Foundation who donate $100 or more in support of this
effort will receive a stylish lapel pin, featuring the blue, gold and white Foundation logo pictured
above. Donors will be listed in Res Ipsa Loquitur, on the website, and in emails and
publications.
Make checks payable to Clearwater Bar Foundation and mail to 314 S. Missouri Ave., Suite 107,
Clearwater, FL 33756, or provide credit card information. For questions or additional
information, contact Karen France, Executive Director, at 727-461-4869 or email
[email protected].
Fax or mail this form with your donation. One pin will be presented for each $100 donation.
Name:
Address:
Payment Options:
‘
‘
Enclosed is check number
in the amount of $
payable to Clearwater Bar Association, 314 S. Missouri Ave., Ste. 107, Clearwater, FL
33756-5858. Fax 727-461-0063, phone 727-461-4869.
MasterCard/Visa/Discover
Account Number
Exp. Date
3-digit Security Code ______
Signature
Name on card