Florida Bar News articles from August 2005

Florida Bar News archives from August 2005

Independence panel explores the JNC process.
August 1, 2005... The Judicial Independence Committee heard a range of sometimes contradictory testimony about the operation of Florida's 26 judicial nominating commissions when it took comments during the Bar's Annual Meeting. Panel members also discussed...

Petition to limit malpractice fees now at the court: bar response says it's too early to take up any rule amendments.
August 1, 2005... A lawyer acting for the Florida Medical Association has filed a rule petition with the Supreme Court asking that a constitutional limit on contingency fees in medical malpractice cases be embedded in Bar rules. The Bar has filed a short...

Foundation steps in after state cuts legal assistance act funding: grants will be used to help providers close pending cases.
August 1, 2005... The Florida Bar Foundation Board of Directors voted to spend $172,680 to help legal services providers close out pending cases, after the governor vetoed funding for the Florida's Access to Civil Legal Assistance Act. The Foundation's...

Tampa lawyers come to aid of Florida's seniors: pro bono efforts secure elders their rights under federal Medicaid law.(Florida Lawyers: Protecting rights, pursuing justice, promoting professionalism)
August 1, 2005... John Yanchunis is Batman, and Jill Bowman is Wonderwoman. Together, these Tampa lawyers at James, Hoyer, Newcomer & Smiljanich were a superhero duo swooping in to rescue 41,000 of Florida's elderly in nursing homes. In a pro bono case,...

Searching for a secure statewide court computer system: Tech Board contemplates digital birth certificates and biometrics.(Courts Go Super High Tech)
August 1, 2005... As a member of the Florida Court Technology Committee, as well as the Supreme Court Committee on Privacy and Court Records, 11th Circuit Judge Judith Kreeger has philosophized aplenty about security and access issues. But those concerns...

Wrongful conviction.(Letters)(Letter to the Editor)
August 1, 2005... In the July 1 News, a letter was published complaining of Wilton Dedge's lawsuit against the State of Florida--an action brought for the purposes of compensating Mr. Dedge for the 22 years of liberty he lost as a result of a wrongful...

The bench's burden.(Letters)(Letter to the Editor)
August 1, 2005... U.S. Supreme Court Justice Anthony Kennedy in Orlando, at The Florida Bar's Annual Meeting, urged us to be at the front line of defense for the judiciary when we apparently perceive it to be attacked unfairly. Let us remember that four...

17th JNC seeks judicial applicants.(Letters)
August 1, 2005... The 17th Circuit Judicial Nominating Commission is now accepting applications to fill a circuit court vacancy created by the resignation of Judge Leonard Fleet, effective December 31. Applicants must have been members of The Florida Bar for...

Errata.(Correction Notice)
August 1, 2005... In a listing of The Florida Bar's 50-year members in the July 1 News, Peter Guarisco should have been identified as living in Tallahassee.

Member benefits.(Letters)(Letter to the Editor)
August 1, 2005... The Florida Bar has promoted a "branded" VISA and MasterCard product, issued by MBNA America, for many years. On May 25, MBNA unilaterally changed the terms of its cardholder agreements by imposing a 2 percent surcharge on all transactions made...

Foundation applicants needed.(Notice)
August 1, 2005... The Board of Governors is seeking applicants for the following vacancy to be filled during its August 26 meeting: Florida Bar Foundation Board of Directors: Commencing immediately, one lawyer to serve remainder of a three-year term, ending...

U.S. 11th Circuit considers rule change.(Letters)
August 1, 2005... Pursuant to 28 U.S.C. [section] 2071(b), notice and opportunity for comment is hereby given of proposed amendments to the Rules and Internal Operating Procedures of the U.S. Court of Appeals for the 11th Circuit. A copy of the proposed...

Justice Raymond Ehrlich dies.
August 1, 2005... Former Supreme Court Justice Raymond Ehrlich--scholar, mentor, and friend--died July 12 in Tallahassee at age 87. Known as a studious justice who put in long hours, Ehrlich worked most weekends and always wore a signature bow tie. He was...

First JNC to fill circuit judgeship.
August 1, 2005... The First Circuit Judicial Nominating Commission is now accepting applications for the circuit judge position in Escambia County, vacated by the resignation of Judge John Kuder. Applicants must be a registered voter and a member of The...

Eighth JNC to fill Alachua opening.
August 1, 2005... The Eighth Judicial Circuit Judicial Nominating Committee is now accepting applications to fill a vacancy on the Alachua County bench due to the resignation of Judge Jeanne Dawes Crenshaw. Applicants must have been a member of The Florida...

Lazzara, Hafner, Rodriguez-Powell being considered for reappointment.
August 1, 2005... The Statewide Nominating Commission for Judges of Compensation Claims will meet August 23 at 9:30 a.m. at the Orlando World Center Marriott at 8701 World Center Drive in Orlando for the purpose of interviewing the following workers'...

Certification available in antitrust and trade regulation without taking a written exam.
August 1, 2005... There is still an opportunity for experienced antitrust and trade regulation lawyers to become board certified without having to take a written exam. "Florida Bar members who have been substantially involved in the area of antitrust and...

Foundation awards local bar service grants.
August 1, 2005... The Florida Bar Foundation recently awarded $40,000 to voluntary bar associations for community service grants as part of its improvements in the administration of justice program. The local bars receiving grants include: * The Broward...

Confronted by the government, section holds its ground.
August 1, 2005... Little did Scott Solkoff realize when he became chair of the Elder Law Section that he would wind up summoned to the Capitol and threatened with criminal prosecution. The government accused him--and Florida's other elder law attorneys--of...

Proposed Board of Governors actions.(Notice)
August 1, 2005... Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its August 26 meeting on the following items. These matters are additionally governed...

Lawyer advertising rules amendments to be filed.(Notice)
August 1, 2005... The Board of Governors of The Florida Bar hereby gives notice of filing with the Supreme Court of Florida, on or about September 1, a petition to amend the Rules Regulating The Florida Bar. The full text of the proposed amendments is printed...

Proposed malpractice fee rule.(Notice)
August 1, 2005... Pursuant to Rule Regulating The Florida Bar 1-12.1(f), 50 members of The Florida Bar have filed a petition with the Florida Supreme Court asking the court to amend Rule 4-1.5(f)(4)(B) of the Rules of Professional Conduct in response to the...

Juvenile rules fast-track amendments.(Notice)
August 1, 2005... The Juvenile Court Rules Committee invites comment on proposed fast-track amendments to the Florida Rules of Juvenile Procedure shown below. The proposed amendments will be filed with the court by August 1. The full text of the proposals...

Bar rules proposals to be filed.(Notice)
August 1, 2005... The Board of Governors of The Florida Bar hereby gives notice of filing with the Supreme Court of Florida, on or about September 15, a petition to amend selected portions of rules 3-5.2 and 3-7.2 of the Rules Regulating The Florida Bar. These...

Court strikes statute dealing with pretrial release: says the legislature encroached on its exclusive procedural rulemaking authority.
August 1, 2005... The Supreme Court has declared unconstitutional a statute dealing with nonmonetary pretrial release as an impermissible intrusion on the court's exclusive procedural rulemaking ability and has temporarily readopted two Rules of Criminal...

What exactly is 'judicial activism?' Justices worry it is just becoming a catchphrase to describe any decision someone doesn't agree with.
August 1, 2005... When Miami lawyer Spencer Tew asked a compelling question, the Discussion with the Justices of the Florida Supreme Court at the Bar's Annual Meeting became a riveting stream of commentary about attacks on the judiciary and harmful cries of...

Judge Diaz fined, suspended: for sending an anonymous e-mail to another judge.
August 1, 2005... A Broward County judge has been reprimanded, fined, and suspended for two weeks by the Supreme Court for sending an anonymous e-mail to a fellow judge that was deemed to threaten political retaliation and also sending a copy to a local bar...

Judge Allawas reprimanded: cited for long delays in issuing rulings in 12 cases.
August 1, 2005... The Florida Supreme Court has disciplined 18th Circuit Court Judge Meryl L. Allawas for not expeditiously issuing rulings in a dozen cases, including one where over a year and a half elapsed between the final hearing and the ruling. Acting...

Health Law Section nominations.
August 1, 2005... The Health Law Section's Nominating Committee has released its recommended slate of officers and executive council members for 2005-2006. The nominations include: Harold Kaplan of Coral Springs for chair-elect; Laurie Levin of Orlando for...

Ethics panel examines lawyers acting as mortgage brokers: also says lawyers should be able to use paralegals to represent clients in Social Security hearings.
August 1, 2005... A lawyer should be able to act as a mortgage broker for clients who, after filing and following a bankruptcy plan for several months, wish to refinance their home and use the proceeds to pay off their bankruptcy obligations, the Professional...

Brennan to lead AFTL.
August 1, 2005... The Academy of Florida Trial Lawyers has elected new officers and members of its Board of Directors and installed them at its recent convention in Orlando. Elected as president was Tampa attorney Web E. Breunan, while Edward H. Zebersky of...

Judicial waiver of parental notification rule.(Notice)
August 1, 2005... The Florida Supreme Court seeks comments on new Rules of Juvenile Procedure Part IV(B) (Judicial Waiver of Parental Notice of Termination of Pregnancy); accompanying forms: and new Florida Rule of Appellate Procedure 9.110(n) (Exception, Appeal...

2005 general meeting of committees and sections.(Calendar)
August 1, 2005... September 7-10 * Tampa Airport Marriott * Tampa International Airport * Tampa, Florida Wednesday, September 7 Association of Eminent Domain Professionals 8:00 a.m.- 5:00 p.m. Association of Eminent Domain Professionals ...

Proposed law school practice program rules.(Notice)
August 1, 2005... The Florida Supreme Court seeks comments on proposed amendments to Chapter 11 (Rules Governing The Law School Practice Program) of the Rules Regulating the Florida Bar, which at the request of the court were submitted by The Florida Bar's...

Forms for determining indigent status.(Notice)
August 1, 2005... The Florida Supreme Court seeks comments on Application for Determination of Civil Indigent Status and Application for Criminal Indigent Status forms recently approved for use by clerks of court. See In re: Approval of Application for...

Court seeks comments on Rules of Criminal Procedure 3.131 and 3.132.(Notice)
August 1, 2005... The Florida Supreme Court invites all interested persons to comment on Florida Rules of Criminal Procedure 3.131 (Pretrial Release) and 3.132 (Pretrial Detention), which the court temporarily readopted, after the Florida Legislature repealed...

Family Law Section to promote free representation for children.
August 1, 2005... Encouraging pro bono for children by both section and nonsection members will be a priority for the Family Law Section in the coming year. New section Chair Jorge Cestero said his main goal is to encourage every section member to take a...

Telese B. McKay.(News and Notes)
August 1, 2005... Telese B. McKay of the McKay Law Firm was nominated for the 2005 Rookie Small Business Person of the Year by the Longboat Key Chamber of Commerce in Sarasota County.

Crohn's and Colitis Foundation of America.(News and Notes)
August 1, 2005... Mitchell E. Widom of Bilzin Sumberg in Miami was elected to the board of directors of the Crohn's and Colitis Foundation of America.

Workers' Compensation Section of the Academy of Florida Trial Lawyers.(News and Notes)
August 1, 2005... Gerald A. Rosenthal of Rosenthal & Levy in West Palm Beach was named chair of the Workers' Compensation Section of the Academy of Florida Trial Lawyers.

American Academy of Matrimonial Lawyers Florida Chapter.(News and Notes)
August 1, 2005... Gordon C. Brydger of Brydger & Porras was elected vice president of the American Academy of Matrimonial Lawyers Florida Chapter for 2005-2006.

Nathaniel L. Doliner.(News and Notes)
August 1, 2005... Nathaniel L. Doliner of Carlton Fields in Tampa was a panelist at the "To Be or Not to Be... A Corporate Director" seminar sponsored by the AIG National Union, The University of Miami School of Law's Center for Ethics and Public Services, and...

Center for Law and Sports.(News and Notes)
August 1, 2005... Rick Karcher of the Florida Coastal School of Law in Jacksonville was appointed as the director of the Center for Law and Sports.

Lawrence A. Saichek.(News and Notes)
August 1, 2005... Lawrence A. Saichek of Miami presented "Avoiding Delaying Tactics in Arbitration" to the American Arbitration Association.

City of Plantation.(News and Notes)
August 1, 2005... Joseph M. Goldstein of Shutts & Bowen was appointed by the City of Plantation to its planning and zoning board.

Roberta G. Stanley.(News and Notes)
August 1, 2005... Roberta G. Stanley of Brinkley, McNerney, Morgan, Solomon & Tatum in Ft. Lauderdale wrote the newest edition of the Florida Family Law Trial Notebook.

Lauren Y. Detzel.(News and Notes)
August 1, 2005... Lauren Y. Detzel of Dean Mead in Orlando was honored as the Gerald T. Hart Outstanding Tax Attorney of the Year by the Tax Section of The Florida Bar.

Michelle R. Suskauer.(News and Notes)
August 1, 2005... Michelle R. Suskauer of The Suskauer Law Firm in West Palm Beach was sworn in to serve on the board of directors of the Palm Beach County Bar Association.

John P. Cole.(News and Notes)
August 1, 2005... John P. Cole of Ivan & Cole in Jacksonville spoke to the annual meeting of the Trust Division of the Florida Bankers Association on Risk Management and the Fiduciary's Duty of Disclosure.

Roy M. Hartman.(News and Notes)
August 1, 2005... Roy M. Hartman of Sacher, Zelman, Van Sant, Paul, Beiley, Hartman, Rotnick & Greif in Miami was a featured speaker at the Miami-Dade/Broward County State of Israel Bonds' 19th Annual CPA-Attorney Continuing Education Seminar. Hartman gave a...

International Association of Attorneys and Executives in Corporate Real Estate.(News and Notes)
August 1, 2005... Philip W. Engle of Prenova, Inc., was elected vice chair of the International Association of Attorneys and Executives in Corporate Real Estate.

Volusia County Association for Responsible Development.(News and Notes)
August 1, 2005... Paul H. Chipok of GrayRobinson in Orlando was inducted as an executive council member of the Volusia County Association for Responsible Development.

Carolina Lombardi.(News and Notes)
August 1, 2005... Carolina Lombardi of Legal Services of Greater Miami was selected as "Ombudsman of the Year" by the Ombudsman Council of North Dade.

Jessica E. Kirkwood.(News and Notes)
August 1, 2005... Jessica E. Kirkwood of Phelps Dunbar in Tampa was named to "Lawyers in the Spotlight" by the Hillsborough Association for Women Lawyers.

Cindy L. Fuqua.(News and Notes)
August 1, 2005... Cindy L. Fuqua of Abel Band in Sarasota received her CPA certificate from the Florida Board of Accountancy.

Academy of Florida Trial Lawyers: Sean C. Domnick.(News and Notes)
August 1, 2005... Sean C. Domnick of Searcy Denney Scarola Barnhart & Shipley in West Palm Beach was re-elected to the board of directors and to the executive committee of the Academy of Florida Trial Lawyers.

Academy of Florida Trial Lawyers: Glenn Klausman.(News and Notes)
August 1, 2005... Glenn Klausman of Jabobs & Goodman in Altamonte Springs was elected to serve a two-year term on the board of directors of the Academy of Florida Trial Lawyers. He also presented the "2004-2005 Caselaw Update" at the AFTL Annual Convention and...

Andrew J. Doyle.(News and Notes)
August 1, 2005... Andrew J. Doyle of the U.S. Dept. of Justice received a gold medal from the Environmental Protection Agency for exceptional service in Clean Air Act litigation.

Justice Major B. Harding American Inn of Court.(News and Notes)
August 1, 2005... Nina L. Ferraro of Fox, Wackeen, Dungey, Beard, Sobel & McCluskey was elected secretary of the Justice Major B. Harding American Inn of Court in Stuart.

Mark Eiglarsh.(News and Notes)
August 1, 2005... Mark Eiglarsh of Miami presented "What Everyone Should Know About Criminal Law" to the South Florida Paralegals Association.

Kristi House.(News and Notes)
August 1, 2005... Michele Morales of Cole, Scott and Kissane in Miami was appointed to the board of directors of Kristi House.

Florida Association of Criminal Lawyers.(News and Notes)
August 1, 2005... Richard A. Greenberg of Tallahassee was elected as a director at large to the board of the Florida Association of Criminal Lawyers. He also received the 2005 Appreciation Award for his contributions to FACDL.

George Edgecomb Bar Association.(News and Notes)
August 1, 2005... Clinton Paris of GrayRobinson's Tampa Office was re-elected as president of the George Edgecomb Bar Association for 2005-2006.

Dade County Bar Association.(News and Notes)
August 1, 2005... Arturo J. Fernandez of Hunton & Williams was elected director (Group I) of the Dade County Bar Association for the 2005-2006 term.

Tampa Bay Business Committee for the Arts.(News and Notes)
August 1, 2005... W. Campbell McLean with the Tampa office of GrayRobinson was appointed to serve on the Tampa Bay Business Committee for the Arts board of directors for 2005-2006.

Harry A. Shevin.(News and Notes)
August 1, 2005... Harry A. Shevin of Searcy Denney Scarola Barnhart & Shipley chaired the Palm Beach County Trial Lawyers Association Seminar "Trauma for Trial Lawyers II." Shevin also lectured on "Cross-Examination of the Accident Reconstruction Expert."

Tampa Kiwanis Foundation, Inc.(News and Notes)
August 1, 2005... Colleen M. Fitzgerald of GrayRobinson in Tampa was elected to serve a three-year term as a director of the Tampa Kiwanis Foundation, Inc., board.

Norman M. Waas and Gail Leverett Parenti spoke on Amendment 7 at the Florida Hospital Association annual meeting.(News and Notes)
August 1, 2005... Norman M. Waas and Gail Leverett Parenti spoke on Amendment 7 at the Florida Hospital Association annual meeting. Additionally, Waas and Glenn P. Falk completed a mock trial demonstration entitled "I Didn't Give That Order" for Baptist Health...

Broward County Land Preservation Board.(News and Notes)
August 1, 2005... Keith M. Poliakoff of Becker & Poliakoff was appointed to the Broward County Land Preservation Board by the Broward County Commission.

Jonathan T. Levy.(News and Notes)
August 1, 2005... Jonathan T. Levy of Rosenthal & Levy in Port St. Lucie served as chair of the Seagull Industries for the Disabled 4th Annual Silver Cup Golf Tournament.

Spencer Levine.(News and Notes)
August 1, 2005... Spencer Levine of the Attorney General's Office was a speaker at the ABA's 15th Annual Healthcare Fraud Institute in Palm Springs, CA. Levine spoke on the panel concerning "The Anti-Kickback Statute and Relationships with Healthcare...

Joanne Harvest Koren.(News and Notes)
August 1, 2005... Joanne Harvest Koren of the University of Miami School of Law presented a workshop session at the June Law School Admission Council Academic Assistance Training Workshop at the University of Nevada at Las Vegas Boyd School of Law.

Gordon H. "Stumpy" Harris.(News and Notes)
August 1, 2005... Gordon H. "Stumpy" Harris of Harris, Harris, Bauerle & Sharma in Orlando recently received the Knight Commander's Accolade for his lifetime service to Kappa Alpha.

Early Learning Coalition.(News and Notes)
August 1, 2005... Gerald T. Roden of Vero Beach was appointed by Gov. Jeb Bush to serve as chair of the Early Learning Coalition for Indian River, Martin, and Okeechobee counties.

Donna B. DeVaney.(News and Notes)
August 1, 2005... Donna B. DeVaney of Carlton Fields in Tampa spoke on pre-trial procedures at the Mealey's Pharmaceutical Litigation 101 Conference in New Orleans, LA.

City of Tampa Historic Preservation Commission.(News and Notes)
August 1, 2005... Laurel Lockett of Carlton Fields in Tampa was elected chair of the City of Tampa Historic Preservation Commission.

American Health Lawyers Association Physician Organization Practice Group.(News and Notes)
August 1, 2005... Lisa D, Taylor of St. John & Wayne in Newark, New Jersey, was appointed to a fourth term as vice chair of the American Health Lawyers Association Physician Organization Practice Group.

Robert Charbonneau.(News and Notes)
August 1, 2005... Robert Charbonneau of Kluger, Peretz, Kaplan & Berlin was a panelist at the Turnaround Management Association's monthly dinner held at the Bankers Club.

North Miami Beach City Council.(News and Notes)
August 1, 2005... David Templer of Templer & Hirsch in Aventura was recently elected to the North Miami Beach City Council.

United Way of Northeast Florida.(News and Notes)
August 1, 2005... Michael J. Korn of Korn & Zehmer in Jacksonville was elected as chair of the board of directors of United Way of Northeast Florida.

Charles T. Canady.(News and Notes)
August 1, 2005... Judge Charles T. Canady of the Second District Court of Appeal attended a seminar on constitutional criminal law and procedure sponsored by the American Academy of Judicial Education

Orange County Bar Association Young Lawyers Section.(News and Notes)
August 1, 2005... Eric C. Reed of Shutts & Bowen was appointed to the Orange County Bar Association Young Lawyers Section board of directors.

Victoria S. Nemerson and Dana L. Thrasher of Constangy Brooks and Smith in Jacksonville contributed to the 18th edition of Employment-Labor Law Audit.(News and Notes)
August 1, 2005... Victoria S. Nemerson and Dana L. Thrasher of Constangy Brooks and Smith in Jacksonville contributed to the 18th edition of Employment-Labor Law Audit. Nemerson and Thrasher developed the corporate governance and employee benefits chapters.

Glen J. Torcivia.(News and Notes)
August 1, 2005... Glen J. Torcivia of West Palm Beach spoke on employment law at the annual meeting of the Florida Association of Special Districts held in St. Augustine.