See RUHL, Page 15 See BONNER, Page 11 See MARY CARTER, Page 9 12TH JUDICIAL CIRCUIT LITIGATION Q&A with Judge Maria Ruhl By JUDGE GILBERT SMITH, Jr. 12th Judicial Circuit O n July 1, 2019, when Circuit Judge Kimberly Carlton Bonner takes over as Chief Judge of the 12th Judicial Circuit, she becomes the first woman in history to serve in that position. With the unanimous support of all the judges, she leads a circuit that is now composed of as many women as men. Judge Bonner’s election as Chief Judge sets a prec- edent for the future of the judges in this circuit. The road leading to a woman becoming the Chief Judge in this circuit has taken some time. The first women elected as judges in the circuit occurred on September 12, 1972, when Evelyn Gobbie was elected circuit judge and Roberta Knowles was elected Manatee County judge. (Judge Gobbie had actually served as a municipal judge for Sarasota in 1964 before Article V of the Florida Constitution was revised.) That was only three years after the 12th Judi- cial Circuit was split and the 20th Judicial Circuit was created. See Chapter 69-220, House Bill No. 653, Laws of Florida, General Laws, 1969, Volume 1, Part One, Resolutions, Memorials & Chapter 1 – 405, Regular Session 1969, June 6, 1969, June 29, 1969, page 872. Bonner is first woman named Chief Judge Editor’s Note: In a previous edition of The Docket, we featured an inter- view with one of the two new judges on the 12th Judicial Circuit, Judge Dana Moss. Here we feature a Q&A with the second new member of our judiciary, Judge Maria Ruhl. Interview by MARIA CATALA, Esq. State Attorney’s Office of the 12th Judicial Circuit Have you always aspired to be a judge? Why? I aspired to be a lawyer since SARASOTA COUNTY BAR ASSOCIATION JUNE/JULY 2019 VOL. 36, NO. 6 I was very young. I think being a judge is the natural progression of a lawyer’s career. You were the first person to run for judge in the 12th Judicial Circuit since 2006. Why did you choose that pathway to becoming a judge? I believe in our democracy and in the electoral process. You came to the United States from Venezuela when you were three. What can you share with Judge Kimberly Carlton Bonner By JODI RUBERG, Esq. Kirk-Pinkerton, P.A. M ary Carter’s life began on August 30, 1976, and ended on August 26, 1993, just shy of her seventeenth birthday. The Florida Supreme Court, in its obituary of Mary Carter, had nothing good to say about her. Adjectives used to describe her included: sinister, collusive, sham, unfair, unethical and manipulative. To this day, using her name in the state of Florida is akin to using a dirty word. I’m not talking May Mary Carter continue to rest in peace about a woman — I’m talking about an agreement: a Mary Carter agreement. The term “Mary Carter agreement” (“MCA”) originates from a negligence case called Booth v. Mary Carter Paint Co., 202 So. 2d 8 (Fla. 2d DCA 1967), which involved three separate defendants. In that case, the Plaintiff reached an agreement with two of the three defendants which capped the settling defendants’ liability to $12,500 if plaintiff secured a judgement for less than $37,500. Id. at 10. However, if the plaintiff secured a judgement higher than $37,500, then the settling defendants would not have to pay a dime. The catch: the settling defendants must remain in the suit through trial, and the agreement must be kept secret. Id. The Second District, in this 1967 opinion, didn’t think this agreement was a big deal and let Mary live. Mary’s (Florida) life was cut short, however, on August 26, 1993, when the Florida Supreme Court, in Dosdourian v. Carsten, Jodi Ruberg, Esq. Kirk- Pinkerton, P.A. L to R: Bryan Kessler, Judge Maria Ruhl, Derek Byrd, Skip Berg, Drew Clayton
Transcript
See RUHL, Page 15See BONNER, Page 11
See MARY CARTER, Page 9
12TH JUDICIAL CIRCUIT
LITIGATION
Q&A with Judge Maria Ruhl
By JUDGE GILBERT SMITH, Jr. 12th Judicial Circuit
On July 1, 2019, when Circuit Judge Kimberly Carlton Bonner takes over as Chief Judge of the 12th Judicial Circuit, she becomes the first woman in history to
serve in that position. With the unanimous support of all the judges, she leads a circuit that is now composed of as
many women as men. Judge Bonner’s election as Chief Judge sets a prec-edent for the future of the judges in this circuit.
The road leading to a woman becoming the Chief Judge in this circuit has taken some time. The first women elected as judges in the circuit occurred on September 12, 1972, when Evelyn Gobbie was elected circuit judge and Roberta Knowles was elected Manatee County judge. (Judge Gobbie had actually served as a municipal judge for Sarasota in
1964 before Article V of the Florida Constitution was revised.) That was only three years after the 12th Judi-cial Circuit was split and the 20th Judicial Circuit was created. See Chapter 69-220, House Bill No. 653, Laws of Florida, General Laws, 1969, Volume 1, Part One, Resolutions, Memorials & Chapter 1 – 405, Regular Session 1969, June 6, 1969, June 29, 1969, page 872.
Bonner is first woman named Chief Judge
Editor’s Note: In a previous edition of The Docket, we featured an inter-view with one of the two new judges on the 12th Judicial Circuit, Judge Dana Moss. Here we feature a Q&A with the second new member of our judiciary, Judge Maria Ruhl.
Interview by MARIA CATALA, Esq. State Attorney’s Office of the 12th Judicial Circuit
Have you always aspired to be a judge? Why?
I aspired to be a lawyer since
SARASOTA COUNTY BAR ASSOCIATION JUNE/JULY 2019 VOL. 36, NO. 6
I was very young. I think being a judge is the natural progression of a lawyer’s career.
You were the first person to run for judge in the 12th Judicial Circuit since 2006. Why did you choose that pathway to becoming a judge?
I believe in our democracy and in the electoral process.
You came to the United States from Venezuela when you were three. What can you share with
Judge Kimberly Carlton Bonner
By JODI RUBERG, Esq. Kirk-Pinkerton, P.A.
Mary Carter’s life began on August 30, 1976, and ended on August 26, 1993, just shy of her
seventeenth birthday. The Florida Supreme Court, in its obituary of Mary Carter, had nothing good to say about her. Adjectives used to describe her included: sinister, collusive, sham, unfair, unethical and manipulative. To this day, using her name in the state of Florida is akin to using a dirty word. I’m not talking
May Mary Carter continue to rest in peaceabout a woman — I’m talking about an agreement: a Mary Carter agreement.
The term “Mary Carter agreement” (“MCA”) originates from a negligence case called Booth v. Mary Carter Paint Co., 202 So. 2d 8 (Fla. 2d DCA 1967), which involved three separate defendants. In that case, the Plaintiff reached an agreement with two of the three defendants which capped the settling defendants’ liability to $12,500 if plaintiff secured a judgement for less than $37,500. Id. at 10. However,
if the plaintiff secured a judgement higher than $37,500, then the settling defendants would not have to pay a dime. The catch: the settling defendants must remain in the suit through trial, and the agreement must be kept secret. Id. The Second District, in this 1967 opinion, didn’t think this agreement was a big deal and let Mary live.
Mary’s (Florida) life was cut short, however, on August 26, 1993, when the Florida Supreme Court, in Dosdourian v. Carsten,
Jodi Ruberg, Esq. Kirk-Pinkerton, P.A.
L to R: Bryan Kessler, Judge Maria Ruhl, Derek Byrd, Skip Berg, Drew Clayton
Can the law firm you refer your Personal injury Cases to answer yes to these 10 questions?
1. Does the attorney try cases several times each year?
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3. Does the attorney have over 20 years of experience working for the insurance companies so that they have gained an insight into how to oppose and/or sue the insurance 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 rules regulating the Florida Bar on every case no matter how big or small?*
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.
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*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 injury matter.
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The long-awaited return of the Barristers’ Ball for the first time in 18 years, which took place
on May 4 at Selby Gardens, was a smashing success! Almost 200 members and guests attended the Kentucky Derby themed event, all decked out to the nines in Kentucky Derby attire, sipping our signature cocktail, dining on delicious eats, posing in front of the flower wall photo booth, and dancing the night away until the very end. A big congratulations to the winners of the best dressed gal/guy of the night: Tia Westheimer (wife of SCBA member Scott Westheimer), Michael Edwards (husband of SCBA member Sherry Edwards), and Gabriela Berrios (guest of SCBA member Rob Young). Best Derby Hat award went to Chip Gaylor.
I would also like to give a HUGE thank you to Jennifer Grosso, who chaired the event, along with her wonderful and hardworking Committee, Caroleen Brej, Amanda Kison, Brian Goodrich, Jason Gaskill, and our beloved Executive Director Holly Lipps for all of their hard work in putting together a first-class, fun party that brought all generations of our SCBA together for a night of food, fun, and friendship. Finally, no event “Thank You” is complete without a big thanks to the sponsors who made our event possible. Check out the SCBA website for a list of sponsors and to view photos from the event.
Now it’s time for some summer-time SCBA fun! As members of the SCBA, it is incumbent upon all of us to make new Members, and poten-tial new Members, feel welcome in our Association. The friendships, professionalism standards, and camaraderie we share, both amongst our lawyers and with our Judiciary, is what truly sets our SCBA apart from other voluntary Bar Associa-tions. Our summer interns and law clerks will be here soon. Please mark your calendar to attend the Summer Intern Social, which will take place at Aloft Sarasota on June 13 from 5:30 to 7:30 p.m. This event is free to SCBA members, and I strongly encourage all of our members to attend and show our summer law clerks what a great town we live in and all the best that our local Bar Association has to offer. In addi-
SCBA NEWS
After Barristers’ Ball, it’s time for some summer fun!
Nancy Cason, Esq.Syprett Meshad Law Firm
SCBA PRESIDENT’S COLUMN
MEMBERSHIP
The following represents each new member’s name, law school, year of admission to The Florida Bar, and law firm association.
n Carolina Arias: University Of Florida; 2019; Najmy Thompson, P.L.
n Jonathan Casella: Western Michigan University; 2019; Casella Law Group
n Lisa Chittaro: St. Thomas University School of Law; 2003; Law Office of Lisa H. Chittaro, PLLC
n David Evans: Mercer University; 2018; The Northern Trust Co.
n Nicolette R. Figueroa: University of Minnesota Law School; 2018
n Brooke Hartman: University of Richmond School of Law; 2018; Hart-man BizLaw, PLLC
n Elizabeth Loeffler: Drake University Law School; 1997; Van Ness Law Group, P.A.
n Kathrine Miller: Stetson University College of Law; 2012; PropLogix, LLC
n William Shaffer: Florida Coastal; 2009; Bouziane Shaffer LLC
n Ben Sorrell: Stetson University College of Law; 2017; Syprett Meshad
n Faye Sutton: Cleveland State University; 2017; Faye Ellen Sutton Attorney at Law
Welcome, new members!
tion to the Summer Intern Social, we have also planned a Law Clerk Orientation, which will take place on June 27 in the Silvertooth Judicial Center starting at 11:45 am. At this orientation, judges, court admin-istration, and other distinguished guests will discuss how our local court system operates, and provide an introduction to the practice of law in the 12th Judicial Circuit.
In light of the success of our February Bagels with the Bench networking social, we have received a lot of feedback asking that the SCBA make this a quarterly event. As such, please mark your calendars for our next breakfast event that will take place in the ninth floor atrium in the Silvertooth Judicial Center June 25 from 7:45 to 9:00 am. This is a free member event and
a wonderful opportunity to mingle with each other and with our judges in a casual breakfast setting before they hit the courtroom for the day. Also, keep an eye out for the return of Lawyer Yoga in the fall of 2019.
In the meantime, it’s time for our Members to have some summertime fun! I wish you all a very happy summer, safe travels on your summer vacation plans, and I look forward to seeing everyone in the fall as we kick off the 2019-2020 Bar year.
And, if I can give you just one piece of advice for the summer, it’s this: HAVE FUN, ENJOY SPENDING TIME WITH YOUR LOVED ONES, TIME IS DEFI-NITELY YOUR MOST PRECIOUS COMMODITY. AND ... DON’T FORGET TO WEAR YOUR SUNSCREEN!
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For 15 years, I’ve guided thousands of people through financial difficulties, including debt negotiation, foreclosure strategies, asset management/protection, and,
as a last resort, bankruptcy. That includes filing more than 1,300 Chapter 7 and Chapter 13 cases in the Middle District of Florida.
I will review your client’s debts and assets, explore the available options and tailor a plan to meet their unique needs.
In January, I introduced you to The Florida Bar YLD Board of Gover-nors (BOG). And in February, I
introduced you to the four attorneys who were vying for the new BOG Circuit 12 seat. Now, in this final segment, I will share with you the results of the initial election, the runoff, and our winner of Seat 2.
As you may recall, March 1 through March 21 marked the initial voting period for Seat 2. The results were announced on March 22, and a single winner had not been deter-mined. Instead, we had two candi-dates, Jodi Ruberg and Warren Chin, who found themselves in a runoff. The runoff ballots were distributed, and voting was open from April 1 through April 22. On April 23, the results were tabulated and in this case, we had a single majority vote-getter, and thus a winner. Many congratulations to Jodi Ruberg of Kirk-Pinkerton who has won the election to Circuit 12, Seat 2 of the Florida Bar YLD BOG!!
Both Warren and Jodi ran hard fought elections, and both dedicated significant time to their campaigns; they are both to be congratulated. I reached out to both Warren and Jodi and asked a few questions.
Questions for WarrenEAI: Is there anything that you
would like to say to those who voted for you?
Chin: I want to thank everyone who supported me and took the time to vote in the election. Meeting everyone was a treat and gave me a unique opportunity to interact with lawyers who I may not have other-wise.
EAI: Were you happy with your platform choices?
Chin: Yes, I was campaigning on diversity and family inclusion. These issues are important and I felt that they resonated with so many of the young lawyers that I met, and I will continue to promote these issues.
EAI: Is there anything that you would like to say about your runoff opponent?
Chin: Jodi was an excellent candi-date and she will be a great represen-tative. She will make our circuit better!
EAI: Did you take anything away from the election process?
on June 28, 2019 during the 2019 Annual Florida Bar Convention and after her swearing in she looks forward to being placed on a committee and getting to work. Thank you to Jodi and Warren for taking the time to talk with me following an emotional and stressful election process!
This month’s tips for your Young Lawyers Practical Guide to the Practice of Law come from Judge
Kimberly Bonner who shares some wonderful pointers:
1. Decode the process for your clients. Many of them don’t under-stand that testifying in court is not the same thing as having a conversa-tion (or an argument) and struggle to comply with what we consider ordinary rules, such as not starting their answer before the question is completely asked, or continuing to answer after an objection is made and the court is attempting to deal with the objection. Explain basic rules of conduct, such as not making faces or audible comments while someone else is testifying. If the matter is likely to be one where the court reserves ruling, make sure they know this ahead of time. Just a few minutes of preparation can make the process less bewildering for your clients and less frustrating for every-one.
2. Check with the clerk before you pre-mark your exhibits. The Sarasota clerk’s pre-made labels usually have plaintiff/petitioner’s assigned numbers and the defendant/respondent’s have letters. If you have pre-marked yours differently, the process has to be repeated, which takes additional time.
3. Bring extra copies of docu-
Chin: I took away from the elec-tion process that people really care about this circuit and are willing to get involved and we need to take advantage of that.
Questions for JodiEAI: Is there anything that you
would like to say to those who voted for you?
Ruberg: I appreciate your support and vote of confidence and I intend to work hard on your behalf.
EAI: Is there anything that you would like to say to the young lawyers of the 12th Circuit?
Ruberg: Please express your concerns, questions or suggestions to me so that the work we do at the statewide level reflects the needs of the 12th Circuit. Also, I appreciate those of you who took an interest in the election, regardless of who you voted for. Although it is public record of those who voted in the election, the great part is that the election is conducted by “secret ballot”; in other words, no one will ever know who voted for who. I hope you will remain interested in the work that Jesse Butler and I do on behalf of our Circuit and you will reach out to us if you have any concerns.
EAI: Is there anything that you would like to say to your opponents?
Ruberg: Some circuits throughout the State of Florida only had one person interested enough in repre-senting their circuit and as a result, those representatives were appointed and not elected. Our circuit had four well-qualified and interested candi-dates! This is indicative of what an awesome group of attorneys we have in the 12th Circuit. Because we had so much interest in this position, it was a true election.
EAI: Were you happy with your platform choices?
Ruberg: Yes, the Florida Bar YLD is already doing great work to eliminate the stigma associated with mental illness via their #stig-mafreeyld initiative and I cannot wait to do my part. I will continue to focus on that issue, as well as encouraging professionalism and community outreach throughout the 12th Circuit.
Our winner and new represen-tative, Jodi Ruberg, will be sworn in to serve her term in Boca Raton
SAVE THE DATEMentoring Event
Thursday, August 8, 2019
5:30-7:30 p.m.
See YLD, Page 13
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Ah, sweet summertime ... Come join us on the island!
It’s that time of the year when“Hair gets lighter, Skin gets darker; Water gets warmer; Drinks get colder; Music gets louder; Nights get longer…all in all, Life gets better.” I hope that everyone is planning to take some time to recharge from another busy season. Whether you are planning a trip to distant lands or looking forward to spending some stay-cation time in this beautiful area we call home, it is so important to simply take some time for yourself. Kick off those work shoes a bit more because as the saying goes, Life is Better in Flip Flops.
If you are looking for the perfect way to kick off your summer, I encourage you to grab your beach bag and sunscreen and come join us for our Annual South County Division Snake Island Family Picnic, Saturday, June 15 (11:30 a.m. to ??). Everyone is invited to bring yourself and your families. Come join us by water (boat, jet ski, paddleboard) or by land (by bike or car to the South Jetty Park — just past the Crow’s Nest Restaurant on Venice Island). If you come by land, we will have a boat available to ferry you over to the festivities. The SCD Board will have some snacks and waters available, but please plan to pack a cooler (BYOB) and some goodies to
Summer in South County starts with Family Picnic
Susan H. Hines, Esq. Sabal Trust Company
SOUTH COUNTY PRESIDENT’S COLUMN
share. I promise you that you will not regret making the trip to South County. Nothing beats a day on the water! We look forward to seeing you there!
It is hard to believe that this will be the final South County Division event for my term. With my year quickly coming to an end, it is amazing to look back and see everything that we have accomplished together. The hard work and dedication by our board members should really be commended. Thank you all for the wonderful support of our events, come rain or come shine! It has truly been an honor to serve you, and a pleasure to work with you.
South County members and guests celebrated the start of summer at their end of year social at Casey Key Fish House
The Docket · June/July 2019 9
ADMINISTRATIVE PROFESSIONALS DAY LITIGATION
Team Trivia winners announced624 So. 2d 241, 248 (Fla. 1993) declared MCAs “void as against public policy.” The Dosdourian case involved a settlement agreement arising out of a fatal motor vehicle accident in which the plaintiff agreed to settle all claims against one defendant in return for payment of defendant’s insurance policy limits and her continued participation in litigation. The Court defined MCAs as those where a “codefendant secretly agrees with the plaintiff that, if such defendant will proceed to defend himself in court, his own maximum liability will be diminished proportionately by increasing the liability of the other codefendants.” Id., at 243 (quoting Ward v. Ochoa, 284 So. 2d 385 (Fla. 1973)).
These types of settlements effectively allow a plaintiff to “buy support for their case” and a defendant is pressured into being a friendly witness “by contributing
discovery mate-rial, peremptory challenges, trial tactics, support-ive witness examination, and jury influence to the plaintiff’s cause.” Id. at 248 (quoting Elbaor v. Smith, 845 S.W.2d 240 (Tex. 1992)).
The settling defendants’ motives may even change from deflecting liability to securing liability. For these reasons, the Florida Supreme Court has outlawed MCAs and other similar agreements which require the settling defendant to remain involved in litigation, “regardless of whether there is a specified financial incentive to do so.” Id. at 246. Some other states, such as New York, allow these agreements under certain circumstances, such as disclosure of the agreement.
Multi-party litigation often brings with it varied interests and trial strategies making global settlement difficult. A good attorney will be creative in his or her attempt to achieve resolution and will seek non-traditional avenues to reach settlement. Be inventive in your settlement approach, but don’t be fooled into resurrecting Mary Carter — let her rest in peace.
Continued from Page 1
MARY CARTERFIRST PLACE It’s ME Again(Matthews Eastmoore)L-R: Josh Dell, Marcia Muldoon, Linda Hutchinson, Alison Prouty, Alisa Vizcarra, Brenda Guilinger, Maureen Kuzma, Amanda Adkins, Martin Garcia, Art Hardy
THIRD PLACEBourbon Street Barristers(Adams and Reese LLP)L-R: John Slitzer, Drew Chesanek, Deborah Woodson, Tammy Skonie, Karin Turner, Lisa Wilkinson, Ryan Owen, Jason Gaskill, Helen Martin, Nancy McCreight
SECOND PLACE Intelligencia (Williams Parker)Back Row L-R: Maggie Egloff, Debbie Hanke, Dan Bailey, Lewis Hall, Charlie Bailey, Bailey LowtherFront Row L-R: Nicole Behar, Mindy Wengard, Jennifer Hawkins-Dyrda, Maria Maquire, Mark Schwartz
Be inventive in your settlement approach, but don’t be fooled into resurrecting Mary Carter — let her rest in peace.
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At the time of the split, the popu-lation of the circuit was approx-imately 230,587 residents. There were only eight circuit judges and five5 county judges serving the entire circuit with Judge Gobbie and Judge Knowles being the only women. Since that time, many outstanding women have served as judges in the circuit, but only a few have thought about becoming the Chief Judge. Since the 1972 election until recently, the men serving as judges outnum-bered the women.
In 2002, there were 27 judges in the 12th Judicial Circuit, which included only six women. See 12th Judicial Circuit Bar Associations 2002 Membership Directory and Resource Guide. Since that time, an overwhelming number of women were elected or appointed as judges in the circuit. Today, there are 31 judges, including 15 women, and that composition may change again in the next few years. See http://www.jud12.flcourts.org. There have been several historic elections in the last few years where women were elected or appointed to a position, which had been held by men for decades. For instance, when Gover-nor Rick Scott appointed Judge Renee Inman on November 27, 2017, as Manatee County Judge, it was the first time a woman had served on the Manatee County Court since 1984. Even more historic was when Governor Scott appointed Judge Danielle Brewer on October 20, 2016 as the DeSoto County Judge. That appointment was the first time in history a woman was appointed or elected as a judge in DeSoto County.
The election of Judge Bonner is not just a reflection of composition of the court, but a testament to her being the best person to serve as Chief Judge. She is optimistic, professional, organized, and efficient with a quiet and measured tone. And, just as important, Judge Bonner was willing to take on a position which has been challenging in the last few administrations.
When Judge Bonner takes over as Chief Judge, the estimated popu-lation of the circuit will be approx-imately 900,000 residents. Since this circuit covers one of the fastest growing regions in the United States, the demand on the judiciary is going
to be greater than ever before. Judge Bonner will have her work cut out for her as she oversees the administration of justice in the circuit.
Luckily, she knows this circuit inside and out. Judge Bonner was born in Lakeland, Florida to Thomas Mabry Carlton Jr. and Barbara Carlton. Her father served as a Sarasota County Commis-sioner from 1981 through 1989. Judge Bonner and her sister, Lisa, grew up on the family ranch in south Sarasota where the family raised beef cattle and grew citrus. She learned ranching from an early age and when not in school, she completed her chores around the ranch and took care of her own livestock. From 8 years old until she was out of high school, Judge Bonner was involved in the 4-H program, which reinforced what she learned on the ranch and taught her management and lead-ership skills that she has used all of her life. She also became skilled in raising steers.
Judge Bonner is an eighth gener-ation Floridian, and her ances-tors were not only leaders in the formation of the State of Florida but pioneers in the agricultural industry. Arriving in Florida not long after it became a state, her ancestors settled in the Peace River Valley, before Manatee, Sarasota, or DeSoto counties were created. Life was much different in those
days when settlers literally lived off the land. The Seminoles were still living and hunting throughout the region that was abundant with wild animals. The Carlton families became successful in the cattle indus-try and agriculture. Judge Bonner’s great great grandparents, Albert and Martha Carlton, were founders of the city of Wauchula. The Carlton families also became leaders in state and local government throughout Florida. Her sister, Lisa was a state representative and then a state sena-tor serving Sarasota and Manatee counties from 1994 through 2008. See e.g. https://en.wikipedia.org/wiki/Lisa_Carlton.
Judge Bonner graduated from Cardinal Mooney High School with an interest in history. She graduated with a bachelor degree in history from Stetson University before graduating with a master’s degree in history from University of West Florida. Judge Bonner then gradu-ated with her juris doctorate degree from Pepperdine University College of Law.
Judge Bonner began her legal career serving as an assistant state attorney for the 12th Judicial Circuit. After two years, she went into private practice, perfecting her trial skills with the law firm of Dickinson & Gibbons. After three years, Judge Bonner moved to Washington, D. C. to serve as a staff attorney for the U.S. Department of Agriculture. She returned to Sarasota after a few years and became in-house counsel with Allstate Insurance Company. As such, Judge Bonner had experience
PARALEGALS
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BONNER
See BONNER, Page 13
The election of Judge Bonner is not just a reflection of composition of the court, but a testament to her being the best person to serve as Chief Judge. She is optimistic, professional, organized, and efficient with a quiet and measured tone. And, just as important, Judge Bonner was willing to take on a position which has been challenging in the last few administrations.
Judge Bonner’s ancestors, the Carlton family, settled in Florida in the 19th century.
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Clerks consider revisions to rules regarding redaction
Florida Clerks are reviewing a matter of interest to the Florida Bar. Specifically, revisions are
being considered to Rule 2.420, Rules of Judicial Administration, as it relates to the responsibility of redaction. The revisions being considered would shift the respon-sibility and liability for redaction to the filer in three case types; Small Claims, County Civil, and Circuit Civil – non Family cases.
To put this in perspective, it is important to understand the current process for redacting documents filed with the Clerk. As you may know, the Clerk is required to redact 22 enumerated items identified in Rule 2.420, as well as other information protected by court order, Florida and Federal law, and information iden-
tified by the filing of Notices of Confidentiality and their respective Motions.
A review of 2018 redaction data for these three case types reveals the following:
It is believed by some that this rule change will speed up access to filed documents. As you can see, the percent-age of redactions for these three case types is relatively low. Given our well-established procedures and system automation that make redaction of court documents routine and accurate, it is not believed by Florida Clerks that changing the rule will have a significant impact on quicker access to filed documents. In the event there is a rule change, the legal community will need to take note of this very significant change.
Protection of sensitive information is on the forefront of the minds of those who become involved in the court system. In fact, many believe they have more privacy rights than truly exist. This office spends a great deal of time working with attorneys and pro se filers regarding protecting information and is committed to working through a smooth transition should the rule change to shifting the burden and liability of redaction to the filer.
CLERK’S C ORNER12TH JUDICIAL CIRCUIT
CLERK’S CORNER
Karen E. Rushing Clerk of Court and County Comptroller
as a trial lawyer in both criminal and civil cases, serving as an in-house counsel, handling regulatory law for the U.S. Department of Agriculture, and acting as a corporate counsel for an insurance underwriter.
In 2002, Governor Jeb Bush appointed Judge Bonner as Sarasota County Judge. She excelled at that position, being re-elected for two terms without any opposition. She served as an instructor at the Conference of County Judges and ultimately became the president of the conference. After Judge Rick DeFuria retired, on July 11, 2013, Governor Rick Scott appointed Judge Bonner as circuit judge of the 12th Judicial Circuit.Staff Report, Sarasota Herald Tribune, “Scott Appoints Judge Kimberly Bonner to 12th Circuit: July 11, 2013, page 1. She has excelled at that position and while serving as a judge, graduated with a master of laws degree from the University of Nevada. Judge Bonner also serves as an instructor at the Conference of Circuit Court Judges and as chair of the judicial education committee.
Being a Florida native, Judge Bonner appreciates the outdoors and wildlife in Florida. Like her
ancestors, she lives on a ranch and is in the cattle industry. Judge Bonner is married to Tom, and they are raising their daughter Katie on the family ranch. Besides being a mom, wife, rancher, and judge, Judge Bonner has many interests and passions, including being involved in 4 H with Katie, who raises and trains rescued dogs instead of steers. Judge Bonner now raises two goats named Wyatt and Virgil Earp. She is also active with the Daughters of the American Revolution, which encourages young adults to become good citizens. Finally, Judge Bonner finds time to write books for children and other short stories. She has also written and published one novel with more to come in the future.
Judge Bonner’s journey to becoming Chief Judge has been inevitable if not exciting, since she will serving the same community where she was raised. See Interview, Kimberly Carlton Bonner, October 2, 2014. The 12th Judicial Circuit has had outstanding Chief Judges in its past starting with Judge Robert Hensley in 1970. All of them have managed the circuit differently and faced difficult issues, but all have been dedicated to the proper and efficient administration of justice. It will be exciting for all of us to watch Chief Judge Bonner lead the circuit into the future.
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BONNER
YLD
Case Type Total Pages Filed Pages Requiring Redaction
ments you may want the court to refer to which may be buried in a big court file, or know the date the document was filed so it’s easier to access. With digital records, we scan the court file by date and can see the corresponding docket entry and the number of pages imaged. If the document was filed three years prior, it takes longer to locate, especially if it’s a docket entry that gets repeated often, such as “Request for Produc-tion.”
4. Email is your friend! Many judges accept electronic submission of certain documents, including courtesy copies of motions, memo-randa, and proposed orders. Orders are imaged very quickly by the clerk and can usually be pulled on the web
within hours. As long as the oppos-ing side is copied, this is the most expedient way to get paperwork processed. Check the individual judge’s requirements for any specific instructions on electronic submis-sions.
5. Finally, please, do not “litigate by letter.” A cover letter with some prefatory comment is absolutely fine. A motion/objection/notice disguised as a letter is not. If you’d want it in the court file to show an appellate court that you raised or preserved an issue, then put it in a proper motion or pleading. Otherwise it will get discarded.
Thank you to Judge Bonner for your insight and young lawyers, you better commit these tips to memory, this is your next Chief Judge sharing her words of wisdom!
YOUNG LAWYERS DIVISION
Have you or a member of your firm achieved professional recognition? Have you hired a new attorney? Any other news of note? If so, we would like to hear about it. Email your “News of Note” items to [email protected].
us about that experience? How do you believe that experience has helped shape you as a person, as a judge?
My parents brought my sisters and I to the United States when they realized that Venezuela was suffering politically and economically, and it was only going to get worse. We are now witnessing the Venezuelan crisis, from the violence to the food and medicine shortages, and the millions of people suffering.
There is not a day that goes by that I am not grateful for living in the United States. To know where I could be today if my parents had not forfeited everything to move our family to this country. Some may take the freedoms and rights afforded to us for granted. I do not. I am proud and lucky to be a U.S. citizen.
You are the first Hispanic judge (on record) in the 12th Judicial Circuit. How does diversity make for a better bench?
I believe diversity in perspective and experience is essential to a fair and impartial judiciary. It increases public confidence in our courts and
allows for more informed decisions to be made.
You have also joined the ranks of the growing number of female judges to serve in the 12th Judicial Circuit. Do you have any advice for other young, female attorneys who are just starting out, or who may aspire to the bench?
First, work hard. Second, find a good mentor. In my career, I have had some great teachers and mentors. The first attorney I worked for was Peter Aiken, and I learned so much from him, from the law to how to work with others. Chief Judge Charles Williams is my mentor judge, and I am very grateful for all his guidance. He has been wonderful and inspiring. I have learned so much from him and he is incredibly supportive, encouraging, and calming.
What have you found to be the most surprising aspect about being a judge?
The amount of reading. I love to read, but gone are the days of reading for fun. I spend most nights and weekends at home reading for court the next day. I make it a priority to read all the pleadings, case law, or memos provided to me by the litigants so I am prepared.
Do you have any advice for lawyers in their first years of practice? Or lawyers generally?
Be prepared, be prepared, be prepared.
You have a husband and three chil-dren, ran your own law practice for years, and now you are a judge. How do you find balance? What advice can you offer other lawyers on establish-ing and maintaining a healthy balance with work and private life?
The balance comes from working with my husband and communicat-ing about our schedule. When I was in private practice my husband and I practiced together, and I had a lot of flexibility in my schedule and would work together to pick up the kids or work late. Now, my husband, who took over the firm, has had to pick up the kids more, but we have had to just move things around for us both to be able to spend the time we need to get our work done.
I would tell new lawyers, or any lawyer, to carve out time to spend time with their family, and to over communicate with their spouse or partner. This job can be very stressful and time consuming. Always let your family know how much they mean to you. They will be more under-standing when the job takes more of your time then they are used to.
By BARRY F. SPIVEY, Esq. Spivey & Huss, P.A.
Neil Scott recently brought to my attention a “Notice to Cred-itors” published in Sarasota
by the trustee of a revocable trust whose settlor died. The trustee’s attorney used an altered (bastard-ized?) version of the Florida Bar Form P-3.0740. The notice stated that all creditors of the deceased settlor on whom a copy of the notice was served had two years from the decedent’s date of death to file their claims with the trustee within the two-year period or be forever barred. It also stated that creditors not served must file claims with the trustee within the two-year period or be forever barred. The problem is that the failure to file a claim with a trustee will not bar a claim. It is the failure to file a claim in probate
What? Notice to Creditors from a trustee?within two years of death that bars the claim.
Not only does this notice demon-strate a complete lack of legal acumen, it is totally ineffective for any purpose and probably violates rule 4-4.1 of the Rules of Profes-sional Responsibility by making a false statement of law to a third person, i.e., potential creditors.
The only statutory provisions for notice to creditors that will bar creditor claims call for publication and service by a personal represen-tative or publication by a person who obtains an order of summary administration. To be effective, a claim must be filed in probate court, even if the claimant must open a probate administration as an inter-ested person. The Florida Trust Code states plainly in section 736.1014 that a creditor may not bring a direct action against a trust described in
733.707(3) that is dependent on the settlor’s individual liability and that such claims must be filed in probate court.
It is improper and misleading to represent to creditors that a claim is perfected by filing it with a trustee who can, of course, ignore the claim with impunity. There is no statu-tory procedure for objecting to a claim filed with a trustee and thus no notice of objection to a claimant who, by the way, because of section 736.1014 has no option to file an independent action even if an objec-tion is received.
Suppose a creditor who relied on a trustee’s notice to creditors did not file a claim in probate within two years of the settlor’s death and was barred from enforcing the claim. Isn’t it likely that there could be an action for fraud against the trustee?
See TRUSTEE, Page 17
Barry F. Spivey, Esq. Spivey & Huss, P.A.
Continued from Page 1
RUHL This job can be very stressful and time consuming. Always let your family know how much they mean to you. They will be more understanding when the job takes more of your time then they are used to.
The Sarasota County Bar Association 100% Club is a special category of membership that demonstrates an extraordinary commitment to the legal profession and our community from law firms, law departments and legal organizations that enroll 100 percent of their attorneys (two or more) as members of the Sarasota County Bar Association. If you think your firm qualifies, email a list of your associates to [email protected].
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NEWS OF NOTE NEWS OF NOTE
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TRUSTEE
By LANCE C. BALL, Esq. Ball Law Center
In Elvis Presley’s song “Return to Sender”, he crooned: “I gave a letter to the postman. He put it
in his sack. Bright and early next morning, he brought my letter back. She wrote upon it: Return to sender, Address unknown, No such number, No such zone.” Under Florida law, similar complications can arise when construction lienor’s notices are sent but not received. Undelivered notices can cause frustration and costly legal issues for affected parties. Like Elvis, though, there are steps that can be taken when construction notices are marked “return to sender.”
Florida’s Construction Lien Law, Florida Statute §713, allows some categories of those who work on or provide materials or services to real property and who are not paid the right to enforce a claim of lien for payment against the subject prop-erty. To properly assert lien rights for the furnishing of labor, services, or materials, certain procedures must be strictly followed. Among those procedures are notice provisions within required time frames. Often such notices are sent via USPS certi-fied mail, which is one manner of serving notices per the statute. But what happens if a potential lienor serves a notice by certified mail, and it is returned as undeliverable?
Florida Statute §713.18(3)(a) provides that:
Service of an instrument pursuant to this section is effective on the date of mailing the instrument if it:
1. Is sent to the last address shown in the notice of commencement or any amendment thereto or, in the absence of a notice of commence-ment, to the last address shown in the building permit application, or to the last known address of the person to be served; and
2. Is returned as being “refused,” “moved, not forwardable,” or “unclaimed,” or is otherwise not delivered or deliverable through no fault of the person serving the item.
Although service of the returned notice is deemed effective on the date of mailing, there may not necessar-ily be sufficient evidence of deliv-ery as required by Florida Statute §713.18(1)(b).
If a potential lienor’s notice sent via certified mail comes back as undeliverable, then there are alternative methods of serving the notice. For example, Florida Statute §713.18(1)(a) allows service of a notice to be made by actual delivery to the person to be served. Elvis had a quarrel, a lover’s spat, and even his special delivery letter came right back, but, he didn’t stop trying to deliver. He took the letter himself and put it right in her hand. Like-wise, Florida Statute §713.18(1)(c) goes a step further and allows service of notices to be made by posting on the site of the improvement if other statutorily defined service methods cannot be accomplished. In summary, Florida Statute §713.18(1) provides that service of notices must be made by: (a) actual delivery; (b) common carrier delivery service or by registered, Global Express Guar-anteed, or certified mail, with post-age or shipping paid by the sender and with evidence of delivery; or (c) posting on the jobsite.
Thus, during a construction proj-ect, if it seems that “love me tender” has turned to “suspicious minds” when building the “heartbreak hotel”, “that’s alright”, “don’t be cruel”, “it’s now or never” for the potential lienor to properly serve notices. In other words, notices must be served by one of the statutory methods and delivered in a timely manner. The failure to do so will likely result in “crying in the chapel” over the loss of lien rights, singing “there goes my everything.” Fortu-nately, there is no need to be “all shook up,” a potential lienor can have “peace in the valley.” Remem-ber, by strictly complying with the available methods of serving notices under Florida’s Construction Lien Law, one can confidently say with “a little less conversation” that this notice is “stuck on you.” Who knew Elvis Presley could be so instructive on methods of serving construction notices?
Return to Sender: Undeliverable Florida Statute §713 Notices
Lance C. Ball, Esq. Ball Law Center
Mark A. Sessums was elected Presi-dent-Elect at the annual meeting of the Florida Chapter of the American Academy of Matrimonial Lawyers in Orlando in May 2019. Sessums is the only Florida lawyer to be Board Certified by both the Florida Bar Board of Legal Specialization in Civil Trial Law and Marital and Family Law, as well as the National Board of Trial Advocacy.
And if the trustee’s attorney is not a defendant by the grace of privity, that at the least he or she could face a disciplinary complaint?
If you want to bar claims of unknown creditors, at a minimum file a summary administration proceeding and publish notice to creditors. If not, don’t risk discipline by misrepresenting the law and don’t waste the trust’s money by publish-ing a useless notice to creditors from a trustee.
To place a classified advertisement, call the Bar office or send an email to [email protected].
Placing a Classified ad
Although serving “Of Counsel” with the firm of McLin Bursed, Teresa K. Bowman is maintaining her practice, Teresa K. Bowman, PA, and will continue to serve clients in the Sarasota and surrounding areas.
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The Community Foundation of Sarasota County
Presenting Sponsor
Dana B. Keane, Awards Sub-Committee Chair
One of the things that makes me proud to be an attorney is the fact that our profes-sion includes some of the most charitable and civic-minded people in our community. It is probably safe to say that the leadership of virtually every volunteer, community service and charitable organization in Sarasota County includes attorneys. Now is your chance to help the Sarasota County Bar Association recognize and honor those who have made a difference in our County and in our profession. The SCBA urges its mem-bers to submit nominations for the following awards:
DISTINGUISHED COMMUNITY SERVICE AWARD - Recognizes extraordinary service to the community by a member of the Sarasota County Bar Association
C.L. MCKAIG AWARD - Recognizes extraordinary service to the Sarasota County Bar Association by one of its members in pro-moting the Association’s goals, programs or functions
DISTINGUISHED SERVICE AWARD - Recognizes extraordinary service to the legal profession by a layperson or organization
The awards will be presented to the worthy recipients at the annual Installation Dinner on September 18, 2019 at the Sarasota Yacht Club. Please complete the nomination form below and return it to Dana Keane at [email protected] by June 30, 2019. This is a very important function of the SCBA, and your input is greatly appreciated. Thank you for your support.
SCBA ANNUAL AWARDS NOMINATION FORM
Nominee*: ___________
Nominated by: ___________
Nominated for award type:
Email:
Please briefly describe why you feel the Nominee deserves the award for which he/she is being nominated:
C.L. McKaig Award – Distinguished Service to the SCBA by an Attorney 1989 Gary H. Larsen & Susan Penge Filson 1990 Edwin L. Ford 1991 Jonathan Coleman 1993 Richard R. Garland 1995 Alice S. Bowman 1996 J. Neal Mobley 1997 Natalee Herrig 1998 Whitney C. Glaser 1999 Michael E. Garlington 2000 Kimberly Carlton Bonner 2001 John Patterson 2002 Christopher A. Likens 2003 Douglas A. Cherry 2005 Leslie Wulfsohn Loftus 2006 Shelli Freeland Eddie 2007 Nancy E. Cason 2008 The Mack Law Firm 2009 The Hon. John M. Scheb 2010 Adam Tebrugge 2011 Charlie Ann Syprett 2012 Evelyn L. Moya 2013 F. Scott Westheimer 2014 Honorable Charles E. Williams 2015 Honorable Deborah Bailey 2016 Bonnie Lee Polk 2017 Honorable Lee E. Haworth 2018 James Dirmann Service to the Community by an SCBA Member 1990 Charles D. Bailey, Jr. 1991 John M. Dart 1992 Robert P. Scheb 1993 George A. Dietz 1994 Joeseph Kuss 1995 Gerald B. Keane 1996 Donald Y. Bennett 1997 Honorable Emanuel LoGalbo, Jr. 1998 Clifford R. Klaus 1999 E. Keith DuBose 2000 Robert T. Klingbeil, Jr. & Charles D. Bailey, III 2001 Robert A. Kimbrough 2002 Sheldon Gensler 2003 Honorable Durand Adams 2005 Marcella M. Mika 2006 Senator Bob Johnson 2007 Neil W. Scott 2008 William T. Harrison 2009 Thomas D. Shults 2010 Anne Weintraub 2011 Honorable Lee E. Haworth 2012 Janella K. Leibovitz 2013 Carol Ann Kalish 2014 Michele Stephan 2015 Todd Kaplan 2016 Andrew J. Britton 2017 Christine R. Sensenig 2018 Neil Lyons
Service to the Legal Community by a Layperson or Group 1989 Parker Banzhaf – Service on local Grievance Committee 1990 Teen Court - Katie Self, Executive Director 1994 Jean Russell –Women’s Legal Defense Fund 1995 Aaron & Doti Prince – Supervised Visitation Program 1996 Schwinn Bicycle Company – refurbishing bikes for Christmas in July 1997 Sarasota Manatee Legal Secretaries Association –
Staffing Monthly Pro Bono Clinics 1998 Fay Rice – Service by Court Administrator’s Office 1999 Geri Haynes – Family Violence Task Force Director 2000 Jeanne Johnson – Guardian Ad Litem Volunteer 2001 Ann Jackson – Teen Court Volunteer 2002 Herbert Hofmann, II – Guardian Ad Litem 2003 Jack Orkin – Senior Academy 2005 Davis Tornabene – support in the development of Drug Court and Health Care Court via the Public Defender’s Office 2006 The Education Channel, Law and Sarasota 2007 Pat Price – League of Women Voters, Judicial Forums 2007 Andrea Ginskey – Law at the Library 2009 Mimi Goodwill, Community Foundation, Diversity Scholarship Program 2010 Dr. Debra K. Carter – developing parenting plans for the 12th Judicial Circuit 2011 Senator Nancy Detert – exceptional statesmanship in protecting the separation of powers and the judicial branch of government 2012 Veterans for Common Sense – for establishing Veteran’s
Diversion Courts & support of local veteran’s programs 2013 “We are Sarasota” production serving to educate & inspire
diversity in the community & legal profession. 2014 Michelle Anderson – extraordinary service and relentless
passion to the legal profession and the community as coordinator of Booker Law Academy at Booker High School 2015 David E. Morrill – providing close to 10,000 pro bono hours 2016 Sarasota/Manatee Chapter of Association of Legal Administrators – President, Jackie Vingelli 2017 Jan Jung – extraordinary service, dedication, loyalty, and
unwavering support to the legal profession 2018 Roxanne Jerde—President and CEO, Community Foundation
of Sarasota for her tireless promotion and advocacy of the legal profession
SUMMERINTERN/LAWCLERKSOCIALJoin us as we welcome all summer
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