THE SIDE BAR - OCTOBER 2011 · Fred has also earned Florida Bar Certi ﬁ cation, the highest level...

THE SIDE BAR - OCTOBER 2011

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Special thanks to all of those members who participated in Constitution Week! I am sure you learned as much from the students as they learned from you. Educating the public, at the earliest opportunity, about the fundamental building blocks of our system of justice is an investment in the legal profession that benefi ts us all.

I hope you all were able to attend our luncheon to hear Cammie Houser’s advice on Working Smarter, Not Harder. It is easy to agree with her advice but harder to implement; remember to take on one goal at a time and see how much more productive you can be in your practice. Congratulations again to Hon. Mark Klingensmith on his appointment to the Bench, and special thanks to George Bush and Preethi Sekharan for taking the lead on putting together a spectacular Investiture.

A great deal of attention has been given to the issue of civility between our elected offi cials lately. As the rancor and rhetoric continue over the next thirteen months leading up to the presidential election, we can be reminded each day that passion for our clients and their issues is NOT synonymous with being diffi cult and argumentative. Our Bar Association’s reputation for the manner in which our members practice the profession is well earned, and I commend each member for carrying on the tradition of civility in our Bar. The key to our success is the relationships we have with each other. Take advantage of the opportuni-ties to get to know the other lawyers in your practice areas; contact the chairs of our various practice committees and avail yourselves of the programs they are putting together; and remember to pick up the phone before you write a letter or fi le a motion--you will be surprised at how many issues you can resolve.Remember to pay your dues and RSVP for the luncheons!

Did you know this about the Constitution?

NEWSLETTER OF THE MARTIN COUNTY BAR ASSOCIATION

MESSAGE FROM THE PRESIDENTIN THIS ISSUEPresident’s Message (Pg. 1)

Happy Hour October 20th (Pg.12)

Klingensmith Investiture (Pg.17-19)

CHEERS (Pg. 28 )

Calendar of Events (Pg. 35)

THE SIDE BAR NEWSLETTER

Published monthly, excluding July, by the Martin County Bar Association as a service to its membership.

If you have an article, opinion, news or other information for publication in the SideBar, please call Michelle Katzman at (772) 220-8018 or email information to:[email protected]

The due date for all advertisements, articles and announcements is the 5th of the month preceding publication.

Contact Us:MARTIN COUNTY BAR ASSOCIATION

PO Box 2197 Stuart, FL 34995-2197

MCBA 2010-2011EXECUTIVE BOARD:

Voicemail Line: (772) 220-8018

E-Mail: [email protected]

Website: www.martincountybar.org

President: Shaun T. PlymaleVice President:

Gregory S. WeissTreasurer:

George W. Bush, Jr.Secretary:

Jennifer A. WatersImmediate Past President:

Preethi SekharanExecutive Director:Michelle D. Katzman

Shaun T. Plymale 2011-12 MCBA President

• Thirty-four of the fi fty-fi ve convention delegates were lawyers.

• George Washington established the fi rst national Thanksgiving Day to give “thanks” for the new Constitution on November 26,1789.

• The median age at the time the Constitution was signed was 16. The population was 4 million. The largest city was Philadelphia with 40,000.

• The Constitution has 4,400 words. It is the oldest and shortest written Constitution of any major government in the world.


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MCBA OCTOBER LUNCHEON MEETINGGuest Speaker: Fred Cunningham

Executive Committee Member, Florida Justice Association

On Friday, October 21, 2011, the Executive Board of the MCBA invites its members, prospective members, and any guests to join us for our monthly luncheon meeting at Monarch Country Club in Palm City.

Our guest speaker, Fred Cunningham, has been profi led in The Best Lawyers in America for personal injury litigation for the last seven years. He has achieved an AV rating from Martindale-Hubbell, the highest rating available from the nation’s oldest guide to the legal profession, for his for legal ability and ethical standards. He was recently selected for inclusion in Florida Super Lawyers. Fred has also earned Florida Bar Certifi cation, the highest level of recognition by the Florida Bar, for competency and experience as a civil trial lawyer. Mr. Cunningham has been very active in the Florida Justice Association, a statewide organization of attorneys who fi ght to preserve our civil justice system. Since 1997, Fred has been elected by his peers to serve on the Association’s Board of Directors. During that time, Fred has served on and chaired several committees. He has received numerous leadership and fund-raising awards. He has also given numerous lectures to his peers on the topics of trial practice and insurance company bad faith.

Attorney Cunningham has also been very active in local bar associations. For several years Fred served on the Board of Directors of the North County Section of the Palm Beach County Bar Association and served as its President for the 2000-2001 year. He has also served on the Board of Directors of the Palm Beach County Justice Association for several terms and is currently the Treasurer of that organization.

Fred graduated from the University of North Carolina School of Law in 1988 and was admitted to practice in Florida in October of 1988. He is currently with Slawson, Cunningham, Whalen & Gaspari located in Palm Beach Gardens, Florida.

A special thank you to our luncheon co-sponsor, Comerica Wealth Management. As always, attendees at the monthly MCBA luncheon will earn one hour of CLE credit. We look forward to another great turnout. Please call 772-220-8018 by October 18th to RSVP if you would like to attend.


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MCBA Tenth AnnualPresident’s Cup Golf Tournament

At Fox Golf Club, in Palm City May 12, 2012

Save The Date: May 12, 2012, to be held at the Fox Club in Palm City. Look for more details in the upcoming

issues of the SideBar.

19th Circuit Needs Court Appointed Counsel – Please Consider Registering!

It is a challenge at the very least to maintain enough attorneys on the Court Appointed Counsel Registry to be able to appoint counsel when the PD and Regional Counsel confl ict off the cases, especially in Dependency cases.

Consider applying for the Registry, especially in Dependency cases.

The link to the application is below:

http://www.circuit19.org/documents/publicNotices/courtAppointedAttorney/APPLICATION%20FOR%20COURT%20APPOINTED%20ATTYS.pdf

For more information, contact: Thomas A. Genung, Esq.Trial Court Administrator

19th Judicial CircuitPhone: 772-807-4370

Email: [email protected]

Justice TeachingHonorable William L. Roby

For information about Justice Teaching, please contact Judge Roby at

772-288-5560, [email protected], or visit the website at

http://www.justiceteaching.org.


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Foreclosure CommitteeTrent Steele, Chair

October Foreclosure Law Committee Report

IMPORTANT: Please note that the administrative order for residential foreclosure cases has been amended (again). It is Administrative Order 2011-06 and is effective October 1, 2011. As of the writing of this report, the new administrative order is not posted on the 19th Circuit website. If you would like a copy, and can’t fi nd it, please let me know and I will forward to you. The changes in the

copy I recently received aren’t highlighted so I am unable to discern all of the changes, but I have noted the following:

1. “Plaintiff’s Counsel” is now defi ned as “counsel of record assigned to the case, or a member of the Florida Bar of the law fi rm retained by the plaintiff who is knowledgeable about the case.” I’m sure there will still be arguing about what this means, but I believe it was meant to stop out-of-town fi rms from hiring local counsel on an ad hoc basis to appear for them at mediation. Either fi le a Notice of Appearance or don’t show up for mediation.

2. The third paragraph of Paragraph 5 (Procedures--Responsibilities of Plaintiff’s Counsel; Form A) has been changed to explain how to provide (earlier) notifi cation of additional/different plaintiff’s representatives at mediation and (I think) to emphasize again that attorneys must fi le a Notice of Appearance and be identifi ed on Exhibit 7 if they intend to stand in for out-of-town fi rms.

3. Paragraph 6 (Procedures-Responsibilities of Borrower) requires borrowers to provide additional documentation to their credit counselors prior to mediation. Please make sure your borrowers/clients understand the need to provide these additional documents, which is mandatory in some instances.

4. Paragraph 7 (Plaintiff’s Disclosure for Mediation) has been changed to require delivery of the items requested 10 days (not 3) prior to mediation. If the documents are not produced or excused, the mediation will not take place, and the case may not progress. The Program Manager now has authority to issue a notice of noncompliance for failure to produce these documents, and the plaintiff may be sanctioned.

5. Paragraph 13 (Attendance at Mediation) now includes additional language about the meaning of “full authority to settle” on the part of the plaintiff’s representative. The representative’s authority must be unconditional and must include the ability to approve a short sale, deed in lieu, consent to waiver of defi ciencies, etc.

6. Paragraph 19 (RMFM Program Fees) has been clarifi ed concerning payment of fees in various situations, including where the borrower fails to complete credit counseling.

7. Paragraph 22 (List of Participating Mediators and Rotation of Mediators) has been changed slightly to “encourage” rather than “require” mediators trained in mortgage foreclosure cases. I’m not quite sure of the intent, and leave it to the mediators to decipher.

All for now. See you in November. For questions or more information on this committee, contact Trent Steele at [email protected]


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MALPRACTICEAccepting referrals of plaintiff’s legal

malpracticecases throughout Florida and Texas. Referral fees paid consistent with governing bar rules.

LAW OFFICES OF

ERIC G. OLSEN1333 NE JENSEN BEACH BOULEVARD

JENSEN BEACH, FLORIDA 34957TEL: (772) 225-3393FAX: (772) 225-3394

Toll Free: 1-877-E G [email protected]

www.egolaw.com

Certifi ed Appellate MediatorsSubmitted By: Edmund J. Sikorski, Jr., J.D.

MEDIATION STALLS WHEN CERTAINTY (DIGGING IN) PREVAILS

Every mediated negotiation must fl uctuate between doubt and certainty to proceed to resolution.

Initially, the parties to the process usually have achieved some sense of certainty with regard to the position taken. However, a party must experience doubt in order to arrive at a mediated solution.

The nature of a negotiation is that a mutually satisfactory outcome can never be reached unless each party has a plan of negotiation and is prepared to change position in accordance with the plan and not as a reaction to a stated position of the other side. Such change involves successive movement, usually in a short time span, from entrenched dug-in positions to positions of doubt that the previously dug-in position is an impregnable fortress.

The process can be exhausting and the more dug in the position becomes, the more exhausting the process becomes, until all is hopeless and the process disintegrates into impasse.

Certainty reevaluations must occur if an imposed third-party decision is to be avoided. Such resolutions are often unsatisfactory to both sides, and they are always unsatisfactory to the losing side.

---------------------------------------Edmund J. Sikorski, Jr., J.D., is one of seven Certifi ed Appellate Mediators residing in the 19th Circuit and the only one residing in Martin County.


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Judicial Relations CommitteeHonorable Jack S. Cox and

Richard H. Levenstein, Co-Chairs

Save The Date: The 2011 Fall Judicial Reception is scheduled for December 8, 2011 (6:00 p.m.) at the Kane Center in

Stuart. Look for more details in the next issue of the SideBar.

Constitution Week CommitteeAlan Orantes Forst, Constitution Week Committee Chair

Thank you to all the MCBA members and local attorneys who volunteered their time to participate in Constitution Week during September 19 -23, 2011. Look for a full summary in the November issue of the SideBar.

Happy HalloweenHappy Halloweenfrom the Martin County Bar Associationfrom the Martin County Bar Association


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Probate, Trust Law & Guardianship CommitteeRay Robinson, Chair

Our next meeting is on Wednesday, November 9, at noon at the offi ces of Fox, Wackeen, Dungey (3473 SE Willoughby Blvd). If you know of anyone who would like to sponsor a lunch meeting or speak to our committee on topics related to our practices, please let me know. If you are interested in joining this committee, please contact me at [email protected].

Pro Bono CommitteeJane Cornett, Chair

MCBA Pro Bono Committee is Seeking Volunteers to Celebrate National Pro Bono Week

The Martin County Bar Association Pro Bono Committee is celebrating National Pro Bono Week (October 23-29, 2011) with our next “Ask-a-Lawyer” Pro Bono Event. The event is scheduled for Friday, October 28, 2011, from 10:00 a.m. to 2:00

p.m. at the Log Cabin Senior Activity and Dining Center, 2369 NE Dixie Highway (Langford Park), Jensen Beach. The facility is being provided by Martin County Parks and Recreation.

FRLS will prescreen clients and set appointments for 30-minute consultations. The appointments will be for on-site counsel and advice only with NO ongoing commitment. Volunteer for 1, 2, or 3 hours!

FRLS will offer free CLE training for volunteers. All trainings are in audio, video, or webinar format. Following are some of the FREE CLE trainings FRLS currently has available:

• A Primer on Low-Income Taxpayer Issues: 2.0 General Hours• Attorneys’ Fees: 6.0 General or Ethics Hours• 19th Annual Nuts & Bolts of Divorce: 4.0 General / .50 Ethics• Basic Landlord/Tenant Law: 2.50 General Hours• Car Repossession Defi ciencies: 2.0 General Hours• Consumer Bankruptcy Seminar: 4.0 General Hours / 1.0 Ethics• Consumer Credit Card Defense: 2.0 General Hours• VAWA, U Visa and T Visa for Domestic Violence Victims: 1.5 General Hours

To volunteer for the “Ask-A-Lawyer” or for additional information about the project, please contact:Carolyn Fabrizio, 19th Circuit Pro Bono Coordinator at [email protected]

(772) 466-4766, ext. 7024 or Jane L. Cornett, Esq., Pro Bono Committee Chairperson at [email protected] (772) 286-2990


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Professionalism Committee1

Mark Miller, Chair

Florida Supreme Court Revises Oath of Admission

“To opposing parties and their counsel, I pledge fairness,integrity, and civility, not only in court, but also in all written and oral

communications.”

Last month the Florida Supreme Court revised the Oath of Admission to the Florida Bar to include the language I quoted above. The justices of the Court explained that concerns had grown about acts of incivility among members of the legal profession, and that the justices recognized the importance of respectful and civil conduct in the practice of the law. Thus, they added this language that calls for professionalism between opposing counsel and professionalism toward the opposing party.

Most Martin County Bar Association members I know pride themselves on the fairness, integrity, and civility they display and they see displayed by fellow members of the local Bar. Nevertheless, it is good to see the Florida Supreme Court justices bringing to new Bar members’ attention their duty to treat opposing counsel and opposing parties with respect. At times, anyone may fall prey to the temptation to see the opposing party or counsel as nothing more than the hated enemy. The Court’s change to the Oath reminds us all that more is expected from a member of the Florida Bar.

----------------------------------------1Mark Miller of the Appellate Law Offi ce of Mark Miller, P.A., chairs the MCBA's Professionalism Committee

and co-chairs the Social Committee. Contact Mark at 772-633-4401, or [email protected] for more details or for questions or comments on this column.

Law Offi ce Of Stephen M. Lewen

Social Security Disability & Supreme Court Certifi ed Circuit Civil Mediator

2646 SW Mapp Road - Suite 206Palm City, FL 34990

Telephone: 772-288-1300 Fax: 772-288-2135

Representing the injured& disabled for over 31 years.


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Sponsored by the MCBA Social Committee and the Young Lawyers Division

You are invited to join us for HAPPY HOUR at Bonefi sh Grill in Stuart on Thursday, October 20th at 6 p.m.

Young Lawyers DivisionPaige Hardy, Chair

YLD has kicked off football season with the Social Committee! We gathered at Flanigan’s for Monday Night Football on September 12th and had a great time. Join us and the Small & Solo Practice Committee on October 20th at Bonefi sh Grill for Happy Hour, and please stay posted for upcoming happy hours and service events! Don’t forget to mark your calendars and sign up early for the 2012 Canoe Trip! The dates are March 3rd and 4th, and we are already looking forward to Judge Roby’s famous

breakfast! You can e-mail me at [email protected] with any questions or if you would like to get your name on the list early. If you are not receiving the YLD e-mails and would like to be included, or if you know someone who might be interested, please e-mail me at [email protected]. We know there are some recent grads out there, and we would love to have you at our events!!

Social CommitteeCo-Chairs - Mark Miller and Chad Hastings

Look for details about up-coming programs and events in the November Issue of the SideBar. In the meantime,

don’t hesitate to contact Mark at [email protected] or Chad at chastings@lesserlawfi rm.com

Small and Solo Practice CommitteeJason Berger, Chair

Thank you to Professional Retirement Services, a full-service retirement planning company dealing with small businesses, who sponsored the Smal l and Solo Pract ice Commit tee Luncheon on September 27th.

Join us and YLD on Thursday, October 20th at 6pm for Happy Hour at Bonefi sh Grill in Stuart. We Hope to see you there!


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Real Estate and Commercial Litigation UpdateManuel Farach, Esq.

Real Property and Business Litigation ReportSeptember, 2011 Summary

FL-Carrollwood Care, LLC v. Gordon, --- So.3d ----, 2011 WL 3364349 (Fla. 2d DCA 2011).An arbitration agreement which lacks an express grant of jurisdiction to award punitive damages is not substantively unconscionable because arbitrators inherently have such

jurisdiction. Likewise, a cap on non-economic damages and limitation on discovery also do not make a mandatory arbitration provision unconscionable.

Razin v. A Milestone, LLC, --- So.3d ----, 2011 WL 3364362 (Fla. 2d DCA 2011).A custodian to wind up a LLC dissolution is typically given the same powers as a receiver, and accordingly, parties may appeal appointment of a custodian under the same rule as appointment of a custodian, i.e., Florida Rule of Appellate Procedure 9.130 (a)(3)(D). Moreover, Florida Statute § 608.4225 (1)(d) states that a LLC manager does not violate the duty of loyalty by actions which incidentally further his own interests (such as hiring an attorney to represent him with company funds) and the LLC Act provides that parties may waive confl icts of interest in the LLC operating agreement.

Strickland v. Jacobs, --- So.3d ----, 2011 WL 3364379 (Fla. 2d DCA 2011).An employer is liable for the intentional torts committed by her employee while the employee is acting in the course and scope of her duties when the act was meant to further the interests of the employer.

Sheppard v. M & R Plumbing, Inc., --- So.3d ----, 2011 WL 3331216 (Fla. 1st DCA 2011).A construction lien can only arise from an agreement, i.e., a contract, a verbal agreement or a contract implied in fact, and cannot arise from a contract implied in law.

Lepisto v. Senior Lifestyle Newport Ltd. Partnership, --- So.3d ----, 2011 WL 3300199 (Fla. 4th DCA 2011).A person who signs an addendum to a nursing home contract as the “fi nancially responsible party” is bound by the arbitration provisions of the addendum, but the party who signed the contract without an arbitration provision is not bound to arbitrate, as he did not agree to the arbitration provision.

1000 Friends of Florida, Inc. v. Palm Beach County, --- So.3d ----, 2011 WL 3300204 (Fla. 4th DCA 2011).Comprehensive land use plans are interpreted in the same manner as statutes, i.e., courts fi rst look to the plain meaning of the plan. Accordingly, a local government may not issue a development order for rock mining if the list of reasons for rock mining is not met.

Hutson v. Plantation Open MRI, LLC, --- So.3d ----, 2011 WL 3300213 (Fla. 4th DCA 2011).A party may oppose a summary judgment by fi ling an affi davit in opposition and moving to amend its affi rmative defenses and setting the motion to amend for hearing the same date as the summary judgment.

Inc. v. 21 Coral Way Condominium Investments, /22 Condominium Association, Inc., --- So.3d ----, 2011 WL 3300233 (Fla. 3d DCA 2011).A party may not contest the payment of a condominium special assessment by the defense of breach of fi duciary duty by the board of directors of the association.

Hotel 71 Mezz Lender, LLC v. Tutt, --- So.3d ----, 2011 WL 3300384 (Fla. 3d DCA 2011).A trial court may not sua sponte order summary judgment against a non-movant.

Claridge H, LLC v. Claridge Hotel, LC, --- So.3d ----, 2011 WL 3300395 (Fla. 3d DCA 2011).A trial court may not order a directed verdict against a defendant before defendant has an opportunity to present its case.

Continued On Next Page . . .


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Continued From Previous Page . . .

Palmcrest Homes of Tampa Bay, LLC v. Bank of America, N.A., --- So.3d ----, 2011 WL 3518026 (Fla. 2d DCA 2011).Trial courts, not arbitration panels, determine the threshold issues of waiver, unconscionability of the whole contract (as opposed to unconscionability of the arbitration clause), and whether third parties are bound to arbitrate.

Parker v. LaSalle Bank Nat. Ass'n, --- So.3d ----, 2011 WL 3476668 (Fla. 4th DCA 2011).Constructive service is ineffective if the affi davit of diligent service shows a lack of diligence in attempting to locate the defendant, i.e., only one attempt at service and no attempts to inquire of neighbors or the tenant. This demonstrates lack of diligence despite searches for credit information, directory assistance, motor vehicle records, the post offi ce, property tax records, national death records, and prison records.

Fit v. Attorney's Title Ins. Fund, Inc., --- So.3d ----, 2011 WL 3477019 (Fla. 3d DCA 2011).Title insurance company that pays claims to lenders that were issued Closing Protection Letters for closings where the title agent fraudulently infl ated values at closing and pocketed the difference is not entitled to an award of unjust enrichment unless it can show it, as opposed to the lenders, conferred the benefi t that unjustly enriched the title agent.

Florida Gamco, Inc. v. Fontaine, --- So.3d ----, 2011 WL 3477081 (Fla. 4th DCA 2011).Fla. Stat. § 47.051 provides that venue for a domestic Florida corporation is where the corporation has its home offi ce, while venue is proper for a foreign corporation wherever it has an agent or other representative.

Katzman v. Rediron Fabrication, Inc., --- So.3d ----, 2011 WL 3477093 (Fla. 4th DCA 2011).Discovery upon a hybrid fact/expert witness is not necessarily restricted to the factors set forth in Elkins v. Syken, 672 So.2d 517 (Fla. 1996).

B&C Investors, Inc. v. Vojak, --- So.3d ----, 2011 WL 3477163 (Fla. 2d DCA 2011).A constructive trust is a remedy and not a cause of action.

CBT Flint Partners, LLC v. Return Path, Inc., --- F.3d ----, 2011 WL 3487023 (11th Circ. 2011).Patent claim construction is a matter of law, and a reviewing court can correct an obvious mistake by inserting the word “and” in between “detect” and “analyze.”

Martin County v. Polivka Paving, Inc., --- So.3d ----, 2011 WL 3586117 (Fla. 4th DCA 2011).Reversal of a signifi cant part of a judgment, even if plaintiff remains the prevailing party, requires the trial court to reconsider the contingency risk multiplier it applied to enhance an attorneys’ fees award.

U.S. Bank Nat. Ass'n v. Paiz, --- So.3d ----, 2011 WL 3586132 (Fla. 3d DCA 2011).An unsworn Rule 1.540 Motion for Relief from Judgment fi led by mortgagors “nearly two years after being served with process, ten months after the fi nal judgment of foreclosure was entered, more than fi ve months after the property was sold and on the eve of eviction” is not legally suffi cient; Rule 1.540 is not a substitute for timely appeal.

Robles-Martinez v. Diaz, Reus & Targ, LLP, --- So.3d ----, 2011 WL 3586179 (Fla. 3d DCA 2011).Returns of service can be challenged by either demonstrating the return is not “regular on its face,” i.e., does not comply with Florida Statute § 48.21 and is therefore facially invalid, or by alleging the service of process is invalid by contesting the factual allegations of the return, e.g., the party was substitute served at a location not her “usual place of abode.” A facially regular return is prima facie proper, and the party contesting service must prove the defi ciency by clear and convincing evidence. The statute requires service “at the usual place of abode,” i.e., only requires the party be living at the premises at the time of service. The statute does not require service at the “residence” of the party (which may be different than “usual place of abode”).

Martinez v. Aurora Loan Services, LLC, --- So.3d ----, 2011 WL 3586203 (Fla. 3d DCA 2011).Motions for rehearing of orders deciding Rule 1.540 motions are not “authorized” for appellate purposes and do not toll the time to fi le an appeal.



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BECC Holding II, Inc. v. Rachtanov, --- So.3d ----, 2011 WL 3586212 (Fla. 3d DCA 2011).Purchaser at tax deed sale may request reimbursement of monies used to pay tax certifi cates from surplus tax deed sale proceeds

I-Net Technologies, Inc. v. Salazar, --- So.3d ----, 2011 WL 3586233 (Fla. 4th DCA 2011).A cause of action in a personal services contract dispute accrues, for venue purposes under Florida Statute §47.051, where the personal services are rendered.

City of Riviera Beach v. That Certain Unnamed Gray, Two Story Vessel Approximately Fifty-Seven Feet in Length, --- F.3d ----, 2011 WL 3629483 (11th Cir. 2011).A “vessel” under 1 U.S.C. § 3 (federal maritime law) includes “every description of watercraft or other artifi cial contrivance used, or capable of being used, as a means of transportation on water,” notwithstanding the vessel is built to be and is used as a residence and is not capable of navigation.

Patel v. Boers, --- So.3d ----, 2011 WL 3754651 (Fla. 5th DCA 2011).A general assignment is suffi cient to assign a restrictive covenant pursuant to Fla. Stat. § 542.335 (1) (f) (2).

1321 Whitfi eld, LLC v. Silverman, --- So.3d ----, 2011 WL 3685757 (Fla. 2d DCA 2011).Constructive service is permitted on LLCs as the Florida LLC Act provides for service on LLCs in accordance with Chapters 48 and 49 of the Florida Statutes, which chapters permit constructive service.

Blumstein v. Sports Immortals, Inc., --- So.3d ----, 2011 WL 3687423 (Fla. 4th DCA 2011).A statement crosses the line from innocent, non-actionable statement to one upon which a claim for negligent misrepresentation lies when the utterer has a direct, pecuniary interest in the transaction or context such that it is equitable to impose a duty of care and diligence in making the statement.

Henn v. Ultrasmith Racing, LLC, --- So.3d ----, 2011 WL 3687448 (Fla. 4th DCA 2011).A dismissal, whether with or without prejudice or whether voluntary or involuntary, generally makes the defendant the “prevailing party” for contractual or statutory attorney’s fee determinations.


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A special thank you to Café Coconut Catering ([email protected]) who, as always,

provided a fabulous light buffet selection for the reception.

The shuttle service was generously provided by the City of Stuart’s Community Redevelopment Agency

(for more information contact Robin Lemay at 772-600-1258).

Professional photos of the Investiture shown on page 18 - 19 were submitted by

Legal Consulting Services For more information, contact: [email protected].

www.legal-consulting-services.com

Congratulates

HonorableMark W. Klingensmith

InvestitureReception Sponsor


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Martin County Chapter of the FloridaAssociation for Women Lawyers (FAWL)

News from Martin County FAWL

The Board of Martin County FAWL invites you to our Second Annual Family Fun Day being held Saturday, October 15, 2011, at the home of Nina Ferraro, 1-4 p.m. This was a wonderful fund-raiser for Safe Space last year, and we’re hoping to have another great event this year. We’ll be raising money again for Safe Space in conjunction with Project

Lift--two fabulous Martin County organizations. We hope you all can join us for food, drinks, and fun. Silent auction items are being gathered, and sponsorships of the event are still available. While we had over 100 people in attendance last year, we hope you’ll help us break that record and truly make a difference to our local organizations. There is a suggested donation of $10 per person at the door. For silent auction dona-tions or sponsorship opportunities, please contact Leslie Kroeger at [email protected], (772) 475-9634 or (561) 515-1400 or Nina Ferraro at [email protected].

We encourage you to renew your membership now or fi ll out a new member application online at www.FAWL.org. We’ll be making great efforts to connect our members to one another, as well as other members of the community, contribute to worthy community activities, and further personal and professional growth.

Who can join FAWL? Attorneys in good standing with the Florida Bar; members of the judiciary; judicial assistants, paralegals, law students; and any other member of the community devoted to promoting gender equality in the legal profession, the judiciary, and the community-at-large.

Why join FAWL? It’s a great way to network and market yourself and your skills. It’s a great opportunity to help the local community, as our events this year will be focused around helping those who fi nd themselves at Safe Space, the Martin County shelter for women and children overcoming domestic violence. You’ll also benefi t from free CLE’s, member discounts with exclusive retailers, and a voice in the legislative sessions each year.

City of Stuart Ordinances

All City of Stuart ordinances may be found on the City website: www.cityofstuart.us.

Click on links on the left side of the page. Then select #12 for Municode and choose

Code of Ordinances.

The Table of Contents can be located in Part II Code of Ordinances.

Martin County Ordinances

All Martin County ordinances may be found on the County website: www.martin.fl .us.

Click on Departments, County Attorney, County Code & Ordinances. See ordinance

list on right side of web page (ex: Ordinances 800-849).


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Trial Lawyers Committee Paul McMahon, Chair

We are looking forward to an exciting new year. As last year, our meetings will start at 12:00 p.m. and be held at Page, Mrachek, Fitzgerald & Rose, P.A., 1000 SE Monterey Commons Boulevard in Stuart. Lunch will be served, and we are lining up guest speak-ers on topics that are of interest to trial lawyers in their daily practice.

Our meetings offer an opportunity to mix with other trial lawyers, exchange ideas, and learn from each other, which, in turn, will make us better litigators. Our luncheon lecture series will also enable you to obtain Continuing Legal Education hours. At our October

13, 2011, meeting, our speaker will be the Honorable F. Shields McManus. Judge McManus himself was a trial lawyer before taking the Bench, and his presentation will be of great interest and benefi t to our committee members. We look forward to seeing you there! If attending, please RSVP to Mary-Ellen Laliberte via e-mail at [email protected] or 772-221-7757.

Mark your calendars--the dates of our upcoming meetings are:

• October 13, 2011• November 10, 2011• December 8, 2011• January 12, 2012• February 9, 2012• March 8, 2012

For more information, please feel free to contact me at 772-335-9219 or [email protected]


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Rhyme and Reason on the Fee RuleRose D. Schneider, Esq.

Rule 4-1.5 of the Rules Regulating The Florida Bar covers contingent and referral fees – it reaches far

Per subsection (f) all contingent contracts must be in writing and signed by the client and also by thee

The contract must state the method of determining the feeand include what percentages at which stage so the client can see

Whether expenses will be deducted before or after calculating fees regarding other participating attorneys who want to get paid – please

Remember to sign the fee agreement and in the contract also say that they’ll be jointly liable for representation from day to day

Two attorneys from separate fi rms in a med. mal. or p.i. suitwho comply with (f)(4)(D) and (g) for fees, their horn may toot

If the attorneys want to divide fees 50/50 between the two they must ask the court to rule before or at the time they sue

Or if the client engages a new lawyer to assist within 10 days of fee contract ask Judge – the rule insists

But in non-contingent matters such as divorce or criminal defense 4-1.5(g) governs the division of fees – to comply with would be best

Regardless of whether attorneys from different fi rms dividefees from commercial litigation, med. mal. or p.i.

The total fee must be reasonable and for guidance attorneys may seeall the factors listed under subsection “b”

Per part “a” excessive fees are simply not allowedand could be forfeited so your judgment do not cloud

Whether a fee is reasonable requires a factual determination and could be as soothing as your favorite radio station

Although long and tedious a trip through 4-1.5 may beby complying with the rule all work need not be for free.

The Indian River County Bar Association

presents the

Nineteenth Judicial Circuit 2011 Family Law Seminar

October 14, 20118:30 am to 4:30 pm

Richardson CenterMueller Campus of

Indian River State College in Indian River County

The cost of the seminar is $125 per person and includes all materials and lunch if the registration is received by September 15, 2011. After that date, registration will be accepted, including at the door, for $150 per person. Paralegals and offi ce staff are welcome.

Seating is limited. For more information please call

(772) 569-1101.

Family Law CommitteeLinda Weiksnar, Chair

For more information about t h i s commi t t ee , p l ease contact Linda Weiksnar at

[email protected].


23

Admiralty & Maritime Law CommitteeBarbara Kreitz Cook, Chair

The scope and function of the Admiralty Law Committee is to study and keep members of the Bar informed of recent developments in the fi eld of admiralty law. The committee, along with the Rules Committees, should review and study the portions of the Federal Rules of Procedure and United States Code relating to admiralty matters and local rules relating to admiralty matters in the various United States district courts in Florida. The committee may study and consider matters in the area of admiralty law and procedure as may be developed by the committee or assigned by the president or Board of Governors and assist in developing continuing legal education courses for persons designated in

admiralty law. The committee meets semi-annually. Contact me if you are interested in joining the Committee: [email protected] or 772-232-8940

Immigration CommitteeScott D. Devore, Chair

On August 18, 2011, the Department of Homeland Security, in a letter from Secretary Napolitano to Senator Dick Durbin (IL), announced that it is refocusing its efforts to deport criminals by diverting resources previously used on deporting those who were considered low priority.

DHS, along with the U.S. Justice Department, has begun reviewing approximately 300,000 cases already before the Immigration Court on a case-by-case basis. This isn’t an amnesty by any means, and the regulatory procedures haven’t even been published

yet, so nobody really knows how the program is going to work. The good news is that it is a step in the right direction. DHS exercising prosecutorial discretion to go after hard core or repeat offenders and not the 22-year-old kid who has put himself through college and who has been in the U.S. since he was in grade school makes sense to many. Time will tell.

Scott Devore is Florida Bar Board Certifi ed in Immigration and Nationality Law and principal of Scott D. Devore, P.A., with offi ces in Palm Beach Gardens. He can be reached at: [email protected] or at

(561) 623-5344.

For Rent - 3 Offi ce SuitesIn Downtown Stuart(Next to Lyric Theater)

No lease required - Use of Conference Rooms & Photo Copiers included in

Rent.

Rent Begins at $700 Per MonthContact Larry Stewart at

(772) 283-8191 or

[email protected]


24

Joint Misadventure: When Joint Ventures Go Awry, Demand a Receiver

By: Greg Weiss and Dan Thomas

A “joint venture” or “joint adventure” is a “combination of two or more persons, who, in some specifi c venture, seek a profi t jointly without the existence between them of any actual partnership, corporation, or other business entity.”1 To prove the existence of a joint venture,

litigants must show: “(1) a community of interest in the performance of a common purpose, (2) joint control or right of control, (3) a joint proprietary interest in the subject matter, (4) a right to share in the profi ts and (5) a duty to share in any losses which may be sustained.”2 Importantly, unlike almost any other business relationship worthy of litigation, “Florida law does not require joint adventure agreements to be in writing.”3 Therefore, plaintiffs commonly allege breaches of joint venture agreements where they have been wronged within a business relationship that was never reduced to writing, in order to avoid the statute of frauds.4 There is an additional signifi cant benefi t of joint venture-related allegations in business cases where one business participant has been frozen out or locked out by the other: Florida Courts have the power to appoint receivers to marshal and take control of a joint venture’s assets during litigation. This article briefl y reviews the appointment of receivers generally, and specifi cally addresses when a court may appoint a receiver to take control of the assets of a joint venture.

A “receiver pendente lite” is a “person appointed to take charge of the fund or property to which the receivership extends while the case remains undecided. … The object of the appointment is to secure the property pending the litigation, so that it may be appropriated in accordance with the rights of the parties, as they may be determined by the judgment in the action.”5 Florida courts may appoint a receiver6 : (1) While exercising its power of appointment with great circumspection; (2) The claimant has a title to or lien upon the subject property, and the court is satisfi ed by record evidence that a receiver is required to preserve the property; (3) If the appointment isn’t justifi ed merely because the action can do no harm; and, (4) The fraud or imminent danger to the property is clear should the receiver not be appointed.7 In the context of a business dispute, receivers are commonly appointed to take charge of corporate or partnership assets, to protect the same from dissipation during the pendency of the litigation.8 Receivers preserve the status quo until the conclusion of the litigation.9 This function is keenly pivotal in a closely held business dispute involving a freeze or lock out, because if the frozen or locked out venture partner can wrest the joint venture’s assets from the control of the other partner, the joint venture partners will be on equal footing throughout the duration of the litigation. In other words, appointing a receiver in these cases can completely (re)level the playing fi eld between the joint venture partners, by restricting the offending joint venture partner from funding the very litigation against her with the joint venture’s assets. While there exists a lack of direct Florida jurisprudence regarding appointing receivers over property owned by a joint venture, Florida law considers joint ventures to be akin to partnerships, and thereby “governed by the principles controlling partnership law.”10 The challenge of appointing a receiver in the context of an alleged joint venture is the second prong of the Warrington test (above), to wit: standing. “Standing comes about generally by virtue of a legal or equitable claim, such as a claim of ownership of the property in controversy … out of which the claim is to be satisfi ed.”11



25

In this context, if the existence of the joint venture itself is in dispute, and there is no writing establishing the alleged joint venture, the ownership of the assets of the alleged joint venture is likely also in dispute. Marshaling competent factual evidence, in the absence of a written agreement between the parties to the joint venture, that the locked or frozen party has a legal interest in the title of the property that is the alleged asset of the joint venture will be too great of a challenge in many cases, particularly when applied in the context of the standard for acquiring injunctive relief. The testimonial credibility of the plaintiff at an evidentiary hearing explaining to the judge exactly why they have a clear claim to legal title to the property in question is pivotal.

In fact, the only Florida case12 reviewing facts where a court appointed a receiver over joint venture assets is Abramson v. Brant, 141 So.2d 777 (Fla. 3d DCA 1962). In Abramson the trial court found that the parties were partners in a joint venture, and ordered “the attorneys for their respective parties [appointed as] receivers to operate and manage the affairs of the venture.” Id. at 779. Unfortunately, the Abramson court reviewed only the propriety of the receiver distributing surplus profi ts, as opposed to the propriety of the appointment of the receiver itself. Id. The lack of direct case law should not be a deterrent, as the line of cases pulling joint ventures within the rubric of partnership law, tracing back to the seminal case of Proctor v. Hearne, 131 So. 173, 177 (Fla. 1930)(fi nding that a “joint adventurer … is quite similar [to] partnership, and is governed by the principles which constitute and control the law of partnership”), controls.13 Therefore, when a joint venture partner presents clear evidence that the joint venture existed, that as a joint venture partner the plaintiff has clear legal title to the subject property, that the property is at risk of being squandered and that to preserve the pre-freeze/lock out status quo a receiver is required, Florida courts should not hesitate to appoint a receiver over the joint venture assets.

--------------------------------------- 1. Florida Tomato Packers, Inc. v. Wilson, 296 So.2d 536, 540 (Fla. 3d DCA 1974). See also Jackson-Shaw Co. v. Jacksonville Aviation Authority, 510 F.Supp.2d 691, 728-9 (M.D.Fla. 2007)(citing Williams v. Obstfeld, 314 F.3d 1270, 1275 (11th Cir.2002). 2. Atkins v. Topp Telecom, Inc., 873 So.2d 397, 400 (Fla. 4th DCA 2004) (citing Chase Manhattan Mortg. Corp. v. Scott, Royce, Harris, Bryan, et al., 694 So.2d 827 (Fla. 4th DCA 1997). 3.Id. See also De Ribeaux v. Del Valle, 531 So.2d 992 (Fla. 3d.DCA 1988); McKissick v. Bilger, 480 So.2d 211(Fla. 1st DCA 1985); Navarro v. Espino, 316 So.2d 646 (Fla. 3d DCA 1975). But see Vannamei Corp. v. Elite Intern. Telecommunications, Inc., 881 So.2d 561, 563 (Fla. 3d DCA 2004)(fi nding that the lack of a written contact can be evidence that the joint venture did not exist). 4.Florida’s Statute of Frauds provides, inter alia, that “No action shall be brought … upon any agreement that is not to be performed within the space of 1 year from the making thereof … unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith….” Fla. Stat. §725.01(1998). 5.Black’s Law Dictionary (6th ed. 1990). 6.Fla.R.Civ.P. 1.620 provides the procedural guidelines for notice and reporting for court appointed receivers, and Fla. Stat. §47.031 addresses venue for receiverships; however, those issues are beyond the scope of this article. 7.Warrington v. First Valley Bank, 531 So.2d 986, 988 (Fla. 4th DCA 1988)(citing Apalachicola Northern Railroad v. Sommers, 79 Fla. 816, 85 So. 361, 362 (1920). 8. See Forcum v. Symmes, 143 So. 630, 632 (Fla. 1932)(holding that a receiver has the “duty to protect by all legal means the assets of the corporation in the interests of its creditors fi rst, its stockholders afterwards”); and Lieberbaum v. Levine, 54 So.2d 159,161 (Fla. 1951)(affi rming the appointment of a receiver over the assets of a partnership). 9. Klak v. Eagles’ Reserve Homeowners’ Ass’n, Inc., 862 So.2d 947, 954 (Fla. 2d DCA 2004). 10. Soler v. Secondary Holdings, Inc., 832 So.2d 893, 897 (Fla. 3d DCA 2002)(citing Russell v. Thielen, 82 So.2d 143, 145 (Fla.1955). See also generally Hayes v. H.J.S.B.B. Joint Venture, 595 So.2d 1000 (Fla. 4th DCA 1992). 11. Warrington, 531 So.2d at 988 (citing 44 Fla.Jur.2d Receivers § 4 (1984)). See also Decumbe v. Smith, 143 Fla. 5, 196 So. 595 (1940); Apalachicola Northern R. Co., 79 Fla. at 816. 12. Only California, Oklahoma, Nevada, Vermont and Wisconsin have cases directly on point. See Estate of Peebles, 27 Cal.App.3d 163, (Cal. App. 2d 1972); Vilbig Const. Co. v. Whitham, 152 P.2d 916 (Okla. 1944); Sugarman Iron & Metal Co. v. Morse Bros. Machinery & Supply Co., 255 P. 1010 (Nev. 1927); Barry v. Kern, 199 N.W. 77 (Wis. 1924); Ganaway v. Miller, 1843 WL 3292 (Vt. 1843). 13. See also Puma Enterprises Corp. v. Vitale, 566 So.2d 1343 (Fla. 3d DCA 1990).

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Greg Weiss, current MCBA Vice-President, is a partner at Leopold Kuvin in Palm Beach Gardens, Florida, and focuses his practice on business litigation. Dan Thomas is a partner at Leopold Kuvin an is board

certifi ed by the Florida Bar in construction litigation.



26

BANKRUPCTY COMMITTEE Jon L. Martin, Chair

When is a Student Loan Dischargeable?

Under 11 U.S.C. § 523, student loans guaranteed, insured, or funded by the government may not be discharged unless the student can demonstrate that the debt, if nondischarged, “would impose an undue hardship on the debtor and the debtor’s dependents.” 11 U.S.C. § 523(a)(8). The bankruptcy court may grant a partial discharge of a student loan upon

the proper showing of hardship. In re Barrett, 487 F.3d 335, 358-59 (6th Cir. 2007); see also In re Saxman, 325 F.3d 1168 (9th Cir. 2003). A Chapter 13 debtor may fi le an adversary proceeding to determine the dischargeability of a student loan; however, such relief is rare. See In re Cassim,, 594 F.3d 432 (6th Cir 2010).

Importantly, the discharge provision in § 523(a)(8) applies only to government-guaranteed student loans. Student debt to a university for unpaid tuition and other fees is distinguishable from an educational loan that is nondischargeable under this Bankruptcy Code. (A student’s unpaid tuition bill is dischargeable in bankruptcy.) Therefore, a student may discharge a breached agreement to pay tuition to a college but cannot discharge a government-guaranteed loan agreement entered into to pay the college tuition. Private student loans deserve special attention.

Correction from last month: Paragraph 3, sentence 2 of last months article stated “Reaffi rmation of debt in bankruptcy prevents the debt.” This sentence should have read: “Reaffi rmation of debt in bankruptcy prevents the debt from being discharged.”

Need more information? Join the Bankruptcy Committee!For information regarding any of the Bankruptcy Meetings or this article, please contact me at:

[email protected].

MEMBER BENEFITReminder: Submit Your Firm Spotlight article to: [email protected] for publication in our newsletter. Submissions are fi rst-come, fi rst-serve. Contact Michelle Katzman at [email protected] for more information.

MEMBER BENEFITPlease check your contact information and photo on our website: www.martincountybar.org

Contact Michelle at [email protected] to make any changes.


27

Labor And Employment Law CommitteeRobert Kilbride, Chair

Several committee members met recently for a lunch discussion on employment law topics of interest. Other professional and ethical issues were discussed.

As Chairman, my goals for the committee are severalfold. First, I would like to bring together local Labor and Employment attorneys for periodic luncheons or casual “after-hour” mixers. If any committee members or other interested attorneys would like to host an after-hour mixer at their offi ce or present a particular mini-seminar of interest to the group, please let me know. I would also like to encourage the development of a more

energetic and functional networking group so that ideas, legal updates, information and referrals can be more readily shared and communicated.

If you have a particular area of expertise or focus in your L &E practice, please let me know about it so that members can Seek Counsel of Professional Experience (SCOPE) on a local level and network more frequently. Any ideas for growth and development of the committee are appreciated and should be passed along. For more information or questions, contact Bob Kilbride at [email protected].

The Lady Lawyers Group meets on the 2nd Friday of each month (at Noon) at CK Café


28

NEWS FROM THE FRIENDLY NEIGHBORHOOD BAR

• George W. Bush, Jr., a partner at the law fi rm of Fox, Wackeen, Dungey, Beard, Sobel, Bush & McCluskey, LLP, was named to the Big Brothers Big Sisters of Palm Beach and Martin Counties 2011-2012 Board of Trustees. Congratulations!

• The Crary-Buchanan blood drive in Stuart collected a record 501 pints of blood, enough to save more than 1,500 lives, over a three-day period that ended on the 10th anniversary of 9-11. The drive remembered those who died on that terrible day. All blood collected will stay in Martin County to help people, including those getting chemotherapy, those undergoing emergency treatment, and Afghanistan and Iraq war veterans receiving local care. Job well done!

• Jennifer Alcorta Waters (partner) and Shelley J. Stirrat of the law fi rm of Fox, Wackeen, Dungey, Beard, Sobel, Bush & McCluskey, LLP, have been named as Florida Super Lawyer Rising Stars. The publishers of “Florida Super Lawyers” strictly adhere to a rigorous, multistep selection process, which incorporates peer recognition and professional achievement. Evaluation, peer review, and fi nal verifi cation insure that only extremely qualifi ed attorneys who meet the criteria are included.

• On September 6, 2011 Chief Judge Steven J. Levin appointed Curtis Disque as General Magistrate/Hearing Offi cer for the Nineteenth Judicial Circuit Court of Florida.

Please send us your news of new hires, promotions, awards, engagements, marriages,child births, new addresses and the like for future issues of the SideBar.

CheersCheers

He’s a winner in court. He’s a winner with his family. He’s desperately unhappy.

As lawyers, we spend most of our time dealing with other people’s problems. We often ignore our own.

The daily pressures and deadlines of practice can result in diffi culties such as anxiety, depression, or substance abuse. Without help understanding how to deal with these obstacles, our families, work, clients, and lives can be drastically affected.

Florida Lawyers Assistance (FLA) provides confi dential assessment, referral, and help to attorneys, judges, and law students experiencing diffi culty with psychological, stress, or substance abuse issues. FLA is a non-profi t organization created by the Florida Supreme Court that works cooperatively with, but is not an agency of, The Florida Bar.

Remember - you never have to be alone. Contact FLA 800-282-8981 - www.fl a-lap.org

Confi dential Attorney’s Meetings are held at 5:30pm every Tuesday at 51 East Ocean Boulevard in Stuart.


29

Paralegal CommitteeJacqueline O. Miller, Chair

Hello fellow Martin County Paralegals!

For those of you who are NALA certifi ed, I would like to make sure you received the information regarding access to view and update your CLE records on-line. Please visit the NALA website to set up your on-line account.

Speaking on mass tort law in November is Brenda Fulmer, Esquire, from Searcy, Denney, Scarola, Barnhart & Shipley, P.A. What are mass torts? Mass tort cases involve a number of plaintiffs who have suffered harm due to a common event, product, or pattern of behavior. Many involve drug and medical device cases. Financial and consumer fraud claims may fall into this category. The BP oil spill, the 9/11 litigation, and airline crashes are included as well. Mass tort cases are commonly confused with class actions. They are often litigated through consolidated state or federal proceedings and involve special procedures that are unfamiliar to many lawyers and paralegals.

Please join us on Tuesday, November 15, 2011, to learn more about this growing area of litigation. Find out whether this type of practice is right for you, how to spot mass tort cases in our current case inventory, market for additional cases, retool your fi rm, and avoid fi nancial and ethical problems in managing a multi-plaintiff caseload. You can also learn some of the nuts and bolts and the meaning of all of those acronyms and arcane terms--MDL, PSC, JPML, CTO, ECF, common benefi t fund, All Writs, bellwether, lone pine, and more.

For more information please call me, Jacquelynne O. Miller, CP, FRP, at 772-220-1740 or email at [email protected]


30

Law Library Committee Eric Buetens, ChairThe Law Library Committee, using funds provided by the Martin County Bar Association, has audiotape and CD sets available at no cost to Martin County Bar members at the Law Library in the Courthouse.

Hours can be reported online, or the library can provide scan forms to report your credit hours. Short sets (such as the ethics-only tapes) may be checked out for one week. Longer sets (8+ credits) may be checked out for two weeks, although the sooner they come back to the Law Library the better. The tapes provide Martin County Bar members

the opportunity to earn CLE credits and stay up-to-date on the state of the law. Stop by the Law Library to take advantage of this Martin County Bar member benefi t! The Law Library is open Mon.-Thurs. 9-11:30 a.m.

The MCBA has received two new seminars. The fi rst is all about the new Power of Attorney Statute which takes effect on October 1, 2011.

• The Florida Power of Attorney Act--What you need to know before October 1, 2011: General 5.0; Ethics: 0.0; Elder Law 4.0; Wills, Trust & Estates: 4.0; CLE expires 01-22-13.

Topics: POA Instrument; Protections for the Principal; Part 1, Fiduciary Duties and Part II, Drafting Considerations. Acceptance and Reliance by third persons; and Effective Date, Existing POA and Other issues.

• Also, we received a Masters Seminar on Ethics 2011: Credit hours 4.0 general; 4.0 ethics; CLE

expires 12-24-12 Please call the law library at 221-1427 before going there, because there have been staffi ng issues, and the library might not be open during its regular Monday - Thursday hours.

To check on tape availability or rental charges, call the Law Library at 221-1427.Questions or Comments call Eric Buetens 546-6633.

Martin County Law Library Volunteers Needed

The Law Library is looking for volunteers to staff the library on an occasional part-time basis as relief if the library employee needs a day off. Any volunteers would be trained with the new library staff employee.Contact Eric Buetens for more information 772-546-6633 or refi fl [email protected].

Criminal Law CommitteeJosh Deckard and Richard Kibbey, Co-Chairs

The Criminal Law Committee will meet November 10, 2011, at 5:30 p.m. at Flagler Grill in downtown Stuart. We strongly encourage all members of the Criminal Section to attend.

Topics for discussion include current legal topics of interest concerning criminal practitioners, the upcoming judicial

reassignments of the 19th Judicial Circuit, and general concerns of the local Criminal Bar. Refreshments will be provided.


31

Appellate CommitteeShelly Stirrat, Chair

The Appellate Committee will meet at the law offi ces of Fox Wackeen in Stuart at noon for lunch. If you plan to join us, please RSVP to me at [email protected] so we have lunch for you.

Mark your calendars:

• October 7, 2011: 4th DCA Appellate Judge Burton Conner. Topic: What he has learned since transitioning from circuit court judge to appellate judge – tips for us practitioners.

• November 8, 2011: 4th DCA Appellate Judge Martha Warner. Topic: Changes at the courthouse related to electronic fi le management, budgetary constraints, and tips for stay motions, oral arguments and brief writing. NOTE: REVISED DATE

Sponsorship Available for the Appellate Seminar & Kickoff Reception for the 50th Anniversary Celebration of the Fourth DCA – Due by October 15, 2011

The Palm Beach County Bar Association Appellate Practice Committee is looking for sponsors for the bi-annual Appellate Practice Seminar and Reception. This event will take place on Thursday, November 3, 2011, beginning with a seminar from 9:30 a.m. to 3:30 p.m. at the West Palm Beach Marriott. Immediately after the seminar, they will move over to the Fourth DCA for a reception that will serve as a kickoff to begin the fund-raising efforts toward the Fourth DCA’s 50th anniversary celebration in 2015.

Each fi rm that underwrites the event will receive recognition in the Palm Beach County Bar Bulletin’s advertisement for the program. Sponsorship exists at two levels: $300 for fi rms with 1-3 attorneys (entitled to one ticket to the seminar and reception) and $500 for fi rms with 4 or more attorneys (will receive two tickets).

If you have any questions, please do not hesitate to contact Manuel Farach at 561-803-3501. Please remit your sponsorship check no later than October 15, 2011, made payable to the Palm Beach County Bar Association, directed to Nancy Reidler, at 1601 Belvedere Road, Suite 302E, West Palm Beach, FL 33406-1554.

Inside the Appellate Court: A Day with the Judges of the Fourth DCA

Thursday, November 3, 20119:30 a.m. - 3:30 p.m.

West Palm Beach Marriott, 1001 Okeechobee Boulevard, WPB 33401 This course has been granted 5.5 CLER/3.0 Appellate Practice Cert. credits from the

Florida BarThe cost of the seminar, lunch and reception is $125 if registered by 10/27/11;

$165 after that dateGovt. attorneys & law clerks $100 if registered by 10/27/11; $125 after that date.


32


33

STUART LAW OFFICE SHARING

OFFICE SHARING SPACE AVAILABLE ACROSS

FROM THE COURTHOUSE IN STUART

INCLUDES PRIVATE OFFICE, SHARED RECEPTION AREA, CONFERENCE ROOMS

AND COPIER. FREE INTERNET. RENT MONTH-TO-MONTH.

EXCELLENT REFERRAL OPPORTUNITIES FROM CURRENT ATTORNEYS.

CONTACT: CHUCK GEARY (772) 288-4357

[email protected]


34


35

Please Join Us For MCBA’s October 21st Luncheon Meeting

When: Friday, October 21, 2011, at 11:45 a.m.Where: Monarch Country Club, 1801 SW Monarch Club Drive in Palm CityMenu:* Beef barley soup, baked chicken parmesan with garlic basil marinara, and chocolate cake. *If you would like a speciality meal, please notify us when you RSVP.Speaker: Fred Cunningham, Florida Justice AssociationCLE’s: 1.0 Hour General CLE Credit

There is no charge for MCBA members. Guests are welcome to attend.A $25 guest fee may be paid at the luncheon. RSVP required for members and guests.

To keep costs down, we are only having meals prepared for the numberof MCBA members and guests who RSVP.

We would love to see you, but need to know you are coming! Please RSVP.

RSVP: NO LATER THAN TUESDAY, OCTOBER 18TH

(772) 220-8018 or via [email protected]

MARTIN COUNTY BAR ASSOCIATIONPO BOX 2197 STUART, FL 34995-2197

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