T H E H I L L S B O R O U G H C O U N T Y B A R A S S O C I A T I O N

T A M P A , F L O R I D A | A P R I L 2 0 1 1

V O L . 2 1 , N O . 5

Lawyer

A P R 2 0 1 1 / H C B A L A W Y E R 1

3 ELECTING LEADERSEditor’s Message by Grace H. Yang

4 THE CONSEQUENCES OF INCIVILITYHCBA President’s Messageby Amy S. Farrior

6 HILLSBOROUGH COUNTY’SOUTSTANDING YOUNG LAWYERSYLD President’s Messageby Laura E. Ward

8 PEREMPTORY CHALLENGEState Attorney’s Messageby Mark A. Ober

10 NO NEW TAXES FOR THE CLERK’S OFFICE! From the Clerk of the CircuitCourt, by Pat Frank

(ISSN 1553-4456) THE HILLSBOROUGH COUNTY BAR ASSOCIATION LAWYER is published monthly, except in July, August, October, January and April, by the Hillsborough County Bar Association. Editorial, advertising, subscription, and circulation offices: 1610 N. Tampa Street, Tampa, FL 33602. Changes of address must reach the LAWYER office six weeks in advance of the next issue date. Give both old and new address. POSTMASTER: Send change of address notices to Hillsborough County Bar Association,1610 N. Tampa Street, Tampa, FL 33602. One copy of each LAWYER is sent free to members of the Hillsborough County Bar Association. Additional subscriptions to members or firm libraries are $25. Annual subscriptions to others, $100. Single copy price, $15.00.(All plus tax.) Write to HCBA, 1610 N. Tampa Street, Tampa, FL 33602. The LAWYER is published as part of the HCBA’s commitment to provide membership with information relating to issues and concerns of the legal community. Opinions and positions expressedin the articles are those of the authors and may not necessarily reflect those of the HCBA. Submissions of feature articles, reviews, and opinion pieces on topics of general interest to the readership of the LAWYER are encouraged and will be considered for publication.

OFFICERS & DIRECTORS

President Amy S. FarriorPresident-Elect Pedro F. Bajo, Jr.

Immediate Past President Kenneth G. TurkelSecretary Robert J. Scanlan Treasurer R. Tom Elligett, Jr.

Ex-Officio Russell M. BlainJ. Carter Andersen

Colette K. BlackJaime R. Girgenti

Benjamin H. Hill IVS. Gordon Hill

Susan E. Johnson-VelezKevin M. McLaughlin

Robert J. NaderKristin A. NorseAlysa J. Ward

ADVERTISINGPR/Communications CoordinatorDawn McConnell, CAEdawn@hillsbar.com, (813) 221-7779

EditorGrace H. YangExecutive DirectorConnie R. PruittLawyer

HILLSBOROUGH COUNTY BAR ASSOCIATION

Chester H. Ferguson Law Center1610 N. Tampa Street, Tampa, FL 33602Telephone (813) 221-7777, FAX (813) 221-7778

divisions features

26 EGYPT: A DEMAND FOR CHANGEby Jeraldine Williams-Shaw

30 2010 OUTSTANDING LAWYERAWARD: LESLIE STEINby Raymond T. (Tom) Elligett, Jr.

34 HCBA YLD HOLIDAYS IN JANUARYby C. Christine Smith

38 LEADERS: MARSHA G. RYDBERGby Raymond T. (Tom) Elligett, Jr.

10

aprilIN THIS ISSUE

about us

26

30

3834

A P R 2 0 1 1 / H C B A L A W Y E R2

14 TRIAL LAWYERS –THE APPELLATE COURT IS YOUR AUDIENCE!Appellate Practice Section by Caroline Johnson Levine

18 AVOIDING VEIL-PIERCINGCLAIMS WHEN USING SINGLE PURPOSE ENTITIESConstruction Law Sectionby Erik P. Raines

20 EEOC EXAMINES USE OF CREDIT CHECKS INEMPLOYMENT SCREENINGCorporate Counsel Section by Alva Cross

24 UPSIDE DOWN AND TAKENEminent Domain Section by Stephen Tabano

Photo by Tom Wagner

The tall, long-legged great blue heron is the most common and largest of North American herons. They are waders, typically seen along coastlines, in marshes or nearthe shores of ponds or streams.

This photo, taken at The Florida Aquarium in downtown Tampa, shows the heron in the Wetlands Gallery, a spacious open gallery with a massive glass dome roof.Dozens of exhibits depict the fresh water ecosystems found throughout Florida and showcase dozens of free-flighted birds.

Please view the website www.flaquarium.org or call 813-273-4000 for more information, and visit The Florida Aquarium at 701 Channelside Drive, Tampa, FL 33602.

committees44 HEALTHCARE REFORM — LOVE IT OR NOT, IT’S HERE!PART ONEHealth Care Law Section by Barbara L. Sanchez-Salazar

46 SCOPE OF COMMERCIALSUCCESS EVIDENCEIntellectual Property Section by Christopher Paradies

48 THE NLRB PROPOSESADDITIONAL BURDENS ON EMPLOYERSLabor & Employment Section by Scott Silverman

52 USE CAUTION WHENREPRESENTINGSERVICEMEMBERS AND THEIR FAMILIESMarital and Family Law Section by Kristin R. H. Kirkner

54 WHEN (WIN) TO MEDIATEMediation and Arbitration Sectionby George E. Nader

55 FIVE SUCCESSFUL THINGS TO DO FOR FREE IN SETTING UP A PRACTICESolo/Small Firm PractitionerSection by Rinky S. Parwani

56 SUMMARY OF THE TAXRELIEF/JOB CREATION ACT OF 2010Tax Law Section by Katie Everlove-Stone

58 KINDER, SIMPLER INSTRUCTIONS FOR PROFESSIONAL NEGLIGENCETrial & Litigation Section by Charles T. Moore

in every issue23 BENEFIT PROVIDERS

47 100 CLUB

49 MAY CALENDAR OF EVENTS

60 JURY TRIAL INFORMATION

62 AROUND THE ASSOCIATION

63 CLASSIFIED ADVERTISING

63 ADVERTISING INDEX

sections

about the cover

aprilIN THIS ISSUE

24

12 EVEN BUSY LAW STUDENTSKNOW THE VALUE OF PRO BONO SERVICE13th Judicial Circuit Pro Bono Committee by Lela Morris Perez

16 COMMUNITY SERVICECOMMITTEE ASSISTING WOMEN IN CRISIS Community Services Committee by Mindi B. Lasley

22 CROSSING BRIDGES IN OUR COMMUNITYDiversity Committee by Linda Breen

50 LAW WEEK 2011: ONE WEEK, THREE EVENTS,COUNTLESS BENEFITSLaw Week Committee by Lauren G. Raines

A P R 2 0 1 1 / H C B A L A W Y E R 3

• Increase knowledge ofservice opportunities in theHCBA and other communityoutreach programs;

• Identify areas whereparticipants would like toprovide volunteer service to their community.

2007-2008 HCBA PresidentCaroline Kapusta Black andExecutive Director Connie Pruittwere the main visionary leadersto start the Leadership Instituteprogram. Since then, the HCBAhas continued its support todevelop more leaders, and it iswonderful to see how variousLeadership Institute alumni now give back to the HCBA asleaders in different ways. Pleasesee pages 42-43 in this issue formore information and to apply if you are interested.

In case you have not heard yet,Executive Director Connie Pruitt,one of our most committed barleaders, will be retiring this July. I have had the pleasure of working with her in manydifferent ways and will miss her.We will have more about Conniein the June issue of the Lawyer.

e d i t o r ’ s m e s s a g e

Grace H . Yang , GrayRob inson , P.A .

Elections are on my mind.Last November’s electionsreturned some familiar faces to political office but also added many new ones. Last month, we held elections to choose a new mayor andseven city council members to lead the city of Tampa. Wejust had Florida Bar elections.

As we look towards May,candidates will be running for Hillsborough County BarAssociation officer and boardpositions. Biographies andstatements for the candidateswill be included in the votingballots coming to members.HCBA elections will begin onMay 1, 2011. Please cast yourvote no later than May 15, 2011and help elect our leaders for the next bar year.

We elect our leaders to servein so many different ways. Theyare the key visionaries. Theyhelp set the direction of thegroup. They motivate and guidepeople to move in the desireddirection. They are role models.

Good leaders listen todifferent viewpoints and try tobuild consensus. They sometimesneed to have the resolve to makethe tough decisions, realizingthat some of their decisions maynot necessarily be popular.

We are fortunate that our barassociation has many leaderswho actively contribute theirtalents and time throughout the

year. This magazine records theaccomplishments by bar leadersand the good people they recruit.Our members are applying theirtalents and commitment in avariety of great ways.

I have a special place in myheart for the HCBA’s LeadershipInstitute. I was a member of itsfirst class and served as itsprogram chair from 2009-2010.The HCBA Leadership Instituteseeks to identify and developyoung attorneys of diversebackgrounds who have thepotential to develop into future leaders. The program is designed to:

• Develop the professional and interpersonal skillsnecessary to succeed in a group dynamic;

• Develop the skills necessaryto succeed in a leadershiprole in professional, service,and extracurricularactivities;

• Expose and discuss issuesfacing legal professionals toinclude time management,public relations, andcommunity involvement;

We are fortunate that our bar

association has many leaders

who actively contribute their talents

and time throughout the year.

ElectingLeaders

A P R 2 0 1 1 / H C B A L A W Y E R4

AAAs I write this column,our nation is still reelingfrom the shock caused by the mass murder inArizona. The shootings inJanuary claimed the livesof six people, including afederal judge and a youngchild, and seriously injured ArizonaCongresswoman Gabrielle Giffords. The warpedmotivations of the shooter are still being investigated.The media, however, immediately speculated onwhether the hostile tenor of political debate in thiscountry played a role in the crime. While we maynever know the answer to that question, a nationaldiscussion of the consequences of public incivilityis a discussion well worth having.

Our profession has long been aware of theproblem of incivility in the practice of law. We call

h c b a p r e s i d e n t ’ s m e s s a g e

Amy S . Farr i o r, Bue l l & E l l i g e t t , P.A .

Continued on page 5

it being “unprofessional.” Anyone who has everbeen unfortunate enough to have case against an “unprofessional” lawyer knows unprofessionalbehavior diminishes the efficiency and fairness of the entire process. The client suffers. The courtsuffers. You suffer.

As a profession, we are way ahead of the curveon this issue. We spend hours trying to address the problem of incivility in our profession. I know

We go to great lengths to instruct our young lawyers

on how to practice law with civility. We warn that

no one wants to be known as “that lawyer.” And yet

the problem continues. Why?

The Consequences

of INCIVILITYRIGHT: ARIZONA CONGRESSWOMAN GABRIELLE GIFFORDS

A P R 2 0 1 1 / H C B A L A W Y E R 5

p r e s i d e n t ’ s

m e s s a g e

Amy S . Farr i o r

Bue l l & E l l i g e t t , P.A .

of no other profession that does this, even though I’m sure the problem is not limitedto lawyers. We have CLE’sdevoted solely to the topic.Indeed, the Inn of Courtmovement is dedicated tocombating incivility and raisingthe level of professionalismamong lawyers. We go to greatlengths to instruct our younglawyers on how to practice law with civility, warning that no one wants to be known as “that lawyer.” Yet,the problem continues. Why?

Unfortunately, incivilityworks, at least on theindividual level. It wears down legal opponents in thecourtroom. It gets politicianselected. We hope that in the long run there are costsassociated with unprofessionalbehavior. We are told judgestake notice of those lawyers,and their bad behavior resultsin a loss of credibility beforethe court. However, unless and until those costs becomegreater than the short-termindividual gains incivility can achieve, there is littlecause for optimism.

What the tragedy in Arizonahas highlighted, regardless of any role played by politicalincivility in that tragedy, is theneed for our leaders to lead byexample. If our leaders behavein an uncivil manner towardseach other or tolerate incivilityfrom others on their behalf, weshould expect nothing betterfrom the followers!

Continued from page 4

AA

A P R 2 0 1 1 / H C B A L A W Y E R6

As young lawyers, we each have a lot on our plate.We necessarily have to begood multi-taskers—we areexpected to do outstandingwork, be involved incommunity organizations, and provide service to the Bar, among other law-relatedactivities, all while jugglingfamily obligations and othernon-law related commitments.We balance these tasks and responsibilities on a dailybasis, and many of us do so quite well. However, there are those amongus who are truly exceptional. Recently, two of ourfinest members received special recognition fortheir outstanding accomplishments.

We wanted to take the opportunity to recognizeAmanda Arnold Sansone and Rachel May Zysk,two of our outstanding young lawyers, for theirrecent honors. Amanda and Rachel are both very

y l d p r e s i d e n t

Ja ime R . G i r gen t i , Go lden & Scaz , PLLC

Continued on page 7

Hillsborough County’sOutstanding Young Lawyers

As Hillsborough

County’s young

lawyers, may we all

challenge ourselves

to be outstanding!

active in the Young Lawyers Division and othervarious community organizations. Many of youprobably already know a lot about the good that theydo. In fact, in recent years, they have each beennamed the HCBA YLD’s Outstanding Young Lawyer.

Amanda Arnold Sansone Rachel May Zysk

HCBA Young Lawyers Division

Luncheon & CLE

A P R 2 0 1 1 / H C B A L A W Y E R 7

y l d p r e s i d e n t

Ja ime R . G i r gen t i , Go lden & Scaz , PLLC

Continued from page 6

Amanda Arnold Sansone is a former president of the HCBA YLD and is a Business Litigation andTrade Regulation associate at Carlton Fields. InFebruary, Amanda was recognized as one of threefinalists for the American Bar Association’sNational Outstanding Young Lawyer Award. Theaward recognizes young lawyers for their professionalexcellence and service to the bar, to the professionand to the community. In addition to working hardto serve the needs of her clients and providingnumerous hours of pro bono service, Amanda isactively involved in the YLD and other communityorganizations. Amanda is also a terrific mother toher three-year-old son Charlie.

Rachel May Zysk is an associate in the WhiteCollar Crime and Government Investigationspractice group at Carlton Fields. Rachel receivedthe 2010 Florida Bar Young Lawyers Division ProBono Award. As the recipient of the Florida Baraward, Rachel was recognized for nearly 900 hoursof pro bono work since she joined Carlton Fields in2007. Rachel works tirelessly to serve the needs ofthe underprivileged in our community. Also, Rachel

makes significant contributions to the YLD and theABA, among other organizations. Rachel balancesall this while being a wonderful mother to her one-year-old daughter Pela.

We recognize that there are many young lawyersin our division who make exceptional contributionsto the Bar and to our community. If you knowsomeone who fits the bill as an outstanding younglawyer, we want to hear about them! Please considernominating them for the HCBA Outstanding YoungLawyer Award. We accept nominations for the HCBA Outstanding Young Lawyer Award in thespring. The award is presented annually at our final YLD membership luncheon. This year, our final membership luncheon is our JudicialAppreciation Luncheon on May 11, 2011.

Congratulations to Amanda and Rachel for their outstanding accomplishments. Their work and achievements shouldinspire us all. As HillsboroughCounty’s young lawyers, may we allchallenge ourselves to be outstanding!

Author: Laura E. Ward, Esq., DLA Piper

The Young Lawyers Division Quarterly Luncheonheld on February 3rd featured Joseph A. Corsmeier,Esq. speaking on the topic of “Ethical Fee Agreementsand Billing and Practice Management Tips to AvoidTraps for the Unwary.” A special thank you to our sponsor The Bank of Tampa.

tt

A P R 2 0 1 1 / H C B A L A W Y E R8

Continued on page 9

There is no place in jury

selection for the elimination

of a juror based solely on race.

PeremptoryChallenge

Black’s Law Dictionary defines a peremptorychallenge as “the right to challenge a juror withoutassigning a reason for the challenge.” For many years,this right was seen as an absolute. This is no longertrue, as evidence surfaced that the peremptorychallenge was often utilized to discriminate againstpotential jurors. The law now requires that the

The purpose of voir dire is to select a jury thatwill fairly and impartially hear the specific casebeing tried. Peremptory challenges are an excellentway to eliminate a juror who is basically fair andimpartial, but, because of past life experiences, a lawyer believes he or she may not be the bestjuror for a specific case. There is no place in juryselection for the elimination of a juror based solelyon race.

The Hillsborough County BarAssociation Presents

Lawyer, Countryman, President: His Life and Times

(A Scholarly & Theatrical Law Day Symposium)

Wednesday, May 25, 2011The Chester H. Ferguson Law Center

5:30 p.m. – Reception6:30 p.m. – Program

—SAVE THE DATE—AN EVENT YOU WILL NOT WANT TO MISS!

s t a t e a t t o r n e y ’ s m e s s a g e

Mark A . Ober, S t a t e At t o rney f o r

the Th i r t e en th Jud i c i a l C i r cu i t

A P R 2 0 1 1 / H C B A L A W Y E R 9

peremptory challenges be race neutral. A party hasa right to object when he believes his opponent isusing the peremptory challenge in a discriminatorymanner. The objecting party must state that thejuror sought to be stricken is a member of aprotected racial group. The burden then shifts tothe party seeking to exercise the strike to provide arace neutral reason for striking the juror in question.As stated in Melbourne v. State, 679 So. 2d 759, 764(Fla. 1996), “throughout this process, the burden ofpersuasion never leaves the opponent of the striketo prove purposeful racial discrimination.”

State v. Slappy, 503 So. 2d 350 (Fla 3rd DCA1987), gives guidance to a trial judge weighing aNeil challenge: “After a presumption arises that aparty has used its peremptory challenge to excludeprospective jurors on the basis of race, the offendingparty must articulate ‘legitimate reasons’ which are‘clear and reasonably specific’ and which are‘related to the particular case to be tried.’ The

s t a t e a t t o r n e y ’ s m e s s a g e

Mark A . Ober, S t a t e At t o rney f o r the Th i r t e en th Jud i c i a l C i r cu i t

Continued from page 8

Free Wireless Internet Access2633 McCormick Drive, Suite 101, Clearwater, Florida 33759

www.dalan-katz.com

Phone: (727) 796-1000 or (800) 538-4173

Facsimile: (727) 797-2200

following will weigh heavily against the legitimacyof any race-neutral explanation: 1) an explanationbased on a group bias where the group trait is notshown to apply to the challenged juror specifically; 2) no examination or only a perfunctory examinationof the challenged juror; 3) disparate examination ofthe challenged juror, i.e., questioning challengedvenireperson so as to evoke a certain responsewithout asking the same question of other panelmembers; 4) the reason given for the challenge isunrelated to the facts of the case; and 5) disparatetreatment where there is no difference betweenresponses given to the same question by challengedand unchallenged venirepersons.”Id. at 355.

Jurors should be chosen who are fair andimpartial and with no weight given to the person’srace, gender, or ethnicity during jury selection. Irecognize that each and every member of societyhas an interest and desire in justice. My office is committed to the fair selection of jurors whowillingly serve in our criminal courts and perform a valuable civic duty.

A P R 2 0 1 1 / H C B A L A W Y E R1 0

I am writing this columnin mid-January, as talkcontinues to persist that the state faces a $3.5 billiondeficit for the next fiscalyear. However, it could beeven higher by the time the Florida Legislatureconvenes in March.

What I do know is that itis unrealistic for the Clerksof Court to ask for additionalfunds with such a direforecast or to recommendany additional hikes incourt fines and fees in sucha lean year. I fear another year where more isexpected of the Clerks, with less people to performour duties.

What I face in the Clerk’s Office is a reduced staff under tremendous stress, with increasingworkloads but less people to share theresponsibilities. We have endured a Reduction inForce, furlough days, no raises for the past threeyears, and now we don’t have the money to pay for overtime for our employees to catch up on theirworkload. Members of management have pitchedin to help on their own time, but that’s really notfair to them, and it cannot continue forever.

Given these conditions, it is unrealistic to expectus to meet our performance standards in the Courts.The reality is that many of our employees areexperiencing their own problems, including havingtheir homes foreclosed, relatives losing their jobs,family members moving in with them.

Money—or lack of it—is the issue. The Clerks ofCourt must pass all their revenue to the Departmentof Revenue for reallocation to us. We previously

received money from theClerk’s Trust fund on amonthly basis, but now theTrust Fund does not haveadequate funds for monthlypayments. Therefore, ourpayments were reduced to every two weeks and are now once a week. We are literally living frompaycheck to paycheck. The Clerks’ Trust Fundcannot continue on thisperilous course.

Also, we face the impact of an eight percent

administrative surcharge for the Department of Revenue, imposed on our office by the state. It does not cost eight percent to collect anddisburse court fines and fees. We know becausewe currently have that duty, and it costs our officeless than one percent. This surcharge costs ouroffice $2.4 million, which we cannot afford to lose,particularly since we will continue to collect anddisperse the revenue.

Once again, I applaud Governor Rick Scott whenhe says he does not believe in taxes. In the spirit of bipartisanship, I agree with him—I don’t believein taxes either! So I am hoping that the FloridaLegislature grants our request to continue ourbudget at its current level and spare the Clerks of Court this eight percent “tax.”

In the meantime, our office will continue to workfor you in a professional manner, with respect andconsideration for the stresses you face. We willcommunicate to you through hillsclerk.com withtimely updates which may affect you. Let’s hopefor the best.

No New Taxes for the Clerk’s Office!

f r o m t h e c l e r k o f t h e c i r c u i t c o u r t

Pa t Frank , C l e rk o f the C i r cu i t C i r cu i t

The Clerks’ Trust Fund cannot

continue on this perilous course.

A P R 2 0 1 1 / H C B A L A W Y E R 1 1

A P R 2 0 1 1 / H C B A L A W Y E R1 2

It had been a crazy week—dozens of cases to read,papers to work on, and research assignments from myclinic supervisors—but I had one more commitmentwhich would make this process of becoming a lawyerfeel worthwhile. I eagerly anticipated my monthly visitto the children I had been assigned to as a HillsboroughCounty Guardian ad Litem. Through this program,

I have theopportunity tohelp childrenwho have no real voicein the legalsystem. Manyof thesechildren aretraumatizedby theirexperiencesand have beenremoved fromtheir homesdue to neglect,

abandonment, or abuse. They need the support of the community and the voice of an advocate to makeit through.

Students at Stetson University College of Law arerequired to complete a minimum number of legal andnon-legal pro bono hours as a condition of graduation.At the urging of the Student Bar Association this pastyear, the faculty voted to raise the minimum number of required hours from 20 to 60 per student. Thiscommitment to teaching students the value of publicservice is a fundamental reason I chose to attendStetson. Stetson strongly believes that serving thecommunity is a core value of our profession. Raisingthe graduation requirement to 60 hours per studentbrought the College of Law back to the forefront ofthis issue nationally.

Stetson’s pro bono coordinator collects andadvertises many pro bono opportunities throughout the local area. Opportunities for service run the gamut from conducting research for Equality Floridaand assisting the Innocence Project of Florida, tohelping the elderly with consumer issues, to assistingThe Salvation Army with collecting food for school-agechildren. I found out about the Guardian ad Litemprogram through Stetson. I also have volunteered at the Family Justice Center of Hillsborough County(FJCHC) and Bay Area Legal Services. The FJCHC is a vital resource for victims and their families and is always looking for volunteers to help with theirmission of improving the lives of family violence victimsthrough community collaboration and the provision ofcomprehensive services in a single location. During the week of Thanksgiving, I got the chance to helpdistribute turkeys and boxes of food to victims ofdomestic violence at the FJCHC.

Our legal system is filled with pitfalls that impedeits navigation and can intimidate even a well-educatedperson who has the resources to hire an attorney.Consequences of legal proceedings can last a lifetime.Pro bono service acknowledges that many people havelittle or no access to legal representation. As expertswho can clear a path through the system, lawyers whodo pro bono work make a big impact—one person, onefamily—at a time.

Time is a precious commodity. Whether you’re busyas a law student or a practicing attorney, the prospectof spending unpaid time completing pro bono work

can seem tiring at best and like a dropin the bucket at worst. However, for the person or family you help, it will be an invaluable gift.

Author: Lela Morris Perez, Stetson University College of LawDecember 2010 Graduate

1 3 t h j u d i c i a l c i r c u i t

Pro Bono Commi t t e e

As experts who can

clear a path through

the system, lawyers

who do pro bono work

make a big impact—

one person, one

family—at a time.

Even Busy Law

Students Know

the Value ofPRO BONO SERVICE

A P R 2 0 1 1 / H C B A L A W Y E R 1 3

A P R 2 0 1 1 / H C B A L A W Y E R1 4

TRIAL LAWYERS–THE APPELLATE COURT IS YOUR AUDIENCE!Appellate Practice Section

Chairs: Duane A. Daiker, Shumaker, Loop & Kendrick, LLP, and Marie A. Borland, Hill Ward Henderson

Oftentimes, atrial attorney mayfocus his or herefforts on simplyeliciting the factsnecessary in order to survive a judgment ofacquittal or adirected verdict.See Evans v. State,26 So.3d 85, (Fla.2nd DCA 2010); see also Beisel v. Lazenby, 444So.2d 953 (Fla.1984). However,beyond the abilityto elicit fantastictestimony ondirect and cross-examination, a

trial attorneyshould ask, “Howwill these factsaffect my case at the appellatecourt level?” Theappellate courtcannot guess at what you orthe witnessesintended to say.Once your verdictor ruling is in,you cannot havea second bite at the factual or legal apple.What you presentat the time of a

To sustain andprotect your verdict,you must assertively

create a record.

Excellent trial attorneysderive a great deal ofpleasure from exercisingtheir special brand

of magic on a judge or jury.Undoubtedly, it takes a specialtype of person to impress anaudience in the courtroom;however, it is critical to considerthat you may ultimately presentyour case to the appellate court.

Continued on page 15

HCBAAppellate Practice Section Meeting

The Appellate PracticeSection hosted “Inside theSecond DCA” on February 1st.James Birkhold, Esq. presentedthe view from the clerk’s officeand Judge Chris W. Altenberndand Judge Patricia J. Kellyoffered the view from the bench.

Standing: Duane A. Daiker, Judge Chris W. Altenbernd,

Maria A. Borland.Seated: Judge Patricia J. Kelly

and James Birkhold

A P R 2 0 1 1 / H C B A L A W Y E R 1 5

TRIAL LAWYERS–THE APPELLATE COURT IS YOUR AUDIENCE!Appellate Practice Section

Continued from page 14 in a position where he or she regretswhat happens to the magnificentverdict many years later.

Excellent trial attorneys are very clever and enjoy trial workimmensely; however, they canmarkedly improve their success by developing a thoroughunderstanding of relevant caselaw. A trial attorney may feel a great sense of relief once theverdict is in. However, if enoughappellate issues are createdwithout proper preservation of the record, then the verdict may be just the beginning of the case.

Author: Caroline JohnsonLevine, Office of the AttorneyGeneral, CivilLitigation Bureau

trial or hearing is all of the materialthat the appellate court has to workwith in order to render a decision.The best method to ensure long-term success in any case is toimmerse oneself in case law that is specific to the type of trial orhearing that you are conducting.Thorough knowledge of relevantcase law can allow a trial attorneyto control more effectively theproceedings as they occur andcontinue to win the case as ittravels through the legal labyrinthof appeals.

Facts, facts, and more facts are imperative during any hearingin order to create a thorough record for the appellate attorneyand appellate court. To sustain and protect your verdict, you must assertively create a record.

Typically, a matter that is notpreserved on the record will not be given consideration by theappellate court unless it isfundamental error. Preservationrequires a specific, timely, andlegally cognizable assertion by the trial attorney. See Harrell v.State, 894 So.2d 935 (Fla. 2005).Further, you must continue torestate your motions throughoutthe trial, lest the appellate courtassumes that you withdrew thatobjection through acquiescence.See Joiner v. State, 618 So.2d 174(Fla. 1993).

Creating a successful legal and factual symbiosis during yourhearing can reduce appellate costsand delays. Any failure to protectyour record can quickly dismantleyour case in the appellate court. Arazzle-dazzle trial attorney shouldnot allow himself or herself to be

A P R 2 0 1 1 / H C B A L A W Y E R1 6

COMMUNITY SERVICE COMMITTEE ASSISTING WOMEN IN CRISIS Community Services Committee

Chairs: Stacy E. Yates, Mandelbaum, Fitzsimmons & Hewitt, P.A., and Mindi B. Lasley, Mindi Lasley, P.A.

in improving theirlives for the benefitof their children.The mission of theAlpha House is toempower pregnantand parentingwomen in crisis torealize their abilityto break the cyclesof poverty andabuse and createpromising lives.Their mission isaccomplished byproviding mothersand pregnant women with safehousing, educationand counseling,parenting and lifeskills training,vocational training and assistance,and spiritual support. By providingsafe housing and facilitating

The HCBA CommunityService Committee shows no signs ofslowing down in 2011.

We participated in events early this year that helped a number of women and children in crisis.

In January, volunteersconducted a legal workshop at the Alpha House of Tampa, a non-profit organization servingpregnant and parenting women in crisis. Volunteers provided legaladvice to women, assisting them

access to work,education,substance abusetreatment,personal growthand counseling,Alpha House helps womenbetter preparethemselves for parenting.

The CommunityService Committeealso organized aclothing drive forDress for Successof Tampa Bay,which assistsdisadvantagedwomen enteringthe workforce.Dress for Success

solves a very common Catch-22:

Alpha House helpswomen better

prepare themselvesfor parenting.

Continued on page 17

SupportLaw Day

A P R 2 0 1 1 / H C B A L A W Y E R 1 7

COMMUNITY SERVICECOMMITTEE ASSISTINGWOMEN IN CRISIS

Continued from page 16

without employment, a suit is unaffordable,yet it’s difficult for a woman to becomeemployed without a suit appropriate for a job interview. Dress for Success providesunemployed women with a suit along withaccessories appropriate for a job interview.Once the Dress for Success client becomesemployed, she may be provided with anadditional suit or enough apparel to mix and match for up to a week’s worth of outfits. Dress for Success clients are by referral only from other non-profitorganizations, such as the Spring or AlphaHouse. Each client works one-on-one with a volunteer personal shopper who not onlyhelps her select personal attire but providesher with support and encouragement for herupcoming interview. Once a woman obtainsemployment, she becomes eligible to join theProfessional Women’s Group which matchesclients with local, volunteer businesswomenin the community who serve as mentors. The Professional Women’s Group meets oncea month and assists Dress for Success clientsin furthering their professional growth.

Both Alpha House and Dress for Successutilize volunteers on a regular basis. Dress forSuccess is always seeking volunteers to serveas personal shoppers, donate women’s suitsand other professional attire and accessories,work as a career center specialist assistingclients with writing resumes and cover letters, serving as Professional Women’s Group Specialist Speakers or Mentors, andassist with a variety of other activities.

As always, our goal is to organizevolunteers and participate in one communityservice project per month; however, we arealways seeking members to volunteer on aregular basis with the committee. We urge youto check your email regularly for committeeannouncements and events. Feel free tocontact us with suggestions for communityservice projects. Stacy Yates can be contactedat sey@manfitzlaw.com, and Mindi Lasleycan be contacted at mlasley@lasleylaw.com.

Author: Mindi B. Lasley, Mindi Lasley, P.A.

A P R 2 0 1 1 / H C B A L A W Y E R1 8

turning to thedoctrine of “piercingthe corporate veil” in an attempt to collectdirectly from SPEowners. This articlebriefly discusses: (i) “piercing thecorporate veil” underFlorida law and (ii) tips for SPE ownerson avoiding “veil-piercing” claims.

“Piercing theCorporate Veil”Under Florida Law

Generally, courtsrecognize SPEs asdistinct entitieswhose liabilitiescannot be imposed on their owners.However, courts mayuse the equitabledoctrine of “piercingthe corporate veil” to disregard anSPE and impose liability directly onits owners. Although Florida courts

AVOIDING VEIL-PIERCING CLAIMS WHEN USING SINGLE PURPOSE ENTITIESConstruction Law Section

Chairs: Timothy D. Woodward, Forizs & Dogali, P.L., and Timothy C. Ford, Hill Ward Henderson

Owner-developerscommonly createsingle-purpose entities(“SPEs”), typically

corporations or limited liabilitycompanies, for developing a singleproject. When used correctly, SPEsoffer several advantages, including:(i) insulation of parent andindividual owners from liability; (ii)tax benefits; and (iii) reduction ofcredit risk associated with high-risk projects. Unfortunately, SPEowners who fail to follow certainprotocols may be unknowinglyexposing themselves to individualliability. Following the economicdownturn, aggrieved parties are

are extremelyreluctant to “piercethe veil,”1 theseclaims arebecoming morecommon inconstruction cases.

A party seekingto “pierce” anSPE’s veil mustestablish thefollowing elements:(i) the SPE wasused as a mereinstrumentality; (ii) the SPE wasformed or used for an improperpurpose; and (iii)resulting injury.2

Determiningwhether an SPE is used as a mereinstrumentality is “intensely fact-specific.”3 Some

factors considered by courts include:

Unfortunately, SPE owners who fail to

follow certainprotocols may

be unknowinglyexposing

themselves toindividual liability.

Continued on page 19

Jeanne T. Tate P.A. won theAmerican Heart AssociationLawyers Cup. Participating lawfirms collectively raised $55,242.

AMERICAN HEART ASSOCIATION

LawyersCupAMERICAN HEART ASSOCIATION

LawyersCup

2010 TAMPA BAY HEART WALK PARTICIPANTS

Jeanne Tate with Joe Monaco, 2010 Tampa Bay Heart Walk Chair

A P R 2 0 1 1 / H C B A L A W Y E R 1 9

AVOIDING VEIL-PIERCING CLAIMS WHEN USING SINGLE PURPOSE ENTITIESConstruction Law Section

Continued from page 18

• Insufficient capitalization;• Disregard of corporate

formalities;• Removal of SPE funds

for personal or unrelatedpurposes;

• SPE engaging in non-arm’slength transactions andinformal loans;

• Payment or guaranty of SPEdebts by the SPE’s owners;

• Use of common address,telephone, facsimile, etc.; and

• Financing of the SPE by theparent or individual.4

Even if a claimant establishesthat an SPE is a “mereinstrumentality,” it must still provethat the SPE was formed or usedto mislead or defraud creditors.5

Tips for SPE Owners onAvoiding Veil-Piercing Claims

To avoid potential “veil piercing”exposure, SPE owners shouldconsider the following simple but often overlooked tips:

• Sufficiently capitalize the SPE for its business purpose(obtain adequate financingand insurance, etc.);

• Follow corporate formalities(keep separate books andrecords, hold meetings,voting, etc.);

• Refrain from: (i) informal loantransactions; (ii) co-minglingSPE and owner funds; and (iii) using SPE funds to pay debts unrelated to SPE activities; and

• Establish separate P.O. Box,telephone, fax, email andchecking/credit accounts for allSPE activities and consistentlysegregate SPE activities fromnon-SPE activities.

Although SPE owners cannotprevent veil-piercing claims,owners who follow these tips will have a stronger fact-specificdefense to any such claims.

1 See Dania Jai-Alai Palace, Inc. v.Sykes, 450 So. 2d 1114, 1121 (Fla. 1984).

2 Id. at 1120-21; Gasparini v.Pordomingo, 972 So. 2d 1053, 1055(Fla. 3d DCA 2008).

3 In re Hillsborough Holdings Corp.,176 B.R. 223, 252 (M.D. Fla. 1994).

4 Hilton Oil Transport v. OilTransport Co., 659 So. 2d 1141, 1151-52 (Fla. 3d DCA 1995).

5 Dania Jai-Alai, 450 So. 2d at 1120;Lipsig v. Ramlawi,760 So. 2d 170, 187(Fla. 3d DCA 2000).

Author: Erik P. Raines, Esq., Hill WardHenderson, P.A.

A P R 2 0 1 1 / H C B A L A W Y E R2 0

EEOC EXAMINES USE OF CREDIT CHECKS IN EMPLOYMENT SCREENINGCorporate Counsel Section

Chairs: Nicole D. Strothman, Ideal Image Development Inc.; Stanley K. Kinnett, Brown & Brown; and A. Courtney Cox, Wellcare Health Plans Inc.

Potential discriminationagainst protected groupsthrough credit checks has caught the Equal

Employment OpportunityCommission’s (“EEOC”) attention.Detractors argue that the use ofcredit histories in the employmentcontext could have a disparateimpact on protected groups,including people of color, womenand people with disabilities.

The EEOC held an informalreview in late October 2010 toscrutinize an employer’s use ofcredit checks in the hiring andpromotion process and heardcomments from various stakeholders,including National Consumer Law Center, National Council ofNegro Women, Society of HumanResources Management and theU.S. Chamber of Commerce.

Generally, employers will onlyconduct a credit check when it isrelevant to the job description, forexample a position with financialresponsibility or a job that requiresaccess to confidential financialinformation. Credit checks can alsobe relevant in positions where the

last pay rate andposition held. It is important to use your bestjudgment whenprovidinginformation to prospectiveemployers of a current orformer employee.

Hawaii andWashingtonalready havemade pre-employmentcredit checksillegal for non-finance jobs.Sixteen otherstates, includingGeorgia, NewYork, Michigan,Pennsylvania and SouthCarolina, are

moving toward banning creditchecks completely.

It is anticipated that the EEOC’s next step with regard tocredit checks will be the issuanceof formal guidelines or a policystatement. Depending on theEEOC’s next move, the impact

on businesses could be minimal or significant.

Author: Alva Cross, Fisher & Phillips LLP

employeewould haveaccess tocompanyfunds orlargeamounts of cash.Accordingly,the use of credit

checks is much morewidespread in thebanking, finance and retail industries.Similar to otherbackgroundscreening processes,such as criminalhistory reports—which the EEOC has previously taken issue with—a credit reportpresents employerswith a snapshot viewof the responsibility, integrity andreliability of potential employees.

During the public commenthearing, a suggestion was made for the employer to pose threequestions to previous employers:

1) Did the employee perform adequately?

2) Did you have any concernsabout the employee’sintegrity or reliability?

3) Would you re-hire this employee?

There are, however, reasons why employers will not provideinformation beyond dates of hire,

A credit reportpresents employers

with snapshot that indicates

the responsibility,integrity andreliability of

potential employees.

SID

EBA

R

Tips to avoid discrimination claims resulting from the use of credit checks in the hiring or promotion process: • Inform job candidates that their credit history will be a consideration in the hiring determination. • Use credit checks at the end of the hiring process, not to screen out applicants up front. • Only use credit checks for positions that involve some form of financial responsibility.

Do not consider a candidate’s credit history unless absolutely necessary.• Should concerns arise, allow candidates to explain their credit history.

A P R 2 0 1 1 / H C B A L A W Y E R 2 1

Tampa American Inns of CourtInformation & Membership Application Deadline:

May 31, 2011

THE AMERICAN INNS OF COURT TAMPA CHAPTERS

INVITE YOU TO APPLY FOR MEMBERSHIP.

The American Inns of Court is a national organization designed to improve the skills,

professionalism and ethics of the bench and bar. Tampa’s civil litigation Inns are The J. Clifford

Cheatwood Inn of Court, The Ferguson-White Inn, and The Tampa Bay Inn. Each Inn limits

membership to approximately 80 members, who are assigned to pupillage groups of eight or nine

members. Pupillage groups include at least one judge as well as attorneys of varying experience

and areas of practice. The Inns usually meet monthly from September through May for dinner

programs, with the pupillage groups each presenting one substantive program. Inn members

usually earn one hour of CLE credit for each program attended.

Each year, the Inns invite new members to join for two or three year terms. Members are selected

based upon their length and area of practice. Discounted memberships are available for full-time

law students who wish to apply. If you are interested, please apply promptly! (Current Inn

members who wish to renew membership in their present Inn need not apply.)

Name:

Firm:

Address:

Email address: 

Years in practice and specialty? 

Prior experience with any Inn of Court?

Have you previously applied?  When?

Have you been referred to an Inn?  By whom?

List any weekday evening you cannot attend meetings:

Do you have a preference for a particular Inn?

Please attach a current resume limited to one page in length.

Forward Application Package to:

Hillsborough County Bar Association, Attn Connie Pruitt, Chester H. Ferguson Law Center

1610 N. Tampa Street, Tampa FL 33602. Fax (813) 221-7778.

A P R 2 0 1 1 / H C B A L A W Y E R2 2

distributed byparticipating refugeeorganizations. TheRefugee SpringSummit and Bike Drive will be held on Saturday, May 21,2011 at the Chester A.Ferguson Law Centerand promises to be funand informative for all.

Please participate by: • Attending the

Refugee SpringSummit and BikeDrive on Saturday,May 21, bringingbicycle or bikeaccessory donations.

• Organizing a bicycleor bike accessorydrive in your firm.

• Making a donation.Checks payable to:HCBA Bicycle Drive.Joe Haskins’ Bicycle

Shop at 2310 N. Florida Avenue (at theColumbus Avenue intersection) has quality new and used bicycles,locks, lights, etc. If you mention the HCBA bicycle drive, Joe willgive you a discount.

For further information or toarrange for collection, please contact: Linda Breen atlbreen@bals.org, Debbie Blews atBlewsD@HillsboroughCounty.org or Cindy Oster at OsterC@HillsboroughCounty.org.

Collectively, we can make theBicycle Drive a hugesuccess. Thank you!

Author: Linda Breen, Bay Area LegalServices, Inc.

are from Cuba. In addition,Ethiopians,Nepalese,Burmese, Iraqis,and others arrive at TampaInternationalAirportthroughout theyear, with fewpossessions. We have variousorganizations in HillsboroughCounty whoassist andprovide servicesto these refugees,including:CatholicCharities, FLCenter forSurvivors ofTorture, CaribeRefugee Program,DCF RefugeeServices, and Lutheran Ministries.

Most refugees used bicycles in their home countries fortransportation and continue to use bicycles here to work, shop,attend English-Language classes,etc. Greg Musselman, OutreachCoordinator for Lutheran Ministries,mentioned an Ethiopian who rideshis bicycle all the way from hisapartment north of Fowler Avenueto his night shift at the downtownHyatt. When asked how the HCBAcould assist the refugee community,Greg suggested an adult bicycledrive. That is our project!

The HCBA Bicycle Drive tobenefit adult refugees will takeplace this spring. We are collectingused and new 3-or 5-speed bicycles,helmets, lights, U-locks and baskets.The bicycles will be shared amongdifferent refugee groups and

CROSSING BRIDGES IN OUR COMMUNITYDiversity Committee

Chairs: Cynthia S. Oster, Hillsborough County Attorney’s Office and Deborah C. Blews, Hillsborough County Attorney’s Office

No one ever aspires to be a refugee. Why would they?Refugees are relocated

from their homeland, their friends,their neighbors and their lovedones because they have beenpersecuted or have had their lives threatened. Their fear is well-founded. They are resettled in other countries because of heir race, religion, political belief,ethnicity or affiliation with a socialgroup. We will not experience their plight. We are United Statescitizens with constitutional rights,including the First Amendment.

The HCBA DiversityCommittee’s community projectthis year is a unique one. It linksrefugees, resettled in our county,with members of the legalcommunity: victims of humanrights violations with defenders of our Constitution. The project will give Hillsborough Countyrefugees help from and exposureto members of our legalcommunity. Imagine if you hadbeen tortured in your country,where the legal system wascorrupt, and you are then resettledin a new country, where you arewelcomed by the legal community.You already love this project, don’t you?

Hillsborough County resettles500 refugees each year from manydifferent countries. The majority

HillsboroughCounty resettles

500 refugees each year frommany different

countries.

A P R 2 0 1 1 / H C B A L A W Y E R 2 3

n AFFINISCAPE A Law Firm Merchant Account through our benefit provider enables your practice to accept credit cards in aprofessional manner and in compliance with trust accounting procedures. Why turn away potential clients simply because they can not pay a retainer inadvance? Go to http://hillsbar.affiniscape.com for more information.

n THE BANK OF TAMPA With assets in excess of $975 million, The Bank of Tampa is the largest independently owned bank in Hillsborough County. More than 450 Hillsborough County law firms rely on The Bank of Tampa for their banking and financial services needs. We understand the distinctive needs of legal professionals and have beenusing our special knowledge and expertise to help attorneys and theirpractices succeed for more than 25 years. The Bank of Tampa has been the designated financial services benefit provider for the HillsboroughCounty Bar Association since 2005. For HCBA members, The Bank of Tampaoffers a free personal checking account with no minimum monthly balancerequirement and no monthly maintenance fee; free standard checks; noforeign ATM fees; no additional surcharge fees incurred at over 1,000 PublixPresto! ATMs; free Visa Check Card with special higher daily spending andwithdrawal limits; Free Personal Online Banking and free CheckFree® Webelectronic bill payment service at www.bankoftampa.com, and other HCBAmember-only benefits. For more information, contact Jeff Armstrongat (813) 998-2733.

n DIGITAL LEGAL Digital Legal uses the latest technology toprovide electronic discovery and litigation support services. Our consultantscan help your firm identify, preserve, collect, process, review, produce andpresent electronic evidence. We also create load files for evidence reviewtools like Summation and Concordance and offer technical assistance withthese applications. Our traditional document services include imaging, OCR,coding, copying, & high speed printing. Bar members are entitled to one free hour of technology and project manage ment consulting - a $150 value.Contact Jud Parker, jparker@digitallegal.net, 813.222.1322.

n FREEDMAN’S OFFICE SUPPLIES On the 10th

(if the 10th falls on a Saturday or Sunday the discount would be honored onthe Friday before) of every month, Freedman’s offers 10% off your entireorder: anything out of its supply catalog (over 30,000 items). Freedman’sprovides a free price analysis specific to your account, a free usage report(every three months). Freedman’s will look at all of your buying habits to see if there is opportunity to save you money and provide each account witha local Sales Representative and a local Customer Service Representative.Each account has a personal driver. Your driver will place your product inthe desired area. Freedman’s also provides home-made cookies baked dailyjust to say thank you for being a Freedman’s Customer. Contact: TraceyBastic, tbastic@freedmansonline.com or 813-882-0032.

n GUARDIAN LIFE INSURANCE COMPANYThe Nation’s Premier Individual Disability Income Policy forAttorneys is now available to HCBA Members… with an exclusive10% permanent discount! Long recognized as the nation’s premierdisability income protection plan for attorneys, The Guardian IndividualDisability plan leads the industry with its “true own occupation” definition of disability, high benefit limits and other forward thinking features that will ensure your peace of mind now and as your practice grows. To learnmore, contact Jeffrey D. Brown, Program Coordinator, at theGuardian’s West Central Florida agency (813) 289-8500.

HILLSBOROUGH COUNTY BAR ASSOCIATION BENEFIT PROVIDERS

Listed below are companies that have agreed to participate as a HCBA Benefit Provider. They offer all HCBA members a special discount or value added service especially for you, an HCBA member.

n JOHN BOYER, INC. offers HCBA members a permanent 15%reduction in asset management fees and will waive the initial financial planningfee for new clients. John Boyer, Inc. is an independently owned fee-basedRegistered Investment Advisor. The firm’ s mission is to simplify its clients’lives by getting their financial house in order. It offers a full range ofpersonalized financial services, from retirement, estate and tax planning toinvestment management, asset protection and wealth preservation. PrincipalJohn Boyer, who established the firm in 1995, is a Certified Financial Plannerwith over 20 years of experience. Contact Terrell Boone, Wealth Advisorat 813-254-9500 or Terrell@johnboyerinc.com.

n LNS TECHNOLOGIES is a leader in IT & NetworkSystems infrastructure services and solutions. Since 1994, LNS hasconsistently provided our legal clients with the latest technology and supporttools allowing their businesses to operate efficiently. LNS Technologies’scalable, IT solutions and services increase productivity, reduce costs, andoptimize asset utilization to derive maximum value from your IT investment.All HCBA members receive a FREE computer and network system healthcheck upon request. Please contact Sales at (813) 221-1315, or email your request or requirement to : info@LNStech.com.Visit our website at: http://www.LNStech.com.

n SALTMARSH,CLEAVELAND & GUNDSaltmarsh, Cleaveland & Gund is now a HCBA Benefit Provider! Saltmarshoffers HCBA members a 10% discount off standard hourly rates on allLitigation Support and Business Valuation Services. Founded in 1944,Saltmarsh is a large regional full-service accounting and consulting firm,which has developed a special niche in providing services to attorneys andlaw firms. www.saltmarshcpa.com *Regulated by the State of Florida.Contact Lee Bell (813) 287-1111.

n THOMPSON STUDIOS We are proud to offer you an excellent photography resource for all law firms and individual photos.Thompson Studios is an all-digital, world-class photography studio. In studio or on location, we will capture all your photographic visions... and we guarantee you’ll have fun doing it. Thompson Studios will come to your office for firm photos and headshots for your convenience. As a HCBA member, we offer you $100 off your location photo session. Keep us in mind for holiday and special occasion photos as well. Please contact Kim at Thompson Studios at 813-994-2000.

n Trial Consulting Services, LLC (TCS)provides wide-ranging services and solutions to support every aspect ofyour case. Our services include exhibit boards, trial graphics, animation,medical illustrations, electronic trial presentation, video depositions, DVT,mock trials, CLE seminars and more. Our expert team is experienced in all practice areas of law. Visit our website at www.trialcs.com for a complete listing of services and testimonials. All HCBA members receivea 10% discount on all trial research including mock trials.

n YTB TRAVEL SERVICES Book your travel where it makes a difference! Visit the Hillsborough County Bar Association travelwebsite at: www.ytbtravel.com/hillsbar • You’ll find the same airlines,hotels, rental cars, cruises and more. • You’ll get deeply discounted travelprices! • Each time you book travel, a portion of the travel commissionswill go to HCBA! It’s that simple! www.ytbtravel.com/hillsbar. Use thiswebsite for all your travel needs as well as sending flowers and giftbaskets and purchasing concert and event tickets.

A P R 2 0 1 1 / H C B A L A W Y E R2 4

beyond fairmarket value forthe part taken.

Severancedamages wereallowed as part offull compensationwhere the owner’sremainingproperty wasworth less than it was before the taking. StateDepartment ofTransportation v.Stubbs, 285 So.2d1 (Fla. 1973). Thismay not be helpfulin the total takescenario, however.

In Dade Countyv. Brigham, 47So.2d 602 (Fla.1950), the courtallowed thepayment of

expert witness fees to an owner in the context of providing fullcompensation. In Jacksonville

There has been muchdebate about valuationmethodology during this economic recession,

especially with a market full ofdistressed and short sales. Butwhat happens when an owner,faced with a total taking, paid$550,000 (100% financed) for his property in 2005, but the 2011market has arms-length sales that neither appraiser can ignore,indicating a value of $400,000?With fair market value as thetypical standard for compensationin eminent domain cases, does thisunwilling seller have recourse forthe $150,000 shortfall?

The easy answer under Florida’sConstitution seems to be “yes.”

Article X, Section6, states that,“No privateproperty shall be taken exceptfor a publicpurpose and withfull compensationtherefor paid to each owner.” Obviously, theowner would not be fullycompensated, left without hisproperty and a$150,000 debt.But what doesfull compensationmean and does it include thisadditionaldamage? Is thisowner stuck withfair market valueas a measure offull compensation? There is no case law directly on point.However, over the years, theCourts have expanded thedefinition of full compensation

UPSIDE DOWN AND TAKENEminent Domain Section

Chairs: Kenneth C. Pope, Hillsborough County Attorney’s Office, and Lewis E. Garlisi, Law Office of Lewis E. Garlisi

Continued on page 25

HCBACriminal

Law Luncheon Michael P. Maddux is the recipient of the Marcelino “Bubba” Huerta IIIAward for Professionalism and Pro Bono Service presented by the CriminalLaw Section on February 1, 2011 at the Chester H. Ferguson Law Center.

With fair market valueas the typical standard

for compensation in eminent domain

cases, does thisunwilling seller

have recourse…

A P R 2 0 1 1 / H C B A L A W Y E R 2 5

UPSIDE DOWN AND TAKENEminent Domain Section

Continued from page 24 If there is any debate about this issue, the owner should set it squarely before the court at theorder of taking hearing, arguingthat any deposit made that doesnot include the amount owed onthe mortgage is not in good faith.If the owner gets the issue beforethe jury for its determination offull compensation, it will alsoallow the condemning authority to present evidence that theowner perhaps made a bad deal in 2005 and that the condemning

authority shouldnot be responsible.

Author: Stephen Tabano,Trenam Kemker

Expressway Authority v. Henry G.Dupree, 108 So.2d 289 (Fla. 1959),the court allowed the payment ofmoving costs to an owner statingthat, “Although the contention that moving costs have no bearingon the fair market value of thepremises may be meritorious inother jurisdictions, it has no meritin Florida, where an owner isconstitutionally guaranteed full or just compensation.” Id. at 292.

Finally, in finding that fullcompensation is not determineduntil the appellate processconcludes, the court in Behm v. Division of Administration,Department of Transportation, 383So.2d 216 (Fla. 1980), held that anowner is entitled to interest on the

award during the course of theappeal or inequity would result.

In System Components Corp. v. Florida Department ofTransportation, 14 So.3d 967 (Fla.2009), the Supreme Court of Floridaappeared to narrow the definitionof full compensation stating that, “the ‘full compensation’ mandatedby Article X, Section 6 of theFlorida Constitution, is restricted to (1) the value of the condemnedland, (2) the value of associatedappurtenances and improvements,and (3) damages to the remainingland (i.e., severance damages).” Id. at 976. While this was in thecontext of a business damageclaim, it could provide anargument against allowing a claimfor the additional monies due onthe mortgage.

Storm Damage | Fire | Water Loss | Mold | Sinkhole

Business Interruption | Life Insurance | Disability Insurance

901 W. Swann Avenue, Tampa, FL 33606 | 813.258.3600

DANAHYANDMURRAY.COM

WE’VE GOT YOU—AND YOUR CLIENTS—COVERED

Over the years, attorneys have turned to Danahy & Murray for guidance with complex insurance

claims, litigation and resulting bad faith cases. As experienced trial lawyers exclusively

representing Florida policyholders, we are ready to assist you and your clients in the pursuit of

justice. We are available for referrals and to serve as co-counsel, bringing our experience as

policyholder advocates to your insurance related cases. When a valued client comes to you with

a specialized insurance matter, consider us your partner.

bb

A P R 2 0 1 1 / H C B A L A W Y E R2 6

feature

EGYPT:A DEMAND for CHANGE

Continued on page 27

Buell &

Elligett, P.A.

Plaintiffs’ Personal Injury and Wrongful Death u Eminent Domain

Civil Appeals u Insurance Coverage u Commercial Litigation

3003 W. Azeele Street, Suite 100, Tampa, FL 33609

(813) 874-2600 Fax (813) 874-1760 www.belawtampa.com

I arrived in Cairo on January 20, 2011eight days before the Egyptian Marathonand Races. I was celebrating my 65thbirthday by participating in the races toraise awareness of and money for childrenwho are born with developmentaldisabilities, such as autism, cerebral palsy,Downs Syndrome, blindness, and deafness,like my only grandchild, Walter Lee Smith, III.I raise money for Infants & Young Childrenof West Central Florida.

For safety, I felt a need to be attached to others; I joined a Nile River Cruise/Tourgroup with whom I traveled for eight of 10 days.

Being from the South, I was thrust into thedynamics of change fromsegregation to desegregationduring the 1960s. Fastforward three decades to South Africa, where I chose to spend five yearscontributing to the changefrom apartheid to democracyin the late 1990s. While I knew that a collapsingdomino political change wasexpected from Tunisia toother North Africa and Arabcountries, I didn’t go to Egypt to join in their protests. But,there I was in the throes of change one more time.

MY ONLY GRANDCHILD,WALTER LEE SMITH, III

A n E y e - W i t n e s s R e p o r t

A P R 2 0 1 1 / H C B A L A W Y E R 2 7

Continued from page 26

densely populated lower class’ squalid, leaning tenementhousing. There were few in the middle.

Sayed, an Egyptian-American, tearfully told me of twouniversity graduates who committed suicide when, urged by their parents to go to work, they couldn’t find jobs. Sayedcomplained that passage from the bottom seems impossible.Thus, the Egyptians’ sense of despair is deep.

Day 1 of the Protest - The crowd surges. Shouts ringout. Nile River rocks fly between protestors and police. Tear gas rises. Powerful water hoses push demonstratorsback. Two police and one protestor die.

Day 2 - Prison escapees join in the protest. They stealweapons from the prison arsenal. People are shot and killed.Police leave. Military and tanks arrive.

Day 3 - My tour group disburses. I am alone. I fly back to Luxor for the marathon. No unrest.

Day 4 - Hundreds of international runners, walkers,wheel chair racers, inline skaters arrive without incident for the races in the Valley of the Kings.

I accept my medal and certificate of participation onpapyrus at the elegant resort headquarters. Going back tomy hotel, there is now unrest in Luxor; my driver detours to avoid demonstrators.

All flights were cancelled. I was hours lateflying from Luxor to Cairo and from Cairo toNew York. Mine was the last commercialflight before officials closed down the airportto departing international flights.

Author: Jeraldine Williams-Shaw, Law Office of Jeraldine Williams-Shaw, P.A.

Passage from the

bottom seems impossible.

Thus, the Egyptians’

sense of despair is deep.

Egyptian travel is an experience incontrasts and competing realism. Thedesert interfaces with the river. First Worlddevelopment lags behind historical digs.The world’s first freestanding building andthe subsequently constructed pyramidsstand in stark contrast to sloppy, leaning,code-free contemporary slum dwellings in congested, ragged conditions.

One-quarter of Egypt’s 80 millionpopulation lives in Cairo. Amro, our tourguide, is self-declared middle class. Heshowed us the Draconian life style of therestricted upper class in gated, zero lot-line$25 million homes, and conditions of the

A P R 2 0 1 1 / H C B A L A W Y E R2 8

OUT IN FRONTWe’re new in town, but our attorneys aren’t.

TAMPARobert W. Boosrobert.boos@arlaw.comKenneth M. Curtinkenneth.curtin@arlaw.comSusan M. FinchAICP, Land Planner (non-lawyer)susan.finch@arlaw.comMarilyn M. HealyPartner in Chargemarilyn.healy@arlaw.comKimberly J. Madisonkimberly.madison@arlaw.comStephanie M. Martinstephanie.martin@arlaw.comDonald A. Mihokovichdon.mihokovich@arlaw.comDeborah H. Oliverdeborah.oliver@arlaw.comEric J. Partloweric.partlow@arlaw.comJames J. Porterjim.porter@arlaw.comMelissa Rizzomelissa.rizzo@arlaw.comChristopher A. Roachchris.roach@arlaw.comLouis M. Ursini IIIlouis.ursini@arlaw.com

SARASOTALaura S. Baumanlaura.bauman@arlaw.comDavid L. Boyettedavid.boyette@arlaw.comJohn M. DartPartner in Chargejohn.dart@arlaw.comThomas H. Darttom.dart@arlaw.comCynthia Lee Falloncynthia.fallon@arlaw.comJason T. Gaskilljason.gaskill@arlaw.comRobert J. Gillbob.gill@arlaw.comNicholas C. Gladdingnick.gladding@arlaw.comRyan W. Owenryan.owen@arlaw.comBarry F. Spiveybarry.spivey@arlaw.com

ST. PETERSBURGDavid S. Bernsteindavid.bernstein@arlaw.comGuy P. Coburnguy.coburn@arlaw.comV. James DicksonPartner in Chargejames.dickson@arlaw.comRichmond C. Flowersrick.flowers@arlaw.comQuinn A. Hendersonquinn.henderson@arlaw.comJ. Martin Knaustmartin.knaust@arlaw.comRichard H. Malchon, Jr.richard.malchon@arlaw.comAndrew J. McBrideandrew.mcbride@arlaw.comT. Joseph McNabbjoseph.mcnabb@arlaw.comJoey E. Schlosbergjoey.schlosberg@arlaw.comLee Ann Tranfordlee.tranford@arlaw.comL. Geoffrey Younggeoffrey.young@arlaw.com

Economic Development

Banking and Finance Transactions Intellectual Property/Technology Labor and Employment

Maritime Health Care Environmental Real Estate and Construction

Strategic Planning Governmental Relations Litigation

Our name might be new, but our Florida attorneys and advisors aren’t. Their experience further broadens

the reach of our diverse practice mix and the services we provide our clients throughout an even broader

geographic region.

Adams and Reese is a multidisciplinary, regional law firm with offices strategically located throughout the South

Central United States and Washington, DC. With the addition of Florida, the firm’s reach now expands from

across the Gulf Coast through the Florida Panhandle, and down the entire west coast of Florida. AmericanLawyer once again named Adams and Reese to its list of the nation’s top 200 firms - “The Am Law 200.” The

National Law Journal also lists the firm on the “NLJ 250” of the nation’s largest law firms.

We are proud to now be part of the Tampa, St. Petersburg and Sarasota communities. We take pride in giving

back to the communities in which we work and live and believe that our success is directly related to the pros-

perity and the quality of life within the communities we serve.

BATON ROUGE | BIRMINGHAM | HOUSTON | JACKSON | MEMPHIS | MOBILE

NASHVILLE | NEW ORLEANS | SARASOTA | ST. PETERSBURG | TAMPA | WASHINGTON, DC

SARASOTA | 1515 Ringling Boulevard, Suite 700 | Sarasota, FL 34236 | 941.316.7600

ST. PETERSBURG | 150 Second Avenue North, Suite 1700 | St. Petersburg, FL 33701 | 727.502.8200

TAMPA | 101 East Kennedy Boulevard, Suite 4000 | Tampa, FL 33602 | 813.402.2880

www.adamsandreese.com

1.800.725.1990

Author: Charles P. Adams, Jr.

A P R 2 0 1 1 / H C B A L A W Y E R 2 9

One Tampa City Center Suite 3200 Tampa, Florida 33602 (813) 221-2626 wsmslaw.com

Williams Schifino Mangione & Steady, P.A. is a corporate law firm serving the Gulf Coast business community in:

Litigation Land Use and Zoning Business Transactions Real Estate and Lending Securities Environmental

When you face a real challenge...

Confidence is everything.

Client-Driven. Results-Focused

ampa City Center Suite 3200 TOne T

illiams Schifino Mangione & SteadyW

Litigation Land U

amppa City Center Suite 3200 TTa

.A. is a corpo, PP.illiams Schifino Mangione & Steady

ransactUse and Zoning Business TTr

ampa, Florida 33602 (813) 221-2626

.A. is a corporate law firm serving the Gulf Coast business community in:

tions Real Estate and Lending

ampa, Florida 33602 (813) 221-2626 .comwsmslaw

.A. is a corporate law firm serving the Gulf Coast business community in:

Securities Environmental

bbLeslie Stein

2010 OutstandingLawyer Award:

A P R 2 0 1 1 / H C B A L A W Y E R3 0

feature

Continued on page 31

Mann Award for Most Outstanding Law Graduate.One begins to see a pattern here!

Leslie began her legal career as associate generalcounsel to the University of South Florida, followedby a long tenure at Verizon CommunicationsCorporation—which began while it was known asGTE. Leslie served as General Counsel and was

Being recognized with the Hillsborough County’sOutstanding Lawyer Award in 2010 was just themost recent in a long line of achievements for LeslieStein. Leslie earned degrees from the University ofMichigan, the University of South Florida (mastersin history), and the University of Tampa (an M.B.A.).While obtaining her law degree from StetsonUniversity College of Law, she served as Editor-in-Chief of the Law Review and received the Walter

A P R 2 0 1 1 / H C B A L A W Y E R 3 1

Continued from page 30

involved in numerous international, labor, and other legal and businessissues over nearly 25 years. Since then, Leslie served as general counselfor Special Data Processing Corporation and special projects counsel forPublix Super Markets, Inc. She currently practices in her own firm,emphasizing mediation and representing vendors and customers innegotiating technology and other agreements.

With this background, Leslie was a natural to help with the complexand time-sensitive issues facing the Thirteenth Judicial Circuit ResidentialMortgage Foreclosure Mediation Program. Leslie devoted hundreds of hours to getting this Hillsborough County Bar Foundation programstarted and has remained involved as the program has been implemented.

Leslie’s giving back to her local bar and community in this manneris typical of her many volunteer activities over the years. She hasserved in leadership roles and as a chair of several local and state barcommittees and civic organizations. Leslie has been president of boththe Hillsborough and Florida Associations for Women Lawyers. She is

a life member of the Stetson University College Boardof Overseers.

Leslie’s willingness to share her time and talents to assist the HCBA, the Foundation and the citizens of Hillsborough County garnered her the 2010Outstanding Lawyer Award.

Author: Raymond T. (Tom) Elligett, Jr., Buell & Elligett, P.A.

3 2 A P R 2 0 1 1 / H C B A L A W Y E R3 2

Serious Injury. Wrongful Death.

Trucking Accidents.Nursing Home Abuse & Neglect.

If you need the resources of a national law firm, with coast-to-coast experience, then consider Wilkes & McHugh, P.A. With lawyers presently licensed in 25 states, we may have the financial and technical resources you need to successfully represent your clients — even those who are thousands of miles away.

Wilkes & McHugh, P.A. has been handling serious injury, medical malpractice, nursing home abuse, wrongful death and trucking accident cases for over 25 years — and we’re still going strong!

We are pleased to offer referral fees as permitted by the Florida Bar as well as appropriate state bars throughout the country.

Cases in other states?

A P R 2 0 1 1 / H C B A L A W Y E R 3 3

800.255.5070www.wilkesmchugh.com

Little Rock, AR | Los Angeles, CA | Memphis, TN | Lexington, KYPhiladelphia, PA | Phoenix, AZ | Pittsburgh, PA | Tampa, FL

With lawyers licensed in 25 states.

Wilkes & McHugh, P.A. has you covered.Lawyers licensed in 25 states.

Coverage of more than 70% of the U.S. population.

Offices in 7 states.

A P R 2 0 1 1 / H C B A L A W Y E R3 4

HCBA YLD

Holidays in January

feature

Jose Gaspar and his band of buccaneers are not the only revelers who descended upon Tampa’s port in January. On January 15, 2011, a merry band of foster children descended upon the Florida Aquarium, along with volunteers from the Young Lawyers Division of the HillsboroughCounty Bar Association, for the annual Holidays in January Party.

The Foster Angels of Hillsborough County partnered with the YoungLawyers Division in December to provide a holiday event for children whocome into foster care. The children enjoyed pizza and gourmet cupcakesdonated by Wright’s Gourmet House along with receiving a toy of theirchoosing donated by the Foster Angels.

Smiles abounded as volunteers painted faces, helped children completecrafts, and applied temporary tattoos. For the finale, the volunteers andchildren embarked upon a scavenger hunt through the Aquarium thatearned them an entry for extra prizes including gift cards and two grandprize packages consisting of an iPod Nano with an iTunes gift card.

The Young Lawyers Division is grateful for the generous support of the Florida Aquarium which provided free entry into the Aquarium, free parking and free use of its Taylor Great Room for the children, the foster families and the volunteers.

Author: C. Christine Smith, Attorney Ad Litem, L. DavidShear Children’s Law Center of Bay Area Legal Services

BEFORE

AFTER

A P R 2 0 1 1 / H C B A L A W Y E R 3 5

HOLIDAY TOYS

YLD VOLUNTEERS

A P R 2 0 1 1 / H C B A L A W Y E R3 6

Lien Resolution

MSA Allocation

MSA Administration

Life Care Planning

Special Needs Trust Administration

Fiduciary Support Services

Public Benefits Compliance

Do you really know us?There’s a reasonable doubt you do.

The Centers provide an extensive range of professional services specifically designed to meet the needs of law firms, including lien resolution, MSA allocation and administration, special needs trust administration and fiduciary support services. The Centers is comprised of The Center for Lien Resolution, The Center for Medicare Set Aside Administration and The Center for Special Needs Trust Administration. From our accounting department to our dedicated call center, we are an organization of professionals with over one-hundred collective years of experience. Call us to learn how we can help you protect your clients’ current and future public benefits while increasing your bottom line.4912 Creekside Drive

Clearwater, Florida 33760

ph (877) 766-5331

www.sntcenter.org

A P R 2 0 1 1 / H C B A L A W Y E R 3 7

bbfeature

A P R 2 0 1 1 / H C B A L A W Y E R3 8

Born and raised here, Marsha Rydberg is a fourthgeneration Tampa native. Like her father before herand her daughters after, Marsha Rydberg graduatedfrom Plant High School. She earned her degree inhistory from Emory University. From Atlanta, shereturned to the Bay Area, graduating first in herclass from Stetson University College of Law in 1976.

Marsha has enjoyed a transactional and litigationpractice in business and real estate, as well as acreditors’ rights/bankruptcy practice. Since 2000, she has practiced with Tom, her husband of 36 years, in The Rydberg Law Firm.

Continued on page 39

Our Bar, our community and the

imprint of our downtown have

all benefitted from Marsha’s

tireless energy and devotion.

Leaders:

Marsha G. Rydberg

A P R 2 0 1 1 / H C B A L A W Y E R 3 9

While at Stetson, Marshareceived several awards,including two leadership awards.Those were proven to be well-founded when she went on toserve in a variety of state, localand national leadership roles,including as the first womanpresident of the HillsboroughCounty Bar Association in 1991-1992.

Marsha is proud of her “firsts,”including: first HillsboroughCounty woman on The FloridaBar Board of Governors, firstwoman to Chair the Tampa Downtown Partnership,first woman member of the University Club ofTampa, first woman President of Tampa’s venerableExchange Club, first woman Chair of the TampaBay History Center, and second woman Chair ofthe Committee of One Hundred of the GreaterTampa Chamber of Commerce (the first was Stella Thayer, another Tampa lawyer).

As HCBA president, Marshastarted the Solo/Small FirmCommittee (now a section), theCommunity Liaison Committee,and what is now the DiversityCommittee. She conceived the idea of the Barrister Ball,implemented the following yearduring Mark Buell’s term, to raise money for charitable legalcauses. This effort later evolvedinto the Foundation’s Law andLiberty Dinner.

Marsha’s work “behind the scenes” also has been well-recognized. She receivedthe HCBA’s James M. “Red”

McEwen award three times for her service to the HCBA—twice during the decade before herpresidency and once after.

After serving as our president, Marsha representedour circuit on the Florida Bar Board of Governorsand worked on and led numerous other Florida Bar

Continued on page 40

Continued from page 38

A P R 2 0 1 1 / H C B A L A W Y E R4 0

Continued from page 39

and American Bar Associationcommittees. Marshahas been a strongsupporter of her lawschool, serving onStetson’s Board ofOverseers, aspresident of theAlumni Association,and teaching as anadjunct professor.Stetson bestowed the Ben C. Willard HumanitarianAward on Marsha in 2000.

When asked about how she spends her “free”time, Marsha replied that she does not havetraditional hobbies, but loves spending time with her two daughters and her incredible two-year-old grandson. She added: “my great joy isresearching and teaching, including both legaleducation and a weekly Bible study class. Myother passion is participating in a wide range of

legal, civic andcommunityactivities. Probably my most excitingnon-lawyer servicewas 6 years on theBoard of Directors of the JacksonvilleBranch of theAtlanta FederalReserve Bank.”

Marsha also isjustifiably proud of her contributionsto the construction

of several Tampa landmarks. As HCBA President,she was involved in locating and naming theFederal Courthouse in Tampa. As DowntownPartnership chair, she played a central role in thecreation of Lykes Gaslight Square. As President ofthe Drug Abuse and Comprehensive CoordinatingOffice, Inc., she helped construct two residentialdrug treatment facilities. As Chair of Stetson’s

Continued on page 41

A P R 2 0 1 1 / H C B A L A W Y E R 4 1

Continued from page 40

Board of Overseers, she worked with Mayor DickGreco to develop the Tampa law campus and to sell the adjacent parcel to the HCBA. Sheconcludes, “Currently, I have had the honor tofollow two great leaders, Tom Touchton andGeorge Howell, as Chair of the Tampa Bay HistoryCenter, which recently opened its new facility.What better hobby could anyone have thancontributing to their home town?”

Marsha practiced in Rob Williams’ former firm,where Rob supported her interest in the HCBA. He encouraged her to run for HCBA presidentbecause he knew she would do an outstandingjob—which he observes she did.

Rob recalls Marsha co-chairing what might have been the first Title VII maternity leave trial n Middle District, before Judge Ben Krentzman,while Marsha was eight months pregnant. He also recalls when Marsha got an adverse summaryjudgment reversed on appeal in state court, thengoing on to try and win the case.

When Bill Schifino, Jr., graduated from lawschool, he was assigned to work with Marsha.

Early in his career, he recalls watching Marshadisarm five senior lawyers from a large New Yorkfirm in a large title insurance case. Bill says shehelped teach him from her outstanding work ethic and approach to analyzing complex legalissues. He credits Marsha with getting himinterested in being active in the HCBA—of which he went on to become president in 2004.

Mark Buell, Marsha’s successor as HCBAPresident, recalls her attention to detail and hercreative and energetic leadership, which includedstarting the ball rolling on the Barrister Ball. Heobserves that it raised tens of thousands of dollarsover the years for the Guardian Ad Litem, Bay Area Legal Services, and other worthwhileprograms—a tradition continued by the Law and Liberty Dinner.

Our Bar, our community and theimprint of our downtown have allbenefitted from Marsha’s tirelessenergy and devotion.

Author: Raymond T. (Tom) Elligett, Jr., Buell & Elligett, P.A.

ASK-A-LAWYER

Volunteersn Michael Fluke

n Mark Aubin

n Rinky Parwani

n Frances Perrone

n David Veenstra

n Rob Peterson

n Dan Borkvic

n Natalia Grisales

n Dale Appell

n Betsey Herd

n A.J. Musial

n Jesus Elzarraras

n Hernando Bernal

n Tom Hyde

n Bill Schwarz

n Larry Samaha

n Harvey Tiechman

n David Thorpe

If you would like to volunteer for these programs,

please contact Pat at 221-7783 or email pat@hillsbar.com

A P R 2 0 1 1 / H C B A L A W Y E R4 2

LOOKING FOR A WAY TO

GET INVOLVED IN THE HCBA?

THE HCBA LEADERSHIP INSTITUTE

IS NOW ACCEPTING APPLICATIONS!

HCBA Leadership Institute seeks to identify and develop young attorneys of diverse backgrounds who have

the potential to develop into future leaders. The Leadership program is designed to:

n Develop the professional and interpersonal skills necessary to succeed in a group dynamic;

n Develop the skills necessary to succeed in a leadership role in professional, service, and extra curricular activities;

n Expose and discuss issues facing legal professionals to include time management, public relations, and community involvement;

n Increase knowledge of service opportunities in the HCBA and other community outreach programs;

n Identify areas where participants would like to provide volunteer service to their community.

The Leadership program consists of seven (7) learning modules

and culminates with the completion of a community service project chosen,

managed, and completed by Leadership participants. The learning modules

are scheduled monthly through April 2012. The Leadership program has been

designed to help participants gain and develop skills, knowledge,

and relationships which will help them emerge as future

HCBA and Tampa community leaders.

NOW IS THE TIME TO GET INVOLVED!

An online version of the Leadership Institute application is available on the HCBA’s website, www.hillsbar.com.

For more information, please contact Grace Yang, 813-273-5043

or grace.yang@gray-robinson.com

A P R 2 0 1 1 / H C B A L A W Y E R 4 3

I. PERSONAL INFORMATION

Name: ______________________________________________________________________________________

Firm/Employer: ________________________________________ Number of Attorneys:__________

Position: ____________________________________________________________________________________

Business Address: __________________________________________________________________________

Telephone: (_____)___________ Fax: (_____)___________ Email: __________________________________

Practice Area(s): ______________________________________________________________________________

Special Interests (hobbies, sports, talents, etc.): __________________________________________

____________________________________________________________________________________________________________

Date of Birth:____/____/____ Gender: q Male q Female

How did you hear about the Leadership Institute? ______________________________________

____________________________________________________________________________________________________________

II. EMPLOYMENT HISTORY

Please provide the following information with respect

to all past employment following graduation from college.

Employer (including Location)

Dates of Position

Employment upon Leaving

III. PARTICIPATION INFORMATION

Describe why you would like to be involved in the Leadership Institute.

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

Describe your past involvement with community and professional organizations.

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

Describe the qualities that you believe are most important for leadership positions

in bar and/or community organizations.__________________________________________________

____________________________________________________________________________________________________________

HCBA LEADERSHIP INSTITUTE

PARTICIPANT APPLICATION

www.hillsbar.com

Completed applications are due on or before June 1, 2011,

and should be sent to Connie Pruitt at the Hillsborough County Bar Association,

Chester Ferguson Law Center, 1610 N. Tampa Street, Tampa, Florida 33602.

A P R 2 0 1 1 / H C B A L A W Y E R4 4

Second, the lawrequires 60 daysadvance notice of amaterial change to aplan. Third, the lawrequires the creation of a temporary federalprogram to reimburseemployers whoprovide certain retireecoverage. Fourth, a tax free $250.00rebate will beavailable to Medicarerecipients who reachthe prescription drug“donut hole.”

A number ofchanges take effect for plan yearsbeginning on or afterSeptember 23, 2010(for a calendar year

plan that was January 1, 2011):• Application of discrimination

rules to insured plans

The initialtransition stepstook effect in 2010;bigger steps comeon line in 2011,and reform’s mostdivisive featuresroll out in 2014and 2018. Utilizingthe theorem that it is “better to beprepared ratherthan ill informed,”a short primer onreform provisionsand effective datesmight be helpful.In this article, we examine thereform changesscheduled for 2010through 2012.

The initialreform steps were taken in 2010with a few immediate changes.First, the new law requirescoverage be extended to adultchildren until they reach age 26.

HEALTHCARE REFORM — LOVE IT OR NOT, IT’S HERE! PART ONEHealth Care Law Section

Chairs: Jessica Sara Cohen, Physicians Independent Management Services, Inc., and Yvette F. Rhodes, Fowler White Boggs, P.A.

At almost one year old,the new health carereform law has beenquite the polarizing

topic of conversation. No matteryour viewpoint, the reality is that it is now the law of the land.

Health care reform will nothappen quickly. In fact, the reformis actually a multi-year transition.These reforms change the deliverysystem from one focused onemployer provided benefits to asystem of individual responsibility and consumer driven controls onbenefits and costs. It is a processthis nation has only just begun.

No matter your viewpoint,

the reality is that it is now the law

of the land.

PROCTORS FOR THE FEBRUARY 2011 BAR EXAMINATION

The Florida Board of Bar Examiners wishes to acknowledge with appreciation the following volunteers for theirassistance in proctoring the Bar Examination held February 22-23, 2011, at the Tampa Convention Center:

v Adam Knightv Amy Ferrerav Charles Sansonev Clifford Somersv Dee Anna Drennanv Edward Ahrensv Jason Whittemorev Jessica Dareneauv Jillian Estesv Joe Calmanov Katherine Stone

v Katherine Colev Ken J. Chinv Laura Davisv Lindsey Marriottv Lisa Smithv Lonnie Drayerv Mark Penav Marva Taylorv Megan Davisv Melissa Knightv Michael Faehner

v Michael Fortev Mike LaBarberav Nancy Jacobsv Nell Spectorv P. D. Goldsteinv Pam Chichonv Pamela Jeevesv Robert Eschenfelderv Russell Sibleyv Steven Williamsonv Traci Koster

The success of the examination was due in no small part to their able assistance.

Continued on page 45

HCBA Health Care Luncheon

A P R 2 0 1 1 / H C B A L A W Y E R 4 5

HEALTHCARE REFORM — LOVE IT OR NOT, IT’S HERE! PART ONEHealth Care Law Section

Continued from page 44

• No pre-existing exclusions for children under age 19

• The medical expense definitionis altered as it relates to FSAs,HSAs, and Archer MSAs—prescriptions are required forover the counter medications

• Prohibition on the right torescind coverage already in existence

• Remove lifetime limits on “core benefits”

• Begin the phase in of the banon the use of overly restrictiveannual limits—no lower than$750,000 for 2011

• Nonqualified Health SavingsAccount (HSA) distributionpenalty increases from 10% to 20%

• Nonqualified Medical SavingsAccount (MSA) distributionpenalty increases from 15% to 20%

• New simple cafeteria plan for small employers (avoidsdiscrimination testing, benefitsoffered to all employees)

• Cost sharing on preventativeservices no longer permitted

• Enhanced internal andexternal appeal procedures

• Employers can voluntarilyreport or disclose theaggregate cost of eachemployee’s health carebenefits on W-2 form. (Thisbecomes mandatory in 2012.)

In 2012, pursuant to a revenueprovision, the pharmaceuticalmanufacturing sector is required to pay annual fees which will be

used to help pay for increasedcoverage. In 2012, we also have two important provisions to reduce waste and fraud: (1) hospitals with high rates ofpreventable readmissions ratesface reduced Medicare paymentsand (2) plans must provide auniform summary of coverage and benefits for consumers.

In the next issue of the Lawyer,we will examine the health reform changes scheduled to beimplemented in 2013 and after.

Author: Barbara L. Sanchez-Salazar, FowlerWhite Boggs P.A.

The 2011 Healthcare Regulatory Update was presented by Gary Walker and Cynthia Mikos, both of Allen Dell P.A.,on February 2, 2011 at the Chester H. Ferguson Law Center.

A special thank you to our sponsor The Bank of Tampa.

A P R 2 0 1 1 / H C B A L A W Y E R4 6

The appellatepanel held that theBoard’s requirementwere “...notconsistent with ourprecedent,” statingthat it “...seemsunlikely that acompany would sell a productcontainingmultiple, redundantembodiments of a patentedinvention....” “[W]ehave consistentlyheld that a patentapplicant ‘need not sell everyconceivableembodiment of the claims in orderto rely upon

evidence of commercial success,’”citing In re DBC, 545 F.3d 1373,1384 (Fed. Cir. 2008) (quotingApplied Materials, Inc. v. Adv.Semiconductor Materials Am., Inc., 98 F.3d 1563, 1570 (Fed. Cir.1996) (stating that evidence ofcommercial success “...should beconsidered ‘so long as what wassold was within the scope of theclaims’”). The decision in In reGlatt repudiates the Board’s logic and holds that objectivecommercial success evidence for any product within the scope of the claims must be weighed in determining prima facieobviousness or overcoming a prima facie case for obviousness.

Author: ChristopherParadies, Ph.D.,Esq., Fowler WhiteBoggs P.A.

‘understanding thefull range of theinvention is notalways achieved at the time of filing the patentapplication.’” KnollPharms. Co., Inc. v.Teva Pharms. USA,Inc., 367 F.3d 1381,1385 (Fed. Cir.2004). Evidence ofcommercial successis nearly alwaysobtained, at least in part, after anapplication for a patent is filed.

The Board argueda lack of evidence ofcommercial success“commensurate inscope” with theclaims. See In re Tiffin, 448 F.2d791, 171 USPQ 294 (CCPA 1971).However, in this case there did not appear to be any dispute overwhether the evidence of commercialsuccess was attributable to theclaimed features encompassed bythe scope of the claims. Instead, ageneric claim encompassed both thefeatures of the product achievingcommercial success and anothermeans for shielding, an air wallshield. According to the Board, “noevidence demonstrates any ... com-mercial success based on the actualdifference between the claimedinvention, as broadly recited...” andthe air wall shielding means. SeeEx parte Glatt Air Technologies,Inc., No. 2009-012215 (B.P.A.I. Sept.29, 2009). The Board argued thatthe patentee must include evidenceof secondary considerationsaddressing “an air wall shieldingmeans” for the submitted evidenceto be commensurate with thescope of a claim.

SCOPE OF COMMERCIAL SUCCESS EVIDENCEIntellectual Property Section

Chairs: Richard G. Salazar, Fowler White Boggs P.A., and James Matulis, Conwell & Kirkpatrick, P.A.

Can a patentee introduceevidence of commercialsuccess for oneembodiment to support

the patentability of a broaderinvention? This question isanswered by the Court of Appealsfor the Federal Circuit in In re Glatt Air Techniques, Inc., CaseNo. 2010-1141 (Fed. Cir. 2011).

The decision in In re Glatt is notmerely dicta. Because the appellatepanel also held that the Boardfailed to establish prima facieobviousness, it might be thoughtthat no consideration of thepatentee’s evidence of secondaryconsiderations is necessary.However, the determination ofwhether there exists any primafacie case for obviousness musttake into consideration anyobjective evidence of secondaryconsiderations timely presented by the patentee. See Graham v.John Deere, 383 U.S. 1, 17 (1996).Therefore, the appellate panel’sdecision is not dicta and is binding precedent.

Also, secondary considerationsmay include subject matter notknown or disclosed at the timethat the application was filed. In reChu, 66 F.3d 292, 289-99 (Fed. Cir.1995); and see also, In re Saunders,444 F.2d 599, 607 (CCPA 1971).Even “evidence developed afterthe patent grant ... should not beexcluded from consideration since

Evidence of commercial

success should beconsidered so longas what was sold

was within thescope of the claims.

A P R 2 0 1 1 / H C B A L A W Y E R 4 7

Hillsborough County Bar Association 100 ClubLaw firms with 100% membership in the HCBA

12th Judicial Circuit13th Judicial Circuit Court13th Judicial Circuit Court Plant City2nd District Court of Appeal LakelandAddison & Howard, P.A.Allen Dell, P.A. Alley Clark GreiweAlmerico & MooneyAlvarez GarciaAnsa Assuncao, LLPAnthony & Partners, LLCAnthony J. LaSpada P.A.Austin, Ley, Roe & Patsko, P.A.Baccarella & Baccarella, P.A.BajoCuvaBanker Lopez Gassler, P.A.Barker, Rodems & Cook, P.A.Barnett, Bolt, Kirkwood, Long and McBride, P.A.Bavol Judge, P.A.Bay Area Legal Services Plant CityBay Area Legal Services WimaumaBeltz and RuthBivins & Hemenway, P.A.Boire & DePippo, P.L.Bradford & BradfordBrannock & Humphries, P.A.Brennan, Holden & Kavouklis, P.A.Attorneys at Law

Broad and CasselBuell & Elligett, P.A.Bush RossButler Pappas Weihmuller Katz Craig, LLPCaglianone, Miller & Anthony, P.A.Carey, O’Malley, Whitaker & Mueller, P.A.Carlton Fields, P.A. Carman & Corn, P.A.Caveda Law Firm, P.A.Cedola and Vincent P.L.Cheeseman & Phillips, P.A.Christopher N. Ligori, P.A.City of TampaClark & Martino, P.A. Clerk of the Circuit Court’s OfficeCordell & Cordell, P.C.County Attorney’s OfficeCristal Law GroupCruser Mitchell Nicholas & Bell, LLPDanahy & Murray, P.A. Davidson McWhirter, P.A.de la Parte & Gilbert, P.A. Dennen, Ragano, PPLCDennis LeVine & Associates, P.A.District Court of AppealDonica Law Firm, P.A.Dorman & Gutman, P.L.Escobar, Ramirez and AssociatesFernandez & Hernandez, LLC

Fiol & Gomez, P.A.Fisher and FrommerFisher Law GroupFlorida Default Law Group, P.L.Fuentes & Kreischer, P.A.Fuller Holsonback & Malloy, P.A. Gallagher Keenan, P.A.Gardner Brewer Martinez Monfort, P.A.Gatlin & Birch, P.A. Gaylord Merlin Ludovici Diaz & BainGenders u Alvarez, P.A.George & Titus, P.A.Gibbons, Tucker, Miller, Whatley, & Stein, P.A.Givens Law GroupGlenn Rasmussen Fogarty & Hooker, P.A.Guemmer & RittGunn Law GroupHancock & Hancock, P.A.Harmon, Woods, Parker, Hendricks &Abrunzo, P.A.Harris and Hunt, P.A.Hillsborough County Sheriff’s OfficeHill Ward HendersonHimes & Hearn, P.A.Hines Norman Hines, P.L. Holcomb & Mayts, P.L.Hunter Law GroupJames, Hoyer, Newcomer & Smiljanich, P.A.Jayne M. Lambert P.A.Jayson, Farthing, Skafidas & Wright, P.A.Jeanne T. Tate, P.A.Johnson, Pope, Bokor, Ruppel & Burns, LLPJorgensen & Ozyjowski, P.A.Joryn Jenkins & AssociatesJung & Sisco, P.A.Kadyk Delesie & Espat P.A. Cap TrustKeith P. Ligori, P.A.Keys & Coakley, P.L.Knopik Deskins Law GroupKunkel, Miller & Hament, P.A.Kynes, Markman & Felman, P.A. Lauro Law FirmLaw Office of Donald P. Decort, P.A.Law Office of Kevin M. GilhoolLaw Office of Patricia Gomez, P.A.Law Office of Robert M. GellerLaw Offices of Butler & Boyd, P.A.Law Offices of Darrin T. Mish, P.A.Law Offices of Emma Hemness, P.A.Law Offices of Jacob I. ReiberLeon & Berg, P.A.Levine, Hirsch, Segall, Mackenzie &

Friedsam, P.A.Lopez, Kelly & Bible, P.A. Luks, Santaniello, Perez, Petrillo & GoldLynette Silon-Laguna, P.A.Mac A. Greco, Jr., P.A.

Manson Law Group, P.A.Mark Bentley, P.A.Marlowe McNabb, P.A.Martinez, Odom Law GroupMary Beth Corn, P.A.McCumber, Daniels, Buntz, Hartig & Puig, P.A.Michael P. Maddux, P.A.Mike Murburg, P.A.Morgenstern & Herd, P.A.Older, Lundy & Weisman, Attorneys at LawPhillip A. Baumann, P.A.Pitisci, Dowell, Markowitz & MurphyReliaQuest Legal ServicesResnick & Serrano, P.A.Richard W. Driscoll, P.A.Rieth & Ritchie, P.A.Saady & Saxe, P.A.Scarritt Law Group, P.A.Schiff Law GroupSchropp Law FirmSessions Fishman Nathan & Israel, LLPShook, Hardy & Bacon, LLPSisco LawSparkman & Sparkman, P.A.Spector Gadon & RosenStetson University College of LawStraley & RobinSykes Enterprises, Inc.Terrana Perez & Salgado, P.A.The Bowes Law GroupThe Criminal Defense Group, P.A.The Davis Law Group, P.A.The Diecidue Law Firm, P.A.The Fernandez FirmThe Foster Law Group, P.A.The Plante Law Group, PLCThe Thorpe Law Firm, P.A.The Yerrid Law FirmThomas & LoCiceroThompson & BrooksThompson, Sizemore, Gonzalez & Hearing, P.A. Thorn Whittington, LLPThorn | Lawrence, P.L.Timothy G. Anderson, P.ATison Law GroupTrentalange & Kelley, P.A.Trombley & Hanes, P.A.U.S. District CourtUnited States Bankruptcy CourtWagner, Vaughan & McLaughlinWalters Levine Klingensmith & Thomison, P.A.Walton Lantaff Schroeder & Carson LLPWeekley | Schulte | Valdes, L.L.C.Wenzel, Fenton, Cabassa, P.A. Whitney Bardi Mediation Group, Inc.Wilson Law Group, P.A.Williams Schifino Mangione & Steady P.A.

FOR YOUR FIRM TO BE LISTED HERE, CONTACT DAWN McCONNELL, DAWN@HILLSBAR.COM

A P R 2 0 1 1 / H C B A L A W Y E R4 8

THE NLRB PROPOSES ADDITIONAL BURDENS ON EMPLOYERSLabor & Employment Section

Chairs: Tammie L. Rattray, Ford & Harrison LLP, and Steven M. Bernstein, Fisher & Phillips, LLP

On December 21, 2010,the National LaborRelations Board (NLRB) proposed a

rule requiring employers to post a notice of employee rights underthe National Labor Relations Act.Acting NLRB General Counsel LafeSolomon announced an initiative to seek aggressive remedies inresponse to charges of employermisconduct during an organizingcampaign. These moves show thatthe NLRB is posed to make unionorganizing easier going forward.

The proposed posting rule wouldrequire such notices to be placedin conspicuous places and byelectronic means if the employercustomarily uses such methods tocommunicate with employees. The notice would advise employeesthat they have the right to organizeand bargain collectively with theiremployers and to engage in otherprotected concerted activity.

In addition, the notice statesthat it is illegal to: (1) prohibitemployees from soliciting for aunion during non-work time andfrom distributing union literatureduring non-work time in non-workareas; (2) question employees aboutunion support; (3) take adverseaction against employees based on union or concerted activity; (4)threaten to close the workplace ifworkers choose a union; (5) promiseor grant benefits based on union

promises or grantsof benefits andsurveillance. Insuch situations, he stated thatremedies should becrafted to recreatean atmosphere inwhich employeesmay fully utilizetheir right to freechoice. He thenauthorized specialrelief providing for the reading of a remedial noticeto employees,allowing unionaccess to employeebulletin boards andfurnishing employeeaddresses to theunion, all of whichwould enhance a union’s ability to organize.

Thesedevelopments likely will create a more conduciveenvironment forunions to accessand organizeworkforces. It is

clear that the defeat of legislativeinitiatives such as the EmployeeFree Choice Act has given rise to the pursuit of a labor agendathrough regulatory change at theNLRB. Labor and employmentpractitioners should monitor these developments and stay up

to date on the ever-changinglandscape.

Author: Scott Silverman,Akerman Senterfitt LLP

support; (6)prohibit unionhats, buttons, t-shirts and pinsexcept in specialcircumstances;and (7) spy on or videotapepeaceful unionactivities andgatherings.Finally, thenotice tellsemployees thatif they select a union, theemployer mustbargain in goodfaith to reach anagreement, thatemployees havesix months tocontact theNLRB afterunlawfulactivity, andthat employeesmay obtain lost wages and benefits for unfair labor practices.

The proposedrule states afailure to post is an unfair laborpractice, that the NLRB may orderthe employer to toll the statute oflimitations for unfair labor practicecharges, and that it can considerknowing failure as evidence ofunlawful motive in unfair laborpractice proceedings. Arguably,these penalties go beyond anyharm caused by an employer’sfailure to post a notice.

Later that same day, Mr.Solomon suggested that dischargesin response to union organizingare often accompanied by threats,solicitations of grievances,

It is clear that the defeat of

legislative initiativessuch as the EmployeeFree Choice Act hascaused the ObamaAdministration to

seek a labor agendathrough change

at the Board.

A P R 2 0 1 1 / H C B A L A W Y E R 4 9

A P R 2 0 1 1 / H C B A L A W Y E R5 0

LAW WEEK 2011: ONE WEEK, THREE EVENTS, COUNTLESS BENEFITSLaw Week Committee

Chairs: Kelly A. Zarzycki, Shumaker, Loop & Kendrick, LLP, and Brad F. Barrios, Bajo Cuva Cohen & Turkel

Law Week 2011 affords us with the opportunity to educate children in our community

about democracy and the legalprofession. The annual event aimsto improve public access to ourprofession by reaching out to areachildren and providing them with a glimpse of what lawyers do on a daily basis.

Law Week is divided up intothree main events: classroomspeeches, courthouse tours andmock trials. Each event involvesworking with Hillsborough Countyschools and teachers. Mostimportantly, each Law Week eventallows a lawyer to reach out to achild and share some knowledgeand experience.

The first event is the classroomspeeches. These take place at areamiddle schools and high schools.The purpose of the speeches is to educate children about a legaltopic and speak about personalexperiences as a lawyer. The themeof Law Week 2011 is “The Legacyof John Adams, From Boston toGuantanamo.” John Adams’ role in the 1770 Boston Massacre trialshas come to be seen as a lawyerlyexemplar of adherence to the ruleof law and defense of the rights of

team up in groupsof three, and eachteam goes to anarea elementaryschool to assist inputting on a mocktrial at the school.This year, the caseof “United Statesv. Paul Bunyan”will be presented.Following thetrial, a questionand answersession isconducted so thestudents can askquestions aboutthe trial. Thisprovides us withthe opportunity to interact withthe students andteach them someof the basics of

trial practice. This year, the three main Law

Week events will take place fromMay 2nd to May 6th. To volunteeror find out more information, pleasecontact Kelly Zarzycki at kzarzycki@slk-law.com or Brad Barrios atbrad.barrios@akerman.com. Youmay help a future lawyer find his or her calling or learn somethingabout your own trial skills. You’lldefinitely impact the lives ofchildren and enjoy a rewarding

experience.

Author: Lauren G. Raines,Quarles & Brady LLP

the accused.Therefore, thespeeches will focuson everyAmerican’sfundamentalconstitutionalrights, even when advocatesmay representunpopular clients.The classroomspeaking aspect ofLaw Week providesan opportunity for volunteers to improve theirpublic speakingskills, whilestudents learnvaluable lessonsabout theimportance of theUnited StatesConstitution.

The second event is thecourthouse tours. Tours are a greatway to show students what reallyhappens inside the courthousedoors. Most kids only know aboutthe fictional lawyers they see ontelevision or in the movies. Thecourthouse tours provide thechildren with an accurate depictionof how our judicial system works.Every year, judges open up theircourtrooms, allow the children toobserve proceedings, and speak to them afterwards about theexperience. In the past, childrenhave observed everything from anarraignment to a jury selection. Thestudents are always eager to learnand truly appreciate the experience.

The third event is the mocktrials. The Law Week volunteers

REGISTER NOW FOR THE MAY “LAW DAY” MEMBERSHIP LUNCHEONMAY 18, 2011 • 12:00 NOON

Each Law Week event allows a

lawyer to reach outto a child and share

some knowledgeand experience.

A P R 2 0 1 1 / H C B A L A W Y E R 5 1

A P R 2 0 1 1 / H C B A L A W Y E R5 2

and when itchanges can be a huge advantagein yourrepresentation.

With regard to equitabledistribution, theUSFSPA providesthat the court maytreat disposableretired pay asmarital property.Accordingly,Florida courts can,and do, divide themarital portion ofthe military pensionregardless of thelength of marriage.There is no tenyear minimum fordivision, however,in order to receivedirect payment.

Ten years of service needs tooverlap with ten years of themarriage. The pension can bedivided in the Final Judgment. If done correctly, no separate order is needed.

In representing theservicemember or spouse, it isimperative to know what lawsapply and how to leverage thoselaws strategically. If you are not experienced in this area, at a minimum, consult with anattorney who practices in the area

of family law forservicemembers.

Author: Kristin R. H.Kirkner, Esquire,DeCort & Kirkner, P.L.

servicemember willbe available, alongwith a letter or othercommunication fromthe servicemember’scommanding officerstating that theservicemember’scurrent military dutyprevents appearanceand that militaryleave is notauthorized for theservicemember at the time of the letterThe SCRA is notintended to protect a servicemember whostarts an action whiledeployed or to serveas a delay tactic.Furthermore, thecurrent military dutymust materially affectthe member’s abilityto participate, which means thatnot all military service will warranta stay.

Looking to alimony and childsupport, servicemembers receiveseveral types of income not all ofwhich is taxable. This materiallyaffects child support and alimony.Part of the income is a housingallowance, which varies dependingon the servicemember’s station,rank, and dependents. Retiredservicemembers may receivemultiple forms of pay, includingretired pay, disability pay orconcurrent retirement and disabilitypay. The interplay between theseforms of pay and the taxability ofeach form can greatly affect theability to pay alimony and childsupport. Knowing what type ofincome is available, how it is taxed

MacDill Air Force Baseis home to two of the largest militarycommands in the

United States, which means thatchances are good that at somepoint you will be retained torepresent a servicemember, spouse or former spouse of aservicemember. These family law cases need special treatmentbecause, in addition to Floridalaws, they are governed by theServicemembers Civil Relief Act(SCRA) and the UniformedServices Former Spouse’sProtection Act (USFSPA).

The first consideration whenrepresenting a servicemember iswhether a stay is appropriate.There is no automatic stay thatapplies to servicemembers in civilcases, but, a stay is generallygranted upon proper application.The SCRA provides that a court mayon its own motion and shall, uponapplication by the servicemember,stay the action for a period of not less than 90 days. Theapplication must include a letter or other communication from theservicemember stating the mannerin which current military dutyrequirements materially affect the servicemember’s ability toappear and a date when the

USE CAUTION WHEN REPRESENTING SERVICEMEMBERS AND THEIR FAMILIESMarital and Family Law Section

Chair: Joseph D. Hunt, Harris and Hunt, P.A.

At a minimum,consult with anattorney whopractices in the area of

family law forservicemembers.

JOIN US FOR THE FAMILY LAW QUARTERLY LUNCHEON AND CLE ON MAY 26TH.

Call for availability 813.221.7777

Chester H. Ferguson Law Center is the perfect place for your mediation, business meeting, wedding and reception, or holiday party. The

17, 000 sq. ft. building is extremely versatile and available for rental.

A P R 2 0 1 1 / H C B A L A W Y E R 5 3

5 4 A P R 2 0 1 1 / H C B A L A W Y E R5 4

settle early andfavorably. If theopposing party seeshow good your caseis, they will settle.Now you make thesame settlement (or maybe worse)but you haveincurred all thecosts and fees sothe client is worseoff, paying orreceiving the sameor similar amount it could have paid or received twoyears earlier. Whatis the point? Showyour cards. Next case please.

Middle:Get some basicdiscovery. Deposethe plaintiff, thedefendant andsome of the critical

witnesses. Evaluate the case. Get opposing counsel to agree tomediate and get it done. When I say middle, I don’t mean thatevery witness, every expert has to be deposed, every damagecalculation has to be made to thepenny. That’s too late. If you must,do a focus group early, and thatmay give you some good insight to the strengths and weaknesses of the case.

Conclusion: plot your course to mediation at the outset of thecase. It should be part of yourinitial intake discussion with theclient and discern if the clientreally has the stomach for trial or wants the case to go away.

Author: George E. Nader, Esq.,Trenam, Kemker, Scharf, Barkin,Frye, O’Neill & Mullis, P.A.

your client that he or she is a cadmay be difficult. I had two nearlyidentical casesyears ago in whichall the witnessesand documentswere in the handsof the defense. I didn’t have much evidenceand considereddropping the case.I tried to discussan embarrassinglycheap settlementearly to a chorus of boos from the defense. Fast forward two requests toproduce, threecourt ordersgranting motionsto compel and two or threedepositions later and, presto, a settlement just shy of sevenfigures. I could never fathom why they didn’t stroke a checkearly and leave me and my clientswondering forever what we mighthave left on the table.

Late: Sometimes, neither sideknows enough about either theircase or the other’s. The danger of waiting to mediate late is all thecosts of depositions, subpoenas,fees, experts, et al. have beenincurred and mediation eitherincreases the price of doingbusiness or makes alternativedispute resolution no alternative.Here’s another issue. Some lawyersprescribe to the strategy of hidingall their favorable evidence eitheruntil trial or when the court makesthem fork it over, depriving theirown client of the opportunity to

WHEN (WIN) TO MEDIATEMediation and Arbitration Section

Chairs: Louise B. Fields, Louise B. Fields, LLC; and George E. Nader, Trenam Kemker Scharf Barkin Frye O’Neill & Mullis, P.A.

Each time a new casecomes in, I ponder thequestion of when tomediate. Early? Middle?

Late? The idea that mediation isonly appropriate toward the end of the case is antiquated. The ideathat every case should be mediatedpre-suit is unrealistic. So, whenshould I mediate? Only yourhairdresser knows for sure, but no mediator or lawyer can give you a one size fits all answer.

Early: Yes, if liability isunquestionable, damages can bereasonably calculated, there maybe limited insurance coverage orability to collect issues. Anotherscenario that militates towardearly settlement is when you mayhave evidence or documents whichtorpedo your case but are not yetin the possession of the other side. You know the other side will ultimately obtain the evidenceor documents through the normaldiscovery process. Mediate earlyand you may be able to achieve a better settlement than later after the beans have been spilled.Here’s another one: suppose yourclient is not very presentable, i.e. makes a horrible witness, isarrogant, can’t speak the truth orhis or her story doesn’t add up.

Once opposing counsel takesyour client’s deposition, you aredoomed. Schedule early mediationand get out. Of course, convincing

Each time a newcase comes in I ponder the

question of when to mediate. Early?

Middle? Late?Timing it

right can turn when into win.

5 5A P R 2 0 1 1 / H C B A L A W Y E R 5 5

to do it. It helps me to establishgood procedures. It prevents ethicsviolations. It helpsme know what thecost is of havingsomeone else do it.

4. EstablishedstandardproceduresI tried very

hard to establishstandard forms and procedures. If I drafted anintake form, Iwould researchvarious forms andthen I would draftthe best possibleintake form I could.

Once I had the form, I then tested it by figuring out when to havepotential clients complete the form. My team then could properlyexecute because I had a standardprofitable procedure, and I knew itwould work effectively.

5. Made the few clients I had very happyThe most important thing you

can do when opening an office istake care of your first few clientswith over the top service. Actually,this advice goes for every singleperson who walks in your office oryou speak with on the phone. Thatis the most important free investmentyou need. It does not matter how

much the client ispaying you. Givethem multi-milliondollar service.

Author: Rinky S. Parwani,Parwani Law, P.A.

donate one to youor ask for one for a present. Thesedays, you wouldbe surprised howyou can find aFREE computer.Every time I made money from a client, only then would I buy something I needed to growthe practice.

2. Researchedand pickedvariousservicescarefullyWhen I started

my law practice, Ispent an enormousamount of time researching servicesand tools I would need for mybusiness. I investigated office space carefully before selecting an executive suite. I researchednumerous computer software andphone services. I tested all the on-line research services for freebefore I invested in one. I looked for computer support services. Istudied various servers and officeset ups. Start with your state barwebsite and your local law library.The Florida State Bar has freeresources for setting up your lawpractice. You would be amazed atthe free information you can findthat will save you thousands ofhours of work and money.

3. Did it on my own first before delegatingI do everything on my own

I possibly can in my office. It isimportant because it teaches me how long it really takes to dosomething when someone else has

FIVE SUCCESSFUL THINGS TO DO FOR FREE IN SETTING UP A PRACTICESolo/Small Firm Practitioner Section

Chair: Anthony Fantauzzi, The Fantauzzi Law Firm, and Anthony J. Garcia, The Trial Lawyers of Alvarez Garcia, Inc.

Many lawyers comingout of law school orwho have been inthe profession for

quite some time are faced with the challenge of our new economy.As a result, setting up a lawpractice has become a need ratherthan a requirement. I started mylaw firm three years ago on akitchen table with a cell phone,printer and laptop. I now haveemployees, and I recently won the 2010 Brandon Chamber SmallBusiness of the Year Award in the Minority and Small BusinessCategory in the worst economypossible. How did I do it? Mostly I am not sure and I am not anexpert, but I can tell you aboutsome of the things I did for freethat seem to work out positively.

1. Kept expenses low and growth steadyI did not start my law firm until

I had my first paying client, and Idid not spend a dime until I did. Itend to believe you can’t have anexpense until you actually spend it—so earn it, THEN spend it. Don’track up big loans or credit cardbills in starting your solo practice.

My first expense was a $10.00black and white stack of businesscards. I already had a cell phone,laptop and printer. If you don’t havethe computer, phone and printer,see if you can get someone to

The Florida State Barhas free resourcesfor setting up your

law practice.

A P R 2 0 1 1 / H C B A L A W Y E R5 6

received by theorganization in thepreceding fiscalyear. Late renewalsare subject to a $25fee for each monthor part thereof afterthe registration due date.

Organizationsthat are exemptfrom the registrationrequirement include religiousorganizations,educationalinstitutions, stateagencies or other

FloridaApplication to SolicitContributions

In Florida, many charities arerequired to registerwith the FloridaDepartment ofAgriculture andConsumer Services(DACS) prior to engaging in fundraisingactivities. Thisregistration must berenewed annually,and the fee rangesbetween $10 and$400, depending on the contributions

Many attorneys arecalled upon to assist charities by providing pro

bono legal services and by serving on boards of directors. The following is the first part of atwo-part primer on issues attorneysshould be aware of when workingwith non-profit organizations.

The prospect ofpersonal liability may be enough to scare highly

qualified, talentedindividuals away…

SUMMARY OF THE TAX RELIEF/JOB CREATION ACT OF 2010Tax Law Section

Chairs: V. Jean Owens, Owens Law Group, P.A., and Justin J. Klatsky, Owens Law Group, P.A.

Continued on page 57

A P R 2 0 1 1 / H C B A L A W Y E R 5 7

SUMMARY OF THE TAX RELIEF/JOB CREATION ACT OF 2010Tax Law Section

Continued from page 56

government entities, andprofessional fundraisingconsultants. Under Fla. Stat.§496.404(8), “educationalinstitutions” include non-profitschools and organizations whichraise funds for schools, such as most booster clubs, alumniorganizations, and parents groups.

Pursuant to Fla. Stat. §496.411(3),charities which have registeredwith the DACS are required todisplay the following statement in capital letters on every printedsolicitation, written confirmation,receipt, or reminder of a contribution:

“A COPY OF THE OFFICIALREGISTRATION ANDFINANCIAL INFORMATIONMAY BE OBTAINED FROM THE DIVISION OFCONSUMER SERVICES BYCALLING TOLL-FREE WITHINTHE STATE. REGISTRATIONDOES NOT IMPLYENDORSEMENT, APPROVAL,OR RECOMMENDATION BY THE STATE.”To determine whether a

particular organization has

registered, you can visithttp://www.800helpfla.com/ andclick on the link that says “GiftGivers’ Guide.” This website alsoprovides some basic financialinformation about the charitiesthat have registered.

IRS Reporting RequirementsExempt organization tax

returns are due on the 15th day of the 5th month after the end of the organization’s fiscal year. For organizations operating on acalendar year, tax returns are dueMay 15th. If an organization failsto file a return for three years, itstax exempt status will be revoked.To be reinstated, the organizationwill have to reapply for tax exemptstatus by filing Form 1023 with the IRS and paying a substantial“user fee.”

For organizations with annualgross receipts of less than $50,000,the only reporting requirement is Form 990-N, otherwise known as an e-postcard, which is filedonline. For organizations with grossreceipts in excess of $50,000,income is reported on Forms 990 or990-EZ. Churches and other places

of worship are generally exemptfrom the requirement to file,regardless of their income.

IndemnificationIndividuals who serve on boards

of directors should take a momentto review the organization’s bylaws to determine whether theorganization will indemnify theboard members from personalliability for actions taken (or nottaken) on behalf of the organization.The prospect of personal liabilitymay be enough to scare highlyqualified, talented individualsaway from serving on charityboards, but a well-draftedindemnification clause should allay those concerns.

* * * * * *

Stay tuned next month for athrilling discussion of prohibited

activities andunrelated businesstaxable income!

Author: KatieEverlove-Stone,Akerman Senterfitt

HCBA Lawyer Referral Service

HCBA’s Lawyer Referral Service handles more than

14,000 calls a year. With over 140 attorney members,

averaging 10 years of legal experience in over 90 areas

of law, the LRS is ready and able to serve you and your

clients. Please refer your clients to the Hillsborough

County Bar Association LRS when the case involves an

area of law you do not practice.

Contact Pat Bishop, LRS Coordinator

at (813) 221-7780 for more information.

Trial and Litigation Quarterly Luncheon

The State of the Courts was presented by Chief Judge Anne Conway, U.S. District Court Middle Districtof Florida; Chief Judge Darryl Casanueva, Florida 2nd District Court of Appeal; and Chief Judge ManuelMenendez Jr., Florida 13th Judicial Circuit for the Trial & Litigation Section at the Chester H. Ferguson Law Center.

Thank you to our sponsor Digital Legal.

Left to Right: Chief Judge Darryl Casanueva, Chief Judge Anne Conway, ChiefJudge Manuel Menendez, Jr. with Ronald Hanes, Trial & Litigation Section Chair.

Trial and Litigation Quarterly Luncheon

A P R 2 0 1 1 / H C B A L A W Y E R5 8

KINDER, SIMPLER INSTRUCTIONS FOR PROFESSIONAL NEGLIGENCETrial & Litigation Section

Chair: Ronald P. Hanes, Trombley & Hanes, P.A.

By all accounts, theextreme makeover of the new standard juryinstructions for civil cases

brought substantial improvementover the old jury instructions. The revised instructions improvedorganization, making them easier to use, and simplified thelanguage, making them easier tounderstand.1 The instructions forprofessional negligence benefitedfrom much of these improvements.The following are some of the moresignificant changes to §402,Professional Negligence.

No area ofprofessionalnegligence sawmore changesthan the mostcommonprofessionalnegligence claim, medicalnegligence.Instruction 402.4, MedicalNegligence, was significantlyexpanded to includeinstructions onmany issues thatcommonly arise in these cases.Included areinstructions onvarious causes of action, such as the presence of foreign body, res ipsa loquitur,

informed consent,and failure tomaintain medicalrecords. Thelanguage of each of theseinstructions issimple and direct,to instruct thejurors in as clear a manner aspossible, withoutlegalese and run-on sentences.For instance, on the presence of foreign bodyinstruction, the committeeeschewed thelanguage of the statute,§766.102(3),“prima facie

The new instructionsfor professional

negligence claimsshould go a long waytowards simplifying

the complexdeterminations

jurors must make indeciding these cases.

Continued on page 59

A P R 2 0 1 1 / H C B A L A W Y E R 5 9

KINDER, SIMPLER INSTRUCTIONS FOR PROFESSIONAL NEGLIGENCEChair: Ronald P. Hanes, Trombley & Hanes, P.A.

evidence of negligence,” which thecommittee thought was not helpfulto lay jurors. Instead, the instructionuses the common definition ofprima facie, “evidence sufficient to establish a fact unless and untilrebutted.” See Notes on Use for402.4c, FLORIDA STANDARDJURY INSTRUCTIONS - CIVILCASES. Other changes specific tomedical negligence cases includethe new 402.16. This instructiondealing with emergency medicaltreatment clarifies in plain Englishthe decision-making process for thejury in a complicated area of thelaw. Every practitioner who has amedical negligence case involvingemergency medical treatmentmight benefit from reading it early in the case.

Instruction 402.9, PreliminaryIssues - Vicarious Liability, isanother notable change. Thestructure and organization of the

instruction provides a clear pathfor jurors’ determination of thepreliminary issues of vicariousliability. Included are instructionson agency (both with and withoutan independent contractor issue)and apparent agency, non-delegableduty, and joint venture. The noteson use of this instruction areparticularly helpful and are up-to-date with current law on theseissues. For instance, the notes for use of the non-delegable dutyinstruction include citations torecent, defining decisions on non-delegable duty in medicalnegligence cases.

Medical negligence is not theonly area of law with significantchanges and new additions.Instruction 402.12 provides a newinstruction on issues in attorneymalpractice claims. Instruction402.5 applies to all nonmedicalprofessional negligence claims.

The new standard juryinstructions for civil cases were

written with an eye on jurorengagement, with input fromjudges, practitioners, and even juryconsultants and psychologists. Thenew instructions for professionalnegligence claims should go a long way towards simplifying thecomplex determinations jurors must make in deciding these casesand perhaps a long way towardskeeping a few more jurors awakeand alert during the lengthyrecitation of the jury instructions.

1 For a scholarly overview of thechanges in the new Standard JuryInstructions for Civil Cases, please see:Stewart. Larry, “The Rebirth of the FloridaStandard Civil Jury Instructions”, 84-MayFla. B.J. 12 (2010). The instructions

themselves can befound at www.floridasupremecourt.org.

Author: Charles T. Moore, Morgan & Morgan, PA

Continued from page 58

For The Month of: January 2010.Judge: Honorable Jeffrey Streitfeld.Parties: Florida Gas Transmission

Company, LLC v. FloridaDepartment of Transportation.

Attorneys: For Plaintiff: Ethan Loeb& Jon Tasso; For Defendant:Michael Marcil & Jeremy Hart.

Nature of Case: Breach of contractfor gas pipeline relocation

Verdict: $82,697,567.00 in favor of Florida Gas TransmissionCompany, LLC.

For The Month of: September 2010. Judge: Honorable Martha Cook.Parties: Michael Preston v. Fuel

Group d/b/a Temple Lounge.Attorneys: For Plaintiff: Jeffrey “Jack”

Gordon of Maney|Gordon; ForDefendant, Thomas Smith, Esq.

Nature of Case: Negligent Security.19 year-old Plaintiff sufferedfacial fractures as a result ofassault at defendant’s nightclub.

Verdict: $853,543 in favor of Plaintiff.

For The Month of: October 2010. Judge: Honorable Bernard Silver.Parties: Blanca Hughes v. Colonial

Village Apartments.Attorneys: For Plaintiff: Jeffrey

“Jack” Gordon of Maney|Gordon;For Defendant: Mark Freeman ofLaw Offices of Robert Dalessio.

Nature of Case: 72 year-old Plaintifftripped and fell at defendant’sapartment complex andunderwent laminectomy.

Verdict: $528,577.50, less 17%comparative negligence of plaintiff.

For The Month of: October 2010.Judge: Honorable Herbert

J. Baumann, Jr.Parties: Deborah A. McCormick

v. John W. Kinney, Jr.Attorneys: For Plaintiff: T. Patton

Youngblood, Jr.; For Defendant:

Ann Lehr O’Hern & P.D. Sabourin Goldstein.

Nature of Case: Plaintiff timely filed Demand for Judgment for $55,000.00.

Verdict: $873,830.84. Defendant is entitled to set-offs in theamount of $10,000.00 for PIP and $30,000.00 for other bodilyinjury monies. Motion for Feesand cost is pending.

For The Month of: January 2011.Judge: Honorable S. Pendino.Parties: Southwest Contracting, Inc.

v. City of Tampa.Attorneys: For Plaintiff: John H.

Rains, III; For Defendant John J.Thresher, Michael Kamprath.

Nature of Case: Contractor sued city for breach ofconstruction contract.

Verdict: No breach of contract,defense verdict.

For The Month of: January 2011.Judge: Honorable James M. Barton.Parties: Henry King v. Mildred and

Michael Jackson.Attorneys: For Plaintiff: Ernie E.

Trichler, II, and Paul M. Sisco; For Defendant: Pro Se.

Nature of Case: Defendant MildredJackson shot Plaintiff HenryKing in the head with a .38caliber handgun resulting in the loss of his left eye during afight at a nightclub. Defendantsclaimed self-defense.

Verdict: $1,205,000.00 for the Plaintiff.

For The Month of: January 2011.Judge: Honorable Ralph Steinberg.Parties: Nancy Pistilli-Hurst

and Michol G. Hurst vs. Geico Insurance.

Attorneys: For Plaintiff: D. JamesKadyk; For Defendant Lisa L.Alvardo and James J. Pratt.

Nature of Case: Defendantadmitted negligence but denied permanent injury.

Verdict: No permanent injury.$17,408.53 awarded for medical and lost earnings.

For The Month of: February 2011.Judge: Honorable Martha J. Cook.Parties: Holli Thorne v. State Farm,

Daniel Thomas et al.Attorneys: For Plaintiff: Hendrick

Uiterwyk; For Defendant: Ann O’Hern, James Pratt,Catherine Nadeau.

Nature of Case: Rear-end autoaccidents with injuries toshoulder, neck, knee and TMJ.

Verdict: $1,170,430.05 againstdriver of second accident.

For The Month of: February 2011.Judge: Judge: Honorable James S.

Moody, Jr. Parties: Jarvis Brown v.

Hillsborough County Sheriff’sOffice Detective.

Attorneys: For Plaintiff: MichaelMaddux; For Defendant Thea G.Clark and Christopher E. Brown.

Nature of Case: Civil rightsviolation, excessive force allegedduring execution of warrant.

Verdict: Defense verdict, noexcessive force occurred.Defendant’s motion for Attorney’sFees and cost pending.

For The Month of: February 2011 Judge: Honorable James S.

Moody, Jr.Parties: Lorenzo Rubio v.

Hillsborough County Sheriff’sOffice and Hillsborough CountySheriff’s Office Deputy.

Attorneys: For Plaintiff: MichaelMaddux; For Defendant: Thea G. Clark.

A P R 2 0 1 1 / H C B A L A W Y E R6 0

JURY TRIAL INFORMATION

Continued on page 61

A P R 2 0 1 1 / H C B A L A W Y E R 6 1

JURY TRIAL INFORMATION

Nature of Case: Civil rightsviolation, excessive force allegedduring arrest.

Verdict: Defendant’s motion forsummary judgement as to allcounts granted: no excessiveforce occurred: Defendants’motion for Attorney’s fees andcost pending.

For The Month of: February 2011.Judge: Honorable Herbert J.

Bauman, Jr.Parties: Mary Bottini, as Personal

Representative of the Estate of Gerard Bottini, Deceased v. Geico General InsuranceCompany, a foreign corporation(GEICO).

Attorneys: For Plaintiff: C. SteveYerrid & David D. Dickey of the

Yerrid Law Firm; For Defendant:James B. Thompson, Jr., Todd B. Miller & Jason Stedman ofThompson, Goodis, et al.

Nature of Case: Negligent carmaintenance/operation results in catastrophic engine failurecausing rollover.

Verdict: $30,872,266.00 in favor of plaintiff.

Continued from page 60

SUPPORT THE HCBA TICKET BANK for THE CHILDREN’S CANCER CENTERDonate tickets to sporting events, concerts, movies and more! Bring smiles, laughter and everlasting memories to families battling their children’s life-threatening illnesses.

TO DONATE TICKETS CONTACT THE HCBA AT813-221-7777 OR DAWN@HILLSBAR.COM

A P R 2 0 1 1 / H C B A L A W Y E R6 2

AROUND THE ASSOCIATION

The Honorable Susan Sexton,of the Thirteenth JudicialCircuit, in Tampa, is the recipientof the 2011 Distinguished JudicialService Award. The award honorsoutstanding and sustained serviceto the public especially as itrelates to support of pro bono legal services.

Ford & Harrison LLP, anational labor and employment lawfirm, is pleased to announce theaddition of Shane T. Muñoz as aPartner in the firm’s Tampa office.

Christina J. Anton is proud to announce with pleasure theformation of Anton-Castro Law, LLC.

Adams and Reese associateKim Madison in the firm’s Tampaoffice will serve as Vice-Chair ofthe Hillsborough County HumanRelations Board for 2011-2012.

Former Tampa City CouncilmanJohn Dingfelder proudly announcesthe opening of Dingfelder Law, afull service law firm.

George Nader has beenaccepted to the American Boardof Trial Advocates (“ABOTA”).

Holland & Knight ManagingPartner Steven Sonberg announcedthat Mike Chapman, a partner in the firm’s Tampa office, has been appointed General Counsel of the firm.

The Law Firm of Shutts & Bowen LLP is pleased toannounce the naming of newpartners Tiffany DiIorio andRobin Henderson Leavengood,who are members of the firm’sTampa office.

Shumaker, Loop & Kendrick,LLP is pleased to announce thatMichele Leo Hintson, Brian R.Lambert and Steven S. Griecohave been named Partners in thefirm’s Tampa Office.

Forizs & Dogali, P.A. is pleasedto announce that Haley Maplehas been named Equity Partner of the firm.

Andy Dogali, Managing Partnerof Forizs & Dogali, P.A., wasrecently appointed Co-Chair of theEmerging Issues Subcommittee ofthe Insurance Coverage LitigationCommittee of the American BarAssociation Section of Litigation.

Thomas A. Burns has joinedGreenberg Traurig’s AppellatePractice as an associate in theTampa office.

Williams Schifino Mangione& Steady P.A. is pleased toannounce that Robin Keenerhas been elected the firm’s newest shareholder.

Givens Law Group is proud to announce the appointment asPartner of Christian M. Givens.

Givens Law Group is proud to announce the appointment asPartner of Robert D. Sparks.

Holland & Knight is pleased to announce that Howell Melton,a partner in the firm’s Orlandooffice, has been elected Vice Chair of Enterprise Florida’s Board of Directors.

The Honorable ManuelMenendez, Jr. was elected by his colleagues to serve anothertwo-year term as Chief Judge of the Thirteenth Judicial Circuit.

Carol Still Moody, managingattorney of the Senior AdvocacyUnit of Bay Area Legal Services,was presented the Salt and PepperAward in January 2011 by the West Central Florida Area Agencyon Aging.

Susan Steinberg Sandler,managing attorney of the Bay Area Volunteer Lawyers Program of Bay Area Legal Services, waspresented the 2011 Kay Meyers Pro Bono Coordinator Award by the Florida Pro BonoCoordinators Association.

Michael L. Bridenback, TrialCourt Administrator for Florida’s13th Judicial Circuit, is therecipient of a 2010 DistinguishedService Award, one of the highestrecognitions given by the NationalCenter for State Courts (NCSC).

EXPEDITE YOUR ENTRY to the 13TH JUDICIAL COURTHOUSE

EXPEDITE YOUR ENTRY to the 13TH JUDICIAL COURTHOUSE

Get your Court Access Card from HCBA. The access card application is available on the HCBA website at www.hillsbar.com

A P R 2 0 1 1 / H C B A L A W Y E R 6 3

ADVERTISER INDEX

OFFICE SPACE AVAILABLEto share, downtown Tampa,walking distance to courthouses.On site garage parking. Totalshared space 960 square feet,includes reception, conferenceroom, storage room, and secretarialarea, plus good sized lawyer office with large window. Existingfurniture can be purchased for veryreasonable amount, or bring yourown. Monthly rent (includes allutilities) $620.60. Copier, internet,and phone service available toshare for additional cost, or set upyour own. Please contact DianeZuckerman at 813-846-6195.

LAW OFFICE SHARING -Small and medium sized officesavailable in Tampa within a 2,100sq. ft. office located in the Bank of Tampa Building on BayshoreBlvd., utilities included. Potentialfor overflow work and use of legal assistant. If interested, please contact Rory Weiner atrweiner@roryweiner.com or 813-681-3300.

3D RETAIL - Is looking forSURPLUS & DE-INSTALLED,TECHNOLOGY ASSETS. Thiswould include TELECOM,NETWORKING, COMPUTERS,

SOFTWARE and PRINTERS. FREE PICKUP of the assets to be donated or sold. Willing to work on BANKRUPTCY FILINGS.For more information, pleasecontact Mike at 813-465-1951.

HISTORIC HYDE PARKEXECUTIVE OFFICE SUITE -215 Verne Street. One 1800 sq. ft and 3600. sq. ft., both newlyrenovated, great parking and 5 min. to downtown. $14 sq. ft.plus electric. 689-6405 or 242-2065.

Adams and Reese LLP ..................................................28

Bank of Tampa (Hicks) ..................................Back Cover

Buell & Elligett, P.A. ......................................................26

Central Florida Mediation Group..................................17

Charles W. Ross, P.A. ....................................................15

Clark & Martino ............................................................37

Dalan & Katz, P.L. ............................................................9

Danahy & Murray ..........................................................25

Didier Law Firm ..................................Inside Back Cover

Digital Legal ..................................................................30

Free Press Publishing Company, Inc. ..........................61

Gunn Law Group ................................Inside Front Cover

Guy Spicola ....................................................................19

Inns of Court ..................................................................21

James Hoyer Newcomb & Smiljawich ........................39

John Boyer Inc. ..............................................................27

Keiser & Company ........................................................40

Paul Sidney Elliott ........................................................35

Perzel & Lara Forensic CPA’s ..........................................4

Robert H. Bonanno ........................................................38

Robert M. Geller & Associates......................................31

Richard A. Tanner..........................................................34

Ringler Associates ..........................................................5

Sabal Trust Company ....................................................13

Saltmarsh, Cleaveland & Gund, PA ............................19

The Cappy Law Firm ....................................................40

The Centers....................................................................36

Trial Consulting Services ..............................................64

UpChurch Watson White & Max ..................................41

W.H. Simon & Company, P.A. ..........................................6

Wilkes & McHugh ....................................................32-33

Williams Schifino Mangione & Steady P.A...................29

Woody Isom....................................................................31

CLASSIFIED ADVERTISING

A P R 2 0 1 1 / H C B A L A W Y E R6 4

PRSRT STDU.S. POSTAGE

PAIDTAMPA FL

PERMIT 590

THE HILLSBOROUGH COUNTY BAR ASSOCIATION

LawyerChester H. Ferguson Law Center1610 N. Tampa StreetTampa, FL 33602

Armenia 872-1201 Bayshore 872-1216 Carrollwood Village 872-1399 Downtown 872-1224 Sunset Park 872-1230 Tampa Palms 998-2620 Waters 872-1350 Westshore 998-2600 Brandon Division 998-2660 Member FDIC

Discover Why More Than 450 Law Firms Bank With Us.

Our experienced local bankers have vast experience in serving the needs of law firms. From start-ups and spin-offs to office construction … we’ve seen it all. In addition to our tailored services for law firms, we specialize in packages especially designed for partners and associates, and deliver them in a personalized manner.

Our full service Trust Department is staffed with experienced trust officers to serve clients in a variety of ways. Call Senior Trust Officer Mary Mitchell at 998-2720.

www.bankoftampa.com

HCBA Benefit Provider since 2005.