May Broward Courthouse Construction Update see page 11

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1 B R O W A R D C O U N T Y B A R A S S O C I A T I O N May 2014 Broward Courthouse Construction Update see page 11 Broward SERVING County THE CITIZENS Bar Association AND Barrister LEGAL COMMUNITY OF BROWARD COUNTY SINCE 1925

2 Broward County Bar Association Recognizes 100% Membership Club **For firms with 5 attorneys or more** Berman, Kean & Riguera, P.A. Billing, Cochran, Lyles, Mauro & Ramsey, P.A. Brinkley Morgan Broad & Cassel Catri, Holton, Kessler & Kessler P.A. Coast to Coast Legal Aid of South Florida Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb Cooney Trybus Kwavnick Peets, PLC Doumar,Allsworth,Laystrom, Voigt, Wachs, Adair, & Bosack, LLP Ferencik, Libanoff, Brandt, Bustamante, & Goldstein, P.A. Fowler White Boggs, P.A. Fowler, White, Burnett, P.A. Gladstone & Weissman, P.A. Gray Robinson, P.A. Green, Murphy & Murphy, P.A. Haliczer, Pettis & Schwamm, P.A. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. Keller Landsberg Kelley Uustal Kim Vaughan Lerner LLP Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC Law Firm of Gary M. Singer, P.A. Legal Aid Service of Broward County MacLean & Ema Phillips Cantor Shalek & Rubin, P.A. 2 May 2014 Broward County Bar Association Barrister

3 CRIMINAL DEFENSE, DUI, TRAFFIC All Federal And State Courts 150+ YEARS COMBINED EXPERIENCE MUSCA LAW Attorney John Musca Selected Super Lawyers 2012 Mutual Referrals? S. ANDREWS AVE. SUITE 11 FT LAUDERDALE, FL Broward County Bar Association Barrister May

4 inside this issue Staff Box PUBLISHER Broward County Bar Association PUBLICATIONS & PUBLICITY COMMITTEE Edwina V. Kessler, Co-chairperson Laura Varela, Co-chairperson EXECUTIVE EDITOR Braulio N. Rosa LAYOUT AND PRINTING Park Row Printing MANAGING EDITOR Bonnie H. Ross CONTRIBUTING WRITERS Nancy Little Hoffman Eric S. Rosen Gary M. Singer BILLING INQUIRIES Ext Letter from the President Alan S. Fishman Young Lawyers Section Letter from the President Marissa J. Pullano Workers Compensation Immunity Eric S. Rosen, Esq Courthouse Update History in Action - Red Mass Gary M. Singer 17 Recent Developments in The Law Nancy Little Hoffman 20 Calendar of Events The Barrister is published monthly by the Broward County Bar Association. All editorial, advertising and photos may be submitted for consideration through to: We reserve the right to reject any ad for any reason. We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the BCBA or the Barrister. B R O W A R D C O U N T Y B A R A S S O C I A T I O N MAY 2014 Broward Courthouse Construction Update see page 11 ON THE COVER: New Broward Courthouse under construction. See page 11 for the update on the new construction project. Photo credit: Liraz Pustizzi of Liraz Photography lirazphotograhy.com. For information on upcoming events, please check out: BROWARD SERVING COUNTY THE CITIZENS BAR ASSOCIATION AND BARRISTER LEGAL COMMUNITY OF BROWARD COUNTY SINCE May 2014 Broward County Bar Association Barrister

5 BCBA Officers Alan S. Fishman - President John G. Jordan - President Elect Robin S. Moselle - Treasurer Charles A. Morehead, III - Secretary Deborah FitzGerald - Past President Braulio N. Rosa - Executive Director BOARD OF DIRECTORS NORTHEAST Michael Kean Thomas Oates Jerome R. Siegel NORTHWEST Gary Landau WEST Donald E. Fucik Gary M. Singer Russell M. Thompson CENTRAL Michael A. Fischler Jeffrey Harris Jose Izquierdo Edwina V. Kessler Jay Kim Michael Leader Steve Lubell SOUTHWEST Kenneth P. Hasssett SOUTHEAST Anita Paoli Jeffrey Solomon Laura Varela JUDICIAL REPRESENTATIVE The Honorable Jeffrey R. Levenson EXECUTIVE DIRECTOR Braulio N. Rosa Broward County Bar Association 1051 SE 3rd Avenue Fort Lauderdale, FL letter from the president It is hard for me to believe that my term as President of the BCBA is almost over. The experience was divided into three parts: For six months before the Installation I reviewed all of the Sections and Committees to decide who should be this year s chairs and co-chairs. I tried to give as many people as possible the opportunity to lead for the first time. Most of the previous year s leaders had done a good job, but I thought it would keep things interesting for the members to inject new ideas and styles with new people. That process seems to have played out well as the new Alan S. Fishman chairs put on different seminars and programs that were well received. As President-Elect John Jordan works on the selection of chairs and co-chairs for the year beginning in July, I encourage you to contact him about being appointed. In addition to giving you a sense of contributing to the legal community, the experience of leading a section or committee is a great networking opportunity for your practice. I also spent the months before becoming President involved in reviewing our staff situation and thinking about which of the events that would occur this year I wanted to do differently. Some of those decisions were difficult, but I had the help of the Executive Committee and others whose opinions I valued. Part two was the implementation of my ideas after the Installation. I spent considerable time with then-acting Executive Director Braulio Rosa and our brand new Events Manager Bonnie Ross preparing a Master Schedule for the entire year s events. We set dates and venues with timelines for each one and designation of people responsible for each facet, including fund-raising. I am asked every day whether I am enjoying myself. The answer is easy. When all of the preparation was done, part three of being President has been a pleasure. The talented members and staff in charge of events have done a wonderful job and I have gotten to attend and get the benefit of their work. The Bench Bar Convention was a huge success. One of the events we targeted was the Legislative Affairs Reception. Although the event was only attended by a few of the legislators, the contacts we made with them paid off when we were able to have effective input with them on issues affecting our members which came up during the year. It has been interesting to meet other bar leaders from around the state and country and to work with our amazing President of the Florida Bar Gene Pettis. It has been fun and rewarding to work with all of you, and with Chief Judge Weinstein, the Board of Directors, the staff, and especially the four gifted and dedicated people on my Executive Committee. I only hope that John, Robin, Charles and Tom enjoy their years as President as much as I have. Broward County Bar Association Barrister May

6 Upchurch Watson White & Max Bridging Alternative Viewpoints Since 1988 MEDIATION ARBITRATION E- DISCOVERY SPECIAL MASTERS 900 South Pine Island Road, Suite 410, Plantation CALL: READ MORE & SCHEDULE: linkedin.com/company/upchurch-watson-white-&-max 6 May 2014 Broward County Bar Association Barrister

7 BCBA Young Lawyers Section OFFICERS Marissa Pullano - President Liza Smoker Faw - President Elect Tobi Lebowitz - Treasurer Jeffrey M. Wank - Secretary Meghan Clary - Past President BOARD OF DIRECTORS Jamie D. Alman Lauren M. Alperstein Todd L. Baker Eric S. Rosen Sara M. Sandler Jonathan H. Stief Lindsay M. Timari Anthony H. Quackenbush Cherie Smith Valbrun Drew Vogt Kelly M. Vogt Stacy R. Weissman JUDICIAL REPRESENTATIVES The Honorable Stacy Ross The Honorable Cynthia Imperato Walter G. Skip Campbell Lorna E. Brown-Burton Jay Cohen Adam Glenn Rabinowitz Diana Santa Maria Marissa J. Pullano, President Any Native Northeasterner will tell you, May is always one of the most beautiful months of the year. Usually, the snow and ice are gone by this time and the dog days of summer have not yet arrived. In May, the flowers bloom and the trees and grasses turn green. It is a time of rebirth and refreshment. Since the temperatures are higher here in sunny South Florida, the seasonal change is not so tangible. However, that does not mean that there are not ways to grow, change and refresh just in time for Summer! You can set out to get more involved in your local bar associations and YLS this May. We would love to have you join us! This May the Young Lawyers Section is launching our Lawyers for Literacy Guest Reading and Reading is Fundamental Book Project. We are recruiting volunteer guest readers to participate in this project at Dr. Martin Luther King Elementary School, Stephen Foster Elementary, Riverland Elementary, and Sunland Park Academy on May 5, May 12, and May 16 from 8:15 10:15 am. Guest Readers will visit pre-k and kindergarten classes and share the gift of literacy. We hope you will join us in volunteering your time for this worthy project. To sign up to be a guest reader and for more information please contact Cherine Smith Valbrun at On Thursday, May 15th, YLS will host its annual Judicial Reception from 5:30 to 7:30 p.m. at the New River Rotunda in downtown Fort Lauderdale. This is a special event, as every member of the Broward County judiciary, as well as every judge sitting on the Fourth District Court of Appeals, has been hand-delivered a special invitation to this reception being held in their honor. In addition, all Broward County Bar Association members should have already received a postcard invitation for the event. Please contact Eric Rosen, at for further information, including sponsorship opportunities. Also, on June 6th at 8:15 a.m. in the Broward County Courthouse law library, YLS will host its ever popular Breakfast with the Judiciary. Similar to the Judicial Reception, all members of the Broward County judiciary are hand delivered a special invitation to this catered breakfast. However, what distinguishes this event from the Judicial Reception is that this is a unique opportunity solely offered to young lawyers and the judiciary to become acquainted with one another in a relaxed and informal setting outside of the courtroom. This catered breakfast is complimentary to the members of the judiciary and $25.00 for all non-judiciary. Space is limited so please RSVP to Eric Rosen, Esq. at Finally, YLS is looking for nominees for our annual Paul May Professionalism in Practice award. A nomination application is posted on our website at which provides all the qualifications and details for the award. Applications must be submitted by no later than May 16, Broward County Bar Association Barrister May

8 Turn your daily commute into a guilty pleasure Philip Franchina General Sales Manager West Cypress Creek Road 6606 North Andrews Avenue Fort Lauderdale, Florida Ph: ww.alpinejaguar.com Damian Polgar Executive Direct Sales Cell: Direct: TF: Connect with us on Facebook, LinkedIn, Twitter and Google+ NO MINIMUMS! RUSH ORDERS! SE HABLA ESPAÑOL Serving the community for 20 years! Over 10,000 promotional Items to help grow your business or fundraising for your organization. Bar & Bat Mitzvahs Synagogues Special Occasions 1861 S. State Road 7 Ft. Lauderdale, FL Tel.: Tel.: Fax: News Events Updates Networking 8 May 2014 Broward County Bar Association Barrister

9 Workers Compensation Immunity: Is this the end of the Intentional Tort Exception? By: Eric S. Rosen, Esq. Recent statutory changes and case law interpreting same have drastically limited the rights of employees injured by the conduct of their employers. However, employees injured by the conduct of their employers can still pursue civil lawsuits against their employer outside the workers compensation scheme under certain circumstances. The general rule under the Florida s Workers Compensation Act is that if the employee is injured during the course and scope of employment, the remedy is to seek the limited compensation available under Florida s workers compensation laws. At the same time, the employer is generally immune from civil lawsuits brought by the employee against the employer. Prior to 2003, to overcome the employer s workers compensation immunity, a plaintiff was required to prove that the employer s conduct was substantially certain to result in injury or death. This has traditionally been known as the intentional tort exception. In 2003, the legislature amended section of the Florida Statutes resulting in significant changes to the intentional tort exception. This exception is codified at Fla. Stat (1)(b)2. Now, instead of requiring a plaintiff to prove the employer s conduct was substantially certain to result in injury or death, plaintiffs are required to prove, amongst other things, the employer s conduct was virtually certain to result in harm. In cases where a plaintiff employee has alleged the virtual certainty exception pursuant to (1)(b)(2), the plaintiff must now prove (at trial) by clear and convincing evidence: 1) employer knowledge of a known danger, based upon prior similar accidents or explicit warnings specifically identifying the danger that was virtually certain to cause injury or death to the employee; 2) the employee was not aware of the danger, because it was not apparent; and 3) deliberate concealment or misrepresentation by the employer, preventing employee from exercising informed judgment as to whether to perform the work. Gorham v. Zachary Industrial, Inc. 105 So. 3d 629, 633 (Fla. 4th DCA 2013). Since the amendment took effect Florida appellate courts are routinely ruling against injured employees under the intentional tort exception. The first Florida appellate decisions to apply the 2003 amendment were decided recently; all in favor of the employer and against the employee. See, e.g. Gorham v. Zachary Industrial, Inc. 105 So. 3d 629 (Fla. 4th DCA 2013)(affirming summary judgment in favor of the employer finding the conduct was not virtually certain to result in injury ; Boston v. Publix Supermarkets, Inc., 112 So. 3d 654 (Fla. 4th DCA 2013)(affirming summary judgment in favor of the employer based on workers compensation immunity); Figueroa v. Delant Construction Co., 118 So. 3d 272 (Fla. 3d DCA 2013); List Indus., Inc. v. Dalien, 107 So. 3d 470, 471 (Fla. 4th DCA. 2013)(reversing jury verdict and final judgment of $2.7 million in favor of an employee who suffered an amputation to his hand while using a steel press machine); see also Vallejos v. Lan Cargo S.A., 116 So. 3d 545 (Fla. 3d DCA 2013). Under the new statute, the appellate cases have unanimously found no liability against the employers. What is the end result? One of the intentional tort exceptions has been significantly limited by the 2003 amendment and recent appellate decisions, cited infra. However, this does not mean the intentional tort exception has been abolished. Each case will stand on its own specific facts and employer conduct that is deliberately intended to cause harm remains actionable. Clients who have been harmed as a result of their employer s intentional or negligent conduct should contact a lawyer with experience in navigating the various other exceptions to workers compensation immunity. Several avenues other than the intentional tort exception to workers compensation immunity exists where injured clients can still pursue full and fair compensation directly against their employer, coemployees and third party tortfeasors. Eric Rosen is a trial attorney with Kelley Uustal, PLC located in Fort Lauderdale. Eric focuses his practice in the areas of personal injury, product liability, tobacco litigation, and wrongful death. Eric is a Board Member of the Broward County Bar Association s Young Lawyers Section and also serves as Case Evaluator on the Board of Directors for the Broward County Justice Association. Broward County Bar Association Barrister May

10 The Broward County Bar Association thanks its Annual Sponsors Alpine Jaguar The Arias Law Group Bob Coury Broad & Cassel Attorneys at Law CopyScan recordshred Ellsley Sobol Attorneys at Law The Eppy Group Fiske and Company Florida Mutual Lawyers Insurance Company Florida Power and Light Fowler White Burnett Lexis Nexis Personnel Management Solutions Sabadell Bank Upchurch Watson White & Max 10 May 2014 Broward County Bar Association Barrister

11 Broward County s construction of new facilities in the Broward County Judicial Complex is rapidly progressing. The construction program is highlighted by construction of the new courthouse tower and 1,000-car garage and the design work underway for the Midrise facility. Courthouse Tower Construction: There are a variety of construction activities underway as attention turns from completing the building s structure to completing the exterior finishes and building out the courthouse s interior. Some of the notable activities include: Completing the cooling tower supports on the roof deck. Completing the mechanical penthouse, stair, and elevator roof slabs. Installing architectural precast panels up to the 21st floor s parapet. Installing the curtain wall system at the 19 th floor. Installing the building s escalators. Installing the building s elevators. Completing installation of the building s emergency generators. Installing drywall finishes on floors 2 through 6. Installing terrazzo flooring is on floors 2 through 4. Installing mechanical, electrical, plumbing and fire protection systems on floors 7 through 21. Constructing the elevated bridge along courthouse drive. 1,000-Car Garage: The County s new 1,000-car garage which will serve courthouse employees is nearing completion. The new garage is expected to be ready for service in late-may. An opening ceremony will be announced in the near future. With the planned opening of the new garage some reconfiguration and improvements to the existing east garage will commence. The future availability and cost for public parking in the existing east garage is under evaluation by County staff. For more information on the projects, please visit BCBA Member Enrollment is open! Take advantage of continued member benefits such as networking and judiciary events, discounts, educational seminars and more! Keeping children and families safe New Members and renewal memberships are valid through June 30, Enroll by June 13 to be eligible to win an IPad Mini. Enroll at browardbar.org or call our Membership Department at for more information Broward County Bar Association Barrister May

12 FOR MODERN TIMES, A CLASSIC BANK. YOUR DREAM HOME DESERVES A DREAM MORTGAGE. WITH OUR COMPETITIVE LOW RATES. CONTACT: JEFFREY GINOCCHI, SVP (954) BRUCE HECKER, EVP (954) VISIT: SABADELLMORTGAGE.COM Sabadell is a registered mark of Banco de Sabadell, S.A. used by Sabadell United Bank, N.A Sabadell United Bank, N.A., a subsidiary of Banco de Sabadell, S.A. all rights reserved. Sabadell United Bank is a trademark and service mark of Banco Sabadell, S.A. Banco Sabadell is a registered trademark and service mark of Banco de Sabadell, S.A. We re changing Florida s energy today to create a better tomorrow for all of us. 12 May 2014 Broward County Bar Association Barrister

13 Event Sponsors Braulio Rosa, BCBA Executive Director, Judge Renee Goldenberg, Judge Tim Bailey, Stacy Weissman, Event Co-chair, Lauren Alperstein, Event Cochair, and Judge Laura Watson Matthew Lundy Law Boca Raton, Florida QDROs Military Pension Division Orders Federal Pensions Florida Retirement System Wills Trusts Powers of Attorney Health Care Surrogates Broward County Bar Association Barrister May

14 History in Action Red Mass By: Gary M. Singer Every day we toil for our clients interests. Paperwork, pleadings, closing statements, rude opposing counsel, E&O insurance rates and long hours away from the kids. It is easy to forget our important role in society, let alone the legal profession s storied history and tradition. Every so often it is good to retreat from the trenches for a moment and remember why we got into all of this. We work for our individual client s rights, but also for our community, for higher principles, and for some, a higher power. Beginning in the thirteenth century, Red Mass was opening day for most European courts by the Catholic Church. Lawyers, Judges and government officials would attend the Mass donning red vestments symbolizing the Holy Spirit that descended on the Apostles on Pentecost during Shavuot. The tradition began in France and quickly spread to England during the reign of Edward II, quickly spreading throughout Europe. Here, across the pond, Detroit College picked up the tradition in the 1870s, and it became a regular event by 1928 in the Church of St. Andrew in New York City. Today the Red Mass is celebrated by the Supreme Court of the United States before they convene each year and around the world from the Philippines to Australia. Here in sunny Broward County the St. Thomas More Society of South Florida picked up the tradition with our first Red Mass led by Archbishop Edward McCarthy in Sir Thomas More was an English lawyer, statesman and humanist who lived from 1478 to 1535, serving as Lord Chancellor of Great Britain under Henry VIII. He was beatified by Pope Leo XIII in 1886 and canonized by Pope Pius XI in He is the Patron Saint of Lawyers, Statesmen and Politicians. More was a prolific writer as well. His best known work was Utopia, first published in 1516 in Latin, which gave rise to the entire genre of dystopian fiction. In the book, More, as narrator and traveler, contrasts a perfect society of simple laws, transparent government, and gender equality with the controversial events unfolding around him. More eventually rebelled against the Crown over the Protestant Reformation and the King s claimed supremacy over papal authority and was executed for it. More s lasting legacy as advocate for justice and principle has had such an influence on both jurisprudence and society that he was recently voted Lawyer of the Millennium by British Press. This year s event will mark the 25th annual Red Mass, Reception & Dinner held by the St. Thomas More Society of South Florida. H. James Towey, this year s speaker is the second president of Ava Maria University. He earned his Juris Doctorate and Bachelor of Science from Florida State University. In 1985 he became friends with Blessed Mother Teresa of Calcutta and served as her legal counsel in the United States for the last 12 years of her life. He served as a member of President George W. Bush s senior staff, attended cabinet meetings and was the Director of the White House Office of Faith-Based Community Initiatives from He also served in the cabinet of Florida Governor Lawton Chiles. On Wednesday June 4 at 5:30 PM, Archbishop Thomas G. Wenski will hold Red Mass at St. Anthony Catholic Church, 901 NE 2nd Street in Fort Lauderdale, followed by reception at 7:00 PM, and dinner at 8:00 PM at the Marriot Harbor Beach Resort at 3030 Holiday Drive in Fort Lauderdale. All denominations and religions are welcome. The Mass and reception are free, but dinner will set you back $125 to eat and mingle with several hundred very interesting people. For more information and to sign up, please visit or contact Thomas M. Cubit, Esq., 727 N.E. 3rd Avenue, Suite # 201, Fort Lauderdale, FL 33304, Gary M. Singer is a board certified real estate attorney with offices in west Sunrise and Fort Lauderdale. Gary focuses his practice on real estate and business litigation and transactions and is the owner of Gibraltar Title, Inc. Gary is a member of the Board of Directors of the Broward County Bar Association, the Co-Chair of the Real Estate section, and is a nationally syndicated columnist who appears locally each Monday in the Sun-Sentinel. 14 May 2014 Broward County Bar Association Barrister

15 MEDIATION FIRM, INC. Don t settle for just any mediation firm Outstanding mediators Great Hospitality & Convenient downtown mediation Facilities Reasonable Rates Mike Carbo Jim Chaplin Hugh Chappell Rick Ciravolo B B C MEDIATION FIRM, INC. MEDIATION FIRM, INC. ME 1 The Originals NEW LOCATION 401 East Las Olas Boulevard Suite 1220 Bank of America Building Fort Lauderdale, FL Phone: M MEDIATION FIRM, INC. Applying lessons learned in thousands of cases to help resolve your case! 7.5x4.75_Ad_P4.indd 1 Most of the mediators of Mediation, Inc., including Jim Chaplin, founder of Mediation, Inc., have moved their offices and their mediation practices to Mediation Firm, Inc. OUR mediators Geoffrey Curreri Jesse Faerber Tom Grimmett Nick Gunther Ed Klein Michael Stewart Tom Lardin Don Niles Bob Ferris Jim Parkhurst Meah Tell Alan Whitaker 4/22/14 5:32 PM M M M MEDIATION FIRM, INC. MEDIATION FIRM, INC. ME Broward County Bar Association Barrister May

16 Experience is the difference when results matter. Litigation Support Valuation Florida Lawyers Mutual Insurance Company s directors, officers and staff thank its policyholders and The Florida Bar leaders and members who shared the vision 25 years ago. Forensic Accounting Insurance Company s dire FloridaFlorida LawyersLawyers MutualMutual Insurance Company s directors, Audit and Accounting Services and staffits thank its policyholders The Flor officers officers and staff thank policyholders and Theand Florida Ba Then, Now and Tomorrow and members who shared the25 vision yea Consistently Ranked leaders leaders and members who shared the vision years25ago. as one of the Tax Planning and Compliance 1989 Florida Lawyers MutualInsurance Insurance Company s Company s2014 directors, Florida Lawyers Mutual directors, Officers officers and staff thank its policyholders Florida officers and staff thank its policyholders and andthe TheOfficers FloridaBar Bar leaders memberswho whoshared shared the the vision leaders andand members vision25 25years yearsago. ago. Top Litigation Support Accounting Firms in South Florida Then, Now and Tomor Then, Now and Tomorrow Then,Now Nowand and Tomorrow Tomorrow Then, Ray Ferrero, Jr. President/Chairman John F. Harkness, Jr. Secretary/Treasurer Ray Ferrero, Jr. Chairman William E. Loucks President Ava K. Doppelt Secretary Philip Allan Disque Treasurer Directors Alan Fiske, CPA/ABV/CFF Sheri Schultz, CPA/ABV/CFF Peter Gampel, CPA/ABV/CFF, ASA, CBV Marty Williams, CPA/CFF, CFE Anita M. Bock Donald L. Braddock Benjamin L. Bryan, III Philip Allan Disque James Joseph Kenny Directors Ronald C. LaFace Dennis K. Larry William E. Loucks Lake Lytal, Jr. Jesse J. McCrary, Jr Officers Officers Stephen A. Rappenecker E. Thom Rumberger C. Lawrence Stagg Clyde H. Wilson, Jr. Kimberly A. Bald Alan B. Bookman Donald L. Braddock Craig Anthony Gibbs 1989 Katie Gilden, CPA/CFF,CFE,CVA Officers Ron Michelson, CPA Ray Ferrero, Jr. President/Chairman Officers John F. Harkness, Jr. Secretary/Treasurer Howard Hammer, CPA Ray Ferrero, Jr. President/Chairman Joel Mutnick, CPAFerrero, Jr. President/Chairman Ray Ferrero, Jr. John President/Chairman Ray F. Harkness, Jr. Secretary/Treasurer Fort Lauderdale Miami John Dudley Goodlette Domenick R. Lioce Lake Lytal, Jr. Stephen A. Rappenecker Officers Juliet Murphy Roulhac Robert M. Sondak C. Lawrence Stagg C. Gary Williams Officers Officers Ray Ferrero, Jr. Chairman Officers William E. Loucks President Ava K. Doppelt Secretary Ray Ferrero, Jr. Chairman Philip Allan Disque Treasurer Ray Ferrero, Jr. Chair Ferrero, William E.Ray Loucks President Jr. Chairman Ava K.Directors Doppelt Secretary Directors F. Harkness, Jr. Secretary/Treasurer E. Loucks Pre John F. Harkness, Jr.John Secretary/Treasurer William Loucks William President Philip Allan Disque E. Treasurer Anita M. Bock Kimberly A. Bald John Dudley Goodlette Juliet Murphy Roulhac Ronald C. LaFace Stephen A. Rappenecker Ava K. Doppelt Secr Ava K. Doppelt Secretary Donald L. Braddock Alan B. Bookman Domenick R. Lioce Robert M. Sondak Dennis K. Larry E. Thom Rumberger Directors Directors Philip Allan Disque Tre Benjamin L. Bryan, III Donald L. Braddock Lake Lytal,Allan Jr. C. Lawrence Stagg William E. Loucks C. Lawrence Stagg Philip Disque Murphy Treasurer Craig Anthony Gibbs Stephen A. Rappenecker C. Juliet Gary Williams Lytal, Jr. H. Wilson, Jr. Anita M.Philip BockAllan Disque Ronald C.Lake Kimberly A. Bald John Dudley Goodlette Roulhac LaFace StephenClyde A. Rappenecker Palm Beach We ve our Rumberger reputation on vigorously defending yours. James Joseph Kenny J. McCrary, Jr. built Apply Now DennisJesse Visit Donald L. Braddock Alan B. Bookman Domenick R. Lioce Our Website Robert M. Sondak K. Larry E. Thom Directors Benjamin L. Bryan, III William E. Loucks Directors Philip Allan Disque Lake Lytal, Jr. Donald L. Braddock C. Lawrence Stagg Craig Anthony Gibbs Clyde H. Wilson, Jr. Directors C. Lawrence Stagg Directors C. Gary Williams Lake Lytal, Jr. Stephen A. Rappenecker James Joseph Kenny Jesse J. McCrary, Jr. Anita M. Bock A. Bald John DudleyJuliet Goodle LaFace Stephen A. Rappenecker Anita M. Bock Kimberly A. Bald KimberlyJohn Dudley Goodlette Mu Ronald C. LaFace Ronald C. Stephen A. Rappenecker Donald L. Braddock Lioc Dennis K. Larry E. Thom Rumberger Donald L. Braddock Alan B. Bookman Alan B. Bookman Domenick R. LioceDomenick R.Rober Dennis K. Larry E. Thom Rumberger Benjamin L. Bryan, III Donald L. Braddock Lake Lytal, Jr. William E. Loucks C. Lawrence Stagg Benjamin L. Bryan, III Donald L. Braddock Lake Lytal, Jr. C. Law William E. Loucks C. Lawrence Stagg Craig Anthony Gibbs Stephen A. Rappene Lake Lytal, Jr. H. Wilson, Jr.Clyde H. Wilson,Craig Jr. Anthony Gibbs Philip Allan DisquePhilip Allan Disque Stephen A. Rappenecker C. Ga Lake Lytal, Jr. Clyde James Joseph Kenny Jesse J. McCrary, Jr. James Joseph Kenny Jesse J. McCrary, Jr. NEED AN EXPERIENCED Visit Our Website APPELLATE ATTORNEY? Apply Now Visit Our Website Apply Now We ve built our reputation on vigorously defending yours We ve built our reputation on vigorously defending yours ANNUAL JUDICIAL RECEPTION Thursday, May 15, 2014 Lane Weinbaum, Esq. 5:30 pm - 7:30 pm Apply NowApply Now We ve builtattorney our on vigorously defending yours.our Web Visi We ve built our reputation onreputation vigorously defending yours. Former Assistant General, Criminal Appeals Division Visit NEW RIVER CENTER ROTUNDA 200 East Las Olas Boulevard Advanced RSVP Required $40.00 BCBA Members; $45.00 Non-Members (Checks must be received by May 1, 2014) REFERRAL FEES PAID PURSUANT TO BAR RULES Affordable Rates Available to Consult, Ghostwrite, Co-Counsel or Lead in Appeals & Provide Trial Support to Attorneys. Register at For sponsorship information please contact: Eric Rosen, Esq. 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17 SUPREME COURT: VEHICLE TI- TLE CO-OWNER CANNOT AVOID LIABILITY UNDER DANGEROUS INSTRUMENTALITY DOCTRINE Answering a certified question from the Fifth DCA, the Supreme Court held in a lengthy opinion that a person whose name is on the certificate of title of a vehicle as a co-owner cannot avoid vicarious liability under an exception to the dangerous instrumentality doctrine by asserting that he never intended to be the owner, and that he relinquished control of the vehicle to the co-owner. The high court agreed with the DCA that the defendant s subjective intent in signing the purchase and title documents was insufficient to defeat the vicarious liability of a titleholder, who was an owner of the vehicle as a matter of law. Christensen v Bowen, 39 Fla. L. Weekly S214 (Fla. April 10, 2014). SUPREME COURT REINSTATES PLAINTIFF S VERDICT AFTER THIRD DCA MISAPPLIED MC- CAIN S ZONE OF RISK/DUTY OF CARE ANALYSIS The Third District reversed a verdict in favor of a plaintiff injured by a tomahawk-wielding assailant, holding that the defendant who owned the tomahawk and could have prevented the attack had no duty to do so. Reversing, the supreme court held that although a party generally has no duty to prevent harm to another, By Nancy Little Hoffman its McCain v. Florida Power precedent required reversal in this case, because the defendant s conduct in failing to secure the tomahawk and in blocking the plaintiff s attempt to escape created a zone of foreseeable risk. Dorsey v. Reider, 39 Fla. L. Weekly S163 (Fla. March 27, 2014). A BLOGGER IS A MEDIA DEFEN- DANT ENTITLED TO STATUTO- RY NOTICE PRIOR TO ANY SUIT FOR ALLEGEDLY DEFAMATORY STATEMENTS IN HIS INTERNET BLOG Section , Florida Statutes (2008), provides that at least 5 days before an action is brought for publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander, the plaintiff must serve written notice on the defendant specifying the allegedly defamatory statements. The trial court entered partial final judgment in favor of the author of an allegedly defamatory blog, because he had not been served with such notice. The DCA upheld that ruling, holding that blog posts fell within the purview of other medium because their purpose was the free dissemination of news or analytical comment on matters of public concern, and that presuit notice was therefore required. Comins v. Van Voorhis, 39 Fla. L. Weekly D756 (Fla. 5th DCA April 11, 2014). FLORIDA OFFER OF JUDGMENT STATUTE CANNOT BE APPLIED IN A MARITIME CASE Receding from its prior precedent, the Third DCA reversed an award of attorney s fees to a seaman following a jury verdict in his favor in an admiralty case for injuries he sustained while aboard a vessel owned by Royal Caribbean. The lower court had denied a motion to strike his offer of judgment, based on a 1992 Third DCA opinion which held that section , Florida Statutes did not conflict with federal maritime law. Sitting en banc, the DCA held that federal maritime law follows the American Rule that each party must pay its own fees, and that in the interests of conformity in exercising admiralty jurisdiction, it was receding from its 1992 opinion. Royal Caribbean Cruises, Ltd. v. Cox, 39 Fla. L. Weekly D740 (Fla. 3d DCA April 9, 2014). Nancy Little Hoffmann is a Board-Certified Lawyer Appellate practicing Lawyer in the Fort practicing Lauderdale in the Fort area since Lauderdale area She since may be contacted She may at be contacted or at by at 0606 or by For at more information, see NancyLittleHoffmann. aol.com. For more com. information, see Nancy LittleHoffmann.com. Broward County Bar Association Barrister May

18 BCBA LAWYER REFERRAL SERVICE (LRS) Over 3,500 Referrals Last Year! OFFICE SPACE SUBLEASE Class A Office Building. Just North of 595 on Pine Island Road Suite for 3 attorneys, has opening for one attorney and secretary Share conference, reception, file and break room First year rent approx., $1000/month Thereafter approx. $1300/month. Available in July, 2014 Contact Edward F. Holodak, Esq., Join our Lawyer Referral Service The enrollment cost is less than one billable hour! Contact Dawne Pincince, BCBA Media Coordinator or For more information, contact Lyssette Bedon or May 2014 Broward County Bar Association Barrister

19 Your Florida Law Firm Just Got More Valuable, More Connected. Fowler White Boggs is delighted to announce its merger with national law firm Buchanan Ingersoll & Rooney PC. This combination will enhance the services, efficiencies and experience that our clients have come to expect from both firms. Together, we offer: Nearly 530 attorneys and government relations professionals dedicated to client service excellence 138 attorneys ranked in The Best Lawyers in America 80 first-tier metropolitan rankings in US News & World Report Focused industry depth and national resources that cater to the region s high growth sectors Six Florida office locations including Miami and 12 offices along the East Coast and San Diego California Delaware Florida New Jersey New York North Carolina Pennsylvania Virginia Washington, DC Broward County Bar Association Barrister May

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