COMMUNICATOR Newsletter of the Volusia County Bar Association JULY 2012

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1 COMMUNICATOR Newsletter of the Volusia County Bar Association JULY 2012 COMMITTEE PROPOSES SLATE OF NOMINEES The Volusia County Bar Association s Nominating Committee, chaired by President Elect Sebrina Slack, announces the following proposed candidates to serve on the VCBA board. Candidates will be presented and voted upon at the annual election meeting on Friday, July 27, Nominations will also be accepted from the floor at that time. President Sebrina Slack Landis Graham French Secretary Kenneth Bohannon Kenneth Bohannon PL Director Michael Ciocchetti Doran Sims Wolfe Ansay Kundid Wendy Mara Mara & Mara Bethany Schonsheck Fulmer, LeRoy, Albee, Baumann & Glass President Elect R. Brooks Casey Wright & Casey YLD Representative Erin Thompson Inner Circle Management Director R. Jeremy Hill Bogin Munns & Munns Abraham McKinnon Korey Sweet McKinnon Simpson & Vukelja Jacquelyn Roys Rice & Rose Treasurer Michael Woods Cobb Cole YLD Elect Amanda Jacobsen Smith Hood Bigman Director Arthur Graham Volusia County Attorney s Office Michael Kelton Paul & Elkind Albert Tetrault Tetrault Law PA Annual Meeting & Induction of Officers and Directors Sponsored by LexisNexis Friday, July 27, :45 a.m. 1:00 p.m. Sunset Harbor Yacht Club, Daytona Beach $15.00 for members, $25.00 non-members RSVP: CANDIDATE FORUMS Come & meet the candidates for State Attorney, County Court Judge Group 4 and County Court Judge Group 8 Thursday, August 2, :30 p.m. Daytona Beach Airport Banquet Room Park in short term parking lot and take escalator to 2nd floor. David Sholtz was the 4th VCBA President. He had to resign his position in January, See page 3 to find out why. REMINDER: Post your credits How to E-File in Volusia County Course # Approved for 1.0 general hours.

2 DIRECTORY UPDATE: NEW OFFICE LOCATION: John B. Jay Deiner Wallace Lockwood Burt Ormond Re Group, Inc. 802 Sterthaus Drive, Suite C Ormond Beach, FL Joshua Wagner Law Office of Joshua J. Wagner, P.A. 444 Seabreeze Blvd., Ste 635 Daytona Beach, FL Phone: or Fax: NEW ADDRESS John Revis Elizabeth Blackburn Anthony Pinizzotto NEW MAILING ADDRESS Georganne DeLaughter 15 Remington Road Ormond Beach, FL Dear Friends: A MESSAGE TO THE VOLUSIA BAR FROM LESTER & ELAN KANEY Lester and Elan Kaney have withdrawn from Cobb Cole and will be pursuing new career opportunities in Boca Raton, Florida. Elan will join Redgrave & Rosenthal, 220 East Palmetto Park Blvd, Suite 400, Boca Raton, FL 33432, (561) , on June 11, Redgrave & Rosenthal specializes in estate planning and administration. Elan can be reached through her new firm as of June 11. Lester is in the process of organizing the Law Office of J. Lester Kaney, and hopes to open his office open in Boca Raton by early August. He will remain in Ormond Beach for the summer while organizing his office, and will continue to handle the needs of his clients from his temporary office at 6 Broadwater Drive, P. O. Box , Ormond Beach Florida, Phone He will continue to handle litigation in Volusia County and other parts of Central Florida before and after relocating. Lester will be launching his new website, KaneyLaw.com in the near future and updated contact information will be available at that site. We have strong feelings for Volusia County and our many close friends in the Volusia Bar Association. The decision to make these career changes was carefully made. We appreciate the many expressions of support we have received from the bar and from the community. Our best wishes to all of you. Lester, Elan & Dylan

3 VCBA President wins Florida Gubernatorial Race Daytona Beach, Fla., Nov. 9, 1932 (AP) David Sholtz newly elected governor of Florida, made one of the most spectacular political rises in the memory of the past generation. Forty one years old, the states next chief executive has held only two political offices municipal judge in Daytona Beach and Volusia county member of the state legislature. He was president of the state chamber of commerce for two terms. Educated at Yale University and Stetson University, he was elected to the legislature in Later, he joined the United States navy during the World war and now is a reserve officer. He served as municipal judge here in He has been prominent in fraternal circles and civic organizations. As president of the Florida state chamber of commerce he was instrumental in securing the Florida east coast canal, now under construction. Sholtz has practiced law at Daytona Beach since coming to Florida and now is president of the Volusia County Bar Association. Running for his first state-wide office when he sought the Democratic nomination for governor, he faced seven opponents, two of them former governors. He came through the first primary in runner-up position to former Governor John W. Martin, and then in the second primary far outdistanced Martin as all sections of the state gave him impressive majorities. He defeated W.J. Howey, two times Republican gubernatorial candidate, in Tuesday s general election. He will succeed Governor Doyle E. Carlton next January. DAVID SHOLTZ, Florida's 26th governor, was born in Brooklyn, New York, on October 6, He graduated from Yale University in 1914, and earned a law degree from Stetson University in Sholtz established careers in the business and legal fields in Daytona Beach, Florida. During World War I, he served in the U.S. Navy as an ensign, and he earned the rank of lieutenant commander in the reserves. Sholtz entered politics in 1917 as a one-term member of the Florida House of Representatives. He also served as State's Attorney from 1919 to 1921, and he was the City Judge in In 1932 he won the Democratic gubernatorial nomination and was elected Governor of Florida. During his tenure, he dealt with the effects of the Depression and President Roosevelt's New Deal policies. Sholtz advocated for governmental restructuring, and he took advantage of social welfare programs for unemployment compensation, old age provision, and provisional aid. After finishing his term on January 5, 1937, Sholtz continued to stay active in his law career. He retired from public service after running unsuccessfully for the U.S. Senate in Governor David Sholtz died on March 21, 1953, and he is buried at the Cedar Hill Memory Gardens in Daytona Beach, Florida. (www.nga.org)

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5 JEFFREY P. BROCK Certified Circuit Court Mediator by the Supreme Court of Florida Mediating: *Business/Commercial disputes *Real Property disputes *Foreclosure disputes *Probate disputes MITCHELL A. GORDON ATTORNEY AT LAW CERTIFIED BY THE FLORIDA SUPREME COURT AS A FAMILY LAW MEDIATOR QUALIFIED AS APPELLATE MEDIATOR FOR THE 5TH DISCTRICT COURT OF APPEAL MITCHELL A. GORDON, P.A. Board Certified Real Estate Attorney HOURS BY APPOINTMENT Smith, Hood, Loucks, Stout, Bigman, Brock 444 Seabreeze Boulevard, Ste.900 Daytona Beach, FL (386) Telephone: (386) Facsimile: (386) Post Office Box 968 Daytona Beach, FL Rue & Ziffra Partner Now Board Certified in Civil Law Thomas E. Caldwell, a partner in the Port Orange based law firm of Rue & Ziffra, recently became Florida Bar certified in civil law. Mr. Caldwell has been a member of the personal injury law firm for the past 17 years and is the only attorney in Port Orange who is board certified in civil trial law, which is the highest level of evaluation by the Florida Bar. The firm is excited that Mr. Caldwell has been recognized for his knowledge, skills and proficiency to be included in the only one percent of Florida lawyers that are board certified in civil trial law. Board certification, established in 1982 by the Florida Supreme Court, is valid for five years. As a trial lawyer, Mr. Caldwell practiced law at an insurance defense firm before joining Rue & Ziffra. He currently handles personal injury and negligence cases, including vehicular accidents, nursing home abuses, and medical malpractice. Martindale Hubbell has given Mr. Caldwell an AV Rating which is the highest rating available. Education credentials include a degree from the University of Kentucky in Lexington and a Juris Doctorate from the University of Louisville s Louis D. Brandeis School of Law. Mr. Caldwell is allowed to practice in all Florida courts, as well as the United States District Court for the Middle District of Florida. The letters B.C.S. on business cards, letterheads or other correspondence identify him as a Board Certified Specialist.

6 TETRAULT LAW, P.A. "Calls returned promptly!" P. O. Box Palm Coast, FL Work/Cell: Home: ATTORNEY AT LAW FLORIDA SUPREME COURT CERTIFIED CIRCUIT CIVIL MEDIATOR Al acquired experience and expertise through a career in the computer industry, where he served in executive positions with an F500 company before leading an early-stage Internet company as CEO. He has negotiated complex transactions for products and services, especially in the computer and software industry. Al believes that mediation is the best approach to dispute resolution. He understands that facilitating an agreement often requires the mediator to adopt an evaluative style, and is comfortable in this role. Locations in Jacksonville, St. Augustine, Bunnell, Daytona Beach, Deland and Orlando or your office. Call for details. Appellate Attorney Steven J. Guardiano 412 N. Wild Olive Avenue Daytona Beach, FL Telephone: Fax: Website: Practice concentrating in Appellate Law Civil & Criminal Appeals Post-Conviction Remedies Over 25 years of appellate experience including 6 years 5th DCA Staff Attorney 4 years Senior Assistant Attorney General Established in private practice in 1998 Consultations by Appointment

7 Office space available immediately. Directly across the street from the Volusia County Courthouse in downtown DeLand in historic building. Amount of space and rent is flexible. Call LEGAL SECRETARY - with receptionist duties. Experienced in busy law office handling real estate closings, estate planning and probate. Excellent phone, people and computer skills required. Full/ part time resume to: REAL ESTATE POSITION: Ability to produce all closing documents and close the transaction. average 4-5 closings per month currently. Will also be involved in estate planning document preparation and some probate (second chair). Hours 8:30 to 4:30 Monday through Friday. Friendly, professional environment. Supervising attorney has 30+ years in the practice. Position available immediately. Fax resume to DAYTONA BEACH OFFICE FOR RENT Well decorated office for 1 attorney and 1 secretary. Shared waiting room, library, conference room, kitchen and receptionist. $485 a month, includes utilities and cleaning. 648 South Ridgewood Avenue, Daytona Beach Call The law firm of Cobb Cole is pleased to announce that attorney and shareholder Thomas Leek has been recognized as one of Florida Trend Magazine's "Legal Elite" for 2012, which comprises the top 2% of attorneys practicing in Florida as chosen by their colleagues. According to Florida Trend, the lawyers recognized exemplify a standard of excellence in their profession and by doing so have received endorsement from their peers. Mr. Leek, a shareholder in Cobb Cole's Litigation Section, is a commercial civil litigator of all business matters with the dominant portion of his practice in labor and employment law. In addition, two of firm's attorneys - Heather Bond Vargas and Kelly Parsons Kwiatek - have been recognized as 2012 Florida Super Lawyers' Rising Stars. These are the state's top up-and-coming attorneys who are forty years old or younger, or who have been practicing for 10 years or less. Florida Super Lawyers recognizes attorneys for attaining a high degree of peer recognition and professional achievement. Heather Bond Vargas, a shareholder in Cobb Cole's Business Law Section, is board certified in the area of Intellectual Property by The Florida Bar and holds an AV rating, the highest rating obtainable by an attorney from Martindale-Hubbell legal directory. Kelly Parsons Kwiatek, a shareholder in Cobb Cole's Litigation Section, is board certified in the area of Labor & Employment Law by The Florida Bar, also focuses on intellectual property litigation, and holds an AV rating from Martindale- Hubbell. The Volusia Civil Trial Attorneys Association elected Cobb Cole litigation partner Scott W. Cichon as its new president to replace outgoing president Steve Sands. Other attorneys elected to office are William Chanfrau, Jr, vice president, Sandy Upchurch, secretary, Joan Briggs, treasurer, and MaryEllen Osterndorf, director. The Volusia Civil Trial Attorneys Association is a group of experienced trial attorneys organized to discuss and educate their members on issues important to civil law practice, as well as to support local charitable causes ATTORNEY KELLY PARSONS KWIATEK RECEIVES LABOR & EMPLOYMENT LAW CERTIFICATION Attorney Kelly Parsons Kwiatek, a shareholder in the Litigation Section of the law firm of Cobb Cole, Daytona Beach, recently received her Board Certification from The Florida Bar in the area of Labor and Employment Law. Board Certification is the highest level of evaluation by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida. Board certification recognizes attorneys special knowledge, skills and proficiency in various areas of law, as well as professionalism and ethics in practice, also satisfying a peer review assessment. Only 192 attorneys are "Board Certified Specialist" in Labor and Employment Law in Florida. Mrs. Kwiatek is the second attorney to have earned this title in the Seventh Judicial Circuit, an area consisting of Volusia, Flagler, Putnam, and St. Johns counties. "I find the practice of labor and employment law fascinating and challenging," Mrs. Kwiatek said. "I am grateful for this opportunity to prove my credentials and establish myself as an employment law expert." "The firm is very proud of Kelly," says John Ferguson, President of Cobb Cole. "The dedication and intelligence it requires to earn the certification truly exemplifies the qualities that make Kelly an outstanding person and attorney." Mrs. Kwiatek is a native of Daytona Beach and has been practicing law at the firm of Cobb Cole since Her employment law practice consists of representing employers in managing employee relations, from the negotiation of employment contracts to the litigation of federal and state anti-discrimination and retaliation claims. She also regularly enforces and defends contracts in restraint of trade and advises clients on their day-to-day operations related to employment law. Mrs. Kwiatek holds an AV rating from Martindale-Hubbell, the highest rating obtainable by an attorney from Martindale-Hubbell.

8 Volusia County Bar Association PO Drawer Daytona Beach, FL Presorted Standard U.S. Postage PAID Permit #101 Daytona Beach, FL The Communicator is published by the Volusia County Bar Association as a part of its commitment to information relevant to issues and concerns at the local level. Opinions expressed or positions taken are those of the author and may not reflect the views of the publication of the Volusia County Bar Association. Articles for publication should be sent via to Advertising rates are listed on CONTACT INFORMATION Volusia County Bar Association PO Drawer S. Palmetto Ave. Daytona Beach, FL Web: Karen A. Foxman President Sebrina Slack President-Elect R. Brooks Casey Treasurer OFFICERS Michael Woods Secretary Michael Kelton YLD Representative Erin Thompson YLD Elect DIRECTORS Kenneth Bohannon Abraham McKinnon Michael Ciocchetti Jacquelyn Roys R. Jeremy Hill Bethany Schonsheck Christopher Kelly Michael Slick Wendy Mara

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