BarristerMarch2008.pdf
Transcript of BarristerMarch2008.pdf
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Broward County Bar Association1051 SE Third AvenueFort Lauderdale, Florida 33316
March 2008 VISIT OUR WEBSITE AT WWW.BROWARDBAR.ORG VOLUME 37, ISSUE 3
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FridayApril 11
NoonSoutheast Area
Members LuncheonWith Judges of the
South SatelliteCourthouse
Dave & BustersContact: BCBA954-764-8040Art ext. 204
Mike ext. 210
MondayMarch 17
Free LawLibrary
Immigration LawMain
Courthouse(954) 831-6226
Congratulations to New Circuit JudgesJudicial Robing Ceremony January 25
The HonorableMatthew I. Destry
The HonorableCarlos S. Rebollo
Court Funding Issue UpdateReprinted with permission from The Florida Bar News
By Gary Blankenship, Senior Editor
Proposed state budget cuts wouldhave devastating impacts on Floridacourts and their ability to resolve casesfor citizens, Chief Justice Fred Lewistold a key legislative committee.
Lewis testified February 19 that a 5.9percent additional cut to the courtsbudget, to be concentrated in April,May, and June, would mean rollingfurloughs of court staff and long delaysin handling cases, particularly on thecivil dockets.
Were not down to skin and bones,were talking about amputation, Lewistold the Senate Criminal and CivilJustice Appropriations Committee. . . .I recognize the economic hard times. Weare willing to be a partner [in statebudget cuts] but we do not want to bethe sacrificial lambs.
But Sen. Victor Crist, R-Tampa, chairof the committee, said the panel haslittle choice but to make painfulreductions in virtually every area itoversees, including the courts. In politebut firm tones that marked the back andforth exchanges during the meeting,Crist said the committee was given abudget allotment and had no ability to
increase that or find other revenuesources.
(Two days later, however, Cristbristled that some judges across thestate warned the legislative cuts wouldseverely hamper court operations. Seestory page 8. State Courts AdministratorLisa Goodner said after both meetingsthat detailed discussions are continuingwith both House and Senate budgetstaffers.)
Crist said the committees prioritywas to avoid cuts to the Department ofCorrections that could lead to earlyreleases for prisoners or closing juvenilejustice facilities that could lead to therelease or lack of places to housejuvenile defendants.
Everyone is coming up and sayingthe same thing, If we have cuts, theresgoing to be a crisis, Crist said.Unfortunately, we are faced right nowwith some significant shortfalls. Wecant print money; this committeedoesnt have taxing authority. . . . Wehavent got enough for the needs.
The recommendations from the staffwill not shut the government down, they
Continued on page 22
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BARRISTER 272 BARRISTER
Monday, March 3 17 G Florida Grievance Committee Meetingat the Broward County Bar Association 1051SE 3rd Avenue, Fort Lauderdale
Tuesday, March 4The Broward County Justice Association isturning 45! Tower Club (Regions BankBuilding) 5:30 7:00 PM: Cocktail Hour/CaseEvaluation7:00 8:30 PM: Dinner andProgram All of the 45 years of pastpresidents will be there. Remarks by Ray
Ferrero, Jr. & Leonard Lenny Robbins. Cost toattend: $50.00 Members, $60.00 non-members Formore information: please call (954) 522-1622 orBCBJA @att.net
Thursday, March 6BCBA Clerk & Bar Committee meeting, noon.Public Defenders Office.
Saturday, March 84 Hour Minor Guardianship Class held at theBroward County Bar Association 1051 SE 3rdAvenue, Fort Lauderdale, Cost to attend: $100.00.Please call ext. 202 to register.
Tuesday, March 11Association of South Florida Mediators andArbitrators luncheon at the Tower Club. 11:30a.m.-1:00p.m. Speaker: Barbara Beilly.Topic: Updates in Family Law RSVP to JaneGoldberg (954) 764-8040 Ext. 202 or email(www.asfma.org)
Tuesday, March 11BCBA Board of Directors meeting, 5:15 pm.
Thursday, March 13 Broward County Hispanic Bar and the WomenLawyers' Association present the new FirstAppearance Procedures featuring Judge Ana I.Gardiner. This luncheon will also include BCHBA'sElections for board and officers 2008-2009, 11:45a.m., Tower Club.
Friday, March 14The Broward County Bar Associations Family LawSection and Broward Lawyers Care - FreeIntermediate CLE Family Law Seminar. FortLauderdale Grande Hotel & Yacht Club. ContactKimberly Ligman Zaffere 954-736-2426
Saturday, March 15Adult Guardianship class, 9 am 5 pm Broward County Bar Association 1051 SE 3rd
MA
RC
H2
00
8
CALENDAR OF EVENTSAvenue, Fort Lauderdale, Cost to attend: $180.00.(954) 764-8040 ext. 202 to register.
Monday, March 17Does Immigration Law baffle you? Want to learnmore? How to find Immigration materials easily?Where to find forms? Then you will not want to missthe Law Librarys Open House, Monday, March 17,2008 from 10 am 2 pm. Visit with our Westlawexperts for research assistance. The Lamar WarrenLaw Library of Broward County, First Floor of theNorth Wing, County Courthouse, 201 S.E. 6th St., Ft.Lauderdale, FL 33301; TEL. 954-831-6226
Tuesday, March 1817 H Florida Grievance Committee Meeting at theBroward County Bar Association 1051 SE 3rdAvenue, Fort Lauderdale
Tuesday, March 18Bench and Bar Committee Meeting Noon. Lunchincluded. Broward County Bar Association 1051 SE3rd Avenue, Fort Lauderdale RSVP to (954) 764-8040
Wednesday, March 19BCBA Solo/Small Law Firm Networking GroupDinner. Airport Hilton Hotel. 6 pm. Cocktails, 7 pmdinner. $35 members - $40 non-members. RSVPrequired in advance. Call 954-764-8040 ext. 202.
Wednesday, March 26Myles German, Financial Advisor offers a FREEseminar at the Broward County Bar Association 1051SE 3rd Avenue, Fort Lauderdale 4:00p.m.-6:00 p.mFor more information and to RSVP, please call Mr.German (561) 961-9311
Thursday, March 27BCBA Young Lawyers Section Monthly Luncheon.Noon, Tower Club. $25 per person. Guest speakerBCBA President Barbara Sunshine. RSVP to Mike at954-764-8040 ext. 210.
Monday, March 31 Construction Law Committee meeting Topic:Arbitration Best Practices and Strategies forSuccessful Arbitrations-Part II at the Broward CountyBar Association 1051 SE 3rd Avenue, FortLauderdale from 12:00p.m-1:30p.m. Cost to attend:$10.00 RSVP call Brian Wolfs office. (954) 769-5323
St. Thomas More Society of South Florida
19th Annual Red Mass, Reception & DinnerThursday, April 24, 2008
Red Mass Celebrated by Archbishop John C. Favalora6:00 P.M.
St. Anthony Catholic Church
901 N. E. 2nd Street
Fort Lauderdale, Florida
Complimentary Reception-7:30 P.M.
Dinner - 8:30 P.M.
Marriott Harbor Beach Resort
3030 Holiday Drive
Fort Lauderdale, Florida
Guest Speaker: Hon. Gerald B. Tjoflat
Federal Circuit Judge, Eleventh Circuit Court of AppealsThe Edward A. McCarthy Award will be presented at the dinner to:
Hon. Federico A. Moreno, Chief Judge, U.S. District Court, Southern District$65.00 per person
Limited Seating/Reservations only/Make Reservations and send checks now.
Mail checks, made payable to St. Thomas More Society, to:
Donald A.Wich, Jr., Esq.
WICH, WICH & WICH, P.A.
2400 East Commercial Blvd., Suite #620 Coastal Tower, Fort Lauderdale, FL 33308
FOR MORE INFORMATION ABOUT THE ST. THOMAS MORE SOCIETY OR
RED MASS INFORMATION CALL 954-776-1600
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26 BARRISTER BARRISTER 3
MEMBERSHIP LUNCHEONSPLANTATIONMY TOWNYou really missed a great
luncheon on February 22 at theJacaranda Country Club in Plantation.
Over 70 members attended, including Chief Judge VictorTobin, Judge Jack Tuter, Judge Pedro Dijols, Judge StacyRoss, Judge Arlene Simon, and Judge Julio Gonzalez.The speakers were the West Courthouse Judges: Ghostof Christmas Past, Judge Steven Shutter, Ghost ofChristmas Present, Judge Jane Fishman, and two Ghostsof Christmas Future, Judge Catalina Avalos and JudgeAlan Marks. Past President Steve Moody was there, aswas Past Young Lawyers President Anne Ogden. Welearned about the past, present, and future: the first WestCourthouse was in Lauderhill with Judge Shutterpresiding; the Plantation Courthouse was opened in1992; there are no parking fees; a probate hearing can beheld by video-conferencing one time a week; there arecurrently 30,750 cases pending in addition to criminalcases; and, because of space limitations, the judges sharecourtrooms.
West members wondered why we have waited solong to include them in an area event, and when will webe doing it again!
NORTHEAST, NORTHWEST, SOUTHEAST, ANDSOUTHWESTYOUR TOWN?
Were hoping to come to your town next:Northwest is set for Friday, April 4 at Olive
Garden, 1555 North University Drive, Coral SpringsNortheast is set for Tuesday, April 8 at Steak and
Ale, 6300 North Andrews Avenue, Ft. Lauderdaleweare partnering with the North Broward Bar Association
Southeast is set for Friday, April 11 at Dave &Busters, Oakwood Plaza, Hollywood
Southwest is set for Friday, April 18 at The Ark,6255 Stirling Road, Davie
BALLOTS WILL BE MAILED APRIL 1Get ready for a new Board and new ideas! The
Ballots will be mailed on April 1 and are due on April 15.Board members will be installed at the Dinner onThursday, June 12 at the Marriott Harbor Beach.
PRESIDENTS MESSAGE by Barbara K. Sunshine
FRIENDS (AND FAMILY)Around this time, my family starts coming down.
We have company throughout the year, but especiallynow. Every Spring Break, my best friend, Kathy, and mycousin, Anne, come from the cold North to visit for aweek. The first year they came I took them to a differentbeach every dayPompano Beach, Ft. Lauderdale(Commercial Pier), Hollywood, and South Beach. Afterthat, we decided that Hollywood Beach is the best for us.The wide beach, long Broadwalk, tons of restaurants andshops, and best of all, meter parking. I am a trueSoutherner now. I have an umbrella and sunscreen at theready. Guess all that sunbathing while a teenager took itstoll. After the beach, we go shopping.
For my New Years resolution, I committed tobeing a better friend. Kathy and Anne from Lima, Ohio,my friends and neighbors from the cottage in Manistee,Michigan, college friends from Colby, Ohio University,and Nova Law, and others picked up along the way. Ithasnt been hard. I sent out a Christmas photo ofSamantha, Bill, and me and the pets. That roused aresponse from many of them, so we opened up the linesof communication right away.
My brother, Rick, and his wife, Mary Beth, arevery lucky to have several couples within a four-blockradius in Lima who get together regularly. They havebook clubs, holiday parties, and other festivities. Rickand Mary Beth will be here soon. They are ready to getout of the grey weather. We will go to the beach eitherfor breakfast, lunch, or dinner. We also take a trip withthem in the winter. This year it will be New Orleans.Ive never been there, so Im excited about staying in theFrench Quarter and being a tourist. Some of their friendsand neighbors are coming along as well.
Hope you are taking some time off, too!
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BARRISTER 254 BARRISTER
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$24.95(reg. $28.45)Expiration Date:3/1/2008
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(East Acre Village Center)Plantation, FL 33317
Contact: Ruben Horschauer(954) 581-2611
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15% offBOTOX, Facial Fillers, Microdermabrasion,
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with coupon-Dine-in only
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Contact: Nat Dorman
Discounted Nightly Rate For Stay At
Hanks CayVilla Rentals, Inc.Villa- 50% only 2/BR/2BA
Must state that you are a member of the BCBA
E-mail: [email protected]
A Special Thank YouAt press time, these are the individuals who have made contributions this current fiscal year to our Mortgage Reduction program that
was created to help BCBA pay down the mortgage on the Norma B. Howard Bar CenterEach individual received a blue and gold BCBA lapel pin.
2005 ContributorsW. George Allen
Michael J. AlmanElizabeth Athanasakos
Jay E. AuerbachThe Honorable Marcia Beach
Carl D. BerryAlan C. (Peter) Brandt, Jr.
James H. CarrollE. Hugh Chappell, Jr.
Aaron R. CohenVictor P. DeBianchi, Jr.
James P. DurkinGary M. Farmer, Jr.
The Honorable Jane D. FishmanYolanda L. Fox
Robert J. FriedmanMelinda S. Gentile
Kelly GibsonEllen Gilbert-RoseJorge E. Hurtado
Barry M. KaufmanKhila L. Khani
Thomas L. LaSalleWillie Lawson
Jody LeslieBernard J. Levy
Robin Sobo MoselleChristopher M. Neilson
Charles E. Paoli, Jr.Samuel A. Price
Kimberly A. RegisterThe Honorable Ronald J. Rothschild
Arlene Joy SimonArnold M. Straus, Jr.Barbara K. Sunshine
Tami R. WolfeAlicia Zachman
2006 ContributorsW. George Allen
Roger AllyMichael J. AlmanJay E. Auerbach
The Honorable Paul L. BackmanFrederick C. Bamman, III
The Honorable Marcia BeachAnthony J. Beisler, III
The Honorable Martin J. BidwillSamara Bober
David Wm. BooneAlan C. (Peter) Brandt, Jr.
Steven D. BravermanJames H. Carroll
The Honorable Patricia CocalisGeorge C. Cohen
The Honorable James I. CohnMichael J. Costantino
David W. CraneElizabeth G. Daugherty
Brenda Di IoiaMichael S. ElsteinBen I. Farbstein
Gary M. Farmer, Jr.Michael A. Fischler
The Honorable Jane D. FishmanRoseAnn FlynnYolanda L. FoxKelly Gibson
Steve GinestraNathaniel E. Green
Dan Davis Hallenberg
Vene M. HamiltonR. Michael HurseyJorge E. HurtadoGordon James, IIIBarry M. Kaufman
Khila L. KhaniArlene H. Lakin
Thomas D. LardinThomas L. LaSalle
Jody LeslieMargery LexaKim T. MollicaSean L. Moore
Robin Sobo MoselleKaren Myatt
Michael B. NiponBennett Oppenheimer
Thomas F. PanzaThe Honorable Carol-Lisa Phillips
The Honorable Gisele PollackLisa M. Porter
John C. PrimeauH. Mark Purdy
Raleigh R. RawlsGene F. Reibman
Terry M. RosenblumGary J. Rotella
Diana Santa MariaThe Honorable Barry S. Seltzer
Arlene Joy SimonJason E. SlatkinMartin J. Sperry
Barbara K. SunshineMeah Rothman TellMegan D. Widmeyer
William WongGhenete Wright Muir
Alicia Zachman
2007 ContributorsJeffrey A. Adelman
W. George AllenMark AllsworthJay E. Auerbach
The Honorable Paul L. BackmanAnthony J. Beisler, III
The Honorable Martin J. BidwillSandra Bonfiglio
Alan C. (Peter) Brandt, Jr.Warren Brown
Gordon C. BrydgerRobert Bulfin
Scott C. BurgessJames H. Carroll
Michele CavallaroThe Honorable James I. Cohn
Richard DeNapoliMartin S. Fein
Michael FischlerThe Honorable Jane D. Fishman
Deborah P. FitzGeraldTed P. Galatis, Jr.
Kelly GibsonSteve Ginestra
Melinda S. GentileThe Honorable Renee Goldenberg
Vene M. HamiltonThe Honorable Patti E Henning
Catherine F. HoffmanStuart N. House
R. Michael HurseyJorge E. Hurtado
The Honorable Cynthia ImperatoThe Honorable Kathleen Ireland
Neal R. KalisBarry M. Kaufman
Khila KhaniArlene H. Lakin
Thomas L. LaSalleToni Latino
Bernard J. LevyMargery J. Lexa
Carlos M. LlorenteJeffrey R. Miner
Kim MollicaRobin Moselle
Ghenette Wright MuirJoseph P. Mullen
Karen MyattBennett Oppenheimer
Thomas F. PanzaCharles E. Paoli, Jr.
Roger PicklesHope L PlevyPeter Portley
Brandan J. PrattJohn C. PrimeauH. Mark PurdyCharles Radice
The Honorable Stacy RossThe Honorable Ronald J. Rothschild
Diana Santa MariaThe Honorable Arlene Joy Simon
Martin J. SperryBarbara K. SunshineMeah Rothman TellLachezar VanchevLaura M. Watson
William WongAlicia Zachman
2008 ContributorsFrances ArnoldMichael Alman
Donna BenckensteinMichael Constantino
Nathaniel GreenScott Mager
Donald McCoyMarie Montefusco
Bernard MoyleAnthony PalmerJohn PrimeauH. Mark Purdy
The Honorable Arlene Joy Simon
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24 BARRISTER BARRISTER 5
The Broward Barrister is published by the Broward County Bar Association as a part of our commitment to provide membership with information relating toissues and concerns on the local level. Opinions and positions expressed in the
signed materialsare those of the author and may not necessarily reflect the viewsof this publication or the Broward County Bar Association.
1051 SE Third Avenue, Ft. Lauderdale, FL 33316BROWARD COUNTY BAR ASSOCIATION
OFFICERS AND DIRECTORS JULY 1 2007 JUNE 30, 2008OFFICERS
President Barbara K. Sunshine 587-9539President-Elect Christopher M. Chris Neilson 920-4529Secretary/Treasurer Carlos M. Llorente 485-4470Past President Victor P. DeBianchi, Jr. 929-6666
BOARD OF DIRECTORSSoutheastMichele A. Cavallaro 925-8228Morrie I. Levine 925-9000John C. Primeau 921-2001SouthwestDiana Santa Maria 434-1077WestRoshawn J. Banks 747-1843Jordana L. Goldstein 474-8080Marie P. Montefusco 424-4626
JUDICIAL REPRESENTATIVEThe Honorable Stacy RossEXECUTIVE DIRECTOR
Art Goldberg 764-8040 Fax: 764-8060YOUNG LAWYERS SECTION OFFICERS
President Chris D. Connally 626-0000President-Elect Scott P. Chitoff 522-2200 Secretary/Treasurer Michael B. Gilden 924-0300
FLORIDA BAR BOARD OF GOVERNORS-17TH JUDICIAL CIRCUITAllison Bethel 712-4605 Eugene Pettis 523-9922 Jesse H. Diner 925-5501 Frank C. Walker 764-7676Nancy W. Gregoire 761-8600
17TH CIRCUIT BOARD OF GOVERNORS,YOUNG LAWYERS DIVISIONScott Chitoff Felicia Jordan Adam Rabinowitz Ghenette Wright Muir
CentralAllison K. Bethel 712-4605Deborah P. FitzGerald 463-8456Ted P. Galatis, Jr. 522-6700John G. Jordan 772-8222Todd R. McPharlin 522-6601Angel Petti Rosenberg 463-9077Bruce A. Weihe 568-7000NorthwestJorge E. Hurtado 777-4711NortheastAlan S. Fishman 975-7800Patrick B. Giunta 928-0100Julie F. Klahr 771-4500
Michael G. Powell - 1st Equity Appraisals, LLCState Certified Residential Real Estate Appraiser
St. Cert. Res. REA # RD 5615
Real Estate Appraisals in Broward, Dade& Palm Beach Counties
Specializing in Estate and Divorce Settlement ValuationDate of Death Appraisals
Phone (954) 770-7597Fax (954) 306-2602
Email:[email protected]: www.1stequityappraisals.com
Message From Broward County Bar Associations Young Lawyers Section Presidentby Chris D. Connally
Although the shortest month of the year,February was still as busy as any for theYLS! February 1st was the YLS MartiniHappy Hour at Timpanos on Las Olas in Ft.Lauderdale. We had an amazing turnout
and guests were each given two martinis or drinks of theirchoice, along with appetizers in our secluded section of therestaurant. The YLS and all of the foster care childrenattendees at Holiday in January are very thankful to Timpanosfor their generosity! All of the drink tickets were donated byTimpanos and 100% of the money raised that evening wentstraight towards the purchase of gifts and pizza for the YLSAnnual Holiday in January at the Museum of Discovery &Science.
Speaking of Holiday in January, which was actually February2nd this year, the YLS and countless foster care children overthe years are most appreciative to the Museum of Discovery& Science (MODS) for their continued support. This year,children from Jack & Jill Childrens Center and ChildrensHome Society enjoyed a countless number of toys,backpacks, a pizza party and access to the MODS. The YLSwould also like to thank BCBA President-Elect, ChrisNeilson, for his role as Chris Kringle a/k/a Mr. Claus thisyear! Thank you to Frank Wagner of BNY Mellon forhelping out and to the DeBianchi family for attending andtheir continued support over the years. Mr. and Mrs. MarkButler deserve a standing ovation for their generous donationof bags and bags of toys for the children. Finally, the eventcould not have been made possible without the financial andtoy donations made by Broward Countys finest! Thank youall!
Continuing with our run of fantastic luncheon speakers, theYLS and co-host T.J. Reddick Bar Association were fortunateenough to have Broward Countys Chief Assistant StateAttorney, Chuck Morton, for the February 28th, BlackHistory Month luncheon. Those who know Chuck Morton,know he is a fascinating man and a tremendous speaker. Ofcourse, he did not disappoint and delivered a captivatingspeech for those in attendance! The YLS would like to thankChief Assistant State Attorney Morton and the T.J. ReddickBar Association for another successful luncheon!
As the YLS has done with past BCBA Presidents, we wouldlike to recognize the current President of the BCBA for herhard work and efforts on the Big Bar and would like toinvite all of you to attend the March 27th luncheon withBarbara K. Sunshine. The cost for attendance is $25.00 perperson and R.S.V.P.s can be made to the BCBA Office at954-764-8040.
In March we have some exciting events to look out for. Thisyears Bowl-A-Thon will be on Saturday, March 8th from5:30 to 8pm at Wilton Manor Lanes and is to benefit a mostworthy cause...a fight to cure cystic fibrosis. All proceedswill go to the Cystic Fibrosis Foundation and we encouragepeople to not only come out and have a great time, but to trulyhelp make a difference in the lives of so many people that areaffected by this horrible disease. The Great Strides: TakingSteps to Cure Cystic Fibrosis 5k Run/Walk will take placeSaturday, April 5th at 9:00 a.m. on Ft. Lauderdale Beach.Please contact the Cystic Fibrosis Foundation at 954-739-5006 for more information. As the softball field was underrenovation in the month of March, the YLS SoftballTournament will be placed to the side this year in favor of aKickball Tournament to be held at the end of March! We willbe sending out email blasts soon with more information.
Remember, you do not have to be young or a lawyer to attendour events! As always, should you have any questions, pleasedo not hesitate to contact Chris D. Connally [email protected].
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BARRISTER 236 BARRISTER
OFFICE SPACECORAL SPRINGSGreat location. University Drive across from "the Walk."One office (10 x 14 with window); secretarial stationsavailable; shared reception, kitchen, DSL. Professionallydecorated. Contact Mark Abzug, Esq. (954) 753-1003.
DOWNTOWNEast Las Olas impressive suite for four attorneys. Twooffices are available with secretarial stations, conferenceroom, receptionist, mail room and kitchen. Call954.838.8880.
DOWNTOWNClose to Port, hospital and Courthouse. Approximately1500 square feet available mid-August 2008 in new officebuilding. Ample parking, secured access, 9 foot ceilings,high impact glass. E-mail: [email protected] 954-764-8225
DOWNTOWNClass A downtown Broward law offices within establishedfirm. Nice appearance, collegial atmosphere. One or twooffices available, with secretarial stations. Receptionist,copier,fax, scanner and library. Call Richard at 954-463-8456.
DOWNTOWNUp to 6 furnished offices available in existing renovatedlaw firm. Includes reception area w/receptionist, twoconference rooms, internet access on T1, WI-FI, electricity,ample parking, janitorial service, copier, fax, kitchen &more. Referrals very probable. Respond [email protected] or call Jenny at 561-827-3197.
FORT LAUDERDALEE. Oakland Park Blvd. Suites from 460 sq. ft. to 1250 sq.ft. Can be combined for larger space. First and SecondFloor available. 954/564-7545 or [email protected]
FORT LAUDERDALE1800 Sq. Ft. office space for lease in well maintainedProfessional Building located on Commercial Boulevard inFort Lauderdale. Great layout includes a large conferenceroom, $2800/month includes pro rata R/E taxes, buildinginsurance, water and pest control. Please call (954) 993-4006.
FORT LAUDERDALEFour large executive offices available, fully furnished,including reception, secretarial cubicles, conference rooms,kitchen, copiers, scanner, phone/fax, DSL. Ample freeparking. Share with AV rated litigation law firm. Elegantbuilding. Beautiful spacious build out with marble andwood. One mile west of I-95; close to Turnpike. CallDiana: 954-735-0000
HOLLYWOODOn Sheridan St. W. of I-95, office with sec. station,receptionist, voice mail, kitchen, etc. Contact JeffreySolomon, 954-967-9800.
HOLLYWOODHalf mile west of I-95 on Stirling Road. Beautifullydecorated executive offices. Great location 10 minutesfrom downtown Ft. Lauderdale and downtown Hollywood.Email [email protected]. (954) 963-7220.
HOLLYWOODSpace for Lease (Immediate Availability) Perfect for SoloProfessional-First Class, lakeview office space, in suite.Emerald Lake Corporate Park, 3111 Stirling Road,Hollywood/Ft. Lauderdale. w/wo secretarial space,beautiful conference room, parking, security, maintenance,1 or 2 offices in suite, all amenities available including:Internet, Westlaw, telephone, etc. Call Diane (954) 962-5900
HOLLYWOOD3 Large offices available. Includes receptionist, beautiful
conference room with media, DSL, parking, janitorial,electricity, storage space, copier machine, fax line, andmuch more. Secretarial space available if needed.Potential for Referrals. 954-923-3603
OAKLAND PARKAtty. office for rent@ only $450/month. On Oakland ParkBoulevard, 2 blocks west of I-95. Office space includeshigh speed Internet, use of conference room and receptionarea for clients. Contact 954-494-4102.
PLANTATION1-3 spacious executive offices(furnished or unfurnished)includes all amenities in 1st-class building with law firm.High ceilings with hurricane glass and window treatments.5 conference rooms/2 kitchens/ample parking & Internet-ready. Copies/faxes/phones included. 954-474-8000 -Mary.
WESTONOne office available. 10 x 10 with window. Located inWeston near Royal Palm Bvld. Private entrance, sharedReception, conference rooms and kitchen. Internetincluded. 954 349-7988.
1. Appellate Procedure/Dismissal ofComplaint
Golden Gate Homes, LC v. L&GEngineering Services, Inc.,
33 Fla. L. Weekly D380 (Fla. 3rd DCA January 30,2008).
Although an order dismissing a complaint withoutprejudice is ordinarily considered a non-final order, itwill constitute a final order if the statute of limitationshas run. Accordingly, the Third DCA held that the trialcourt lost jurisdiction after the ten-day period forrehearing expired, and that a motion to reinstate,served later than ten days after the order, was untimely.
2. Appellate Procedure/Disqualification of JudgeSutton v. State of Florida,33 Fla. L. Weekly S76 (Fla. January 31, 2008).
Resolving a conflict of decisions between the First andFifth Districts, the supreme court held that where acounty court judge denied a motion for disqualificationand the circuit court denied a petition for prohibition toreview that order, that ruling by the circuit court wasreviewable in the district court of appeal by certiorari.
3. Insurance/Attorneys FeesContinental Casualty Company v. RyanIncorporated Eastern,33 Fla. L. Weekly S59 (Fla. January 24, 2008).
Resolving a conflict between the First and SecondDCAs, the supreme court held that a surety that has nowritten assignment from its insured and is not a namedinsured, omnibus insured, or named beneficiary underthe policy, is not entitled to attorneys fees under section627.428, Florida Statutes.
4. Jury Selection/Challenge for CauseRodriguez v. Lagomasino,33 Fla. L. Weekly D310 (Fla. 3rd DCA January 23,2008).
The Third District reversed a defense verdict in anautomobile accident case, remanding for a new trial,because the trial court failed to strike two jurors forcause. One juror had expressed negative feelings aboutan insurance claim which caused his insurance rates todouble, and the other juror stated that his belief that
there should be a cap on damages would possibly comeinto play during deliberations. The court found that theresponses given by the jurors were insufficient to showthat they had been rehabilitated, as the trial court hadfound.
5. Legal Malpractice/Limitation of Actions
TSE Industries, Inc. v. Larson & Larson, P.A.,33 Fla. L. Weekly D404 (Fla. 2nd DCA February 1,2008).
The Second District held that a legal malpractice claimarising out of a patent infringement case did not accruefor limitation of action purposes until the issue ofattorneys fees had been resolved, even though the finaljudgment on the main claim had previously becomefinal. The court certified conflict with a Fourth DCAopinion, Integrated Broadcast Services, Inc. v. Mitchel,to the extent that it held that the statute of limitations onthe underlying judgment runs when that judgmentbecomes final, even when a motion for attorneys fees orsanctions remains pending.
6. Medical Malpractice/Birth-Related NeurologicalInjury Compensation Plan
In three separate cases, questions have been certified tothe supreme court regarding the requirement that healthcare providers give pre-delivery notice to the patientregarding participation in the NICA Plan. In Weeks v.NICA, 33 Fla. L. Weekly D392 (Fla. 5th DCA January31, 2008), the Fifth District held that even though thepatient presented in an emergency medical condition,the obstetrician was not thereby excused from nothaving previously given notice, since he had beenpreviously treating the patient for that pregnancy. Thecourt receded in part from a prior decision and certifiedthe question to the supreme court. In Bayfront Medical Center, Inc. v. NICA,33 Fla. L.Weekly D217 (Fla. 2nd DCA January 16, 2008) and AllChildrens Hospital, Inc. v. DOAH, 33 Fla. L. WeeklyD226 (Fla. 2nd DCA January 16, 2008), the SecondDCA certified the question of whether a physicians pre-delivery notice to the patient of participation in the plansatisfied the notice requirement, if the hospital where thedelivery takes place failed to provide notice of any kind.In both cases, the Second DCA found that the hospitalwas not required to provide additional notice to thepatient.
RECENT DEVELOPMENTS IN THE LAWby Nancy Little Hoffmann
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22 BARRISTER BARRISTER 7
In a competitive eld with thousands of attorneys (7500 in Broward County), how does a client choose you?
Visit www.bardmarketing.com to nd out.
Why You?
Your legal marketing experts.
w w w . b a r d m a r k e t i n g . c o m 8 8 8 . 9 . B A R D Y U i n f o @ b a r d m a r k e t i n g . c o m8 8 8 . 9 2 2 . 7 3 9 8
If you answered No to this question (just likeme), then you need to attend the Broward CountyBar Associations Solo/Small Law Firm NetworkingGroup dinner on March 19, 2008 at the AirportHilton hotel. The Solo/Small Law Firm Section ofthe B.C.B.A. established this networking groupapproximately six years ago to provide anopportunity to its active participants to make moremoney by referring business to one another. Thesedinner meetings (held every other month) bringtogether attorneys from diverse practice areas andall geographic corners of Broward County.
This networking group has developed underthe leadership of Loring Spolter, the Chairman ofthe B.C.B.A. Solo/Small Law Firm section. LoringSpolter has done a fantastic job of organizing thesedinners and the entire networking group (with theassistance of B.C.B.A. Executive Director, ArtGoldberg, and his staff). Prior to dinner, there is acocktail hour where all those in attendance get tomix, mingle, and swap business cards. Personally,during the cocktail hour, Ive heard more then onegreat war story being told. When we sit down to(an ever improving) three-course dinner (no longerthe famous rubber chicken dinner, since the hotelwent back to being a Hilton hotel), the realfestivities begin. There are no outside speakers atthese dinners. As the salad is being eaten, Loringgives the basic mission statement of thenetworking group. We all follow The Florida BarRules regulating co-counseling and sharingattorneys fees. Then, first-timers normally getthe opportunity to stand up and introducethemselves (as well as the regular who broughtthem).
Next, Roshawn Banks normally introduces fiveor six law students that she brought to the dinnerfrom either St. Thomas Law School or NovaUniversity Law School. These students are inattendance looking to promote their part-timeservices during school or full-time availability upongraduation. Then, those in attendance who havereceived a referral from another member of thegroup or who have sent a referral to anothermember of the group since the last dinner meeting,get to introduce themselves and talk about theirreferrals (members such as Jesse Lieberman, BethLindie, Lawrence Livoti, and Evan Ostfeld haveearned their Black Belt in Networking. Finally,(during dessert) between five to seven members ofthe group get the opportunity to speak and make asix to eight minute presentation. These attorneystell the group what type of referrals they are looking
ARE YOU MAKING TOO MUCH MONEY ? Noby Morrie I. Levine, Esq.
for and why the group should refer potential clientsto them.
All of the attorneys in attendance at the dinnermeeting then get to have their name, contactinformation, and their areas of practice listed in adirectory published by one of our sponsors, MylesGerman. I use this directory on the average of threeor four times a week to refer potential clients tomembers of the group. I get phone calls from othermembers of the group every week with potentialclients. And Yes, I have made money from thesereferrals. By the way, attorneys in the group whodo similar work as my law office (we help peoplebuy, sell, and start-up businesses), have referredclients to us when there was a conflict-of-interestsituation or when they wanted co-counsel on adifficult situation. Accordingly, there will never betoo many attorneys in the group.
On the months in between the dinnermeetings, the networking group has luncheons indifferent locations around Broward County. Thoselunches are a subject for a future article.
will not shut the court system down. They will not cause thestate not to provide justice. What they will do is shrink theprocess, things will happen slower. There will be longer linesIt may mean layoffs, it may mean longer dockets, it may meanlonger waits for those banks that need to get foreclosures. Itmay mean a slower process. It wont mean early release orshutting down juvenile facilities or lowering lawenforcement.
Chief Justice Lewis, accompanied by Second DistrictCourt of Appeal Chief Judge Stevan Northcutt, chair of theDistrict Court of Appeal Budget Commission, and NinthCircuit Chief Judge Belvin Perry, chair of the Trial CourtBudget Committee, painted a grim picture of what the budgetcuts would mean.
Lewis said 87 percent of the states funding for the courtsgoes for salaries, so cuts that deep would mean layoffs forcourt staff. He said on average, circuit court staff would haveto have 22 unpaid furlough days in the fourth quarter for the2007-08 budget year, county court staff (basically, the countyjudges judicial assistants) would have to be furloughed for 58days or all but a few days of the fourth quarter andDCA staff would have to be furloughed for 13 days.
Because the courts have constitutional mandates to meet inhandling criminal trials, slowdowns would disproportionatelyaffect civil trials, Lewis said, leading to long delays inforeclosures, business disputes, family law cases, and othernoncriminal matters.
He also said because the court system pays lower salariesthan other branches (something the Supreme Court and TheFlorida Bar have been lobbying to correct), many furloughedemployees might find other jobs rather than return from theirunpaid leaves.
The cuts also mean eliminating civil traffic infractionhearing officers, eliminating trial court mediation programs,and reductions in several other court supporting programs,Lewis said.
Im here speaking for the entire system. If we lose thestability of the court system, if we lose the respect for the ruleof law, and we lose the respect of the citizens . . . we impacteveryone across the state, unintentionally, the chief justicesaid. Im here today pleading for a branch of government,pleading for the life of a branch of government.
We must keep the court system open and it must beadministered without denial and it must be administeredwithout delay. The [budget] picture that has been painted willnot work for Florida citizens.
The judicial officials also were there to present theirbudget requests for 2008-09. But they generallyacknowledged that there was little chance of gettingadditional funds to the court system in what will be anotheraustere budget year.t On February 22, Lisa Goodner, the state courtsadministrator, said several options were being looked at.
Since [the February 19 meeting], we have had numerousdiscussions among OSCA staff and both House and Senatestaff, going over various scenarios on what the courts might
offer that might not impact their salary budgets and createthe furlough situation, Goodner said. They are very aware on what a problem this is for thecourts and are actively looking at how to address it.
She predicted, since there were no committee meetingsscheduled for the last week of February, that it likely wouldbe during the first week of session before the budget issuesare settled.
Theres plenty of activity at the staff level to evaluatewhere we are and how we might best be able to resolve it,Goodner said.
While Crist remained firm in the meeting that the budgetcuts would have to be shared among the courts and agenciesunder the committees jurisdiction, he acknowledged theseverity of the cuts and said the legislature might have toconsider other long-term solutions, including on the revenueside of the budget.
This state needs to be taking an aggressive approach tolook at ways to ensure that everyone is paying their fairshare, he said. There are a lot of loopholes that could beclosed.
On a related topic, Crist opened the meeting by criticizinga news account that said the committee might considerdecertifying some sitting judges to help balance the budget.While all options short of early release and closing juvenilefacilities are on the table, he said it was extremely unlikelythe committee would reduce the number of judges.
Theres more chance of a meteor hitting the state thanthat happening, Crist said.
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BARRISTER 218 BARRISTER
North Broward Bar AssociationMark Your Calendar
March 11, 2008Speaker TBD
April 8, 2008Joint meeting with the North Area
members of the BCBAGuest Speakers
Judge Martin SchiffJudge Steve DeLuca
Judge Jill Levy
All luncheons will be held at 12:00p.m.at the Steak & Ale at 6300 N Andrews Ave.
For information and to RSVP:Call Alan Fishman (954) 975-7800
Monday, March 17Does Immigration Law Baffle You?
Want to learn more? How to find Immigrationmaterials easily? Where to find forms? Then you
will not want to miss the Law Librarys OpenHouse, Monday, March 17, 2008 from 10 am
2 pm. Visit with our Westlaw experts forresearch assistance.
No charges ever for searching on one of our fastpublic computers. Drop n for this demo,
training, time for questions, refreshments andone CLE credit.
The Lamar Warren Law Library of BrowardCounty, First Floor of the North Wing,
County Courthouse201 S.E. 6th St., Ft. Lauderdale, FL 33301
TEL. 954-831-6226
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BARRISTER 920 BARRISTER
Lawyers in the LIMELIGHT
Does your Evidence StorageBreak the Chain of Custody?
A key piece of evidence can make or break your case.The Evidence Storage Company (TESCO) offers you secure, independent
third party evidence storage for large or small items.
You get convenient pick-up and delivery, as well as 24/7 access for evidence examination.TESCO is licensed, bonded, and available to serve Monroe,Miami-Dade, Broward,
Palm Beach,Martin and Collier counties. Call for details.
561-302-0756www.tescoevidence.com
Morrie I. Levine, Esq., aDirector of the Broward CountyBar Association has beenappointed to a three-year term tothe Board of Directors of theLegal Aid Service of BrowardCounty, Inc. and to a three yearterm to the Board of Directorsof Coast to Coast Legal Aid ofSouth Florida, Inc.
Adam Rabinowitz has beennamed a partner with the lawfirm of Broad and Cassel.
YLS HOLIDAY IN JANUARYBCBA President-Elect Christopher M. Chris Neilson plays Santa to Broward County foster children at Young
Lawyers Section Holiday in January party at the Museum of Discovery and Scienceheld on February 2nd.
The Twenty-Eighth AnnualInstallation Brunch
of the Officers and Directors of
The Bnai Brith Justice Unit #5207
With TENTATIVE Keynote SpeakerGovernor Charlie Crist
Sunday, April 13, 2007 @ 9:30 a.m.
Weston Hotel Fort Lauderdale
400 Corporate Drive in Fort Lauderdale(I-95 & Cypress Creek Road)
A Gourmet Brunch will be served. Cost is $50
RSVP to Michael Fischler - [email protected](954-763-5778)
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BARRISTER 1910 BARRISTER
GOT CLES?
ITS ABOUT THAT TIME AGAIN!
The Broward County Bar Associations Family Law Section and Broward Lawyers Care - FreeIntermediate CLE Family Law Seminar will take place on Friday, March 14th at the Fort
Lauderdale Grande Hotel & Yacht Club.
The course fee is $135 or free to attorneys who agree to become a volunteer with BLC andaccept a pro bono case.
The topics covered in the seminar include: Annual Family Case Law Update; The CustodyCase; Kinship Project; Evidence and Related Ethical Issues; and The Hague Convention. 3
CLE + 1 Ethics
Thank you to our sponsors!Brinkley, Morgan, Solomon, Tatum, Stanley, Lunny & Crosby, LLP and
Legal Aid Services Kinship Project
Be on the lookout for our brochure in the mail or call Kimberly Zaffere at (954) 736-2426
CONGRATULATIONS TO PETER GLADSTONE ATTORNEY OF THE MONTH FOR FEBRUARY
Peter is the coordinator of Broward Countys Pro Bono Mentor program. It was formed by theFamily Law Section of the Florida Bar to provide guidance and answers to any questions
regarding family substance and procedure. Thank you Peter for providing mentors to our probono attorneys in need of assistance with family law cases. Your dedication has helped many
families in need of legal representation.
APPLAUSE!!!
Legal Aid Service of Broward Countys Executive Council welcomes their newestmember Raymond Ferrero III, Esq. We are honored to have Ray as a member of our Counciland anticipate his enormous contribution to the legal community in striving to make equal
justice a reality in Broward County!
Are You Interested in
Discount Prices forAccess to Clerks
Electronic Docket?
Call BCBAat
954-764-8040
2007 Broward County BarAssociation
Pictorial Directory$21.20 + $2.80 Postage
Total $24.00Contact: Broward County Bar Association
954-764-8040
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18 BARRISTER BARRISTER 11
GUEST SPEAKER: Patricia A. Seitz,United States District JudgeSouthern District of Florida
DATE: March 27, 2008TIME: Noon - 1:30 p.m.PLACE: Riverside Hotel, Fort Lauderdale
COST:IF PREPAID BY MARCH 20, 2008Broward Chapter-Federal Bar
Association Members: $30.00Non-Members: $35.00Judiciary: $15.00WALK-INS: Broward Chapter-Federal Bar
Association Members: $35.00Non-Members: $40.00Judiciary: $20.00
RSVP: To reserve your seat, pleasee-mail your RSVP [email protected]
NOMINATION/APPLICATION FOR THEBROWARD COUNTY BAR ASSOCIATIONS
LYNN FUTCH PROFESSIONALISM IN PRACTICE AWARD
Person Nominating: Person Nominated:Name _____________________________________ Name _______________________________________
Law Firm __________________________________ Law Firm ____________________________________
Address ___________________________________ Address _____________________________________
Telephone _________________________________ Telephone ___________________________________
Nominations should be submitted to:Art Goldberg Executive Director
Broward County Bar Association 1051 Southeast Third Avenue Fort Lauderdale, Florida 33316and must be received no later than MARCH 31, 2008
Fax: 954-764-8060This form is available for download at the BCBA website at www.browardbar.org
Criteria for Nomination:1. Current or former active and contributing member of the BCBA.2. Exhibition of the highest degree of professionalism in accordance with BCBA Standards of Professional Conduct and the
Florida Rules of Professional Conduct.3. Demonstrated respect for the law and preservation of decorum and integrity of the legal system.4. Conduct which has enhanced the image of the legal professional, either through practice or programs and activities that
educate the public about the law or the American legal system.5. Additional general characteristics:
A role model for the legal community; Integrity; Timeliness and promptness; Mentoring of others; Zealous advocacy while maintaining civility; Decorum and demeanor; Credibility; Courtesy to counsel, the court, and the parties; Preparedness.
Additional Information About NomineeExplain How and Why Nominee Rises Above Others in Exhibiting Professionalism in His/Her Practice of Law, Bar Activities,Community Activities, Other Organizations and Include Specific Examples of Conduct (Please attach a resume, if available. Also, attacha separate sheet if the space below is insufficient.):
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
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BROWARD COUNTY BARASSOCIATION
INVITES YOU TO BENEFIT FROMPARTICIPATION IN THE
SOLO / SMALL LAW FIRMNETWORKING GROUP
6:00 PM, WEDNESDAYMARCH 19, 2008
* For Attorneys in Firms with Four or fewer Lawyers
WHAT WE OFFER:- Functions Foster Interactive Networking
- Promote Your Law Firm / Enhance Visibility- Development of Referral Relationships
WHY WERE DIFFERENT:- No Outside Speakers
- You and other Participants of the Solo / Small LawFirm Networking Group are our Guest Speakers
- Pre-meal Business Card Exchange Session- Choice of Chicken, Fish or Fruit Platter.
Ft. Lauderdale Airport Hilton Hotel, 1870 Griffin Rd. at I-95When reserving at least 48 hours in advance: $35 for Broward CountyBar Association members and $40 for non-members. At door, $5 more
on a space available basis. Credit card and check payments accepted. Forfurther information, contact Broward County Bar Association
(954) 764-8040.
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BARRISTER 1712 BARRISTER
DiscountFor BCBA Members
Tropical Acres 2500 Griffin road
Discount Coupon is 25 percent off entire check
Sunday through Friday.
Max discount up to $25.Must show Barrister or clipped advertisement.
Expires June 2008.
Per Joe Studiale and Jack Studiale 12-11-07
Davie/Plantation 2205 South University Drive (954) 474-5000 Fort Lauderdale 1100 SE ird Avenue (954) 765-5500 Pompano Beach 1299 South Federal Highway, Suite B (954) 545-7700 Boca Raton 5255 North Federal Highway (561) 999-5100 Palm Beach 44 Cocoanut Row, Suite L-102 (561) 832-6200West Palm Beach 1572 Palm Beach Lakes Blvd. (561) 242-3400
Attorney focused services include: Escrow Analysis, Lockbox Processing, Bankruptcy, Trustee Accounts and Real Estate 1031 Exchange.
Free courier service to pick up and deliver non-cash transactions and documents.
Deposit accounts with no monthly fees for you,your family and your employees.
Internet access with low cost wire transactions and cash management services.
EQUAL HOUSING
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FDIC
www.regentbank.com
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BARRISTER 1316 BARRISTER
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BARRISTER 1514 BARRISTER
WORKERS COMPENSATION SEMINARThe Honorable Daniel A. Lewis with Richard Wagenheim,chair of the BCBAs Workers Compensation Section, and The Honorable Kathryn S. Pecko and TheHonorable Geraldine B. Hogan. The February 15 SeminarStayin Alive in Workers Comp Today was videotaped andwill soon be available for purchase on DVD disks.
4th DCA SEMINARJohn Uustal, chair of the BCBA Appellate Law Seminar
presents a check for $3900+ to Art Goldberg, BCBAExecutive Director. As chair of the BCBAs Appellate
Section, John was responsible for securing sponsorships fora December seminar Inside The Appellate Court: An
Afternoon with the Judges of the Fourth DCA that was heldjointly with the Palm Beach County Bar Association and the
South Palm Beach County Bar Association.
BCBA BENCH AND BAR COMMITTEE HONORSFORMER ADMINISTRATIVE JUDGES The Honorable Thomas Lynch IV, fmr. AdministrativeJudge, Circuit Civil Division, with Michael Ahearn, Vice-Chair of the BCBA Bench and Bar Committee. TheHonorable Jay Spechler, fmr. Administrative Judge,County Civil Division; The Honorable Dale Ross, fmr.Chief Judge of the 17th Judicial Circuit; The HonorableGary Cowart, fmr. Chairperson, County CriminalDivision; The Honorable Peter Skolnick, fmr.Chairperson, County Civil Division.
Plaques also were presented to The Honorable HowardZeidwig , fmr. Administrative Judge, Circuit JuvenileDivision and to The Honorable Linda Vitale, fmr.Administrative Judge Unified Family Division.
The event was held at the BCBAs Norma B. HowardBar Center on February 19th.
Judge Destry and family.
Carlos Llorente, BCBA Secretary -Treasurer, withVictor DeBianchi, BCBA Past-President. Art Goldberg,BCBA Executive Director, with Chris Neilson.
Judge Rebollo and family.
Judge MatthewDestry with BCBA
President BarbaraSunshine
Judge Carlos Rebollo,Barbara Sunshine
Christopher M. Chris Neilson, 2008 BCBA President-Elect,with Carol Ortman and Hon. Victor Tobin.
PHOTO GALLERY