St. Petersburg BAR ASSOCIATION€¦ · Many lawyers talk about the camaraderie (read: FUN) that...

BAR ASSOCIATIONJune 2011 www.stpetebar.comSt. Petersburg

Paraclete - The Magazine For The Legal Professional

Revisiting Florida Small Claims Court and the Pro Se Litigant - By Brian P. Battaglia

PACDL Again a Viable Organization - By Rebecca Hamilton

Summer Tire Safety - By Henry “Hank” Didier

Elder Law Attorneys Can Provide Guidance Through the Long-Term Care Maze - By Stephanie M. Edwards

Inside this Issue:

A Special Bar Foundation Thanks

toJohn Biesinger

forVolunteer Leadership

Contents

ST. PETERSBURG BAR ASSOCIATION

Editorial Policy: The Paraclete is published for the members of the St. Petersburg Bar Association. The magazine is published 10 times per year and welcomes submissions for publication. Publishing and editorial decisions are based on the editors’ judgment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of the magazine. From time to time the Paraclete may publish articles dealing with controversial issues. The views expressed in the Paraclete are those of the authors and not necessarily those of the editors, executive committee or officers of the St. Petersburg Bar Association. No endorsement of those views should be inferred unless speMaycifically identif ied as the of ficial policy of the St. Petersburg Bar Association. Advertising copy is reviewed, but publication herein does not imply endorsement of any product, service or opinion ad-vertised. Advertising rate cards are available upon request by calling 727-823-7474 and may be downloaded at www.stpetebar.com. © 2007 St. Petersburg Bar Association.

St. Petersburg Bar Association2880 First Avenue North

St. Petersburg, FL 33713-8604Phone: 727.823.7474 • Fax: 727.823.8166

E-mail: [email protected] Referral Service: 727.821.5450

The mission of the St. Petersburg Bar Association

is to serve the legal community, to strengthen the noble calling

of the practice of law, and to foster excellence in the profession.

Executive DirectorD. C. “Chip” Collins

[email protected]

Editor Jowita Wysocka 727-669-2828

[email protected]

Paraclete AdvertisingJoAnn Knight 727.823.7474

[email protected]

Design & Production727.239.3713

[email protected]

Features–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 6 Summer Fun - By Nora Riva Bergman

8 Revisiting Florida Small Claims Court and the Pro Se Litigant - By Brian P. Battaglia

12 PACDL Again a Viable Organization - By Rebecca Hamilton

14 Creditors, Stay Alert! You May be Able to Collect Undistributed Funds from the Trustee – By Camille J. Iurillo and Gina M. Pellegrino

16 Summer Tire Safety - By Henry “Hank” Didier

21 Elder Law Attorneys Can Provide Guidance Through the Long-Term Care Maze - By Stephanie M. Edwards

22 Women’s Entitlement to Equal Pay: A Primer - By Marcia S. Cohen

24 Administrative Support Orders for Paternity and Child Support Part II: Action for Paternity and Child Support - By Bernard R. Appleman

26 Judicial Profile: The Honorable Trish Muscarella- By Guy Perenich

Around the Bar––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

15 New Property Tax Exemption for Certain Members of the Military

17 Swearing In Ceremony and Reception

18 Law Day

20 Meet the Judges

27 Bar and Court News

In Every Issue––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

4 President’s Message

11 Young Lawyers’ Corner

28 St. Petersburg Bar Foundation

30 Community Law Program

32 What’s Up and Who’s New

34 Classifieds

Paraclete: The Spirit of Truth June 2011

www.stpetebar.com Paraclete – June 2011 3

President's Message

I’m having a hard time believing that twelve months have come and gone since I took the oath of office from

Judge Mark Shames as your 10/11 St. Pete Bar President. My mother once told me, many years ago, that the older you get, the faster time will fly by. She was right, so I must be getting much older.

I’ve taken up a lot of space in these pages to thank a lot of people in the past year. Members and staff alike have made this one of the most memorable, and certainly most productive years in our Bar Association history. I’ve had discussions with many of you to personally explain how much I appreciate your service. So many have gone above and beyond my expectations that I will never be able to thank everyone. Past Presidents, our Executive Director and staff, Officers and Board Members of both the Association and Foundation, Section Chairs, new building volunteers, etc., etc., are “Heroes All.” I’ve met many members who I simply didn’t know before…or at

least not as well as I know them now. I’ve watched our membership jump in, with renewed enthusiasm, on our new building project.

So this month, I’m not going to list names or individual accomplishments. I’m not going to do anything other than ask each and every member or friend of the Bar who reads this to get involved and stay involved with Bar activities. You have no idea how satisfying it can be. I spent years not being involved in much of anything more than family, church and work. And while those may still be my big three, my list has grown considerably over the years and so should yours.

I’m PROUD to be a lawyer and I’m proud of what our profession does for our community. Doctors spend their lives healing the body, Ministers the soul, but attorneys spend their days healing lives and communities all over our great nation. We do it with conviction and

with honor. We need to hold our heads high. Be you a Judge, a lawyer, a clerk, legal support specialist , or staff member, do what you do with integrity, honesty and professionalism. Do it for yourself, do it for your community, and do it for your profession. Respect is not bestowed, it is earned. And that is true for inside…and outside…the Courthouse.

I want to thank everyone for the honor and privilege of serving as Bar President this year. I want to especially thank my wife, Nancy, for standing with me at so many functions and activities, as well as her exemplary service to the St. Pete Bar Foundation. I would never have imagined that this lofty position would be something I would attain in my lifetime. It still overwhelms me on occasion as I’m sure it did for my predecessors. But the pleasure of service, and perhaps the few accomplishments of the past year, will be with me forever. See you around the “new” bar building!

Are You Kidding Me? By John W. Biesinger, III

4 St. Petersburg Bar Association www.stpetebar.com


Do you remember, back when you were a kid, how you felt on the last day of school? For me, the days

leading up to the last day of school were filled with anticipation of what the summer would bring. There would be so many fun things to do. If you can reach back in your memory bank, you’ll perhaps be able to recall that feeling, too. You’re sitting at your desk. The teacher sounds like the teacher in a Peanuts cartoon. All you can hear is the ticking of the clock. Tick . . . tick . . . tick. Then, the bell rings. The feeling of wild exhilaration overtakes you. Pure joy. Summer’s here. No more school. Freedom. The beach. The park. Bike riding. Picnics. Ice cream. Just plain fun.

FUN! It’s a word that is all too often absent from a lawyer’s vocabulary. But it shouldn’t be. Should it? Don’t lawyers deserve to have fun? I hope you are shouting a resounding, “Yes!” I hope you are jumping up from your chair and shouting a resounding, “Yes!”

Attorneys spend the majority of their days (and sometimes sleepless nights) carrying the weight of their clients’ problems on their shoulders. Turning off the day can be a tremendous challenge. The work is difficult. It is stressful. It is an awesome responsibility. And it is ultimately one of the most significant and rewarding professions in our world. But the nature of the practice doesn’t leave much time for that all important three-letter-word: FUN.

Many lawyers talk about the camaraderie (read: FUN) that existed in the good old days, when professionalism was

paramount. But back then, work was not a 24/7 proposition as it often is today. Back then, lawyers also set aside time to have FUN. We may not be able to turn back the clock, but we can at least choose not to be its slave. - At least not every day. Whatever is fun for you, make a commitment to have some of it! Keep it in your life. You’ll be better for it. Your loved ones will be better for it. Your clients will be better for it.

And if you’re thinking, “I’m just too busy

to have fun,” or “There are more important things to do than have fun,” you’re wrong. In The Happiness Advantage, author and former Harvard Professor Shawn Achor explains that having fun can increase your brain’s ability to think creatively. How?

Positive emotions flood our brains with dopamine and serotonin, chemicals that not only make us feel good, but dial up the learning centers of our brains to higher levels. They help us organize information, keep that information in our brain longer, and retrieve it faster later on. And they enable us to make and sustain more neural connections,

which allows us to think more quickly and creatively, become more skilled at complex analysis and problem solving, and even invent new ways of doing things.

- From The Happiness Advantage

As the song says, “These are the good old days.” (Anticipation, by Carly Simon) These days are what we make them. We do not get a second chance. Each day we

make the memories that we’ll look back on in years to come. Why not make memories of good works, good friends, and fun.

Now call a friend, tell a joke, take a walk, read a book and have some FUN.

“If people did not sometimes do silly things, nothing intelligent would ever get done.”

--Ludwig Wittgenstein

Nora works with attorneys as a business coach and certified practice advisor with Atticus. She has practiced as an employment

law attorney and certified mediator and has served as an adjunct professor at both Stetson University College of Law and the University of South Florida. She has also served as the Executive Director of the St. Petersburg Bar Association from 1999-2007. Nora is a graduate of the Leadership Development Institute at Eckerd College, and is certified in the Conflict Dynamics Profile® developed by Eckerd to help individuals and organizations learn how to deal with conflict constructively. She is also certified in the DISC Behavioral Style Assessment. Visit Nora online at www.reallifepractice.com and www.atticusonline.com.

By Nora Riva Bergman

Summer Fun


Numerous articles over the years have been written concerning ways in which the members of

The Florida Bar can enhance their image and improve their relationship with the public. Many of the discussions have centered on implementing programs which would increase the delivery of legal services to the poor by Florida lawyers.1 All of these proposals are indeed noble ones and have no doubt provided an avenue for greater representation of the defenseless and oppressed and improved the image of attorneys with the public.2

In addition to pro bono and public service activities, members of the Bar should not forget that regular daily contact with the public provides an additional opportunity in which to enhance the public’s perception of attorneys. Considering that in 2010 there were over 236,310 cases filed in Florida’s small claims courts,3 it goes without saying that one particular type of contact we have all had from time to time is a telephone call from a prospective client concerning a potential small claims matter. In instances when it is apparent that the potential cost of legal representation could equal or exceed the amount in controversy,4 it is important to take a moment to explain the small claims process to the individual who may as an alternative decide to appear pro se. An abrupt, “It would cost too much for me to represent you on such a small claim,” although possibly realistic in light of the facts, would clearly be insensitive.

Attorneys must always remember that no matter the monetary amount in controversy or the issues involved, any potential claim is of utmost importance to the individual seeking the attorney’s guidance and should be treated as such. Whether that particular individual ultimately retains you, discusses his or her case with another attorney, or chooses to go it alone, a few moments spent discussing

the small claims court procedure will result in the individual being better informed about the small claims court process, and available options. An attorney should never forget that the law, including the small claims court rules, can at times seem like a foreign language to the layperson. Thus, lawyers, because of their education and daily practice, are the only individuals who can truly provide the public access to an understanding of the law. Taking a few moments to discuss the small claims court process and being sensitive to the individual’s needs will surely foster better relations between members of the Bar and the public.

The following outline has been prepared to provide an overview of the Florida Small Claims Court in order to assist the practitioner, who sooner or later, will be contacted by an individual concerning a potential small claims matter.5

Jurisdiction

The small claims court, which is sometimes referred to as the people’s court, hears all actions at law in which the claim for damages or property involved does not exceed $5,000.00 exclusive of costs, interest, and attorneys’ fees.6

Commencing the Action

An action in small claims court is commenced by filing the initial pleading, which is called a statement of claim, with the clerk of the county court, small claims division.7 The statement of claim informs the defendant of the specific claim being asserted against him or her by the plaintiff.8

The potential pro se litigant will be nervous and uncertain about preparing the statement of claim. Reassure the individual that under the small claims court rules enacted by the Florida Supreme Court, the small claims court clerk is instructed to assist in the preparation of a

statement of claim and other papers to be filed in a small claims action.9 However, this does not mean the small claims court clerk will draft the statement of claim or provide legal advice.

In addition, you may want to mention that there are approved statement of claim forms contained in the rules10 and some of the small claims court clerk’s offices in Florida have various preprinted statement of claim forms that relate to different causes of action.

Statement of Claim

The caption of the statement of claim should identify the plaintiff and the defendant11 as follows:

(i) If the suit is against an individual, the caption will read:

PLAINTIFF’S NAME v. PERSON DOE

(ii) If the suit is against a sole proprietorship that is unincorporated, the caption will read:

PLAINTIFF’S NAME v. PERSON DOE, d/b/a XYZ COMPANY

(iii) If the suit is against a partnership, sue the partnership and all general partners as:

PLAINTIFF’S NAME v. DOE ENTERPRISES, a Florida General

Partnership and Person Doe, General Partner of DOE ENTERPRISES, a Florida

General Partnership

(iv) If the suit is against a corporation, the caption is:

PLAINTIFF’S NAME v. DOE COMPANY, INC.

If the individual is unsure of the status of the defendant, suggest contacting the secretary of state in Tallahassee to ascertain if the defendant is a corporation. The secretary of state maintains corporate and

By Brian P. Battaglia

Revisiting Florida Small Claims Court and the Pro Se Litigant*

*This article originally appeared in the Florida Bar Journal and has since been updated by its author.

fictitious name information.12

Because each claim is different, it is important for the individual to set forth in the statement of claim the specific facts and type of relief being sought.

Check List for Statement of Claim

i) Are all proper plaintiffs named?

ii) Are all proper defendants named?

iii) If the claim is based on a written document, a copy must be attached to the statement of claim.13

iv) Is the claim for less than $5,000 exclusive of costs, interest, and attorneys’ fees?14

v) Has the proper claim been asserted? (breach of contract, account stated, worthless check, etc.)

Venue

The individual should also be informed that the statement of claim is to be filed in the county with proper venue. Venue is determined by the following criteria:

i) Where a contract was entered into;

ii) If the suit is based on an unsecured promissory note, where the note is signed or where the maker resides.

iii) If the suit is to recover property or to foreclose a lien, where the property is located.

iv) Where the event giving rise to the suit occurred.

v) Where any one or more of the defendants sued reside.

vi) Any location agreed to in a contract.

vii) In any action for money due, if there is no agreement as to where the suit may be filed, where payment is to be made.15

Summons

Once the statement of claim is completed and filed, a summons entitled notice to appear, stating the time and place of a hearing, is issued by the small claims clerk.16 The summons is provided to the defendant along with the statement of claim, notifying

the defendant that he or she is being sued and when the first hearing, called the pretrial conference, will take place. 17

There are three methods for serving the summons and statement of claim on a defendant:

i) The sheriff or a private process server will deliver the summons and statement of claim to the defendant as provided by law. There is a charge associated with delivering the summons to the defendant, but under some circumstances there will be no alternative.

ii) Constructive service/service by publication, may be used as provided by Florida law. However, constructive service is a very complicated method of service and should not be attempted if one is unsure of the procedure.

iii) Service by registered mail may be used. The summons and statement of claim must be sent by certified mail with a return receipt requested. The receipt must be signed by the defendant or someone authorized to receive mail at the residence or principal place of business of the defendant. Service of process by mail is only authorized when the defendant is a Florida resident.18

Pretrial Conference

The summons, notice to appear, along with the statement of claim, advise both the plaintiff and defendant of the first date that they are to appear in court. The first court appearance is called the pretrial conference.19 Both parties must appear at the pretrial conference.20 If the plaintiff does not appear, the statement of claim may be dismissed.21 If the defendant does not appear, the plaintiff may be entitled to a default judgment against the defendant.22 In the event both parties appear at the pretrial conference, the judge or hearing officer will discuss with the parties the possibility of settling the case.23 In the event the parties agree to settle the case, then a settlement stipulation will be signed by the parties.24 If it does not appear that the case can be settled at the pretrial conference, the case will be set for trial no more than 60 days from the date of the pretrial conference.25

Counterclaims

The defendant is entitled to bring a counterclaim against the plaintiff, if such a claim exists. The individual should be advised of the two types of counterclaims – compulsory and permissive – and the time limits for filing such claims.26

A compulsory counterclaim is one that concerns the same transaction or occurrence that is the subject of the plaintiff’s statement of claim. A compulsory counterclaim must be filed not less than five days prior to the pretrial conference date or within the time designated by the court.27 If not brought within the required time limit, a compulsory counterclaim is considered to be abandoned by the defendant and may not be raised at a later time. 28 A permissive counterclaim is one that the defendant has against the plaintiff that does not relate to the same transaction or occurrence that is the basis of the plaintiff’s statement of claim. It also must be filed not less than five days prior to the pretrial conference date or within the timeframe designated by the court.29

A counterclaim must be filed with the clerk of the small claims court. Unlike the statement of claim, which receives a summons issued by the clerk, the counterclaim must be served on the opposing party.30 Papers that are to be served on a party must include a certificate of service.31 The certificate should be in the following form:

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy hereof has been furnished to (insert names

of parties) by (specify delivery or mail) this _____ day of _____________, 20_ _.

Trial

On the day of the trial, all parties must appear. In order to properly present the case, the individual should be advised that organization and proper preparation are the keys to increasing his or her chance to prevail. The parties should make sure that any documents to be used at trial are marked as exhibits and that copies are available for the judge. Witnesses should arrive early and be prepared to testify.

Continued on page 10



Revisiting Florida Small Claims Court and the Pro Se Litigant (Continued from page 9)

It should also be pointed out that at the discretion of the judge, testimony of any party or witness may be presented over the telephone. In addition, an attorney may represent a party or witness over the telephone, if permitted by the judge.

In order to secure substantial justice, the small claims court rules also require the judge to assist each party not represented by an attorney with regard to the procedures to be followed, presentation of material evidence, and questions of law. The rules of evidence are also to be liberally construed. Although the trial is to be conducted informally, it still takes place in a court of law. Therefore, the individual should be reminded to use a courteous and respectful manner.

Judgment

If an individual successfully prevails on the statement of claim or counterclaim, the judge will enter a judgment in the individual’s favor. Collecting a judgment may be a difficult and complex matter. The small claims rules address the limited collection procedures available under those rules. However, the individual should be cautioned that it may be necessary to consult with an attorney when it comes time to collect the judgment.

Conclusion

Please note that in reviewing the small claims process, the prospective pro se litigant should be reminded to carefully review the rules which may be obtained

online and make sure to remind him or her to take the time and effort to properly prepare the case which will be necessary to increase the potential for a successful outcome.

Brian P. Battaglia, Esq., is a shareholder with the law firm of Battaglia, Ross, Dicus & Wein, P.A. in St. Petersburg, Florida and has an AV® Preeminent Peer Review Rating from Martindale-Hubbell. Brian P. Battaglia practices litigation in the state and federal courts, and currently serves on the Board of Trustees for UPARC, the Advisory Board for The Florida State University School of Criminology and Criminal Justice and is a Director on the C.S.S.A.A. Board for the Culver Academies in Culver, Indiana.

1 Hill, Devising a Pro Bono Plan that Works, 66 Fla. B.J.6 (May 1992); Hill, Is Professionalism Dead?, 65 Fla. B.J.8 (July/August, 1991); Harkness, The Pro Bono Work You Never Hear About, 64 Fla. B.J. 10(June 1990); Zack, To Volunteer To Help Is To Light a Candle of Hope, 64 Fla. B.J.4 (March 1990); Earle, A Methodology for Providing Legal Aid, 64 Fla. B.J. 74 (74(Feb. 1990); Rizzardi, Defining Professionalism: I Know It When I See It? 79 Fla. B.J. 7 (July/August, 2005); Also see, The Henry Latimer Center for Professionalism, The Florida Bar and Continuing education. “The general goal of the professionalism CLE requirement is to create a forum in which lawyers, judges, and legal educators can explore and reflect upon the meaning and goals of professionalism in contemporary legal practice. As well, on May 16, 1990, the Board of Governors of the Florida Bar approved the Ideals and Goals of Professionalism which included aspirational standards addressing the responsibility of lawyers to the public generally and to public service.

2 Oath of Admission to The Florida Bar: “[N]ever reject, from any consideration personal to myself, the cause of the defenseless or oppressed….”

3 See Summary Reporting System, Office of the (Florida) State Courts Administrator. In the Sixth Judicial Circuit (Pasco and Pinellas Counties) from 2004 to 2009, the average number of annual filings in small claims court has been 14,734 cases. See Sixth Judicial Circuit Summary Reporting Systems Statistics, 2004-2009 at www.jud6.org/General Public/Statistics.html.

4 FLA. SM. CL. R. 7.010(b); monetary

jurisdiction of small claims court limited to $5,000- exclusive of costs, interest, and attorneys’ fees.

5 See, Florida Small Claims Court Rules, 7.010 to 7.350.

6 See note 4, supra.

7 FLA. SM. CL. R. 7.050(a).

8 Id.

9 Id.

10 FLA. SM. CL. R. 7.330 (auto negligence); 7.331 (for goods sold); 7.332 (for work done and materials furnished); 7.333 (for money lent); 7.334 (promissory note).

11 FLA. SM. CL. R. 7.060(a) and FLA. SM. CL. R. 7.310.

12 See, www.sunbiz.org , Florida Department of State, Division of Corporations.

13 FLA. SM. CL. R. 7.050(a)(1).

14 FLA. SM. CL. R. 7.010(b).

15 FLA. SM. CL. R. 7.060.

16 Id.

17 Id.

18 FLA. SM. CL. R. 7.070.

19 FLA. SM. CL. R. 7.090(b).

20 FLA. SM. CL. R. 7.090(a).

21 FLA. SM. CL. R. 7.160(a).

22 FLA. SM. CL. R. 7.170(a).

23 FLA. SM. CL. R. 7.090(b).

24 FLA. SM. CL. R. 7.345.

25 FLA. SM. CL. R. 7.090(d).

26 FLA. SM. CL. R. 7.100.

27 FLA. SM. CL. R. 7.100(a).

28 Id.

29 FLA. SM. CL. R. 7.100(b).

30 FLA. SM. CL. R. 7.100(c).

31 FLA. SM. CL. R. 7.080(e).

32 FLA. SM. CL. R. 7.140(f ).

33 Id.

34 FLA. SM. CL. R. 7.140(e).

35 FLA. SM. CL. R. 7.140(f ).

36 Id.

37 FLA. SM. CL. R. 7.340 (final judgment); 7.341 (execution); 7.342 (ex parte motion and order for hearing in aid of execution).


As many of you know, this is the end of my second year as Chair of the St. Pete Bar’s Young Lawyer Section.

My two-year tenure as Chair has provided me extraordinary opportunities I might not otherwise have had and I am grateful for each and every one of them. One of the most memorable occasions I’ve had the privilege and honor of being involved with is the purchase of the St. Pete Bar Foundation and Association’s new home. What a remarkable accomplishment! Thank you to everybody, especially the young lawyers, who helped make it possible.

I have said this in the past, and it bears repeating: Chairing this group has allowed me to meet many people I might not otherwise have met and to be part of events that are fun, fulfilling, and rewarding. The YLS is a diverse group of attorneys, mostly new to the practice of law or at least new to the practice of law in St. Petersburg. I invite you to become involved in the YLS and experience the same! Remember, the more active you are, the more benefit you’ll receive!

Our group continues to be active in the community, both legal and non-legal, and the following is a summary of recent past events as well as upcoming events.

Recent Past Events

YLS Judicial Reception: Thank you to Kristina Feher of Feher Law for chairing our annual Judicial Reception! The reception, held at The Palladium, provided a wonderful venue to mix and mingle. We had a fabulous turnout and wish to thank everybody, especially members of our judiciary for attending the reception.

YLS Spring Meet the Judges Lunch: Thank you to Ashley Elmore Drew for chairing this event. The Spring Meet the Judges Lunch was held at the St. Pete Courthouse and was well attended by judges, their assistants, and lawyers. Thank

you to everybody who helped make this a great event!

Upcoming Events

YLS Summer Social: Calling all YLS members and young lawyers for an evening of fun and relaxing at the beach! Our summer social, chaired by Andrew Crawford, will be June 30 at Twisted Tarpon (formerly Philthy Phil’s) from 6 to 9. Watch your e-mail for the drink specials!!

Holidays in July 2011: On July 23, the YLS will host the annual Holidays in July for local children who are, in one way of another, in the “system.” Scott Richards, of Fowler, White, Boggs, P.A., is this year’s chair. Please contact him at [email protected] to sponsor and/or volunteer.

June 15, 2011 YLS meeting: 6 p.m. at St. Pete Ale House (7901 Dr. MLK, Jr. St. N)

YLS Fall Meet the Judges Lunch: The Fall Meet the Judges Lunch is slated to be held at the Criminal Justice Center. Please contact me at [email protected] if you are interested in chairing this event.

Oktoberfest 2011: Come out and mingle with your fellow bar members, enjoy live music and eat great food! Oktoberfest 2011, by popular demand, is scheduled for Saturday November 5, 2010, from 6:30 p.m. to 10:30 p.m., along the waterfront at USF. Shawna Mucario is this year’s chair. Please contact her at [email protected] to sponsor this fun event – we are seeking table sponsors (prepare your favorite dish) and monetary sponsors! We hope to see you at this fun event!! Tickets purchased in advance are $25 per person.

In addition to the above events, the YLS has obtained from The Florida Bar Young Lawyer Division grants to put on several legal and community programs.

Those programs include: Afternoon at the Courthouse, a Reverse Technology CLE, and a community program “A New Day.” “A New Day” is aimed at providing the unemployed with the tools (resume assistance) and skills (interviewing), as well as self-confidence, to re-enter the workplace.

As of July 1, 2011, I will leave my position as Chair of the YLS but will continue to serve the St. Petersburg Bar Association as Secretary. Thank you for the opportunity to serve and help grow the YLS over the past two years.

On behalf of the YLS, I invite you to get involved and make a difference – we’re always looking for new faces and event ideas! Our organization is what we make it.

By Robyn M. Featherston


Many of you know, but some may not, that PACDL was jump started again in late 2010 with

the help of the Florida Criminal Defense Lawyers Association (FACDL).

On September 30, 2010, local criminal defense attorneys and FACDL members Varinia Van Ness, Richard Hersch of Miami (former president of FACDL) and Brian Tannebaum (current president of FACDL) attended a PACDL party graciously hosted by longtime FACDL and PACDL member Denis DeVlaming at his Clearwater office. At this meeting, plans were hatched and support was garnered for a renewed commitment to the strength and mission of PACDL.

Soon thereafter, PACDL’s new officers were elected: Marc Pelletier as President, Craig Whisenhunt as Vice President, Craig Epifanio as Treasurer, Seth Kerr as Secretary, and myself as Membership Chair, along with Veronica Burianek as Membership Co-Chair.

Since October, PACDL has held informative and engaging monthly meetings. In January 2011, Chief Judge J. Thomas McGrady, with Circuit Court Judge Philip Federico and County Court Judge James Pierce met with our members at Bascom’s restaurant to have a casual and informative exchange on expectations from the Bench of the Criminal Defense Bar. In May, we headed to Tampa to enjoy a luncheon and tour of Turning Point, a private treatment facility for substance abuse. Each meeting provides PACDL members with updates in case law and

dialogues on important topics such as sentencing.

PACDL provided practical and necessary assistance in providing competent representation to our clients. A major logistical problem for defense lawyers practicing in Pinellas County appeared in early 2011. Sheriff Jim Coats had implemented a policy barring private criminal defense lawyers from visiting prospective clients in the Pinellas County Jail if they had not filed a Notice of Appearance. A policy that was well-intentioned and designed to protect inmates had the unintended consequence of interfering with the business of defense lawyers and the advocacy of inmates. After PACDL President Marc Pelletier met with the Sheriff Coats, the policy was quickly reversed.

PACDL meets the second Wednesday of every month. In June we are sharing motions that are particularly effective in

court on a variety of topics. At its August 10, 2011 lunch meeting, PACDL has invited former state criminal prosecutor, long time Florida Bar Disciplinary Counsel, and current Bar Professional Ethics Committee member Joseph Corsmeier to speak on important and current ethics issues and tips for criminal defense lawyers. Even more important is that PACDL has applied for 1 hour of Bar ethics CLE credit for the presentation!

As many of you know, Joe is well known as an ethics “go to” guy and as a speaker on ethics topics relating to ethical pitfalls and considerations for lawyers and criminal law practitioners We expect Joe to have a lively and interactive presentation so be sure to bring your questions with you to the meeting!

PACDL is now on FACEBOOK and can be found at www.PACDL.com, where a list serve is in the works for members to exchange information.

If you are not a current member and would like an application, please contact Membership Chair Rebecca Hamilton at [email protected]. Once a member, you will receive email reminders of meeting dates, times and topics. We look forward to seeing you at our next meeting!

Rebecca Hamilton practices criminal defense in Pinellas County, with her principal office in downtown St. Petersburg. She also has offices in Clearwater and Hyde Park. She may be reached at 727-471-3555 or visit www.hamiltonlawservices.com.

By Rebecca Hamilton

PACDL Again a Viable Organization

Mission Statement of PACDL: The Pinellas County Criminal Defense Lawyers Association promotes the competent defense of the accused through the exchange of information and ideas in pursuit of professionalism, integrity and fair play.


The Young Lawyers Sectionof the St. Pete Bar

will host

OKTOBERFEST 2011Saturday, November 5, 2011

6:30 to 10:30 PMUSF St. Pete Bayboro Campus

$25 cost includes: Food, Drink,Music & FUN!

Event and Food TableSponsorships Available.

SAVE THE DATE

Download a sponsor form or registration form on thecalendar at www.stpetebar.com

Contact event chair, Shawna Mucario 727-710-1412 or [email protected] for more information.


Creditors, Stay Alert! You May Be Able to Collect Undistributed Funds from the Trustee

By Camille J. Iurillo and Gina M. Pellegrino

In a recent case, decided by the Bankruptcy Court, Middle District of Florida,1 the Court held that a creditor

in a Chapter 13 bankruptcy case could garnish undistributed funds in the Chapter 13 trustee’s possession. A summary of the Fischer case is discussed below.

In Fischer, the debtor filed a Chapter 13 bankruptcy case and the Court entered an order (referred to as the “Dismissal Order”), dismissing the debtor’s Chapter 13 case when the debtor could no longer make timely monthly payments to the Chapter 13 trustee and directing the Chapter 13 trustee to turn over to the debtor any undistributed funds in the Chapter 13 trustee’s possession.2 After the Dismissal Order was entered by the Court, a creditor of the debtor, Chase Bank, received a Writ of Garnishment from a Florida state court as a result of being a judgment creditor and served the Writ on the Chapter 13 Trustee, seeking to garnish the undistributed funds in the Chapter 13 trustee’s possession. Thereafter, the debtor filed a notice with the Court, requesting to convert the Chapter 13 case to a Chapter 7 case and the Court granted the conversion.3

The Chapter 13 trustee then filed a Motion to Determine Whether an Order of the Court to Turn Over Funds to the

Debtor Can be Superseded by a Writ of Garnishment Issued by Another Court (referred to as the “Trustee’s Motion”).4 In its consideration of the Trustee’s Motion, the Court in Fischer explained that section 1326(a) of the Bankruptcy Code requires a Chapter 13 trustee to forward to the debtor any remaining funds upon dismissal of the bankruptcy case, absent any exceptions.5 The Court in Fischer also noted that the bankruptcy courts are split as to whether a creditor can garnish funds intended for the debtor but in the possession of the trustee. The bankruptcy courts prohibiting such garnishment reason that it should not be allowed pursuant to the plain meaning of section 1326(a)(2) of the Bankruptcy Code and public policy concerns.6 Section 1326(a)(2) provides in pertinent part: “the trustee shall return any such payments not previously paid and not yet due and owing to creditors…to the debtor.”7 To the contrary, the bankruptcy courts permitting such garnishment reason that it should be allowed because the automatic stay in place upon the filing of the bankruptcy case lifts upon the dismissal of the bankruptcy case, the bankruptcy estate terminates upon the dismissal of the bankruptcy case, and the bankruptcy trustee retaining any funds belonging to the debtor becomes “in effect a debtor of the debtor.”8 The Court in

Fischer agreed with the reasoning set forth by the courts allowing the garnishment.9

. The Court reasoned “[i]f the trustee is holding funds that belong to the debtor, vis-a-vis a third party creditor with a writ of garnishment, the trustee is just like any other ‘debtor of the debtor,’ and a creditor should not be prevented from garnishing such funds.”10 The Court also explained that nothing in the Bankruptcy Code prevents garnishment nor prohibits a trustee from complying with a writ of garnishment.11

The Court held that the Bankruptcy Code permits garnishment of funds held by a Chapter 13 trustee after dismissal of a case, concluding “[i]f a diligent creditor’s attorney serves a writ of garnishment on the trustee between dismissal and the time it takes for the trustee to administer the estate and return any leftover funds to the debtor, the creditor should be allowed to garnish such funds.”12

Iurillo & Associates, P.A., located in downtown St. Petersburg, is comprised of Camille J. Iurillo, Shareholder, Gina M. Pellegrino, Associate, and Sabrina C. Beavens, Associate. The primary areas of practice of Iurillo & Associates, P.A. are Commercial and Bankruptcy Litigation, Debtors’ and Creditors’ Rights, and Foreclosures/Workouts.

1 In re Fischer, 432 B.R. 863 (Bankr. M.D. Fla. 2010).2 Id. at 864. 3 Id.4 Id. 5 Id. at 865.6 Id.

7 See, 11 U.S.C. § 1326(a)(2). 8 Fischer, 432 B.R. at 865. 9 Id.10 Id.11 Id. 12 Id. at 865-6.

June 2011M E M B E R A P P R E C I AT I O N R A F F L E W I N N E R

J a m e s C . R u s s i c k

Sponsored by

New Property Tax Exemption for Certain Members of the Military


During this past legislative session the Florida Legislature acted on Amendment 2, an amendment that creates an additional homestead exemption for members of the active duty military or military reserves, the United States Coast Guard or its reserves, or the Florida National Guard. Those who qualify are members who already have a homestead exemption, and who were deployed outside of the United States in support of Operations Enduring Freedom, Iraqi Freedom, or New Dawn. This exemption begins for the 2011 tax year, and will be based upon the number of days in the previous calendar year that the person was deployed on active duty in support of those operations.

The statute requires a servicemember to make an application by March 1 annually. Since the bill passed after that date this year, the filing deadline for 2011 has been extended to June 1. If you miss the filing

deadline for any reason, please contact the Property Appraiser’s office right away. A servicemember’s spouse or designee, or a representative of his or her estate, may file an application on behalf of an eligible servicemember. The application is available on the Property Appraiser’s website at www.pcpao.org.

This new exemption is different from Homestead and other exemptions, because there is not a set dollar amount to be exempted. Rather, the bill creates a prorated percentage to be exempt based on the amount of time the service-member was deployed during the previous year.

Summary of New Exemption:

Who qualifies?

A servicemember who currently receives a homestead exemption; AND Who was deployed during 2010 on active duty

outside the US, Alaska or Hawaii; AND

Who served in Operations Enduring Freedom, Iraqi Freedom, OR New Dawn

This exemption is state-wide, so contact the Property Appraiser in your county.

In addition, another, separate constitutional amendment will be placed on the ballot in 2012 that would expand the availability of the combat-related disabled veterans discount to veterans who are over 65 and who entered the military while a resident of another state. Currently, the discount is only available to veterans who were residents of Florida when they entered the military. If passed, this expanded exemption will be effective for the 2013 tax roll.

For more information contact: Pam Dubov, Pinellas County Property Appraiser 727-464-3294.


The summer sun heats everything up in Florida, including the roadways, which can reach temperatures in

excess of 120 degrees. And, hot asphalt means hot tires, which speeds deterioration and increases the risk of tire failure.

AAA estimates it changed 75,000 flat tires last year over the Fourth of July holiday weekend alone. Tire failures can be caused by a variety of factors, including: under or over-inflation, poor maintenance, tire aging, or a design or manufacturing defect. Any of these can contribute to tread separations, and, when tires fail, loss of control accidents and rollovers can occur. When you add extended summer heat to the mix, it only exasperates the likelihood of such incidents.

With regard to proper inflation, the key is to maintain tire pressure, which can be tricky in the summertime as heat causes the air inside the tire to expand and overinflate. In an overinflated tire, the center section of the tread balloons outward, focusing weight on the center of the tire. Conversely, driving on underinflated tires causes the sidewall to bulge and wear unevenly, reducing tire life and potentially leading to a sudden tire failure. Accordingly, drivers are responsible for regularly checking their tire pressure as the summer months approach.

Similarly, proper maintenance is important to minimize the likelihood that a tire may fail. By keeping an eye on a tire’s tread, looking for any obvious signs of exterior damage, and being otherwise generally aware of the overall condition of a vehicle’s tires, tire failures due to poor maintenance can be avoided. Of course, having skilled tire professionals check and rotate tires regularly is always a good practice, and can serve as a preventative safety measure. Not all problems with tires can be seen, but regular visual inspections can help identify potential problems in

some instances.

In some cases, however, the visual appearance of the tire itself may not tell the whole story. A tire may simply be too old to withstand the heat and pressure of the road, regardless of how a tire appears, even if the tire has perfectly good tread depth left. It is now recommended that tires be replaced after six years, regardless of tread depth. Aged tires are often unsuspectingly mounted on a vehicle after having served as a spare, being stored in garages or warehouses, or simply having been used on a vehicle that is infrequently driven. In many instances these tires show no visible sign of deterioration, and absent any visible indicators such as dry rot, tires with adequate tread depth are likely to be put into service without consideration of age. At the end of the day, this can be dangerous. Tires are made of rubber, and, rubber deteriorates over time due to various factors, including heat. If a tire is six years of age or older, then it should be replaced.

Tires can also fail due to design or manufacturing defects, even despite being properly maintained and inflated over their entire useful life. As the Firestone tire litigation demonstrated, tires failures can and do occur if proper design considerations are not made, or if poor manufacturing processes are employed.

While tire manufacturing is relatively low tech, tires may not be formed correctly leading to increased incidents of tread separations. For example, the fusing which occurs during vulcanization may not be done properly, causing incomplete adhesion of the tires components. The physical changes that a tire undergoes over time also reduce the effectiveness of the bonding of the tread to the tire carcass, leading to undesired separation of these two components. These defects are often undetectable to consumers, but, many experts now acknowledge that when such defects exist, heat can contribute to them more readily manifesting themselves in a tread separation.

To help consumers compare a passenger car tire’s treadwear rate, traction performance, and temperature resistance, the Federal government requires tire manufacturers to grade tires in these three areas. This grading system, known as the Uniform Tire Quality Grading System, provides guidelines for making relative comparisons when buying new tires. From highest to lowest, a tire’s resistance to heat is graded as A, B, or C. The temperature grades represent the tire’s resistance to the generation of heat when tested under controlled conditions on a specified indoor laboratory test wheel. Federal law requires that all tires meet at least the minimal requirements of Grade C. This system of grading exists because heat and tire failures are related, and, therefore, it is that much more important that consumers are aware of tire safety issues as the heat of summer grows.

Henry “Hank” Didier, founder of the Didier Law Firm, P.A., specializes in litigating cases involving unsafe airbags, tire failures, heavy truck accidents, ATV accidents, defective helmets and more. He can be reached at [email protected].

By Henry “Hank” Didier

Summer Tire Safety


Coordinated ByThe Clearwater Bar Association

Young Lawyers Division&

The St. Petersburg Bar AssociationYoung Lawyers Section

Thank you to our Sponsors

The Centersand

Stetson Universtiy College of Law

Swearing In Ceremony & ReceptionApril 29, 2011

2011 LAW DAY 5KRUNNING 4 THE

LAW Saturday, April 16, 2011

Crescent Lake Park

Thank you to our sponsors!

Gazelle SponsorsBuckley, Zinober & Curtis P.A.

Law Offices of Carin M. Constantine

Dion R. Hancock, P.A.

Penguin SponsorsClarie Law Offices, P.A.

Fowler White Boggs

Marone Law Group

In-Kind Sponsors:Sirata Beach Resort

Chick-Fil-A

Global Compassion Ministries, Inc. in partnership with Panera

Bread

Louis Pappas Restaurant

McDonald’s

St. Pete Museum of Fine Arts

Sweetbay

Wal-Mart

Special Thanks to Tree of Life Church of God for the

tables & chairs!

ST. PETERSBURG BAR ASSOCIATION AND

ST. PETERSBURG BAR FOUNDATION

2011 LAW DAY LUNCHEON

APRIL 29, 2011

Thank You to our Sponsors!

GOLD SPONSORFifth Third Bank

BLUE SPONSORSThe CentersWestlawNext

RED SPONSORSAsset Registry, LLC

D’Elia Financial GroupFlorida Judicial Services, LLC

St. Pete Bar members and guests celebrated Law Day on

Friday, April 29th at the Mirror Lake Lyceum.

Highlights of this special day were:

• The Judge Paul H. Roney Essay Scholarship was presented to Alana Horner

• The 5/3 Bank and Young Lawyers Section Scholarship was presented to Stephen Urchick

• The Joyce Ann Nelle Legal Assistant Scholarship was accepted by Deborah Eldridge for Chelsea Farley, who also received the award in 2010

• The 5/3 Bank and St. Petersburg Bar Association 2011 Professionalism Award was awarded to Thomas D. Masterson

• Elementary School Students from local bay area schools were awarded Savings Bonds and Certificates for the Cheryl Smith-Khan Law Day Poster Contest

• The Liberty Bell Award was awarded to Dr. Frederic Guerrier

• The Judicial Appreciation Award was presented to the Honorable Mark I. Shames

THANK YOU TO OUR SPONSORS

GOLD SPONSORSCarlton Fields

Roger D. Futerman & Associates Gallagher & Associates Law Firm, P.A.

Trenam Kemker

SILVER SPONSOREnglander and Fischer, LLP

YOUNG LAWYERS SECTIONMEET THE JUDGES

WEDNESDAY, MAY 4, 2011ST. PETERSBURG JUDICIAL BUILDING



What should I do about Mom? When that question is prompted by declining health,

it can become a very complicated question very quickly. For example, if Mom cannot safely stay in her house any longer, does that mean she has to move into a nursing home? Are there less drastic options for getting Mom some assistance? How much will it cost to get Mom the help she needs? What can Mom afford? What if Mom runs out of money? Where is the best place to start looking for answers to these questions?

The best place to start is with an elder law attorney. Elder law attorneys are a resource for a wide range of issues that arise as part of the aging process. However, in this article, I am going to focus on the assistance elder law attorneys can provide in navigating the often overwhelming maze of long-term care choices.

What is long-term care? Long-term care is the assistance that people who aren’t as independent as they used to be need to help them live their daily lives. Long-term care services can be provided in the home, in an assisted living community or in a nursing home. Much to the surprise of some, Medicare is not a viable option for paying for long-term care services. It only pays for long-term care services in very limited situations and for very limited periods of time. This means Medicare is not the safety net that some people expect for a chronic illness based long-term care need.

If Medicare is not the answer, then what is? There are three general ways to pay for chronic illness based long-term care services. They are 1) a person’s own funds, 2) long-term care insurance and

3) Medicaid. Which option is the most viable depends in part upon how early a person starts to plan for the possibility of a long-term care need. For example, if long-term care insurance isn’t considered while a person is still in good health, that option is lost as a planning tool.

Many people think they are preparing themselves for the aging process by putting their estate plans in place. An estate plan is a very proactive way to make sure that

loved ones and assets are protected in case of death. However, it does not necessarily protect their loved ones and assets if they live, develop a chronic illness and need costly long-term care services. An elder law attorney can work with their estate planning attorney, financial planner, accountant and insurance advisor to put a protective plan in place for living as well as dying.

Encouraging people to plan can be a challenge because of their reluctance to imagine suffering from an incapacitating chronic illness. However, once people realize the extent of the financial risk chronic illness poses to themselves and their families, they better understand the need

to plan. For example, in the Tampa Bay area, the average annual cost for a private room in an assisted living community is $31,800 and the average annual cost for a semi-private room in a nursing home is $77,380 according to the 2011 Genworth Cost of Care Survey. 1

Although a lack of planning limits options, an elder law attorney can still assist a person struggling to cope with the emotional and financial challenges of an

unplanned long-term care crisis. In these unplanned crisis situations, many people have to turn to Medicaid for help in paying their long-term care costs. Medicaid is a needs based program with strict asset and income limitations. An elder law attorney can assist with both getting the person needing care qualified for the Medicaid program and putting a financial safety net in place for the spouse remaining in the community.

Planning for the realities of long-term care will likely become even

more complex as aging Baby Boomers and federal and state budget deficits present new challenges to the long-term care system. As these long-term care choices evolve and change, more than ever before the guidance of an elder law attorney can provide the peace of mind Mom and her loved ones crave as she passes through the aging phases of her life.

Stephanie M. Edwards concentrates her practice at Edwards Elder Law, P.A. in Elder Law, Medicaid Planning, Veterans Benefits, Special Needs Trusts and Estate Planning. She can be reached at [email protected] or (727) 209-8282.

Elder Law Attorneys Can Provide Guidance Through the Long-Term Care Maze

By Stephanie M. Edwards


Although Congress passed the Equal Pay Act in 1963 as an amendment to the Fair Labor Standards Act,

it has not proven successful in remedying pay inequality between men and women. The Equal Pay Act provides that employers may not pay men and women unequal compensation where they perform substantially similar work, but there were many loopholes in that statute allowing employers to escape liability for unequal pay, particularly where they could justify the unequal pay on the basis of “a factor other than sex.” Most federal courts have interpreted this defense as requiring the employer to show that there was a legitimate business reason for the pay differential. Some courts, however, have ruled that a business-related reason was not necessary and that the employer’s justification need not even be wise or reasonable.

Another difficulty faced by women who suspected they were not being equally compensated for equal work has been employer pay secrecy policies. Many employers forbid their employees to discuss their pay with one another and punish those who do. This roadblock often prevents women workers from discovering that they are not being paid as well as the men who work beside them.

A bill was introduced in Congress that would have remedied this problem. The Paycheck Fairness Act passed the House of Representatives on January 9, 2009, but was prevented from being brought up for debate and vote by a minority of Senators on November 17, 2010. It is still possible that this bill will be re-introduced in Congress.

At present, women employees who seek to learn what their male counterparts are earning are still at risk for retaliation by their employers, as are men who voluntarily disclose their pay to their female co-workers.

As though these difficulties were not severe enough, in 2007, the U.S. Supreme Court

put another obstacle in the path of women’s pay equality. Lilly Ledbetter had sued her employer, Goodyear Tire & Rubber Co., under the Equal Pay Act, when she learned that she had been paid less than her male counterparts for many years. The Supreme Court held that, since the employer’s initial pay decision had been taken years before Ms. Ledbetter discovered the pay inequity, she could not sue her employer under the Equal Pay Act because the decision had not been made within the 180 day statute of limitations before she filed her complaint.

Fortunately, Congress overrode this unjust Supreme Court opinion and passed the Lilly Ledbetter Fair Pay Act of 2009. The Act provides that each discriminatory paycheck, not just the employer’s first decision to pay the woman unequally, resets the time to file a pay discrimination claim. The Ledbetter Act made it easier for female workers to file pay claims, even if they discover the unequal pay years after it began.

A woman discovering that she is being paid less than her male co-worker should first go to her employer or its Human Resources department about the discrepancy. Be aware, however, that the employee risks retaliation for alleging that she has been the subject of discrimination.

If a union represents the affected employee, she may be protected against unequal pay by the National Labor Relations Act, if she has engaged in concerted action to remedy pay violations against other women employees, and should therefore contact her union representative.

If the employer is unwilling to rectify the inequality, she may then file a charge with the Equal Employment Opportunity Commission and/or a state human rights agency alleging pay discrimination under Title VII of the Civil Rights Act of 1964,which protects employees against sex discrimination, as well as the Equal

Pay Act. Remedies for pay discrimination under the Equal Pay Act and Title VII are different, so it may be best to make claims under both statutes. It is not necessary to file a charge with the EEOC if the woman is making a claim only under the Equal Pay Act. In that case, she can file suit against her employer immediately after learning of the pay inequality.

A lawsuit alleging pay discrimination may be filed in federal or state court. If the woman has filed a charge with the EEOC under Title VII, she need not wait until the agency has investigated her claims, but may request a notice of right to sue within the period specified under Title VII. After her receipt of the notice of right to sue, she will have 90 days within which to file a lawsuit against the employer.

The most recent U.S. Census showed that women still earn approximately 77% of what men earn. Women workers can be proactive about the continuing wage disparity by lobbying their congressmen and congresswomen to pass the Paycheck Fairness Act.

This is a brief overview of equal pay law and is not meant to be a full explanation of a woman’s right to pay equality. A woman concerned that she may not be receiving compensation commensurate with that of her male colleagues should contact an experienced employment discrimination attorney for legal advice.

Marcia S. Cohen holds a Bachelor of Arts degree in Education from Roosevelt University of Chicago, a Masters degree in Music Composition from Northwestern University, and received her Juris Doctor degree from Stetson University College of Law in 1984. Since becoming a member of The Florida Bar, she has practiced almost exclusively in the area of labor and employment law with a concentration in employment discrimination and sexual harassment. She is also of counsel to the law firm of Cabinet Cimadevilla in Paris, France.

By Marcia S. Cohen

Women’s Entitlement to Equal Pay: A Primer


This article describes the procedures and rules to establish, enforce and modify Department of Revenue

(DOR) administrative orders for paternity and child support. Part I addressed the procedure for DNA testing in actions where the paternity has not been previously established. This part describes the procedures for establishing and modifying administrative orders.

Establishing Administrative Support Orders

DOR may seek paternity and child support following determination of positive DNA as described in Part I or in child support cases where paternity has already been established. DOR serves the obligor and notices the obligee (parent or other person to receive support), informing them of the intent to establish an administrative support order.**

After taking financial information from both parties, DOR forwards to the obligor a proposed administrative order for paternity (if not already established), and child support.1 Within 10 days after being served with the proposed order, the obligor may again request an informal review and within 20 days after receiving results of the informal review, obligor may request a formal hearing before DOAH. If a hearing is not timely requested, DOR may render a final order.

At the conclusion of the DOAH hearing, if supported by the evidence, the ALJ enters a final administrative order, including paternity (if at issue), child support and retroactive support, and an income deduction order (if support sought), and provisions for health care.2 After DOR renders the order, jurisdiction is remanded to the DOR.

Within 30 days, either party may appeal to the District Court of Appeal.3 Filing of the appeal does not stay enforcement of

the agency’s decision.

Modification, Enforcement, and Superseding Administrative Support Orders

The clerk of the circuit court sets up a case number for the administrative support order for accounting purposes only. The circuit court has no jurisdiction to modify the order. The administrative order has the same effect as a judicial order and can be enforced in all manners provided for a circuit court order except for contempt.4

DOR administrative enforcement tools include suspension of driver’s license or motor vehicle registration, intercept of IRS tax refund, and lien on property. In order to enforce contempt actions, a party must file a petition for the circuit court to enforce the administrative order.

DOR may modify the administrative order and render a new order using the same procedure as for entering the original order. In order to change the support amount in circuit court, a party must file a petition for a superseding order, i.e. an order that “prospectively changes the support obligation in an administrative support order.”5 It is important to use the term “superseding order.” It is not a modification as there is no circuit court order to modify. An order that merely enforces an administrative order does not supersede it for purposes of modification.

As with a modification of a child support order in circuit court, the superseding order is effective from the date of filing. Unlike a modification of a circuit court order, however, superseding an administrative order does not require proof of a change in circumstances.

Other differences between DOAH actions and circuit court actions

An ALJ is authorized to grant or deny the petition for paternity and child support.6

Accordingly, an ALJ is not authorized to issue a temporary order or to reserve on issues.

The Uniform Rules of Procedure, which apply in DOAH hearings, differ in several respects from the Florida Rules of Civil Procedure.

• Procedure for continuances: “Continuances may be granted for good cause shown, but except in emergency, requests shall be made at least 5 days prior to hearing.” (28-106.210, FAC).

• Hearsay evidence “may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding unless as an exception to the hearsay.” (28-106.213, FAC).

**If obligor has previously been served with a proposed DNA order, service by mail is adequate for the paternity and child support notice.

Conclusion

The DOR is increasingly using the administrative process as an alternative to the circuit court to establish paternity and child support orders. This article has reviewed the actions for DOR to establish such orders, the process for a hearing before DOAH, and the procedures for modifying administrative orders.

Bernard R. Appleman is a staff attorney at Community Law Program, primarily representing clients in family law cases. Previously, he was employed by the Office of the Attorney General in Child Support Enforcement and by the Florida Department of Environmental Protection.

Administrative Support Orders for Paternity and Child SupportPart II: Action for Paternity and Child Support

By Bernard R. Appleman

1 §409.2563 (5), F.S. 2 §409.2563(7), F.S. 3 §409.2563(10)(a), F.S. 4 §409.2563(9)(d), F.S. 5 §409.2563(10)(c), F.S. 6 §409.2563(7)(a), F.S.


KENNETH C. DEACON, JR.

Mediation - Arbitration

Certified Circuit Court Mediator

Board Certified Civil Trial Lawyer- Florida Bar Board of Certifications

AV - Rated (for over thirty years)

Past Governor - The Florida Bar

Past President -St. Petersburg Bar Association

2008 Recipient of the Barney Award for Ethics, Professionalism and Legal Experience

Elected as Florida Super Lawyer (2002-2011)

Ken Deacon has over forty years civil trial experience and has tried, as lead counsel, well over 100 major civil jury trials to their

conclusion. Ken has represented both plaintiffs and defendants.

100 Second Avenue South

Suite 902

St. Petersburg, FL 33701

Phone: 727-551-0000

Toll Free: 866-800-0426


Judicial Profile: The Honorable Trish Muscarella

By Guy Perenich

So intent and dedicated was Judge Muscarella to learning the ropes of her incipient career on the bench,

she never saw the sun on the way in to the office nor on the way home after a full day. Of course, the new commute from her home deep in the heart of Clearwater to her assignment to the Family Division in West Pasco County presented its own challenges for one that was not known to be a “morning person.” But upon being instantly immersed in her new job, Judge Muscarella’s excitement for serving her community and making decisions that affect the lives of those before her has provided a burst of energy to start every day. “I am committed to being the best possible judge,” and it’s not uncommon for her to work twelve hours a day.

Having known Judge Muscarella since she was a child, I saw in her the same sharp analytical thought, fair-mindedness for others and boldness of spirit possessed by her father, Frank J. Muscarella, my first law partner. Frank was known for his larger than life personality and this was never on display more than when we would try cases together when Frank, with his booming voice and passionate advocacy took command of the courtroom. Of all of Frank’s daughters, none take after their father more than Judge Muscarella, who I still affectionately know only as “Trish.” I would like to believe that Trish was inspired in some small degree from our courthouse exploits, as on many family get togethers she would listen intently to Frank and me talk about our cases and trials. Today I know that like her father and in a truer sense, now, Trish has taken “command of the courtroom.”

The transition from private practice as an AV-rated business attorney to the

bench has been challenging yet extremely rewarding for Judge Muscarella. Her varied background in business law and real estate has been a valuable asset, as family law involves real property, tax, and numerous other practice areas. Judge Muscarella notes also that her ten years of experience as a mediator, arbitrator, and Special Master “have given me a particular advantage in serving the people of this circuit.”

Judge Muscarella attended the University of Florida, where she earned

a B.A. in special education. She worked her way through school by owning and operating a home for handicapped adults. During law school at Stetson College of Law and for several years after graduation, she owned and operated a commercial real estate firm. Following approximately fifteen years of private practice, Judge Muscarella was certified as a Florida Supreme Court Civil/Circuit Mediator and mediated over 1,000 cases involving the Lemon Law, insurance, and foreclosure, among others. She also served as an arbitrator as well as Special Master in over 300 cases for the Pinellas County Construction Licensing Board and the Pinellas County Value Adjustment Board.

On a personal level, Judge Muscarella deeply appreciates the opportunity to help others. From her unique vantage point on the bench, Judge Muscarella has maintained the human side of her profession. She recognizes that family law is unique to the extent of the human drama that unfolds in front of her throughout the day and the gamut of emotions involved, from the joy of adoption to the sorrow of removing children from their home to protect their best interests.

“I cry in happiness over adoption cases,” Judge Muscarella reflects. “Those are the best hearings to have.”

Guy Perenich founded Muscarella & Perenich with Judge Muscarella’s father Frank in 1955. Although Guy retired from the practice of law several years ago, four of his sons are carrying on the family tradition at PERENICH The Law Firm and Perenich, Caulfield, Avril & Noyes.


Bar and Court News

PINELLAS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (PACDL)

The Pinellas Association of Criminal Defense Lawyers monthly meetings are held the second Wednesday of each month. Locations vary, but are frequently at the Criminal Justice Center from 11:30 to 1:00 p.m. Lunch is typically provided. For more information on PACDL please contact Rebecca Hamilton for the location at [email protected] or 727-471-3555 or contact Seth Kerr at [email protected] or 727-772-1941. All attorneys are welcome to attend.

ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS

The St. Petersburg Association of Legal Support Specialists monthly meetings are held the first Tuesday of each month. However, some months they will be combining meetings. The next meeting is: Date/Time: Tuesday, August 2, 2011 – 5:45 p.m.Program: July/August Membership MeetingLocation: Orange Blossom Catering 220 4th Street North, St. Petersburg

Calendar these future dates now: October 4, November 1, December 6, February 7, 2012, March 6 and April 3. Reservations are required. All legal support staff and attorneys are welcome too. Contact Susan Batchelder for more information at 727-502-8219

PINELLAS COUNTY PARALEGALS

The Pinellas County Chapter of the Paralegal Association of Florida, Inc., meets on the second Tuesday of each month. The next meeting is:Date/Time: Tuesday, July 12, 2011 – 6:15 p.m.Topic: Outsourcing of Legal WorkSpeaker: Eric E. Ludin, Esq.Location: Antonio’s Pasta Grille 2755 Ulmerton Rd., Clearwater

Paralegals, student paralegals, non-members and attorneys are always welcome. For further information or to make reservations, please contact Cynthia Stephens: [email protected] or Chrystal Lunsford. For more information on the local chapter contact Chrystal Lunsford at [email protected] or visit the Paralegal Association of Florida website at www.pafinc.org.

ASSOCIATION OF LEGAL ADMINISTRATORS – SUNCOAST CHAPTER

The Association of Legal Administrators - Suncoast Chapter normally meets the second Wednesday of the month. The next meeting is:

Date/Time: Wednesday, July 13, 2011 – 11:45 p.m.Topic: To Be AnnouncedLocation: Feather Sound Country Club 2201 Feather Sound Drive, Clearwater

For more information please contact Eric Hinote at [email protected] or visit the ALA website at http://www.alasuncoast.org/ for more information.

June 2011


St. Petersburg Bar Foundation

The mission of the St. Petersburg Bar Foundation is to fund, develop and promote efforts which enhance the legal profession and encourage better public understanding and access to the judicial system.

By Robert Kapusta, Jr., Foundation President

The past year for the St. Petersburg Bar Foundation has been a milestone year. On December 29,

2010 the Foundation closed on the St. Petersburg Bar Law Center Building – we finally have a home. The purchase of the St. Petersburg Bar Law Center Building was only made possible through the efforts of many people.

I have been involved in a number of projects over the years and a distinguishing characteristic for this project is the fact that instead of 20% of the people doing 80% of the work we had broad participation from many different people in many different ways. There were numerous financial contributions made but in addition a large volunteer workforce participated in refurbishing the building. We even had high school volunteers helping us. When the need arose, there was always somebody there to step up and meet the need. There is not enough room to individually list everybody who helped so I would like to collectively thank everybody who helped us with this purchase.

In addition to the time and effort spent towards acquiring the building, the

Foundation during the past year continued its many other activities. Along with the Clearwater Bar Foundation, we are funding the “law office” at Finance Park and Enterprise Village at the Pinellas Education Foundation Stavros Institute. This provides an opportunity for students to experience different legal problems that often arise in people’s lives. We have also continued to fund the Pinellas Secondary Middle School which provides students with a chance to turn their lives around. Another worthy cause that we continue to support is the Community Law Program working closely with them to assist in funding their various needs. I just recently attended an awards ceremony at which the Foundation awarded a $500.00 scholarship for the Pinellas County Teen Court Essay Contest winner. In addition to this scholarship, we continue to fund the Joyce Ann Nelle Legal Assistant Scholarship, Judge Thomas E. Penick, Jr. Award for Community Service and the Judge Paul H. Roney Law Day Essay Contest. We also continue to fund the Judge Frank H. White Diversity Scholarship which is given to a minority student at Stetson University College of Law.

In addition, this year the Foundation is also managing the law day activities (which really take place over the course of a month). As you can see, the Foundation has been extremely active. I would like to thank Beth Horner, Erin Barnett, Greg Hoag, Jason Moyer, Jeannine Williams, Jim Thaler, Lenny Englander, Nancy Biesinger and Tom Masterson, trustees of the Foundation, who have, through their dedication, made all this possible.

One of the objectives of the Foundation is to gain a prominence in the community to allow the public to appreciate and recognize the positive impact that the legal profession provides. As can be seen from our activities during the course of the last year, we are well on our way to gaining such prominence. The acquisition of the building has raised the Bar’s profile in our community. It has also, I believe, generated much more interest and enthusiasm for both the Bar Foundation and the Bar Association. We need to keep this momentum going and capitalize on it. If anyone has any thoughts or ideas about any new programs or initiatives that the Foundation should start please let me know.


by Kimberly Rodgers

Community Law Program, Inc.is a non-profit corporation formed in 1989 by members of the St. Petersburg Bar Association concerned about the civil legal needs of low income residents of Southern Pinellas County, Florida. Over the years, CLP has recruited a panel of approximately 400 St. Petersburg area attorneys who provide free assistance to thousands of people in need of civil legal assistance each year. To volunteer for pro bono servive, contact Community Law Program at 727-582-7480.

Now that we have had an opportunity to gather all of our year end statistics, prepare our

major year end grant reports, and conclude our annual audit for 2010, I am happy to report that CLP has had yet another busy and successful year of providing valuable programs and services to our community. For this month’s column, I’d like to take a moment to summarize some of our major accomplishments during 2010 and to thank the many volunteer attorneys who individually and collectively made the majority of these services possible.

From our inception, CLP’s hallmark has been its advice clinic program. This past year, we continued to organize and recruit volunteer attorneys to staff 20+ free legal advice clinics and self help classes each month resulting in serving 1,283 poor and underserved clients. In 2010, we added a clinic designed to assist clients with matters that can be filed in small claims court. This clinic is now held every 2nd Tuesday of the month at our office and is staffed by attorneys with the law firm of Banker Lopez Gassler, P.A. Our Courthouse Legal Assistance Clinic, which is a walk-in clinic held every Wednesday continued to be our busiest clinic. We streamlined this clinic somewhat in 2010 by limiting the area of assistance to family law. This change allowed us to better direct our clients in need of civil legal assistance to other more substantively specialized clinics, such as our probate clinic.

In addition to our advice clinic program, we placed 123 clients, including eligible non-profit organizations through our Community Counsel Program, with volunteer attorneys for extended representation. We also provided free legal assistance, including extended

representation, to an additional 235 clients with the 2.0 PTE dedicated staff attorneys working for CLP. This direct representation resulted in the recovery of $246,630.00 in tangible benefits for these clients,

With the receipt of one-time stimulus funding, we were also able to make a number of significant expansions/improvements to our existing services in 2010. We received stimulus funding from Florida Coalition against Domestic Violence and were able to assist 53 survivors of domestic violence referred to us by CASA and the Haven of RCS, Inc. in domestic violence return hearings. Since this funding was limited in duration, we also started a domestic violence injunction return hearing pro bono panel last May in an effort to maintain these services beyond the duration of the funding. To date, we are still able to provide these services to clients utilizing pro bono resources. Also, with additional funding from the Dept. of Community Affairs passed through the Florida Bar Foundation and with stimulus funding from the U.S. Dept. of Justice, we increased our capacity to provide free legal assistance to homeowners facing foreclosure, including representing them in foreclosure mediations. We also participated in a local collaborative project whereby we provided increased awareness of and outreach within our community on the subject of avoiding becoming victimized by foreclosure fraud schemes.

The vast majority of the services described herein were provided by 141 private attorneys within our community who collectively donated $418,705.00 worth of legal services. Our 2010 Annual Report, which I am currently working on, will feature a special acknowledgment

to each of these attorneys by name. In the meantime, I would like to take this opportunity to thank the following specific attorneys, who were recognized publicly at the St. Pete Bar Association’s Law Day Luncheon on April 29th and on our website, as the 2011 Lapel Pin Recipients:

Louie N. Adcock Jr.

Patricia Alten

Bernard R. Appleman

David Blum

W. G. Bostick, Jr.

Brett M. Cameron

Larry Cangro

Kevin A. Carreno

Beth J. Casey

Martin J. Champagne Jr.

Russell L. Cheatham III

Beth M. Coleman

Carin M. Constantine

Laurel C. Farrell

Wesley J. Flagler

Linda K. Gruszynski

Brendan N. Guilford

Patrick J. Halpin

John M. Hamilton III

Thea L. Janeway

Lyndy C. Jennings

Therese P. Kane

Year End Review


John E. Kassos

Joanne F. Killeen

Patricia M. Lee

Jessica M. Lowe

Nawal B. McDaniel

Farzad M. Milani

Timothy A. Miller

Kristen L. Mory

William L. Penrose

Gary L. Potts

Donald P. Reed

James C. Runyon

Barry M. Salzman

Charles M. Samaha

Mary F. Selter

Murray B. Silverstein

William D. Slicker

Jeannine S. Williams

Jowita L. Wysocka

These attorneys are being specifically singled out among our panel of volunteer attorneys because they donated a minimum of 20 hours of time to providing pro bono legal assistance to clients through our organization in 2010 based upon completed and reported matters. This recognition is part of a statewide pro bono recognition collaborative effort among the Florida Supreme Court, the Florida Pro Bono Coordinators Association (of which Liz and I are members), and the Young Lawyers Division of The Florida Bar.

As a final and perhaps the most significant accomplishment during 2010, CLP celebrated its 21st anniversary with a formal dinner in October featuring keynote speakers Jesse Diner, immediate past president of The Florida Bar, Adele Stone, immediate past president of the Florida Bar Foundation, and special guest, Judge William Van Nortwick, Jr. of the First DCA. It was an exceptional treat to

have all three of these individuals share in our anniversary celebration, particularly because they also represent the trilogy leadership of the statewide pro bono ONE campaign. This event was spearheaded by Mary Evertz, CLP board of trustees member, and CLP’s fund development committee, which was chaired by former board member, Jowita Wysocka.


What’s Up and Who’s New June 2011

Attorney R. Donald “Don” Mastry was appointed to the Board of Directors of the Tampa Bay Research Institute (TBRI), a non-profit biomedical research institute that aims to study, cure and prevent cancer and chronic debilitation diseases. He has served as a board member or trustee of numerous local non-profit organizations including All Children’s Hospital, Shorecrest Preparatory School, St. Petersburg Chamber of Commerce, St. Petersburg Downtown Partnership, and Rotary Club of St. Petersburg. Mr. Mastry is a Shareholder with Trenam Kemker in the firm’s St. Petersburg office. He has represented business owners, professionals and executives for over 40 years in corporate, general business, zoning and real estate matters, as well as estate planning, life insurance, revocable trusts to avoid probate, wills, buy-sell agreements, and documentation and planning relative to closely held businesses.

For the ninth consecutive year, Adams and Reese ranked among the nation’s 250 largest firms, according to The National Law Journal’s “NLJ 250.” Adams and Reese increased its attorney count by 22 to 264 in 2010, up from 242 in 2009, to hold steady on the NLJ List at No. 162. The firm ranked No.161 on the 2009 list and No.170 on the 2008 list. Adams and Reese has maintained a spot among the prestigious “NLJ 250” firms since breaking onto the list in 2003.

Christopher D. Marone recently formed Marone Law Group, PLC and is pleased to announce that Kenneth R. Swearingen,

Jr., Ryan S. Burke, Melissa L. Kelley, Daniel J. Ewin, David E. Hall, Mark A. Sodhi, Wesley C. Dicus and W. Bradley Burnette have joined the firm. Marone Law Group, PLC is located at 360 Central Ave, Suite 1100, St. Petersburg, FL 33701, (727) 828-8555.

WestlawNext named New Product of the Year by AALL: The American Association of Law Libraries (AALL) announced that it will present its 2011 New Product of the Year award to WestlawNext™, our groundbreaking legal research service launched in 2010. “WestlawNext was purpose-built over the course of five years to meet the needs of all legal researchers, so being named New Product of the Year by AALL is especially meaningful to my team and to me,” said Mike Dahn, chief marketing and product development officer, Westlaw U.S. “I’m so proud of the development and design work that our talented team put into this product – we all share in this award together.”

The AALL New Product of the Year award honors new commercial information products that enhance or improve existing law library services or procedures, or innovative products that improve access to legal information, the legal research process or procedures for technical processing of library materials. The formal award presentation will occur during the AALL Annual Meeting & Conference in Philadelphia, July 23-26, 2011. To learn more or see a demonstration, please call Jay Fakterowitz at 727-939-2677.

NEW & REINSTATED MEMBERS

DIAMOND, BENJAMIN FRANK401 E. Jackson St., Suite 1700Tampa, FL 33602Phone: 813-209-5024 Fax: 813-223-2837E-mail:[email protected] degree from Yale University. JD from the University of Florida College of Law. Admitted to The Florida Bar 2004. Mr. Diamond is Of Counsel with Akerman Senterfitt.

GUNDERSON, MATTHEW THOMAS1950 First Ave. N.St. Petersburg, FL 33713Phone: 821-7100 Fax: 821-7171E-mail: [email protected] from the University of Massachusetts, Boston. JD from Stetson University College of Law. Admitted to The Florida Bar 2011. Mr. Gunderson is a teacher with Imagine Schools.

HIGHTOWER, EDWIN E., JR.140 18th Ave. N.St. Petersburg, FL 33704Phone: 323-0675 Fax: 323-0675E-mail: [email protected] from the University of Denver. JD from the University of Miami School of Law. Admitted to The Florida Bar 1995. Mr. Hightower is a sole practitioner.

JONES, DARBY 1355 Pinellas Bayway S.Tierra Verde, FL 33715Phone” 260-1130 Fax: sameE-mail: [email protected] degree from the University of South Florida. JD from Washington

September 2011 Issue.....................Copy must be received by noon, July 15th, 2011

October 2011 Issue...............Copy must be receieved by noon, August 15th, 2011

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– Copy and ads received after the deadline will run in the next issue –

P a r a c l e t e A r t i c l e & A d S u b m i s s i o n D e a d l i n e s

www.stpetebar.com Paraclete – November 2009 33

College of Law. Admitted to The Florida Bar 1992. Ms. Jones is a sole practitioner.

MASTERSON, COLBY100 Second Ave. S.St. Petersburg, FL 33701Phone: 895-1718 Fax: 896-9711E-mail: [email protected] degree from Florida State University. JD from Florida State University College of Law. Admitted to The Florida Bar 2006. Mr. Masterson is an Investment Consultant with Northern Trust.

MCKYTON, CATHY3507 E. Frontage Road, Suite 350Tampa, FL 33607Phone: 813-287-7960 Fax: 813-281-5520E-mail: [email protected] from Florida State University. JD from Stetson University College of Law. Admitted to The Florida Bar 1997. Ms. McKyton is the assistant Statewide Prosecutor with the office of the Statewide Prosecution.

NARVAEZ, FERNANDO V.4925 Independence Parkway, Suite 195Tampa, FL 33634

Phone: 813-221-1300 Fax: 813-221-1702E-mail: [email protected] from the University of South Florida. JD from Notre Dame Law School. Admitted to The Florida Bar 2010. Mr. Narvaez is an associate with Michael Steinberg & Associates.

NAYROUZ, PETER501 1st Ave. N, Suite 900St. Petersburg, FL 33701Phone: 825-3600 Fax: 821-1968E-mail: [email protected] from the University of Florida. JD from Stetson University College of Law. Admitted to The Florida Bar 2010. Mr. Nayrouz is an associate with Banker Lopez Gassler.

WHEELER, CARISSA R.P.O. Box 3342St. Petersburg, FL 33731-3342Phone: 825-7600 Fax: 552-2231E-mail: [email protected] degree from Indiana University. JD from Indiana University Maurer School of Law. Admitted to The Florida Bar 2011. Ms. Wheeler is with the Office of the Attorney General.


ST. PETERSBURG- 5225 Central Ave N. Great law office location, ample parking, completely remodeled. Newer roof and A/C, kitchen, bath, front reception area, 4 private offices and conference room. Phone system and quality furniture negotiable. This is a turn-key opportunity! Offered at $189,000 Call Dan Charette - RE/MAX Metro 727-455-1815.

ST. PETERSBURG – 7235 1st Ave. So. – Office building for sale or lease. 2400’ MOL. Corner lot. Abundant parking. Recent interior renovations. Significant furnishings included. Turnkey for law or accounting firm. Call Jay Verona at 727-898-7210.

ST. PETERSBURG – Senior Practitioner has office space for lease with amenities. Large offices less than 1 block from St. Petersburg Courthouse with assigned off street parking space. Common use of reception area, Florida library, closing and break rooms, utilities except telephone, included. Contact Joe Lang 727-894-0676 for more details.

ST. PETERSBURG – COURTHOUSE SQUARE, office space for lease in downtown at 600 First Avenue North, across from the Courthouse. Covered parking, full services. Professional legal office environment, home to some of the “Best Lawyers in Tampa Bay.” One 2150 sq. ft. suite available. Call 727-821-6699 or email [email protected].

ST. PETERSBURG – DOWNTOWN: “The Paramount” 721 First Avenue North. One Block from courthouse/county building. Professional offices from $750/month. Virtual offices from $250/month. “NEW” Art Deco construction. Receptionist in stunning atrium waiting area. Beautifully appointed conference rooms. Fax/copiers, state of the art telephone system, gorgeous kitchen/lounge, much more! Sarah W. Parker 727-502-0255.

ST. PETERSBURG – DOWNTOWN BY COURTHOUSE: Office space for rent on first floor adjacent to the Courthouse; 525 – 1st Avenue North; Completely renovated, Move in ready; Three offices plus waiting area; 700 square feet; Annual lease; $975 per month full service gross; Contact Fogarty & Finch, Inc., Chris Finch, owner/licensed RE Broker 727-822-4343.

EXPAND YOUR PRACTICE! VETERANS NEED REPRESENTATION AND ARE NOW PERMITTED TO PAY LAWYERS. Learn about the new rules and the VA Benefits system at NOVA’s St. Pete Beach SEMINAR AND NEW PRACTITIONER’S TRAINING, September 22-24, 2011. NOVA has been training and mentoring lawyers since 1993. For more information: www.vetadvocates.com 202-587-5708.

Classifieds

Office Space: Veterans Law Training:

WILL SEARCHAnyone with information on a Last Will and Testament for

Louise Del Signore, a resident of St. Pete at:6519 10th Street North,

St. Petersburg, Florida 33702

Please contact:Walter Nocito

2907 East Rail RoadAppleton, WI 54915

Home: 920-993-0902 Cell: 920-428-3183

[email protected]

Tampa Bay Rays v. Baltimore OriolesMay 13, 2011

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In-Kind SponsorBig Fish

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