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BAR ASSOCIATION St. Petersburg November 2012 www.stpetebar.com Paraclete - The Magazine For The Legal Professional Bob Byelik Gail Moulds Brittany Maxey

Transcript of St. Petersburg November 2012 BAR c.ymcdn.com/sites/ · PDF fileThere are many reasons why Bill...

BAR ASSOCIATIONSt. Petersburg November 2012 www.stpetebar.com

Paraclete - The Magazine For The Legal Professional

Bob Byelik

Gail Moulds

Brittany Maxey

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 wel-comes submissions for publication. Publishing and editorial decisions are based on the editors’ judg-ment 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 specifically identified as the official 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 November 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 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8 Assisting our Military Veterans – By John E. Tuthill

10 John E. M. Ellis ~ We Salute This Veteran 50 Year Member Profile – By Charles M. Samaha

12 Take a Close Look: Is Your Client Really a Florida Resident?– By Camille J. Iurillo and Gina M. Pellegrino

14 Certiorari Review: Seeking Relief from a Non-Final, Non-Appealable Order – By Courtney M. Fish

16 The Heroes Among Us 2013

21 Keynote Speaker Heroes Among Us: Jeff Vinik, Chairman and Governor, Tampa Bay Lightning

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

13 Bar and Court News

22 Barney Masterson Inn of Court

22 PFAWL

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

4 President’s Message

6 From the Editor

24 Stetson Review

26 Paraclete Parent

28 St. Petersburg Bar Foundation

30 Community Law Program

32 What’s Up and Who’s New

34 Classifieds

Paraclete: The Spirit of Truth November 2012

www.stpetebar.com Paraclete – November 2012 3

President's Message:Why Aren’t We Doing This?

I recently attended the swearing in of forty new members of our Florida Bar at the fall ceremony for the Sixth

Judicial Circuit with Chief Judge McGrady presiding. These impressive young graduates were warmly welcomed by the judiciary and the bar, and were offered guidance on the challenges of beginning their legal careers. Judge McGrady advised them the most precious asset each new lawyer has to construct is his or her reputation.

How does a new or even a seasoned lawyer go about creating or maintaining that precious reputation? One tool I suggest is the use of mentoring. I recently completed a conclusive survey on the topic by interviewing some of our local legal legends for their insights, and want to share with you some of the wisdom I heard.

William F. Davenport (“Bill”) practiced law in St. Pete for 57 years starting in 1950 and is now happily retired but available for interviews. It was my honor to meet with him recently to discuss his experiences and views. Like all of the veteran practitioners I questioned, he was notably humble and kind with his recall of those who shaped his legal career.

A favorite mentor was one of his first bosses, “Mack” Wing, who was then partners with Frank Harris. Bill says Mr. Wing was an excellent mentor not only because he was patient and available, but because he taught Bill to ask “why are we doing this.....?” often, and they debated the “why.” He also regularly asked in evaluating a case: “who will it hurt?” How is the cause just or appropriate? Nice lessons for a young lawyer, in 1950 or today: pursuing results for a client, but seeking the bigger vision as well— from the start. What an exemplary step in developing a certain and lasting reputation.

There are many reasons why Bill Davenport warmly reflects back on his distinguished career, most of which focus on people who were important to him. He feels honored to

have been part of our noble profession and notes that, although it is a necessity, it isn’t all about the money.

My friend Paul Nelson is an extraordinary probate, estates and trusts practitioner and was blessed to practice with his father, John Nelson, and partner Gardner Beckett for several years when he was a new attorney. Paul has a wonderful favorite quote from Mr. Beckett (which he enhances with a slow Southern gentlemanly drawl, which may be accurate) about instructing a client considering the predicaments of litigation: “Our system of justice is merely an approximation at justice... it does not guarantee a perfect outcome.” This “pearl of wisdom” has stuck with Paul, who freely shares it with others as a fond recollection of the mentoring he enjoyed from both his father and Mr. Beckett.

John L. Green, Jr. is a 52 year practitioner who has seen many changes over the years. He still recalls an early mentor advising him: “When in doubt, don’t do it.” That cautionary wisdom has stayed with him throughout his career and has been shared by John with many others. And it is a part of the reputation he enjoys as a respected professional and trusted advisor. Whether cases are settled by a handshake at a bar association dinner or by more formal steps, the character and reputation of the counselor can be significant. John is a model example and a gifted mentor too.

Mentoring examples happen early in our careers too. Kim Gustafson of Carlton Fields, P.A. is a young lawyer who reflects some tips she received from colleagues when she first began practicing, and which could be significant precautions. “Never hit that send button when you are angry” she was coached. Even ask a partner to review your email message or at least walk away from it and pause or reconsider it slowly before sending if the issues are heated. Excellent advice she knows to follow in her commercial litigation practice.

One terrific mentor in my career was and is Jim Earle, Jr. who introduced me, as a fairly young attorney, to the workers compensation practice in 1986. Jimmy was then already a former worker’s compensation Judge and state-wide leader in that practice area. Yet his version of mentoring was to literally bring me along on his scheduled litigation events for the first month of my new job with his firm, introducing me to many of the players and places in his practice, but more importantly to his views on all aspects of his work. I saw how he maintained his unbending commitments to his clients and to the system of justice in that specialty practice. Building and maintaining his professional reputation was the pinnacle to Jim, and that was a precious lesson to observe through my 15 years practicing with such a heartfelt professional.

And it takes me right back to Judge McGrady’s words of wisdom to the new Bar members. Build, maintain and protect your reputation, by your everyday conduct. The newly admitted lawyers were welcomed by the Young Lawyers Sections of the St. Pete and Clearwater Bar Associations, and were urged to join our local bar associations. There may be more advantages than ever in doing so.

An association full of potential mentors is one good reason. Mentoring works; it is oldfashioned, out-of-date, yet cutting edge. And it is irreplaceable. Regardless of your age and experience, find more or new mentors if your list is short. SPBA has a directory of mentors on our website. Ask a judge-- appropriately. Be a mentor yourself. Call me if you don’t think this is a simple proposition-- I have some great suggestions and am meeting many more this year through my Bar activities. Thanks, to all of them---- you are irreplaceable!

Welcome to the newly admitted members of the Bar. Best wishes to you, and get some mentoring started!!

4 St. Petersburg Bar Association www.stpetebar.com

By Timothy A. Miller

www.stpetebar.com Paraclete – November 2012 5

6 St. Petersburg Bar Association www.stpetebar.com

The November issue of the Paraclete traditionally honors members of the St. Pete Bar who are veterans

or in active military service. This issue features an article by John Tuthill about the Veterans Law Institute and Veterans Advocacy Clinic at Stetson University College of Law.

Additionally, this year’s November issue also includes a special section on the Heroes Among Us event. The annual dinner, hosted by the St. Petersburg Bar Foundation, is scheduled earlier than in previous years on January 5, 2013 at The Club at Treasure Island. For that reason, we have included details about the event and profiles of the honorees in the current issue. The Heroes event typically recognizes two local attorneys who have worked tirelessly—apart from their works as attorneys—to make positive improvements in our community. The individuals selected by the Bar Foundation for the upcoming dinner are Robert Byelick and Gail Moulds, along with Rising Star Brittany Maxey. I’ve had the pleasure of knowing Brittany for the past few years through the St. Pete Bar and the Pinellas chapter of the Florida Association

for Women Lawyers (PFAWL), and her recognition at this event is well-deserved. In addition to her accomplishments as a patent attorney and managing member of a successful intellectual property practice, Brittany was instrumental in growing PFAWL (along with Robyn Featherston and Elise Winters) from just a handful of members in 2008 to over 60 current members.

Another oft-anticipated event around this time of year is Oktoberfest, hosted by the Young Lawyers Section of the St. Pete Bar. Over the past several years, this event took place in late October or early November at the picturesque waterfront grounds of USF St. Pete. Last year, there were 17 booths featuring multi-cultural cuisine, beverages, and desserts, together with a live band. A number of people have asked why the event did not occur this year. Unfortunately, USF changed its policies on extremely short notice and is no longer renting its waterfront for events. As a result, an event is being planned for February 2013 at St. Pete Beach.

Indeed, the next few months are brimming with events at the St. Pete Bar Association and the St. Petersburg Bar

Foundation, so mark your calendars for the following:

• November 2, 2012 – Bench & Bar-B-Que at Stetson

• December 6, 2012 – St. Petersburg Bar Holiday Party at the Mirror Lake Lyceum

• January 5, 2013 – Heroes Among Us at The Club at Treasure Island

• February 1, 2013 – Judicial Investitures for Judge Ramsberger and Judge Burgess in Clearwater

• February 8, 2013 – Judicial Investitures for Judge Campbell and Judge McKyton in Clearwater

• February 9 2013 (tentatively) – The Event Formerly Known as Oktoberfest at the Rec Center, St. Pete Beach

Jowita is a bankruptcy, commercial, injury, and trial attorney at PERENICH The Law Firm in St. Petersburg and Clearwater. She is also the founder and director of Florida Lawyers for the Arts, Inc., a non-profit that provides legal assistance and information to artists and arts organizations in a variety of practice areas.

From the Editor:

By Jowita L. Wysocka

www.stpetebar.com Paraclete – November 2012 7

8 St. Petersburg Bar Association www.stpetebar.com

By John E. Tuthill

Assisting Our Military Veterans

T he Stetson Veterans Law Institute celebrated its ceremonial ribbon-cutting promptly after Memorial

Day 2012, in Gulfport, Florida. The mission, as noted by the Institute’s Director, Dean Michael Allen, is to “serve the growing population of active duty military, veterans and their families in the Tampa Bay Area, home to one of the largest concentration of Veterans in the U.S.”.

As an Adjunct Professor at Stetson College of Law I have the privilege of teaching at the Veterans Advocacy Clinic under Associate Professor Cynthia Batt, Stetson’s Director of Clinical Education. The Clinic is an active and steadily growing part of the Veterans Law Institute and evolved from the Veterans Appellate Advocacy Clinic after almost four years existence under the leadership of Professor Charlie Rose.

The Clinic teaches students how to serve veterans as they navigate the process of applying for disability benefits and appeals. Our law students conduct intake interviews, prepare memos and appeal Veterans Administration denials and some cases may provide assistance and representation before the US Court of Appeals for Veterans Claims in Washington D.C. The Clinic also provides a Moot Court for preparation for appellate arguments.

While a number of the students have prior military experience it is not a requirement. It is intended that the hands-on experience of helping wounded and disabled Veterans is challenging and satisfying.

As we celebrate Veterans Day this year

and acknowledge the significant sacrifices, bravery, and impact that war has upon our military service members and their families, the Clinic’s law students were requested to reflect upon what their mission of assisting veteran’s means to them and some of what they had to say follows:

• The Stetson Veterans AdvocacyClinic has allowed me, a civilian, to do something to help veterans who have fought so hard for my freedoms. Despite not having a military background, I have the opportunity to dive into veteran affairs and help substantiate disability claims. Although some of the aspects are daunting, the veterans who we interact with are so thankful that someone is on their side, willing to hear them out. Even when we are unable to help, and have to refer the veteran to another potential source for help, it is nice to be there to hear the veteran out so they know someone is listening. The clinic also provides an opportunity to work with a local practicing attorney with military service and a private practice that includes veteran law, and really see how the law affects veterans. This helps provide the big picture which

just furthers the excitement at Stetson University College of Law in the quest to help veterans.

• Itmeanssomuchtobeapartofa university who cares about veterans and understands in a world full of closed doors, it is important to have an

institution devoted to helping the very men and women who make it possible to maintain such freedom of education.

• Ifeelthatthisclinicgivesthe rare chance to assist veterans in obtaining the compensation they deserve, and are entitled to, as a result of their honorable service. Unfortunately, claim processing time can be lengthy, and many of the veterans who contact us are frustrated with delays, more because of their financial need than anything else. Though these veterans

do genuinely need legal help filing disagreements and/or appeals, nearly all of them appreciate a person who cares and understands what they are going through. In one particular case, a client’s record impacted the client greatly when I called him to discuss this with him; it led us to discover even more issues, until he excitedly shouted into the phone “Thank you! Finally! Someone who understands where I’m coming from!” At a minimum, he was relieved that someone understood his situation, and his excitement motivated me to help him resolve his claim.

• I believe more attention mustbe given to the men and women of the military who in many cases, return from service in need of a higher level of support and assistance than is provided to them. The creation of the Veterans

Advocacy Clinic at Stetson Law is a step in the right direction in that regard, and working in the Clinic at Stetson Law was a wonderful experience. Through my experience at the Clinic, not only was I able to offer some of that help and support, but I also gained specialized knowledge in a unique area of law. I had the opportunity to engage with and counsel veterans from a variety of generations, who served in a variety of theatres and conflicts. But beyond each veteran’s military experience, it is important to remember that each veteran comes from a unique personal background and has a unique story to tell. Being in a position to offer assistance, the opportunity to listen to the experiences and backgrounds of some of the men and women who have served made the experience that much more meaningful to me.

• Often,foronereasonoranother,many veterans are denied disability compensation upon returning from duty, and the students at Stetson Law’s Veterans Advocacy Clinic are devoted to helping those veterans obtain the disability benefits they are entitled to. The current VA benefits system is well-

known to be slow-moving due to the incredible backlog of unresolved and complex claims, and even though I was not personally able to carry a case through to the successful award of an upgrade or initial compensation award,

knowing that I made even the slightest difference in the world of a person who has served this country was a very rewarding experience.

• We realize that a claim fordisability benefits is often the central issue in a veterans life because of the direct impact that those benefits to pay for essentials such as food, shelter, and medical care. When those benefits are stopped or decreased, many veterans find that they are unable to support themselves

• The process for pursuing a veteran’s claim is lengthy and a veteran may wait weeks just to obtain the necessary records to support the claim. Because the majority of veterans cases involve urgent issues, we do our

best to make that waiting period tolerable, with many follow-up phone calls to assure veterans that we care, and that we are actively pursuing their case. I am grateful for the opportunity to work closely with veterans and to make a difference in the live of people who have sacrificed so much in defending this country.

• The worst part of thepart of the clinic though is that we cannot help

everyone. For all the military can teach and instill in its service members, training in the inner workings of a bureaucratic labyrinth are lacking. A veteran dealing with a service connected injury or disability most likely was not taught how to file the administrative claim necessary to receive compensation. Obtaining VA benefits for the veteran who needs them is the most fulfilling part of participation in the Stetson Veterans Law Clinic.

www.stpetebar.com Paraclete – November 2012 9

10 St. Petersburg Bar Association www.stpetebar.com

In June 2012, John E. M. Ellis celebrated his 50th year of practicing law.

John’s father, Edwin B. Ellis, who was a former city and county judge and veteran of the two world wars, graduated from law school at the University of Virginia in 1924 and settled in St. Petersburg where he accepted employment with a local firm. John’s mother worked as his father’s legal assistant. His parents had four children and John was born in St. Petersburg in 1934. During World War Two, the family spent some time at Panama City where John’s father was a Communications Officer at the LST base and John had an opportunity to ride on a day and night combat crew training mission on a LST. Also, John and his friends e n t h u s i a s t i c a l l y watched the many fighter and bomber aircraft flying out of the four Tampa Bay airfields and hoped to eventually become pilots.

John’s father, an avid fisherman and hunter, gave John his first gun at the young age of seven. While in junior high at Mirror Lake, John was an active member of the St. Petersburg Police Department’s junior rifle team. Due to his passion for shooting, he often frequented the local shooting range, joined the Junior and Senior N.R.A., and was president of the Rifle Club at St. Petersburg High. While in high school, John won 28 medals in two national and two regional small bore rifle matches. As an adult, John and attorneys Richard “Dick” Logan and Joe Reynolds hunted ducks using homemade, elaborate silhouette decoys that they each made to lure the ducks. John also entered numerous competitive target shooting contests and typically placed in the top positions.

In the early 1950s, the Korean War raged

and young men were drafted. When John graduated from St. Petersburg High in 1952, he decided to perform his military service through the Air Force’s ROTC program. So, he matriculated at the University of the South, which had 600 all-male undergraduates, and joined the ROTC program there. Because the school had a small student body, John was active in many endeavors, such as intramural

sports and fraternity life. He also gained tremendous l e a d e r s h i p experience as Cadet Commander of the AF ROTC and excelled academically with his membership in the Phi Beta Kappa and Omicron Delta Kappa honor societies, and president of the

Beta Theta Pi social fraternity. He graduated number two in his class and obtained a B.A. in political science.

After his graduation in 1956, John enlisted in the Air Force with a three-year contract. During his final two years he had extensive training as a SAC (Strategic Air Command) B-47 co-pilot, weapons officer, and tail gunner. He also learned celestial navigation and in-flight refueling. The Air Force inveigled him to re-enlist

with a promotion from lieutenant to major; however, his father’s health was failing and he declined the promotion, returned to Florida and enrolled in law school.

Six weeks after his discharge with the reserve rank of captain, John started law school at the University of Florida. His academic achievements included editor-in-chief of the UF law review and member of the Order of the Coif honor society and Phi Delta Phi legal fraternity. He graduated in 1962 and passed the bar examination with the top score.

After graduation, John joined his father’s firm, Ellis, Logan & Page. He treasured the eight years he practiced law with his father before he died in 1970.

As a lawyer, John met and became a good friend of former judge, Mark McGarry, who suffered from asthma while living in Florida.

John E. M. Ellis ~ We Salute This Veteran50 Year Member Profile

By Charles M. Samaha

www.stpetebar.com Paraclete – November 2012 11

However, the climate in the southwestern United States alleviated Mark’s asthmatic symptoms. In 1984, he encouraged John to join him on several trips to the Grand Canyon where they mountain biked. John fell in love with the area and the sport. He continues to savor the activity having traversed over 20,000 miles on his mountain bike. On off road jaunts he and Mark frequently carried 55 pounds of camping gear on their bikes.

John excelled at handball, which is a sport he learned at college and had played daily for at least an hour. He continued to play during his stint in the Air Force and through law school. Once he started practicing law, he played at the downtown Y.M.C.A. during lunches. He later switched from handball to racquetball, which are similar sports.

Aside from his sports activities, John has been involved in the community. He regularly attends St. Peter’s Cathedral in downtown St. Petersburg and served as its treasurer for over thirty years. For several decades he has worked with the Church’s youth as an advisor and teacher. Some of his other community services included membership on the city’s St. Petersburg

Community Alliance, which seeks to improve communications between the races in St. Petersburg; former board member of the Y.M.C.A.; and, committee member of

the Cub and Boy Scouts. He worked on various committees with attorney Louie Adcock, who was Scoutmaster of Troop 236 for many years. Also, since 1962, John has been involved in many Bar activities, including Grievance Committee chairman, Law Day chairman, and participation on

many other committees. John also served as treasurer of the local Ducks Unlimited Chapter for 20 years.

John continues to practice in his father’s firm, now known as Ellis & Bradley, in the areas of probate, wills, trusts, and residential real estate, though he eschews litigation. His erstwhile assistant, Genevieve “Genny” Marshall, had been employed at the firm for over 30 years until her recent retirement. John and his wife, Carol, whom he met at a debutante ball during a Christmas leave while in the Air Force, just celebrated their 52nd wedding anniversary. They have traveled to Canada, most of the European countries, and visited St. Petersburg, Russia on two occasions. John enjoys spending time and traveling with his three children, John, Brenda, and Mark, and his grandchild, Johnathan. He recently refurbished his 60 year old cabin, located on the Withlacoochee River (near Inverness, Florida), where he visits at least twice a month to relax and kayak.

Hats off to you, John Ellis, for your numerous contributions to our community!

Copyright © 2012, by Charles M. Samaha, all rights reserved.

12 St. Petersburg Bar Association www.stpetebar.com

Take a Close Look: Is Your Client Really a Florida Resident?

Before filing any bankruptcy case, it is imperative that you first determine which state’s exemption

laws apply on the date of filing, so that you can properly advise your client of the impact that any bankruptcy will have on their assets.

The Bankruptcy Code provides that if a debtor’s domicile has been located in the same state for the 730 days (2 years) immediately preceding the bankruptcy filing date, then the exemption laws of that state apply. However, if the debtor’s domicile has not been located in a single state for the 730 days immediately preceding the bankruptcy filing date, then the exemption laws of the state in which the debtor’s domicile was located for the 180 days (6 months) immediately preceding the 730-day period, or for a longer portion of such 180-day period than in any other state, apply.1

For example only, suppose your client, on the bankruptcy filing date, has domiciled in Florida for the last 12 months, prior to that they domiciled in Georgia for 14 months, and prior to that they domiciled in Texas for 7 years. In that example, the Florida exemptions would not apply because your client has not domiciled in Florida for the 730 days (2 years) immediately preceding the bankruptcy filing date. In the 180 days (6 months) immediately preceding the 730-day period, your client was domiciled in Georgia for 2 months and in Texas for 4 months; therefore, because your client was

domiciled in Texas for a longer portion of the 180-day period, the Texas exemption laws or the Federal Exemptions (as set forth in section 522 of the Bankruptcy Code) will likely apply.

When determining whether your client is domiciled in Florida, one factor to consider is whether or not they have homestead property in Florida and when that homestead status was obtained. According to the applicable Florida case law, “failure to claim the homestead tax exemption is not evidence that property is not in fact homestead.”2 Actual occupancy of the home by the homestead applicant with an intention to remain in the home are, generally speaking, essential elements of the homestead right. However, the applicant does not have to have conclusive intent to remain in the house forever.3 In addition, Florida courts looks at a number of other factors to determine if the homestead applicant’s property is, in fact, his or her homestead. These factors include the following: 1) formal declarations of the applicant; 2) informal statements of the applicant; 3) where the applicant is employed; 4) where the applicant is registered to vote; 5) the address on the applicant’s driver’s license; 6) where the applicant’s license tag on his or her motor vehicle is issued; and 7) the address listed on the applicant’s federal income tax returns.4

It is important to consider all of these factors as a whole when evaluating your

client’s specific circumstances. If your client files a bankruptcy case and is mistaken that they are entitled to claim the Florida exemptions, when in fact the Federal Exemptions apply in their case, that could be detrimental to them. For instance, if the Florida exemptions apply, your client may be able to claim that their entire homestead property is exempt; however, if the Federal Exemptions apply, your client can only claim $21,625 as exempt for their residence.5 Thus, it is crucial that you take the necessary time to evaluate your client’s situation, to identify their domicile, and to determine the applicable exemptions for their specific case.

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.

By Camille J. Iurillo and Gina M. Pellegrino

See, 11 U.S.C. § 522(b)(3)(A).

Taylor v. Maness, 2006 WL 3302514, 3 (Fla. 3d DCA 2006); see also, Pierrepont v. Humphreys, 413 So.2d 140, 143 (Fla. 3d DCA 1982).

In re Van Meter, 214 So.2d 639, 643 (Fla. 2d DCA 1968); see also, Engel v. Engel, 97 So.2d 140, 140-2 (Fla. 2d DCA 1957).

See, Fla. Stat. § 196.015.

See, 11 U.S.C. § 522(d)(1).

J November 2012

M 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

A h m a d M. Ya k z a n

Sponsored by

Bar and Court News

ASSOCIATION OF LEGAL ADMINISTRATORS - SUNCOAST CHAPTER: The Suncoast Chapter of the ALA meets on the second Wednesday of each month. For more information please contact Erica Hetherington at [email protected] or visit the ALA website at http://alasuncoast.org/ for more information. The next meetings are:

PINELLAS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS: The PACDL monthly meetings are held the second Wednesday of each month. Locations vary, but are frequently at the Criminal Justice Center from 12:00 to 1:30 p.m. Lunch is typically provided. For more information on PACDL please contact Reid Hart for the location or more information at [email protected] or 727-367-1080. All attorneys are welcome to attend.

PINELLAS COUNTY CHAPTER OF THE FLORIDA ASSOCIATION FOR WOMEN LAWYERS: PFAWL meets on the 1st Tuesday of each month at 6:00 p.m. at different locations each month. There is no RSVP requirement. For more information contact Marcelana Anthony at [email protected].

PINELLAS COUNTY CHAPTER OF THE PARALEGAL ASSOCIATION OF FLORIDA:

Monthly meetings for the Pinellas County Chapter of PAF, Inc. are on the second Tuesday of each month. Paralegals, student paralegals, non-members and attorneys are always welcome. For further information or to make reservations, please contact Crystal Siegel: [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. The next meetings are:

ST. PETERSBURG ASSOCIATION OF LEGAL SUPPORT SPECIALISTS

SPALSS is in the process of restructuring. Currrently there are no meeting dates on their calendar at this time. All legal support staff and attorneys are welcome. For more information contact Interim President, Roslyn Anderson at [email protected] or Susan Batchelder at 727-502-8219.

November 2012

www.stpetebar.com Paraclete – November 2012 13

Date/Time: Wednesday, December 2012 – 11:45 a.m.

Program: ALA Suncoast Holiday PartyLocation: Maggiano’s 203 Westshore Plaza Tampa , FL 33609-1810

Date/Time: Tuesday, November 13, 2012 – 6:00 to 9:00 p.m.Speaker: Richard R. Vickers, Esq.Topic: Eminent DomainLocation: Antonio’s Pasta Grill 2755 Ulmerton Road Clearwater, FL 33762

Date/Time: Tuesday, December 4, 2012 – 6:00 p.m.Location: To Be Announced

Date/Time: Friday, December 7, 2012 – 6:00 p.m.Program: PFAWL Holiday Party for members & guestsLocation: Vincenzo’s Grill (Marriott) 12600 Roosevelt Blvd St. Petersburg, FL 33716

Date/Time: Tuesday, December 11, 2012 – 5:30 to 8:00 p.m.Program: Annual Holiday Event. All proceeds to benefit CASA. To sponsor or donate to this event, please contact Chrystal Lunsford at [email protected] or chryslunsford@yahoo. com or 727-743-2262Location: Antonio’s Pasta Grill 2755 Ulmerton Road Clearwater, FL 33762

14 St. Petersburg Bar Association www.stpetebar.com

We have all had this experience in litigation. Your case is proceeding along, things

are going well, when you run into an unexpected stumbling block: the trial court rules against you on an important issue when you thought for sure that you would prevail. Maybe the judge ordered your client to produce documents in discovery that are subject to a trade secret or other privilege. Maybe the judge granted the other side’s motion to strike an affirmative defense that is clearly a winner for your client. Whatever the issue, you are convinced that the trial court’s decision is wrong. What can you do? Can you appeal? The answer, of course, is “it depends.”

Florida’s District Courts of Appeal have appeal jurisdiction only to review final orders and those non-final orders expressly prescribed by Rule 9.130, Florida Rules of Appellate Procedure.1 If your non-final order does not fall into one of the categories listed in Rule 9.130, you have a non-final, non-appealable order.

So, once you have determined that your order is non-final and non-appealable, what are your options? One option is to wait

until the end of the case and, if you do not prevail, appeal the adverse interlocutory ruling in connection with your appeal of the final judgment.2 Of course, that option affords an illusory remedy for rulings like the discovery order discussed above. Once your client has produced the privileged documents pursuant to the court’s order, a reversal of that order on final appeal would not do your client any good. The “bell has been rung,” as they say. In this type of situation, your remedy is to file a petition with the appropriate District Court of Appeal seeking certiorari review of the trial court’s order.

The District Courts of Appeal have certiorari jurisdiction to review non-final orders other than those prescribed by Rule 9.130.3 Unlike appeal jurisdiction, which is mandatory, a District Court’s exercise of its certiorari jurisdiction is entirely discretionary such that a litigant is never entitled to certiorari review.4 It is important to remember that a certiorari proceeding is not an appeal and certiorari review is not a mechanism for circumventing Rule 9.130. Rather, certiorari review is an extraordinary remedy afforded only where there has been “(1) a departure from the essential

requirements of the law, (2) resulting in material injury for the remainder of the trial (3) that cannot be corrected on postjudgment appeal.”5 The reviewing court’s overriding consideration has been articulated as whether there has been “a violation of a clearly established principle of law resulting in a miscarriage of justice.” 6

A petition for a writ of certiorari must be filed within thirty (30) days of rendition of the non-final order. It is important to note that, unlike with final orders, a motion for rehearing will not toll the jurisdictional time period to seek review of a non-final order. An additional concern is that the filing of a certiorari petition does not automatically stay the trial court’s order. Obtaining meaningful review, then, may also necessitate filing a motion to stay with the trial court.7

So, when is a certiorari petition going to be successful? Going back to our initial examples, the District Courts have granted certiorari review and quashed trial court orders requiring production of trade secret information where there is no showing of reasonable necessity.9 The cases are less

Certiorari Review: Seeking Relief from a Non-Final, Non-Appealable Order

By Courtney Fish

www.stpetebar.com Paraclete – November 2012 15

clear about whether an erroneous order on a motion to strike affirmative defenses is reviewable by certiorari, with the weight of authority holding that certiorari review is not available.10 Often, the availability of certiorari review is somewhat elusive under the current standards employed by the district courts of appeal, and there is no bright line test for predicting the success or failure of a certiorari petition.11 The decision of whether to file a petition for a writ of certiorari requires a case-specific, cost-benefit analysis and ultimately comes down to a business decision that must be made by the client. Familiarity and experience with certiorari petitions, as well as knowing what types of interlocutory orders are more likely to merit certiorari review, is crucial in guiding your client through that analysis.

Courtney is a partner at Englander Fischer in St. Petersburg. Courtney focuses her practice primarily on Appellate Law and also represents clients in a wide variety of commercial litigation matters. She can be reached at [email protected] or 727- 898-7210.

1. Fla. R. App. P. 9.030(b)(1).

2. See Auto Owners Ins. Co. v. Hillsborough County Aviation Auth. for Use & Benefit of Gen. Elec. Supply Co., 153 So. 2d 722, 724 (Fla. 1963) (“The appeal from the final judgment brings up for review all interlocutory orders entered as a necessary step in the proceeding.”)

3. Fla. R. App. P. 9.030(b)(2)(A).

4. Jones v. State, 477 So. 2d 566, 568 (Fla. 1985).

5. Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646, 648 (Fla. 2d DCA 1995).

6. Fassy v. Crowley, 884 So. 2d 359, 364 (Fla. Dist. Ct. App. 2004).

7. Fla. R. App. P. 9.020(h); Caulfield v. Cantele, 837 So.2d 371 (Fla.2002).

8. Fla. R. App. P. 9.310.

9. See, e.g., Ameritrust Ins. Corp. v. O’Donnell Landscapes, Inc., 899 So. 2d 1205 (Fla. 2d DCA 2005); Rare Coin-It, Inc. v. I.J.E., Inc., 625 So. 2d 1277 (Fla. 3d DCA 1993).

10. Compare News-Press Pub. Co., Inc. v. Gadd, 388 So. 2d 276 (Fla. 2d DCA 1980) and Vomacka v. Hervey, 382 So. 2d 41 (Fla. 2d DCA 1979) with Lea v. Wigton, 705 So. 2d 723 (Fla. 5th DCA 1998); Agency Rent-A-Car, Inc. v.

Braverman, 480 So. 2d 121, 122 (Fla. 4th DCA 1985) Manatee County v. Estech Gen. Chemicals Corp., 402 So. 2d 75 (Fla. 2d DCA 1981); Lynch v. City of Deerfield Beach, 369 So. 2d 1042 (Fla. 4th DCA 1979).

11. In a recent two-part article in the Florida Bar Journal, the Honorable Chris W. Altenbernd of the Second District Court of Appeal, along with attorney Jamie Marcario, proposed that the judiciary create a more tailored, functional approach in which reviewing courts would consider: “1) whether the trial court committed error that can be identified with a high level of confidence from the limited record provided in an original proceeding, and 2) whether the reviewing court can confidently state that the trial court’s error is so detrimental to the goal of providing a fair, consistent, accurate, and even-handed dispute resolution process that it should use its resources to interfere in the trial court proceeding to correct the problem.” Judge Chris W. Altenbernd and Jamie Marcario, Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I , 86 Fla. B.J. 21 (Feb. 2012); Judge Chris W. Altenbernd and Jamie Marcario, Certiorari Review of Nonfinal Orders: Trying on a Functional Certiorari Wardrobe, Part II, 86 Fla. B.J. 14 (Mar. 2012).

16 St. Petersburg Bar Association www.stpetebar.com

Honoring the Heroes Among Us -Bob Byelick

It was not too long after I met Bob Byelick at my first Kiwanis Club meeting in the mid-1990s that he and

another new Kiwanis friend, Jim Fischer, invited me to play golf with them on a Saturday morning. Jim was a pretty good golfer, Bob was better, and I was (and still am) a hacker. No matter…they were patient, encouraging and two of the best sports I’ve ever met. It was the beginning of an enduring friendship that continues today, even with Jim’s passing nine years ago. Over those years I have watched, worked with and learned from Bob Byelick not only what it means to be a good friend, but what it takes to be a Hero Among Us.

Born and raised in Tarrytown, NY, Bob did his undergraduate work at Franklin & Marshall College in Lancaster, PA majoring in History and Spanish with a minor in Baseball. In 1973, he arrived in St. Petersburg to attend Stetson University College of Law and received his J.D. in 1976. He soon discovered that with the combination of Spring Training baseball, year-round sunshine and a more relaxed work environment, there was no way he was ever going back to New York.

Bob was hired by the Bradham, Lyle, Skipper and Cramer firm and began his career in Workers’ Compensation law. In 1991, he left Lyle and Skipper to become a partner with David Abbey and Jeff Adams in what is today Abbey, Adams, Byelick & Mueller, LLP. He became certified in Workers’ Compensation in 1993 and holds an AV® rating with Martindale-Hubbell. Since 2007, he has been listed in Florida Super Lawyers.

He has served two terms as treasurer of the St. Petersburg Bar Association and has chaired several committees over the years. It is his continuing civic involvement in

the community, however, that takes much of his non-legal time.

Bob started with the Sunshine City Jaycees in 1977. This group of young professionals included many future leaders in St. Petersburg including Rick Baker and Bill Foster. He served as President in 1980 and was instrumental in the establishment of the Children’s Dream Fund, thanks to the efforts of the Board and Scott Simmons. Then, in 1980, Bob’s father-in-law, Dan Barcus, invited him to join the Kiwanis Club of St. Petersburg. No surprise - he served as president in 1987-88. During the 1980s he was also involved, for several years, in the United Way Allocations Committee.

In the mid-1980s, his love of baseball led him to the St. Petersburg Chamber of Commerce Baseball Committee where he became involved in the effort to secure a major league franchise. Bob and many others worked on numerous projects, events, trips and lobbying campaigns. He chaired the Baseball Committee for two years, formed a Sports Council, and served on the Chamber Board of Directors. Well aware that “Baseball is always watching” Bob encouraged others involved to excel in all baseball-related activities. Those early efforts paid off and Tampa Bay baseball fans have enjoyed attending Rays games since 1998.

In the 1990s, Bob became involved with the Suncoasters, serving two terms as treasurer in addition to selling beer at parades and staffing the Harvey’s 5K. In the following decade Bob joined the Board of PARC where he served as Chairman in 2008-09. His work there helped to transform that Board into one of the most active in the area. After a mandatory year’s absence, he returned to the Board in 2011.

“Life’s problems melt away when

you see the accomplishments and happiness of

PARC’s clients on a regular basis.”

- Bob Byelick

by Al Karnavicius

www.stpetebar.com Paraclete – November 2012 17

To quote Bob: In 2004 the St. Petersburg Kiwanis Club formed the Jim Fischer Scholarship Fund Committee in honor and memory of their fellow member. You may remember that Jim Fisher was an honoree at the first Heroes Among Us event. Jim’s family and friends partnered with the Pinellas Education Foundation and the St. Petersburg Mayors, Mentors and More Doorways Scholarship Program to provide free college tuition to disadvantaged students in grades 6-11.

It should be a surprise to no one that Bob Byelick has been the chairman of this Committee since day one – he and Jim were very close. In 2008, fellow committee member and friend Skip Carr passed away, and the committee was re-named the Fischer-Carr Scholarship Fund Committee. The Committee holds an annual Birthday Bash to raise money for the Doorways Scholarships, and it continues to provide life-changing college education to those students who merit and need it the most. Now in its 9th year, the Fund has provided 197 scholarships. I know that Bob is most proud of what he and the friends of Jim and Skip have been able to accomplish in just a few years.

Bob became active with the business of baseball once again with the formation of the Clutch Hitters of Tampa Bay. It’s a group of business people working as a liaison between the Rays and the Tampa Bay business community. He currently chairs this organization as it works towards making this team as successful as possible as a business. He is proud of this group’s success in promoting dialogue among various leaders and entities about a new stadium – a dialogue that did not exist as little as two years ago.

So, besides practicing law and being

a civic and community leader, what else does Bob do? During baseball season, you can (usually) see him at a Rays game, 2 rows above the visiting team’s dugout. On Wednesday nights, you’ll still find him at Woodlawn Park playing softball with the team Doug Williamson started in 1977. It was Williamson and softball that led Bob to meet his future wife Barbara after a game in April, 1978 at a well-known St. Petersburg landmark, The Club 28. Bob and Barbara’s fortunate meeting ultimately resulted in a family, including a wonderful daughter, Corrie Stover, grandchildren Jack 13, and Baylie 9, and a great son-in-law Bill. Living only 4 blocks away from their Snell Isle home, Barbara and Bob spend lots of quality time with them.

Besides being an avid reader, Bob also frequents St. Petersburg Country Club in the never-ending quest to be a better golfer (he’s still much, much better than me). And, finally, after 44 years of playing, Bob registered his first hole-in-one on June 18, 2012. But it wasn’t in St. Petersburg, or in Florida, or even in the United States. Bob got his hole in one in the place where golf was born: On hole #11 at St. Andrews Old Course in Scotland. Bob is a patient guy, and I know that he still is waiting to get one in this country. And I’m sure he will. I can’t think of anyone who deserves it more.

Al Karnavicius has been president of Bayprint, a St. Petersburg Printing and Marketing Services Company, since 1982. He also has been serving as Honorary Consul to the Republic of Lithuania since 1999.

18 St. Petersburg Bar Association www.stpetebar.com

Of all the things that the St. Pete Bar Foundation has gotten right, the one thing that stands

out is selecting Gail Moulds to be one of the 2013 Heroes Among Us. I have had the great privilege of having Gail as my partner for many years and there is no one who is more caring, giving, and compassionate than Gail. Not only to those who are relatives, friends and acquaintances, but most importantly to those who are seriously in need.

Gail has always been interested in education and, prior to going to law school, she was a chemistry teacher at Shorecrest Preparatory School. After graduating from law school, Gail came to Harris, Barrett, Mann & Dew in 1985. After working with me at Harris, Barrett, Mann & Dew, she went back to education at the then St. Petersburg Junior College in 1989 to work as legal counsel for the school. However, Gail never lost that passion for the courtroom and she returned to Harris, Barrett, Mann & Dew in 1991. On October 1, 1999, Gail and I set up Deacon & Moulds, P.A. Weston Smith became a Partner in 2006 and the firm is now Deacon, Moulds & Smith.

Gail is heavily involved as a volunteer at her church’s food pantry, delivering and distributing food to those less fortunate. She serves on the Board of Governors at Pinellas Community Church and was previously on the Board of Directors of St. Petersburg Christian School. Her devotion to God and the church has been of particular benefit to me since Gail and her husband have season tickets to the Rays and I get to use her seats on Sunday.

Gail understands the needs of others, particularly those in third world and developing countries, and the severe shortage in education, sanitation and health in those countries. She has participated in a series of mission trips. Initially going with a church group to Belarus, Russia, in 1996, she and her mission group visited schools and medical facilities where they provided education and training.

While she was in Belarus, she met a local Belarusian (if there is such a word) girl, Luda, who told Gail that her one desire was to visit America. Gail told her that if she came, she could stay at her home. Not surprisingly, Luda called and said that she was coming to The United States and, as promised, Gail said, “Stay with us.” While Luda was in The United States, she learned about democracy and the benefits of this country, particularly all the neat things offered by Publix.

Gail’s next mission trips were to Nicaragua, which she visited twice in 1999 and again in 2003. In Nicaragua, Gail and her group worked with a church that was involved with Compassion International to expand the facilities to provide after-school care and education to Compassion International children.

Several of Gail’s mission trips have been to Kenya. She visited Kenya in 2007, 2009, 2010, 2011, and she is scheduled to return to Kenya in 2013. In Kenya, the mission group worked with Spring Valley Academy in their ongoing projects. They built bathrooms and delivered food to families in the “slum” of Spring Valley. They also worked to reduce parasites in the school children

“Anyone who does anything to help a child in his life is a

hero to me. ”

~ Fred Rogers

By Ken Deacon

Honoring the Heroes Among Us - Gail F. Moulds

www.stpetebar.com Paraclete – November 2012 19

and succeeded in reducing parasites in children from over 90% to less than 10%. Through the efforts of Gail’s ‘church, they help provide food for 300 children, two meals a day.

Gail’s group also provided funding for the school at Spring Valley and for children to attend high school. It wasn’t all work. Gail did get to go on a few safaris, where she marveled in the scenery and the wildlife.

The group’s latest project in Kenya is to build a dormitory (the Talitha Koum Rescue Center) to house 150 young girls. Female child abuse is rampant in Kenya and these dorms are to help keep those children from being abused. The plan is also to help build a medical clinic in the building as well as a sewing school. On a return trip to Kenya, in 2013, they hope to help complete the dorm building and to work with local physicians to help provide medical care.

In 2011, Gail convinced her otherwise reluctant husband, Jim, to accompany her and the group to Kenya. In 2012, Gail went with the group to Chiapas, Mexico. While they were there, they built a church.

While Gail has always shown empathy for the severely needy, her compassion isn’t restricted to those in third world countries. She is equally giving and sharing to friends, relatives and others who may need help. Recently the Children’s Pastor of her church, a father of four, had a car that would no longer run. So Gail gave him her SUV to use until such time as he could get another car.

Gail’s house is affectionately known as The Moulds Motel. Gail is always putting up friends and relatives who visit Florida who might otherwise not be able to afford to come here. It is not unusual for Gail to have distant cousins and other relatives from West Virginia or Pennsylvania visiting for extended periods of time. When they do visit, Gail often does most of the cooking and a lot of the entertaining.

Recently, a young female cousin, Kaitlyn, called Gail from her college, Evangel University in Springfield, Missouri, and told Gail that she and some others from her school were competing in a cheerleading contest in Orlando. Of course, Gail offered her home so that the kids could come and compete. Gail was expecting her cousin and probably a couple of others. When they showed up at Gail’s house, there were twenty-one students; both boys and girls. This did not faze Gail. She had them sleeping on air mattresses and every bit of furniture in the house. A couple of the guys even slept on the patio chairs out by the pool.

Gail has been married to Jim for 41 years and their daughter, Brooke, is the mother of Gail’s two grandchildren:

Jackson and Logan. To say that Gail is a doting grandmother would be a gross understatement. Gail’s son-in-law, Brandon, works with the Veteran’s Administration outside of Atlanta, Georgia. Gail and Jim simply place their car on auto pilot and it gets to the grandkids’ house.

Ken Deacon is a partner in Deacon, Moulds & Smith. Ken is a past President of the St. Petersburg Bar Association and a former Governor of The Florida Bar, where he was Chairman of the Disciplinary Procedures Committee.

20 St. Petersburg Bar Association www.stpetebar.com

After Brittany Maxey completed her undergraduate degree at the University of Mississippi, she could

not have anticipated the impact her next steps would have on her professional future. The Oklahoma native had already completed her bachelor’s degree in Biological Science when an opportunity to take a paralegal certification program presented itself. She completed the program and soon found herself immersed in a new intriguing world – intellectual property law – and interning for a prominent law firm in Dallas. It did not take long to recognize her next destination: Stetson University College of Law.

“Intellectual Property law is a beautiful combination between science and emerging technologies. It is cutting edge, modern, relevant, unique and ever-changing. In Intellectual Property law, you must be able to think outside of the box and be creative about crafting protection for developing products and ideologies that are novel and unique,” she says.

During her first year of law school, Brittany became a patent agent and researcher, performing patent searches for a number of universities and medical manufacturing companies. Since earning her Juris Doctor from Stetson, Brittany has built a diverse background centered on intellectual property law and spanning a variety of industries from mechanical arts to pharmaceutical and biological industries. In 2008, she founded Maxey Law Offices, PLLC, a Clearwater-

based practice focused on patent, trademark, copyright and trade secret law, and has since added a second office location in St. Petersburg. Brittany and her team comprised of a pair of patent agents, another patent attorney and an IP litigation counsel, secretary and administrative assistant, manage all aspects of clients’ intellectual property needs including procurement of patents, trademarks and copyrights, trade secrets and technology licensing. As a patent attorney, Brittany is registered to practice before the United States Patent & Trademark Office, a field in which less than one percent of all U.S. attorneys are designated and a group for which, only 18 percent are female, a statistic that she acknowledges but one that has not held her back from pursuing her professional goals.

“My mom taught me to always keep an optimistic outlook and that all lemons can be turned into lemonade. She told us – my sister, brother and I – that if we did not like the way something is going that we have the power to change it for the better. She was basically telling us to be the change we wanted to see in the world,” Brittany says.

In addition to staying up-to-date and informed in her field of law, Brittany also maintains an active presence in the Tampa Bay community. She has served on the CASA Development Council, formerly the Board of Trustees, for the past three years and says the group’s vision to create a community without violence is in line with her own values and personal philosophy.

“CASA is so much more than a domestic violence shelter as they also provide transitional housing so that survivors of domestic violence can believe in themselves again and begin a brand new life,” she says. “Everyone deserves a life without fear and violence.”

She also serves as the Vice President of Membership for the ARCS Foundation of Tampa Bay and strongly believes in their commitment to attracting and supporting outstanding scholars who are completing graduate degrees in both cancer biology and marine science academic programs.

“ARCS Foundation’s cancer biology program at Moffitt is near and dear to my heart as a female scientist. Through the studies and research these brilliant students are doing in the field of cancer biology, we can learn more about cancer and provide people with a better quality of life right here in our own backyard,” she says. “The marine scientists in the ARCS program at USF study the waters of Tampa Bay so that we can all enjoy the water and marine life we see on a daily basis.”

Besides her philanthropic work, Brittany devotes time to several professional organizations, serving on the Executive Committee of the St. Petersburg Bar Association and the St. Petersburg Chamber of Commerce Women’s Leadership Council. She also is President-Elect for the Florida Association for Women Lawyers (FAWL) and is an Immediate Past-President for the Pinellas County chapter of the group.

“I love being involved in professional organizations, as I find it extremely rewarding to watch a plurality of diverse personalities and individuals merge together for the greater good of the whole or for something bigger than themselves.” she says. Her adoration for team camaraderie is no surprise given Brittany’s background in athletics. She began playing fastpitch softball at the age of four and played competitively throughout her entire career. Brittany was the first recruit Ole Miss ever signed to its program where she received a full athletic scholarship to pitch for the Rebels and finished her career as the SEC team’s co-captain.

A frequent guest speaker and presenter on panels, she has received numerous accolades from her peers, including the Leaders in the Law Award by the Florida Association of Women Lawyers, the coveted Rock Award for the Barney Masterson Inn of Court, and was a recent finalist for the 2012 Iconic Women of St. Petersburg Celebrating Women with Vision Awards.

Brittany and her husband, Comone, live in Clearwater where she enjoys painting, crafting and entertaining with friends and family.

Rising Star - Brittany Maxey

Jeff Vinik purchased the Tampa Bay Lightning on March 3, 2010, promising a comprehensive transformation of the

franchise and aiming to secure its place as a leader in the Tampa Bay community. Vinik is the Chairman of the Lightning and the club’s Governor on the NHL’s Board of Governors, also serving on the Board’s Executive Committee.

Upon purchasing the Lightning, Vinik, 53, pledged to make the Lightning organization “world-class,” creating a first-rate fan experience while putting together a team of which Tampa Bay sports fans would be proud, on and off the ice. He promptly hired hockey Hall-of-Famer and four-time Stanley Cup Champion Steve Yzerman as Vice President and General Manager, and then named lauded sports business executive Tod Leiweke to be the Chief Executive Officer of the Lightning and the Tampa Bay Times Forum.

The transformation of the franchise began to take shape shortly thereafter with a much-improved product on the ice and a series of announcements off the ice demonstrating Vinik’s desires to create a world-class franchise. In January of 2011, Vinik detailed a vision that included a team inspired by championship values; an organization committed to Tampa Bay, giving back through leadership, mentoring and charitable contributions; and a state-of-the-art venue.

That vision began with a new logo and jersey system that debuted for the 2011-12 NHL season, and a $42 million privately-funded building renovation to the publicly-owned Tampa Bay Times Forum. The renovation continued during the summer of 2012 when the organization announced that it would install the largest center-hung, high-definition vision board in any arena in the United States and Canada, a $5 million investment, again privately-funded.

Vinik, along with his wife, Penny, made an impact in the Tampa Bay community in 2011 by pledging more

than $10 million to be donated through the Lightning Foundation over five years to the Lightning Community Heroes program. The Heroes program honors a local hero and a representative charity with $50,000 at each of the team’s 41 home games during the season. The organization also committed 4,000 hours of community service each season through its employee volunteer program, C.H.A.R.G.E. (Contributing Hours Across our Region through our Generous Employees).

Vinik and his family increased their commitment to Tampa Bay in 2012, moving to South Tampa from the Boston area. In addition, he moved the headquarters of his company, Vinik Asset Management, to Tampa’s downtown. Jeff and Penny served as the chairs of the American Cancer Society’s 2012 Cattle Baron’s Ball, and the family extended its charitable giving in the Tampa Bay community beyond the heroes program, directly touching local non-profits, including the Florida Aquarium. Penny Vinik is the chair of a community arts initiative which is enabling Tampa Bay-based artists to display their works throughout the Tampa Bay Times Forum.

On the ice, Vinik’s Lightning have experienced several short term successes while Steve Yzerman has implemented a plan for the organization, with the goal of being competitive at a high level in the NHL for years to come. During Vinik’s first full year of ownership (2010-11) the Bolts tied the franchise record for wins in a season with 46 and posted the second-most points in team history with 103 before advancing to the NHL’s Eastern Conference Finals and coming within one win of playing for the Stanley Cup.

In 2011-12, the Lightning tied a franchise record for home wins, registering 25 at the Tampa Bay Times Forum. The organization was also proud to have its minor league affiliate, the Norfolk Admirals, win the American

Hockey League’s Calder Cup while boasting the league’s most valuable player, defensive player of the year and its coach of the year; surely good signs for the Lightning’s future.

Vinik is the founder and chairman of Vinik Asset Management and a minority owner of the Boston Red Sox. He grew up in New Jersey, and attended high school at Riverdale Country School in New York City, before graduating from Duke University (1981) with a Bachelor of Science degree in Engineering and Economics with Summa Cum Laude honors. Jeff went on to earn his Masters of Business Administration degree from the Harvard Business School, graduating in 1985.

Jeff was awarded Duke University’s Distinguished Young Alumni Award in 1994 and serves on the Duke University Board of Trustees. In May, 2012 the family made a $10 million donation to Duke to establish a faculty challenge fund that will be used to hire and retain professors who focus on complex societal challenges such as engineering and related areas in energy, global health, brain sciences and the environment.

Jeff and Penny reside in South Tampa and have four children: Danny (22), Jared (20), Kyra (18) and Joshua (11).

www.stpetebar.com Paraclete – November 2012 21

Keynote Speaker Heroes Among Us:Jeff Vinik, Chairman and Governor,Tampa Bay Lightning

22 St. Petersburg Bar Association www.stpetebar.com

The Pinellas County Chapter of The Florida Association of Women Lawyers (PFAWL) would

like to thank all those who attended the Young Lawyers’ and FAWL Section Bash at the Florida Bar Midyear Conference in Orlando. The Black and White Masquerade was a huge success and great event to meet and mingle with attorneys from across Florida.

PFAWL extends a very heartfelt congratulations and warm wishes to our President, Ms. Kyleen Hudson, on her recent marriage to Mr. Coby Hinkle. We wish you the best of luck for the future.

PFAWL is pleased to announce that we will be holding a food drive for our November 6, 2012 social at 6:00PM at the Red Mesa Cantina, 128 – 3rd Street South, St. Petersburg, FL. The food will be collected to benefit the RCS Food Bank in Clearwater. We kindly request that attendees bring any of the following suggested food items: canned fruit & vegetables, peanut butter, spaghetti and spaghetti sauce, baby food (Levels 1&3), formula (12 oz. powdered Good Start most needed), and specific items

for Type II Diabetics (canned fruit & vegetables, soups, peanut butter, apple sauce, grain rice).

PFAWL holds an open membership meeting at 6:00 pm on the first Tuesday of every month, as well as periodic socials and a quarterly Roundtable Lunch with the Judges. On November 19, 2012, PFAWL will host our quarterly Roundtable Lunch with Judge Kimberly Todd. Space is limited and RSVP’s are required. Please contact Marcelana Anthony at [email protected] for more information and to RSVP for this event. The location of the lunch will be announced at a later date.

PFAWL is one of 29 chapters of FAWL, which is a voluntary bar association that provides a statewide voice for Florida’s women lawyers. PFAWL’s mission is to provide a networking opportunity to and support group for women lawyers as well as promote friendship among its members.

Membership in our organization is open to every attorney that supports the

organization’s mission, and we encourage both men and women to participate in and attend our socials and events. For membership inquiries, contact Joann Grages at [email protected].

Pinellas County Chapter of Florida Association of Women Lawyers (PFAWL)

The Florida Bar Midyear Conference in Orlando.

From L to R: Renee Thompson (Past President of the Florida Bar Young Lawyers Division & Marion County Chapter of FAWL), Kyleen Hudson (PFAWL President), Melanie Griffin (President Elect of the Florida Bar Young Lawyers Division & Member of Central Florida Association for Women Lawyers), Kim Hastings (Immediate Past President of the Collier County Women’s Bar Association) and Brittany Maxey (Immediate Past President of PFAWL and President Elect of FAWL).

Co-President - The Honorable Thomas H. Minkoff, Circuit Court Judge, Sixth Judicial Circuit of Florida,

Co-President - Liz Zuroweste of the State Attorney’s Office, Sixth Judicial Circuit,

Executive Director - Ken Lark of Carr Law Group P.A. of St. Petersburg,

Secretary - Robyn Featherston, of St. Petersburg

Treasurer - Holly Marini of the State Attorney’s Office, Sixth Judicial Circuit,

Counselor - Chuck deVlaming of The Law Offices of Dennis M. deVlaming, P.A. of Clearwater,

Social Chair - Maribeth Wetzel of Goldman Wetzel of St. Petersburg,

Program Chair - Zack T. Zuroweste of The Persante Law Group, P.A. of Clearwater,

Outreach Coordinator - Brittany J. Maxey of Maxey Law Offices, PLLC of Clearwater,

Past President – The Honorable Patrice Moore, Circuit Court Judge, Sixth Judicial Circuit of Florida,

Past President - Miguel Roura of Banker Lopez Gassler, P.A. of St. Petersburg.

The Barney Masterson Inn of Court Announces the Executive Committee Members for 2012-2013

www.stpetebar.com Paraclete – November 2012 23

24 St. Petersburg Bar Association www.stpetebar.com

In October, Stetson University College of Law celebrated 112 years of teaching young people to enter the legal

profession. The inaugural Dean, Albert Farrah, required each student to enroll in a two-term course called “Practice Court.” This hands-on trial advocacy course was a prerequisite for a student to receive a law degree. In the evolution of American legal education, Stetson is believed to be the first university to ever require such a law course.

As the legal profession demands that law school graduates be prepared not only to understand the law, but also practice it, we at Stetson take pride that this has been one of our core strengths throughout the law school’s history.

Effective advocacy is one of a successful lawyer’s most important skills, and Stetson’s commitment to teaching advocacy is unmatched. Stetson has long set the benchmark for training ethical advocates, as evidenced by our “14” first place rankings in trial advocacy by U.S. News & World Report since the magazine began ranking the specialty in 1995. Students on Stetson’s trial team, moot court board and alternative dispute resolution board have won four international titles, 59 national championships, 58 regional championships and 39 state titles.

Stetson professors have authored several leading books on advocacy, and our campuses feature seven courtrooms for experiential learning. More than 100 J.D.

graduates have earned certificates through Stetson’s advocacy concentration program, which requires students to complete at least 21 credit hours of prescribed coursework with a grade point average of at least 3.0 in their advocacy classes.

Each year, members of the local bar and

judiciary serve as judges for two major interscholastic competitions hosted by Stetson: the International Environmental Moot Court Competition and the National Pretrial Competition. Stetson students also coordinate two intramural advocacy competitions each year, which are often sponsored by local law firms.

Many attorneys and law professors, from both the Tampa Bay region and around the U.S., travel to Stetson annually for its Educating Advocates: Teaching Advocacy Skills conference and the Stetson-NACDL

White Collar Criminal Defense College. Our online Advocacy Resource Center brings the Stetson advocacy experience to the computers of advocates around the globe through video presentations on a wide range of pretrial, trial and appellate topics.

Even with all we have accomplished as the nation’s leader in advocacy education, we refuse to rest on our laurels. In 2013, we will begin offering an LL.M. degree in advocacy, with concentrations in criminal law, civil law and education. This online program is designed to be completed part-time over two years, with three campus visits to include an orientation advocacy boot camp, Stetson’s Teaching Advocacy Skills conference, and a capstone experience.

We will also launch the Stetson Journal of Advocacy and the Law, an online, peer-reviewed journal dedicated exclusively to

exploring contemporary issues related to advocacy. Preeminent attorneys, law professors and judges may submit articles for consideration to Stetson.

Stetson’s commitment to our diverse advocacy programs are coordinated through the Center for Excellence in Advocacy, led by Professor of Excellence in Trial Advocacy Charles H. Rose III. We invite you to explore these programs by visiting www.law.stetson.edu/advocacy. Or, contact the center at 727-562-7317.

By Chris Pietruszkiewicz, Dean, Stetson Law

Stetson University is 112 Years Young

www.stpetebar.com Paraclete – November 2012 25

26 St. Petersburg Bar Association www.stpetebar.com

By Gay L. Inskeep

“FREE TO A GOOD HOME.” That’s the last thing I read on the flyer announcing the availability of

a Sheltie-Corgi mix. A chance meeting with a co-worker last January in the parking lot at one of the courthouses had brought the flyer my way; now I was peering at the pictures of 5 year old “Bucky,” a 32 pound neutered male. I was in the market for another dog after the death of our beloved Flatcoat retriever, Abbey, a few months before, but I wasn’t so sure that my husband, Paul, was ready. But then there were the pictures of Bucky, so named because of, according to the flyer, his “adorable underbite.” He certainly looked adorable, and he fit the few parameters I had established for my search, namely, he was a little boy dog who purportedly liked to snuggle. After receiving a lukewarm approval from Paul, I nervously called the number at the bottom of the flyer, and soon found myself making arrangements to take Bucky on a trial run for the upcoming long weekend.

When Saturday arrived, we drove quietly to the modest home where Bucky was temporarily staying with five other dogs, lost in our thoughts, anxious, and missing Abbey. Bucky had apparently been rescued in early October from the Humane Society of North Pinellas, but unfortunately, his new owner became ill and could no longer care for him. Bucky had been staying with his new owner’s niece who was serving as his foster mom and searching for a new home for him. She had already made one placement that failed. When we stepped out of our van, Bucky’s foster mom was leading him to us, holding a folder and a harness. Those were all his worldly possessions – collar, leash, harness, and some random papers from the Humane Society. He might as well have walked toward us with a little handkerchief tied to a stick. After a few tentative barks and even fewer instructions about his care and feeding, we agreed to call her in a day or two to let her know how it was going and whether we would be keeping

him. We looked at each other with a “What are we getting ourselves into?” expression. Paul slid open the side door of the van, and Bucky hopped right in. I climbed in after him. Initially, he looked out the window as if to say, “Where to now?” but eventually he nestled up next to me for the remainder of the ride. When we stopped at a grocery store to buy him some food for the weekend, I looked back after I had walked half way through the parking lot and found him with his paws and nose pressed against the van window, following my every move.

Upon our arrival home, we had to coax him out of the van. We knew the first thing we had to do was introduce him to our other dog, Honey, who had been inconsolable since Abbey’s death. We led Bucky into the backyard and let him sniff around a bit, while Honey watched suspiciously from the inside. She was not happy. We finally let her out after she started body slamming the glass doors and we kept a watchful eye on the both of them. We were starting to have our doubts. As it turns out, we would have to keep them separated to eat and sleep for several weeks, until Honey, ever on guard, could learn to accept him.

We would very quickly learn that Bucky was quite the character. On his first evening with us, we heard a strange sound, and rushed to see him rolling on his back on a small throw rug. He was making the oddest sounds, like the half moan, half yawn that the cartoon Snoopy from the Peanuts comic strip makes. We later discovered that this is what he does when he is very happy. On his first morning with us, after I fed him using a Tupperware bowl since he did not have an official feeding dish, he came trotting over to me holding the bowl in his mouth. He then plunked it down by my feet, as if to say, “It’s empty; I’ll take some more now.” I have to say, my heart melted just a bit in that instant, and I knew we would not be giving this dog back. In fact, after discussing it with the family, I called his foster mom

that night to let her know he had found a home with us.

My youngest son, Andrew, had a pretty much instant bond with Bucky, the latter of whom would curl up next to Andrew on his favorite love seat, or sleep in an old wing chair in Andrew’s room (when he wasn’t trying to steal Andrew’s spot on his bed). My mom, who likes to pretend she doesn’t like animals (I know better), just adores him. My older son, Alex, also took to Bucky easily, and served as the catalyst for a much needed name change. Bucky’s underbite was indeed adorable, but it was an underbite, after all, not an overbite, so the name “Bucky” didn’t make sense to us. When we were having a conversation about whether we believed the Sheltie/Corgi heritage (we didn’t), Alex mentioned that Bucky looked more like a Beagle to him. “That’s it!” I exclaimed. “Let’s call him Snoopy!” It fit on many levels, including his signature Snoopy yawns and his feeding bowl antics. So for the past nine months he has been known to us as Snoopy, or by a variety of nicknames such as Snoopsicle, Senor Snoop, Snoop Dogg, Snugglechops, Gator, Count Snoopula, or Little Dude from Across the Street (on that last one, we will see how many “Everybody Hates Chris” fans are out there!).

Since that first day in late January when we tentatively picked up our itinerate little guy, we have fallen hard for him, if you couldn’t already tell by the story and the nicknames. We have gone from worrying about whether we could love another dog the way we loved Abbey, to realizing that Snoopy has taken the love we had for her and multiplied it. He has lifted the dark veil that hung over our family and filled it with new found laughter, and much to my delight, plenty of snuggling. And even Honey, despite herself, has fun with him at times, chasing him and batting him around the backyard. Perhaps the flyer should have instead read, “GOOD DOG, FREE TO A LUCKY HOME.”

www.stpetebar.com Paraclete – November 2012 27

W hy should I join the Foundation?

What does the Foundation do? I have been asked that question by many as the Foundation continues its membership drive. The Foundation supports the community in many ways. One project of the Foundation is the Gus A. Stavros Institute. Many of you with children know that the Stavros Institute houses Enterprise Village and Finance Park.

Created in 1989, the Stavros Institute is a partnership between the Pinellas Education Foundation and Pinellas County Schools. The Stavros Institute’s Enterprise Village provides a hands-on learning experience for fifth grade students to learn about the free enterprise system and to learn what a day in the workforce is like. Students complete six weeks of classroom curriculum before visiting Enterprise Village where they have a job, receive a paycheck and have the opportunity to be consumers in the village storefronts. The Village includes a professional law office where students

can learn different aspects of law. All public school students in Pinellas County participate in the program as well as many private school students and out of county students. In 2011, Enterprise Village welcomed 10,000 fifth grade students.

Finance Park is the program for the eighth grade students. This program also has a six week in-classroom curriculum and visit to Finance Park, but its focus is on monetary decision making. Finance Park assists students in developing basic personal finance concepts and budgeting. Learning

these concepts in middle school will provide a solid foundation that will enhance their adult lives. The visit to Finance Park allows the students to make many financial decisions, including legal, investment, housing and banking. Finance Park includes a courtroom where legal decisions must be made. In 2011, 8,000 eighth grade students visited Finance Park.

Since 1989, more than 500,000 students have visited the Stavros institute. The Institute’s

Enterprise Village and Finance Park are wonderful opportunities to demonstrate to the children in our community what lawyers do. Both programs fit squarely in the Foundation’s mission to “fund, develop, and promote efforts which enhance the legal profession and encourage better public understanding and access to the judicial system.” The Foundation is able to provide funding to the Stavros Institute through the generosity of our members and sponsors. Join the Foundation today to continue supporting our community.

28 St. Petersburg Bar Association www.stpetebar.com

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 Erin K. Barnett, Foundation President

Dec 2012/ Jan 2013 Issue......Copy must be receieved by noon, November 15th, 2012

February 2013 Issue...............Copy must be receieved by noon, December 15th, 2012

March 2013 Issue...........Copy must be receieved by noon, January 15th, 2013

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

Pa 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 2012 29

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

By Kimberly Rodgers, Executive Director

30 St. Petersburg Bar Association www.stpetebar.com

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.

Approximately 150 guests filled the Ballroom of the St. Petersburg Yacht Club on the evening of September

27th to help us celebrate our vision of equal access through the legal process for all and to recognize the outstanding commitments of others to the cause of pro bono service. Included among the guests were Chief Judge J. Thomas McGrady, Judge Demers, Judge Fleming, Judge Freeman, and Judge O’Brien, Thomas Ramsberger (Circuit Judge-elect), Timothy Miller (president of the SPBA), Nancy Biesinger (vice-president of the SPBF), and Myriam Irizarry (Chief Deputy and General Counsel to the Clerk of Court).

The evening began with a cocktail reception at 6:00 followed by our program at 7:00. Raleigh (“Lee”) Greene, president-elect of the SPBA, was a magnificent master of ceremonies for this event. Linda Perrigoue, president of CLP, recognized our incredibly generous sponsors and presented the slate of members and officers for the 2012-2013 term of CLP’s board of trustees. (stay tuned to a future column for an introduction to these new members and a tribute to the retiring members).

After a wonderful dinner, our keynote speaker, Paul Tash, chairman & CEO of the Times Publishing Company, gave an impassioned message on the importance of the upcoming election, particularly with respect to 3 key referenda that impact the health and education of our children and future leaders of tomorrow and threaten the independence of our state judiciary.

The highlight of the evening was the presentation of our pro bono awards by the Honorable David A. Demers. Congratulations to the following award recipients:

• Ted Starr (Pro Bono Award in memory of David L. Stout)

• Law Office of William H. Walker

(Rachel Bennett) (Law Firm Pro Bono Award)

• Patricia Lee (Family Law Pro Bono Award in memory of Christina Ippolito)

• David Blum (Clinic Award in memory of Larry Hyman)

• Kristina Elizabeth Feher (Young Lawyers Award); and

• Stetson College of Law (Community Outreach Award)

This event was a success largely due to the tireless efforts of Rebecca Frank, CLP board member and event chair, and the other members of CLP’s board of trustees. Thank you also to Kyle Fleming Photography for the design work and photography for this event. Finally, this event could not have been possible without the incredible generosity of the following sponsors:

Gold SponsorsAdams and Reese LLP

Regions BankStetson College of Law

Traub Lieberman Straus & Shrewsberry LLP

Silver Sponsors

Keela & Scot SamisWorth & Betsy Blackwell

Bronze Sponsors

Carin M. Constantine, P.A.Chelsie Lamie, Esq.

Ellen Fontana, CPA, LLCFisher & Suals, P.A.

Kenneth W. Lark, P.A.Law Offices of Amy G. Bellhorn, PLLC

In-kind Sponsors

Merkantile Marketing, LLC

Minuteman Press of St. Petersburg

www.stpetebar.com Paraclete – November 2012 31

What’s Up and Who’s New November 2012

ANNOUNCEMENTSAdams and Reese had seven attorneys

from its St. Petersburg and Tampa offices named to the 2013 edition of The Best Lawyers in America®. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. In the firm’s St. Petersburg office, Best Lawyers honorees included Partner David Bernstein - Real Estate Law; Partner Jim Dickson - Construction Law and Litigation - Construction; and Partner Richard Malchon - Bankruptcy and Creditor-Debtor Rights Law. In the firm’s Tampa’s office, Best Lawyers honorees included Partner Bob Boos - Bankruptcy, Construction and Real Estate Litigation; Partner Marilyn Healy - Land Use and Zoning Law; Partner Don Mihokovich - Commercial Litigation; and Partner Lynn Sherman - Bankruptcy and Creditor-Debtor Rights Law and Bankruptcy Commercial Litigation.

Adams and Reese is pleased to announce the addition of a new office in Tallahassee, its 14th in 13 markets. The firm’s Southern footprint already includes Florida offices in Tampa, St. Petersburg, and Sarasota. The new office opens with attorneys and staff from the Tallahassee-based firm, Igler & Dougherty, P.A. The announcement was made by Charles P. Adams, Jr., Managing Partner of Adams and Reese. The addition of a Tallahassee office further strengthens the client services and regional footprint of Adams and Reese and increases the firm’s size to over 50 attorneys in Florida, and over 300 attorneys and advisors firmwide.

Burr & Forman LLP announced that, effective October 1, it has combined with Tampa law firm Williams Schifino Mangione & Steady, P.A. The combination marks Burr & Forman’s entrance into the Tampa market, following the addition of a Fort Lauderdale office in April, and complementing the firm’s growing presence in Orlando. With the addition of 23 attorneys from Williams Schifino, Burr & Forman it now has a total of 55

attorneys across Florida, and 277 firmwide across nine offices in five Southeastern states.

The Bradenton office of Lewis, Longman & Walker, P.A. has a new waterfront view. LLW hosted an open house reception on October 3, 2012, to celebrate their relocation to 101 Riverfront Boulevard in Bradenton, Florida. Over 80 people attended the event, which was catered by Simply Gourmet, and representatives from the Manatee Chamber of Commerce attended for the ribbon-cutting ceremony.

The law firm of Thompson Goodis Thompson Groseclose Richardson & Miller, P.A., is pleased to announce the addition of 3 new attorneys to the firm: Paul M. Silverstri, Esq., Mr. Silvestri is a 2009 graduate of Stetson University College of Law. He will focus his practice on insurance defense of first and third party liability disputes, with a focus on property claims and will practice in the firm’s St. Petersburg office; Maria A. Barnaky, Esq., Ms. Barnaky is a 2009 graduate of Stetson University College of Law. Ms. Barnaky will focus her practice on the defense of medical negligence claims involving motor vehicle liability, first and third party insurance disputes, and construction law and will also practice in the firm’s St. Pete office; and Monique H. Baros, Esq., Ms. Baros is a 2010 graduate of Stetson University College of Law. Since joining the firm, she has concentrated her area of practice in general insurance defense, including motor vehicle liability, premises liability, and construction law. Ms. Baros will practice in the firm’s Lakewood Ranch office.

NEW AND REINSTATED MEMBERSBARNAKY, MARIA ANN700 Central Ave., STE 500St. Petersburg, FL 33701-3636Phone: 727-823-0540; Fax: 727-823-0230E-mail: [email protected]. from the University of Central Florida, J.D. from Stetson University

College of Law. Admitted to The Florida Bar in 2009, Ms. Barnaky is an associate with Thompson Goodis Thompson Groseclose Richardson and Miller, P.A.

DEMA, MICHAEL JOSEPH1034 27th St. N.St. Petersburg, FL 33713-6824Phone: 727-410-2236; Fax: 727-410-2236E-mail: [email protected]. from American University, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2011, Mr. Dema is a sole practitioner.

DEYOUNG, DONALD TOBYN LEE449 Central Ave., STE 105St. Petersburg, FL 33701-3876Phone: 727-327-1675; Fax: 727-327-1740E-mail: [email protected] degree from Florida State University, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 1994, Mr. DeYoung is a sole practitioner.

DOCHERTY, CAITLIN980 Tyrone Blvd.St. Petersburg, FL 33710-6333Phone: 727-381-2300; Fax: 727-343-4059E-mail: [email protected] degree from the University of Tampa, J.D. from the University of Florida Levin College of Law. Admitted to The Florida Bar in 2012, Ms. Docherty is an associate with Battaglia, Ross, Dicus & Wein, P.A.

DUFRESNE, ANDREA5150 Central Ave.St. Petersburg, FL 33707-1833Phone: 322-1999 Fax: 327-7999E-mail: [email protected]. from Boston University. J.D. from Stetson University College of Law. Admitted to The Florida Bar 2011, Ms. Dufresne is an associate with The Reissman Law Group, P.A.

HENSON, KOREY L.1401 61st St. S.Gulfport, FL 33707-3246Phone: 727-562-7815Fax: 727-347-5692

32 St. Petersburg Bar Association www.stpetebar.com

www.stpetebar.com Paraclete – November 2012 33

E-mail: [email protected]. from Allegheny College, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2009, Mr. Henson is Assistant Director of Career Development with Stetson University College of Law.

HILL, AMBER 721 1st Ave. N., STE 104St. Petersburg, FL 33701-3603Phone: 727-776-1617Fax: 727-898-7218E-mail: [email protected] degree from the University of South Florida, J.D. from the University of Florida. Admitted to The Florida Bar in 2010, Ms. Hill is a sole practitioner.

KAPLAN, DARAH LENA500 E. Kennedy Blvd., STE 100Tampa, FL 33602-4990Phone: 813-273-9166Fax: 813-273-6826E-mail: [email protected]. from the University of Florida, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2012, Ms. Kaplan is an associate with Collins Law Group.

LANG, ANNETTE669 First Ave. N.St. Petersburg, FL 33701-3601Phone: 727-424-4389Fax: 727-823-7351E-mail: [email protected]. from Rutgers University, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2012, Ms. Lang is an associate with Biasotti and Associates.

LATTA, PATRICIA MASON920 College Hill Dr.Clearwater, FL 33765-2312Phone: 727-953-8184 E-mail: [email protected]. & J.D. from the University of Florida. Admitted to The Florida Bar in 2006, Ms. Latta is a sole practitioner.

NATE, ADAM JOSEPH14250 49th St. N.Clearwater, FL 33762-2800Phone: 727-464-6516Fax: 727-464-6119E-mail: [email protected]. from the University of Wisconsin, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2010, Mr. Nate is an Assistant Public Defender.

PEEK, DAVID A.6572 Seminole Blvd., STE 9Seminole, FL 33772-6347Phone: 727-393-8822Fax: 727-398-6965E-mail:[email protected] degree from Carson-Newman College, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 1995, Mr. Peek is a sole practitioner.

PULSIFER, TYSON J.146 2nd St. N., STE 100St. Petersburg, FL 33701-3361Phone: 727-329-8956Fax: 727-329-8960E-mail: [email protected]. from Limestone College, J.D. from Stetson University College of Law. Admitted to The Florida Bar in 2012, Mr. Pulsifer is an associate with Westerman White Zetrouer, P.A.

REISSMAN, MARSHALL5150 Central Ave.St. Petersburg, FL 33707-1833Phone: 727-322-1999Fax: 727-327-7999E-mail: [email protected]. & J.D. from Florida State University. Admitted to The Florida Bar in 1980, Mr. Reissman is a sole practitioner.

WELLER, BARBARA MICHELLE1222 79th St. S.St. Petersburg, FL 33707-2719Phone: 727-343-9488Fax: 727-343-9688E-mail: [email protected]. from the University of West Florida, M.S. from Sanford University, and J.D. from Stetson University College of Law. Admitted to The Florida Bar in 1983, Ms. Weller is a sole practitioner.

WEYLIE, PHILIP A.700 7th Ave. N.St. Petersburg, FL 33701-2230Phone: 727-698-6515Fax: 727-787-8343E-mail: [email protected]. from Eckerd College, J.D. from Stetson University College of Law. Admitted to The Florida in Bar in 2012, Mr. Weylie is a sole practitioner.

STUDENT MEMBERSBANDARYK, IRYNA

Phone: 727-488-4764E-mail: [email protected] degree from Belarussian State University. Currently attending Stetson University College of Law.

BUSHEY, RACHAELPhone: 727- 260-3440E-mail: [email protected]. from Florida State University. Currently attending Stetson University College of Law.

GOODWIN, MATTHEW A.Phone: 586-718-5699E-mail: [email protected]. from the University of Michigan. Currently attending the University of Florida Levin College of Law.

HINES, JHENERRPhone: 386-265-2580E-mail: [email protected]. from Bethune-Cookman University. Currently attending Stetson University College of Law.

LAMPERT, HAILEY FELICIAPhone: 561-289-2279E-mail: [email protected]. from Florida State University. Currently attending Stetson University College of Law.

NEALY-BROWN, JOUNICE LAVERNEPhone: 727-864-3711E-mail: [email protected]. from Howard University. Currently attending Stetson University College of Law.

PARKER, CHRISTOPHER ALANPhone: 717-615-1960E-mail: [email protected]. from Lafayette College. Currently attending Stetson University College of Law.

PAYNE, JONATHAN TYLERPhone: 727-204-0143E-mail: [email protected]. from the University of Florida. Currently attending Stetson University College of Law.

SIMMS, LAKEISHA R.Phone: 813-484-2925E-mail: [email protected]. from Florida State University. Currently attending Stetson University College of Law.

Continued on page 34

CLEARWATER – Office space to share/lease. Receptionist, use of conference room, waiting room, copier, more. One, two, or three offices available. Newport Square, East Bay Drive. Larry Sandefer. 727-726-5297.

CLEARWATER/LARGO – Well-appointed office to share - between US 19 N and the 49th Street criminal court complex. Two offices (one w/half bath), two paralegal stations and both a conference and file/copy room for exclusive use. Shared access to a large meeting room, reception and kitchen areas. Approx. 1800sf in a professional environment. Includes utilities. Call 727 299-0449.

PINELLAS PARK – 5223 Park Blvd. Two renovated second floor offices with connecting door totaling 800 sq. ft., Includes shared: signage, parking lot, lobby, kitchen, restrooms, conference room and server/phone room, $750 plus shared electric. Call John Della Costa 727-631-5900.

LARGO - Law Office for Lease. Located in Largo at 1501B Belcher Rd. South, just north of Ulmerton, 1421 sq ft., recently redecorated with custom floor molding, new carpet and paint. includes 2 large offices, 2 smaller offices, 1 large conference room, receptionist station and waiting room. Building manager on site. $1400 monthly includes all expenses except phone and internet. Contact Glenn @ 727-524-8100.

ST. PETERSBURG – 4th Street and Gandy Blvd. Up to two offices available with or without shared reception, word processing, fax, copier, wireless internet, and/or use of larger conference rooms. Rates vary depending on needs $450 - $950. 727-623-9080.

ST. PETERSBURG – DOWNTOWN: “The Paramount” 721 First Avenue North. One Block from courthouse/county building. 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 Parker 727-502-0255.

ST. PETERSBURG – LOWER PRICE - DOWNTOWN BY COURTHOUSE – Office space for rent on first floor adjacent to the Courthouse; 525 – 1st Avenue North; includes your business sign at street level; completely renovated, move in ready; three offices plus waiting area; 700 square feet; annual lease; $845 per month full service gross (includes utilities); Contact Fogarty & Finch Inc, Chris Finch, owner/licensed RE Broker 727-822-4343.

Classifieds

Office Space:

34 St. Petersburg Bar Association www.stpetebar.com

WILL SEARCH

Anyone with information on the Will of Raymond

Gregory Faulkner, a/k/a Greg Faulkner, who worked as an electrical engineer in mid-

Pinellas County, while living in Treasure Island, and died on September 5, 2012, please contact Attorney James M. Hammond (Clearwater, FL),

727-791-0044, [email protected].

What’s Up and Who’s Who, Continued from page 33

SWIFT, BRYONY G.Phone: 402-217-3191E-mail: [email protected]. from the University of Nebraska. Currently attending Stetson University College of Law.

THOMAS, PAULPhone: 239-287-0991E-mail: [email protected]. & M.B.A. from Florida Gulf Coast University. Currently attending Stetson University College of Law.

TINDELL, JENNIFER MICHELLEPhone: 850-910-5996E-mail: [email protected]. from the University of West Florida. Currently attending Stetson University College of Law.

WEISS, BRITTANYPhone: 498-6305E-mail: [email protected]. from Stetson University. Currently attending Stetson University College of Law.

WILLARD, WYNNPhone: 821-0270E-mail: [email protected]. from Lehigh University. Currently attending Stetson University College of Law.

AFFILIATE MEMBERSBUSH, JAMES13577 Feather Sound Dr., STE 500Clearwater, FL 33762-5550Phone: 727-386-1604; Fax: 727-561-4131E-mail: [email protected]. from the University of Texas at Austin. Mr. Bush is Vice President of TD Bank.

GOVONI, CAITLIN4912 Creekside Dr.Clearwater, FL 33760-4019Phone: 727-894-4489; Fax: 727-894-4036E-mail: [email protected]. from Saint Anseim College, M.B.A. from Saint Leo University. Ms. Govoni is the Settlement Services Consultant with The Center for Special Needs Trust Administration.

ASSOCIATE MEMBERSMARKELL, LAWRENCE J.4802 27th Ave. S.Gulfport, FL 33711-3604Phone: 561-302-2015E-mail: [email protected]. from the University of Vermont, J.D. from Boston College. Mr. Markell is a volunteer at the Community Law Program.