GOVERNOR RON DESANTIS APPOINTS TWO NEW JUDGES

Governor Ron DeSantis announced the appointments of Judge Laura Laurie and Judge John Parnofiello


Laura Laurie

Laurie, of Lake Worth, is chief of traffic homicide and felony trial units in the State Attorney’s office. She received her bachelor’s degree from Florida Gulf Coast University and her law degree from Nova Southeastern University – Shepard Broad College of Law in 2007. Laurie fills the Circuit Court seat vacancy created by the elevation of Judge Edward Artau to the Fourth District Court of Appeals.

John Parnofiello

Parnofiello, of Jupiter, is a prosecutor with the State Attorney’s Office. He received his bachelor’s and his law degree from the University of Florida. Parnofiello fills the County Court seat vacancy created by the elevation of Judge Paige Gillman to the Judicial Circuit Court.

15TH CIRCUIT JUDICIAL NOMINATING COMMISSION CERTIFICATION OF NOMINEES – JUDGE PAIGE GILLMAN VACANCY

The Fifteenth Circuit Judicial Nominating Commission (“JNC”) takes pleasure in certifying the following nominees to fill the vacancy for a County Court Judge position created by the resignation of Judge Paige Gillman, pursuant to the Governor’s Letter to Convene dated June 25, 2020:

  1. Peter Bassaline
  2. Melanie Casper
  3. Laura Laurie
  4. John Parnofiello
  5. Michael Rachel
  6. Schnelle Tonge

A list of members of the Fifteenth Circuit JNC is available at https://www.flgov.com/judicial-and-judicial-nominating-commission-information/.

If you have any questions, please contact Robert Harvey at (561) 303-2918, or by email at rharvey@jenksharveylaw.com

15TH CIRCUIT JUDICIAL NOMINATING COMMISSION CERTIFICATION OF NOMINEES – JUDGE EDWARD ARTAU VACANCY

The Fifteenth Circuit Judicial Nominating Commission (“JNC”) takes pleasure in certifying the following nominees to fill the vacancy for a Circuit Court Judge position created by the resignation of Judge Edward Artau, pursuant to the Governor’s Letter to Convene dated June 17, 2020:

  1. Judge August Bonavita
  2. Melanie Casper
  3. Judge Bradley Harper
  4. Laura Laurie
  5. Judith Levine
  6. John Parnofiello

A list of members of the Fifteenth Circuit JNC is available at https://www.flgov.com/judicial-and-judicial-nominating-commission-information/.

If you have any questions, please contact Robert Harvey at (561) 303-2918, or by email at rharvey@jenksharveylaw.com

Arbitration Case Law Update

July | August 2020
By: Donna Greenspan Solomon, Esq.

 

Anderson v. Am. Gen. Life Ins. Co., 802 Fed. Appx. 548 (11th Cir. 2020) (arbitrator faced with jurisdictional challenge was not required to hear evidence of whether employer breached optional and informal dispute resolution procedure or whether employer’s upper management knew about rigged sales contest used to decide promotion at issue).

 

Mason v. Midland Funding LLC, 18-14019, 2020 WL 2466370, at *4 (11th Cir. May 13, 2020) (defendant failed to show that plaintiff agreed to arbitrate by assenting to clickwrap agreement that was part of online credit application where evidence did not establish that plaintiff ever received or knew of arbitration agreement).

 

Iglehart v. Mitbank USA, Inc., 285 So. 3d 331 (Fla. 4th DCA 2019) (Co-trustee did not waive right to arbitration under land trust agreement by filing suit under contemporaneous but separate trust management agreement).

4927 Voorhees Rd., LLC v. Tesoriero, 291 So. 3d 668, 673 (Fla. 2d DCA 2020) (arbitration agreement containing improper damages and fees provisions could be severed from arbitration agreement; conflict certified with Novosett v. Arc Villages II, LLC, 189 So. 3d 895 (Fla. 5th DCA 2016)).

 

Hobby Lobby Stores, Inc. v. Cole, 287 So. 3d 1272 (Fla. 5th DCA 2020) (Arbitration agreement was not procedurally unconscionable, even though employee asserted he had a high school education, did not know what arbitration was, and believed he had no choice but to sign it; arbitration agreement’s operative terms were not hidden, minimized, or buried in fine print, there was no evidence that employee could not read the agreement or that corporation pressured, rushed, or coerced him into signing it, and employee did not allege that corporation made false representations to induce him to sign it, or that he asked any questions about the agreement, or that he expressed any confusion about its terms, or that he lacked opportunity to inquire into the agreement’s terms or to enlist help if confused).

 

Efron v. UBS Fin. Services Inc. of Puerto Rico, 45 Fla. L. Weekly D309 (Fla. 3d DCA Feb. 12, 2020) (trial court erred in confirming $9.7 million arbitration award where panel denied motion for postponement due to withdrawal of counsel, giving no specific reason).

 

Ciccarello v. Siena Villas at Beach Park Condo. Ass’n, Inc., 45 Fla. L. Weekly D568 (Fla. 2d DCA Mar. 11, 2020) (appellate court lacks jurisdiction to review arbitration award in absence of timely-filed motion for trial de novo in circuit court pursuant to section 718.1255(4)(k), Fla. Stat.).

 

Doe v. Natt, 45 Fla. L. Weekly D712 (Fla. 2d DCA Mar. 25, 2020) (clickwrap agreement stating that any arbitration would be administered by American Arbitration Association (AAA) in accordance with its rules did not constitute clear and unmistakable evidence of parties’ assent; agreement was silent on issue of arbitrability, agreement’s reference to AAA rules was broad, nonspecific, and cursory, and AAA rule that arbitrator shall have power to rule on scope or validity of arbitration agreement or arbitrability of any claim conferred adjudicative power on arbitrator but did not make that power exclusive or contractually remove adjudicative power from court).

 

H Greg Auto Pompano, Inc. v. Raskin, 45 Fla. L. Weekly D702 (Fla. 3d DCA Mar. 25, 2020) (although section 682.03, Florida Statutes, requires a stay while motion to compel arbitration is pending, the statutory language does not mandate a stay during appeal of denial of motion to compel; noting difference with Eleventh Circuit in Blinco v. Green Tree Servs., LLC, 366 F.3d 1249, 1253 (11th Cir. 2004) (litigation should be stayed so long as appeal is non-frivolous)).

City of Hollywood v. Perrin, 45 Fla. L. Weekly D694 (Fla. 4th DCA Mar. 25, 2020) (employee’s complaint that city erroneously calculated his longevity and seniority contained arguable allegation of unfair labor practice, over which Public Employees Relations Commission (PERC) had exclusive jurisdiction, and thus trial court could not compel arbitration).

 

Timmons v. Lake City Golf, LLC, 45 Fla. L. Weekly D797 (Fla. 1st DCA Apr. 7, 2020) (final judgment provided former partner with sole recourse process contemplated in arbitration, and thus was not flawed for failing to give him right of execution and final process).

 

CWELT-2008 Series 1045 LLC v. Park Gardens Ass’n, Inc., 45 Fla. L. Weekly D1001 (Fla. 3d DCA Apr. 29, 2020) (plaintiff waived right to demand arbitration on counterclaim that was “flip side” of claim it had actively litigated).

 


Donna Greenspan Solomon is one of three attorneys certified by The Florida Bar as both Business Litigator and Appellate Specialist.  Donna is a Member of the AAA’s Roster of Arbitrators (Commercial Panel).  She is a FINRA-Approved and Florida Supreme Court Qualified Arbitrator.  She is also a Certified Circuit, Appellate, and Family Mediator.  Donna is a Member of the Florida Supreme Court Committee on Standard Jury Instructions—Contract and Business Cases.  Donna can be reached at (561) 762-9932 or Donna@SolomonAppeals.com or by visiting www.solomonappeals.com.

 

For additional ADR tips and resources, please go to the ADR Committee page of the updated Palm Beach County Bar Association website at www.palmbeachbar.org.

15TH CIRCUIT JUDICIAL NOMINATING COMMISSION NOTICE OF INTERVIEW SCHEDULE

FOR IMMEDIATE RELEASE
July 10, 2020
CONTACT:  Robert J. Harvey, Chair
Fifteenth Circuit Judicial Nominating Commission
TELEPHONE:  (561) 303-2918

 

The Fifteenth Circuit Judicial Nominating Commission (“JNC”) announces that the following persons will be interviewed on Friday, July 17, 2020, to fill the vacancies for a Circuit Court Judge position created by the elevation of Judge Edward Artau and a County Court Judge position created by the elevation of Judge Paige Gillman:

 

9:00 a.m.               Ashley Ackerman

9:10 a.m.               Peter Bassaline

9:20 a.m.               Judge August Bonavita

9:30 a.m.               Rebecca Brock

9:40 a.m.               Marsha Bunn

9:50 a.m.               Melanie Casper

10:00 a.m.             Lloyd Comiter

10:10 a.m.             Sarah Cortvriend

10:20 a.m.             Jonathan Galler

10:30 a.m.             Break

10:40 a.m.             Jonathan Giddens

10:50 a.m.             Judge Bradley Harper

11:00 a.m.             Nicole Hunt Jackson

11:10 a.m.             Allison Oasis Kahn

11:20 a.m.             George Lagos

11:30 a.m.             Patricia Judge-Lashley

11:40 a.m.             Laura Laurie

11:50 a.m.             Judith Levine

12:00 p.m.             Adriana Lopez

12:10 p.m.             Break

1:10 p.m.               Ilana Marcus

1:20 p.m.               Jorge Maxion

1:30 p.m.               Brian McMahon

1:40 p.m.               Jean Marie Middleton

1:50 p.m.               C. Annelies Mouring

2:00 p.m.               John Parnofiello

2:10 p.m.               Michael Rachel

2:20 p.m.               Alcolya St. Juste

2:30 p.m.               James Sherman

2:40 p.m.               Break

2:50 p.m.               Ori Silver

3:00 p.m.               J.D. Small

3:10 p.m.               Sorraya Solages-Jones

3:20 p.m.               Stephanie Tew

3:30 p.m.               Schnelle Tonge

3:40 p.m.               Karen Velez

3:50 p.m.               Kevin Walsh

4:00 p.m.               Jeremy Zubkoff

4:10 p.m.               JNC Deliberations

 

The above interviews will be conducted in person at the Palm Beach County Bar Association (“PBCBA”), 1507 Belvedere Road, West Palm Beach, Florida, 33406.

Each applicant will be allowed a three minute opening statement. All persons entering the PBCBA are required to wear face coverings and social distancing measures will be strictly enforced. The interviews will be transcribed by Phipps Reporting pro bono.

JNC proceedings are open to the public, except for deliberations. However, senior citizens and individuals with significant underlying medical conditions are strongly encouraged to stay at home and take all measures to limit the risk of exposure to COVID-19. A list of members of the Fifteenth Circuit JNC is available at https://www.flgov.com/judicial-and-judicial-nominating-commission-information.

If you have any questions, please contact Robert Harvey at (561) 303-2918, or by email at rharvey@jenksharveylaw.com

APPLICATIONS SOUGHT FOR VACANCIES ON THE FOLLOWING JNCS: SUPREME COURT, 3RD DCA, 3RD CIRCUIT, 9TH CIRCUIT, 13TH CIRCUIT, 15TH CIRCUIT AND 18TH CIRCUIT

FOR IMMEDIATE RELEASE
July 9, 2020
CONTACT: Kristen Wilson; kwilson@floridabar.org
The Florida Bar
TELEPHONE: (850) 561-5757

 

The Florida Bar is accepting applications for lawyer vacancies on each of the Supreme Court, Third DCA, Third Circuit, Ninth Circuit, 13th Circuit, 15th Circuit, and 18th Circuit Judicial Nominating Commissions.

On July 2, the Bar received notification from the Governor’s Office of one commissioner resignation and six rejected slates of Florida Bar JNC nominees. Pursuant to Section 43.29(1)(a), Florida Statutes, The Florida Bar must submit new lists of different nominees for each vacancy to the governor for appointment. The appointees will serve the remainder of a four-year term, commencing immediately upon appointment by the governor.

Applicants must be members of The Florida Bar engaged in the practice of law and a resident of the territorial jurisdiction served by the commission to which the member is applying. Commissioners are not eligible for state judicial office for vacancies filled by the JNC on which they sit for two years following completion of their term.

Applications must be submitted no later than 5:30 p.m., Friday, Aug. 14, in the Executive Director’s office of The Florida Bar. Resumes will not be accepted in lieu of an application. Screening committees of the Board of Governors will review all JNC applications and make recommendations to the Executive Committee.

Persons interested in applying for any of these vacancies may click here to complete and download the application form from the Bar’s website, www.floridabar.org, or should call Bar headquarters at 850-561-5757, to obtain the application. Completed applications must be received by the Executive Director, The Florida Bar, Fax 850-561-9405, or email jncform@flabar.org, by the Aug. 14 deadline.

15TH CIRCUIT JUDICIAL NOMINATING COMMISSION ELECTION OF NEW CHAIR AND VICE-CHAIR

FOR IMMEDIATE RELEASE
July 9, 2020
CONTACT:  Robert J. Harvey, Chair
Fifteenth Circuit Judicial Nominating Commission
TELEPHONE:  (561) 303-2918

 

The Fifteenth Circuit Judicial Nominating Commission (“JNC”) held its 2020 Annual Meeting on July 7, 2020.

The JNC elected Robert Harvey of Jenks & Harvey LLP to serve as Chair and Gordon Dieterle of Peter M. Feaman, P.A. was elected to serve as Vice Chair for 2020-2021.

A list of members of the Fifteenth Circuit JNC is available at https://www.flgov.com/judicial-and-judicial-nominating-commission-information.

15TH CIRCUIT JUDICIAL NOMINATING COMMISSION LIST OF APPLICANTS

FOR IMMEDIATE RELEASE
July 3, 2020
CONTACT:  Robert J. Harvey, Esq.
Fifteenth Circuit Judicial Nominating Commission
TELEPHONE:  (561) 303-2918

 

The Fifteenth Circuit Judicial Nominating Committee (“JNC”) announces that it has received applications from the following persons for nominations to fill the vacancies for a Circuit Court Judge position created by the elevation of Judge Edward Artau and a County Court Judge position created by the elevation of Judge Paige Gillman:

  1. Ashley Ackerman
  2. Peter Bassaline
  3. Judge August Bonavita
  4. Rebecca Brock
  5. Marsha Bunn
  6. Melanie Casper
  7. Lloyd Comiter
  8. Sarah Cortvriend
  9. Jonathan Galler
  10. Jonathan Giddens
  11. Judge Bradley Harper
  12. Nicole Hunt Jackson
  13. Allison Oasis Kahn
  14. George Lagos
  15. Patricia Judge-Lashley
  16. Laura Laurie
  17. Judith Levine
  18. Adriana Lopez
  19. Ilana Marcus
  20. Jorge Maxion
  21. Brian McMahon
  22. Jean Marie Middleton
  23. Annelies Mouring
  24. John Parnofiello
  25. Michael Rachel
  26. Alcolya St. Juste
  27. James Sherman
  28. Ori Silver
  29. J.D. Small
  30. Sorraya Solages-Jones
  31. Stephanie Tew
  32. Schnelle Tonge
  33. Karen Velez
  34. Kevin Walsh
  35. Jeremy Zubkoff

The JNC anticipates conducting applicant interviews for both vacancies on Friday, July 17, 2020.

The JNC intends to conduct any interviews for both the Circuit Court and County Court vacancies concurrently. The JNC will publish on the Florida Bar’s website https://www.floridabar.org, the Palm Beach County Bar Association’s website www.palmbeachbar.org and Governor Ron DeSantis’ judicial webpage https://www.flgov.com/judicial-and-judicial-nominating-commission-information/, the time, location, and method of any interviews that the JNC chooses to conduct.  JNC proceedings are open to the public, except for deliberations.  Applications are not confidential.  If an applicant is nominated, all materials attached to the original application will be submitted to the Governor.

A list of members of the Fifteenth Circuit JNC is available at https://www.flgov.com/judicial-and-judicial-nominating-commission-information/.Members of the bench, the Bar and the public are urged to contact the members of the Commission concerning applicants for judicial positions.

If you have any questions, please call Mr. Harvey at (561) 303-2918, or email at rharvey@jenksharveylaw.com

15TH CIRCUIT JUDICIAL NOMINATING COMMISSION NOTICE OF VACANCY AND ACCEPTANCE OF APPLICATIONS

FOR IMMEDIATE RELEASE
June, 25, 2020
CONTACT:  Robert J. Harvey, Esq.
Fifteenth Circuit Judicial Nominating Commission
TELEPHONE:  (561) 303-2918

The Fifteenth Circuit Judicial Nominating Committee (“JNC”) announces one vacancy for a County Court Judge position created by the elevation of Judge Paige Gillman.  The JNC has been asked to provide Governor Ron DeSantis with nominees for the County Court vacancy by Friday, July 17, 2020.

Qualifications of Applicants:

Applicants must be able to fulfill the Constitutional qualifications before assuming the office of County Court Judge, which require the person to be a member in good standing of The Florida Bar for the preceding five years, a resident of the Fifteenth Judicial Circuit and a registered voter in the State of Florida.

Instructions for Submission:

1)            The current Judicial Application form must be used and can be found at https://www.flgov.com/judicial-and-judicial-nominating-commission-information/. Applicants should ensure they are using the correct and current Revised Judicial Application form.

2)            The completed original application must be typed, bound and two-sided.  The application must include a photograph.

3)            In addition to the original application, applicants must provide the following:  (i) one original electronic copy of the application, including all attachments, in pdf format, (ii) one redacted electronic copy of the application, including all attachments, in pdf format, excluding all exempt information under Chapter 119 of the Florida Statutes or other applicable public records law. Each electronic application along with any exhibits, must be a single pdf file.

4)            Applications.  The deadline for submission of the completed application is 5:00 p.m., July 2, 2020Applications submitted after the deadline will not be considered.  Both the original and redacted electronic applications must be submitted by email to rharvey@jenksharveylaw.com. The completed original typed and bound application must be delivered to Robert J. Harvey, Jenks & Harvey LLP, 1555 Palm Beach Lakes Blvd., 16th Floor, West Palm Beach, FL 33401. Please ensure the Application is complete, including all required responses (including references, case style and contact information regarding recent cases, and class standing and degree information regarding education), and all required attachments (writing sample, financial disclosure, photograph).  Incomplete applications may not be considered.

5)            Pending Circuit Court Vacancy. The JNC is currently accepting applications for the Circuit Court vacancy created by the elevation of Judge Edward Artau. The JNC intends to conduct any interviews for both the Circuit Court and County Court vacancies concurrently. When submitting the Application all applicants must indicate whether they are applying for Circuit Court, County Court, or for both vacancies. The JNC is required to certify separate lists for each vacancy. 

Additional Information:

The JNC will publish on the Palm Beach County Bar Association’s website www.palmbeachbar.org and Governor Ron DeSantis’ judicial webpage https://www.flgov.com/judicial-and-judicial-nominating-commission-information/   the time, location, and method of any interviews that the JNC chooses to conduct.

All JNC proceedings are open to the public, except for deliberations.  Applications are not confidential.  If an applicant is nominated, all materials attached to the original application will be submitted to the Governor.

A list of members of the Fifteenth Circuit JNC is available at https://www.flgov.com/judicial-and-judicial-nominating-commission-information/.Members of the bench, the Bar and the public are urged to contact the members of the Commission concerning applicants for judicial positions.

If you have any questions, please call Mr. Harvey at (561) 303-2918, or email at rharvey@jenksharveylaw.com