BOARD OF GOVERNORS TO MAKE DECEMBER APPOINTMENTS
Florida Realtor-Attorney Joint Committee: Five lawyers, one from each state appellate district, are needed to serve two-year terms beginning Jan. 1, 2021. The Florida Bar president receives the recommendations of the Real Property, Probate and Trust Law Section for consideration. The committee membership includes 11 lawyers appointed by The Florida Bar and 11 realtors appointed by the Florida Association of Realtors. The committee promotes cordial relations between realtors and attorneys and presents educational seminars.
Florida Rural Legal Services: One attorney is needed to serve a three-year term beginning Jan. 1, 2021, on its 20-member Board of Directors. Other appointing organizations are the NBA, Virgil Hawkins Florida Chapter, ACLU, voluntary bar associations and various other eligible client and community organizations. The mission of Florida Rural Legal Services is to empower low income individuals, groups and communities by providing them with access to justice through legal advice, representation, and advocacy.
Eleventh Circuit Judicial Conference: One delegate is needed to represent the Southern District of Florida to serve a four-year term beginning Jan. 1, 2021. The biennial conference consists of educational opportunities and meetings (by state) on matters of mutual concern. The Bar’s three delegates contribute to planning and organizing an event during the conference in every odd numbered year.
Persons interested in applying for these vacancies may click here to download the Application for Special Appointment or should call Bar headquarters at (850) 561-5757, to obtain the application form. Completed applications must be received by the Executive Director, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida, 32399-2300 or submitted via e-mail to [email protected] no later than the close of business on Friday, Oct. 23, 2020. Resumes will not be accepted in lieu of the required application. The Board of Governors will review all applications and may request telephone or personal interviews.
FLORIDA JUDICIAL QUALIFICATIONS COMMISSION VACANCY
Florida Judicial Qualifications Commission: There is a vacancy for one attorney to serve a six-year term beginning on Jan. 1, 2021, and expiring Dec. 31, 2026.
The 15-member JQC is authorized under Article V, Section 12, Florida Constitution, to investigate complaints against judges whose conduct demonstrates a present unfitness to hold office and recommends disciplinary action to the Supreme Court. No member of the commission, except a judge, shall be eligible for state judicial office while acting as a member of the commission and for a period of two years thereafter. No member of the commission shall hold office in a political party or participate in any campaign for judicial office or hold public office; provided that a judge may campaign for judicial office and hold that office.
Persons interested in applying for this vacancy may click here to download the Application for Special Appointment or should call Bar headquarters at (850) 561-5757, to obtain the application form. Completed applications must be received by the Executive Director, The Florida Bar, 651 East Jefferson St, Tallahassee, Florida, 32399-2300 or submitted via e-mail to [email protected] no later than the close of business on Friday, Oct. 9, 2020. Resumes will not be accepted in lieu of the required application. The Board of Governors will review all applications and may request telephone or personal interviews.
UPCOMING JUDICIAL ASSIGNMENT CHANGES
Effective September 8 (Monday, September 7 is a court holiday), Judge Laura Laurie will preside over Family Division FY and Probate Division IX, in South County.
Effective September 8, Judge Samantha Schosberg Feuer will assist in various Circuit divisions in the Main Courthouse, as determined by the Chief Judge. On September 21, she will begin her new assignment in Circuit Civil Division AH.
Effective September 21, Judge Lisa Small will preside in Juvenile, Division JM, currently assigned to Judge Renatha Francis.
CHIEF JUSTICE CANADY ADOPTS REVISIONS TO PANDEMIC GUIDELINES FOR PHASED RETURN TO NORMAL STATEWIDE COURT OPERATIONS
Click here to view the AO.
FLORIDA BAR – TWO (2) INVENTORY ATTORNEYS NEEDED PERTAINING TO THE TRUST ACCOUNT OF A DECEASED ATTORNEY
The Florida Bar is in need of two (2) inventory attorneys to ONLY deal with the trust account of a deceased attorney.
Case 1: Marc Gordon passed away in 2015. Prior to his passing, he was holding funds for Lynn Skawski. We have found at least some of Mr. Gordon’s ledger cards, and the amount owed to Mr. Skawski is a bit over $8,000. We are aware of a trust account that is still open. We are unaware of how much money is in that trust account or if Mr. Gordon was holding funds for clients other than Mr. Skawski. We need an inventory attorney appointed who can then determine how much is in the trust account and to whom the funds should be disbursed.
Case 2: Donald Corbin passed away in July 2020. All his files have been dealt with. There is currently approximately $4,000 in the trust account. We need an inventory attorney appointed who can then determine to whom the funds should be disbursed.
If you are interested, please contact:
Cheryl L. Soler
Paralegal – The Florida Bar
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Phone: (954) 835-0233
Fax: (954) 908-3817
[email protected]
GOVERNOR RON DESANTIS APPOINTS TWO NEW JUDGES
Governor Ron DeSantis announced the appointments of Judge Laura Laurie and Judge John Parnofiello
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.
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:
- Peter Bassaline
- Melanie Casper
- Laura Laurie
- John Parnofiello
- Michael Rachel
- 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 [email protected]
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:
- Judge August Bonavita
- Melanie Casper
- Judge Bradley Harper
- Laura Laurie
- Judith Levine
- 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 [email protected]
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 [email protected] 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 [email protected]