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A publication of the Brevard County Bar Association September 2013 the Ex Parte J. Preston Silvernail Retirement Dinner Photos courtesy of Sean Cutshall Top, center: Judge J. Preston Silvernail, Attorney Robin Petersen and County Judge Stephen R. Koons Top right: BCBA President, Jay Fowler Center right: Senior United States District Judge John Antoon Bottom right: Chief Judge John M. Harris Top left: The Honorable Kerry Evander Center left: Mayanne Downs, Past President, The Florida Bar Association Bottom left: Circuit Judge Lisa Davidson

the Ex Partefiles.ctctcdn.com/04e9015b001/33806108-5d85-4ea6-84db-0c... · 2015. 8. 18. · Jay Thakkar, President-Elect Aaron Thalwitzer, Treasurer Krystal T. Wald, Secretary the

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  • A publication of the Brevard County Bar Association September 2013

    the Ex Parte J. Preston Silvernail Retirement Dinner

    Photos courtesy of Sean Cutshall

    Top, center: Judge J. Preston Silvernail, Attorney Robin Petersen and County Judge Stephen R. Koons Top right: BCBA President, Jay Fowler Center right: Senior United States District Judge John Antoon Bottom right: Chief Judge John M. Harris Top left: The Honorable Kerry Evander Center left: Mayanne Downs, Past President, The Florida Bar Association Bottom left: Circuit Judge Lisa Davidson

  • Page 4 www.brevardbar.org the Ex Parte

    Brevard County Bar Association 2627 W. Eau Gallie Boulevard

    Melbourne, FL 32935

    Telephone: (321) 254-8801 Fax: (321) 254-8812

    Web site: www.brevardbar.org Email: [email protected]

    Board of Directors

    Jay H. Fowler, President Mark S. Peters, President-Elect

    Leslie J. Castaldi, Treasurer Bryan A. Lober, Secretary

    Geoffrey P. Golub Tino Gonzalez

    Gregory Hansen Eric Hostetler

    Michelle Naberhaus Guna Ose

    Michelle Studstill G. Philip J. Zies

    Brevard Bar Foundation Mario Musil, President

    Christina Sanchez, Treasurer Brooke Deratany Goldfarb, Secretary

    Young Lawyers Division Christina Sanchez, President Jay Thakkar, President-Elect Aaron Thalwitzer, Treasurer Krystal T. Wald, Secretary

    the Ex Parte

    September 2013

    Editorial Policy

    the Ex Parte is a monthly publication for the members of the Brevard County

    Bar Association. the Ex Parte encourages unsolicited submission of articles, comments, photographs and notes of interest to Brevard County Bar Association members, but you can send us the uninteresting articles, too! Publishing and editorial decisions are based on the editor’s judgment of the quality of the writing, timeliness of the article and potential interest to the

    readers. Occasionally, the Ex Parte may publish articles dealing with controversial issues.

    Views expressed in the Ex Parte are those of the authors and not necessarily those of the officers, directors or employees of the Brevard County Bar Association. No endorsement of those views should be inferred unless specifically identified as the official policy of the Brevard County Bar Association. Advertising copy may be submitted. All advertisements are reviewed; however, the Brevard County Bar Association does not endorse or guarantee

    any product or service advertised in the Ex Parte or express any opinion concerning said advertisers or their products or services. Nothing contained in any advertisement should be taken as the opinion or an endorsement of Brevard County Bar Association or any of its officers, directors or employees. Contact the Brevard County Bar Association office at (321) 254-8801 for information on advertising rates, specifications and deadlines.

    By Members, For Members and About Members

    Brevard Bar Foundation 6

    College Pride Game Watch 7

    Lawyers in Libraries 8

    Member Spotlight 8

    BCAWL 9

    Judge Silvernail Retirement 10

    Leadership Academy Fellow 13

    Birthdays 14

    News You can Use 14

    Classified 14

    President’s Message 5

    Legally Bald 12

  • I like this quote from Lou Holtz, because it’s not only motivational, but it’s also from college football’s “Dr. Lou.” In last month’s message, I told you about my youngest sister graduating from high school this year. As I write this month’s column, she is in her first week away at college. I’m excited for her to experience life on campus and all that college has to offer. Every year at this time, I get nostalgic for those days when I would head back up north to college with a renewed excitement. With September came new classes, cooler weather, and, of course,…college football Saturdays. This September, our BCBA event will celebrate the spirit of those college gamedays. All of our BCBA members went to college at some point in their past and I’m calling on each of you to join me in showing your school spirit on Thursday night, September 19th at the first-ever BCBA College Pride Game Watch Party at Charlie & Jake’s in Suntree. Think of it as a kickoff to your weekend with an indoor, air-conditioned, tailgate party atmosphere. There will be great food and drinks, football on the big screen, and a great atmosphere to socialize with our members. Wear your school colors and come prepared to give us one of your favorite college cheers. This event is sure to be a winner.

    In August, the BCBA sponsored the judicial

    retirement dinner for Circuit Judge J. Preston Silvernail. The event was held at the Eau Gallie Yacht Club and was attended by more than 250 people. In my view it was a stunning success made possible through the great effort of the event’s organizing committee. For me, the event exemplified what is among the most important aspects of our bar association - the relationships among our members. Throughout the evening, members socialized and shared stories of their careers and their memories of Judge Silvernail. During his time at the podium, Judge Silvernail often repeated what a privilege we have to be lawyers and the blessing he had to practice law among so many other great lawyers and judges. It was a wonderful moment to reflect on our privilege and challenge in practicing law and to renew our spirit for seeking justice.

    One of the lessons learned by the BCBA in

    President’s Message

    By Jay Fowler

    the Ex Parte www.brevardbar.org Page 5

    preparing for the dinner honoring Judge Silvernail is that we can and should streamline our process for registering for BCBA events. In the past, late registrations, unregistered “show-ups” at events and unpaid invoices have taken a great deal of attention of the bar staff and increased the expenses for hosting events. At our August Board meeting, the Board unanimously approved a policy requiring all event registrations to be made online, prior to the events with prepayment as a condition of registration. With a move to e-filing and e-service in the courts and with virtually all law offices having the capability to do business online, the BCBA hopes to utilize electronic registration for its events in an effort to provide better service and reduced costs to our members.

    One more word about our BCBA social calendar,

    we hope all of our members will come to as many events this year as possible. But, with nearly 650 members, the BCBA could not regularly plan events where all of the members showed up at once. While we strive to accommodate all of our members, each event this year will have a limited capacity based on the size and location of the event. Please take the time to register early for the events as they become available in order to avoid getting left out. We want to see you there.

    Until next time, “see you around the courthouse…”

    “Every day some ordinary person does

    something extraordinary. Today, it’s

    your turn.”

    — Lou Holtz

    Upcoming Events

    BCBA College Pride Game Watch Party

    Thursday, September 19th 6:30—8:30 p.m.

    Charlie & Jake’s Brewery Grille, Suntree Wear your team colors!

    Mix & Mingle with the Judges Thursday, October 10th

    6:00—8:00 p.m. Amici’s Italian Restaurant

    Fall CLE Friday, November 1st 10:00 a.m.—3:00 p.m.

    Holiday Inn Conference Center, Viera

  • Page 6 www.brevardbar.org the Ex Parte

    Hello all! I am honored and humbled

    to be given the opportunity to serve our community through such a wonderful organization as the Brevard Bar Foundation. I would like to thank the board for their tremendous work this past year, and especially our past President, Michael Kahn, for all of his work ensuring the growth of our foundation. I also want to thank our past Secretary, Maureen Matheson, for her remarkable service to the board and the foundation.

    I look forward to working with the new board

    that includes: Christina Sanchez, Treasurer; Ed Kinberg, past President; Brooke Deratany-Goldfarb, Secretary; Britta Hawkins, Director; and Michael Kahn, immediate past President.

    My goal for the upcoming year is to continue to

    grow our Foundation, both in membership and in our ability to help our community. I am excited about creating more opportunities for us attorneys to connect amongst each other and within our neighborhoods. Please stay tuned for announcements about upcoming events and opportunities for involvement.

    This month we also want to welcome our

    newest Annual Members: Bradley White and Mark Malek. Thank you for your support!

    September’s donation will benefit the Zonta

    Club of Melbourne, Inc. This is an organization dedicated to improving the status of women who are homeless and/or victimized.

    Finally, I wish to begin my term as President

    with a challenge for all of us. In the legal profession, we often speak about being “professional” and “ethical,” but I believe we can strive toward something a bit higher. I challenge all of us to foster and to spread kindness. Kindness means that we share our talents – through volunteering in the many community organizations available to us – including the Brevard County Legal Aid. Kindness means that we share our treasure – donating to the Brevard Bar Foundation is an excellent way of sharing our treasure as attorneys. Thus, I urge you to join if you are not a member.

    However, kindness also means that we are polite, courteous, compassionate and generally p l e a s a n t p e o p l e . I am always amused when I think of how a Wal-Mart employee can answer the phone with a pleasant attitude along the lines of: “Thank you for calling your 24 hour Wal-Mart! This is Mario! How may I help you?” Contrast this to the typical law firm that answers their phone with a bothered, “Law Office!” Or how about the attorneys who accept a flat fee in the amount of $2,500.00 and then proceed to send their client a bill of $1.50 for photocopies or a long distance phone call. Let’s take these simple observations and turn them into opportunities to improve ourselves. Next time we have an impatient client, let’s count to ten and try to view the situation from their perspective. Let’s spend an extra five minutes going over and beyond what our contract says to make sure our clients are treated fairly and make it to the finish line.

    When we see a new attorney in the area, let’s

    welcome them. When we see an attorney struggling, let’s provide them with a helping hand. When we visit our courthouse and we see a piece of trash on the ground, let’s pick it up and recycle it. Our courthouse represents us and we should be proud of it!

    I am sure we all get the picture and just about

    all of us strive to do the right thing; however, we sometimes forget amongst the dozens of phone calls, e-mails and little towers of paperwork. All it takes is a conscious effort to commit to one small act of kindness every day to make a big difference in our lives. I promise you, being kind will not only make you less stressed at work, it will help you generate more income, and it also will go a long way toward helping the legal community achieve a better reputation amongst the general public.

    So let’s go out there and BE KIND!

    Brevard Bar Foundation

    By Mario Musil

  • the Ex Parte www.brevardbar.org Page 7

    MIKE KRASNY

    FLORIDA SUPREME COURT CERTIFIED

    CIRCUIT CIVIL MEDIATOR SINCE 1996

    MEDIATOR U.S. FED. DISTRICT COURT

    FIFTH DISTRICT COURT OF APPEAL QUALIFIED ARBITRATOR SINCE 1996

    Florida Academy of Professional Mediators

    ******************************

    Forty Years Trial Practice & Litigation

    Including:

    Real Property ♦ Wills, Trusts, Probate ♦

    Construction/Construction Liens ♦ Contracts ♦

    Corporations & Partnerships ♦ Mortgage Law ♦

    Personal Injury & Wrongful Death ♦ Zoning ♦

    Governmental Law ♦ Eminent Domain

    Accounting Background ♦ Chinese Language

    Phone: 321-543-2145

    Fax: 321-777-9855

    Email: [email protected]

    Show Your School Spirit at Our September KICKOFF Event:

    The BCBA

    “College Pride Game Watch Party” Indoor Tailgate Gathering

    Thursday September 19, 2013 at Charlie & Jake’s Brewery Grille in Suntree 6:30 p.m. Social Hour/Indoor Tailgate Party Kickoff

    7:00 p.m. Barbecue and Game Food Served

    7:30 p.m. College Football Watch Party

    Wear your team colors and show which college has the most spirit!

    Register Online Now at www.brevardbar.org

  • Page 8 www.brevardbar.org the Ex Parte

    Michelle Biecker has returned home. She grew up

    in Rockledge and attended St. Mary’s and Melbourne

    Central Catholic High School, where she was a

    cheerleader. Michelle was the oldest of five, being the

    only girl among four brothers. Michelle graduated from

    Shorter College (now University) in Rome, Georgia,

    majoring in history and political science. Michelle

    wanted to be an attorney since she was in seventh

    grade, because she was very interested in her history

    and civics classes.

    Michelle attended law school at Nova

    Southeastern University and graduated in 1983. She

    practiced in the Orange County Public Defender’s

    Office for five years and then worked in the area of

    mortgage foreclosure for several years. In 1995, she

    opened her practice in Orlando, concentrating in

    family law, wills, trusts and probate, guardianship,

    bankruptcy, and real estate. Recently, Michelle moved

    back to Rockledge to take care of her parents and has

    opened an office in Cocoa.

    In addition to being admitted to the Florida Bar,

    Michelle is admitted in the United States District Court

    for the Middle District Florida and the United States

    Supreme Court. She is a Supreme Court-certified

    mediator in the areas of civil, family, and appellate law

    in the Circuit and County Courts as well as the Fifth

    District Court of Appeals. She also is a guardian ad

    litem for children.

    I recently had the pleasure of meeting Michelle

    and found her to be outgoing, professional, pragmatic,

    and intelligent. Welcome home, Michelle!

    William (Bill) F. Meyer P.A.

    DUI/CRIMINAL DEFENSE

    PARTICIPATION FEES PAID

    1250 Eau Gallie Blvd., Ste. G ♦ Melbourne, FL 32935 Phone: 321-255-2571 ♦ Fax: 321-254-9416

    Email: [email protected]

    Cross Referrals Over 200 Jury Trials to Verdict

    Florida Bar Member for 30 years

    During the week of October 20-

    26, Brevard County will be part of a

    special week honoring pro bono

    service. The National Pro Bono

    Celebration boasts thousands of

    special events nationwide. In

    cooperation with Brevard County

    Libraries, Brevard County Legal Aid,

    with your help, will be presenting a

    special event “Lawyers in Libraries.” The goal is

    twofold — to provide Brevard citizens and library staff

    with vital information about available legal resources

    and to focus attention on the increased need for pro

    bono services during difficult times.

    People facing legal problems often do not know

    where to turn. Unfortunately, 80% of the legal needs

    of low income individuals are not being met. To

    compound the problem, legal aid organizations have

    experienced an 88% reduction in funding from the

    Florida Bar Foundation over the past three years.

    Public libraries are often the first stop for those

    seeking information. The role of the pro bono

    attorneys who volunteer to participate in this program

    will be to make two presentations — one to library

    staff, and one to library patrons. We will supply you

    with the materials you need. The presentation to

    library staff will provide information about legal

    resources, access to justice, and answers to questions

    they may have about unauthorized practice of law

    issues. You will not be expected to provide legal

    advice. Total time for each presentation is

    approximately one hour.

    If you are interested in learning more about this

    opportunity please contact Brevard County Legal Aid

    at

    (321) 631-2500 (extension 11).

    Celebrate Pro Bono Week

    Volunteer for “Lawyers in Libraries”

    By Rob Johnson

    Member Spotlight

    Meet Michele Biecker

    By Leslie Castaldi

  • the Ex Parte www.brevardbar.org Page 9

    BCAWL Receives 2013 Membership Recruitment Award

    By Emily Criste, President-Elect and Kyle Lieneck, Treasurer

    The Brevard County Association for Women

    Lawyers (BCAWL) recently received the Florida

    Association for Women Lawyers’ (FAWL's) 2013

    Membership Recruitment Award! This award was

    given in recognition of BCAWL's outstanding

    recruitment and retention efforts as evidenced by its

    impressive growth in membership due to excellent

    leadership, programming, and member retention/

    recruitment efforts.

    BCAWL is one of 30 chapters of FAWL, which is a

    voluntary bar association that actively promotes

    gender equality and the leadership roles of its

    members in the legal profession, judiciary, and

    community at large. Membership in BCAWL is open to

    every attorney and law student who supports its

    mission.

    The momentum behind BCAWL's growth

    continued on August 8th at its Membership Drive and

    Happy Hour at Rum Island Grill in Indian Harbour

    Beach. Other recent events include BCAWL's 13th

    Annual Judicial Reception, its Zumba Fundraiser

    benefiting the Women’s Center, and its Yappy Hour

    for the Brevard County Humane Society.

    Mark your calendar for BCAWL’s Beachside Family

    Picnic on September 21st and the Annual Judicial

    Assistants’ Luncheon on October 18th! Monthly

    Member Meetings are on the last Friday of each

    month at Pizza Gallery in Viera at 11:45am. During the

    September 27th meeting, Judge Reinman will be

    speaking about her Road to the Bench.

    Right: Dan Faherty and Judge Lisa Davidson .

    Above: Judge John Harris and Steve Charpentier

    Above: Bryan and Rebecca Lober

    BCAWL Membership Drive August 8, 2013 Rum Island Grill, Indian Harbour Beach

    Photos courtesy Craig Rubadoux, Florida Today

    Above: Melissa Peat, Kim Torres, and Beth Cutshall

    Left: BCAWL Treasurer, Kyle Lieneck and Emily Criste, BCAWL President-Elect

  • Page 10 www.brevardbar.org the Ex Parte

    Retiring judge’s legacy celebrated at August 15th dinner

    The Eau Gallie Yacht Club was filled to capacity on

    August 15, when more than 250 attorneys, judges, family members and friends gathered to honor retiring Circuit Judge J. Preston Silvernail. The Brevard County Bar Association sponsored the gala to celebrate the distinguished career of a man who many called mentor, role model, and friend.

    Trying to sum up Judge Silvernail’s 21 years on the

    bench was a list of speakers ranging from Master of Ceremonies and Fifth District Court of Appeal Judge Kerry Evander, attorney and past president of the Florida Bar, Mayanne Downs, Senior United States District Judge John Antoon II, Circuit Judge Lisa Davidson, and current Chief Judge John Harris.

    The speakers took to the podium, drawing laughter and

    tears from the crowd, as they painted a picture of Judge Silvernail’s professional accomplishments and many contributions to the legal community, his humor, his humanity, and his rabid devotion to the Florida Gators. “It says everything about Judge Silvernail and how loved he is in the community and throughout Florida that the Brevard Bar had to stop accepting reservations for his retirement dinner 15 days before the deadline,” said Circuit Judge Lisa Davidson during her remarks.

    Judge Silvernail twice served as Chief Judge of the 18th

    Circuit. His first two-year term began in July of 1999 – the second, from 2009 to 2011. As chief judge, he was known for his steady calm and thoughtful leadership, traits he is said to have learned as an Army “buck” Sergeant and from the examples set by previous Chief Judges John Antoon and Dean Moxley.

    BCBA Honors Circuit Judge J. Preston Silvernail Upon His Retirement

    He was a founding member of the Vassar B. Carlton American Inn of Court. Under his guidance as president and as executive committee member for many years, he helped establish the foundation which makes Brevard County’s Inn of Court one of the most recognized and outstanding Inns in the United States. Judge Silvernail served as an official (and in some cases unofficial) judicial mentor to many of the judges in both Brevard and Seminole who came on the bench during his tenure.

    His contributions and dedication to the

    legal community twice earned him the Outstanding Jurist Award from the Brevard Bar Association.

    In 2010, the Chief Justice of the Florida

    Supreme Court Charles Canady appointed Judge Silvernail to serve on the Innocence Commission. Its mission was to consider statutory changes related to the wrongful conviction of innocent persons in Florida’s criminal justice system. Judge Silvernail, prior to the implementation of the Innocence Commission, had been the presiding judge who ordered DNA testing in the Wilton Dedge case. Mr. Dedge had been sentenced to two life terms in prison for sexual battery and burglary. The DNA testing exonerated Mr. Dedge who had already served 22 years in prison.

    Judge J. Preston Silvernail

  • TheTheTheThe Ex ParteEx ParteEx ParteEx Parte www.brevardbar.org Page

    the Ex Parte www.brevardbar.org Page 11

    Photos courtesy of Sean Cutshall

    Judge Silvernail was elected by Florida’s Circuit Judges to serve on the Judicial Qualifications Commission for two consecutive six-year terms. He was one of two circuit judges represented on this body, and had the further distinction of being elected chairman in 2013. Judge Antoon (who sat as a substitute JQC member when he was on the state court bench) and Mayanne Downs (who presently serves on the JQC as a lawyer member) both mentioned how difficult and time-consuming the work is on the JQC and lauded Judge Silvernail for his contributions to this disciplinary body. Speaking on behalf of both the JQC and The Florida Bar, Downs said, “…we express our gratitude to and respect for Judge Silvernail, a gentleman’s gentleman, a lawyer’s lawyer, and a judge’s judge, a man of impeccable integrity and competence.”

    The speakers’ comments ranged from the

    hilarious to the poignant, but the common denominator of all their observations might be summed up best by Judge Antoon, when he borrowed from Shakespeare, “A good leg will fall; a straight back will stoop; a black beard will turn white; a curled pate will grow bald; a fair face will wither; a full eye will wax hollow; but a good heart… is the sun and the moon; or, rather the sun and not the moon; for it shines bright and never changes, but keeps his course truly.”

    The highlight of the dinner came when it

    was time for Judge Silvernail to make his remarks. He reflected on his years as a lawyer and as a jurist. He thanked his wife Betts for their 42 years together and spoke with pride about the outstanding young men sons Cole and Lee have become and how blessed he is to have his family. He also acknowledged Mary White, his long-serving “some would say suffering” judicial assistant for her invaluable and steadfast support over the years.

    The Bar designated a special committee of

    volunteers to organize the dinner. Only a few know the time consuming work behind the scenes that went into making this a memorable evening for Judge Silvernail, his family, colleagues, and friends. Numerous obstacles (e.g., limited parking at the Eau Gallie Yacht Club) that could have been overlooked and that would have detracted from the evening were considered and addressed by the

    Committee prior to the evening. Due to their planning, the evening appeared seamless to those in attendance. Thanks goes to Mark Peters, Chair of the Judicial Retirement Committee, and committee members Alan Diamond, E. Ashley Hardee, Gretchen Klayman, Bryan Lober, Michelle Studstill, and Timi Tucker for their outstanding work. As always, Terrie Callahan, Executive Director of BCBA, contributed much to the success of the evening.

    Judge Silvernail will be missed as a fulltime sitting

    circuit court judge in Brevard County, but he promises to return to work as a senior judge. After all, says Judge Davidson, “How much ESPN can he watch and how much golf can he play before he gets bored and wants to come back to the courthouse?”

    Top , left to right: Fifth District Court of Appeal, Judge Kerry Evander; County Judge Michelle Baker; General Magistrate Jennifer O. Taylor; County Judge John Murphy and his wife, Virginia. Bottom, left to right: Robert Hoag; Gerry Matheson; Maureen Monaghan Matheson and, Andrew Pickett.

  • Page 12 www.brevardbar.org the Ex Parte

    For uncensored material, please go to www.legallybalduncensored.com.

    Please remember , the views of Legally Bald and ESPECIALLY www.legallybalduncensored.com are in no way whatsoever (not even remotely) the views of the BCBA or any of its members, employees, advertisers, and affiliates.

    (All complaints and comments please send to: [email protected]) © 2012

    Legally Bald — And other strange law-related thoughts

    By Geoffrey Golub

    JUDGMENT-PROOF DAY

    If you are going to stop paying on your credit

    cards and other debts, then make sure you are always

    considered, "The Head of Household," so these

    predator creditors cannot garnish your wages. Head of

    household basically means that you are making 50%

    or more of the income being brought into the house

    and you are responsible for bringing up a minor child.

    But, once the last child turns 18, the creditors can

    start to garnish. So, always have another kid on the

    way before the last kid turns 18. "Kids vs. Creditors," a

    new action packed video game where the goal is to

    accumulate as much debt as possible without ever

    having to pay it back by continuing to have kids who

    will kill the creditors.

    THE YELLOW LIGHT CAMERA

    As if the Red Light Cameras weren't bad enough,

    now Cities are putting up Yellow Light Cameras

    alongside the Red Light Cameras to ticket people who

    do not noticeably slow down when the light is yellow.

    The defenses are the same as those for a Red Light

    Camera. How do they authenticate the video? How do

    they identify the owner of the vehicle without using

    inadmissible hearsay evidence? Thus far,no Green

    light cameras have been put up to ticket people who

    stand too long at the Green light before going through

    it.

    PARKING TEASE

    A parking tease is someone who makes like they

    are leaving their parking spot, but has no intention of

    doing so, and doesn't even have the decency to let

    you know as you wait like an idiot with your blinker on

    for them to pull out. They approach their vehicle.

    They open the back door. They take off a piece of

    clothing. They sit in the driver's seat, check their make

    -up in the rearview mirror, and then get out of their

    car, and walk to wherever they have to go.

    THE PROMISCUOUS PARKER

    A person who cuts you off to take the spot you

    were waiting with your blinker on to pull into.

    FOILED AGAIN!!!

    In an actual case in Florida, a woman was found

    guilty of using an anti-shoplifting device

    countermeasure device ( punishable by law as a third

    degree felony, FL. Stat. 812.015) by lining her

    shopping bag with layers of aluminum foil that

    enabled her to leave the store with stolen

    merchandise undetected by the sensors at the exit

    door. A bag lined with aluminum foil is called a

    "Booster Bag." If all you need is aluminum foil to fool

    the sensors, then there needs to better sensors. Of

    course, these people were caught anyway. Foiled

    again!! (SEE Cenatis v. State, 38 FLW D1580 (Fla.

    4th DCA 2013)

    THE 9 AND A HALF WEEKERS

    I just found out about the 9 1/2 Project. And it

    gave me an idea to start a new group called the 9

    AND A HALF WEEKERS. Members model their lives

    after the characters in the movie 9 and a Half Weeks

    starring Mickey Rourke (when he was normal looking)

    and Kim Basinger. The group meets once a month to

    watch the movie and read the book the movie was

    based upon. We never watch the sequel or prequel,

    which is considered sacrilege.

    NO INDEPENDENCE DAY FOR THE BALD

    EAGLE

    The only way a private individual can purchase

    fireworks in Florida is to claim they are buying them

    for the purpose of frightening birds from agricultural

    works and fish hatcheries. Strangely, it always seems

    that the birds from Alfred Hitchcock's famous movie,

    only attack on the 4th of July, January 1st, and during

    Memorial Day Weekend. Even more strange is that so

    many people have agricultural works and fish

    hatcheries to protect. And then, after buying the

    fireworks to scare away Bald Eagles, we then go down

    to a retail store to buy a pipe to smoke "tobacco."

    YOU CAN NO LONGER GET SMILES, BATH

    SALTS, N-BOMBS OR SPICE FROM YOUR

    OPTOMETRIST

    Florida Statute, 893.05(1), has been amended to

    specify that Certified Optometrists cannot prescribe

    Schedule 1 controlled substances. They can still

    prescribe drugs of the schedule III, IV and V variety.

    I didn't even know they had the power of the script.

  • Congratulations to Kelly Swartz

    — the only Brevard County attorney

    selected to join the inaugural class of

    the Flor ida Bar ’s Leadership

    Academy. This program was the

    brainchild of Florida Bar President

    Eugene Pettis to develop future

    leaders of the Florida Bar, and to help

    fellows grow as professionals and leaders within their

    local, state, and national communities.

    Fifty-nine attorneys were selected throughout

    Florida to attend an intensive, year-long program that

    seeks to help participants hone essential leadership

    skills, learn to run effective meetings, deal with

    conflict, and find a work-life balance within their

    profession. Ms. Swartz has served on the Board of the

    Brevard County Association for Women Lawyers, is a

    project Chairperson for the Junior League of South

    Brevard, and also participates on the Board of the PTO

    of her children’s school. The selection committee was

    seeking local attorneys with leadership skills, who also

    come from a diverse background.

    In her private law practice, Ingenuity Law, Ms.

    Swartz is a member of the U.S. Patent Bar. Using her

    BS degree in Computer Engineering from UF, she

    enjoys a specialized practice in the area of intellectual

    property. She hopes to advance

    her leadership training and states

    that she is “looking forward to

    putting the skills she will learn

    into action in our community.”

    What she has found most

    rewarding about the program is

    the networking with the high

    caliber of other lawyers she has

    met from around the State.

    According to Ms. Swartz, she is

    “so inspired to be part of this innovative program with

    exceptional lawyers who display such a passion for

    their communities and service to the Bar.” We are

    proud to have Ms. Swartz as a member of the Brevard

    County Bar Association.

    the Ex Parte www.brevardbar.org Page 13

    But good to know more people are getting the power

    of the script. Maybe even lawyers one day, after all ,

    we are doctors. (Juris Doctorate)

    EAU DE TOILETTE FRESH BAKED BREAD

    Yesterday, I bought some bread that came right

    out of the oven. The smell was intoxicating. If a

    woman wore the scent of fresh baked bread, she'd be

    irresistible. Especially with butter.

    POLO COUNTY JAIL SHIRTS BY RALPH

    LAUREN

    In the recent case of Johnson v. State, 38 FLW

    D1632(Fla. 4th DCA 2013), a Judge refused to allow

    the Defendant to change out of his jail clothes during

    a jury trial. He was found guilty. The Appellate Court

    set aside the verdict and ordered a new trial where

    the Defendant could dress in something other than his

    Jail Jump Suit. Because of this case, jails are now

    offering special more comfortable and more attractive

    Jail Garb by Ralph Lauren, Armani, Calvin Klein,

    Tommy Hilfiger, Brooks Brothers, and more. These

    special jail jumpsuits can be rented at the Commissary

    and are always available for free during a jury trial.

    Kelly G. Swartz — Florida Bar Leadership Academy Fellow

    By Kim W. Torres

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    Page 146 www.brevardbar.org the Ex Parte

    September Birthdays

    September 1st Kurt Erlenbach September 2nd Kimberly Rezanka Scott Turner September 4th Michael Hayworth Fernando Palacios September 5th Karl Bohne, Jr. Bob Moletteire George Ollinger September 6th Gray Camfield Brian Hurd September 11th Alan Landman Melissa Peat September 12th J. Patrick Anderson Michelle Perlman Patricia Smith September 14th John Galluzzo Robyn Hattaway James Nicholas September 16th Joan Lamb September 17th Patricia Olney

    September 18th James Dressler September 21st Phyllis Riewe September 22nd G. Mitch Evander Vicky Treadwell Adrienne Trent Scott Wright September 23rd Chad Leeper John Alpizar Benjamin Saxon, II Charles Schillinger Carl Wasileski September 24th Ashley Severance September 25th Amy Jackson September 27th Laura Anderson September 28th James Wilson September 29th Jacob Speicher , IV September 30th Paul Dieguez

    News You Can Use

    Administrative Order:

    13-36-B: In Re: Adoptions—Reassignment of Contested Termination of Parental Rights.

    www.flcourts18.org

    Classified

    Legal Assistant/Paralegal: Alan H. Landman, P.A. is seeking a legal assistant/paralegal to join our staff. Must have family law experience, knowledge of Word Perfect, and a "minimum" typing speed of 60+wpm. Salary is negotiable depending upon experience. Office hours are Monday through Friday (8-5). Job responsibilities include, but are not limited to answering phones, client communication, ordering office supplies, taking dictation, processing and responding to emails, typing Financial Affidavits, Certificates of Compliance with Mandatory Disclosure, and related family law pleadings. Interested parties may e i t he r e -ma i l t he i r r e sume to [email protected] or fax it to 321-242-9955.

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