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Procedural History: Trial court dismissed P's claim, said she failed to state a proper cause of action. FL Supreme Court affirmed, dismissed P's claim. Issues: Can an independent action be brought against a D for conduct that causes mere emotional distress? Both the Professionalism Committee and faculties at Barry and FAMU recognize that law students should not only appreciate what it means to be an attorney, but how we work, interact with our colleagues and clients, and strive to uphold the rule of law. They should also understand that in order to preserve the honor and integrity in our profession, it is imperative that we treat other participants in the Third Branch of our government with respect, courtesy, and fairness.

Representing various practice areas, panelists have included OCBA Professionalism Committee members as well as members of our local, state, and federal judiciary. As to professionalism in the day-to-day practice of law, panelists have discussed various aspects of professional behavior toward opposing counsel, including the importance of courtesy, respect, and fairness in communications; cooperation, reasonableness, and deference when scheduling hearings, depositions, and other pre-trial matters; avoiding abusive, vexatious, or dilatory discovery practices; and stipulating to matters, legal and factual, not reasonably in dispute that may waste judicial resources and increase the cost of litigation.

Panel discussions have also emphasized professionalism towards the judiciary, including interacting with the court, opposing counsel, parties, witnesses, courtroom deputies, clerks, court reporters, judicial assistants, and other court personnel in a courteous and respectful manner, recognizing that they are an integral part of the judicial system. These discussions have included the relationships of The Rules Regulating the Florida Bar,3 section Would you rather run the risk of assuming that a law cited in your document is good or know for certain?

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Robert W. Bauer, The Florida Bar File No. 2013-00,540 (8B)

Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. Ansbro began her judicial career as an Orange County judge in She has served on the county criminal and county civil divisions. The Honorable C. Jeffery Arnold began his judicial career in as an Orange County judge.

He has served on Orange County criminal, traffic, and civil divisions as well as circuit divisions in juvenile, criminal, and unified family court. The Honorable Donald E. Grincewicz took the bench as an Orange County judge in He was appointed to the circuit bench the following year. He has served on the domestic, juvenile, criminal, and civil divisions. Judge Grincewicz earned a political science degree from Wayne State University and received his juris doctor from Detroit College of Law.

The Honorable Roger J. McDonald was elected to the circuit bench in September of The Honorable Robert M. Evans was elected to the Orange County bench in September of He has served as a circuit judge since in the criminal, civil, domestic, and juvenile divisions.

He has also served as an administrative judge for more than 7 years. The Honorable A. Thomas Mihok was appointed to the circuit bench in September of He has served on every division of circuit court, including probate, guardianship, and mental health. He has also served as an associate administrative judge for several divisions. Judge Mihok received a bachelor of science degree from the U. During the meeting, the administrative judge for each division of the court gave a division report. Chief Judge Frederick Lauten provided a lengthy report on the status of the court.

At the time of publication of this issue of The Briefs, many judicial moves that were undertaken in December have been implemented. At that time, four judges were to be moved from Osceola County to Orange County. The scheduled judicial assignments are as follows:. By administrative order, Chief Judge Lauten authorized and established a court-run special process server program.

The new procedure adopted by the court allows for private process servers to be appointed without orders being entered in every case. For that reason, Judge Lauten asks that attorneys pay special attention to their process servers.

What are “Yes/No” questions?

Chief Judge Lauten signed an administrative order allowing for therapy dogs to be part of court proceedings. The dogs are used for therapy for witnesses, mostly for children who are victims. The chief judge congratulated Judge Alicia Latimore and Judge Thomas Turner, who are responsible for establishing the therapy dog program. Judge Robert Evans announced his retirement, effective January 11, Judge Heather Higbee will be handling the violation of probation division until Judge Evans is replaced.

He has met with the Central Florida Association of Criminal Defense Lawyers and other attorney groups to discuss how to improve the integrity of judicial polls so that the feedback and the polling instrument cannot easily be called into questioned. The concern with the current system is that campaign opponents may provide anonymous comments in order to better their position in the election.

This could lead some individuals to question the methodology of the judicial polls and the motives of those who provided anonymous comments. Chief Judge Lauten will be working on this area over the next year. He noted that he was proud of the mature exchange that had been provided to date. Chief Judge Lauten concluded by mentioning that he is impressed by the work of the Orange County Bar Professionalism Panel to date and hopes that this can help to resolve. Finally, Judge Lauten mentioned that a water break had flooded four courtrooms and two judicial chambers.

As a result, the court had to temporarily move some courtrooms. Courtroom 14A has been put into use, and although it is not an ideal setting to hold court, it does contain the bare essentials. The Judicial Relations Committee provides a valuable place for members of the bench and bar to interact and share information that is mutually important. Schwam-Wilcox, Esq.

Schwam-Wilcox, P. Hallgren, Esq. If you have not submitted your Legal Aid Society preference form, please download the form from the LAS website at www. Maria E. Espinosa, Esq. Any of these can serve as a trademark. If your client expects its customers to associate these distinctive features with the quality of its product, service, or business, it is important to file for a trademark registration. Registrations also increase the value of an intellectual property portfolio for a merger or acquisition. Here are some tips a client may want to know when considering a trademark.

Be unique. Choose something not connected with the product or service. Stay at or near the top of this list and avoid geographic terms and surnames, because they are generally free for the world to use as well. Marketing professionals often like to use terms that describe or suggest favorable attributes because they might create a positive association with the products or services.

However, as a general rule, the more you describe the goods, the less distinctive the mark becomes, and the level of distinctiveness is important not only regarding the ability to obtain a registration, but also in trademark infringement claims. Whether your client claims another party is infringing its mark or vice versa, having a more distinctive mark will give the client more confidence in sending, or responding to, a cease and desist letter.

Search thoroughly. It is not enough to surf the internet and check the availability of the domain name. Trademark infringe-. Researchers are adept at searching for variations of a mark that might never occur to the average person, and they may look at top-level domains that your client did not search e. Just checking a database of corporate names or trademarks on sunbiz.

Trademark rights develop through use of a term in association with a particular product or service, even if the mark is not registered. Therefore, if you register a trademark without knowledge that a potential competitor has been using a similar term elsewhere, your client could receive a cease and desist letter the same day as a registration issues, thereby wasting the money spent on obtaining the registration and also possibly requiring the client to re-brand the business.

With that said, if the goods and services are totally different, two businesses can have the same name, like Delta Airlines and Delta faucets. A proper search is critical to the trademark process. Consider alternatives. After the search, if a trademark lawyer feels the mark can likely be protected, the client should apply for registration.

However, if there is a lot of uncertainty and the client insists on using some variation of the mark, the client is going to have to make changes to try and create a distinctly different commercial impression, which might include a significant graphic element. Some clients like to simply rearrange the wording, change the spelling, or add a prefix or suffix. Changes like that might not avoid a refusal to register the mark or overcome a likeliness of confusion determination by a court.

The Trademark. Manual of Examining Procedure even states that transposing terms while keeping the same connotation will not overcome a refusal by the government to register a mark because of a likelihood of confusion with another registration. Obviously your client should try to avoid litigation, yet it is amazing how many people are stuck on a single descriptive or flattering term or phrase when the possibilities are endless. Apply immediately. Provided your client legitimately intends to use the new mark and the mark will affect interstate commerce, the client should file now.

Even if a business is located only within the state, if it sells or markets to people from other states and countries, it can apply for a federal registration. Of course, in the U. Therefore, if a client applies for a registration but was not the first to use the mark in connection with certain goods and services, the prior user has the superior right.

However, there is one exception to this rule. If the applicant later provides proof of actual use, the government will treat the filing date as the date of first use. The applicant would be required to demonstrate use within six months after the application is filed, but he or she can pay a small fee for extension periods up to a total of three years. The ability to use a filing date as a date of first use is a huge benefit, because if anyone starts using a similar mark for similar goods and services between your date of filing and the date of registration, which may be a couple of years, your client will have superior rights even though he or she began using the mark later.

There are horror stories about marks that cannot be registered because another recently-opened business hundreds of miles away applied first. The cancellation procedure is essentially inter partes litigation before the Patent and Trademark Office, complete with discovery and motion practice, which could have been avoided had the client filed first. The sooner you can apply, the better. There can be hurdles to getting a trademark registration, but many can be overcome. If the government feels the mark is weak or sees a potential conflict, the client can argue to the contrary. If the government allows the mark but a competitor sends a cease and desist letter, the client can respond by explaining why the mark does not infringe.

The client will have a rebuttable presumption of ownership in the mark and exclusive right to use the mark nationwide in connection with the goods and services listed in the registration. The client will be able to bring an action in federal court under the Lanham Act and use the U. If your client fails to police the mark, and protect it, however, all those rights can be lost. For example, if a trademark starts to become the common term for the goods or services in the English language, it would no longer denote the source of the product or service, and ultimately become generic.

Of course, even if your clients are small businesses that may not expand to these levels, every business has a brand, and it is entirely possible that your clients may well send or receive a cease and desist letter during the course of transacting business. If your clients have properly protected their trademark rights, they should be in a solid position whether sending or receiving the letter. He represents corporations and business people to resolve difficult disputes of almost any kind in both state and federal courts.


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  • He has been a member of the OCBA since Popovich Law Firm, P. Nikie Popovich, Attorney at Law Call: The partnership is more important than ever as we continue expanding electronic access to court records. We anticipate that in a short while, we can grant you electronic access to documents not only in cases to which you are a party, but in other cases, as well. As you know, currently you can only electronically access those cases that have your Florida Bar number attached. We have heard many of you express how much more efficiently you will be able to serve your clients once this access is opened up.

    We expect our application for expanded access to be approved in time to begin the pilot in the second quarter of this year, after the appropriate testing. We will again turn to members of the OCBA to help us in this process, as you did when we rolled out electronic filing in civil, criminal, and other divisions over the past few years. During the pilot, select user groups, including attorneys, will have access. The public will likely have expanded electronic access in the third quarter of the year. We submitted our application to the Access Governance Board, a subcommittee of the Florida Courts Technology Commission, several months ago and are confident of approval once they review it.

    My office will be sending out many electronic access updates as the application and approval process progresses. Thank you in advance for helping make this important transition a successful one. Tiffany Moore Russell, Esq. The major actions of the board and reports received included: Guidelines on using past results in indoor and outdoor display, radio, and television advertising were repealed.

    Search results | Arca: Discover BC's Digital Treasures.

    The action came after a federal judge issued an injunction against enforcing the guidelines, saying they violate the First Amendment Case No. Those ads, however, must still be objectively verifiable and make no material omissions. These actions do not change the latest version of the advertising rules that were adopted by the Supreme Court in January In addition, president Greg Coleman, Esq.

    Legislative positions to support keeping the Supreme Court in charge of regulating the legal profession and advocating for adequate funding for the court system were reauthorized. The PRI will provide assistance in practice management, marketing, firm management and technology, and resources for setting up new practices. Another feature will be a live chat with an advisor, and there will be a directory of discounted member benefits for technology, practice management, and financial assistance.

    An amendment to the comment to Rule The rule governs the duties of lawyer and law firms to contact clients when a lawyer leaves a law firm or a law firm breaks up. The amendment addresses how and which clients must be informed of changes in a firm and provides that such communications must be reasonable in timeliness and nature. The amendment will be submitted to the Florida Supreme Court for its approval. A Florida Bar News article contains additional information. A report by John M. Stewart, Esq. Recommendations from the committee was scheduled for presentation to the board in January to address these issues.

    The Vision Commission continues to complete its work in legal education, bar admissions, technology, and access to legal services. The following appointments were made: Eugene Pettis, Esq. Perry, Esq. Hale, Esq. Wright, Esq. Bull, Esq. Thomas Ball, Esq. Submitted by Mary Ann Morgan, Esq.

    They have been members of the OCBA since , , and , respectively. Brant S. He was highly regarded among bar leaders, both on the statewide and national level, having served on various National Association of Bar Executives and Florida Voluntary Bar committees. Brant, you are missed! Thank you for 11 great years! Go Gators! I interviewed with Brant, Woody Rodriguez, Esq. I must confess that I had no idea what exactly that program would entail and how we could set it up under the specified time frame, but when I was called and offered the job, I accepted it on the spot. Why did I immediately say yes?

    For anyone who does not know, Florida is the fourth state in which I have practiced law, so I have been a member of numerous state and voluntary bar organizations. Having this perspective, I knew right away that the OCBA was different from anything I had seen in my many years of practice. I had never seen a voluntary bar organization with such an uncompromising commitment to providing pro bono service. I had never seen a bar organization that was so vibrant, active, and engaged with providing programs and services for its members and to the community.

    I recognized that this organization was something special and I wanted to be a part of it. The Foreclosure Mediation Program did launch successfully in July of , and it continues to serve the community, the courts, and the parties to mediation today. In October , the OCBA staff and Executive Council bid a sad farewell to Brant, our hardworking and inspiring leader of 11 years upon his retirement.

    I had the wonderful experience of learning from Brant during my years at the OCBA, and now I am charged with the enormous responsibility of carrying his dream forward. But wait, there is a message of good news here! There will always be a place for those who are the best — they do rise to the top.

    Only those lawyers who can adapt to the changing legal environment will survive and thrive. Our members need us now more than ever to help them traverse the ever-changing and challenging terrain of the legal world. They need us to help them navigate their way to the top of the heap and to stay at the top. Helping our members connect to each other and making those connections meaningful is what we do and what we do best.

    The OCBA helps our members connect to the judiciary. We help our members connect with the community. It is what we offer that no one else can match or duplicate. It is absolutely imperative that we keep our focus on our Young Lawyers Section and the law schools. Getting young lawyers hooked on the benefits of bar membership and involvement early in their careers is crucial. On a similar note, the partnerships and bridges we build with the other local voluntary bars is incredibly important.

    Among the most beneficial services for our DD children are developmental therapies: speech, occupational, and physical therapies designed to help DD youth catch up with their peers. These therapies are crucial, especially when one considers that children with developmental delays are three times more likely to be abandoned, abused, or neglected than children without developmental disabilities.

    Unfortunately, it is not uncommon for our DD children to lack developmental services upon entering the dependency system, but as Guardians ad Litem we are in a great position to secure the therapies that will help our kids thrive. What exactly are these therapies and how do they help? For children who struggle with the sounds used to form words or have trouble expressing themselves clearly, speech and language therapy can help strengthen both verbal and nonverbal communication skills. Not only does gaining the ability to communicate in a meaningful way allow dependent youth to report possible maltreatment, but it also leads to a more fulfilling life.

    Physical therapy treats movement impairments caused by injury, illness, or disability. For children with developmental delays, therapy can improve their ability to crawl, walk, climb, or jump. Occupational therapy, although similar to physical therapy, is different because it teaches specific skills that help children live as independently as possible. Skills such as dressing, eating, bathing, and relating to people make all the difference for dependent youth. They help children gain a sense of independence and better relate to their peers. If you are a GAL for a child you believe will benefit from a developmental therapy, there are specific steps you can take to secure these services for your child.

    With this pending, verify that the dependency case manager submits a referral to a therapy provider that also accepts Medicaid. With the therapy referral and prescription in hand, the evaluator will. What should you look for once the evaluation is completed? Once completed, a medical report is generated and if the child is eligible for the therapy, a treatment plan is completed.

    The treatment plan, which must be signed by a doctor and approved by Medicaid, details not only how often the child will receive the therapy, but also what the child is expected to learn in the next six months. What if the child is denied therapies? Legal Aid can assist you with filing an appeal with Medicaid or we will file on your behalf, if you choose. Once the therapy is approved, a treatment schedule should be set as soon as possible. Caregivers may need to be reminded that these therapies should take place regularly to maximize effectiveness.

    In the event of an emergency, some sessions can be made up, but this is not advisable. How long will the child receive therapies? Treatment plans are approved for six months at a time. After that, the provider must re-evaluate the child and submit another treatment plan if the child will continue to receive therapy. As long as the child is making progress, therapy can continue. What if the child no longer needs therapies?

    This means the child has met his or her therapy goals and is on track with other children the same age. That is the best news of all! The sooner therapies begin, the sooner children may grow closer to being developmentally on track with their age group. Even if they are unable to catch up to their peers, any progress they make means greater independence in the future. Does therapy really work? As the GAL, you can provide your extra-special child with the gift of a fulfilling life… one step, one word, one movement at a time.

    For more information, please contact Ericka Garcia, Esq. For more information about how to become a financial donor, contact Donna Haynes, Manager of Development, at dhaynes legalaidocba. Ericka S. She has been a member of the OCBA since Legal Aid president William A. Davis, Jr. Thompson, Jr. A short video that explained the work of Legal Aid was shown. Client testimonials brought silence as each individual eloquently and passionately spoke about how his or her life was saved and changed.

    The Legal Aid Society benefited from their honest and brilliant speeches. Legal Aid client, Carla Baker, spoke through her tears about being beaten to the point that she became blind. Camila Pachon Silva, Esq. Tina Barnes, another client, explained to our guests that her bank account had been frozen for a debt incurred 14 years earlier by her now-deceased husband. Tina was not looking to dodge the debt, but simply wanted to know why her account was inaccessible.

    Jamos Mobley, Esq. Tina paid the debt in full, while still being able to feed her family. Terri Ulrich, a Disney employee, shared her legal journey through the pro se system with help from Angel M. Bello-Billini, Esq. Terri noted humorously that she would buy a used car from Angel now. She declared that with-. I have become stronger. They gave me a voice. She came to the stage and spoke about foster care, an incarcerated parent, parental abandonment, and abuse and neglect in and out of the foster care system. Her story will be showcased in a future issue of The Briefs.

    Spending a few hours together on a Thursday morning in November is a tangible example of taking a leadership role in ensuring justice for all. The Breakfast of Champions will be held on Thursday, November 5, Please contact Donna Haynes for information on sponsorships and table captain positions. Imagine how it would feel if your bank account was frozen when you needed to pay for groceries to feed your family or pay your rent or mortgage. Just as frightening would be a notice from your employer or the courts that a portion of your paycheck was going to be withheld in order to pay a debt that you cannot afford to pay because your income is severely limited.

    Often times the loss of money means that the family will have to live without lights, water, and basic necessities, such as food. Sadly, this is what an exceptionally high percentage of people who live in Orange County are faced with every day because they live paycheck to paycheck. It is important when completing a Claim of Exemption and Request for Hearing to select any and all exemptions that may apply to your client. Exemptions are not automatic and are considered waived if a claim is not filed within twenty days of notice of a garnishment action.

    Most federal benefits such as Social Security and Veterans benefits are automatically protected, to some degree, by federal and state law. A bank must protect, or not freeze, an amount equal to the last two 2 monthly benefit deposits if the funds were direct deposited into the account being garnished.

    If the benefits are deposited by check, moved to another account after direct deposit, or if there are funds in excess of the last two months benefits, the judgment debtor may be able to protect the funds from garnishment by filing a claim of exemption and proving the source of the funds at a hearing. Judgment creditors can also have the sheriff seize personal property to be sold at auction to satisfy a judgment. For more information, please contact Jay Mobley, Esq.

    For more information about how to become a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes legalaidocba. Houser, So. Central Blvd. Built in , renovated in Minutes from the Federal and County Courthouses. Easy access to I-4, the , and parking. Flexible lease terms and full service rates available.

    Furnished or unfurnished. Call for more information:. Members eligible to vote will receive, via email, a secure, non-identifying link to the electronic ballot.