June 05, 2023

1. The Florida Bar

   FORMER CABA PRESIDENT APPOINTED A U.S. BANKRUPTCY JUDGE

   The Florida Bar | Article | June 05, 2023

   Corali Lopez-Castro was recently sworn in as a bankruptcy judge for the Southern District of Florida’s Miami Division. She fills the seat vacated by Judge Jay Cristol following his retirement earlier this year. Judge Lopez-Castro was appointed by the United States Court of Appeals of the 11th Circuit which appoints all bankruptcy judges in Florida. Judge Lopez-Castro, who practiced with Kozyak Tropin & Throckmorton, is no stranger to the interworking of the court, serving on the panel of trustees for the Southern District. She’s taken on commercial Chapter 11 cases, bankruptcy-related litigation, and commercial litigation in state and federal court.

   Also in The Florida Bar News:

   • JOHNSON JACKSON LAUNCHES ‘COURAGE TO GROW’ SCHOLARSHIP

2. Legal Discipline

   ONE PALM BEACH COUNTY ATTORNEY AMONG EIGHT DISCIPLINED BY FLORIDA SUPREME COURT

   Palm Beach Post | Article | June 02, 2023

   The Florida Supreme Court recently issued orders disciplining eight attorneys; disbarring three, suspending two, revoking the licenses of two and reprimanding one. The attorneys represent law practices from Tarpon Springs to Miami. Disciplined attorneys include Derek James Acree of Palm Beach Gardens and Dick Rongtzuu Lee of Hollywood, who received disciplinary revocation with leave to apply for readmission, Brian P. Rush of Tampa and Kathleen Lynn Smades of Tarpon Springs, both suspended for three years, and three disbarred attorneys– Stephen Matthew Bander of Miami, Meredith Diane Jones of Fort Pierce and Mark Robert Moon of Seminole.

3. Civil Justice

   JUSTICES ALLOW LAWSUIT OVER STETSON FOOTBALL PLAYER’S DEATH

   News Service of Florida | Article | June 02, 2023

   The Florida Supreme Court, on Thursday [June 1], declined to take up an appeal by Stetson University in a case stemming from the death of a 19-year-old football player who collapsed on the sideline during a 2017 practice. The decision effectively let stand a ruling by the 5th District Court of Appeal that cleared the way for the family of Nick Blakely to pursue a lawsuit against Stetson. Blakely pulled himself out of a 2017 practice and complained to an assistant athletic trainer that he felt dizzy and his chest felt tight. After resting for about 45 minutes, Blakely collapsed. Stetson workers tried to revive Blakely, but he died at a hospital. Blakely’s family filed a lawsuit alleging negligence by the university. A Volusia County circuit judge in 2021 said Stetson was shielded by releases that Blakely signed to play football, but the 5th District Court of Appeal in December 2022 overturned that decision.

4. Civil Justice

   $63M VERDICT AGAINST MIAMI COMMISSIONER ACCUSED OF POLITICAL RETALIATION

   Associated Press | Article | June 02, 2023

   A federal jury in Florida awarded $63.5 million on Thursday to a pair of businessmen who claimed Miami City Commissioner Joe Carollo used his office to harass them after they supported the commissioner’s political opponent. Carollo was found civilly liable in Fort Lauderdale federal court of violating the First Amendment rights of Little Havana business owners William Fuller and Martin Pinilla. The six-member jury awarded $8.6 million in compensation and $25.7 million in punitive damages to Fuller, as well as $7.3 million in compensation and $21.9 million in punitive damages to Pinilla. Attorneys for Fuller and Pinilla claimed that Carollo infringed on their free speech rights by weaponizing police and code enforcement to harass them and damage their reputations after they supported another candidate in Carollo’s city commission race in 2017. Carollo’s attorney said the commissioner wasn’t specifically targeting Fuller and Pinilla but working for the betterment of his district.

5. Criminal Justice

   LIFE OR DEATH? FATE OF ‘MURDER ON MY MIND’ RAPPER RESTS WITH THE NUMBER EIGHT, JUDGE RULES

   Miami Herald | Article | June 02, 2023

   Rapper YNW Melly’s murder trial is expected to start the week of June 20, but before the first juror has been picked, Broward Circuit Judge John Murphy, on Friday [June 2] lowered the threshold for a death sentence should he be convicted. Judge Murphy granted the state prosecutors’ motion to follow a new law that allows juries to recommend a death sentence with an 8-4 vote instead of a unanimous vote. Melly, best known for hit song “Murder on My Mind,” was arrested on two counts of first-degree murder on Feb. 13, 2019. Since then, he has been in the Broward main jail, despite efforts to get released at the height of the COVID-19 pandemic. Melly’s death penalty case is among the first considered after the change.

6. Civil Justice

   REAL ESTATE COUNSELOR: RULING FINDS HEALTH CLUB ON HOOK FOR LEASE PAYMENTS DURING COVID CLOSURE

   Miami Herald | Column | June 04, 2023

   Oscar R. Rivera, the managing shareholder of the Coral Gables-based law firm of Siegfried Rivera and head of the firm’s Real Estate Law Practice Group, writes: “Health and fitness clubs were heavily impacted by the government-mandated COVID-19 closures at the start of the pandemic in 2020 . . . There was a great deal of conjecture about whether the ’force majeure’ provisions in leases would shield businesses that were required to close due to governmentally issued mandates from their payment obligations under their leases . . . One of the first cases over this exact question to reach conclusion by a state appellate court was decided recently in favor of the landlord for an LA Fitness location in Bradenton. The state’s Second District Court of Appeal affirmed the lower court’s summary judgment ruling and found the health club would not be entitled to a refund of its lease payments made during the mandated closure period.”

7. Judiciary

   VOLUSIA COUNTY COURT JUDGE BELLE SCHUMANN TO RETIRE

   Palm Coast Observer | Article | June 04, 2023

   Volusia County Court Judge Belle B. Schumann is retiring, effective June 30. Judge Schumann received her undergraduate degree from Stetson University and her law degree from Florida State University. She was admitted to The Florida Bar in 1984 and was appointed Volusia County Court Judge by Gov. Jeb Bush in 2005. She was subsequently elected/reelected without opposition in 2006, 2012 and 2018. As a County Court judge, Schumann presided over every type of county court case, including misdemeanors, traffic, civil and small claims. She is credited with spearheading the creation of the Volusia County DUI Court program and received the Chief Justice Award for Excellence in 2018. Before joining the Court, Schumann worked in the State Attorney General’s office for over 20 years. Shumann’s position will be filled by gubernatorial appointment.

8. Legal Profession

   GUARDIAN AD LITEM VOLUNTEERS NEEDED

   Lehigh Acres Citizen | Article | June 02, 2023

   Volunteers continue to be a large need for the Guardian ad Litem Office as the number of children who have been abused, abandoned and neglected remains in the thousands. Florida Statewide Guardian ad Litem Office Director of Communications Melissa Bujeda said through the collaboration of a multidisciplinary team they use a Guardian ad Litem Attorney, a child welfare professional and a trained volunteer. “The team provides quality independent representation while we assist the child in expressing their needs and wishes,” she said. In 2022, the office represented more than 36,000 children throughout the state of Florida. As of April 30 there were 713 children appointed to the Statewide Office in Lee County. Bujeda said 446 volunteers were assigned to those children, which left 267 children without a volunteer. Those interested can visit guardianatlitem.org and fill out a volunteer inquiry form.