The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.
September 11, 2023
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The Florida Bar
FLORIDA BAR TECH HELPLINE CONTINUES TO EARN HIGH MARKS
The Florida Bar | Article | September 11, 2023
The latest user survey shows that when it comes to dealing with IT challenges, The Florida Bar Tech Helpline remains a popular and cost-effective solution. The Florida Bar Tech Helpline was added to the Member Benefits lineup in 2022 to offer routine remote services, including basic troubleshooting, operating system support, and technical setup for home and remote offices. The helpline is primarily promoted to solo and small-firm practitioners who are less likely to be able to afford their own IT service but is available to all Florida Bar members in good standing that need non-emergency, remote computer, software, and related technology support. Conducted in August, the anonymous survey of 99 users showed that 90 percent received the help they sought. As in past surveys, narrative responses were overwhelmingly positive, many effusive.
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Criminal Justice
11TH CIRC. UPHOLDS 60-MONTH SENTENCE FOR THREATENING FEDERAL MAGISTRATE JUDGE
Daily Business Review | Article | September 08, 2023
The U.S. Court of Appeals for the 11th Circuit has affirmed defendant Lawrence Curtin’s criminal convictions for mailing a threatening message to a federal magistrate judge in Florida. Judge Kevin C. Newsom issued an opinion Aug. 28 on behalf of a three-judge panel including Judges Charles R. Wilson and Robert J. Luck. In 2012, Curtin was injured in a car wreck which spurred multiple lawsuits, one a personal injury action in Florida state court and two civil suits in federal court. Magistrate Judge Shaniek Maynard recommended the cases be dismissed. However, Curtin complained to the Florida Judicial Qualification Commission about the handling of the original case by state court Judge Janet Croom. The commission found that his complaint contained a threat that invoked a “Biblical law which states an ‘eye for an eye’” and stated that he had an “obligation to stop Croom.”
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Civil Justice
VOLUSIA JOINS 650 SCHOOL DISTRICTS IN SUING SOCIAL MEDIA GIANTS, CITING MENTAL HEALTH HARM
Daytona Beach News-Journal | Article | September 11, 2023
Volusia County Schools is one of at least 12 districts in Florida and 650 nationwide that are suing Meta, the parent of Facebook and Instagram, as well as other social media companies, alleging they have done harm to children’s mental health and burdened educators. Social media companies’ addictive algorithms have contributed to a decline in mental health, and districts are having to hire more people and create new policies and plans, as a result, the suit argues, and schools need to be compensated. “What we’ve heard from (Volusia) and districts across the country is in the past 10 years, they’ve been dealing with the impact of social media on their campuses,” William Shinoff, one of the lawyers who represents Volusia County and other districts, said in a recent interview. Getting school districts funding to provide mental health resources for their students is one part of what the plaintiffs are asking, Shinoff said.
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Criminal Justice
COURT ORDERS MIRAMAR TO PAY $3.6 MILLION TO WRONGLY CONVICTED INMATE WHO SPENT 26 YEARS IN PRISON
Sun Sentinel | Article | September 08, 2023
Broward Circuit Judge Carlos Rodriguez has ordered the city of Miramar to pay $3.6 million to Anthony Caravella, who spent nearly 26 years in prison for a rape and murder he did not commit before he was released in 2010. Judge Rodriguez said the city of Miramar is on the hook for nearly half of the $7 million judgment Caravella won in a federal case against the officers who allegedly coerced him into confessing to the 1983 murder of Ada Jankowski. Caravella was 15 at the time, and mentally challenged, when Miramar police and the Broward Sheriff’s Office framed him for the slaying. DNA evidence freed Caravella in September 2009 and he was formally exonerated six months later. The lawsuit was filed in federal court, and a jury found in Caravella’s favor in 2013, awarding him $7.5 million.
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Civil Justice
MIAMI COMMISSIONER ASKS JUDGE TO WAIT UNTIL AFTER ELECTION TO HEAR ‘SHAKE DOWN’ LAWSUIT
Miami Herald | Article | September 09, 2023
Miami Commissioner Alex Díaz de la Portilla has asked a judge to postpone proceedings in a lawsuit alleging that he attempted to “shake down” the operator of a city marina, arguing that the case ought to be paused until after voters decide this November whether to give him four more years in office. The commissioner, who is running to retain his seat representing District 1, responded for the first time on Saturday [Sept. 9] to the lawsuit by lobbyist and former state lawmaker Manuel Prieguez, who says Díaz de la Portilla tried to squeeze his client during a contentious battle over a lucrative contract to operate and redevelop the city-owned Rickenbacker Marina. In a court filing, the commissioner’s lawyer called the lawsuit politically motivated. In his lawsuit, filed Tuesday [Sept. 5] in Miami-Dade Circuit Court, Prieguez accused Díaz de la Portilla, former Miami Commissioner Humberto “Bert” Hernandez, and attorney and real estate agent Anibal Duarte-Viera of pressuring him and the marina’s longtime operator in 2020 to add Duarte-Viera as a partner on the marina project in exchange for the commissioner’s vote.
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Legal Profession
APPELLATE CONSIDERATIONS OF RECENT FAMILY LAW REFORM
Daily Business Review | Column | September 08, 2023
Florida’s legislature recently brought sweeping changes to alimony, time-sharing, and modifications of support and alimony through amendments to statutes governing those aspects of Florida family law. The governor signed the new laws on June 30, and they took effect on July 1. As with any statutory amendments, confusion arises as to when the amended statutes apply and what impact they have on pending cases, which leads to issues for appeal. This column considers the new amendments and their ramifications for appeals.