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.
October 08, 2024
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The Florida Bar
FLORIDA’S CLERKS RECOGNIZES DOMESTIC VIOLENCE AWARENESS MONTH
The Florida Bar | Article | October 08, 2024
Each year, Florida’s clerks of court help tens of thousands of vulnerable individuals suffering from harmful or threatening interactions apply for protective injunctions. In observance of October as National Domestic Violence Awareness Month, Florida Court Clerks & Comptrollers (FCCC) is recognizing survivors of domestic violence and highlighting services provided by Clerks of Court to assist those facing domestic violence issues. “As Clerks of Court, we are often the starting point for individuals impacted by domestic violence who decide to take action,” said 2024-25 FCCC President and Orange County Clerk Tiffany Moore Russell. “By providing guidance and helping process applications for protective injunctions year-round at no cost to the filer, clerks of court statewide work to ensure that every survivor receives the protection and care they need to find safety and hope. If you or anyone you know needs assistance with a domestic violence injunction or restraining order, we encourage you to please contact your local clerk’s office for assistance.”
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Judiciary
THESE FLORIDA COURTS ARE CLOSING AMID CATEGORY 5 HURRICANE MILTON
Daily Business Review | Article | October 07, 2024
Hurricane Milton intensified into a Category 5 storm Monday afternoon [Oct. 7], with winds of 180 mph, before dropping back to a Category 4 storm, passing the Yucatan Peninsula. The storm is headed toward central and southwest Florida, possibly arriving Wednesday night into Thursday morning. Flood watches and warnings encompass the entire Florida peninsula. The second hurricane to strike the Sunshine State in as many weeks has Florida courts rescheduling trials, hearings, mediations and first appearances. The Florida Supreme Court has posted a map on their website showing which county courts will close. This map will be updated as new information becomes available and the hurricane draws closer to the state. The only District Courts of Appeal that had taken action as of Monday were the Second and Fifth DCAs. These two appellate courts are set to close Tuesday, Wednesday and Thursday. The Florida Supreme Court has canceled oral arguments for Wednesday, October 9. Cases will be rescheduled at an unannounced later date.
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Civil Justice
MIAMI U.S. ATTORNEY MARKENZY LAPOINTE: BEWARE OF HURRICANE-RELATED SCAMS
WLRN | Article | October 07, 2024
Miami U.S. Attorney Markenzy Lapointe issued a reminder Monday [Oct. 7] warning the public to be vigilant of hurricane relief fraud in the wake of Hurricane Helene and the Hurricane Milton. “I urge the public to be wary of fraudsters looking to exploit victims of hurricanes and other natural disasters through identity theft schemes, solicitations for fake charities, or other types of fraud,” he said in a statement. He urges suspected disaster fraud be reported to the National Center for Disaster Fraud by calling (866) 720-5721 or by going online at www.justice.gov/DisasterComplaintForm. He says the public should exercise diligence before giving contributions to anyone soliciting donations or individuals offering to assist those affected by a hurricane.
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Civil Justice
FEDERAL APPEALS COURT BACKS FLORIDA ON PROTEST LAW, SAYING PEACEFUL PROTESTERS ARE NOT THREATENED
News Service of Florida | Article | October 07, 2024
After seeking help from the Florida Supreme Court on the meaning of the word “riot,” a three-judge panel of the 11th U.S. Circuit Court of Appeals on Monday [Oct. 7] overturned an injunction against a 2021 state law aimed at cracking down on violent demonstrations. The panel said the law is not unconstitutionally vague and overbroad and would not affect peaceful protesters. Civil-rights groups contended the measure could lead to peaceful protesters facing criminal charges when demonstrations turn violent. Uncertain about how to interpret the word “riot” in the law, the federal appeals court last year asked for an opinion from the Florida Supreme Court — a relatively unusual move known as certifying a question to the state court. Justices in June issued an opinion saying peaceful protesters are not threatened by the law.
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Civil Justice
FEDERAL JUDGE WEIGHING FLORIDA LAW BANNING ‘FAKE’ MEAT
News Service of Florida | Article | October 07, 2024
Chief U.S. District Judge Mark Walker said Monday [Oct. 7] he intends to rule quickly on a request to temporarily halt a new Florida law banning meat that state officials have lambasted as “fake.” Judge Walker held a more than two-hour hearing on the request for a preliminary injunction filed by UPSIDE Foods, Inc., a California-based company that is challenging the constitutionality of the law banning the sale and manufacturing of cultivated meat. Judge Walker indicated he would rule before an early November date that UPSIDE Foods said was needed for the company to prepare its poultry-based products for Miami Beach’s Art Basel event in December. An injunction would allow the company to sell the products while the underlying legal challenge moves forward. UPSIDE Foods contends in part that Florida’s law is improperly designed to favor in-state businesses over out-of-state competitors. It says Florida’s ban has affected the company’s revenue, promotional opportunities and reputation.
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Criminal Justice
JUDGE STEPS ASIDE FROM ‘STAND-YOUR-GROUND’ CASE OF MAN ACCUSED OF WAVING A GUN AT A WEDDING PARTY
Sun Sentinel | Article | October 08, 2024
Broward Circuit Judge Edward Merrigan has decided to step aside from the case of a Southwest Ranches wedding venue owner accused of waving a gun at his guests to break up a party that was going too long. Judge Merrigan granted a defense request to step aside from the case after he told attorneys on both sides he could not schedule a “stand-your-ground” hearing until late spring at the earliest, a delay defendant Miguel Rodriguez Albisu and his lawyer, Kenneth Padowitz, found unacceptable. Padowitz asked Judge Merrigan to grant his client immunity from prosecution under “stand your ground” over the summer, arguing that Albisu pulled out his weapon only after he felt he was being threatened by wedding guests who thought they were being cheated out of the final half-hour of their party. According to a lawsuit filed by several wedding guests, Albisu showed up to their party upset that they refused to disperse at 11 p.m.
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Legal Education
JACKSONVILLE UNIVERSITY COLLEGE OF LAW EXPANDS FACULTY
Jacksonville Daily Record | Article | October 08, 2024
Now in its third year of instruction and provisionally accredited by the American Bar Association, the Jacksonville University College of Law expanded its faculty with five professors, a counselor and a law librarian. Fifth District Court of Appeal Judge Scott Makar joins the faculty as an adjunct professor, bringing years of appellate practice experience to the curriculum. Initially appointed to the 1st District Court of Appeal in 2012, he was recommissioned in 2023 when Northeast Florida was made a part of the 5th District. Makar was a founding member of The Florida Bar’s Appellate Practice and Advocacy Section and the Jacksonville Bar Association’s Appellate Practice Section. The University also hired assistant professor of law Patrick Murphee and three adjunct professors– Chad Roberts, Natalie Tuttle and Katelyn Johnson. The university also added Academic Success Counselor Ron Angerer and Reference Law Librarian Lisa Varon.