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.
December 10, 2024
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The Florida Bar
FIRST DCA JUDGE ROSS BILBREY OFFERS ADVICE ON CIVILITY, PROFESSIONALISM, AND ZEALOUS ADVOCACY
The Florida Bar | Article | December 10, 2024
On a recent “On Civility” podcast, First District Court of Appeal Judge Ross Bilbrey shared advice for lawyers, emphasizing that zealous advocacy should focus on important issues, not just to increase costs or make things difficult for the other side. He referenced Gene Autry’s “Cowboy Code” on professionalism, stressing honesty and integrity. Bilbrey, a 1993 graduate of the University of Florida Levin College of Law, served in various legal roles before being appointed by Governor Jeb Bush to the Santa Rosa County Court in 2006 and later by Governor Rick Scott to the First DCA in 2014. Bilbrey also highlighted the improvement in civility within the legal profession and recommended young lawyers seek mentorship, particularly through Bar service.
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Civil Justice
FIRED FLORIDA PROSECUTOR GETS $90,000 IN DISCRIMINATION SETTLEMENT
South Florida Sun Sentinel | Article | December 09, 2024
Former Broward prosecutor Andrew Newman settled his racial discrimination lawsuit against State Attorney Harold Pryor for a one-time $90,000 payment, announced in court in October. Newman had served the Broward State Attorney’s Office for 26 years before Pryor, elected in 2020, dismissed him and four other longtime white prosecutors — Tony Loe, Tim Donnelly, Alex Urruela, and Ted Daus — during Pryor’s first months in office in Broward County. Newman claimed racial bias, but he was the only one to sue. The settlement, details of which were released this week, included no admission of wrongdoing. Newman gets $43,750 in compensatory damages, $18,750 in back pay, and his lawyers receive $27,500. In return, Newman waives all further claims. Both sides agreed resolving the dispute quietly was better than a trial.
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Civil Justice
A JUDGE WEIGHS A PLAN TO DRILL FOR OIL IN NORTH FLORIDA
News Service of Florida | Article | December 09, 2024
On Monday [December 9], an administrative law judge began hearing a legal dispute over an oil and gas drilling plan in rural Calhoun County, Northwest Florida. Clearwater Land & Minerals Fla., LLC, represented by Timothy Riley, seeks to drill an exploratory well, claiming environmental protection and commercial viability. However, environmental group Apalachicola Riverkeeper, represented by Tim Perry, argues that drilling poses significant risks to the nearby Apalachicola River and Bay. The Florida Department of Environmental Protection approved a draft permit for the project in April, but the Riverkeeper challenges the permit, citing potential harm to sensitive areas. The case, sent to the Division of Administrative Hearings in June, is being heard by Judge Lawrence Stevenson. The hearing will address concerns over the project’s environmental impact, with settlement talks having failed. The location in Calhoun County was previously permitted for drilling but never developed.
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Civil Justice
COURT DECISION HURTS FLORIDA CONDO OWNERS WISHING TO SELL
JD Supra | Article | December 09, 2024
Since the collapse of Champlain Towers South in 2021, Florida has introduced new laws to ensure condo safety, with critical deadlines approaching by the end of the year. Condos over three stories must complete Structural Integrity Reserve Studies by the deadline. Many owners face rising costs and potential displacement. However, indecision from the Third District Court of Appeal over a March ruling is causing market standstill. The ruling requires 100% approval for bulk condo acquisitions, halting deals and leaving owners in limbo. Developers are reluctant to proceed without unanimous approval, and owners are unable to sell. The court has not responded to a rehearing motion filed eight months ago, creating uncertainty. If the Third DCA’s decision stands, the case may be appealed to the Florida Supreme Court.
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Civil Justice
JUDGE CLEARS WAY FOR NAVY VETERAN’S DEFAMATION CASE AGAINST CNN OVER REPORT ON EXORBITANT FEES CHARGED TO AFGHAN EVACUEES
Yahoo News | Article | December 09, 2024
A Florida judge allowed a lawsuit by Navy veteran Zachary Young to proceed against CNN. Young and his company, Nemex Enterprises, sued the network for defamation, claiming it falsely accused him of exploiting Afghan families during the 2021 U.S. withdrawal. In a November 11, 2021 segment by Alex Marquardt, Young’s image appeared with the chyron, “Afghans trying to flee Taliban face black markets, exorbitant fees, no guarantee of safety or success.” Judge William Henry ruled that a jury must decide if CNN acted with “actual malice” in its reporting, particularly over the term “black market.” CNN apologized for the error in a March 25, 2022 segment. The judge also ruled that references to “exorbitant” and “exploit” were opinions, but CNN failed to provide evidence of Young accepting money from Afghans. Nemex was not implicated in the case.