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.
January 21, 2025
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The Florida Bar
CHIEF JUSTICE MUÑIZ DISCUSSES KEY CHANGES TO FLORIDA’S CIVIL JUSTICE SYSTEM
The Florida Bar | Article | January 21, 2025
Chief Justice Carlos Muñiz discussed major amendments to Florida’s civil justice system at the Florida Supreme Court Historical Society’s Annual Dinner on January 17 in Tallahassee. Effective January 1, the changes aim to streamline case management, impose firm deadlines, and improve the discovery process. Muñiz called the reforms the most significant in over 50 years, addressing concerns about “process exploitation” and emphasizing justice for litigants. Acknowledging short-term challenges, Muñiz described the updates as vital for a more efficient, fair, and cost-effective system. He emphasized the court’s focus on litigants’ needs while recognizing the burden on judges and attorneys to adapt. The court is committed to reviewing unintended consequences and welcomes feedback. Muñiz stressed the importance of adequate resources, including additional judges, case managers, and technology, noting that securing these will require legislative support amid competing budget priorities.
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Legal Discipline
SOUTH FLORIDA ATTORNEY CHARGED WITH AGGRAVATED BATTERY AFTER INCIDENT IN PRIME RIB LINE
Daily Business Review | Article | January 21, 2025
Mark Roher, a South Florida bankruptcy and commercial litigator, was booked by the Palm Beach Sheriff’s Office at 1:19 a.m. on Sunday, facing charges of aggravated battery with a deadly weapon. The incident occurred at a wedding at Boca Largo Golf Club, where witnesses alleged Roher became angry after young girls cut in the prime rib line. Roher reportedly strangled a guest and threatened to kill them while holding a plate, prompting intervention from a staff member, who called authorities. Roher countered that the guest insulted him and his wife, leading to a physical altercation involving several men. He claimed his wife hit the guest with a plate to protect him, but it caused no injury. Roher, who has a clear Florida Bar record and a history of pro bono work, stated he would press charges and seek video evidence from the venue during discovery.
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Legal Discipline
BCSO: LOCAL ATTORNEY ARRESTED FOR SEXUAL ASSAULT
My Panhandle | Article | January 19, 2025
The Bay County Sheriff’s Office arrested a local attorney on Sunday. Christopher Butler was arrested on sexual assault charges for victims of 16 or 17 years of age. According to The Florida Bar website, Butler currently works for the Florida Guardian Ad Litem Panama City office. A state agency that represents Florida’s abused, neglected, and abandoned children. No bond has been set.
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Florida Supreme Court
FLORIDA SUPREME COURT REJECTS APPEAL OF DEATH ROW INMATE WAYNE DOTY
Tampa Free Press | Article | January 21, 2025
The Florida Supreme Court denied an appeal by death row inmate Wayne Doty on January 18, upholding his sentence for the 2011 murder of fellow inmate Xavier H. Rodriguez at Florida State Prison. Doty, already serving a life sentence for a prior murder, choked and stabbed Rodriguez with a homemade knife after an alleged dispute involving insults and stolen tobacco. Doty, who represented himself at trial, argued on appeal that he was wrongly denied a PET scan and MRI to assess potential brain damage affecting his competency. The court rejected this claim, stating it was “procedurally barred” as it was not raised in earlier appeals. This decision reaffirms Doty’s death sentence. He remains on death row at Florida State Prison.
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Civil Justice
FLORIDA COURT OF APPEALS HOLDS PERSONAL CLAIMS UNDER THE FCCPA ARE NOT ASSIGNABLE
JD Supra | Article | January 20, 2025
The Florida Court of Appeals for the Fourth District affirmed that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot be assigned in KAC 2021-1, LLC v. Mary T. Matuskah Irrevocable Trust. The plaintiff, an assignee of a tenant, alleged FCCPA violations after the defendant trust posted an “8-Day Notice” on the tenant’s door, visible to others, allegedly harming her reputation. The tenant assigned her rights to the plaintiff, who sued for FCCPA violations, including public disclosure of debt information. The court upheld the trial court’s dismissal, ruling that FCCPA claims are non-assignable personal torts, as they involve harm to reputation and privacy. It noted FCCPA’s parallels to the federal FDCPA, under which claims are also non-assignable. Allowing assignments would undermine the statutes’ consumer protection purpose. The appellate court’s decision aligns with precedent, affirming the trial court’s ruling.
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Civil Justice
MEDICAL MARIJUANA COMPANY APPEALS FLORIDA JUDGE’S RULING ON CIRCLE K PAIRINGS
News Service of Florida | Article | January 20, 2025
Green Thumb Industries (GTI), a Florida medical marijuana company operating Rise dispensaries, plans to appeal a January 7 ruling by Administrative Law Judge Joshua Pratt, who upheld state regulators’ rejection of GTI’s proposal to open dispensaries adjacent to Circle K convenience stores. GTI filed the notice on January 18 with the 1st District Court of Appeal. The proposal, announced in October 2022, aimed to launch 10 dispensaries in Florida, starting January 2023. Florida Office of Medical Marijuana Use Director Christopher Kimball denied dispensary requests in St. Petersburg, Orlando, and Ocala, citing non-compliance with state law. GTI argued that similar dispensaries near convenience stores had been approved previously, accusing Kimball of applying “unadopted rules.” Pratt supported Kimball’s case-by-case decisions. GTI also has a pending case involving a denied Ocala dispensary and questions the state’s claim that proximity to convenience stores increases crime risks.
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Civil Justice
FLORIDA OFFICIALS ISSUE URGENT WARNING: BEWARE OF NEW “JURY DUTY SCAM”
Florida News Network | Article | January 21, 2025
Florida law enforcement warns residents of the “Jury Duty Scam,” where fraudsters pose as court officials claiming missed jury duty. They demand fines between $500 and $2,000 or personal information to avoid arrest. Using spoofed caller IDs, scammers appear legitimate, citing fake badge numbers or real officials’ names. Payments are requested via untraceable methods like gift cards, wire transfers, or cryptocurrency. To protect yourself, note that courts only send jury duty notices by mail, never demand payments by phone, and don’t request personal information. Hang up on suspicious calls, verify claims with your local Clerk of Court, and report scams to local law enforcement or the FTC at ReportFraud.ftc.gov. Counties like Miami-Dade, Hillsborough, and Orange are raising awareness. Victims should report the scam, monitor their credit, and contact banks if financial details were shared. For jury duty verification, visit www.flclerks.com. Stay vigilant and informed to avoid exploitation.