Florida Personal Injury Attorneys, Florida traffic accident Lawyers - Fox, Wackeen, Dungey, Beard, Sobel & McCluskey, Attorneys at Law

FWD Attorneys Teach About the Constitution
Deborah Beard, Frank Garcia and Karen Jerome Smith of Fox, Wackeen, Dungey, were all recent speakers at Martin County Schools during Constitution Week. Each attorney taught one school class and covered the first ten amendments to United States Constitution that make up the "Bill of Rights." Beard spoke at Murray Middle School, Garcia at Martin County High School and Jerome Smith at South Fork High School.

Constitution Week began in November 1952 when the US Congress passed a joint resolution declaring September 17 "Constitution Day and Citizenship Day." In November 2004, Congress addressed this issue again by passing a national mandate requiring every school and college that receives federal money to teach about the Constitution on or around September 17. The September 17 date was chosen to commemorate the date the United States Constitution was signed in 1787. In his 2007 Constitution Day proclamation, President George W. Bush reminded us of the work of the delegates who "convened in Philadelphia to create 'a more perfect Union' and craft the document that is the foundation of our country. With great diligence, they worked to develop a framework that would balance authority and inherent freedoms, Federal interests and State powers, individual rights and national unity." For more information on our Constitution, visit the National Constitution Center at www.constitutioncenter.org.

"It's important for people of all ages to understand our Constitution and the rights it guarantees us,” said Deborah Beard. "When speaking with students, I used situations that pertain to them to illustrate these rights." Beard, Garcia and Jerome Smith were among attorneys and judges who spoke to various middle and high school classes during Constitution week.
Irina Ivanova Receives UF Book Award
Second-year University of Florida law student, Irina Ivanova received the Book Award in Civil Procedure for Spring Semester, 2007. This award was sponsored for the fifth successive year by Fox, Wackeen, Dungey, as a way to show support to law students. Many FWD attorneys earned their law degree, bachelor’s degree or both from UF. Recognizing the value of their education, and remembering the challenges of law school, they saw the book award sponsorship as an opportunity to support those students who now share their dream of practicing law.

Ms. Ivanova is ranked in the top 10% of her class. Her favorite subject has been Administrative Law. She plans to take classes on Corporations and Income Tax and looks forward to working as an intern for the Northern District of Florida next semester. She is a member of Law Review.

“Receiving the award was a great encouragement after completing my second semester at law school,” said Ms. Ivanova.
Fox, Wackeen, Dungey Partner Frederik van Vonno Re-appointed to Serve on FL Bar Certification Committee
Frederik van Vonno of Fox, Wackeen, Dungey et. al. law firm has been re-appointed to serve on The Florida Bar's City, County & Local Government Law Certification Committee. The term of his appointment will run through June of 2009. Committee members play an important role in the certification process. FL bar board certified attorneys themselves, they draft the certification exams for future candidates, administer and grade the exams. Their expertise is essential in maintaining the rigor and integrity of the certification process.

"Having served on the City, County and Local Government Law Certification Committee has been a challenge and an honor for me," said Van Vonno. "Those who pursue certification exhibit a dedication to their profession and I'm proud to be part of the process."

Mr. van Vonno, a Stuart resident, has been practicing law for over twenty years. He practices in the areas of Local Government Law, Eminent Domain, Land Development and Real Estate and is partner at the law firm of Fox, Wackeen, Dungey, Beard, Sobel, Bush & McCluskey, located in the Tower Building at Willoughby Commons in Stuart. Mr. van Vonno has been a Florida Board Certified attorney since 2002, specializing in City, County & Local Government Law. In order to achieve FL board certification, an attorney must pass peer and judicial review. He or she must then apply to take and pass the certification exam in the area of practice. Only after passing the certification exam is the attorney considered board certified in that area. In order to maintain certification, attorneys must complete continuing education requirements over and above the requirements for a non-certified attorney.

"The work of The Florida Bar's standing committees is critical to the administration of Justice," said Florida Bar President-elect Francisco R. Angones. "Our bar would not be as effective without [each member's] help."
Florida Bar Recognizes Fox, Wackeen, Dungey Law Firm
The Florida Bar presented its "Excellence in the Promotion of Board Certification Award" to Fox, Wackeen, Dungey, Beard, Sobel, Bush & McCluskey, L.L.P. law firm during the Florida Bar annual meeting held June 28-29 in Orlando, Florida.

The Florida Bar Board of Legal Specialization and Education established this annual award to recognize excellence and creativity by a Florida Bar Board Certified attorney or law firm in advancing the public's knowledge of and appreciate for legal board certification.

"We firmly believe that The Florida Bar and this Court must responsibly move forward to assist the public in determining those individuals who are qualified specialists and not leave that role to telephone directory editors, voluntary professional groups, or to entrepreneurs with high-sounding specialty certificates and advertising techniques...This Court recognizes its responsibility to ensure that Florida's legal system is responsive to public needs...We believe that the public is entitled to know which lawyers have demonstrated special skills and possess technical competency in specific legal areas..." --The Florida Supreme Court Opinion, May 21, 1981

Fewer than 8% of attorneys in Florida are board certified. Certification requires significant experience in the area of expertise. The attorney must pass peer and judicial review. He or she must then apply take to take and pass the certification exam in the area of practice. Only after passing is the attorney considered board certified in that area. In order to maintain certification, attorneys must complete continuing education requirements over and above the requirements for a non-certified attorney. Six attorneys at Fox Wackeen Dungey are board certified in their area of specialty. Managing Partner W. Thomas Wackeen and partner Jack Sobel are certified in Civil Trial Law. Partners Lanning Fox and Richard Dungey are certified in Real Estate Law. Deborah Beard is certified in Family and Marital Law. Partner Frederik van Vonno is certified in Board Certified City, County & Local Government Law.

"We certainly appreciate the importance of Florida Bar Board Certification," said managing partner Tom Wackeen. "Our support for the process and efforts to educate the public about it stem from our dedication to professionalism and the high standards that Florida Bar Board certification requires. Fox Wackeen Dungey is proud to be the first recipient of this award. We also congratulate the other firms who were nominated."
Fox, Wackeen, Dungey Director of Human Resources Achieves SPHR Certification
Maryellen A. Castellano, Director of Human Resources and at Fox, Wackeen, Dungey et. al. law firm achieved Senior Human Resources Professional (SPHR) Certification from the Human Resources Certification Institute (HRCI) Requirements for SPHR Certification include minimum of two years progressive HR experience--six to eight years is recommended. By passing the SPHR Certification exam, the Castellano and other HR professionals demonstrate not only a high level of dedication to the Field of HR but also a breadth and depth of HR knowledge. An SPHR has the ability to use judgment obtained with time and application of knowledge and understands the business, not just the HR function.

"What more and more companies are beginning to understand is that when you make someone responsible for identifying mission critical personnel, that person instantly becomes mission critical as well," said R. Gregory Green, Chairman of the Board for HRCI. "Across the board employers--be they in government, nonprofit or private sectors--are coming to equate certification in the HR department with knowledge, excellence, efficiency and performance that contributes to the bottom line."

Ms. Castellano attended California State University at Fullerton and earned her BA degree in management. She went on to earn her Master Science degree in Human Resources Management and Labor Relations from Rutgers University Institute of Management and Labor Relations in 1990. She began her career at AT&T in 1986. After spending 15 years with AT&T, she moved to Stuart, Florida in 2001. She joined Fox, Wackeen, Dungey as Director of Human Resources and Marketing in 2005. She has been married to her husband, Bob since 1999, and they have four daughters and one grandson. She is on the Board of Directors of the Martin County Arts Council, served as the President of the St. Joseph Chapter Council of Catholic Women, and has been involved in the Human Resource Management Association of Martin County, the Association of Legal Administrators Palm Beach Chapter and the Columbiettes.

"Certification is something that we as attorneys recognize and value," said Fox Wackeen Dungey Managing Partner, Tom Wackeen. "Maryellen Castellano's certification is no surprise to us as she demonstrates Human Resources dedication, knowledge and professionalism every day."
Fox, Wackeen, Dungey Partner Jack Sobel Named "Super Lawyer" 2nd Year in a Row!
Jack Sobel of Fox, Wackeen, Dungey et. al. law firm has been named as a Florida Super Lawyer for the second year in a row. The publishers of "Florida Super Lawyers" strictly adhere to a rigorous multi-step selection process, which incorporates peer recognition and professional achievement. Evaluation peer review and final verification insures that only extremely qualified attorneys who meet the criteria are included.

"I'm thrilled to considered a 'Super Lawyer' for two years running,” said Sobel. "As a personal injury attorney, my primary focus is always on the client. I truly care about my clients and want to achieve the best possible outcome for each of them"

Mr. Sobel, a Jupiter resident, has been practicing law for over thirty years. He is a practices in the area of Personal Injury and is partner at the law firm of Fox, Wackeen, Dungey, Beard, Sobel, Bush & McCluskey, located in the Tower Building at Willoughby Commons in Stuart. Mr. Sobel has been a Florida Board Certified attorney since 1991, specializing in Civil Trial Law. In order to achieve FL board certification, an attorney must pass peer and judicial review. He or she must then apply take to take and pass the certification exam in the area of practice. Only after passing is the attorney considered board certified in that area. In order to maintain certification, attorneys must complete continuing education requirements over and above the requirements for a non-certified attorney.

"Congratulations to Jack for receiving this recognition," said Fox Wackeen Dungey Managing Partner, Tom Wackeen. "He's certainly a top-notch attorney and there's no doubt he deserves to be considered among the Super Lawyers of Florida."
Richard and Mary Dungey Honored by the Atlantic Classical Orchestra
Richard Dungey, long time partner at FWD and his wife, Mary were honored by the Atlantic Classical Orchestra for their volunteer work and dedication to the ACO, at a dinner held on March 25, 2007 at the Sailfish Point Country Club. Richard (Dick) Dungey attended the University of Florida and earned his BS/BA degree in accounting. He went on to earn his Juris Doctor degree from the University of Florida College of Law in 1972 and started his practice in 1973. Mr. Dungey is board Certified by the Florida Bar in Real Estate Law, first earning his Certification in 1989. He has been married to his lovely wife, Mary, since 1969, and they have five daughters and six grandchildren. He has been involved in the YMCA, Little League, was president of the Civitan Club of Martin County, the Gator Club of Martin County and the Martin County Girls Softball Association. He served on the School Advisory Committee of St. Joseph Catholic School and John Carroll High School, acting as chairman of the latter for nine years.

Mr. Dungey is also admitted to practice in the Federal Bar for the Southern District of Florida. He has been president of the Martin County Bar Association and is a member of the Executive Committee of the Real Property, Probate and Trust Law Section of the Florida Bar. He is past Chairman of the Board of Attorneys' Title Insurance Fund, Inc. and remains on the Board of Directors.

Mr. Dungey became active with the ACO in 1993. He was recruited by Maxine Graber and elected to the Board. In that same year, he was elected president of the ACO and served for the next two years in that capacity. He was again elected president in 2004, serving until 2005. Mr. Dungey chaired the Search Committee for the new Music Director/Conductor for the ACO.

Mrs. Dungey retired this year after serving the last 12 years as Assistant Principal of St. Anastasia Catholic School in Fort Pierce. Prior to that, she was a Middle School Math teacher and very busy mother of five daughters.
We Take Pleasure in Announcing that J. Henry Cartwright Has Joined Our Firm..
M. Lanning Fox, W. Thomas Wackeen, Richard J. Dungey, Deborah B. Beard, Jack M. Sobel, George W. Bush, Jr. and Michael J. McCluskey take pleasure in announcing the association of J. Henry Cartwright with our firm.

Mr. Cartwright practices law in the areas of commercial litigation, probate litigation, personal injury litigation and appellate litigation.

"Mr. Cartwright has an excellent understanding of the litigation process," said Partner, George W. Bush, Jr.. "His experience is evident in the quality of his work product, as well as his interaction with clients."

Mr. Cartwright completed undergraduate school at Youngstown State University, in 1989 and continued on to earn an M.B.A. in 1996. He then attended the University of Akron, where he received his Juris Doctor in 1999. Mr. Cartwright is active in Friends of Abused Children, Lighthouse for the Blind, Lake Park Elementary School and Palm Beach County Golf Association. He is a member of the Martin County Bar. Reported cases include McCane v. Hanley, 886 So.2nd, 1053 (Fla.4th DCA 2004), and Day v. Nova, 923 So 2nd 1162 (Fla 2006) and 916 So 2nd 903 (Fla 4th DCA 2005).
Partners Deborah B. Beard and Jack M. Sobel Achieve Recertification.
Firm Partner Deborah B. Beard recently received her Florida Bar Board recertification in Marital and Family law. Ms. Beard was first certified by the Florida Bar in 2001. Partner and Personal Injury Attorney Jack M. Sobel recently earned Florida Bar Board recertification as a Civil Trial Lawyer. He was originally certified in 1991 and first recertified in 1996 and again in 2001 and 2006. In order to remain a certified attorney, the Board requires that attorneys meet standards for continuing education as well apply for recertification every five years.

The Supreme Court of Florida established Florida's Board Certification program in 1982 to enable consumers to identify attorneys who are qualified specialists. A lawyer who is Board Certified by the Florida Bar has demonstrated ability and experience in his or her field and professionalism within the legal community. Only attorneys who are Board Certified may call themselves a specialist or expert. To become a Board Certified specialist, a lawyer must be an active member in good standing of the Florida Bar, have practiced law for a minimum of five years, complete approved legal education programs, demonstrate substantial experience in the specialty area, be favorably evaluated by judges and other lawyers as to ability and experience in the specialty fields, exhibit character, ethics and professionalism and pass a written test in the specialty area. According to the Florida Bar, "Board certification requires high standards, continuing legal education and professionalism in the practice of law. " The Board considers an attorney's continued interest in board certification " a direct reflection of [the attorney's] commitment to high standards in [his or her] practice." In the eyes of the Supreme Court of Florida, the attorney posses the distinction of having "special knowledge, skills and proficiency in [his or her] practice area, as well as character, ethics and a reputation for professionalism in the practice of law." Overall, fewer than 8% of the attorneys in Florida are Board Certified.

We commend Ms. Beard and Mr. Sobel for their dedication to both their profession and their clients.

For more information, please visit The Florida Bar Web site at www.floridabar.org/certification.
We Welcome Attorney Karen J. Jerome Smith to Our Firm
M. Lanning Fox, W. Thomas Wackeen, Richard J. Dungey, Deborah B. Beard, Jack M. Sobel, George W. Bush, Jr. and Michael J. McCluskey take pleasure in announcing the association of Karen J. Jerome Smith with our firm.

Ms. Jerome Smith practices in the areas of business and complex commercial litigation, construction litigation, contract litigation, contract fraud, appellate law, probate litigation and trust litigation.

Ms. Jerome Smith attended Widener University School of Law where she graduated near the top of her class, receiving her Juris Doctor, Cum Laude in 1995. She graduated with honors from Pennsylvania State University, College of Business Administration earning a B.B.A. in Finance/Economics in 1986. She is a member of the Florida Bar, the United States Court of Appeals, the Eleventh Judicial Circuit, the United States District Court, Southern, Northern and Middle Districts of Florida, the Palm Beach County Bar Association and the Martin County Bar Association. She joins us after spending six years with Greenberg Traurig law firm in West Palm Beach.

"Our firm is growing and was searching for a top-notch litigator to join our team," said W. Thomas Wackeen, managing partner. "Ms. Jerome Smith fits that description to a T. Her education combined with her experience make her a force to be reckoned with at the negotiation table and in the courtroom."
Our firm has moved! (posted 11/02/06)
We're excited to let you know that we've moved into our new offices. We will be located on the east side of Willoughby Boulevard in the Tower Building at Willoughby Commons, just north of the intersection at Indian Street. As always, our focus is on our clients. We decided to make this move because the firm has been growing and adding new attorneys and consequently, we need more space for meetings and mediations, our attorneys and staff. The site was chosen based on its convenient location, quality building and required floor space. Please join us for our grand opening on December 7, 2006 from 5:00-7:00 PM at our new offices at The Tower Building at Willoughby Commons, 3473 SE Willoughby Boulevard, Stuart. Our open house will include an art show featuring three fabulous local artists: Kim Rody, Julia Kelly and Kevin Hutchinson. Kim is a full time artist specializing in marine life and tropical scenes. Julia lives locally but her paintings focus on the beauty of Tuscany. Kevin's Florida landscapes will remind you of perfect days spent exploring the beauty of our area. We've also got other surprises planned-this is an event you won't want to miss!
FWD seeks top-notch litigator for our growing practice. (posted 10/31/2006)
AV-rated Fox, Wackeen, Dungey et. al. is seeking a motivated, top-notch attorney with 3-5 years civil litigation experience. Great career opportunity in a thriving firm. The successful candidates will have a strong academic background and a record of professional achievement. We are located in Martin County, which offers an excellent quality of life and Florida's best school system. Competitive salary accompanied by a generous benefits package. E-mail resume and law school transcripts to Maryellen Castellano, HR Director, at mcastellano@foxwackeen.com or fax to 772.220.1489.
We are pleased to Announce that T.J. Heinemann has become a partner in our firm. (posted 10/24/2006) M. Lanning Fox, W. Thomas Wackeen, Richard J. Dungey, Deborah B. Beard, Jack M. Sobel, Sobel, George W. Bush, Jr. and Michael J. McCluskey take pleasure in announcing that Theodore J. (T.J.) Heinemann, J.D., LL.M. has become a partner in our law firm. Mr. Heinemann concentrates his practice in the areas of estate, gift and generation-skipping transfer tax planning, charitable giving, asset protection planning, choice-of-entity planning, formation and transactions, tax planning for real property transactions, and probate and trust administration. Mr. Heinemann is also a member of the Board of Directors of Martin County Big Brothers/Big Sisters.
Frederik van Vonno named to the Board of Directors of the Treasure Coast (posted 10/24/2006) Wildlife Foundation Frederik van Vonno was recently elected to the Treasure Coast Wildlife Federation. The Foundation administers an endowment for the Treasure Coast Wildlife Hospital and Center and also assists with fund raising for the Construction of the Wildlife Center. The Treasure Coast Wildlife Hospital (TCWH) is a private not-for-profit corporation, dedicated to the preservation of wildlife and the conservation of natural habitats. It is not a government agency. All funding comes from public and private grants and from concerned people throughout the community. Its goals and purposes include the rehabilitation and return to the wild of sick, injured and orphaned wild animals, as well as informational services directed toward the public at large. Founded by Jean Henry and Ruth Stanwood in 1974, the Treasure Coast Wildlife Hospital is the only facility of its kind serving Martin, St. Lucie, Indian River, Okeechobee, and Palm Beach counties in Florida. Other community services are also available through the TCWH. It is involved with the management of urban wildlife, offering both help and advice to homeowners as well as businesses who encounter wild animals in their daily lives. The TCWH staff answers about 100 telephone calls a day, many of which are requests for information about wildlife. "Fred's commitment to the Wildlife foundation is just an extension of his involvement in our community." noted managing partner Tom Wackeen. For more information on the Treasure Coast Wildlife Hospital and Treasure Coast Wildlife Center, visit http://www.tcwh.org.
Frederik van Vonno Appointed to Florida Bar Certification Committee (posted 10/24/2006) Tallahassee, Fla. - Frederik van Vonno has been reappointed for a three year term as a member of The Florida Bar City, County & Local Government Law Certification Committee, a nine-member panel that oversees the board certification process for city, county and local government lawyers. Committees for each of Florida's 22 certification areas are responsible for reviewing applications, establishing testing procedures, facilitating exams, and approving or denying certification status. Board certification recognizes attorneys' special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.

"Board certification is synonymous with the terms 'specialist' and 'expert' for good reason," said Florida Bar President Henry M. Coxed, III. "The program maintains high standards for experience and integrity to help the public identify lawyers who strive for professional excellence." Certified attorneys are the only Florida lawyers allowed to identify or advertise themselves as "Florida Bar Board Certified," as specialists or as experts. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida. Mr. van Vonno is a Board Certified City, County & Local Government Lawyer. City, county and local government law is the practice of law dealing with legal issues of county, municipal or other local governments. Mr. van Vonno concentrates his practice in the areas of eminent domain; land use, environmental law and local government law; real estate; development and permitting; administrative law; civil litigation. A lawyer who is a member in good standing of The Florida Bar and who meets the standards prescribed by the state's Supreme Court may become board certified in one or more of 22 certification fields. Approximately 4,200 Florida lawyers are board certified. For more information, please visit The Florida Bar Web site at www.floridabar.org/certification.
Maryellen Castellano named to Arts Council Board of Directors (posted 10/24/2006)
Maryellen A. Castellano, Director--Human Resources and Marketing, has been elected to the Board of Directors of the Arts Council serving Stuart and Martin County for a three year term. The mission of the Arts Council is to provide leadership that instills passion for the arts to benefit our community. The council organizes numerous events in the community including the Sailfish Arts Show, Arts in Education Programs and the Public Art Program. Ms. Castellano has worked with the arts council for several years, beginning as a presenter for the Picture People program. The Picture People program is a curriculum-based elementary art program which seeks to develop a child's appreciation for art from an interdisciplinary approach. Volunteers take prints of museum art into any of the classrooms once a month to discuss content, style, etc. with the children while encouraging creative, imaginative responses. The program runs from October through April allowing for seven prints to be introduced to the students. More recently, Ms. Castellano worked with the Arts Council while preparing for the Sailfish Arts Show, an annual event held each February. This gave her the idea of inviting local artists to show their work at the firm's Open House in December. "It just seemed like a perfect fit. What better way to invite people to our new building than to feature some fabulous art? I think it will really make our grand opening celebration special." For more information on the Arts Council, visit their website www.martinarts.org.
George W. Bush Jr. appointed to serve on FL Bar Committee on Professionalism (posted 8/17/2006)
The President-elect of the Florida Bar, Henry M. Coxe, III has appointed George W. Bush, Jr. partner at the law firm of Fox, Wackeen, Dungey, Beard, Sobel, Bush & McCluskey, L.L.P., to serve on the Florida Bar's Committee on Professionalism for a three (3) year term beginning July 1, 2006.

Mr. Bush, a graduate of Georgetown University's School of Foreign Service and Cornell Law School, is the Chairman of the Martin County Professionalism Committee, which recently co-sponsored the Martin County Bench-Bar. He also serves on the Palm Beach County Professionalism Committee.
Firm Adds New Appellate Practice (posted 8/17/2006)
M. Lanning Fox, W. Thomas Wackeen, Richard J. Dungey, Deborah B. Beard, Jack M. Sobel, Sobel, George W. Bush, Jr. and Michael J. McCluskey are pleased to that the firm has formed an appellate law department.

Fox Wackeen offers extensive experience handling appellate matters in both the federal and state courts of appeal. Our team includes former law clerks for the Fourth District Court of Appeal, the appellate court serving the entire 19th Circuit, and the team carries that knowledge of the appellate court with it when arguing before other courts of appeal.

"The procedural and strategic issues on an appeal are very different than the issues involved in other types of litigation." said Fox Wackeen Dungey Managing Partner, W. Thomas Wackeen. This makes the experience that our appellate attorneys bring all the more important."

Fox Wackeen appellate attorneys are also available to assist in trial preparation and motion practice so that cases for our clients will have all issues preserved for appellate review if needed.
We Take Pleasure in Announcing that Francisco J. (Frank) Garcia Has Joined Our Firm. (posted 8/17/2006)
M. Lanning Fox, W. Thomas Wackeen, Richard J. Dungey, Deborah B. Beard, Jack M. Sobel, Sobel, George W. Bush, Jr. and Michael J. McCluskey take pleasure in announcing that Francisco J. (Frank) Garcia has joined our firm. Mr. Garcia concentrates his practice in civil litigation, commercial & business law, maritime law, and personal injury.
Fox, Wackeen, Dungey Law Firm Supports the Arts (posted 3/17/2006)
FWD recently demonstrated its support for arts in the community by sponsoring the Microbrewery at the Stuart Martin County Arts Council SailFish Arts show, held Saturday and Sunday, February 11th and 12th. SailFish Arts is an annual two-day celebration of the arts located on the grounds of Memorial Park and along East Ocean Boulevard in Historic Downtown Stuart, Florida. Visitors enjoyed fine arts and crafts, a children's area, live music entertainment, excellent food, wine tasting, microbrewery and a community area. For more information regarding SailFish Arts and the other fine events made possible through the Arts Council, visit their website: www.martinarts.org.
Goldman and Stirrat Have Become Partners in the Litigation Department (Posted 03/17/2006)
M. Lanning Fox, W. Thomas Wackeen, Richard J. Dungey, Deborah B. Beard, Jack M. Sobel, George W. Bush, Jr. and Michael J. McCluskey are pleased to announced that Robert A. Goldman and Shelly J. Stirrat have become Partners in our law firm.

Mr. Goldman practices in the area of Civil Commercial Litigation Representing clients in the areas of law enforcement representation, Construction industry licensing and litigation, Damage claims, Probate, consumer and contractual disputes, Real Property and Community Association Litigation and collections.

Ms. Stirrat practices in the areas of Civil Litigation and Appellate Law Representing clients in the areas of real property litigation, title claim defense, ad valorem tax litigation, landlord/tenant disputes and all aspects of an appeal including petitions for certiorari and final appeals.
Van Vonno and Ward have become partners in the Real Estate department (posted 3/17/2006)
M. Lanning Fox, W. Thomas Wackeen, Richard J. Dungey, Deborah B. Beard, Jack M. Sobel, Sobel, George W. Bush, Jr. and Michael J. McCluskey are pleased to announced that Frederik W. van Vonno and Susann B. Ward have become Partners in our law firm.

Mr. Van Vonno, Board Certified in City, County & Local Government Law, practices in the area of eminent domain, land use, environmental law and local government law, real estate, development and permitting, administrative law and civil litigation.

Ms. Ward practices in the area of Residential and commercial Real Estate, including acquisition, financing, development, title insurance and related matters.

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Library

"Auto Insurance: What You Don't Know Can Hurt You." By Jack Sobel
A lot of drivers don't pay much attention to their automobile insurance coverages until AFTER they are involved in an accident. Unfortunately for some, it is then that they learn that they are not adequately protected. Having "full coverage" doesn't necessarily mean what you might think. "Full coverage" can mean only that the policy provides full coverage as required by Florida law, which is actually only minimal coverage. "Full coverage" can also mean coverage in all categories but this doesn't guarantee that the AMOUNT of coverage is adequate within each category. A policy may provide coverage with minimal limits which could leave you exposed to personal financial liability should you cause an accident that results in damages which exceed those limits. The insurance company will only pay the type of benefits for which you paid premiums, and will not pay for more than the limits of benefits called for in the policy.

Typically available coverages include those required in order to register a vehicle in Florida: property damage (if you cause an accident and damage someone else's vehicle) and "no-fault" or Personal Injury Protection (PIP) coverage (which pays 80% of your own reasonable and necessary medical bills and 60% of your lost wages arising out of an accident -regardless of who caused the accident).

Most people also elect to carry some Bodily Injury (BI) Liability coverage (which pays for pain and suffering to another person that results from an accident you caused). If you cause an accident resulting in injuries and did not have BI coverage, your driver's license could be suspended until you pay those damages out of your pocket. Other available coverages include Collision coverage (which pays to repair or replace your vehicle if it is damaged in an accident-regardless of fault), Comprehensive coverage (which pays for the loss of your vehicle or its contents due to theft), Medical Payments (MedPay) coverage (which covers the 20% of your own medical bills not covered by PIP), and Uninsured Motorist (UM) coverage (which covers your bodily injury, pain, suffering and disability if the other driver caused the accident and didn't have sufficient Bodily Injury (BI) Liability coverage on his or her policy). Insurance companies can sell these coverages with minimal limits (such as $10,000) or with limits ranging into the hundreds of thousands of dollars. Also available from most insurance agents or insurance companies are umbrella policies, which provide additional coverage (into the millions) above the limits of your automobile policy.

Perhaps the most poorly understood coverage, which happens to be one of the most important types to buy, is Uninsured Motorist (UM) Coverage. Florida law does NOT require a person to buy Bodily Injury Liability (BI) insurance in order to register a vehicle in Florida and statistics show that a very high percentage of drivers in Florida do not have BI liability insurance. This means that if you are permanently injured in an auto accident, there is a significant chance that the person who caused that accident will not have any insurance to compensate you for your bodily injury and the resulting pain, suffering and disability. That's why we recommend that all of our clients purchase Uninsured Motorist (UM) coverage with limits equal to their Bodily Injury (BI) Liability limits. This valuable coverage protects you and your family members living with you. The insurance agent is required to offer it to you when he or she sells you an auto policy and to have you sign a waiver of coverage if you decide not to buy it. We recommend that you squeeze your budget somewhere else so that you can afford to add it to your auto policy.

We also recommend to our clients that they review their auto policies with their insurance agents annually. It is important to understand all the different types of coverage available, and to keep asking questions until enough is known about each to make an intelligent decision about the types and amounts of coverage to buy. In general, the more coverage a driver has, the better he or she will be protected in the event of an accident. However, increasing the categories of coverage you have, or the limits of coverage, can increase your premium costs dramatically. These types of decisions require a careful balancing of cost versus benefit and are not to be made casually.

Our firm has been advising clients on auto insurance and liability issues for more than 25 years. Jack Sobel is the partner at FWD who has specialized in auto accident and other personal injury cases for more than 28 years. He is Board Certified by the Florida Bar in Civil Trial Practice and enjoys the highest rating (AV) afforded by the national legal rating publication, Martindale-Hubbell. He would much rather answer your questions about insurance BEFORE an accident occurs or the need to submit a claim arises. Please feel free to call Jack Sobel, or one of his assistants, Anita Thomas or Debbie Lockliear, to schedule a complimentary conference.
Appellate Law: What It Means to You. By Shelly Stirrat
After months of litigation, the jury has returned a verdict in the opposing party's favor. What are your options now?

Appellate law usually begins where most other litigation ends. Appellate cases can cover a diverse range of subject matters, including commercial litigation, real estate litigation, employment and constitutional issues including ad valorem taxation.

There is no discovery, and the appellate record is limited to what was presented to the trial court. (For this reason, it is in the client's best interest to have the assistance of an appellate attorney when preparing for trial. This helps insure that important issues will be preserved for appellate review if necessary.) An appeal is presented to a multi-judge appellate panel and is decided almost entirely on the written briefs. The procedural and strategic issues in an appeal are very different than the issues involved in other types of litigation.

Fox Wackeen offers extensive experience handling appellate matters in both the federal and state courts. Our team includes former law clerks for the Fourth District Court of Appeal and the appellate court serving the entire 19th Circuit. The team carries that knowledge of the appellate court with it when arguing before other courts of appeal.

Fox Wackeen appellate attorneys are available to assist in trial preparation and motion practice so that cases for our clients will have all issues preserved for appellate review if needed. We strive to produce arguments and briefs that are not only meticulously researched, logically developed, and persuasively written for particular courts, but also highly readable and engaging to busy appellate judges. We present complex questions of law and fact in simple and straightforward terms.

Because we all know, having the right tools makes all the difference.
Helpful Tips if Divorce is Imminent. By Jennifer Alcorta Waters
If you believe that a dissolution of marriage is forthcoming, you may want to take steps to get prepared. Not only do you need to be prepared emotionally, but you should also have the knowledge necessary to protect yourself during the divorce proceeding. Emotionally, you will need to be ready to go through the grieving process. You may want to consider finding a therapist who can help you through this difficult and painful process.

In addition to preparing yourself emotionally for the dissolution of marriage, you need to insure that you have the necessary information to move forward. As with anything else, knowledge is power. You need to be knowledgeable about your income, your spouse's income and your assets and liabilities. Find the file cabinet in your house where all of the important paperwork is stored and review and copy all of the relevant financial information, including but not limited to: tax returns, both individual and corporate or partnership, paystubs or other evidence of income, check book registers, bank, brokerage and retirement account statements, credit card statements, loan documents including loan applications, financial statements, deeds to real property, all insurance information and any agreement between you and your spouse, including prenuptial or antenuptial agreements, or any court orders entered regarding any issue in the dissolution of marriage action.

During the dissolution, you will be required to exchange discovery documents, including the information listed above. You will also be required to complete an affidavit listing all of the assets and liabilities of the marriage. Therefore, the earlier you obtain this information, the better your position will be during the dissolution.
How You Can Build Equity and Save With Tax-Deferred Exchanges. By Susann Ward
Attention Investors - One of the last great opportunities to build on your equity and save on taxes is provided by Section 1031 of the Internal Revenue Code of 1986, as amended, commonly known as a "1031 Exchange" or a "Tax- Deferred Exchange". Completing a properly structured exchange (i.e., the sale of your income or investment property and the acquisition of new income or investment property), through a qualified intermediary, allows the taxpayer to defer the capital gain tax that would ordinarily be paid on the sale. You can exchange single or multiple properties, and the values of the properties do not need to be the same. There is no limit to the amount or the number of times you can exchange. What's more, the exchange need not be simultaneous - the transaction can be structured so that the new property can be acquired after, or even before, the relinquished property is sold. However, there are important rules and strict time frames that need to be considered. We would be happy to discuss these and the specifics of your transaction to assist you in this potential tax benefit.
An American Dream. By Jack Sobel
It came in the midst of a busy day's barrage of new mail, phone calls, conferences and meetings and so its significance could easily have been overlooked. It was just a voice mail message from a law student at the University of Florida - looking for a summer clerking position. No reason for it to stand out - most of the lawyers in the firm are Florida alumni and the firm keeps regular contact with the placement office there. But this message was very, very special. It was from a young lady whose name evoked memories of a very inspiring example of the American dream.

The story began down in Miami in the early 80's. I lived in northern Dade County and practiced downtown. My commute took me past a particular church, located just off the Interstate, an exit or two before my own. On Fridays, a middle-aged Latin man with a pleasant smile, (I'll call him "Roberto"), parked a beat up old van in the church parking lot, opened its back doors, put out a make-shift sign, and sold fresh flowers in generous bunches. Debbie and I were newlyweds then, and I regularly stopped during my Friday afternoon ride home to pick up a bunch for her. I can't help but smile as I remember how special she looked, standing at the sink in the tiny kitchen of our first home, cutting the stems of those colorful flowers, as she arranged them in a vase. Our home seemed especially cheerful and cozy those weekends, with fresh flowers on display.

Anyway, after I had stopped several Friday afternoons, and we talked a bit, a casual friendship developed between us. Roberto's English was crude; but I enjoyed the opportunity to practice my Spanish. I learned that he was from Uruguay - a country in South America where his wife and two small children were still. The country was beautiful, he told me, and the people gracious and kind. But there were political problems and not all were free to live as they would choose. I remember his reluctance to speak specifically, but it was soon apparent that his reasons for leaving his homeland were not casual. He had come to America to build the foundation for a better life for himself and his family, and as soon as he had the money, he planned to bring them to Florida. During those few minutes we spent together, I recognized his gentle nature and his warmth and friendly spirit. Roberto was a kind man, with simple goals. He had been through much, but was determined, with faith in all that is good, to work himself up to a better place.

One afternoon, his usual smile was replaced by an anxious and worried expression. When I asked what was wrong, he tried to defer my question. He knew that I was a lawyer, but was hesitant to tell me his problem for fear that I would think badly of him. It seemed that he had been cited by the police for, (and I am not making this up), "selling flowers from a non-permanent structure." Apparently, near-by shop owners had observed his growing popularity, (which was due, no doubt, to the combination of his affable personality and the high quality and low price of his flowers), and had complained to police that he was in violation of local zoning regulations.

I was anxious to help him, although the citation was answerable in criminal court - a very foreign place to a strictly civil lawyer, like me. Nonetheless, I offered to accompany him to his hearing. He told me that he didn't have much to pay, but I assured him that I wanted nothing - other than the opportunity to help a deserving friend. He gratefully accepted my offer, even after I warned him that I had never, ever been in a criminal courtroom, nor had I ever worked on a matter like his. But he really had no choice, since he knew no other lawyers and would not have been able to afford one anyway.

I spoke to the minister of the church which owned the parking lot where Roberto ran his business. I learned that the church loved having him there. He would create the most beautiful arrangements and bring them to Sunday services. Everyone had come to appreciate his work ethic and his goodness, despite the fact that there were few Spanish speakers in the congregation. The minister offered to come to Court with us to explain to the Judge that Roberto was always welcome to use the church parking lot.

I will not soon forget that morning in criminal court. Roberto, the minister and I sat together in that crowded room listening as the judge dealt with case after case arising out of the imperfect nature of human kind. Assaults and batteries, robberies, drug dealings - so many sad and ugly stories. Roberto's case didn't seem to belong there at all. Surely the Judge would see it that way and would quickly dispose of the charges against Roberto. Not so!!!

When the Judge called Roberto's name, we approached the bench to stand alongside an over-worked, dour-faced, short-tempered prosecutor. She quickly advised the Court that "the Defendant" had been cited for the same infraction on two previous occasions and had persisted in his "criminal behavior." In fact, she argued, it appears that this defendant thinks of himself as above the law. If he is convicted, she suggested (in a tone that could have easily been mistaken for bellowing), he should spend some time in jail. The Judge looked down at Roberto, like he was a hardened criminal, and sternly nodded his approval. I had been pretty calm until then - smiling and loosely comfortable - but at that moment an intense reverberation began inside my head, and I was instantly covered with sweat. Roberto was not sure what was being said, but he could tell bad things were happening to his lawyer's confidence and that was not good. With a facial expression like a frightened puppy, he looked at me for an explanation. I regrouped long enough to tell him that everything was fine, todo esta bien, but what I was really thinking was what kind of lawyer couldn't even keep a nice man from going to jail for "selling flowers from a non-permanent structure."

Well, the long and the short of it was that Roberto plead guilty and was placed on probation. No costs to pay, no fine, and, most importantly, no time in jail. The major condition of his probation was that he could not, ever again, sell flowers from a non-permanent structure. If he did, and he was caught, he would have to serve at least thirty days in the county lock-up.

Now it may seem hard to believe, but that little condition of probation was the best thing that ever happened to Roberto and his family. No longer able to sell flowers out of the back of his van, he had to search for a lawful American venue. And what could be more lawful and more American than a Little Havana grocery? Yes, the next I heard of Roberto, he had arranged with Sedano's supermarket to sell flowers from their store. And when Sedano's did well and opened another store, Roberto was able to sell more flowers. And then another store was opened. And so on, and so forth, until Sedano's was a huge success in Metropolitan-Dade County and Roberto was a hugely successful part of it.

Roberto's family quickly joined him in Miami where they lived together in a house he was able to buy. I can only imagine the joy that had to have swelled up in his heart when they were all reunited. And the pride that he must have felt. Could there be a better illustration of the word "success" than what Roberto had been able to do for his family?

I lost touch with Roberto after I moved here from Miami 7 years ago, but we did exchange Christmas cards. So I knew that his children were growing up, as were mine. And I heard mention that Roberto's oldest child, his daughter, had been working on her own version of the American dream. But it wasn't until I listened to her speaking on my voice mail, here in my office last month, that I realized what that entailed for her. She was the law student seeking the summer clerking position, on her way to a career as an American lawyer.

This article, written by Personal Injury Attorney and FWD Partner Jack Sobel was published in the Palm Beach Post on March 4, 2007. Copyright 2003-2003 Jack Sobel
The Happiness Gap By Jack Sobel
After "lawyering" for several years, I began to notice something which you might call the "capital-happiness gap." The more successful my practice became - and indeed my income had been increasing steadily - the more anxious, aggravated and worried I was. Earning and managing the money was stressful enough, but then, as our standard of living improved, we also stressed about sustaining it. It seemed like the more we had, the more we needed to have. If anything, the increase in financial success had caused a corresponding decrease in actual happiness.

Anyway, each time a substantial case resolved, the office would gather to celebrate. And more and more, there was a curious emptiness in our celebrations. Oh yes, the verdicts and settlements provided satisfaction - but I couldn't help noticing that none of us seemed as happy as we had been in earlier days. The money generated friction, like a giant weather system passing across the sky, spawning little tornados of conflict. The issues were generally small, but they began to occur more frequently and they were almost always about money. Each of us, including me, seemed less and less appreciative of the comradery and contributions of others and more and more focused on personal needs and expectations. We were forgetting those little things that had made us close, like caring about each other, and helping and sharing. Now there was serious money around, and everyone was serious about it. This developing tension was palpable and bewildering but the pattern was hard to ignore. We had re-discovered the old axiom that money didn't buy happiness. Yes, there certainly was an emptiness in our celebrations.

In the fall, my family and I traveled to a friend's house in a rural, agricultural section of southern Dade County for Thanksgiving dinner. Early in the afternoon, our wives asked my friend and I to go to the local supermarket for some grocery items. The market was located in "town," a good distance by back road from my friend's remote homestead. My fancy car was a little out of place in the parking lot of the supermarket, whose clientele consisted mostly of migrant farm workers and laborers. Still, we parked amongst the beat up pick-up trucks, did our shopping and returned to his house with the groceries.

As we unpacked in the kitchen, we discovered that we had brought back an extra bag. It was filled with meats - steaks, chicken and ground beef. We checked our receipt and confirmed that we hadn't been charged for these items; we had been given a sack belonging to somebody else. We were anxious to watch football on TV and felt lazy about the long drive back to the market, but we knew we had to return the extra bag.

When we re-entered the supermarket carrying the sack of meats, we saw a small man standing at the front desk with his face buried in his work-weathered, sun-darkened hands. Next to him were two or three younger men who resembled him in dress and appearance. The clerk standing at the counter was the first to notice us and quickly said something to the group in front of him. When the older man dropped his hands from his face to turn and looked at me and the bag of groceries that I held, we could see that he had been crying. He knew right away what I was carrying and dashed quickly to us. I handed him the bag, and he turned and handed it to one of the younger men. Then he got on his knees and took my hands into his own. He spoke between sobs and told me, as best I could make out in my imperfect Spanish, how he had spent his entire paycheck, all the money his family had, to buy a special meal for Thanksgiving. They were planning to celebrate the "success" they had found in America, working hard in the fields but earning wages which were lavish compared to anything they could earn in their native land. Theirs' was to have been a joyful feast - a genuine expression of gratitude for things we my friend and I had come to take for granted. However, when they got home from the store, they found that the bag with all the meat items was missing. They drove back to the supermarket, praying all the way, and now he was urging the Lord to bless us, and our families, for restoring his family's Thanksgiving.

Afterwards, as we returned to our families, our hearts were filled with a happiness that was pure and boundless. We gathered around my friend's beautiful dinner table and the array of our blessings was so much easier to see. The story of the grateful man made us all feel good and reminded us that to human beings, happiness comes more from the good things we do for each other than from the money we might possess. And, no, there was no emptiness in our celebration that night.

Copyright 2003-2003 Jack Sobel
Safe Driving Secrets Revealed. By Jack Sobel
Here are 10 important defensive driving tips:

1.) Allow enough space between your car and the one ahead of you. Four out of ten accidents involve rear-end collisions, many of which could have been avoided by simply following at a safe distance. Tailgating is very dangerous. Remember, at 60 miles an hour, your car will travel 90 feet in one second and it usually takes at least 2 seconds just to start reacting!

2.) Look around and ahead. It's always a good idea to scan the road and surrounding areas a few hundred yards ahead for potential hazards. Look around on both sides, and keep your eyes open for approaching vehicles, pedestrians (especially children) or animals that might enter your path.

3.) Have an escape route. Check your mirrors frequently to see what's beside and behind you. Think about where you could maneuver safely to avoid an accident.

4.) Don't depend on other drivers. Be considerate of others, but look out for yourself. Don't assume that other drivers are going to do what they're supposed to do. Be ready for the other driver to stop suddenly, to cut you off, or to turn without signaling.

5.) Keep your speed down. Remember that the posted limit applies to ideal conditions. You are wise to decrease your speed if conditions aren't ideal.

6.) Avoid distractions. Keep your ears on the road, too. Save cell phone conversations for another time. Don't change radio stations while driving. Safe driving is a full time job.

7.) Avoid frequent lane changes. Try to maintain a speed that keeps you in the flow of traffic. Every vehicle has a blind spot, which makes lane changes dangerous. Don't just rely on your mirrors. Make sure to check before changing lanes.

8.) Keep right except to pass. On multi-lane roads, it is important not to impede the free flow of traffic. Cruising in the left lane frustrates other drivers and causes them to tailgate and pass on the right.

9.) Use lights and signals. Use your headlights in dim daylight, rain or other reduced visibility conditions and always signal your turns.

10.) Keep a proper driving position. Maintain a comfortable, upright driving position, with both hands on the steering wheel. This will put you in better position to react to emergencies.

Our firm has been advising clients on safe driving issues for more than 25 years. Jack Sobel is the partner at FWD who has specialized in auto accident and other personal injury cases for more than 28 years. He is Board Certified by the Florida Bar in Civil Trial Practice and enjoys the highest rating (AV) afforded by the national legal rating publication, Martindale-Hubbell. He would prefer that you avoid an accident whenever possible. However, if you are injured in an accident , please feel free to call Jack Sobel to schedule a complimentary conference.
Homestead Exemption and the Law By Francisco J. Garcia
There has been some discussion lately covered by the press concerning Florida's homestead law. The State actually has two unrelated set of laws concerning homestead.

The first set of laws, mainly set forth in the Constitution of the State of Florida, provides for protection from most creditors for property that is homesteaded. While there is no cap on the value of the property that can be homesteaded, there is a limit that only a half acre within a municipality and 160 acres outside a municipality may be homesteaded. There is no filing requirement to claim this type of homestead, although there are documents which can be filed to substantiate that a certain property is to be considered homestead.

The second set of laws concerns an exemption of $25,000 in the assessed value of homestead property for purposes of ad valorem property taxes. While the current dollar amount of the exemption provides a reduction of around $500 of yearly property taxes, the greater benefit has been that yearly increases to the assessed value are limited to the lesser of 3% or the rate of inflation. Unlike the homestead provision concerning protection from creditors, the homestead exemption does require an initial filing with the County Property Appraiser and proof of residence in order to qualify. There is no limit to the size of the property for which the exemption can be claimed, and adjacent parcels can be combined with the homestead.

The homestead exemption can be lost, and thus the cap limiting increases waived, if the owner no longer resides on the property. Actions by the homeowner which may trigger losing the homestead exemption include renting out the home, obtaining a homestead on another property within Florida or another state, or leaving the home with no intention of returning to reside there.

There are various statutes and appellate cases concerning homestead which need to be reviewed in regard to particular factual circumstances. The above is a general description regarding homestead and should not be taken as legal advice.
A Judge Who Gets Things Done-With a Sense of Humor
In case you had the idea that the law is boring, or judges don't have a sense of humor, we're sharing the following decision:

Avista Management, Inc. v. Wausau Underwriters Ins. Co.

United States District Court,M.D. Florida.

AVISTA MANAGEMENT, INC., d/b/a Avista Plex, Inc., Plaintiff,
v.
WAUSAU UNDERWRITERS INSURANCE COMPANY, Defendant.

June 6, 2006.

ORDER
This matter comes before the Court on Plaintiff's Motion to designate location of a Rule 30(b)(6) deposition (Doc. 105). Upon consideration of the Motion-the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts-it is ORDERED that said Motion is DENIED. Instead, the Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of "rock, paper, scissors." The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006. If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 A.M. on Friday, July 7, 2006 before the undersigned in Courtroom 3, George C. Young United States Courthouse and Federal Building, 80 North Hughey Avenue, Orlando, Florida 32801.

DONE and ORDERED.

P.S. To make matters worse, the lawyers involved had offices in the same building!
How to Avoid a Home Renovation Nightmare By Raymond G. Robison
It is very probable that at some point in your life, the services of a good contractor will be needed. While many of us still have damage from previous hurricanes, and others are just looking to remodel our homes, finding a reputable contractor does not have to be intimidating. Here are some tips for hiring a contractor, who will professionally take care of all your repair needs:

1.) Speak with friends or neighbors. Odds are they have used or know a great contractor. Check with the Better Business Bureau at www.bbb.com.

2.) Get more than one bid, especially if it is for a big job;

3.) Ask for additional references from the contractor, and inquire as to the type of jobs the contractor normally performs;

4.) Confirm that the contractor is licensed. This can be done by going to www.myfloridalicense.com.

5.) Make sure you execute a written contract. You want to ensure that the work is done properly and in a professional manner, and the contractor wants to make sure that he or she is paid; a 'bare bones' contract will not protect you or the contractor. This is where an attorney can help draft or explain a contract, so that you can be confident that you are entering into a fair deal with the contractor;

6.) Don't pay for work that has yet to be performed by the contractor. Make payments as the work progresses;

7.) Confirm that the contractor has worker's compensation coverage. You can do this by requesting a certificate of insurance from the contractor. It protects you if an injury occurs on your property.

Hiring the correct contractor for your job and entering into a written agreement will help relieve headaches and prevent the need for additional repairs in the future.
FWD Supports the Arts
FWD has historically supported the arts, so we were thrilled to have two opportunities to really get involved over the past few months.

In December, we held our open house in conjunction with the Martin Arts Council's First Thursday. The First Thursday Event started in October and is Martin County's largest gallery event. It features over 25 galleries, receptions, music and artists at work. At FWD, the night took an artistic focus in every possible detail. Flutist Lindsay Hager (dressed in a self-created wearable art piece) accompanied by Dr. John Enyart on the violin performed classical music in the spacious lobby area, welcoming guests after a long day at work or about the town. Catering provided by Elegant Edibles White Glove Catering was a feast for the eyes as well as the palate. Original works were on display by eminent local artists Kevin Hutchinson, Julia Kelly and Kim Rody.

In February, SailFish Arts, Stuart's ArtsFest, celebrated its 20th anniversary and FWD was proud to be one of the SailFish Arts Festival Sponsors, as well as exclusive sponsor of the 20th Anniversary Celebration.

This year's SailFish Arts poster was designed by renowned artist and children's author, Janeen Mason. New and creative elements of the festival included the three-day Plein Air (open air painting) event held before the festival and the SailFish Arts site designed with the advice of Feng Shui expert, Darley Davies. Award winners included Richard Ryan who received best in show. For more information on SailFish Arts and other fabulous events organized by the Arts Council, visit their website: www.martinarts.org.
Divorce Mediation as an Alternative to Litigation By Doreen Halickman
Rob and Sue have been married for 12 years with two minor children. After a year of marriage counseling, Rob and Sue decided that divorce was their only option. Both Rob and Sue's parents had divorced during their childhood. Both remembered their respective parents engaging in a long and expensive battle. Because of this, Rob and Sue wanted to avoid litigation. However, they did not know how they could resolve their issues while avoiding a battle which they feared would hurt their children and drain their savings. Rob wanted the house sold; Sue wanted to stay in the home until the children graduated middle school. Rob and Sue also could not agree on a time-sharing visitation schedule for their children.

Mediation may be their alternative to litigation. Family/divorce mediation is a process designed to assist individuals who are separating, divorcing or dealing with issues after divorce, to negotiate an acceptable agreement. It is an informal, confidential and non-adversarial process for resolving disputes. The advantage of mediation is that it is generally less expensive, allowing the parties to create solutions best suited for their individual situations. Mediators work with both parties to resolve the parties' issues which may include custody, visitation, child support, alimony and the division of assets and liabilities. Unlike a judge or arbitrator, a mediator does not decide the facts of the case or outcome, but rather is a facilitator of communication and negotiations.

In Florida, an individual who proceeds with mediation without legal counsel has ten (10) days to review the agreement with an attorney. If after a consultation with an attorney, a party believes

the mediated agreement is not in his or her best interest, an objection can be filed and the agreement becomes null and void.

Here at Fox, Wackeen, Dungey, Beard, Sobel, Bush & McCluskey, LLP, Vicki J. Junod is a Supreme Court Certified Family Mediators available to mediate family/divorce disputes. In addition to representing clients during mediation, Attorneys Deborah Beard, Board Certified in Family and Marital Law is available for consultations prior to or after mediation to educate clients about the law and their legal rights.
Home Inheritance Explained by T.J. Heinemann
Homestead property in Florida is unlike any other asset in your "portfolio" in terms of how it passes upon your death. In Florida, there are two principal rules that restrict the right of a homestead owner to freely devise or "pass on" his or her homestead: First, if the owner dies and is survived by a minor child, regardless of what the owner's will or trust provides, the homestead will go to the surviving spouse and he or she has the right to possess and live in the homestead during his or her lifetime and then it passes to the children.

Second, if the owner is survived by a spouse but no minor child, the homestead again passes directly to the surviving spouse, and any attempt to devise the homestead to anyone else is null and void (Creditors cannot get the home).

If a person is not survived by a spouse or a minor child, then the homestead is able to be transferred to whomever the executor of the estate chooses.

In addition, if (i) the person is survived by any "heirs-at-law" (a key statutory term that includes a fairly wide range of family members) and (ii) the person devises his or her homestead to any one of those heirs, then the homestead is not subject to the claims of creditors of the person's estate. Instead, the homestead property becomes the property of the heir, although the Probate Court must issue an order stating this.

A Florida Supreme Court case recently confirmed another nuance of Florida's homestead laws when a homestead owner is survived by an heir but no spouse or minor child, and the person's will provides for certain specific cash bequests:

In the case of McKean v. Warburton, the decedent, an unmarried and childless Florida resident, devised $150,000 to his nephew in his will and passed his "residuary estate" (i.e., his remaining assets) to his half-brothers. Because the decedent's homestead was not specifically mentioned in his will, it became a part of his estate. Unfortunately for the nephew, however, there were insufficient estate assets to satisfy the $150,000 bequest. Naturally, the nephew argued that the proceeds from the sale of the homestead ($141,000) should be used to satisfy the bulk of the $150,000 bequest. However, the court disagreed and held that those proceeds were protected. This could have been avoided if the will was properly worded to allow that the proceeds of the sale of the homesteaded property be added to the estate.

Florida's laws concerning the homestead are complex, and, as such, are a potential source of much controversy. If you have any questions about how your Florida home will be administered and distributed upon your death under your current estate plan, we would be happy to meet with you and discuss them.
Firm Settles Emotional Case by Jack M. Sobel
The Plaintiffs were the three adult children of a wonderful lady who had been a Ft. Pierce resident for more than 10 years. We'll call her Mrs. T. When Mrs. T died on December 28, 2004, her children made funeral arrangements with a company that operates funeral parlors in several local communities, including Ft. Pierce and Stuart.

After a funeral Mass that Friday December morning the Defendant took Mrs. T's remains to its crematorium facilities in Stuart. Sometime after the cremation, the Defendant's Senior Location Manager telephoned one of Mrs. T's children and said that there had been "a problem."

From testimony provided by the Defendant's employees, it appeared that evidence of the "problem" was first discovered by the manager two days before the cremation. The next day, another funeral home employee also noticed it. He reported it to the funeral director in Ft. Pierce but didn't mention it to the Stuart manager until Wednesday. By that time, the cremation process had started. No photographs were taken, no written description was put into the defendant's records and Mrs. T's family was not notified until after her cremation. Mrs. T's daughter alleged that the Defendant's representative described the problem as "a very noticeable lesion" on Mrs. T's face. She alleged he told her he believed it had been caused by vermin and that there was evidence of droppings on the body. The children were horrified, disgusted and sickened. It should be noted that the family had an available burial plot in New York, but Mrs. T had repeatedly advised her children that she did not want to be buried because she was frightened of being eaten by bugs in the ground.

The children brought suit, and claimed that the desecration of their mother's remains should have been prevented. They also complained of the Defendant's failure to notify them before the cremation as well as its failure to photograph or otherwise document the damage. They claimed their sleep was disturbed by nightmares and they suffered with guilt, stress and anxiety. They asked for compensatory and punitive damages.

The funeral home was vigorously defended by the Miami office of a very large law firm. Nonetheless, the family was determined to seek justice in honor of their mother's memory. They wanted to do what they could to make sure that no other family would have to go through the same hurt they did. The story was broadcast on television and reported in the newspaper. The Defendant made changes in its policies geared toward preventing a recurrence of these events and the case was resolved.
How Our System of Civil Litigation Benefits All of Us By Jack Sobel
Our civil justice system provides a method for mutually acceptable conflict resolution, and is by far and away the best system in the world; but people have the misperception that people sue for no reason and that juries just give away piles of money to undeserving "claims exaggerators." Having tried cases for both sides, plaintiff and defendant, for 30 years, I know that is simply not true.

Juries almost always do the right thing. And because they do, and because the lawyers know they will, cases get settled. And settlements serve society very well. The peaceful resolution of disputes amongst its citizens is fundamental to an orderly and stable society. Both parties receive a significant benefit from settling. The party that did wrong pays restitution to the victim and feels better for it. They made a mistake, someone got hurt, but then they did something to make up for it.

On the other side, the victims of the incident start out angry and frustrated. Their closure comes from having the person or corporation that harmed them pay for it. Accountability and personal responsibility are themes that have always been part of "justice" and are well regarded across the widest political spectrum. A civilized justice system cannot rely on "an eye for an eye" -the cycle of revenge brings no peace to either side (consider the Middle East) . But there has to be some remedial action to serve the human need for fairness, which is where the concept of money damages came from.

The American system of civil justice encourages people and corporations to use care for the safety of others by holding them accountable to those injured by their carelessness. It gives the victim something to make up for his loss. The system works and justice is done.
Changing the Rules of the Game by Karen Jerome Smith
It is very probable that Technology has brought many wonderful changes to our world, but those changes are also accompanied by increasing obligations in the legal arena. Prior to the commonplace usage of computers and e-mail as a prevalent means of communication, discovery in court cases usually pertained to those items which clients maintained within their file cabinets at their home or office, i.e., paper or hard copies of documents. This is not the case today. Under the rules of discovery and recent court decisions, parties to a lawsuit can also be required to turn over files and correspondence kept on their computers; regardless of whether such items were ever printed. Clients should be mindful of this obligation and take steps to ensure they are providing their attorneys with all items that are relevant in a lawsuit, including documents, files and correspondence maintained solely on computers. Failure to do so can have adverse consequences in a case, including having the case decided against you. By taking the time and effort to gather these materials and provide them to your attorney early on in your case, you can try and avoid these adverse consequences.
Billy Donovan, The Orlando Magic and the Non-Compete By J. Henry Cartwright
What recently transpired with the Orlando Magic and the furor it created in the sports world and mainstream media is absolutely unique. It's true that the media tends to beat things to death for the sake of sensationalism. But, in fact, non-compete agreements are increasingly part of the business environment.

Legally, what is interesting about the Billy Donovan saga is that there is evidence that Billy Donovan actually suggested the terms of the agreement as a compromise. While courts disfavor agreements in restraint of trade, employee non-compete agreements are upheld routinely provided they meet certain criteria.

As a general rule, at least in Florida, to be enforceable in Court the non-compete need to be reasonably limited in three areas, 1) time, 2) scope and 3) geography. What we know about the terms is that they were for five years and involved only his ability to be a head coach in the NBA, rather than coach "basketball". Based on those being the sole terms, a few thoughts on each area are set forth below.

Time: Objectively, the time period of five years is the same period for which the contract was supposed to run. Ask yourself the question, is that reasonable? Most would probably say yes.

Scope: The scope limitation appears to be very reasonable. It is limited to the NBA. It does not limit his ability to coach in the State of Florida at any other level, to coach in any other professional or amateur capacity or even his ability to be employed by another NBA franchise in some other capacity than head coach. It is therefore likely that this is a reasonable limitation in scope.

Geography: This limitation goes hand in hand with the scope limitation. Again, it is focused on the NBA. So the geography would be limited to the NBA cities. This does not therefore appear to be an impediment to enforcement.

In summary, the non-compete that Billy Donovan signed is much like the shoes and the Wizard of Oz. Let's hope the Court's aren't called on to decide whether or not the agreement is enforceable.
Life Decisions and Adult Children, By Susann Ward
If, like myself, you are the parent of college age (or older) children, you know the mixed emotions that you experience in their transition into adulthood. While there is pride and excitement for all they have to experience, it is not always easy to take the supporting role in all of the important life decisions they will be making. Because young adults think that they are invincible, one thing that they will not be anticipating at this age, in all likelihood, is the need to have a plan for making medical and financial decisions should they become incapacitated.

While your child will always be your “little boy or girl,” the truth is that once a child turns 18, the natural parents no longer have authority over their child’s financial or medical decisions. If you and they are fortunate, perhaps the only time you will run into this is when you receive a bill from your child’s college clinic for some routine, though undisclosed medical matter, and while you may, ironically, be the designated party for payment, you are unable to get any information regarding the reason for the visit or the medical status of your child. On the other end of the spectrum, hopefully none of us will ever be in the position of the distressed parents and other family members of some of the students at Virginia Tech University. They were unable to get information about their loved ones, since the medical providers were unable to disclose a patient’s information to anyone else, even the patient’s parents, or suffer harsh penalties under the Health Insurance Portability and Accountability Act.

While it is frightening to even think that we could ever be in such a situation, it is prudent for us as parents to address it. Even I, as an attorney, had not considered this situation until I heard of the difficulties faced by the VTU students’ family members. I have since consulted with the estate planning attorneys at our firm and will have my adult children create a Durable Power of Attorney and a Health Care Surrogate Form designating me as their Attorney-in-fact and Surrogate to make financial and health care decisions should they not be able to do so themselves. I will also ask them at that time whether they want to execute a Death with Dignity Agreement (Living Will). (If they are not comfortable providing a financial Durable Power of Attorney, the document can be signed and held in escrow until the child authorizes its release or a physician indicates that the child is not capable at that time to make financial decisions due to medical conditions.)

Once our children do their own planning, they will decide on whether to designate their spouses (if any), friends or family as decision makers. However, generally a number of years go by between attaining 18 years of age and the time that a young adult considers the importance of these types of matters. That is why we, as their parents, can offer an alternative to a situation that otherwise would require the delay and expense of court action if these documents are not in place. I encourage you to think about this potentially critical issue, and review it with me or one of our estate planning attorneys, M. Lanning Fox, Richard J. Dungey or T.J. Heinemann. It would be an excellent time to review your own medical and financial directives as well.
How Much Do You Love Your Pets?, By Raymond G. Robison
I love my pet just as much as the next person (a Golden Retriever named Boots) but do you love your pet enough to leave him 12 million dollars? That is just what Leona Helmsley did for her eight-year-old Maltese dog named Trouble.

Ms. Helmsley was a real estate mogul, best known as “The Queen of Mean” for the way she treated her employees and ran the Helmsley’s multi-billion dollar real estate empire, which included several hotels and even the Empire State Building for a period of time. Ms. Helmsley is also known for her 18-month jail stint for tax evasion, where Ms. Helmsley was famously quoted as saying “only the little people pay taxes.”

But why would she leave 12 million dollars to Trouble for his care and feeding? It’s not like she thought it was important to take care of two out of her four grandchildren, whom she disinherited. I guess we will never know. Maybe she just really wanted to make sure that her dog was taken care of after her death, and telling a friend to watch over Trouble was not going to allow Ms. Helmsley to rest in peace. Personally, if anything happened to me, I feel pretty safe leaving my dog with a friend, who is also a dog lover.

But for those individuals who are afraid that a friend will not provide for their pet in the opulent manner that the pet has grown accustomed to, a properly drafted trust agreement will ensure that your pet is taken care of according to your wishes. While Ms. Helmsley’s trust for her Maltese is governed under New York law, where she was domiciled upon her death, Section 736.0408, Florida Statutes, allows a trust to be created for the care of an animal in Florida. This statute is relatively new in Florida, only going into effect on January 1, 2003. While there is little case law that discusses the pet-trust statute, it appears to provide ample care for your pet, even allowing the court to appoint a person to enforce the terms of the trust, ensuring your pet will receive the treatment that you desired.

The only ‘drawback’ of the statute is that you must be careful about how much money is left for your pet. If the Court determines that the value of the trust property exceeds the amount required for the intended use of the property (e.g., the care and feeding of the pet), the property that is not required for the intended use will be distributed to the settlor, if then living, or to the settlor’s estate. Therefore, if the trust for Ms. Helmsley’s Maltese dog was governed by Florida law, the court would distribute the ‘excess’ trust property to Ms. Helmsley’s estate, unless of course, the Court thought that an eight- year-old Maltese dog would require 12 million dollars for its care and feeding.

So, I guess I should start saving my money so that I can take care of my pet in high style when I pass away, but until then, I think I will just give my Golden Retriever a bone.
Understanding and Following Wage and Hour Laws, By Maryellen A. Castellano, SPHR

No business owner wants to break the law, especially when it comes to paying employees. But many people don’t actually understand the Wage and Hour provisions of the Fair Labor Standards Act.

The first thing any business owner should understand is that these laws are minimum requirements; that is, you can never do less than the law requires.

    1. Minimum Wage: Federal Minimum Wage was recently raised to $5.85 but you must always follow the more stringent of the state or federal law, and Florida Minimum Wage is currently $6.67 per hour.

    2. Pay at one-and-one-half time for any hours over forty worked in a single work week. A work week can start on any day of the week, but must remain consistent from week to week. You may be inadvertently failing to follow this minimum if you allow your employees “comp time” where they work extra hours in one week to use for time off the next week. Except in the case of Public Sector Employers, the law and Department of Labor do not recognize comp time. Time-and-one-half pay is not required in Florida for more than eight hours worked in a day, provided that the total for the week is less than forty hours. Additionally, certain types of bonuses may affect the overtime pay rate.

    3. Salaried employee exemption:   Many employers mistakenly believe that they can just pay an employee a “salary.” However, the FSLA has specific requirements that must be met to consider an employee “exempt” and the employee is entitled to overtime pay if his or her job doesn’t meet the requirements. If an employee makes more than $455 per week (not including board or lodging), supervises two or more employees and has the authority to hire and fire (or make hiring/firing recommendations), he or she may legitimately be considered “exempt