It is hard to believe that Thanksgiving is only a matter of weeks away! Life can be fast, stressful, and at times, extraordinarily complicated. The work/life balance can be overwhelming. However, with all that life has to offer, it is so important that we take time to really appreciate every single person that we encounter and how each person touches our lives.
The quote by Harold S. Kushner is a favorite of mine, “Do things for people not because of who they are or what they do in return, but because of who you are.” We have the unique gift to change someone’s day simply by being kind. On this note, there are so many wonderful things happening with the Section that would not be possible without the incredible support of so many kind people.
We concluded the Trial Advocacy Workshop at the JW Marriott in Tampa which proved to be an amazing success. The Trial Advocacy Workshop was our first sold out event of this Bar year! The time and dedication that each Workshop Leader, Speaker, Expert Witness and Lay Witnesses gave was unsurpassed and amounted to a priceless experience for our attendees. I am so very grateful for each and every one of you!
The In-State Retreat, which was also sold-out and in full swing at the Hilton Marco Island Beach Resort and Spa this past weekend, was full of wonderful people, lots of laughter and truly amazing memories that I will cherish forever. The In-State Retreat Chairs, Christopher Rumbold and Kristin Kirkner, along with our amazing Section Administrator, Wille Mae Shepherd, have done such an amazing job taking my vision for this Retreat and bringing it to a level that I could have only dreamed of.
I would be remiss if I did not mention our beloved friend, mentor, incredible mother and grandmother, Melinda Gamot. She always inspired me to be the best that I could be at all times, she would have it no other way, but also continually reminded me that life is short and we must enjoy each day as if it may be our last. She will be dearly missed.
I wish each of you a wonderful Thanksgiving holiday, full of joy and blessings.
Heather L. Apicella, Chair, 2021-2022
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GET PAID:
Attorneys Fees and Costs in Family Law Cases
Learn how to obtain attorneys’ fees in a family law proceedings by complying with the statutory or contractual authority which justify fee awards and by proving need and ability to pay. This course will cover the Rules of Professional Responsibility, available sanctions, and the case law that impacts attorney fees and cost claims. Presenters will also share some “Hot Tips” to assist you in your everyday practice when seeking or defending again.
Schedule
12:00 PM – 12:05 PM
Welcome and Introductions
William “Trace” Norvell, Esq. West Palm Beach
12:05 PM – 12:45 PM
Attorney’s Fees in Florida-Statutory or Contract Only including:
Statutory Enrollment
Case Law (Need v. Ability to Pay)
Contract Entitlement
Court’s Inherent Sanctions
Rosen v. Rosen and Progeny
Practice & Procedure
Catherine M. Rodriguez, Esq., Filler Rodriguez LLP, Miami
Jacqueline M. Valdespino, Esq., Valdespino & Associates, PA, Miami
12:45 PM – 12:55 PM
Hot Tips
Catherine M. Rodriguez
Jacqueline M. Valdespino
1:00 PM
Closing Remarks
William “Trace” Norvell
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Our Section family is heartbroken with the loss of one of Family Law's greatest ambassadors and advocates, Melinda Gamot. Melinda was extraordinarily influential, graceful, and inspirational to so many of our members.
Along with her unmatched legal accomplishments, Melinda was truly an amazing woman, step-mom, mentor, and animal lover, particularly to her beautiful horses.
Please join us in sending her family our deepest sympathies on the loss of this incredible woman.
We're sharing a clip from a recent podcast interview with her, produced by member Eddie Stephens and conducted by Caryn Stephens. The interview begins at 41:40. We hope you enjoy hearing her timeless words of wisdom as much as we did.
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VIRTUAL
Thurs., November 17, 12:00PM - 1:00PM: CLE Webinar - Get Paid: Attorneys Fees and Costs in Family Law Cases. 1 CL Credits. Register HERE.
IN-PERSON
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What a fantastic In-State Retreat in Marco Island! Nearly 70 Family Law Section members and their guests attended this 3-day event, designed (expertly, we might add, by Christopher Rumbold, Kristin Kirkner, Heather Apicella and the incomparable Willie Mae Mills Shepherd), to relax, revive, and rejuvenate. And, trust us, it worked! Enjoy a few photos below, and stay tuned shortly for a posted website gallery of photos soon! |
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As reported by the Florida Bar News, the recent filing of two bills, HB339 and SB558, would require transcription of family law court proceedings involving issues of parental responsibility and child support. The Family Law Section is monitoring the bills as part of its legislative activities.
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By: Philip J. Schipani, Esq., B.C.S.
Pardes v. Pardes, 46 Fla. L. Weekly D2320a (Fla. 3d DCA 2021)
This case discusses voluntary trial resolution judges pursuant to Florida Statute §44.104(11). The Pardes parties completed a five-day non-jury trial before the voluntary trial resolution judge. Subsequent to the trial, the parties each appealed the Final Judgment. Pursuant to Fla. Stat., §44.104(11):
(11) Any party may enforce a final decision rendered in a voluntary trial by filing a petition for final judgment in the circuit court in the circuit in which the voluntary trial took place. Upon entry of final judgment by the circuit court, any party may appeal to the appropriate appellate court. Factual findings determined in the voluntary trial are not subject to appeal.
Consequently, the parties were precluded from appealing the factual findings made by the voluntary trial resolution judge and the appellate court was limited to legal application.
This case additionally provides a lengthy discussion of Hooker v. Hooker, 220 So. 3d 397 (Fla. 2017) while considering the classification of real property in a 33-year marriage where the parties had separated several times and entered into several post-nuptial agreements. Readers are encouraged to read this instructive opinion for an in-depth analysis.
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By: Maria Gonzalez, Esq., Linda Fieldstone, M.ED, The Honorable Michelle Morley
Be on the lookout for an upcoming Commentator article highlighting the role of eldercaring coordination when issues regarding gray divorce exacerbate family feuds. Florida is the first state in the U.S. to enact a statute on eldercaring coordination – a court-ordered dispute resolution process developed specifically for older adults and family members in high conflict to address non-legal issues regarding their care and safety of their aging loved ones. Benefits span generations when the older adult’s voice is elevated and family members learn how to collaborate productively. Multigenerational families are unique and concerns about an elder’s care and safety will likely impact the entire family dynamic in your family law matters. Rather than an agreement submitted to the court like a Parenting Plan in parenting coordination cases, eldercaring coordination uses an action-oriented eldercaring plan, continuously modified with doable steps to help the family provide for the elder’s changing needs and preferences. The upcoming Commentator article will attempt to better explain this new alternative dispute resolution process.
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By: Jack Moring, B.C.S.
Q: What’s an NFT?
A: It’s an acronym.
Q: For?
A: Non-Fungible Token. Thanks, my work here is done.
Q: Wait! What’s a Non-Fungible Token?
A: Well, you know stuff like cash money and even cryptocurrency like Bitcoin is fungible, right, meaning interchangeable, each dollar basically identical to the other, each Bitcoin basically identical to the other? Remember Pfrengle (976 So. 2d 1134 (Fla. 2d DCA 2008)) and Abdnour (19 So. 3d 357 (Fla. 2d 2009))?
Q: Yeah.
A: Well an NFT ain’t that.
Q: Okay, you’ve described what it isn’t, but my question was, “What is it?”
A: How about I show you one?
Q: Okay, I guess.
A: Here you go:
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Q: What the . . .?
A: I know, cool, right?
Q: What is that?
A: It’s a unique piece of artwork, kind of like some of the earliest NFTs, CryptoKitties. Also, did you know that Jack Dorsey, the CEO of Twitter, recently sold his first tweet as an NFT and got almost $3 million for it?
Q: He got almost $3 million for this?
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A: Nope that’s just a copy of the tweet from an Adweek article from earlier this year.
Q: So I can view Dorsey’s tweet online, or even print it off and hang it on my wall, and yet it’s still worth almost $3 million as an NFT?
A: I know. Crazy, isn’t it? Let me try and explain a little more. An NFT is a digital asset, and it is identified by a unique digital token that is stored on an open blockchain (a type of database that stores data in blocks which are then chained together chronologically), usually the Ethereum blockchain, which is where NFTs started way back in 2015. When you buy an NFT, your proof of ownership is that unique digital token, kind of like a certificate of authenticity or a license. The image itself may be freely available, like Dorsey’s tweet or that fake Banksy NFT image that someone spent over $300K on recently. Think of it like artwork. You can buy a print of Edward Hopper’s “Chop Suey” for less than fifteen bucks online, but the original sold a few years ago for around $92 million. Art is big in NFT-circles. Believe it or not, Mike Winkelmann, a digital artist known online as Beeple, recently sold an NFT of his work for $69 million at Christie’s. According to a recent article on The Verge, he had never sold a painting for more than a hundred bucks before getting into NFTs last fall.
Q: I’m kind of wishing I had sent in my rendition of Tippy the Turtle to that art “school” that advertised in comic books when I was a kid. So what kinds of NFTs are there besides a picture of a sunglasses-wearing creature from the black lagoon, Dorsey’s tweet, a cryptokitty, a fake Banksy or a real Beeple?
Q: So, if I have a case involving NFTs, what do I do?
A: You’re going to need to study up on this whole area, and it can make for some hard reading if you don’t already have some experience in dealing with cryptocurrencies. A few good (free) places to start are the Tips & Tutorials and Crypto Basics section of coinbase.com. There are universities that offer online courses, and there are other fee-based educational opportunities available online. The ABA offers an annual CLE event, called the National Institute on Blockchain and Digital Currency, though recent offerings have not been geared to the family law practitioner. You might also have noticed that, starting with the 2020 tax year, if you filed Form 1040, you had to answer this question: “At any time during 2020, did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency?” The IRS has an informative FAQ on virtual currency transactions that you should read. Virtual currency transactions do carry tax implications (both property tax (capital gains) and income tax) that must be explored and considered. Identification and valuation can be challenging. Even if your client says their spouse only “dabbled” in virtual currency transactions, given the volatility in pricing, you at least need to discuss with your clients what they might be leaving on the table by not exploring any such holdings (such as by subpoenaing and cloning hard drives, smartphones and tablets and engaging a forensic accountant with experience in virtual currencies). These are largely uncharted waters, and as the maps of old warned: “Here be dragons.”
Q: Jeez.
A: You said it.
*“A Short Question and Answer on Non-Fungible Tokens (To Be Honest/Shaking My Head)”
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By: Cathy L. Purvis Lively, Esq., JD, MS
COVID-19 forced us to rely on technology, such as video-conferencing, for hearings. Some attorneys see only negatives and are eager to return what was the norm. In contrast, others discovered ways to enhance their practice. During the various phases of the pandemic, video-conferencing was the only option for keeping cases on course. With relaxed restrictions on physical distancing, video-conferencing is no longer the only option. That said, using video-conferencing for hearings has advantages beyond the pandemic--videoconferencing is both efficient and cost-effective.
Efficiency: Video-conferencing eliminates non-productive time. Rather than commuting and waiting, we can use the time to work on other matters. The net result could be more time for other activities. Consider how much time we spend traveling to and from hearings during the year, and then imagine using those hours doing something enjoyable.
Cost-Effectiveness: Video-conferencing eliminates time spent commuting. The Uniform Guidelines for Taxation of Costs provides attorney time spent traveling to and from hearings, and the incurred expenses should not be taxed as costs.[i] In considering ways to ethically and effectively reduce fees and costs billed to our clients, videoconferencing is one way to reduce such fees and costs. When the client must appear, video-conferencing requires less time away from their work or other , and reduces their out-of-pocket costs, such as gas, tolls, and parking.
Video-conferencing will not work for everyone. Some clients are uncomfortable with technology or lack access. In those cases, we need to make access arrangements to assist with access or for the client or to appear in person will need to be made.
As we move beyond COVID-19, it will be interesting to observe how Florida court’s will navigate virtual appearances versus physical appearances and whether they will factor commuting efficiency and cost-effectiveness in their decisions.
[i] Appendix II. Statewide Uniform Guidelines For Taxation Of Costs In Civil Actions
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Chelsea Miller currently serves as the Chair of the Sponsorship Committee, Co-Chair of the Children’s Issues Committee and is an active member of the Family Law Section’s Executive Counsel. In 2020, Chelsea received an Above & Beyond Award, an award for exceeding all expectations with tireless dedication and hard work to benefit the Family Law Section, and her continued involvement provides the Section with immeasurable benefits.
As chair of the Sponsorship Committee, Chelsea works diligently to solicit sponsors for the Family Law Section’s Continuing Legal Education Seminars, Section Meetings, Advocacy Workshops, Retreats and other programs. As Co-Chair of Children’s Issues, Chelsea also works closely with the Legislation Committee and Executive Counsel to ensure that children’s interests continue as a primary concern for the Section.
Chelsea obtained her undergraduate degree from USF and received her J.D. from Seton Hall University School of Law located in Newark, New Jersey. Chelsea is also actively involved in the Junior League of Indian River where she has served on their Board of Directors for the past four years, and currently serves as President during this 2020-2021 League year.
Chelsea strongly believes that becoming involved with the Family Law Section has provided her with the opportunity to work behind the scenes on all issues affecting Florida’s families. She additionally attributes effective resolution in some of her own cases to her involvement with the Section’s Committee meetings. The ability to communicate with other family law practitioners throughout the State at the meetings has provided immeasurable insight as to how other jurisdictions resolve issues she is presented with in her own practice. Chelsea has found that listening to the different points of view during meetings is a wonderful way to grow as a practitioner.
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We are so grateful to our Section sponsors! Thank you for your ongoing support of our members and mission.
If your business would like to reach nearly 4,000 Family Law professionals through our various communications platforms and in-person and virtual events, we invite you to consider Section sponsorship. To learn more about benefits and levels, email [email protected] or click HERE to learn more.
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If you have a topic of interest regarding Family Law and you'd like to submit an article for our monthly e-Newsletter, FAMSEG, or our quarterly publication, The Commentator, email [email protected] for more information. Thank you for your interest in contributing to our member publications! |
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