Come for a magical time with your colleagues, friends, and family as the Section enjoys its in-state retreat at Disney’s Yacht & Beach Club Resorts.

Included in the cost of event reservation: Welcome reception, breakfast on Friday and Saturday, CLE, painting class experience, dinner buffet with Ariel, family movie night, family game time with snacks, welcome gift, and game prizes.

Hotel rooms are going quickly, so reserve yours today! (And, we have a special theme park ticket deal just for attendees!)

✅ Tuesday, March 19, 12 p.m. - 1 p.m. EST: Webinar - Evolving Technology in the Legal World

This presentation is designed for legal professionals who are keen on understanding the transformative influence of technology on the legal landscape. Whether you are an advocate for the rapid adoption of legal tech or a skeptic cautious about its implications, this session offers valuable insights for all. Attendees will gain a comprehensive understanding of the evolving legal tech ecosystem, enabling them to make informed decisions, embrace innovations responsibly, and contribute to shaping the future of the legal profession. The presentation is moderated by Stacey Cohen, Esq., Fort Lauderdale and presented by Daniel Whitehouse, Esq., Orlando. Registration is HERE.



UPCOMING FAMILY LAW/OSCA REGIONAL TRAINING WORKSHOPS

The purpose of the workshops is to create and sustain a partnership between the local court, local practitioners, and psychological and local resources to create trauma-informed family courts in each circuit. The target audience will include judges and magistrates who hear domestic relations cases, family law attorneys, and court staff. The goal of the event is to better serve Florida’s families and future by cultivating trauma-informed and trauma-responsive domestic relations courts. This interactive workshop will address the impact of toxic stress, adverse childhood experiences, resiliency, self-care technology, and guiding principles for family courts.

✅ FORT WALTON BEACH: Monday, March 25, 8:30 a.m. - 5:00 p.m. EST. Registration is HERE.

✅ TALLAHASSEE: Wednesday, March 27, 8:30 a.m. - 5:00 p.m. EST. Registration is HERE.

What was the “theme” for your year and why? The theme for my year was Building Relationships. I selected this theme because relationships - both personal and professional – are at the heart of our core essence so I wanted the Section to focus on that aspect of our lives during my year as Chair. Relationships are the nexus between our clients, opposing counsel and ourselves, as well as the bench and appropriate relationships enhance professionalism. One of my concerns was the fact that we as family law attorneys often do not seem to be valued within our own profession by other practice areas who may not view us as “trial lawyers” when, in fact, we have trial skill, but also have to master other knowledge areas that our practice requires us to utilize in our day to day practice, for example, psychology, real estate, probate, taxation, etc. Observation and history lead me to believe that family law attorneys provide more pro bono services to the citizens of Florida than any of our other legal brethren in different practice areas.  Moreover, almost every family law attorney I know participates as a volunteer with other fraternal or service organizations.  That is the reason I created the Alberto Romero award that is given by the Section annually to recognize and publicize a member who gives back to his or her community.  I am gratified that over the years subsequent Section leadership has retained public relations firms to publicize our efforts as a Section and individually in an effort to enhance our public image and build a better relationship with the public. 

What does the Section mean to you?   In a nutshell – everything. It has given me the opportunity to assist in writing new legislation and rules that impact the practice of family law in this State. It has made me a better attorney and, I hope, a better General Magistrate. It has afforded me the privilege of meeting many attorneys and judiciary throughout this State I would not have otherwise met. Most importantly I count within my circle of close friends some of the brightest, funniest, kind and loyal people I have met through my involvement with the Section.

Where do you see the Section in the next 50 years?  I see the Section continuing its stated dual mission of “Serving Florida’s Families” and “Promoting Professionalism.” In the past the Section has initiated legislative changes involving equitable distribution, alimony, time-sharing, child support and paternity that other States have copied. If imitation is a measure of flattery the hard work of the Section has borne fruit and benefitted the citizens of other States as well as Florida. I envision that the Section will continue to serve as a bulwark promoting helpful and opposing detrimental legislation to Florida’s families; supporting the continued separation of powers and the independence of Florida’s judiciary within the framework of that separation; protecting the members of the legal profession; and otherwise providing the best educational opportunities to Florida family law attorneys and their paralegals through our C.L.E.s, scholarships and mentoring programs.

How have you seen the Section change in the past 50 years?   I am gratified to say that one of the most significant changes has been the expansion and diversity of our membership from what it was when I first became involved in the Section.   There are more women and practitioners from diverse backgrounds within both the Section and its Executive Council and are now more representative of the people we serve.  Is there room for improvement? Certainly, but we have come a long way.  Another significant change has been the technology.  Computers and the internet transformed our practices and the Court system from being paper driven to paper less. The COVID19 pandemic resulted in the initiation and expansion of remote access for hearings/trials via the miracle of Zoom. Technology has enhanced our professional and personal lives.  As for the future, we should all have concerns about how artificial intelligence (A.I.) will be impacting the practice of law and genuineness of evidence which can so readily be manipulated by A.I.

How has the Section stayed the same in the last 50 years?  It continues to place the interests of children and Florida’s families first.  Our members continue to give thousands of hours of volunteer time to teaching, writing, mentoring, and service to Section committees with vigor and passion.

How has your participation in the Section changed the way you practice law?   As a General Magistrate I no longer practice law as an attorney. However, networking with attorneys through the Section has kept me “grounded” and sensitive to the pressures and needs of attorneys who practice family law.

What is the funniest memory you have from your Section involvement?   There are so many but in all candor many would require censorship so I cannot further answer this question.

Share a favorite memory from one of the retreats from your year? I don’t have a single favorite memory from my out-of-state retreat in Napa Valley, California but have a cluster of favorite memories that I cherish. The educational program in Napa Valley addressed substance abuse and Dr. Deborah Day contributed greatly to the program’s success. From the destination hotel Villagio in Yountville, the welcome cocktail party where my friend Douglas Greenbaum submitted to a breathalyzer test to set up the educational theme of the retreat; the mountain top luncheon at the Kuleto Estate Vineyard; the tour and tasting the fabulous petite syrah at the funky Quixote Winery; the private tasting at Chateau Montelena (the vineyard that the movie Bottleshock is based upon); air ballooning from Chateau Domaine; and finally mixing our own wine at Castello Di Amorosa.

By: Sarah Sullivan, Esq.

As we celebrate Women’s History Month in March, may we lift up the voice first carried by Sojourner Truth. 

Truth was born to enslaved parents in 1797 and herself was sold into slavery at age 9 in the State of New York. She was sold two more times, forced to marry an enslaved man also owned by John Dumont, and ultimately bore five children. When Dumont refused to free Truth as he had promised, she fled with her youngest child to a family that took her and her daughter in as free people. She had to leave her four other children with the Dumont family. 

The abolition of slavery began in New York in 1799 but did not emancipate any living slaves. An 1817 law to emancipate slaves took effect in phases with the emancipation of ALL slaves to be realized by Emancipation Day, July 4, 1827. All children born after 1799 to enslaved mothers were born free but indentured to the mother’s owners until the children reached age 25. John Dumont sold Truth’s 5-year-old son, Peter, to a slaveowner in Alabama. The 1799 law made Dumont’s sale of Peter to the slaveholder in Alabama unlawful. 

Sojourner Truth sued to get her son returned to her. She filed a Writ of Habeas Corpus in the Ulster County Court citing the law making it unlawful to sell a New York slave out-of-state, if such a sale denied the individual the benefits of the law. 

Sojourner Truth won the case in 1828, the year after the official Emancipation Day. As anti-slavery/abolitionist laws were passed all over the country, other similar cases were brought and won, freeing enslaved and indentured children and returning them to their families. Sojourner Truth is best known for her speeches and preaching before, during, and after the Civil War. 

She was a staunch advocate for abolitionism and women’s rights. Her most famous speech is called, “Ain’t I A Woman,” delivered at the Ohio Women's Rights Convention in 1851.  

By: Cash A. Eaton, Esq.

Haskell v. PCP Group, LLC, 2024 WL 646544 (Fla. 2d DCA 2024).

This month’s case law update takes us to the Second DCA. As a personal aside, I truly admire the Second DCA’s mastery of contract interpretation in family law casts. If you need proof, look no further than Famiglio v. Famiglio, 279 So. 3d 736 (Fla. 2d DCA 2019). However, the contract at issue is not typical, as the Haskell case involved the interpretation of an LLC operating agreement.

In Haskell, the Former Wife as part of her equitable distribution award in the original divorce received half of the Former Husband’s ownership interest in PCP Group, LLC (“PCP”). The Former Husband was PCP’s manager and, at the time of the dissolution, had an ownership interest. The trial court, presiding over the dissolution action, determined that the Former Husband’s ownership interest should be divided equally, but she also found that it was impossible to accurately value. For that reason, the judge declared that the Former Wife would “hereafter” be the owner of half of the Former Husband’s interest and ordered the Former Husband to immediately transfer his interest.

Instead of transferring the interest, the Former Husband attempted to sell his interest to another owner of PCP. The Former Wife challenged the potential sale by moving to enforce the dissolution judgment. In defense of the sale, the Former Husband relied on a provision of PCP's operating agreement. The trial court rejected the Former Husband’s position, found that the transfer was invalid, and set aside the sale.

Subsequently, PCP moved forward with a declaratory action relying on the same provision of the operating agreement. Both parties filed motions for summary judgment. The subject operating agreement stated,

“9.3.1 Deemed Offers to Sell. Notwithstanding anything in this Agreement to the contrary, a Member shall be deemed to have made an Offer to Sell ..., and the Company and the Non-Selling Class A Members shall have the right to purchase ..., all of such Member's Units upon the occurrence of any of the following events (provided, however, any Transfer permitted under Section 9.1 of this Agreement shall not be a deemed Offer to Sell under this Section 9.3), of which such Member ... must give prompt written notice to the Company and the Non-Selling Class A Members:

....

(e) Divorce. The attempt by a Member or his or her spouse ... to Transfer any Units ... pursuant to any court order issued or court ordered property settlement agreement entered into in connection with, a suit for dissolution of marriage, legal separation or any similar status.

PCP argued that because the Former Wife received her shares pursuant to the final judgment of dissolution the Deemed Offers to Sell provision triggered and the Former Wife was required to sell her shares. Ultimately, the Appellate Court held that PCP’s interpretation of its own agreement was not supported by the plain language. The Deemed Offers to Sell provision only applies when an owner attempts to transfer units, not after ownership is transferred. Basically, PCP was too late to enact that provision of the Operating Agreement because the ownership had already been transferred, as the trial court transferred it immediately upon entry of the final judgment. Therefore, the trial court overturned the ruling in favor of PCP at the summary judgment hearing.

Contractual language matters, and Appellate Courts employ a strict interpretation of contractual language. Famiglio is a perfect example of how strictly interpret contractual language.

By: Elizabeth L. Hapner, Esq.

Since Microsoft Word is the word processing standard in the legal profession, frustrations with it abound. Fortunately, many of the issues can be avoided. Here are some quick tips:

• Rather than toggling between various ribbons, add the buttons you use most often to your Quick Access toolbar by simply right clicking on the button and selecting “Add to Quick Access Toolbar”.

• Prevent your font from randomly changing in the middle of a document by changing your default font. Every document has a default font. If you want to change it, go to the Home ribbon. Then click on the Font group choices, click to launch it with the little arrow in the bottom right of the group and set the font and font size you prefer. Click “Set as Default” in the bottom right corner and select either “This document only” or “all documents based on the Normal template”. 

• Particularly when you have copied a document or portions thereof, you can get strange formatting. To get rid of it, simply select the text that is a problem, go to the Home ribbon, then click on the “Clear All Formatting” button within the Font group. Then you can reformat as you choose.

• One of my former pet peeves is the © when you want a subsection “c”. To get rid of this, go to the File menu, click on Options, then click on Proofing on the left side. At the top right, then click on “auto Correct Options”. Under the Auto Correct tab, choose “Replace text as you type” and select (c). Click on the delete button. You can do this for any automatic replacement you desire to delete.

Want to submit an article for our monthly FAMSEG e-news, or our quarterly magazine, The Commentator? We can always use Tech Tips, Case Law Updates, and other relevant family law-related news for our 4,000+ members. Just email publications@familylawfla.org for more information. Thank you for your interest in contributing to our member publications!

Did you know that our Section Sponsorship has grown over the years? We have received 8 times the number of sponsorships that we had 7 years ago! Thank you to all of our past and current sponsors for supporting the mission of the Family Law Section! To learn more about getting involved, click HERE.