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Mark A Newell, President

January 2019 Volume XLVIII, Issue 1  In This Issue... Ann's Article......................Page 2 Ferrell's Farewell................Page 3 New Members....................Page 3 Lawyers In The News...........Page 4 Young Lawyers...................Page 4 SAVLP..............................Page 5 Women Lawyers.................Page 6 Significant Decisions...........Page 6 Announcements..................Page 7 Mobile Bar Foundation.....Page 8 & 9 Continuing Legal Education ..Page 10

2019 OFFICERS President - MARK A.NEWELL President Elect -GEORGE W. “SKIP” FINKBOHNER, III Vice President - CHARLES J. "CHARLIE" POTTS Secretary - MARY STONE Treasurer - CHARLES E. “CHIP” TAIT Assistant Treasurer - J. ROBERT "ROBBIE" TURNIPSEED Executive Director - ANN SIRMON Editor - FERRELL S. ANDERS

President's Message On April 12, 1869, thirty-two members of the Mobile Bar formally incorporated an association, making it the oldest incorporated bar association in the State of Alabama, and one of the oldest in the United States.  The purpose of the organization was to establish a law library, to increase professional learning, and to cultivate friendship among members of the Bar.  Today, the Mobile Bar Association (MBA) is one of the premier local bar associations in the country.  Any organization is only as strong as the people within that organization.  Our bar’s status is a lasting tribute to the members who have supported the organization over the years.  Perhaps most significant to the success of the MBA is the willingness of its members to get involved in different parts of the organization.  This keeps the members engaged and helps the organization stay fresh while maintaining the continuity necessary to sustain the Bar’s longevity. The continued involvement of old and new members is critical to the growth, advancement and success of our Bar. It takes all members to insure the long term success of any organization.  The MBA has been fortunate to have a long-standing history of talented and dedicated members, who we plan to celebrate and recognize throughout 2019. It is an honor to serve as the MBA’s President during this 150 th year of its existence.  The MBA still exists to enhance the knowledge, skill and professionalism of its lawyers.  To accomplish this, we make available to our members a monthly bulletin, 16 working committees, and 10 practice sections.  We provide information regarding recent developments in the law, successful litigation strategies, and information on new technology which helps our members compete in today’s ever changing and challenging environment. Our seminars include a mix of traditional topics, as well as “cutting edge” developments.  Our mentoring program matches new lawyers with seasoned attorneys for the purpose of guidance, and provides low cost or often no cost, much needed continuing legal education. To cultivate friendship among the members, the Bar hosts the Annual Bench and Bar Conference each December, monthly luncheons, young lawyers’ meetings, and other social events.  The Bar is committed to creating an inclusive and effective membership environment.  Diversity is an integral component of this commitment, as evidenced by the Bar’s Committee on Diversity and Inclusion. In our community, over half of the MBA’s members provide free legal services to those in need.  The MBA Foundation, the charitable arm of this organization, has distributed thousands of dollars to qualified organizations in South Alabama. The law day ceremony each year provides one of the most moving events a U.S. citizen can experience.  Many members have served in our local and state governments, as well as state and federal legislatures.  MBA member Jeff Sessions recently served as the highest ranking legal officer in the country. There is much to celebrate in 2019.  Please join us in participating throughout the year in our meetings, programs, social events, and most significantly, our 150 th Gala on March 28, 2019.

NOTICE OF JANUARY MEMBERSHIP LUNCHEON Friday, January 18th at 11:45 AM The Admiral Hotel OUR SPEAKERS ARE: CHIEF U.S. DISTRICT JUDGE | CHIEF U.S. BANKRUPTCY JUDGE PRESIDING CIRCUIT JUDGE AND PRESIDING DISTRICT JUDGE, 13 JUDICIAL CIRCUIT MOBILE COUNTY JUDGE OF PROBATE MBA GRIEVANCE COMMITTEE CHAIR If you park in the hotel garage, we will be able to comp your parking

Ann's Article

Happy New Year!  As you prepare for 2019, think of these keywords… purpose, planning and action. It’s important to write down your goals and then make a plan.  This gives your planning purpose which leads to action.  Since starting three months ago, these three keywords are good motivators as I get ready for 2019. As you prepare and plan for 2019, I ask that you have the Mobile Bar Association on your planning list for several action items.   Pay your membership dues Make sure your membership information is current Get involved with Mobile Bar Association Financially support the Mobile Bar Foundation In 2019, the Mobile Bar Association will celebrate its 150 th anniversary.  Our Bar is one of the oldest in the United States.  We are planning an event and several other activities to commemorate this historic occasion.  Additionally, we are working with Blue Cross Blue Shield to offer health and dental insurance to the membership.  We are still working through the details and look forward to sharing more about this exciting new member benefit soon.  As you can see, the Mobile Bar Association will have several new initiatives for 2019 and using our three keywords of purpose, planning and action will lead to success for the Mobile Bar Association and its membership for 2019.  Happy planning! Warmest wishes,

Listed below are members that are celebrating birthdays in January. Happy Birthday!

R. Bradley Adams Stephanie K. Alexander Porcha Simone Anthony Gordon Gray Armstrong, III Michael E. Ballard Vivian Sheffield Beckerle Keith M. Blackwood Weathers Preston Bolt Toby D. Brown Regina F. Cash Spiro Nicholas Cheriogotis Virginia G. Chouinard Robert E. Clute, Jr. Herman Finhold Cox Tyler L. Cox Joseph Randall Crane Duncan Reid Crow John T. Crowder, Jr. Charles Erwin Davis Ross M. Diamond, III Megan Hoggard Doggett Kristy Waldron Dugan Mark Pickett Eiland Richard William Franklin Nathan P. Friedlander Richard William Fuquay J. Marshall Gardner James Willis Garrett, III Matthew Stafford Green Carter Roberts Hale Kaylin Lee Hart Scott Ragsdale Hawk Joe Carl Jordan Spencer Harrison Larche Jonathan Michael Lieb Carol Carr Little Joe H. Little, Jr. Jonathan Brian Mabire E. Russell March, III Craig Dennis Martin Wiliam Kirkland Mattei E. L. McCafferty, III M. Vance McCrary Robert Ball McGinley, Jr. W. Christopher McGough James P. Meador, Jr. Edward A.R. Miller Brooks Pitman Milling Michael Andrew Montomgery Charles Zackery Moore William Austin Mulherin, III Clifford Thomas Nelson, Jr. James B. Newman Thomas M. O'Hara James Murrell Orr, Jr. John Robert Parker Wade B. Perry, Jr. Thomas S. Rue Harry V. Satterwhite Jonathan Joseph Benen Segarra Franklin Louis Shuford, Jr. Jack Smalley, III E. Glenn Smith, Jr. Britten Britt Steiner Norman M. Stockman Aloysius Edwin Stuardi, III Carroll H. Sullivan James W. Tarlton,III Martha Leach Thompson James Robert Turnipseed Ernest Eugene Warhurst, Jr. Leslie G. Weeks Thomas Marriott Wood Ricardo Andrew Woods George Michael Zoghby

SAVE THE DATE Mobile Bar Association 150 th Celebration Wednesday, March 28 th More information to follow soon SAVE THE DATE Tri the Gulf Saturday, October 19, 2019

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Ferrell's Fond Farewell

EDITOR: Ferrell S. Anders This edition of the Mobile Bar Association Bulletin (MBAB) is my last one as editor. After 41 years of practicing law, I retired from Anders, Boyett & Brady at the end of the year—the firm will continue to serve our clients and the name will remain the same. The MBA has asked Julia J. Shreve to assume this role beginning February 1, and I offer any assistance that she might need.  She worked with me on this edition, which, by the way, was produced by the MBA in-house in order to reduce the production costs of the Bulletin. My first edition as editor was January 1992, so it is fitting that January 2019 is my last. I looked at that first one, and Duane Graham was handling Significant Decisions when I started.  I don’t know when he undertook that task, but kudos are due him for his long and valuable service.  I especially thank the presidents for their insightful and provocative columns over the years. A lot of thought and effort have gone into those articles. The deadline for the next edition always came way too soon, especially considering all of the other deadlines we all face daily. Patricia“Tricia” Dueitt has been working for us since the August 2001 edition as our contractor and she has handled, compiled, and laid out each edition with very attractive and creative graphic design.  She has done an outstanding job for us.  She made my role as Editor an easy one along with Barbara Rhodes, before her recent retirement, Tammy Anderson, veterans Duane Graham, Sandy G. Robinson (who has passed the torch to Kristy Dugan), and all of the others who submitted pieces every month for publication in the Bulletin.   I have enjoyed serving the MBA in this way. I will miss that service and all of you. I wish you and the Association all the best this year and all that follow. Thank you for being an enriching highlight of my law career in Mobile.

NEW MEMBERS

The following lawyers were were admitted to the Mobile Bar Association, Friday, December 14, 2018.

Mary Anne Flippo Mobile County District Attorney's Office William A. Menas, II Daniel, Upton & Perry, P.C. Christopher "Blake" Vrieze Mobile County District Attorney's Office

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The Alabama State Bar’s Women’s Section presented the 2018 Susan Bevill Livingston Award to Kathy Miller during the Armbrecht Jackson LLP Open House, on Tuesday, November 27. Pictured here left to right is Broox Holmes with Armbrecht Jackson LLP, Kathy Miller and Elizabeth Smithart, President of the Alabama State Bar’s Women’s Section. BORN:   MBA member Jennifer Susman  and husband Peter welcomed daughter Lucy Anne Susman on November 27, 2018.  Lucy weighed 7 lbs., 10 oz. and joined big brother, Pete. BORN:  Also on November 27, 2018, MBA members  Taylor Johnson and  Russell Johnson welcomed daughter Margot Eleanor Johnson, 7 lbs., 13 oz.  She joins big brother, Rex. Mobile lawyer  Vaughan Drinkard was featured in a Mobile Press Register Article describing his Cornerstone Garden, consisting of beautiful Japanese and British gardens.   Drinkard tends 60,000 bees, 30 koi and 200 camellias, among other features. The gardens were originally intended as a meditation spot for the ministry, but have recently been opened to the public.     DIED: Jayne Sims Chiepalich, mother of MBA member  C.S. “Chip” Chiepalich , died on November 24, 2018 after a brief illness.  She was a life-long resident of Mobile and is survived by her two sons and four grandchildren.   DIED: MBA Member  Jack Wayne Morgan died on November 21, 2017 (date confirmed).  He was licensed to practice law in 1962 and spent three years on active duty as a member of the U.S. Air Force judge advocate general corps.  Shortly thereafter he moved to Mobile where he enjoyed many successful years in private practice.  Jack was preceded in death by his wife and is survived by his son and two grandchildren.

YOUNG LAWYERS Weathers Bolt, President

We are excited for another great year with the Young Lawyers section of the Mobile Bar Association. The January meeting will be hosted by PRO LEGAL on January 24, 2019, at a location to be determined soon. We will send an e-mail confirming the location in the coming weeks and look forward to seeing everyone at the meeting. If you are not on the Young Lawyers e-mail list and would like to be, or if you have any questions, concerns, or comments, please e-mail me ( [email protected] ) or our Vice President Catherine Spann ( [email protected] ).

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Dr. Charles Demeranville accepts award on behalf of his daughter with Executive Director Ariana Moore, and Board President Luke Coley at the December Mobile Bar Association Lunch.

Page Ellis accepts award at 2018 Bench and Bar Meeting.

by Dru Lauren, Managing Attorney The South Alabama Volunteer Lawyers Program recognized the achievements of two remarkable attorneys in December. The Ben Kilborn Mobile Bar Association Lawyer of the Year Award was presented posthumously to Margaret “Meg” Demeranville. Meg was a long-term SAVLP Board Member whose exceptional service to her clients, community, and profession long will be remembered. The SAVLP Board of Directors also elected to rename the award presented annually at the Bench and Bar Conference in Meg’s honor. The Margaret F. Demeranville Award recognized a lawyer whose pro bono service reflects the commitment to equal justice that Meg’s life exemplified. SAVLP presented this award to Page Ellis, whose dedication to service, willingness to lend a hand, and commitment to the principle of access to justice for all people inspire us all. Please join us in welcoming our seven new board members to our Board of Directors. Each individual brings valuable experience and expertise, as well as a passion for our community:  Ron Andress, Hart Benton, Annette Carwie, Johnathan Friedlander, Cliff Nelson, Christine Segarra,and Jason Smith.  Upcoming Events:  January 10th from 1-3pm, Limited Legal Advice Clinic at Mobile County Courthouse, 4thfloor  January 25th from 8am -2pm, Project Homeless Connect at The Grounds in West Mobile January 31st from 1-3pm, Will Clinic at Prodisee Pantry, Spanish Fort February 12th from 1-3pm Will Clinic at Washington County Public Library, Chatom  Email Pro Bono Manager Dru Lauren Bishop at  [email protected] to sign up. SAVLP Survey SAVLP emailed a survey on December 13th. Please take a few minutes to respond. If you complete the short survey you will be entered to win a pair of tickets for our upcoming Spring into Wine + Art fundraiser. The event will be held on May 5 th at the American Legion in Fairhope.  Not on our volunteer attorney panel? Registration information is available on our website: www.savlp.org/register.

THANK YOU to the attorneys list below, who opened or closed cases in November, 2018:

Mary A Barnes  Billy C Bedsole  Wesley H Blacksher  Michael E Box  Douglas L Brown  Paul D Brown  C. S.  Chiepalich  Robert E Clute Jr. F. Luke  Coley Jr. Edwin J Curran Jr. Lisa B Deen  Douglas K Dunning  Josh D Friedman  George C Gaston  Christine  Hernandez  R. Scott  Hetrick  Broox G Holmes  David A Horton  Stephen T Hughes  Willie J Huntley Jr. Herndon  Inge III Gilbert B Laden  James  Loris Jr. E. Russell  March III Marcus E McCrory  Matthew C McDonald  S. C.  Middlebrooks  Lynn C Miller  John M O'Dowd Jr. Mary E Pilcher  Jean M Powers  Gregory A Ramos Jr. James  Rebarchak  James E Robertson  Ian D Rosenthal  Steven P Savarese Jr. Clifford C Sharpe  Caitlin E Smitherman  Hendrik  Snow  James A Steadman  T. Jeff  Stein  William W Watts III Michael A Wing  Thomas M Wood  Michael S Yeager

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By Kristy Dugan, Immediate Past President On December 7 th , as part of the MBA’s Bench & Bar Conference, MBAWL hosted Morning Mimosas and a panel discussion, Women in Contested Elections . We were fortunate to feature: Supreme Court Justice Sarah Stewart, Mobile County Circuit Court Judge Brandy Hambright, and political consultant Stephanie Alexander. The panel was deftly moderated by Danielle Mashburn-Myrick of Phelps Dunbar. Each of these accomplished women shared their perspectives on the campaign and election processes and offered advice to would-be office seekers. A good time and lively discussion was had by all. Thank you to our distinguished panelists and guests!

In a case strongly affirming the abatement principle recognized in Ala. Code § 6-5-440, the Supreme Court in  Ex parte Skelton, No. 1160641 (Ala., October 26, 2018), issued a writ of mandamus directing a circuit court in an action pending to compel termination of a trust in light of the fact that other interested parties had previously filed in the probate court an action to appoint a successor trustee to direct the termination of the trust.                                                                                                                                                          In a case of first impression, the Supreme Court in  Ex parte G.L.C. , No. 1170813 (Ala., October 26, 2018), held that a notice of appeal should be “deemed” timely filed when the evidence indicated that the appellant appeared in the appropriate clerk’s office with a signed notice of appeal on the last day of filing but the clerk refused to file because she thought it was supposed to be filed with another court.  The notice of appeal was in fact physically filed the next day after the confusion was resolved. In  Campbell v. J.R.C.,  No. 1170385 (Ala., October 19, 2018), the Supreme Court held that when the husband of a woman to whom children were born persisted in holding them out as being his children through the date of his death, no one had standing under Alabama Uniform Parentage Act, Ala. Code §§ 26-17-101, et seq. , to challenge the presumption that the children were the decedent’s children.  Thus, the children were found to be the decedent’s heirs over the claims of the decedent’s mother, who alleged that her son was not the biological father of the children. In another case of first impression, the Supreme Court in  Ex parte Phillips,  No. 1160403 (Ala., October 16, 2018), held that the criminal defendant could be convicted of two counts of capital murder for the killing of his wife and unborn child despite argument that defendant only intended to kill wife.

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ANNOUNCEMENTS

Get your 2018 Tri the Gulf T-Shirts while they last!    – They are $5 each- first come, first serve and available to purchase at the Bar Headquarters. Checks payable to the Mobile Bar Foundation.  Remaining sizes left:  Medium, large and extra-large Also, we have Tri the Gulf tall tumblers for sale.   They are $5 each – first come, first serve and available to purchase at the Bar Headquarters.  Checks payable to the Mobile Bar Foundation. The Mobile County Judicial Commission has set January 18, 2019 at 12:00 PM as the deadline for submission of names for consideration for District Court Judge, Place Two, currently held by Judge Jill P. Phillips, of the district Court of Mobile County.  The position will be vacated as a result of the appointment of District Court Judge Jill P. Phillips to Place Seven in the Circuit Court of Mobile County, effective January 15, 2019.  Submission applications may be obtained from Mrs. Nancy Coward, Court Administrator, Rom 858, Mobile Government Plaza.  Completed application must be submitted to Nancy Coward, 205 Government Plaza, Suite 858, Mobile, Alabama 36644 by the deadline, January 18, 2019 at 12:00 PM. Investiture Ceremony for Wes Pipes is scheduled for January 4, 2019 at 10:30 AM.  It will be held in Government Plaza Ceremonial Courtroom.  Reception to follow. There will be a Retirement Party honoring Judge Robert Smith on January 14, 2019 at 11:00 AM.  It will be held in Government Plaza Ceremonial Courtroom. Investiture Ceremony for Brandy Hambright is scheduled for January 16, 2019 at 11:00 AM.  It will be held in Government Plaza Ceremonial Courtroom.  Reception to follow. Maynard Cooper & Gale is pleased to announce that  Raymond L. Bell, Jr. has joined the Firm as a Shareholder in the Government Solutions Practice Group of the Corporate Section.  Bell will practice out of both the Mobile and Montgomery offices. Drawing on 25 years of government relations experience,  Bell counsels both public and private sector clients across a wide spectrum of industries and is uniquely positioned to work with elected and appointed officials and regulatory and policy personnel within local, state and federal government. He served as a former chair, vice-chair and member of the State of Alabama Ethics Commission.   Bell serves as a Special District Court Judge for Alabama’s Thirteenth Judicial Circuit, a role he’s performed when needed for more than a decade. DOWNTOWN OFFICE SPACE AVAILABLE:   209 N. Joachim Street in historic DeTonti Square.  Available: one large office.  Within walking distance of federal courts.  Amenities: Receptionist, VOIP telephone, internet, WIFI, email, fax machine, large color copier/scanner, onsite parking, lobby, conference room and kitchen. Contact  MARY MIDDLETON ( [email protected] ) or EVANS CROWE ( [email protected] ) at 431-6011.   DOWNTOWN OFFICE SPACE COMING AVAILABLE:  456 Conti Street, Mobile, AL 36602.  Available: One large office Room. Within walking distance of federal courts.  Amenities: Receptionist, Polycom telephone, Internet, WIFI, Email, large color copier/scanner, street parking, lobby, and kitchen. Contact:  James M. Byrd  via phone 251-438-2973 . OFFICE SPACE AVAILABLE CLOSE TO DOWNTOWN.  Professional office space with all modern amenities and free parking at 1325 Dauphin Street. If interested, call  Mechele at  251-432-8120 . OFFICE SPACE AVAILABLE:   507 Church Street, Mobile, AL 36602 Available:  Two office suite for lease.  It is a short walking distance to the court house and has on and off street parking. Contact:   Brian Booker via phone at  251-643-1718 .

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MOBILE BAR FOUNDATION

The Mobile Bar Foundation recently awarded grants totaling $75,000 to area agencies.  The grants were given out at the recent Mobile Bar Association Membership Luncheon held on Friday, December 14, 2018 at The Admiral Hotel.  Additionally, the Foundation made a donation to the Mobile County Sheriff’s Flotilla, Mobile County Sheriff’s Foundation and Town of Dauphin Island for all their support with the Tri-the-Gulf triathlon.  The grant allocations are made possible through donations and funds raised through its largest fundraiser Tri-the-Gulf.

Mobile Bar Foundation President Bryan Comer explaining the agency granting process.

Matt Armbruster accepts grant for Ransom Ministries from President Elect Mark Newell.

Darla Dean accepts grant for South Alabama Regional Planning Commission from Elect President Mark Newell.

Donna Ames accepts grant for Adoption Rocks from President Elect Mark Newell.

Aimee Riser and Carlos Williams accepts grant for Big Brothers Big Sisters of Southwest Alabama from President Elect Mark Newell.

Betha Boatman accepts grant for Assistance League of Mobile from President Elect Mark Newell.

Andy Wynne accepts grant for Child Advocacy Center.

Charlotte Tipton accepts grant for Legal Services of Alabama.

Jerri Stroud and Megan Comer accepts grant for Dwell Mobile.

CASE FOR KIDS The Mobile Bar Association's Public Service Committee has donated and delivered 86 pieces of luggage to DHR for children being placed into foster care. Pictured here is MBA Public Service Committee Chair Melissa L. King with a social worker and Assistant Director of Foster Care for DHR. Thank you for all your support of the Case for Kids initative. Also, a special thank you to the Mobile Bar Foundation for donating suitcases to the project too.

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MOBILE BAR FOUNDATION

Please consider making a tax deductible donation to the Mobile Bar Foundation: Name: ____________________________________________________________________________________ Address: __________________________________________________________________________________ Phone: _______________________________________ E-Mail: _____________________________________ YES, I want to make a donation to the Mobile Bar Foundation - In honor/memory of: ______________________________________________________________________ Acknowledgement sent to: Name ____________________________________________________________________________________ Address: __________________________________________________________________________________ YES, I want to become a member of the Mobile Bar Foundation - __ Life member ($5000, can be paid in up to 5 annual installments __ Sustaining Member ($100 or more annually) __ Regular Member ($50 - $99 annually) __ Member of MBA practicing 5 years or less ($25 - $99) __ I would like more information on including the Foundation in my estate planning I donate my gift of: $__________ Check: __________ (Please make checks payable to the Mobile Bar Foundation) Credit Card: Visa/Mastercard# __________________________________________________________________ Signature: _________________________________________________ Exp: _____________________________ Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652

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MOBILE BAR ASSOCIATION Upcoming Continuing Legal Education Opportunities

Federal Law Practice Friday, January 18, 2019 1:30 – 4:45 PM  |  3.0 hours of CLE available credits The Admiral Hotel 251 Government Street  |  Mobile, Alabama 36602 If you park in the hotel garage, we will be able to comp your parking. Mobile Bar Worker’s Compensation Section Lunch and Learn Monday, January 28, 2019 12:00 PM – 1:00 PM | 1.0 CLE available credits The Athelstan Club 170 St. Francis Street | Mobile, AL 36602

CALENDAR OF EVENTS

Thursday - January 10 Executive Committee Meeting  The Athelstan Club Tuesday - January 15 MBA Bulletin Articles Due Friday - January 18 Membership Luncheon The Admiral Hotel Friday - January 18 Federal Law CLE Update The Admiral Hotel Thursday - January 24 Grievance Committee Meeting The Athelstan Club Monday - January 28 Worker’s Compensation Section Lunch and Learn The Athelstan Club

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Mobile Bar Association | 251-433-9790 | mobilebarassociation.com

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