|Edited by Nancy Jones-Gaglio |
|NEW FLORIDA BAR MEMBERS Congratulations to all the new Florida Bar members! The Bay County Bar Association welcomes you. There will be a swearing in for all new Bay County attorneys at the BCBA meeting, October 9, 2006, 12:00p.m. at the Bay County Chamber of Commerce 235 west 5th Street.. Please join us. Chief Judge William Wright will be presiding for the occasion. Anyone already sworn, but recently admitted is also encouraged to join us. There will be certificates presented to all new attorneys who attend. The BCBA is offering all new attorneys a free membership in the BCBA for your first year. All members are encouraged to attend to help welcome our new lawyers. Please RSVP to Elizabeth Whitehead, BCBA President at email address: email@example.com or fax:215-6238. 2006-2007
BCBA OFFICERS Congratulations to the new officers:
? PRESIDENT: ELIZABETH WHITEHEAD
? VICE PRESIDENT: JOHN GREEN
? SECRETARY/TREASURER: RUSTY SHEPPARD
The Bar is looking for new members, please invite an attorney not already a member to join you at the next meeting, October 9th, 2006, 12:00p.m. at the Chamber of Commerce building 235 West 5th Street. Beginning November 1, 2006 monthly meetings will be held on the first Wednesday of every month, at noon, at Chamber of Commerce building until further notice. Please mark your calendars and plan to attend. Also, just a reminder, annual dues of $45.00 are now due, so get your money to Rusty Sheppard .
THE PRESIDENT’S CORNER
HELLO EVRYONE! It is a new year for the Bay County Bar Association! I am pleased to announce that we have a relatively full calendar. We will once again have monthly meetings. Our meetings are scheduled for the first Wednesday of each month at the Bay County Chamber of Commerce. The meetings will be held at noon and our choices of meals will vary- watch your e-mail. We are honored that Judge Wright has agreed to attend our October 9th meeting- and yes, this time it is on a Monday- to swear in those newly admitted members of the bar. We will honor all of our new members with free membership and membership certificates. We need volunteers to help with the Oyster Shuck, Christmas Party, and other events as well as the newsletter and website. We are collecting Christmas ornaments for the Children’s Advocacy Center at the Christmas Party. We are also seeking donations for a Christmas tree on which to hang the ornaments. Your bar association is communicating with the Florida Bar about becoming a host of video-replays for Florida Bar CLEs. Tallahassee and Pensacola are the closest hosts in our region. While it is nice to get out of the office, it is not an easy drive at 5:00AM. Your bar is also working on other CLE options. We need your help! While we have a lot planned, we need your help to make it all happen. Elizabeth
MOVERS AND SHAKERS There have been quite a few moves recently. Here are some new addresses and contact information to update your rolodex with: • Elizabeth Whitehead: She is now sharing space with Susan Carroll at 304 Harrison Ave., Panama City, 32401 tel:215-6228 • Rusty Sheppard and Jim Appleman, Appleman & Sheppard, P.A. have moved in town to 346 Magnolia Ave., Panama City, 32401, P.O. Box 880, 32402 Tel: 230-5550 (Emily Dowdy’s old office) • Emily Dowdy has relocated . • Ali Adhal’s new office is 475 Harrison Ave., Suite 202B, Panama City, 32401 (Elizabeth’s old office location). • Jean Marie Downing’s new digs: Downing Law Offices, P.A., is 2211 Thomas Drive. Panama City Beach, 32408, Tel:249-5950
KUDOS TO OUR NEW JUDGES!!!!!!! ACCOLADES ARE IN ORDER TO OUR NEW CIRCUIT AND COUNTY COURT JUDGES, JUDGE SMILEY AND SHANE VANN. INVESTITURES ARE UPCOMING. Remember new Judges, as Shakespear wrote: “The quality of mercy is not strain’d—It droppeth as the gentle rain from the heaven Upon the place beneath: it is twice blest,--It blesseth him that gives, and him that takes: ‘Tis mightiest in the mightiest: it becomes The throned monarch better than his crown; His scepter shows the force of temporal power, The attribute to awe and majesty, Wherein doth sit the dread and fear of kings; But mercy is above this sceptred sway,--It is enthroned in the hearts of kings, It is an attribute to God himself; And earthly power then doth show likest God’s When mercy seasons justice.”
If the First District Court of Appeals never overturned any local decisions we wouldn’t have an appellate body of law, but we do, so here is one civil and one criminal case where the local decisions were overturned on appeal:
Magnum Capital, LLC v. Carter and Associates, LLC, 905 So. 2d 220, (1st DCA, 2005): Essentially this case turned on whether letters exchanged between the parties attached as supporting documents to an amended complaint did or did not support a cause of action for breach of contract. The local court found that the letters did not rise to the level necessary to establish the cause of action for a breach of contract. The issue in this appeal was a sale of Bay Point Resort, Marina, restaurant, and other properties and a 45 million dollar sale price. The First DCA found that the letter stating “we accept” the counter-offer to have provided sufficient information to support the cause of action for breach of contract and the case was remanded back to the local court.
ROUSSEAU V. State of Florida, 902 So. 2d 880, (1st DCA, 2005): Defendant appealed a sentence as a habitual offender. Defendant was sentenced as a habitual offender when the offenses all arose from a single crime episode. Quoting from State v. Hill, 660 So. 2d 1384, FLA, 1985. the First DCA echoed the Supreme Court of Florida that Hale v. State, 630 So. 2d 521 (Fla, 1993) stood for the proposition that under all circumstances the imposition of consecutive sentences for crimes arising from a single criminal episode for habitual felony or habitual violent felony offender were precluded. Has your law firm been successful in an appeal? Report it to us and we will report it here!
COMING ATTRACTIONS: The BCBA is in need of volunteers to take over and/or help with the annual oyster schuck. Please contact Elizabeth if you can help out. The annual Christmas party is in the planning stages. Steve Lasota is in charge of Race Judicata. Anyone interested in getting involved contact Steve. The Lady Lawyers lunch For any of you women that haven’t heard, there is an informal group of lady lawyers that lunch the third Thursday of every month. The next lunch is scheduled on October 19th, 11:45 a.m. at Ferrucci’s. Email Briget Groom at firstname.lastname@example.org if you’d like to be placed on the email distribution list for notifications. News Letter Any news, info, updates, or comments are welcome! If you have any contributions, please email to :Nancy Jones Gaglio , at email@example.com O