IN THE SUPREME COURT OF FLORIDA CASE NO. SC

Transcription

1 Filing # Electronically Filed 11/03/ :47:28 PM RECEIVED, 11/3/ :48:45, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC IN RE: STANDING COMMITTEE ON THE UNLICENSED PRACTICE OF LAW'S PROPOSED ADVISORY OPINION #2014-3, SCHARRER V. FUNDAMENTAL ADMINISTRATIVE SERVICES SUPPLEMENTAL APPENDIX TO REPLY BRIEF IN OPPOSITION TO UNAUTHORIZED PRACTICE OF LAW COMMITTEE PROPOSED FORMAL ADVISORY OPINION # KATHERINE E. GIDDINGS, B.C.S. (949396) KRISTEN M. FIORE (25766) katherine.giddings@akerman.corn kristen.fiore@akerman.com elisamiller@akerman.com michele.rowe@akerman.corn Akerman LLP 106 East College Avenue, Suite 1200 Tallahassee, Florida Telephone: (850) Telecopier: (850) JOSEPH A. CORSMEIER (492582) jcorsmeier@jac-law.com Law Office of Joseph A. Corsmeier PA 2454 N. McMullen Booth Road Suite 431 Clearwater, FL Telephone: (727) Telecopier: (727) GERALD B. COPE, JR. (251364) gerald.cope@akerman. corn vanessa.berman@akerman.corn Akerman LLP One SE Third Avenue, Suite 2500 Miami, Florida Telephone: (305) Telecopier: (305) CHRISTOPHER B. HOPKINS (116122) christopher.hopkins@akerman.corn barbara.thomas@akerman.corn Akerman LLP 777 S. Flagler Dr., 11 th Floor, West Tower West Palm Beach, FL Telephone: (561) Telecopier: (561) Attorneys for Fundamental Administrative Services, LLC ( ;1)

2 PETER A. CONTRERAS (55556) Brunner Quinn 35 N. Fourth Street, Suite 200 Columbus, Ohio Telephone: (614) Telecopier: (614) Attorney for Christine Zack { ;1) 2

3 INDEX TO SUPPLEMENTAL APPENDIX TO REPLY BRIEF IN OPPOSITION TO UNAUTHORIZED PRACTICE OF LAW COMMITTEE PROPOSED FORMAL ADVISORY OPINION # Transcript of Florida Bar Standing Committee Proceedings Held on 6/27/14.. Tab 1 { ;1} 3

4 TAB 1

5 THE FLORIDA BAR STANDING COMMITTEE ON UNLICENSED PRACTICE OF LAW BETH ANN SCHARRER, as Chapter 7 Trustee for the Bankruptcy Estate of Fundamental Long Term Care, Inc.; and TRANS HEALTH MANAGEMENT, INC., v. Petitioners, FUNDAMENTAL ADMINISTRATIVE SERVICES, LLC; and CHRISTINE ZACK, Respondents Transcript of proceedings on Friday, June 27, 2014, beginning at 10:30 a.m., at the Gaylord Palms Hotel and Convention Center, 6000 West Osceola Parkway, Sarasota #3, Kissimmee, Florida, before Lisa McCormack, RMR, and Notary Public, State of Florida at Large, by stenographic means

6 2 1 FLORIDA BAR STANDING COMMITTEE MEMBERS: 2 CARSANDRA DENYCE BUIE, Chair-Sanford 3 C.C. ABBOTT, Vice Chair, Attorney-Ft. Meyers 4 LORI S. HOLCOMB, UPL Counsel-Tallahassee 5 JEFFREY T. PICKER, Assistant UPL Counsel-Tallahassee 6 A. RENEE POBJECKY, Attorney-Winter Haven 7 DWAYNE LAMONT DICKERSON, Attorney-Boca Raton 8 JERRY R. HALL, Public member-leesburg 9 RONALD J. LEBIO, Public Member-Ocala 10 SHARON B. MIDDLETON, Public Member-Jacksonville 11 NANCY A. MURPHY, Public Member-Tallahassee 12 DAVID B. NORRIS, Attorney-North Palm Beach 13 ROSANNA M. SCHACHTELE, Paralegal-West Palm Beach 14 MARTIN JAY SPERRY, Attorney-Plantation 15 OSCAR SYGER, Attorney-Pembroke Pines 16 GARY VAN DER LAAN, Public Member-Merritt Island 17 BARBARA P. BURKE, Attorney-Maitland 18 KELLIE D. SCOTT, Attorney-Tallahassee 19 RENE GORMAN, Public member-miami 20 DANIEL J. SCHEVIS, Public Member-Ft. Lauderdale 21 SAIDIN M. HERNANDEZ, Attorney-Miami 22 LAWRENCE GORDEN, Paralegal-west Palm Beach 23 DAVID LANAUX, Public Member-Ft. Myers 24 JEFFREY KOLOKOFF, Attorney-Miami 25

7 ALSO PRESENT: CHRISTOPHER B. HOPKINS, ESQUIRE Akerman, LLP 222 Lakeview Avenue, Suite 400 West Palm Beach, Florida and - JOSEPH A. CORSMEIER, ESQUIRE Law Office of Joseph A. Corsmeier, P.A McMullen Booth Road Clearwater, Florida Appearing on behalf of the Respondents

8 4 1 PROCEEDINGS 2 MS. BUIE: It's 10:30, and we're going to go 3 ahead and start the meeting for the June 27, 2014, 4 standing committee on the unlicensed practice of law. 5 And what we're going to do is just go around the 6 room and introduce ourselves. And we can start -- 7 I'll start. It's just easier. I'm Carsandra Buie. 8 I'm an attorney from central Florida. sanford, 9 actually. And this is my last meeting as chair. 10 Yes, I am on the committee. 11 MR. HALL: We applaud your service. 12 MR. PICKER: I'm Jeff Picker. I'm assistant UPL 13 counsel in Tallahassee. 14 MR. SCHEVIS: Good morning. I'm Dan Schevis, 15 lay member from Ft. Lauderdale, Florida. 16 MR. HERNANDEZ: Saidin Hernandez, attorney, 17 Miami, Florida. 18 MS. MIDDLETON: Sharon Middleton, a public 19 member of Jacksonville. 20 MR. NORRIS: David Norris. I'm an attorney from 21 North Palm Beach. 22 MR. VAN DER LAAN: Gary Van der Laan, public 23 member from Merritt Island. 24 MR. GORDON: Lawrence Gordon, paralegal, Lytal & 25 Reiter, West Palm Beach.

9 5 1 MS. SCHACHTELE: Rosanna Schachtele, paralegal, 2 Clark Fountain, West Palm Beach. 3 MR. LANAUX: David Lanaux, lame duck from 4 Ft. Meyers, Florida. Well, the supreme Court seems 5 to think I am. 6 MS. SCOTT: I'm Kellie Scott. I'm in private 7 practice in Tallahassee. 8 MR. DICKERSON: Good morning. Dwayne Dickerson. 9 I'm in Boca Raton, attorney. 10 MS. BURKE: Barb Burke, attorney member, 11 Maitland, Florida. 12 MS. MURPHY: Nancy Murphy, public member, 13 Tallahassee. 14 MR. SYGER: Good morning. Oscar Syger. I'm an 15 attorney from Pembroke Pines. 16 MS. GORMAN: Rene Gorman, public member from 17 Miami, Florida. 18 MR. HALL: Jerry Hall, public member from 19 Leesburg. 20 MR. LEBIO: Ron Lebio, public member, Ocala. 21 MR. ABBOTT: Carl Abbott, attorney, Ft. Myers 22 but statewide. 23 MR. KOLOKOFF: Jeff Kolokoff, attorney from 24 Miami, Florida. 25 MS. POBJECKY: Renee Pobjecky, attorney, Winter

10 6 1 Haven. 2 MR. SPERRY: Marty Sperry, attorney from 3 Plantation. 4 MS. HOLCOMB: Lori Holcomb, director of client 5 protection, Tallahassee. 6 MS. BUIE: Well, welcome everyone to our 7 meeting. And we're going to go ahead and get started 8 with our agenda, and the first two items on the 9 agenda are the -- is the consent calendar. And we 10 did not have anyone ask to take anything off the 11 consent calendar for consideration, I don't believe, 12 and so those items are consented. 13 And then we will do the minutes for our May 2nd, , meeting. And the minutes are on Page 29 of our 15 materials. Do we have a motion to accept the minutes 16 or any corrections to the minutes? 17 MR. NORRIS: So moved. 18 MR. HALL: Second. 19 MS. BUIE: Any discussion? All in favor? 20 COMMITTEE MEMBERS: Aye. 21 MS. BUIE: Opposed? 22 (No response.) 23 MS. BUIE: The motion carries. The minutes are 24 accepted. And then we go down to old business, which 25 is Item Number 4 on our agenda, and that's the

11 request for a formal advisory opinion. And that's on Page 33 of our agenda which has been drafted for us. Ms. HOLCOMB: At the last meeting, we had the public hearing on the request for advisory opinion, and the committee voted to answer the question -- don't you hate when you have glasses for one thing but you don't need them for everything and you're like -- z should have really good biceps muscles -- to answer the question that's on Page 41, which is whether a nonlawyer company engages in the unlicensed practice of law in Florida when the nonlawyer company or its in-house counsel who is not licensed to practice law in Florida, controls, directs, and manages Florida litigation on behalf of the nonlawyer company's third-party customers, and the control, direction, and management is directed to a member of the Florida Bar who is representing the customer in litigation. And the committee voted to answer that that question would not be the unlicensed practice of law under certain circumstances; whereas in other circumstances, it could be the unlicensed practice of law. want to just kind of take you from the beginning of the opinion through it to see how it's

12 8 1 organized. The opinion, obviously, first starts with 2 an introduction which just kind of goes through the 3 factual basis of how we got here, and it lists all of 4 the questions that were raised by the petitioner. 5 The next part of the opinion -- I'm on Page 36 6 now of the agenda -- goes through the Goldberg vs. 7 Merrill Lynch analysis. And basically, what it does 8 is it talks about -- it talks about the Goldberg 9 case, what the Court said, and then why the committee 10 is looking at this as an advisory opinion request. 11 Then we talk about Rule which was adopted 12 because the Court directed in Goldberg that we adopt 13 the rule and what that rule says. 14 If anybody has any questions or comments as I'm 15 going through this, please feel free to stop. Then 16 the opinion talks about the Goldberg determination 17 and how, in response to the petition, that the 18 defendants in the underlying lawsuit raised a 19 question as to whether this was a proper Goldberg 20 request and that the committee considered this in 21 January 2014 and at that meeting decided that it was 22 a proper Goldberg request. 23 So it's putting that -- all that factual 24 information before the Court and what the committee's 25 reasoning was, what the reasoning of the other

13 9 1 parties were. so it gives the court all that 2 information. 3 Then we go into the discussion of the question 4 that the committee voted to address. And again, the 5 question is asked and the opinion says that, "After 6 debate, the standing committee voted to answer the 7 question in the negative, finding that, generally 8 speaking, it does not constitute the unlicensed 9 practice of law in Florida for a nonlawyer company or 10 its in-house counsel who is not licensed to practice 11 law in Florida to control, direct, and manage Florida 12 litigation on behalf of a nonlawyer company's 13 third-party customers when the control, direction, 14 and management is directed to a member of the Florida 15 Bar who is representing the customer in litigation." 16 It talks about, while generally the answer is 17 that it would not be the unlicensed practice of law, 18 that there are circumstances where the converse can 19 be true and it would be the unlicensed practice of 20 law; and that's discussed later on in the opinion. 21 The opinion goes on to talk about how it's 22 important that the client is the one that's 23 controlling the litigation. Even if you have a third 24 party that's involved in the litigation, the client 25 is the one that's controlling the litigation and the

14 10 1 attorney is the one that's exercising their own 2 independent professional -- well, "independence of 3 professional judgment" is what the rule says. 4 And it might read a little awkward. At first, 5 was flipping back and forth between "independent 6 professional judgment" and then "independence of 7 professional judgment." But since the rule says 8 "independence of professional judgment," I decided to 9 stick with that language. And I know it sounds kind 10 of weird. "Independent professional judgment" sounds 11 better, but they really, arguably, could be two 12 separate concepts. so that's why it says 13 "independence of professional judgment." 14 Now, I will say that I did have a comment 15 regarding the opinion to make sure -- this is my 16 fourth meeting -- to make sure that the client -- is 17 the opinion clear enough that the client needs to 18 make the ultimate decision? You know, what is the 19 extent to which the client can relinquish the 20 responsibility of that lawsuit? 21 And I'm kind of close to that opinion. I think 22 the opinion does make it clear that the client is the 23 one that needs to make the ultimate decision, but 24 would defer to the committee. And if you feel that 25 it needs to be beefed up, if it needs to be explained

15 11 1 more fully -- but the opinion, it's always talking 2 about that the client -- that ultimately the client 3 decides. It talks about how -- it cites to the 4 Rule and also of the rules regulating the 5 Florida Bar. 6 And again, it's kind of awkward because we're 7 not giving an ethics opinion; we're giving an 8 unlicensed-practice-of-law opinion. But you have to 9 looks at the ethics rules here because you have a 10 Florida attorney involved. But it talks about where you can have -- the client is the one that has 12 the ultimate authority on the scope of the 13 representation, but they also are working with the 14 attorney and the attorney has to somewhat guide that. 15 And in this particular instance that was before 16 the committee -- the comment talks about a joint 17 undertaking. And in this particular instance before 18 the committee, it's really not a joint undertaking; 19 it was a three-way undertaking because of the way 20 that it was flowing. It was flowing from the client 21 to the nonlawyer company to the Florida lawyers, back 22 to the client through the nonlawyer company. 23 And z guess maybe z should back up and say that 24 the opinion throughout the opinion stresses we are 25 not deciding the facts. And it says at the beginning

16 12 1 and it says at the end that the facts are going to 2 have to be determined by the Trial court when -- you 3 know, if the supreme court issues the opinion, that 4 the Trial Court will then take that finding from the 5 supreme Court and apply it to the facts of the case. 6 And again, it says it that at the beginning of 7 the opinion and at the end of the opinion. It says 8 the standing committee would not be making any 9 factual determinations in the process. The standing 10 committee would not be determining whether FAS 11 prepared pleadings or other legal documents as 12 alleged by petitioners as the standing committee will 13 not be determining the facts that are alleged. This 14 was talking about the Goldberg, that we felt 15 existence of the other lawsuits did not preclude the 16 issuance of the opinion. 17 Also, in the beginning of the discussion, it 18 says, "It is very clear that" -- okay. "The majority, 19 of the materials provided to the standing committee 20 and filed with this court involve the facts of the 21 underlying lawsuits. It is very clear that the facts 22 are in controversy. It is not the role of the 23 standing committee to sit as the trier of fact in a 24 Goldberg advisory opinion matter, such being the 25 purview of the Trial Court. The standing committee's

17 13 1 role is to determine whether the activity here is not 2 the unlicensed practice of law. should this court 3 adopt the standing committee's proposed formal 4 advisory opinion, the Trial court would apply this 5 Court's holding to the facts presented at trial to 6 make the ultimate finding of whether any party is 7 liable based on the unlicensed practice of law. 8 Hence, the standing committee is not making a finding 9 whether the nonlawyer company or its in-house 10 counsel, who are the subject of the underlying 11 litigation, did or did not engage in the unlicensed 12 practice of law." 13 so when we go into the discussion of what I call 14 the flow of the litigation and the flow of the 15 information and how things went from FAS to client 16 back to FAS to attorney, we're not saying this is how 17 it happened. It's just a general statement that you 18 need to have the client involved and you need to have 19 the attorney exercising their independence of 20 professional judgment making the decisions even if 21 you have this third party involved. 22 The trier -- the District Court is then going to 23 hear all the evidence, which will probably take about 24 three months based on all the stuff that we've 25 gotten, and then they'll figure out exactly, did that

18 14 1 happen? Did, in fact, the client -- was the client 2 the one that made the decision? And was the attorney 3 then exercising their independence of professional 4 judgment when the attorney took whatever action it 5 was that the attorney took? 6 so I just again want to bring up that -- I want 7 to make sure that you guys think it's clear enough 8 that the client is the one that's still controlling 9 the litigation. 10 Then it goes on to give an example of when it 11 would be the unlicensed practice of law, and it talks 12 about the Neiman case. And, of course, I had to use 13 my favorite quote in one of our cases that 14 Mr. Neiman's activities, therefore, failed the duck 15 test; that is, in common parlance, one would expect 16 that if it looks like a duck and walks and talks and 17 acts like a duck, one can safely assume it is a duck. 18 so in other words, if the nonlawyer is actually 19 the one that's calling all the shots, the nonlawyer 20 is the one that's exercising the independence of 21 professional judgment, the nonlawyer is the one who 22 is controlling everything, then that would be the 23 unlicensed practice of law. 24 And again, the trier of fact in this particular 25 case is going to have to look at the facts and

19 15 1 determine, if that's what happened, then you would 2 have an unlicensed practice of law issue. 3 So the opinion says, generally speaking, it's 4 not; however, under these circumstances, it could be. 5 And again, it's really the Neiman case where he was 6 making all the decisions. He was running the show. 7 For those of you who were around when we prosecuted 8 it, he made $1.4 million in one year and the attorney 9 made 70, Anyway, but it also points out that when you're 11 looking at something like this from an unlicensed 12 practice of law standpoint, what the court did in the 13 Neiman case is they looked at the activities as a 14 whole, but then they also looked at them separately. 15 It was like building a wall. If you put all 16 these bricks in, once it was done, who was actually 17 providing the services? And so the opinion talks 18 about that, that that's really what you need to look 19 at, and suggesting that the Trial court would take 20 whatever approach they feel is good, but you might 21 want to do that and look at them separately, you 22 know, and as a whole. 23 so it says, even though the opinion says while 24 generally it would not be the unlicensed practice of 25 law, there are circumstances where it could be. And

20 16 1 I think that's what's in dispute here. That's the 2 factual dispute here. And since we're not deciding 3 the facts, we're giving the option if this, then 4 that; if this, then that. should the court adopt the 5 opinion, then ultimately the Trial Court would 6 decide. 7 we also go through a discussion of public harm 8 because it was raised at the hearing as to whether we 9 needed to have a finding of public harm. And again, 10 we're not -- this is a different kind of request and 11 we're not deciding the facts. 12 But the opinion talks about public harm both 13 ways, that the committee felt that if you said that 14 when you had a nonlawyer company involved, if that 15 was always the unlicensed practice of law, that that 16 would cause public harm. 17 And it talks about services provided by the risk 18 manager, third-party administrator, adjuster, or 19 nonlawyer agent. You know, there was testimony about 20 that, that there are times when you are going to have 21 a third party, and that if you said that that was 22 always the unlicensed practice of law, that that 23 would have a chilling effect on certain 24 relationships. 25 on the other hand, if you said it was never the

21 17 1 unlicensed practice of law, then that would also have 2 some public harm. Again, tying it back into the 3 Neiman case, that if you said, you know, a nonlawyer 4 could be totally involved in the litigation, you 5 know, without some sort of controls there, then that 6 would result in public harm. So that's where the 7 public harm is addressed, just more of a general 8 nature, which is what the committee had talked about 9 at the last meeting. 10 And again, then the conclusion is, you know, 11 what is already talked about, that generally it's not 12 UPL. And again, that we're not sitting as a trier of 13 fact. should this Court adopt the standing 14 committee's proposed formal advisory opinion, it 15 would establish the precedent required by Goldberg 16 and be the standard to be applied by the trier of 17 fact in ultimately deciding whether the defendants 18 engaged in the unlicensed practice of law. 19 So that's it in a nutshell. This was a pretty 20 short opinion. so does anybody have any questions or 21 comments? And do you think it adequately addresses 22 the client involvement? 23 MR. ABBOTT: Lori, one thing. I just wanted to 24 see if there was like a clarification to be made, is 25 that any introduction -- you say the petitioners

22 "are" the plaintiffs in the federal lawsuit. should that be plaintiffs "were"? Because, you know, technically that was dismissed, and Goldberg says there can't be any outstanding -- MS. HOLCOMB: well, dismissed without prejudice, so I don't know -- any civil litigators? MR. ABBOTT: so there really isn't a lawsuit now. MS. HOLCOMB: So you want to say the petitioners were the plaintiffs in a federal lawsuit involving a claim for damages based on the unlicensed? MR. ABBOTT: Yeah. That's sort of just a worry I have, that if supreme Court judges are looking at it and saying, okay, are we supposed to be here doing this now? MS. HOLCOMB: Okay. Now, the sentence before I read can say the petitioners are Beth Ann Scharrer -- MR. ABBOTT: Yeah, of course. They're still -- MS. HOLCOMB: so that's on Page 34 in the first paragraph. MR. LEBIO: Lori, I've read this, listened to your explanation, find it to be representative of what this committee concluded at the last session. MS. HOLCOMB: Okay. Is that a motion? MR. LEBIO: I'll move.

23 19 1 MR. HALL: I'll second it. 2 MS. HOLCOMB: Move what? 3 MR. LEBIO: Move to accept the draft. 4 MS. HOLCOMB: With the change. 5 MR. LEBIO: With the change. 6 MS. HOLCOMB: Okay. 7 MS. BUIE: Anyone have a second? 8 MR. HALL: I'll second. 9 MS. BUIE: Any discussion? All in favor? 10 COMMITTEE MEMBERS: Aye. 11 MS. BUIE: All opposed? 12 (No response.) 13 MS. BUIE: Any extensions? Motion carries, and 14 this will be our advisory opinion. 15 MS. HOLCOMB: Just for the benefit more of the 16 friends in the audience, rather than committee, what 17 will happen now is all based on timing of the Bar 18 News because we have to publish it 30 days in advance 19 before we can file it with the court. 20 I guarantee -- I know the July 1 issue has 21 already gone out. we probably are pushing it for 22 July 15th even, especially because it will have a lot 23 of convention coverage in July 15th. so I would be 24 looking at August 1st. 25 we also like to get it to the Board of Governors

24 just for their information, and they will be meeting at the end of July. So I think, if it's okay with the committee, rather than trying to push it, let's just say August 1st. it will be published in the August 1st issue of the Bar News and then filed with the Court 30 days thereafter. MR. ABBOTT: Sounds reasonable. MS. HOLCOMB: I just think the July 15th will be too full because they're going to do all the convention stuff in it. So we'll publish August 1st. And it will be on the website at that point as well, and the petitioners will receive a copy with all the information, et cetera, et cetera it? MR. CORSMEIER: Lori, will you do a summary of MS. HOLCOMB: For? MR. CORSMEIER: Under the rule, it says a summary of the -- MS. HOLCOMB: Yeah, usually we just publish have we been doing a summary? Yeah. MR. PICKER: we publish a link to the opinion. MS. HOLCOMB: To the opinion, yeah. we do a brief summary. MR. PICKER: Just a paragraph describing the opinion, but then there is a direct link to the

25 21 1 actual opinion. 2 MS. HOLCOMB: That's right. we changed it. we 3 don't have to publish the whole opinion. So we might 4 be able to do July 15. But I think August 1st -- 5 would rather just do August 1st and just give us some 6 breathing room and not have to fight with the Bar 7 News over coverage of other events. And again, then 8 it can go to the board for informational purposes in 9 July. Okay. 10 Anybody have any questions? All right. 11 (The proceedings concluded at 10:56 a.m.)

26 STATE OF FLORIDA: COUNTY OF ORANGE: CERTIFICATE I, LISA MCCORMACK, RMR, certify that I was authorized to and did stenographically report the foregoing proceedings, and that the transcript is a true and accurate record. Dated this 1st day of July ,r. ft (01.,MC, LIS A CORM, CKy RMR

27 Page 1 A abbott 2:3 5:21,21 17:23 18:7,12,18 20:7 able 21:4 accept 6:15 19:3 accepted 6:24 accurate 22:8 action 14:4 activities 14:14 15:13 activity 13:1 acts 14:17 actual 21:1 address 9:4 addressed 17:7 addresses 17:21 adequately 17:21 adjuster 16:18 administrative 1:7 administrator 16:18 adopt 8:12 13:3 16:4 17:13 adopted 8:11 advance 19:18 advisory 7:1,4 8:10 12:24 13:4 17:14 19:14 agenda 6:8,9,25 7:2 8:6 agent 16:19 ahead 4:3 6:7 akerman 3:2 alleged 12:12,13 analysis 8:7 ann 1:3 18:17 answer 7:5,9,19 9:6 9:16 anybody 8:14 17:20 21:10 anyway 15:10 appearing 3:8 applaud 4:11 applied 17:16 apply 12:5 13:4 approach 15:20 arguably 10:11 asked 9:5 assistant 2:5 4:12 assume 14:17 attorney 4:8,16,20 5:9,10,15,21,23 5:25 6:2 10:1 11:10,14,14 13:16 13:19 14:2,4,5 15:8 attorneyboca 2:7 attorneyft 2:3 attorneymaitland 2:17 attorneymiami 2:21,24 attorneynorth 2:12 attorneypembroke 2:15 attorneyplantation 2:14 attorneytallahass... 2:18 attorneywinter 2:6 audience 19:16 august 19:24 20:4,5 20:10 21:4,5 authority 11:12 authorized 22:6 avenue 3:3 awkward 10:4 11:6 aye 6:20 19:10 B b2:10,12 3:2 back 10:5 11:21,23 13:16 17:2 bankruptcy 1:3 bar 1:1 2:1 7:17 9:15 11:5 19:17 20:5 21:6 barb 5:10 barbara 2:17 based 13:7,24 18:11 19:17 basically 8:7 basis 8:3 beach 2:12,13,22 3:3 4:21,25 5:2 beefed 10:25 beginning 1:13 7:25 11:25 12:6 12:17 behalf 3:8 7:14 9:12 believe 6:11 benefit 19:15 beth 1:3 18:17 better 10:11 biceps 7:8 board 19:25 21:8 boca 5:9 booth 3:6 breathing 21:6 bricks 15:16 brief 20:23 bring 14:6 buie 2:2 4:2,7 6:6 6:19,21,23 19:7,9 19:11,13 building 15:15 burke 2:17 5:10,10 business 6:24 C c2:3,3 4:1 22:1,1 calendar 6:9,11 call 13:13 calling 14:19 cant 18:4 care 1:4 earl 5:21 carries 6:23 19:13 carsandra 2:2 4:7 case 8:9 12:5 14:12 14:25 15:5,13 17:3 cases 14:13 cause 16:16 center 1:14 central 4:8 certain 7:21 16:23 certify 22:5 cetera 20:13,13 chair 23 4:9 chairsanford 2:2 change 19:4,5 changed 21:2 chapter 1:3 chilling 16:23 christine 1:8 christopher 3:2 circumstances 7:21 7:22 9:18 15:4,25 cites 1 1 :3 civil 18:6 claim 18:11 clarification 17:24 clark 5:2 clear 10:17,22 12:18,21 14:7 clearwater 3:7 client 6:4 9:22,24 10:16,17,19,22 11:2,2,11,20,22 13:15,18 14:1,1,8 17:22 close 10:21 comment 10:14 11:16 comments 8:14 17:21 committee 1:1 2:1 4:4,10 6:20 7:5,19 8:9,20 9:4,6 10:24 11:16,18 12:8,10 12:12,19,23 13:8 16:13 17:8 18:23 19:10,16 20:3 committees 8:24 12:25 13:3 17:14 common 14:15 company 7:10,11 9:9 11:21,22 13:9 16:14 companys 7:15 9:12 concepts 10:12 concluded 18:23 21:11 conclusion 17:10 consent 6:9,11 consented 6:12 consideration 6:11 considered 8:20 constitute 9:8 control 7:15 9:11 9:13 controlling 9:23,25 14:8,22 controls 7:13 17:5 controversy 12:22 convention 1:14 19:23 20:10 converse 9:18 copy 20:12 corrections 6:16 corsmeier 3:5,6. 20:14,17 counsel 4:13 7:12 9:10 13:10 counseltallahassee 2:4,5 county 22:3 course 14:12 18:18 court 5:4 8:9,12,24 9:1 12:2,3,4,5,20 12:25 13:2,4,22 15:12,19 16:4,5 17:13 18:13 19:19 20:6 courts 13:5 coverage 19:23 21:7 customer 7:17 9:15 customers 7:15 9:13 D d 2:184:1 damages 18:11 dan 4:14 daniel 2:20 dated 22:9 david 2:12,23 4:20 5:3 day 22:9 days 19:18 20:6 debate 9:6 decide 16:6 decided 8:21 10:8 decides 11:3 deciding 11:25 16:2,11 17:17 decision 10:18,23 14:2 decisions 13:20 15:6 defendants 8:18 17:17 defer 10:24 denyce 2:2 der 2:16 4:22,22

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