November-December 2015 Newsletter, Volume 1, Issue 11 – Walton County Bar Association
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November-December 2015 Newsletter, Volume 1, Issue 11


By Aaron White

Greetings Walton County Attorneys. I want to thank each of you for your participation in the WCBA this year. Our meetings this year were well attended, and we had approximately fifty-five (55) paid memberships. Our annual Judicial Symposium was also a success. I want to thank our Judges again for their continued participation in this event and their overall support of our organization. We also saw the introduction of this newsletter, along with the creation of the WCBA website ( I hope these resources will be useful to our organization as we continue to grow. I am pleased to note that we also had our first community service day as we served with the local chapter of Habitat for Humanity. I hope to see each of you at this month’s meeting. We will elect our Directors and Officers for 2016. I have included the relevant portion of our Bylaws below which governs this process. Lastly, I want to thank this year’s Board of Directors for their time and effort. It has been an honor serving as your President this year, and I look forward to a strong future for our organization.


Cases of interest this week include:

HFC Collection Center, Inc. v. Alexander, — So.3d —-, 2015 WL 6554404 (Fla. 5th DCA 2015). A defendant who prevails on her defense that the contract sued upon was never properly assigned to plaintiff establishes that there is no contract between her and plaintiff, and as a result, is not entitled to contractual prevailing party attorneys’ fees.

Ensler v. Aurora Loan Services, LLC, — So.3d —-, 2015 WL 6496304 (Fla. 4th DCA 2015).  General testimony of a prior business’s record-keeping practices, without describing detail, is not sufficient to lay the predicate for the Business Records Exception to the Hearsay Rule.  However, the proponent of the evidence may testify as to the prior business records if the proponent has sufficient procedures in place to check the accuracy of the prior business’s records.

100 Lincoln Rd SB, LLC v. Daxan 26 (FL), LLC, — So.3d —-, 2015 WL 6499331 (Fla. 3d DCA 2015).  Review of orders regarding lis pendens is by certiorari, and a recorded declaration of condominium is a “duly recorded instrument” under Florida Statute section 48.23.

Daniels v. Sorriso Dental Studio, LLC, — So.3d —-, 2015 WL 6504461 (Fla. 2d DCA 2015).  The “lower tribunal” that determines the amount of appellate attorneys’ fees is the court whose order or judgment has been reviewed.

RREF SNV-FL SSL, LLC. v. Shamrock Storage, LLC, — So.3d —-, 2015 WL 6446074 (Fla. 1st DCA 2015). Under Florida Statute section 56.29 (proceedings supplementary), it is the judgment debtor’s burden to prove transfers to third party for no consideration were not done in an attempt to hinder, delay or defraud creditors.

Author Bio:  Manuel Farach is a Member at McGlinchey Stafford concentrating in real estate, business and
appellate matters, and chairs the Florida Supreme Court Committee on jury instructions for
contract and business cases.

If you have an announcement OR suggestion to make our organization better OR wish to submit an article for publication in the newsletter, please submit same to Lisa Mollitor at

Section 1. The Association shall have the following Officers:

A. A President, who shall preside at all meetings of the Association and represent the Association in matters requiring such representation.

B. A Vice-President, who shall in the absence of the President preside at the meetings of the Association, and shall perform such other duties as may from time to time be delegated to him or her.

C. A Secretary/Treasurer, who maintain the non-financial books and records of the Association, including minutes of all Association meetings, collect Membership dues, maintain the financial books and records of the Association, make such disbursements therefrom as the By-laws or the Association Board may direct, and present a report of such receipts and disbursements at the regularly scheduled Association meetings.

D. Director, who shall serve as member of the Board of Directors and assist the President, Vice-president and
Secretary/Treasurer with their designated duties.

Section 2. The current Officers of The Walton County Bar Association shall comprise the Association’s Board of Directors and shall be responsible for conducting the affairs of the Association.

Section 3. The Officers will be chosen by the general Membership of the Association in the following manner:

A. At the regularly scheduled November Association meeting, candidates may be nominated as potential Officers for the position of President, Vice-President, Secretary/Treasurer, and Director. Any member may nominate another member as a candidate for the above positions. If no nominations are made for a position, the President will then allow members to nominate themselves for any available position.

B. At the regularly scheduled December Association meeting, the general membership shall elect the position of President, Vice-President, Secretary/Treasurer, and Director from the list of nominees made at the November meeting. All Association members present at the December meeting shall cast one vote for each of the above positions. The nominee for each position that receives the greatest amount of votes shall become the next President, Vice-President, Secretary/Treasurer, and Director, respectively.

C. The vote for each of the above positions will be made by secret ballot with the results tabulated by the current Board of Directors.

D. Each Officer shall be installed into office by the previous year’s President at the regularly scheduled January Association meeting.

E. Each Officer shall serve a term of one (1) year in office commencing upon installation as described above.

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