roth, larry

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APPLICATION FOR NOMINATION TO THE NINTH JUDICIAL CIRCUIT COURT (Please attach additional pages as needed to respond fully to questions.) DATE: February 13, 2014 Florida Bar No.: 0208116 GENERAL: Social Security No. : 1. Name: Larry M. Roth E-mail: [email protected] Date Admitted to Practice in Florida: 12/23/75 Date Admitted to Practice in other States: District of Columbia 2/2/05 New York 9/28/05 2. State current employer and title, including professional position and any public or judicial office. 3. Business address: City: Telephone: Fax: (407) 841-2133 4. Residential address: City: Since: 5/24/07 Telephone: 5. Place of birth: Knoxville, TN Date of birth: Age: 62 6a. Length of residence in State of Florida: 60 years 6b. Are you a registered voter? Yes D No If so, in what county are you registered? Orange 7. Marital status: Married If married: Spouse's name: Date of marriage: Spouse's occupation: If ever divorced give for each marriage names(s) of spouses(s), current address for each former spouse, date and place of divorce, court and case number for each divorce. 2

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APPLICATION FOR NOMINATION TO THE NINTH JUDICIAL CIRCUIT COURT

(Please attach additional pages as needed to respond fully to questions.)

DATE: February 13, 2014 Florida Bar No.: 0208116

GENERAL: Social Security No.:

1. Name: Larry M. Roth E-mail: [email protected]

Date Admitted to Practice in Florida: 12/23/75

Date Admitted to Practice in other States: District of Columbia 2/2/05 New York 9/28/05

2. State current employer and title, including professional position and any public or judicial office.

3. Business address: City: Telephone: Fax: (407) 841-2133

4. Residential address: City: Since: 5/24/07 Telephone:

5. Place of birth: Knoxville, TN Date of birth: Age: 62

6a. Length of residence in State of Florida: 60 years

6b. Are you a registered voter? ~ Yes D No

If so, in what county are you registered? Orange

7. Marital status: Married

If married: Spouse's name: Date of marriage: Spouse's occupation:

If ever divorced give for each marriage names(s) of spouses(s), current address for each former spouse, date and place of divorce, court and case number for each divorce.

2

8. Children

Name(s) Age(s) Occupation(s} Residential address(es)

9. Military Service (including Reserves) Not applicable.

Service Branch Highest Rank Dates

Rank at time of discharge: Type of discharge: Awards or citations:

HEALTH:

10.

11a.

3

11b.

12a.

12b.

13.

14.

15.

4

16.

17.

EDUCATION:

18a. Secondary schools, colleges and law schools attended.

Schools Class Standing Dates of Attendance Degree

University of With High Honors - September Bachelor of Science Tennessee at GPA 3.59 1969-March Major: Russian Knoxville 1973 History

Minor: Political Science

University of Florida # 2 in Class - GPA March 1973 Juris Doctor School of Law 3.77 - August

1975

Cambridge "A-" June -July Certificate in University, Queens 1974 European Community College Comparative Law

"Dyplom", Institute "A-" July- Certificate of Eastern of Legal Studies, August European Block Warsaw Poland 1974 Economics

Community Law

1 Bb. List and describe academic scholarships earned, honor societies and other awards. Phi Beta Kappa

5

Order of Coif Phi Kappa Phi (College) Phi Kappa Phi (Law School) Executive Editor, University of Florida Law Review Law School Book Awards:

• Labor Law • Civil Procedure • Evidence • Conflicts of Law • Contracts I

Dr. Ruth Stephens History Scholarship

19. List all previous full-time non-legal jobs or positions held since 21 in chronological order and briefly describe them.

Date Position Employer Address Not applicable

20. List all courts (including state bar admissions) and administrative bodies having special admission requirements to which you have ever been admitted to practice, giving the dates of admission, and if applicable, state whether you have been suspended or resigned .

... ~ourt of Administrative Body Date of Admission 1976 1983 1981 , 1995 1976 1981

1987-2002

1992-2002

1994,1998,2000,2002, 2004, 2005 1996

1996

1996

1997

1997

6

1998 1999

1987 1994 1994 1995

1995, 1998

1996 1996

1997

1998

1998 1999 1999 2002

.. -. 2003

LAW PRACTICE: (If you are a sitting judge, answer questions 21 through 26 with reference to the years before you became a judge.)

21. State the names, dates and addresses for all firms with which you have been associated in practice, governmental agencies or private business organizations by which you have been employed, periods you have practices as a sole practitioner. law clerkships and other prior employment.

Position Name of Firm Address Dates 8(15 - 9f16

9(76 - 2181

2/81 - 5/89

6/89 - 5100

6100 - 5/05

7

6/05 - 4/10

5110 -Present

22. Describe the general nature of your current practice including any certifications which you possess; additionally, if your practice is substantially different from your prior practice or if you are not now practicing law, give details of prior practice. Describe your typical clients or former clients and the problems for which they sought your services.

At the present time my practice, which is mostly all litigation, is somewhat different from the previous five years. Right now I am doing approximately half of my work in the Products Liability defense area, a third of my work in Class Actions defense, and the remainder dealing with contracts, pharmaceutical regulatory work and licensing agreements. In the Products Liability field my typical clients have been major product manufacturers of consumer products such as motor vehicles, motorcycles, personal watercraft, outboard motors, lawn equipment, and construction equipment. My clients were mostly sued by plaintiffs for catastropic injuries. In the area of Class Actions the clients are usually car manufacturers who have been sued by consumer action lawyers on behalf of putative class members seeking some type of refund, imposition of a warranty, reimbursement, and disgorgement of profits. In the contract and regulatory areas I have represented several small dermatological and pharmaceutical manufacturers on their regulatory work, as well as drafting licensing agreements and contracts for the purchase and sale of FDA approved products, and dealing with HMO/PPOs and drug fonnularies. Because of the nature and complexity of my trial and litigation work, it generated substantial motion pratice and appeals (see Attachment A - Reported Cases ). I also have a limited mediation practice since I became a Certified Circuit Civil Mediator in 2005. Board Certified in Civil Trial Law: 2000-201 O

23. What percentage of your appearance in courts in the last five years or last five years of practice (include the dates) was in: 2008-2013

Court Area of Practice

Federal Appellate 5 % Civil 85 % Federal Trial 35 % Criminal % Federal Other % Family % State Appellate 5 % Probate % State Trial 55 % Other 15 % State Administrative % State Other o/o

TOTAL: 100 % TOTAL: 100 %

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24. In your lifetime, how many (number) of the cases you have tried to verdict or judgment were:

Jury? 36 Non-jury? 2

Arbitration? O Administrative Bodies? 0

25. Within the last ten years, have you ever been fonnally reprimanded, sanctioned, demoted, disciplined, placed on probation, suspended or terminated by an employer or tribunal which you have appeared? If so, please state the circumstances under which such action was taken, the date(s) such action was taken. the name (2) of any persons who took such action, and the background and resolution of such action.

No

26. In the last ten years, have you failed to meet any deadline imposed by court order or received notice that you have not complied with substantive requirements of any business or contractual arrangement? If so, please explain in full.

No

(Questions 27 through 30 are optional for sitting judges who have served 5 years or more.)

27a. For your last 6 cases, which were tried to verdict before a jury or arbitration panel or tried to judgment before a judge, list the names and telephone numbers of trial counsel on all sides and court case numbers (include appellate cases).

CASE N0.1

Peter Griffin v. Kia Motors Corporation and Kia Motors America, Inc. - Case No. CV-97-6474, 843 So. 2d 336 (Fla. 1st DCA 2003), Second Circuit Court, in and for Leon County, Florida

Co-Counsel: Honorable Joseph W. Hatchett [Co-Appellate Counsel] Akerman, Senterfitt & Eidson, P.A. 301 South Bronough Street, Suite 200 (32301) Post Office Box 10555 Tallahassee, Florida 32302-2555 Telephone: 850-222-3471

Opposing Counsel: Donald M. Hinkle Lisa Magill Foran Hinkle & Foran

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1545 Raymond Diehl Road, Suite 150 Tallahassee, Florida 32308 Telephone: 850 - 205-2055

John R. Beranek [Appellate Counsel] Ausley & McMullen, P.A. Washington Square Building 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302 Telephone: 850 - 224-9115

CASE NO. 2

Miriam Cintron, as Personal Representative of the Estate of Angelique Cintron v. Kia Motors Corporation and Kia Motors America, Inc. and JS Imports, dlbl a West Palm Kia - Case No. CL 99-10499 N, in the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. Kia Motors Corp. v. Cintron, 873 So. 2d 336 (Fla. 4th DCA), rev. dism., 880 So. 2d 1211 (Fla. 2004)

Co-Counsel: Arthur J. England, Jr. [Co-Appellate Counsel] (d. 2013) Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Telephone: 305 - 579-0500

Opposing Counsel: C. Tab Turner Turner & Associates, P.A. 4705 Somers Avenue, Suite 100 North Little Rock, Arkansas 72116 Telephone: 501 - 791-2277

Stephan LeClainche and Theodore Babbitt Babbitt, Johnson, Osborne & LeClainche, P.A. Post Office Box 4426 West Palm Beach, Florida 33402-4426 Telephone: 561 - 684-2500

Jane Kreusler-Walsh [Appellate counsel] Jane Kreusler-Walsh, P.A. Suite 503, Flagler Center 501 South Flagler Drive West Palm Beach, Florida 33401 Telephone: 561-659-5455

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CASE NO. 3

James H. Heath, Jr. v. Suzuki Motor Corporation - Civil Action No. CV295-164, in the United States District Court for the Southern District of Georgia, Brunswick Division

Co-Counsel: Suzelle M. Smith 700 South Flower Street, Suite 2900 Los Angeles, California 90017 Telephone: 213 - 955-9400

Wallace E. Harrell Gilbert, Harrell, Gilbert Sumerford & Martin, P.C. First Federal Plaza Post Office Box 190 Brunswick, Georgia 31521-0190 Telephone: 912 - 265-6700

Opposing Counsel: James E. Butler, Jr. Joel 0. Wooten, Jr. Butler, Wooten, Overby, et al. Post Office Box 2766 Columbus, Georgia 31902 Telephone: 706 - 322-1990

Lee Tarte Wallace Butler, Wooten, Overby, et al. 2719 Buford Highway Atlanta, Georgia 30324 Telephone: 404- 321-1700

Robert P. Killian Lissner, Killian, Cunningham & Boyd 506 Monck Street Brunswick, Georgia 31502

John C. Bell, Jr. Bell & James 619 Green Street Augusta, Georgia 30901

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CASE NO. 4

Christopher Mason v. Porsche Cars of North America - Case No. Al-000034-0 (1992), in the Ninth Judicial Circuit, Orange County, Florida

Opposing Counsel: Scott T. Borders Clark, Charlton & Martino, P.A. P. 0. Box 24268 Tampa, FL 33623 Telephone: 813-289-0700

P. Raul Alvarez, Jr. 1031 West Morse Boulevard, Suite 270 Winter Park, Florida 32789-3750 Telephone: 407 -647-2777

Raymond T. Elligett, Jr. Schropp, Buell & Elligett 401 East Jackson Street, Suite 2600 Tampa, Florida 33602-5232 Telephone: 813 - 221-2600

CASE NO. 5

Hill Dermaceutical, Inc. v. Food & Drug Administration, et al. United States District Court for District of Columbia - Case No. 1 :11-CV-01950-RCL, 524 F. Supp 2d 5 (D.D.C. 2012) United States Court of Appeals for the District of Columbia - Case No. 12-5182, 709 F. 3d 44 (D.C. Cir. 2013)

Co-Counsel; Ashley C. Parrish King & Spalding LLP 1700 Pennsylvania Avenue NW Washington, D.C. 20006 Telephone: 202-737-0500

Opposing Counsel: Cindy J. Cho Drake Cutini Consumer Protection Branch U.S. Dept of Justice P. 0. Box 386 Washington, D.C. 20044 Telephone: 202-532-4721

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Michael Stern Associate Chief Counsel U.S. Dept of Health and Human Services Office of General Counsel White Oak 31 Room 4525 10903 New Hampshire Avenue Silver Spring, MD 20993 Telephone: 301-796-8598

CASE NO. 6

Anne Buettner v. Kia Motors America, Inc., et al. - Case No. CI0-00-5710 (59), in the Ninth Judicial Circuit Court, Orange County, Florida Arnold Graham and Susan Graham on behalf of Laurel! Graham, a minor, v. Kia Motors America, Inc. - Case No. CI0-00-5710 (39), in the Ninth Judicial Circuit Court, Orange County, Florida

Opposing Counsel: Steven Marks Ricardo M. Martinez-Cid Podhurst Orsecl< 23 W. Flagler Street Suite 800 Miami, FL 33130 Telephone: 305-358-2800

27b. For your last 6 cases, which were settled in mediation or settled without mediation or trial, list the names and telephone numbers of trial counsel on all sides and court case number (include appellate cases).

CASE N0.1

Sean P. Carr v. Suzuki Motor Corporation of Japan, American Suzuki Motor Corporation, et al. - Case No. 2010-CA-350, in the Circuit Court of the Nineteenth Judicial Circuit in and for Okeechobee County, Florida

Opposing Counsel: R. Frank Melton, Esquire Newsome Melton Law Firm 201 South Orange Avenue Suite 1500 Orlando, Florida 32801 Telephone: 407 -648-5977

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CASE NO. 2

Parkinson v. Kia Motors America, Inc., 54 So. 3d 604 (5th DCA 2011 ), in the Ninth Judicial Circuit Court, Orange County, Florida

Co-Counsel : Charles Wells GrayRobinson, P.A. 301 East Pine Street, Suite 1400 Orlando, Florida 32801 407 -843-8880

Opposing Counsel: Ed Ricci, Jr. Darryl Lewis Searcy Denney 2139 Palm Beach Lakes Blvd West Palm Beach, FL 33409 (800) 780-8607

CASE NO. 3

Janet Hansen v. Kia Motors Corporation, et al. - Case No. 1602997-CA-10437-XXXX-A , in the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida

Opposing Counsel: Mark P. Chalos Leiff Cabraser, Heimann & Bernstein, LLP One Nashville Place, Suite 1650 150 Fourth Avenue North Nashville, Tennessee 37219-2423 Telephone 615-313-9000

CASE NO. 4

Judy Valentin v . Nissan North America, et al. - Case No. 53-2011-CA--004575-0000--00, in the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida

Opposing Counsel: Henry N. Didier, Jr. P. Alexander Gillen Didier Law Firm 1203 North Orange Avenue Orlando, FL 32804 Telephone: 407-895-3401

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CASE NO. 5

Belinda Carter, as Personal Representative of Lamar S. Carter vs. Kia Motors Corporation, et al. - Case No. 2012-CA-002128, in the Circuit Court of the Ninth Judicial Circuit, in and for Osceola County, Florida

Opposing Counsel: James W. Gustafson, Jr. Cameron M. Kennedy Searcy, Denney, Scarola, Barnhart & Shipley, P.A. 517 North Calhoun Street Tallahassee, Florida 32301 Telephone: 850-224-7600

CASE NO. 6

Antonio Ferrara v. Kawasaki Motors Corp., U.S.A., et al. - Case No. 13-80866-CIV-Ryskamp/Hopkins, In the United States District Court, Southern District of Florida

Opposing Counsel: Richard J. Desanto 2400 East Commercial Blvd Coastal Tower- Suite 211 Ft. Lauderdale, Florida 33308 Telephone: 954-776-1110

27c. During the last five years, how frequently have you appeared at administrative hearings? Q average times per month.

27d. During the last five years, how frequently have you appeared in Court? 2-3 average times per month

27e. During the last five years, if your practice was substantially personal injury, what percentage of your work was in representation of plaintiffs? 5% Defendants? 95%

28. If during any prior period you have appeared in court with greater frequency than during the last five years, indicate the period during which this was so and give for such prior periods a succinct statement of the part you played in the litigation, numbers of cases and whether jury or non-jury.

Between 1981 and 2005 I appeared in court 5-7 times per month due to my handling more aspects of every case, instead of in later years having associates for whom I was supervising handling more of their court

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appearances. During this period of 1981-2005 is when most of my products liability jury trials occurred - approximately 25.

29. For the cases you have tried to award in arbitration, during each of the past five years, indicate whether you were sole, associate or chief counsel. Give citations of any reported cases.

No arbitration cases.

30. List and describe the six most significant cases which you personally litigated giving case style, number and citation to reported decisions, if any. Identify your client and describe the nature of your participation in the case and the reason you believe it to be significant. Give the name of the court and judge, the date tried and names of other attorneys involved.

The six most significant matters for which I have been involved include the following .

CASE N0. 1

James Heath, Jr. v. Suzuki Motor Corporation - Case No. CV295-164, 126 F. Jd 1391 (11th Cir. 1997)

Client: American Suzuki Motor Corporation and Suzuki Motor Corporation

Dates of Trial Period: June 3, 1996 - June 11, 1996 (Liability Phase only)

Court & Judge: United States District Court, for the Southern District of Georgia Brunswick Division - The Honorable Anthony A. Alaimo

Co-Counsel: Suzelle M. Smith 700 South Flower Street, Suite 2900 Los Angeles, California 90017 Telephone: 213 - 955-9400

Wallace E. Harrell Gilbert, Harrell, Gilbert Sumerford & Martin, P.C. First Federal Plaza Post Offic.e Box 190 Brunswick, Georgia 31521-0190 Telephone: 912 - 265-6700

Opposing Counsel: James E. Butler, Jr. Joel 0. Wooten, Jr. Butler, Wooten, Overby, et al

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Post Office Box 2766 Columbus, Georgia 31902 Telephone: 706 - 322-1990

Lee Tarte Wallace Butler, Wooten, Overby, et al. 2719 Buford Highway Atlanta, Georgia 30324 Telephone: 404 - 321-1700

Robert P. Killian Lissner, Killian, Cunningham & Boyd 506 Monck Street Brunswick, Georgia 31502

John C. Bell, Jr. Bell & James 619 Green Street Augusta, Georgia 30901

Summary of the Substance; Significance of the Matter; Parties Represented; Nature of Participation; Final Disposition of Case:

This was a products liability lawsuit alleging the Suzuki Samurai vehicle was unstable and had a propensity to roll over. I was co-trial counsel in the case. The driver was paralyzed. This was the first sport utility vehicle case tried by this manufacturer in the State of Georgia. The case was trifurcated and the first phase was liability. The second phase was compensatory damages and entitlement to punitive damages. Third phase would be imposition of punitive damages amount. There were a multitude of complex evidentiary issues including an attack on the validity of government defect proceedings, accident data and their admissibility, the admissibility of computer simulations of accident reconstruction, Daubert hearings, seatbelt law interpretation under the Georgia Statute, and the admissibility of substantially similar tests which recreated the accident situation utilizing real vehicles. At the conclusion of phase one, the jury returned a defense verdict finding that there was no defect in the vehicle. Affirmed on Appeal, 126 F.3d 1391 (11th Cir. 1997).

This case was one of the ten (10) major defense verdicts obtained in 1996 according to the National Law Journal. (March 24, 1997 Issue @ A 17)

CASE NO. 2

Mason v. Porsche Cars of North America, 621 So. 2d 719 (Fla 5th DCA 1993) rev. denied, 629 So. 2d 134 (Fla.1993)

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Mason v. Porsche Cars of North America, 686 So. 2d 361 (Fla. 5 th DCA 1997)

Mason v. Porsche Cars of North America, Inc., 689 So. 2d 349 (Fla. 5th DCA 1997)

Client: Porsche Cars North America, Inc.

Dates of Trial Period: January - February 1995 (8 day jury trial) and October 27, 1997 - November 3, 1997 (6 day jury trial)

Court & Judge: Ninth Judicial Circuit, Orange County, Florida -The Honorable John H. Adams

Opposing Counsel: Scott T. Borders Clark, Charlton & Martino, P.A. Post Office Box 24268 Tampa, Florida 33623 Telephone: 813 - 289-0700

P. Raul Alvarez, Jr. 1031 West Morse Boulevard, Suite 270 Winter Park, Florida 32789-3750 Telephone: 407 -647-2777

Raymond T. Elligett, Jr. Schropp, Buell & Elligett 401 East Jackson Street, Suite 2600 Tampa, Florida 33602-5232 Telephone: 813-221-2600

Summary of the Substance; Significance of the Matter; Parties Represented; Nature of Participation; Final Disposition of Case:

I tried this case twice as lead counsel. The first trial in 1995 resulted in a Directed Verdict for Porsche at the close of all the evidence. This was reversed on appeal. The second trial went to jury with a defense verdict. The plaintiff claimed his 1991 Porsche Carrera II was a "lemon", essentially because of a transmission problem. The case was filed after Porsche lost a Lemon Law administrative arbitration proceeding. Under Chapter 673, Florida Statutes, Porsche had the right to request a trial de novo from the arbitration decision. In order to do so Porsche incurred significant risks, including the potential for treble damages, $100 per day fine during the pendency of the action, as well as attorneys' fees. This case resulted in three (3) different appellate decisions. Among the issues of first impression that ultimately resulted in appellate rulings included what was a trial de novo under Chapter 673 of the Florida Statutes, who had the burden of proof and

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persuasion, the evidentiary admissibiHty of a Lemon Law Arbitration Board administrative decision, and whether arbitrators could be deposed and discovery conducted into their administrative ruling. The plaintiff had sued for recission, as well as a claim under the Magnusson-Moss Act. The case was ultimately settled before the third trial.

Mason I and II became the seminal cases concerning trial de novo and other issues under the Lemon Law, which cases ultimately were partially affirmed and partially reversed by the Florida Supreme Court in Pitsirelos v. Chrysler Corp. The Florida Supreme Court relied upon Mason I for its trial de novo issue, but retreated from Mason II on the issue of the evidentiary presumption to be given the administrative ruling by the Lemon Law Arbitration Board.

CASE NO. 3

Diane S. Brinker and James E. Brinker v. Suzuki Motor Co., Ltd. et al

Client: American Suzuki Motor Corporation, Suzuki Motor Co. Ltd, Thomas Day dba Tommy's Cycle Center

Dates of Trial Period: August 7 - 27, 1992 (two week jury trial)

Court & Judge: United States District Court, Middle District of Florida, Tampa Division - The Honorable Steven Merryday, Judge Ralph Nimmons, and The Honorable William Castagna

Opposing Counsel: Paul A. Nelson, Jr. (no longer member of the Bar) Law Offices of Paul A. Nelson, P.A.100 West Kennedy Blvd, Suite 660 Tampa, FL 33602 Telephone: 813-229-7532

Factual Summary/My Participation/Disposition:

I was lead trial counsel. This was a wrongful death case involving an accident on a four (4) wheel all-terrain vehicle in Kentucky. The decedent was operating the 500cc A TV at a high rate of speed on a dirt road, lost control and ran into a tree. He was not wearing a helmet. Also, the decedent had an illegal blood alcohol level (BAL). The preliminary pre-trial issues involved a choice of law with regard to Kentucky v. Florida law. My involvement was to put on expert witnesses, handle motions in limine, jury selection, opening and closing arguments, and all other aspects of the case. This case was tried to a defense verdict. Settled on appeal with plaintiff paying costs.

Particular Significance of the Case:

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Aside from the choice of law issue, the importance of this case was that it was the first all-terrain vehicle tried by the manufacturer in the State of Florida. Issues concerning admissibility of government investigations (CPSC), substantial similarity of other models and similarity of other accidents, and epidemiology/comparative risk analysis were the most important evidentiary matters in the case. Further, the admissibility of blood alcohol , and a helmet defense were also involved.

One unique aspect of this case was that the original trial judge, Judge Steven Merryday, due to a sudden illness, did not finish the case and was replaced by Judge William Castagna. Judge Ralph Nimmons, Jr. also sat on the bench during the trial. The plaintiffs agreed to no mis-trial as did the defense. The trial was interrupted for approximately one (1) week as a result of the Judge's illness.

CASE NO. 4

Michael G. Jansen v. Pro Cycle Water Sport.s, Inc., Kawasaki Motors Corporation U.S.A., Inc. and Kawasaki Heavy Industries, Ltd. - Case No. 94-443-CIV-T-23

Client: Kawasaki Motor Corporation U.S.A., Kawasaki Heavy Industries, Ltd. and Kawasaki Motors Manufacturing Corp., U.S.A.

Oates of Trial Period: October 26, 1998 - November 1 O, 1998

Court & Judge: United States District Court, Middle District of Florida, Tampa Division - The Honorable Maurice Cohill

Co-Counsel: Richard E. Mueller Thompson CoburnOne Mercantile Center Suite 2900St. Louis, Missouri 63101 Telephone: 314 - 552-6000

Opposing Counsel: Joseph D. Magri Merkle & Magri, P .A.551 O West LaSalle Street Tampa, Florida 33607 Telephone: 813 - 281-9000

Summary of the Substance; Significance of the Matter; Parties Represented; Nature of Participation; Final Disposition of Case:

I was lead trial counsel in this case. I tried it along with the national counsel for Kawasaki. This case involved a compression fracture sustained by the plaintiff as a result of operating a 1993 Kawasaki JH750-A2 model JetSki®

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(personal watercraft} in the lntercoastal Waterway/Gulf of Mexico near John's Pass. This case was tried in Admiralty. The Court issued a written opinion finding no defect in the personal watercraft. The claim was that the angled design of the JetSki® deck area placed a seated operator in a dangerous position, making him/her more prone to back injuries and trauma. There were a number of interesting evidentiary issues including those of substantial similarity of models and prior claims. More importantly, however, was a two­day Daubert evidentiary hearing held before Judge Steven Merryday who refused to strike experts on either side. Thereafter, Judge Merryday assigned the case to a visiting judge.

This was the first personal watercraft case tried in Florida by this product manufacturer. The issue of the jury trial in this type of litigation due to Admiralty law, as well as the evidentiary issues of other claims and the admissibility of evidence regarding other personal watercraft models, were complex and difficult. Also, the main design engineer for the personal watercraft at issue had left the employment of the manufacturer and was no longer within the control of that company. Thus, an Order had to be obtained to videotape the deposition of the design engineer in Japan, which took place at the U. S. Consurate in Osaka, Japan, prior to trial.

CASE NO. 5

Preston/Kiser v. Suzuki

Client: American Suzuki Corp. and Suzuki Motor Co. Ltd.

Dates of Trial Period: September - October 1994 (three week jury trial)

Court & Judge: The Court of Common Pleas, State of Ohio, The Honorable Fred Shoemaker

Co-Counsel: Terrance M. Miller, Esquire Porter, Wright, Morris and Arthur 41 South High Street Columbus, Ohio 43215 Telephone: 614-227-2148

Opposing Counsel: Stephen C. Rodeheffer, Esquire Kimble, Stevens, Young, Clark and Rodeheffer 622 Sixth Street Portsmouth, Ohio 45662 Telephone: 614-354-3214

George A. Hilborn, Esquire

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Hilborn & Hilborn, P.C. 32400 Telegraph, Suite 101 Bingham Farms, Michigan 48025 Telephone: 810-642-8350

Factual Summary/My Participation/Disposition:

This case involved the wrongful death of the driver of a Suzuki Samurai multi­purpose vehicle. The crash occurred in the early morning hours when the vehicle ran off a rural road into a ditch and rolled over. The primary issue was the alleged rollover defect in the sport utility vehicle. The plaintiff claimed that the vehicle rolled over on the road. The defense position was that the vehicle ran off the road into a ditch, at which time it rolled over. The individual killed was the passenger, who was not wearing his seatbelt. The driver was not seriously injured. Some of the primary issues involved in the case concerned the admission of blood alcohol, the admissibility of government investigations (NHTSA) accident reports from other accidents, Consumer Reports magazine articles and films, and testing performed by third party entities. Additionally, the admissibility of accident data was critical to the case. I was co-trial counsel in the case. I presented two Japanese witnesses, economic experts, several liability expert witnesses for the defense, and the family members. This case resulted in a defense verdict. No appeal was taken.

Particular Significance of Case:

This was the first case of this kind tried by this particular manufacturer in the State of Ohio. I was brought into the case approximately thirty (30) days before the trial began because of my expertise in the engineering issues and with presenting Japanese witnesses at trial. My primary assignment was to handle the Japanese-speaking witnesses, national litigation issues such as accident data statistics, and the handling of major expert witnesses, including Cale Yarborough.

CASE NO. 6

Rodriguez v. Suzuki Motor Co., Ltd. v. Debbie Dubis

Client: American Suzuki Motor Corporation and Suzuki Motor Co., Ltd.

Dates of Trial Period: April 17, 1995 - July 7, 1995

Court & Judge: The Circuit Court of the City of St. Louis, State of Missouri -The Honorable Anna Forder

Co-Counsel: Keith Phoenix

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Sandberg, Phoenix, & von Gontard, P.C. One City Centre, 15th Floor St. Louis, Missouri 63101-1880 Telephone: 314 - 231 -3332

Martin Beirne/Sawnie McEntire Beirne, Maynard & Parsons, L.L.P. 1300 Post Oak Boulevard - 24th Floor Houston, Texas 77056-3000

Opposing Counsel: John S. Wallach Hoffman & Wallach 1015 Locust Street, Suite 700 St. Louis, Missouri 63101 Telephone: 314 - 241 -1020

James E. Butler, Jr. Butler, Wooten, Overby, et al. 2719 Buford Highway Atlanta, Georgia 30324 Telephone: 404 - 321-1700

Summary of the Substance; Significance of the Matter; Parties Represented; Nature of Participation; Final Disposition of Case:

This was a single vehicle rollover crash that occurred on a rural Missouri two­lane highway. The plaintiff was the right front passenger in a Suzuki Samurai sport utility vehicle. There was one passenger in the rear and the driver. After being at a winery for several hours, the three people were driving back to St. Louis. The vehicle ran off the road, down into a culvert and rolled over. The issue in the case was whether the vehicle rolled over on-road or off road. This was a case of first impression in Missouri for this particular manufacturer. The trial lasted three (3) months. Plus, there was also one week of pre-trial hearings on approximately fifty (50) motions in limine. Although I was brought into the case only a few weeks before it went to trial, I was in charge of all the issues at the motion in limine stage. I also became co-trial counsel in the trial after lead counsel was fired. The plaintiff was rendered a quadriplegic as a result of the crash. There were substantial and complex evidentiary issues, most particularly with regard to admissibility of alcohol, whether or not witnesses to the accident who had been drinking could be asked about their alcohol intake, and evidentiary matters relating to punitive damages. Most of the major witnesses, including the plaintiff and one of the Japanese witnesses were handled by me, as well as the closing arguments at the punitive damages phase. The plaintiff's attorney asked for $980 million in punitive damages. The jury returned $60 million punitive and $30 million compensatory damages. This was ultimately remitted to a total of

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$60 million by the trial court. On appeal, the case was reversed on the alcohol and the punitive damages issues. (936 S.W. 2d 104 (Mo. 1997))

As a result of the appeal, the Missouri Supreme Court set a new standard in that state for the awarding of punitive damages (clear and convincing evidence), and also created a new standard on the admissibility of alcohol evidence in motor vehicle cases. The Missouri Supreme Court reversed on all three alcohol issues relating to that of eyewitnesses, to the driver, as well as to the plaintiff herself.

This was a case of national significance for the client, involving one of the best trial lawyers in the country for plaintiff. The issues addressed all had far~ranging effects on similar litigation across the country.

31. Attach at least one example of legal writing which you personally wrote. If you have not personally written any legal documents recently, you may attach writing for which you had substantial responsibility. Please describe your degree of involvement in preparing the writing you attached.

For both the attached Barry Law Review article on Florida Crashworthiness law, and the Trial Advocate Quarterly article on the Hague Convention, I was sole author and conducted all the research myself.

PRIOR JUDICIAL EXPERIENCE OR PUBLIC OFFICE:

32a. Have you ever held judicial office or been a candidate for judicial office? If so, state the court(s) involved and the dates of service or dates of candidacy.

Applied for federal judicial vacancy in Middle District of Florida in 1111995 (short list of 3); June 1999 (short list of 4); October 1999.

32b. List any prior quasi-judicial service:

Dates Name of Agency Position Held

Not applicable

32c. Have you ever held or been a candidate for any other public office? If so, state the office, location and dates of service or candidacy.

No

32d. If you have had prior judicial or quasi-judicial experience: Not applicable

(i) List the names, phone numbers and addresses of six attorneys who appeared before you on matters of substance.

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(ii} Describe the approximate number and nature of the cases you have handled during your judicial or quasj.judicial tenure.

(iii) List citations or styles and describe the five most significant cases you have tried or heard, identify the parties, describe the cases and tell why you believe them to be significant. Give dates tried and names of attorney involved.

(iv) List citations or styles and describe the five most significant cases you have tried or heard. Identify the parties, describe the cases and tell why you believe them to be significant. Give dates tried and names of attorneys involved.

(v) Has a complaint about you ever been made to the Judicial Qualifications Commission? If so, give date, describe complaint, whether or not there was a finding of probable cause. whether or not you have appeared before the Commission, and its resolution.

(vi) Have you ever held an attorney in contempt? If so, for each instance state name of attorney, approximate date and circumstances.

(viii) If you are a quasi-judicial officer (ALJ, Magistrate, General Master), have you ever been disciplined or reprimanded by a sitting judge? If so, describe.

BUSINESS INVOLVEMENT:

33a. If you are now an officer, director or otherwise engaged in the management of any business enterprise, state the name of such enterprise, the nature of the business, the nature of your duties, and whether you intend to resign such position immediately upon your appointment or election of judicial office.

Yes. (law office left active only for accounts receivable and referral fees. Will be closed in March 2014).

33b. Since being admitted to the Bar, have you ever been engaged in any occupation, business or profession other than the practice of law? If so, give details, including dates.

From a~ roximately 1993-2003 I owned a Florida corporation called -____________ ___, The corporation owned during that period four different prop airplanes. These were rented to my law firms for intra­state travel for efficiency purposes and time management Company now dissolved.

33c. State whether during the past five years you have received any fees or compensation of any kind, other than for legal services rendered, from any business enterprise, institution, organization, or association of any kind. If so,

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identify the source of such compensation, the nature of the business enterprise, institution, organization or association involved and the dates such compensation was paid and the amounts.

No

POSSIBLE BIAS OR PREJUDICE:

34. The Commission is interested in knowing if there are certain types of cases, groups of entities, or extended relationships or associations which would limit the cases for which you could sit as the presiding judge. Please list all types or classifications of cases or litigants for which you as a general position believe it would be difficult for you to sit as the presiding judge. Indicate the reason for each situation as to why you believe you might be in conflict. If you have prior judicial experience, describe the types of cases from which you have recused yourself.

I would not serve on cases involving clients I previously represented.

MISCELLANEOUS:

35a. Have you ever been convicted of a felony or a first degree misdemeanor?

Yes No ---X~- If "Yes" what charges? Where convicted? Date of Conviction:

35b. Have you pied nolo contendere or pied guilty to a crime which is a felony or a first degree misdemeanor?

Yes No -----X If "Yes" what charges? Where convicted? Date of Conviction:

35c. Have you ever had the adjudication of guilty withheld for a crime which is a felony or a first degree misdemeanor?

Yes No -----X If "Yes· what charges? Where convicted? Date of Conviction:

36a. Have you ever been sued by a client? If so, give particulars including name of client, date suit filed, court, case number and disposition.

No

36b. Has any lawsuit to your knowledge been filed alleging malpractice as a result of action or inaction on your part?

No

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36c. Have you or your professional liability insurance carrier ever settled a claim against you for professional malpractice? If so, give particulars, including the amounts involved.

No

37a. Have you ever fi led a personal petition in bankruptcy or has a petition in bankruptcy been filed against you?

No

37b. Have you ever owned more than 25% of the issued and outstanding shares or acted as an officer or director of any corporation by which or against which a petition in bankruptcy has been filed? If so, give name of corporation, your relationship to it and date and caption of petition.

No

38. Have you ever been a party to a lawsuit either as a plaintiff or as a defendant? If so, please supply the jurisdiction/county in which the lawsuit was filed, style, case number, nature of the lawsuit, whether you were Plaintiff or Defendant and its disposition.

v. Larry M. Roth - Case No: Cl-86-10904, Orange County Ninth Judicial Circuit Court, Florida. Dissolution of marriage. Divorce granted in accordance with property settlement agreement on February 4, 1987.

M. Roth, James A. Edwards and John Ward Smith vs. - Case No. Cl 89-7410, Orange County Ninth

Judicial Circuit. The lawsuit arose out of alleged breach of employment contracts at the law firm as a result of leaving the firm. The lawsuit was settled at mediation in 1990.

The lawsuits set forth below were filed against my former law partners after I left the in May 1989. I was either a named defendant or notified of the action due to my prior status as a firm partner. I had no personal liability or involvement in these matters. My former law partners at assumed my defense, indemnified, and held me hannless in these cases:

•Susan Coopet and Robin Coopet vs. United States Elevator Corporation, One South Orange Partnership, et. al. - Case No. 94-8553, Orange County Ninth Judicial Circuit - This case involved premises liability arising from a slip and fall accident. The real property was owned by my prior law partners. The general partners had purchased my real

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property interest in 1993 and agreed to indemnify me and hold me harmless.

•Barnett Bank of Central Florida, N.A. vs. 29 South Orange Partnership; 11 East Pine Street Partnership; W.L. Kirk, Jr.; E. Thom Rumberger; J. Richard Caldwell, Jr.; Thomas M. Burke; Ronald E. Cabaniss; Larry M. Roth; and James A. Edwards -Case No. Cl93-8200, Orange County Ninth Judicial Circuit -This case involved a foreclosure on real property owned by my former law partners at Pursuant to a joint stipulation I was dismissed with prejudice.

• In Re: John F. Chafin, as Tax Collector of Leon County, Florida - Case No. 95-03232 - This case arose from a payment obligation of a Trust of my former law partners at

who have satisfied this debt. I had been released from this Trust by my former partners at

which was set up for the benefit of my former partners' children.

39. Has there ever been a finding of probable cause or other citation issued against you or are you presently under investigation for a breach of ethics or unprofessional conduct by any court, administrative agency, bar association, or other professional group. If so. give the particulars.

No

40. To your knowledge within the last ten years , have any of your current or former co­workers, subordinates, supervisors, customers or clients ever filed a formal complaint or formal accusation of misconduct against you with any regulatory or investigatory agency, or with your employer? If so, please state the date{s) of such formal complaint or formal accusation(s), the specific formal complaint or formal accusation(s) made, and the background and resolution of such action(s). {Any complaint filed with the JQC, refer to 32d(v).

In 2012 a prisoner, Matthew Young, claimed with The Florida Bar I was his attorney. This arose out of my role as Liaison Counsel where I was appointed by the court in In Re Seroquel MDL. (Fla. Bar File 2012-31, 361 (9F)). Magistrate Judge David Baker entered an Order that I did not represent Mr. Young. The Florida Bar found the complaint without merit and closed the file on 6/20/13.

Lewis Cato made a similar claim that I was his attorney as Liaison Counsel in In Re Seroquel MDL. Magistrate Judge David Baker ruled J was not Mr. Cato's lawyer. The Florida Bar dismissed the complaint on 1/25/11 (Case No. 2011-20, 439 (09D).

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41. Are you currently the subject of an investigation which could result in civil, administrative or criminal action against you? If yes, please state the nature of the investigation, the agency conducting the investigation and the expected completion date of the investigation.

No

42. In the past ten years, have you been subject to or threatened with eviction proceedings? If yes, please explain.

No

43a. Have you tiled all pas tax returns as required by federal, state, local and other government authorities?

Yes [8J No D If no, please explain.

43b. Have you ever paid a tax penalty?

Yes D No [8J If yes, please explain what and why.

43c. Has a tax lien ever been filed against you? If so. by whom, when, where and why?

No

HONORS AND PUBLICATIONS:

44. If you have published any books or articles, list them, giving citations and dates.

BOOKS

• L Roth & G. Rahdert, Appeals to the Eleventh Circuit© 1983 (3 volumes) (Butterworth/Michie); © 1984-2005 (Matthew Bender Company) (initially copyrighted and published in 1983 and published until 2005)

• G. Rahdert & L. Roth, Appeals to the Fifth Circuit © 1977 (3 volumes) (Butterworth/Michie); © 1984, 1997, 1998, 2004 (Lexis Law Publishing, a Division of Reed Elsevier) (original copyright 1977 and published until 2005)

ARTICLES

• Florida's Motor Vehicle Crashworthiness Enhanced Injury Doctrine: "Wanted Dead or ... " 18 Barry L. Rev. 389 (2013)

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• Florida Requires Compliance with Hague Convention for Service of Process Abroad, Trial Advocate Quarterly, Fall 2012 Vol. 31, No. 4, pg. 13-18

• The Many Lives of Louis Brandeis: Progressive~Reformer, Supreme Court Justice, Avowed Zionist. And a Racist?, Southern University Law Review, Issue Vol. 34, pg. 123-168, No. 2 (2007)

• D'Amario v. Ford - Time to Expressly State the Decision Is No Longer Viable, 85 Florida Bar Journal 10, April 2011 by Wells, Lampe and Roth

• The Burden of Proof Conundrum in Motor Vehicle Crashworthiness Cases: Analysis and Comment, 80 Florida Bar Journal 10 (Feb 2006)

• Crashworthiness Wars, Episode Ill: Revenge of The Burden of Proof, Trial Advocate Quarterly Vol. 25, pg. 11-19, Winter 2006

• Prescription Drugs for Skin Disease Increase Cancer Risk, Products Liability Section, Association of Trial Lawyers of America, Vol XI, No. 2, pg. 4-7 (Winter 2006)

• The Florida Supreme Court Needs a Second Look at Second Collision Motor Vehicle Cases, Florida Bar Journal, Vol. LXXVlll, No. 4 , pg. 20-27, April 2004

• The Florida Supreme Court was Wrong in D'Amar;o v. Ford, Trial Advocate Quarterly, Vol. 23, No. 1, pg. 28-35 (Winter 2004)

• Trial de Novo and Evidentiary Presumptions Under the "Lemon Law": Analysis and Comment, 24 Nova Law Review No. 1 pg. 409-467 (1999)

• Some Tips on Depositions in Japan, Orange County Bar Association, The Briefs, Volume 74, No. 29, pg. 9,13 (May, 1999)

• Squeezing " Lemons" into a Mason Jar: Trial de Novo under the Lemon Law, Trial Advocate Quarterly, Vol. 17, No. 4, pg. 36-44 (1998)

• A Suggestion for Judicial Efficiency, The Florida Bar Journal, Vol. LVlll, No.1, pg. 31, (January 1985)

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• Practice Before the Fifth Circuit: Revisited, 14 Texas Tech Law Review 17 (1983) (co-author)

• "Overview" Chapter 1 - Florida Anti-Fencing and RICO Acts ; The Florida Bar - Continuing Legal Education (1982)

• Requirements for the American Lawyer to Practice Law in Israel, 15 International Lawyer 433 (1981)

• Book Review: The Brethren, Florida Law Review, Vol XXXI, pg. 1010-1018 (1979)

• Certified Questions from the Federal Courts: Review and Re­Proposal, 34 Miami Law Review 1 (1979)

• Fifth Circuit Survey: Constitutional/Criminal Law, 29 Mercer Law Review 987 (1978)

• Remembering 1965: Abe Fortas and the Supreme Court, 28 Mercer Law Review 861 (1977)

• Inside the Fifth Circuit: Looking at Some of its Internal Procedures, 23 Loyola Law Review 661 (1977) (co-author)

• Practice Before the Fifth Circuit: Briefs and Oral Advocacy -- A Way to Do It, 8 Texas Tech Law Review 847 (1977) (co-author)

• Appellate Practitioner and the Fifth Circuit Brief, Florida Bar Journal, Vol. LI, pg. 264 (May 1977)

• Touched with Fire, Forged in Flame: Holmes and a Different Perspective, 28 Florida Law Review 365 (1976)

• Research Assistant to Professor Jeffrey E. Lewis, Mandatory Joinder of Parties and Civil Proceedings: The Case for Analytical Pragmatism, 26 Florida Law Review 381 (1974)

45. List any honors, prizes or awards you have received. Give dates.

Martindale-Hubbell Bar Register of Preeminent Lawyers -2014 Best Lawyers in Orlando - 2007-2014 Best Lawyers in Florida - 2007-2013 Best Lawyers in America - 2007-2013 Florida Super Lawyers - 2006-2013 Texas Bar Foundation Finalist Article Award -1983 Orange County Bar Association Law Day Award - 1981

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Who's Who in Florida - 1981 Seminole County Bar Service Award -1978 First Place - Florida Bar Journal Writing Contest - 1978

46. List and describe any speeches or lectures you have given.

Hampton Seminars: Slip and Fall Cases; Federal Practice and Appeals

Seminar Planners, Inc.; Federal Procedure Southern Methodist University: Appeals to the Fifth Circuit Orange County Bar Association: Federal Practice & Procedure Defense Counsel Conference, Scottsdale, Arizona: Taking

Depositions in Japan: Procedural and Substantive Requirements

Defense Counsel Conference, Detroit, Michigan: Crashworthiness Law in Florida

ACI Conference, Chicago, Illinois: Use of Demonstrative Evidence in Trials

47. Do you have a Martindale-Hubbell rating? Yes ['gJ If so, what is it AV. No 0

PROFESSIONAL AND OTHER ACTIVITIES :

48a. List all bar associations and professional societies of which you are a member and give the titles and dates of any office which you may have held in such groups and committees to which you belonged.

Orange County Bar Association Federal Practice Committee - Chairman -1978-1979 Law Day Chairman - 1981 Federal and State Trial Practice Committee: Co-Chairman - 1998-1999

American Bar Association New York State Bar Association Florida Defense Lawyers Association Defense Research Institute

48b. List, in a fully identifiable fashion, all organizations, other than those identified in response to question No. 48(a), of which you have been a member since graduating from law school, including the titles and dates of any offices which you have held in each such organization.

Seminole County Bar Association First Vice President and President-Elect - 1980-1981 Second Vice President - 1979-1980 Secretary - 1977-1978 Treasurer-1978-1980 Law Day Chairman -1977-1981

32

Seminole County Legal Aid Society-1977-1981 Chairman, Board of Directors

Seminole County Law Library-1976-1981 Board of Trustees - Chairman

UCF Booster-1978-present Trinity Preparatory School Booster - 1995-2001 Orange County Criminal Defense Lawyers Association -1978-1981 Eighteenth Judicial Circuit Grievance Committee -1979-1981 United States Supreme Court Historical Society-1995-2006 American Trial Lawyers Association (Associate Member)

Pharmaceutical Section Member - 2005-2009 Society of Automotive Engineers - 2005-2009 Temple Israel Board of Directors -1980-1985 Central Florida Jewish Community Center-1978-1987 Jewish Family Services of Central Florida -1978-1987 Florida Supreme Court Historical Society (dates unknown) Federal Bar Association for Central Florida (early 1980's) Product Liability Advisory Council-1987-2004

48c. List your hobbies and other vocational interests.

Reading U.S. History and Biographies; writing fiction and non-fiction works; jogging

48d. Do you now or have you ever belonged to any club or organization that in practice or policy restricts (or restricted during the time of your membership) its membership on the basis of race, religion, national origin or sex? If so, detail the name and nature of the club(s) or organization(s), relevant policies and practices and whether you intend to continue as a member if you are selected to serve on the bench.

No

48e. Describe any pro bono legal work you have done. Give dates.

Early in my legal career in Seminole County I served on the Legal Aid Society. In Orange County in the early 1980s I also performed recognized pro bono work, and accepted court appointed criminal cases. Once OCBA began to accept payments by outside attorneys, because of the nature of my out of town trial work I began paying the Legal Aid Society in Orange County as a substitute for direct pro bono work. However, I continued and still continue to perform unpaid legal work for friends, family members, friends of friends, etc. This has included, for example, in 2010 to 2011 helping a restaurant service worker at no cost to get social security disability benefits after he was denied those benefits after developing lymphoma following a kidney transplant; 2005-2009 assisting in preparing wills at no cost to friends of my mother's; providing legal advice to individuals in the restaurant service industry who could not afford to hire an attorney; preparation of Living Wills

33

for elderly individuals whom I had known since I was a kid in Orlando; drafting chartiable fund documents for the Roth Family Jewish Community Center, Maitland Campus

SUPPLEMENTAL INFORMATION:

49a. Have you attended any continuing legal education programs during the past five years?

Yes. Mediation and Alternative Dispute Resolutions, Civil Trial Skills, Products Liability, Class Action Seminars

49b. Have you taught any courses on law or lectured at bar association conferences, law school forums, or continuing legal education programs? If so, in which substantive areas?

Yes. Florida Crashworthiness Law, Federal Practice and Procedure, Products Liability, Slip and Falls, Appeals to the 11 1

h Circuit Court of Appeals, Trial Practice, Use of Demonstrative Evidence of Trials, Taking Depositions and Discovery in Japan, Direct and Cross Examination in Civil Trials.

Adjunct Professor, Columbia College, Orlando Navy Base Campus 1977-81. Taught college level courses to retired military personnel working towards college degrees. Courses taught: Constitutional Law; Business Law; Criminal Law

Adjunct Professor, Florida Southern University, McCoy Campus. Taught Business Law and Economics. 1980-1981

Adjunct Professor, Valencia Community College, East Orlando Campus. Taught Constitutional Law. 1980-1981

Adjunct Professor, University of Central Florida. Constitutional Law. 1980-1982

50. Describe any additional education or other experience you have which could assist you in holding judicial office.

I have a strong work ethic and I can manage multiple responsibilities effectively. I am also a good listener and counselor. These skills enabled me to help parent my stepdaughter through her high school and college years. She is now experiencing a successful career as a U. S. Navy JAG Corps lawyer. Also, becoming a Judge has always been my ultimate professional goal ever since my days at UF Law in the Library Stacks.

51. Explain the particular potential contribution you bel ieve your selection would bring to this position.

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Charles T. Wells, Esquire

Senior Judge Rom W. Powell

Kirsten Lindquist Rowe, Esquire

Gerald Rutberg, Esauire

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I believe the breadth of my experience over the years since I began practicing law is the biggest benefit I bring to this position, in addition to professional maturity and judgment. Over the course of my career I have handled nearly every conceivable legal issue, including those which come before the County Courts such as landlord/tenant, misdemeanors, small or summary claims cases, traffic infractions, DUI, and civil disputes. I have also handled a number of cases involving pro se plaintiffs, so I am used to working with people who do not have counsel representing them. This range of experience has also given me the perspective, understanding, patience, demeanor and common sense to excel in this position.

52. If you have previously submitted a questionnaire or application to this or any other judicial nominating commission, please give the name of the commission and the approximately date of submission.

Middle District of Florida Judicial Nominating Commission: Nov. 1995; June 1999; Oct 1999

53. Give any other information you feel would be helpful to the Commission in evaluating your application.

I believe that my diverse experiences in essentially every area of the law and practice, legal judgment and demeanor will provide me with a solid foundation from the start to successfully tackle the challenges presented by this position.

REFERENCES:

54. List the names, addresses and telephone numbers of ten persons who are in a position to comment on your qualifications for judicial position and of whom inquiry may be made by the Commission.

I

Karl E. Pearson, Esquire

Greg Gentile, Owner

.....__ Daniel J. Gerber, Esquire

,,

Senior Judge Emerson Thompson

Cynthia Hawkins, Esquire I

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