Tampa Criminal Defense Attorney Selected for 2009 Super Lawyers

W.F. "Casey" Ebsary, Jr., was again selected for inclusion on the Florida Super Lawyers list for 2009. Only five percent of Florida attorneys have been named to the list. He was selected through an extensive process of peer nominations, blue ribbon panel review and independent research.

Tampa Federal Criminal Defense Lawyer

Fifth DCA Rejects Support Arrearage

In the Wales v. Wales opinion issued Friday, the Fifth District rejected an award of support arrearages based on the lack of support in the record for the award and the lack of any testimony that the Wife's needs were not met during the subject period.

Fifth District Rejects Timesharing, Rehabilitative Alimony, Attorneys Fee Award

The Fifth DCA ruled Friday in Lovell v. Lovell, and in so doing rejected several parts of the ruling below. First and foremost, the Fifth found error with the lower tribunal's ruling prohibiting the children from exposure to the Husband's new wife during timesharing, despite the lack of any evidence of detriment from such contact. Next, the Court rejected an eight year, four thousand dollar a month rehabilitative alimony award (but not the award itself) as needing a clearer plan for rehabilitation. Finally, based on the assets distributed to the Wife, the Court reversed the attorneys' fee award below.

SFL Friday -- "You Got To Shake It Baby, You Got To Shake It Baby, You Got To Shake It"

Ok, let's get the law stuff out of the way real quick.

My friend Guest Blogger and now even the indomitable Billy Shields points out there are some cha-cha-cha-changes in the family division, with Judge Sandy Karlan now Chief Administrative Judge, and Judge Scott Bernstein the new Associate Administrative Judge.

Also, Judge Carol Kelly (hi there Judge!!) is the new AJ of the domestic violence division.

These are some of the toughest places for our judges to be, where overworked, underfunded public servants do their best to make justice work amid shrinking budgets and rising caseloads.

Thank you all for your service.

Hey all you hipster Mac users, who's laughing now?

Related -- I hate Justin Long.

Well it looks like it might stop raining someday, so what do you all have planned for this weekend?

(Greenberg Girl, don't tell me I already know.)

As usual, I have a lot on my plate. Of course I plan to eat my fruits and veggies, place some vodka to my lips (purely in the interests of science), and -- like I always do -- contemplate the changing nature of feminine beauty.

Personally, I find beauty everywhere and in all shapes and forms. I may even find some Saturday at Mizner Park, when those twisted, sardonic, aging misanthropes take the stage and shake it, Babylon Sisters, shake it.

"So fine so young, tell me I'm the only one...."

And Sunday I expect to windsurf my way over to South Beach, where I plan to clean things up, one lonely butt at a time.

See, I told you I was busy.

Have a great weekend everybody!

Immune System of Bankruptcy Lawyer Further Imperiled by 11th Circuit Affirmance.

It's not easy being "extremely Floridian."

I like the lawyers at GrayRobinson, and I think they have a smart business model.

So I'm ready to write something positive, if one of you shmarties over on Brickell would send me some good news.

Instead, I have to report on this 11th Circuit opinion issued yesterday, which affirms a Middle District affirmance of a bankruptcy court sanctions order against attorney Peter Ginsberg of Peter R. Ginsberg P.C. (now at Crowell & Moring), and GrayRobinson lawyers Scott Spradley (who doesn't appear to work there anymore) and Maureen Vitucci, who served as local counsel for Ginsberg and also represented several other parties to the bankruptcy.

First off, it's just wrong that any order has to go on for eight pages before the opinion actually starts.

But once it gets going it's an interesting read. Apparently the sanctions order grew out of motion to recuse that the court determined was principally drafted by Ginsberg. In the sanctions order, the bankruptcy judge imposed monetary sanctions of $371k and barred Ginsberg from practicing in the Middle District bankruptcy court for five years.

GrayRobinson then settled their portion of the sanctions for $300k, which the bankruptcy judge approved.

I would read the whole thing, but I was particularly struck by the 11th Circuit's discussion of the tone of Ginsberg's filing and courtroom demeanor, which starts on page 44.

Here's Judge Fay on how Ginsberg treated the bankruptcy judge he had sought to recuse:

Further, Ginsberg was extremely difficult to deal with and disrespectful to
the court. He refused to answer the court's questions, treated the court as an adversary and continually made inflammatory statements. For example, Ginsberg
exaggerated the implications of Judge Briskman’s actions, alleging that his
conduct “relates directly to the judicial processes, namely the integrity of trial
transcripts, and a party’s due process rights and liberty.” (Recusal Mot. at 19.)

Ginsberg opened the Recusal Hearing by claiming: "Your honor has compromised my health, your Honor has compromised my immune system." (Recusal Tr. Vol. I
at 5.) Ginsberg also used accusatory, unsupported language in the three petitions
for writ of mandamus; asserted that Judge Briskman faced “potential career ending
punishment”; and accused him of trying to surreptitiously “brush the matter under
the carpet” so he could “retain authority over these very important issues of
judicial and professional conduct." (Response Br. at 16.)

Ginsberg also purposefully pursued recusal very publicly. After learning of
Hudson's Complaint, Ginsberg did not first request a private hearing with Judge
Briskman and all counsel in these cases to address his concerns, nor did he file the
Recusal Motion under seal (ignoring the preference for confidentiality inherent in
the Judicial Council Rules discussed below). Instead, the first time Ginsberg
raised the Complaint was in a 31-page accusatory motion which used the term
"investigation" twelve times and referenced adverse rulings fifty-four times.
Ginsberg also immediately brought the Recusal Motion to the attention of the
district court. He filed three petitions for a writ of mandamus with the district
court while the Recusal Motion was still pending.

In our view, Ginsberg’s dogged pursuit of a frivolous claim indicates bad
faith.

"Your Honor compromised my immune system"??

Seriously? That's really your opening, Peter?

Take some Naturebee and buck up, soldier.

Don't Let It Bring You Down.

Well, that was some spectacular event at the Epic in honor of Chief Justice Quince tonight. I know I saw many of you there, including my friend Randy Kroner, because it was packed. And what a great speech she gave about helping those at-risk kids who emerge from foster homes and need caring, loving mentors to help shepard them into young adulthood.

Also, Melanie Damian looked and sounded awesome.

This is all good stuff.

Plus, tonight I wound up watching the great American Masters series episode on Neil Young from a few nights back, which was amazing.

Young plebes, please learn what it means to commit to and dedicate yourselves to something bigger, better, and more meaningful than anything you could hope to forge by just billing a bunch of hours for The Man.

Neil was there, folks, he felt it, lived it, and recorded about it.

Try to do the same, peoples.

Relive The Good Old Days At FAWL Judicial Reception

Remember the good old days of the Bush/Gore recount, when ill-informed, disingenuous hacks loudly denounced our own little Florida Supreme Court as a hotbed of liberal judicial activism?

Oh, what fun times we had back then, mispronouncing the names of Justices, confusing live judges with dead ones, all on a huge national stage where only the nation's future was at stake!

Well I for one plan to relive those happier times tonight at the FAWL cocktail reception honoring Chief Justice Quince.

Look for me cracking wise and acting foolish, camera-ready and dry Gin Gibson-equipped, summoning the energy to swap war stories head-on with my buddy Lew Freeman.

Wish me luck!