The Docket March 2019

SARASOTA COUNTY BAR ASSOCIATION MARCH 2019 VOL. 36, NO. 3 DIVERSITY COMMITTEE H E A LT H A N D F I T N E S S “A Prescription to Save Your Life” By CHARLIE ANN SYPRETT, Esq. I The SCBA Council for Diversity & Inclusion, in partnership with the Jewish Federation, Embracing Our Differences and the Boxser Diversity Initiative, presented a special performance of Letters From Anne and Martin, a nationally acclaimed production created by the Anne Frank Center for Mutual Respect, on February 5 at at Temple Beth Shalom. Left to right: Charlie Ann Syprett, Esq; Chief Judge Charles Williams; Terri Vitale; Sydney Sforzo; Sarah Wertheimer; Chip Gaylor, Esq. was not surprised to discover that a recent report from the National Task Force on Lawyer Well Being concluded that too many lawyers struggle with emotional stress, depression, anxiety and lack of sleep and that these conditions are taking their toll on lawyer health in general. We have seen increased heart disease, colon cancer and a host of other chronic diseases linked to a high stress life style. And, when you dive into these stress linked diseases the numbers are alarming. More women die from cardiac disease than from any other disease; more than all the cancers put together. (1 out of 3 women will die of heart disease while 1 out of 33 will die of breast cancer.) And, heart disease has long been the number one killer of men. But, there is some good news. Scientific research has demonstrated that we can prevent and, actually reverse many chronic diseases with simple lifestyle changes. Both the Florida Bar and See PRESCRIPTION , Page 7 P RO P E RT Y L AW L AW W E E K You don’t have to go home, but you can’t stay here By AMANDA KISON, Esq. Bentley & Bruning P.A.  I n July of 2018, with little fanfare or attention, the revised Chapter 82, Fla. Stat., titled Forcible Entry and Unlawful Detainer, and Chapter 66, Fla. Stat., titled Ejectment, were enacted to modernize and clarify their antiquated language. Why should you care? For most practitioners, these revisions make little difference in their daily practice. Yet the concept of an unwanted occupant is a legal issue which often spans multiple practice areas. How you advise your client and resolve this issue depends on the type of unwanted occupant with which you are faced. Unlawful detainer, ejectment, and eviction, governed by Chapter 83, Fla. Stat., all generally provide a procedure by which a party may recover possession of property. Amanda Kison Bentley & Bruning P.A.  However, the difference between these available remedies can depend on the relationship between the parties, the parties’ relationship to the real property, and the method by which a party gained access to, or possession of, the real property. The unlawful detainer statute provides a cause of action for terminating possession due to unlawful entry, forcible entry, or unlawful detention. This means that where a party has wrongfully taken possession by force, such as a squatter, or where they have wrongfully withheld possession after consent has been withdrawn, such as guests or significant others who have overstayed their welcome, the property owner or party entitled to possession may recover possession and seek an award of damages. Similar to an eviction action brought pursuant to Chapter 83, See EVICTION , Page 17 Free speech, free press, free society By FLETCHER RUSH, Esq. Williams Parker I t is nearly spring and that means our annual Law Week program is just around the corner! For those who have volunteered in the past, I don’t have to tell you how rewarding it is to contribute your time to help educate the children in our community. If you have not been a part of Law Week, then you are in for a treat this year. This year’s program offers volunteers the opportunity to see excited young students present an amusing and educational mock- trial script while also engaging in a See FREE , Page 15