Board reviews procedural rules amendments

first_imgBoard reviews procedural rules amendments November 15, 2002 Gary Blankenship Senior Editor Regular News Board reviews procedural rules amendments Senior Editor Requests for admissions in a civil suit should not be limited to 30, according to the Bar Board of Governors, which is opposing that recommendation of the Civil Procedure Rules Committee.The board reviewed five sets of procedural rule amendments last month as part of the two-year cycle rule review process. The only objection from the board came over the requests for admission item in the Florida Rules of Civil Procedure.Committee Chair Dominic MacKenzie said the amendment had been studied by a subcommittee and it “wanted to clarify this rule is not to be a discovery rule, it is a rule to move the procedure along.”Board member Ervin Gonzalez, liaison to the committee and a former member, added, “There were numerous examples of people who violated the rule. It became onerous and burdensome.”The proposed rule, he said, allows parties to ask the court for more requests for admissions.But other board members said that could be a problem. Board member Chris Lombardo said it might take three months to get such a hearing. Members also said the requests for admission help focus litigation to the actual areas of dispute.“It’s an attempt to limit what the parties are arguing about,” said board member Robert Rush. “It’s a good thing. There may be cases where you want to do 100. It focuses the issues.”He added that the current rule has sanctions if the procedure is abused.The board approved Rush’s motion to oppose that alteration by a 28-2 vote, and then unanimously approved the remainder of the committee’s proposed amendments, which MacKenzie said were minor.Those alterations conform with statutory amendments and recent court rulings, including changing rules to specify that an amended complaint should accompany motions for leave to amend. Other changes would require a court to rule on a request for reimbursement at the hearing on a motion for entitlement for reimbursement, add a section to address vicarious, constructive, derivative, and technical liability in Rule 1.442, and add a fact information sheet to Rule 1.977 for judgment debtors that are corporations or other business entities.Under the rules procedures, the board cannot change or amend amendments prepared by procedural rules committees. Rather, its recommendations go separately to the Supreme Court, which has the final say on the amendments.The board endorsed without any changes the other rule packages presented at the meeting. Those were:• Rules of Judicial Administration. Eleventh Circuit Judge Shelley Kravitz, representing the Rules of Judicial Administration Committee, said only minor changes were proposed. Those included sending a copy of the motion to disqualify to the subject judge as well as filing it with the clerk, giving a judge discretion to prevent photographs of jurors’ faces, and allowing the courts, subject to certain restrictions, to take testimony via “communication equipment.”• Family Law Rules. Chair Mike Walsh said the changes were intended to conform with statutory changes, and were largely editorial in nature. Those include rules allowing that some financial information be exchanged only among the parties and not filed with the court, providing conditional sealing of some financial information, allowing the court to wait until the conclusion of a matter before assessing expenses for failure to admit, and adding dating violence to rules on domestic violence.• Small Claims Rules. Chair and Broward County Judge Sharon Zeller said two changes were proposed. One extends the time for setting the pretrial conference from the beginning of an action from 35 to 50 days because, she said, some parties weren’t receiving notification before the conference. The second requires a corporation to designate in writing a representative for small claims actions. Zeller said some corporations were sending secretaries or other observers to pretrial hearings and other proceedings who weren’t authorized by the corporations to settle or act for the company. She said the corporations don’t realize many cases are settled at those pretrial conferences.• Probate Rules. Chair Brian Felcoski said the proposed amendments were noncontroversial and intended to bring the rules up to date with an extensive rewrite of the probate code that was effective this year. Changes include rules affecting curators including extending the time for filing an inventory, changes affecting the resignation of a personal representative including separating the procedures for resignation from the procedures for removal, allowing the appointment of a voluntary guardian of property, and including a reference for termination of a voluntary guardian.The board’s action completes the review of procedural rules for the current Bar year and completes the first two-year cycle of rule reviews. Previously, all the procedural rules were reviewed every four years, but the Supreme Court adopted a new system for two-year review, with a staggered schedule.last_img read more

Watch Billy Joel Sing the National Anthem

first_imgView image | gettyimages.comUPDATE: Billy Joel sang the national anthem before Friday’s pivotal Game 3 at Citi Field. The Mets won that game but ended up losing the series Sunday night in heartbreaking fashion, blowing a 2-0 lead in the ninth. Maybe re-watching Joel’s performance will brighten up your day:ORIGINAL STORY:Mets fans will be in a New York state of mind in more ways than one come Friday evening.The Amazins’, who will try to climb out of a 0-2 hole in the World Series after dropping a pair of games in Kansas City, will be serenaded by none other than Oyster Bay-native Billy Joel, who was tapped by Major League Baseball to sing the national anthem prior to Friday’s pivotal Game 3 matchup against the Royals.The Mets haven’t played a World Series game in Queens since 2000’s Subway Series. Of course, back then, the team from Queens called Shea Stadium its home.Mets fans are hoping the famed crooner will bring the team good luck as it tries to avoid dropping the first three games of the Fall Classic.But leave it to the good people at Sports Illustrated to throw a damper on the Mets-Joel lovefest.According to SI, Joel has twice sung the national anthem in Queens before a Mets World Series game, in 1986 and 2000. The Mets lost both games. While the Mets still ended up winning the World Series in ‘86, they fell to the hated Yankees in 2000.With two strikes on the Piano Man, Mets fans can only hope Joel does his best Daniel Murphy impersonation and hits one out of the park.So, even if you’re not a Mets fan, can’t stand the pastime, struggle to fathom why athletes are compensated with multi-million dollar salaries to catch and hit baseballs, you’ll still probably want to tune in to the World Series Friday night.Joel has a long history with the Mets. He was the last musician to perform at Shea Stadium before it was demolished in 2008. Joel also closed down the beloved Nassau Veterans Memorial Coliseum, which is currently undergoing renovations following the New York Islanders’ move to Brooklyn. Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York last_img read more

UK master trusts question legitimacy of latest NEST consultation

first_imgNEST Corporation, the trust’s corporate sponsor, was created with a loan from the Department for Work & Pensions (DWP), and also received grants while auto-enrolment was still in relative infancy.The European Commission (EC) forced restrictions limiting members from transferring funds from other pension providers or contributing more than £4,500 (€5,710) a year, as NEST rivals private sector providers.In the summer, the EC agreed restrictions could be lifted in 2017 after an appeal from the UK government.However, Danish provider Now Pensions, part of ATP, said it continued to have concerns over the lifting of the restrictions.It also said it was unclear why this consultation was relevant.“The consultation question itself does not canvas opinion on the merits or otherwise of lifting the restrictions,” it said.“Instead, it is phrased from a legal perspective on the premise that the lifting of restrictions will, indeed, take place.”It also had concerns with the independence of the NEST team inside the DWP from the auto-enrolment team, with concerns that wider policy issues were being made with NEST’s commercial interests at heart.The company reiterated its desire to operate with a level playing field and berated NEST for its government funding and differing governance requirements as it chose to opt-out of a voluntary master-trust governance code.The People’s Pension, a master-trust service by not-for-profit firm B&CE, said there were fundamental questions on the market impact of lifting restrictions that the government had yet to answer.NEST currently charges 1.8% on upfront contributions and an annual management charge of 0.3%.B&CE director of policy Darren Philp said clarity was needed on whether 1.8% would be charged on pots transferring into NEST after restrictions were lifted.“If it is, then this disadvantages members,” he said. “If it isn’t, then this provides NEST with an unfair advantage, made possible through government funding.”Now Pensions said it and other providers wanted to continue serving the pensions market as auto-enrolment reached smaller employers.“This ambition will continue to require significant investment,” it said. “We do not have the luxury of government funding, and we, therefore, believe that a level playing field will be vital in this environment, to ensure that healthy competition continues.”Last year, the government announced it would lift the NEST restrictions, although the EC only agreed to this a year later. Rival master trusts to the UK’s National Employment Savings Trust (NEST) have questioned the legitimacy of a government consultation on lifting its transfer and contribution restrictions.The government is currently consulting on whether changes made to the legal order on the creation of NEST would be suitable for the removal of restrictions by April 2017.Master trusts Now Pensions and People’s Pension said the consultation was irrelevant and that wider questions should be asked over the impact.NEST has a public-service order to accept all employers auto-enrolling employees under their legal obligation.last_img read more

March 16 – 20 is Fix a Leak Week

first_imgSubmitted by Springer Plumbing This week is Fix a Leak Week! Seven years ago the WaterSense division of the EPA launched Fix a Leak week to help remind Americans to find and take care of leaks in their plumbing and irrigation systems. From March 16 through 22 WaterSense and various organizations around the country sponsor activities that educate people about the importance of saving water.How much water is being lost?A projected 10,000 gallons of water each year is lost due to leaks in an average American home. These leaks can be from dripping faucets, running toilets, trickling irrigation systems and more. All of this wasted water adds up to over 1 trillion gallons of treated, potable water that is lost each year. The good news is that there are some quick and easy steps you can take to find and fix leaks in your home.Do you have a leak?If you live in the city, check your water bill. If you see a surprising spike in your usage most likely you have a leak.Keep your eye on your water meter for an hour or two. If all the water in your home is turned off and your meter moves it is time to search for leaks.One of the sneakiest culprits of wasted water is a running toilet. Put a couple drops of food coloring in your toilet tank, if there is a leak the color will show in the toilet bowl without flushing.And the most obvious: listen for dripping faucets around your home.How can you help?Of course we encourage you to fix any leaks you find. If you aren’t up to tackle the task we would be more than happy to help.If your faucets, showerheads or toilets are older, consider replacing them with newer WaterSense-labeled fixtures. These reduce the flow of water while maintaining first-class function. If you are on city metered water, the investment of purchasing these water saving faucets will pay off in a matter of months.Save Water, Save MoneyIf any of these leaks are in your hot water lines, a great deal of energy is spent heating this water. By repairing the drips, water AND energy will be saved which also saves money. A leak of one drip per second can cost $1 per month. Do yourself and the planet a favor and spend a few minutes this Fix a Leak Week finding and repairing those leaks.Learn about City of Olympia Fix a Leak week activities here.  Click here to contact Springer Plumbing for all your leak repair and plumbing needs. Facebook6Tweet0Pin0last_img read more

Hawks handle Storm to clinch Cyclone Taylor Cup

first_imgHowever, after Dylan Heppler scored his second of the period to tie the game at 2-2, the Hawks scored four consecutive times en route to the BC Junior B Hockey League title.Blake Sidoni, Karten Jang, Bradley Ross and Nolan Percival also scored for Beaver Valley.Pearce Messer and Carter Hikichi replied for the Storm, winners of the Vancouver Island Junior Hockey League.Tallon Kramer was in goal for the Hawks, which outshot the Island squad 34-28.Beaver Valley defeated the Storm 6-0 to open the four-team tournament that sees winners of the KIJHL, VIJHL and Pacific Junior Hockey League clash for the BC Junior B title.Hawks lost to Aldergrove Friday before clinching a spot in the final with a win over KIJHL rival Creston Valley Thunder Cats.In the Bronze medal contest, Creston Valley Thunder Cats defeated Aldergrove Kodiaks 3-0. The Beaver Valley Nitehawks scored five unanswered goals to dump the Campbell River Storm 6-2 in the final of the Cyclone Taylor Cup Sunday in Creston.Kootenay International Junior Hockey League champion Beaver Valley, which last won the Cyclone Taylor Cup in 2014, now represents BC at the Keystone Cup later this month in Manitoba.This is the third BC Championship for the Beaver Valley franchise and the second straight Cyclone Taylor Cup for the KIJHL. In 2016, 100 Mile House won the title.Campbell River twice took one goal leads in a wide open first period that saw five lead changes.last_img read more

“Totem Pole Rock” CGGY8P GEOCACHE OF THE WEEK – 8/30/2010

first_img“Totem Pole Rock” GCGY8PSometimes what you see isn’t what you get.  According to the cache owner, the geocache “Totem Pole Rock” (GCGY8P) is really Gooney Bird Rock. Whether you call it Totem Pole or Gooney Bird, hcameron‘s hide has still been logged nearly 200 times.Gooney Bird RockThe difficulty 1, terrain 1.5 geocache was placed in September of 2003.  It has been found by geocachers from around the world.  Adventurers simply drive outside of Moab, Utah to find the geocache.  They should exercise some caution. As indicated by the vehicle in the picture above, four-wheel drive is recommended.”No Bull — Great Canyon” (GC12R1Z)The desert in the Moab area is rich with scenic geocaches.  A short drive away from “Totem Pole Rock” is “No Bull — Great Canyon” (GC12R1z).  See the picture on the right.As with any geocache in an extreme environment, take precautions.  Make sure you pack plenty of water, a first aid kit and food. Geocachers, prepared with supplies, recently rescued two women who were stranded in the desert not far from these geocaches.You can see all the Geocaches of the Week by clicking here.Share with your Friends:More SharePrint RelatedHome sweet boulder. — Lameirinha (GC16670) — Geocache of the WeekMay 9, 2013In “Community”The Director’s Travel Bug Hotel (GC3MFAD) — Geocache of the WeekOctober 15, 2015In “Geocache of the Week”A photo is worth 1000 finds? – The Mountain of Moonlit Rocks (GC1CB) – Geocache of the WeekJune 18, 2015In “Geocache of the Week”last_img read more

OSU is about to have a Kevin White problem

first_imgIf you’re looking for the comments section, it has moved to our forum, The Chamber. You can go there to comment and holler about these articles, specifically in these threads. You can register for a free account right here and will need one to comment.If you’re wondering why we decided to do this, we wrote about that here. Thank you and cheers! Kevin White does work on Baylor (USATSI).Kevin White does work on Baylor (USATSI).Who is Kevin White, you ask.He’s the latest in a very long assembly line of seemingly superhuman wide receivers constructed by Dana Holgorsen’s offensive fantasies.White is one of 12 Division 1 receivers averaging more than 100 yards a game and he’s first by a wide margin at 145 per outing.He’s the guy who did this on Saturday and told Baylor’s defensive backs backup would be needed after they spent a week spewing on social media about how he wouldn’t be posting his usual numbers on them.“You better get some help,” said White. “I might have told him that every time, to be honest.”So it will be left to Kevin Peterson to try and do what Baylor’s secondary (not to mention Alabama’s and Oklahoma’s secondaries) couldn’t do. Namely, shut White down.Screen Shot 2014-10-22 at 1.16.30 PMMike Gundy said on Monday he’s been nothing but impressed by No. 11.“He (White) is a really good player. He is going to play this game for a long time. I don’t know the young man personally, but I sure like what I see on tape,” said Gundy. “I like the effort and energy he plays with.”Is Peterson up for it? After watching what Rashad Greene did to OSU’s secondary in the season opener, I sure hope he is.“Kevin is a great player,” OSU safety Jordan Sterns said on Monday. “(Shutting someone down is) what you expect from Kevin. When they throw it in Kevin’s direction, (I’m thinking) incomplete or a gain of two. When he doesn’t want a ball caught on him, it usually doesn’t happen.”That will be tested on Saturday.Totally Tickets is your source for Oklahoma State football tickets.last_img read more

a month agoCrouch: Spurs just suffering blip

first_imgCrouch: Spurs just suffering blipby Paul Vegasa month agoSend to a friendShare the loveFormer Tottenham striker Peter Crouch insists their poor start to the season is just a “blip”.He wrote for the Daily Mail: “(Mauricio) Pochettino is the best thing that has happened to Tottenham in 20 years. I say that as someone who was at the club in the late 1990s and, again, 10 years later when Harry Redknapp took charge: I’ve seen good and bad times first hand and I know what I’m seeing now.”This is a blip, nothing more. I was at Leicester seven days ago and I didn’t see too much wrong with their performance. “They should, really, have won that game and I will argue with anyone who thinks VAR was brought in to decide offside calls like the one which went against Son Heung-min.” read more

Former Florida State RB Karlos Williams Doesn’t Like Desmond Howard’s Take On J.T. Barrett vs. Cardale Jones

first_imgKarlos Williams tweets shows he disagrees with Desmond Howard.Twitter/@Karlos_SrDuring a College GameDay segment about Ohio State’s high profile quarterback battle, Desmond Howard made it very clear who he believes will come out on top. Citing Cardale Jones’ Twitter antics, which he does not appreciate, Howard thinks that J.T. Barrett is a lock to win the job. Desmond Howard on J.T. Barrett: “He’s not really about the foolishness” Tell us what you really think— Land-Grant Holy Land (@Landgrant33) September 5, 2015Desmond Howard just called Cardale Jones’ tweets to Ronda Rousey “foolishness” and cited it as a reason J.T. should start. So there’s that.— Ben Axelrod (@BenAxelrod) September 5, 2015Former Florida State running back Karlos Williams, of all people, was very upset with Howard.Desmond Howard is a hater.— Karlos Williams Sr. (@Karlos_Sr) September 5, 2015He don’t know nun bout what players do in the personal time. He just talking.— Karlos Williams Sr. (@Karlos_Sr) September 5, [email protected] Bruh be hating.— Karlos Williams Sr. (@Karlos_Sr) September 5, 2015We probably wouldn’t have guessed that Karlos Williams would be a Cardale Jones defender this morning, but here we are.last_img read more

Mnuchin Next round of trade talks this month

first_imgWASHINGTON — Treasury Secretary Steven Mnuchin says the next round of trade negotiations with China will likely occur later this month in Washington.Mnuchin told reporters that Vice Premier Liu He was expected to lead a delegation to Washington “later in the month.”The Treasury secretary says that the partial government shutdown “would have no impact” on the efforts to reach a trade deal by a March 1.The Trump administration has suspended the imposition of planned tariff increases on $200 billion of Chinese goods until March 1 to give negotiators time to reach a wide-ranging agreement.Mnuchin did not provide a specific date for the talks, but The Wall Street Journal quoted unnamed sources as saying the tentative date for the meeting was Jan. 30-31.Martin Crutsinger, The Associated Presslast_img read more