Legal Briefs (Tampa)

Legal Briefs (Tampa)

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Jury sides with Rywant-Alvarez

team in federal bad-faith lawsuit

An insurance company's explanation over its failure to settle an accident claim with a policyholder didn't fare well with a Tampa federal jury. Earlier this month, the jury declared Metropolitan Property & Casualty Insurance Co. acted in bad faith by failing to settle within the limits of Mark E. Frohman's policy limits.

Frohman retained Mike Rywant and Kerry McGuinn Jr. of Rywant Alvarez Jones Russo & Guyton PA to plead the action. They sought about $984,835 in damages and costs.

It's uncertain exactly how much Frohman will collect on the verdict. U.S. Magistrate Judge Thomas B. McCoun, who presided at trial, reserved the right and jurisdiction over all issues related to damages, attorneys fees, costs, interest and prejudgment interest.

Rywant and McGuinn originally filed the complaint in October 2003 in the 13th Circuit, and the insurer's attorney petitioned for removal to the U.S. District Court, Tampa. Brian D. Stokes and Martin B. Unger of Orlando's Unger Law Group PL defended against the action along with Ernest Myers of Orlando's Marcus McMahon & Myers PL.

The dispute centered on an accident Frohman caused in April 2000 in Brandon, court records state. He was accused of crashing a car into a motorcycle driven by Albert Goble Jr., who suffered injuries in the accident.

Goble and his wife, Jean, offered to settle a claim against Frohman through their attorney Tim Prugh, court records state. However, the insurer failed to act on the settlement.

State Supreme Court reprimands

St. Pete attorney Nina Bauman

The Florida Supreme Court publicly reprimanded St. Petersburg attorney Nina Bauman in a March 17 order.

In August 2004, the Florida Bar filed an ethics complaint against Bauman on charges she represented a client on a matter that contradicted the interests of another client. She retained Clearwater attorney Joe Corsmeier to represent her.

Hillsborough Circuit Judge Claudia Isom served as referee and submitted a report on Feb. 22. Bauman did not contest the referee's recommendation of a reprimand and payment of $2,506 in costs.

Admitted to practice law in 2001, Bauman, 45, is a partner at Bauman & Wilcock PA. The firm focuses on business, computer and technology, construction, general civil litigation, mediation, probate, real estate and telecommunications law and other areas.

After 30 years, Trenam Kemker's

John Vento retires from Air Force

Tampa attorney John Vento began his military legal career at the MacDill Air Force Base 30 years ago. Now Vento has retired from the U.S. Air Force Reserve as a full colonel.

On his Jan. 1 retirement, Vento - an attorney since 1981 at Tampa's Trenam Kemker Scharf Barkin Frye O'Neill & Mullis PA - received the Legion of Merit. He earned the award for exceptionally meritorious conduct in the performance of outstanding services and achievements.

Since joining Trenam Kemker, Vento served as a reservist and spent much of his military duty as a judge advocate with U.S. Special Operations at Central Command at MacDill.

Vento's practice areas include construction litigation, government contracting and procurement law, corporate litigation, international litigation, mediation and arbitration.

Olson & Bearden discovers

flaw in barter deal with client

Late last year, South Pasadena businessman Holger Kratzik and his company, AK Tires USA Inc., retained Tampa attorney Laura Olsen to represent them in a trademark infringement action. Seminole-based NZO The Wheel Factory Inc. had accused Kratzik and his Tampa-based firm of unlawfully possessing about $19,651 in tire rims marked with the NZO trademark.

To help out the client, Olson, a partner at Olson & Bearden PA, accepted 400 tire rims out of the AK Tires' inventory in lieu of attorneys' fees. She agreed to do so only on assurances from Kratzik that none of the 400 wheels he bartered were the subject of the Seminole company's claim.

Late last month Olson learned troubling news. Kratzik told her that about 200 of the bartered wheels were subject to NZO's claims. Olson then asked the U.S. District Court, Tampa, for permission to withdraw as counsel to Kratzik and AK Tires.

"Olson & Bearden PA can only speculate as to the defendants' reasons for transferring 200 disputed wheels into their possession," Olson stated in a motion. "However, under the circumstances, regardless of the defendants' intent, Olson & Bearden PA believes that defendants' actions could have (and may have) compromised Olson & Bearden PA's reputation, both professionally and ethically."

U.S. District Judge Elizabeth Kovachevich granted the request.

Etc...

Bill McBride, partner at Tampa's Barnett Bolt Kirkwood Long & McBride PA, has been named chairman of the advisory board at Hyde Park Capital Partners. As chairman, McBride will assist the private investment bank with growing the business and developing its planned asset management business.

The team of Carrie Cherveny and Parrish Lentz, Stetson University College of Law students, won the regional round of the American Bar Association's Representation in Mediation competition. The win qualifies them for the national competition April 13-14 in Los Angeles. Stetson professors Kelly Feeley and Darryl Wilson coached the team.

The Stetson law school also seeks nominations for the 2005 William Reece Smith Jr. Public Service award. The deadline is April 8. Send nominations to Dotti Bressi, in care of the law school, 1401 61st St. S., Gulfport FL 33707.

- David R. Corder