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Sherri K. DeWitt
About Sherri K. DeWitt

Sherri K. DeWitt was born and grew up in Middletown, New York. She was admitted to the Florida Bar in 1982 and has been authorized to practice before the U.S District Court of the Middle District of Florida since 1983 and before the U.S. Court of Appeal since 1985. She received her B.A. Cum Laude in 1973 and Ph.D. in 1977 from State University of New York at Binghamton. Dr. DeWitt received her J.D. Degree from Cornell University in 1982. She was an editor of the Cornell Law Review and is the author of a book and numerous articles. Dr. DeWitt also is a certified mediator.

Education

J.D. Degree: May, 1982, Cornell Law School

  • Cornell Law Review, Editor

Cornell Institute on Organized Crime

  • Research Associate Florida State Law Review, Visiting Editor, 1981-1982

Ph.D. Degree: 1978, State University of New York at Binghamton, Political Science

  • President, Graduate Student Organization, 1976-1979

B.A. Cum Laude: 1973, State University of New York at Binghamton

  • Undergraduate Representative to Political Science Advisory Committee,
Recognitions
Notable Cases

Tax Deed Sales

  • Vosilla v. Rosado, 944 So. 2d 289 (Fla. 2006) (due process under the Fourteenth Amendment required the clerk to take additional reasonable steps to notify the owners of the tax deed sale.)
  • Surna Constr., Inc. v. Morrill, 50 So. 3d 47 (Fla. Dist. Ct. App. 5th Dist. 2010)(In any proceeding which is to be accorded finality, due process requires notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. Subject to this limitation, the legislature has the authority to determine the extent and character of the notice which shall be given by the state before property is sold for nonpayment of taxes.)

Family Law

  • Bacchus v. Bacchus, 108 So. 3d 712 (Fla. Dist. Ct. App. 5th Dist. 2013)(The clear purpose of § 741.30(5)(c), Fla. Stat. is to preserve the status quo pending a final evidentiary hearing. It does not contemplate entry of a series of temporary injunctions in lieu of a full hearing on a permanent injunction.)
  • Cogen v. Cogen, 2008 Fla. App. LEXIS 15246 (Fla. Dist. Ct. App. 5th Dist. 2008)(it was error to award rehabilitative alimony where the former wife failed to present evidence of a rehabilitative plan.)
  • Topel v. Topel, 2014 Fla. App. LEXIS 20588 (Fla. Dist. Ct. App. 5th Dist. Dec. 19, 2014)(alimony awards must be supported by competent, substantial evidence that demonstrates the need for support and the paying spouse’s ability to pay).
  • Garcia v. Roldan, 2012 Fla. App. LEXIS 10636 (Fla. Dist. Ct. App. 5th Dist. 2012)(Dominican Republic divorce was not finalized prior to entry into second marriage, so second marriage was void).

Business Litigation

  • Bank of Winter Park v. Resolution Trust Corp., 633 So. 2d 53 (Fla. Dist. Ct. App. 5th Dist. 1994)(A garnishee bank prevails over a judgment garnishor where the garnishee bank’s set-off rights accrued upon the depositor’s default prior to the bank receiving service of the writ of garnishment.)
  • Mt. Dora v. Jj’s Mobile Homes, 579 So. 2d 219 (Fla. Dist. Ct. App. 5th Dist. 1991)
  • Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 487 So. 2d 395 (Fla. Dist. Ct. App. 5th Dist. 1986)

Probate Litigation

  • Smith v. DeParry, 86 So. 3d 1228 (Fla. Dist. Ct. App. 2d Dist. 2012)
Publications
  • “Family Law Litigation: Initial Interview, Overview, Control and Focus”, National Business Institute, 2008
  • “Ethical Considerations in Real Estate Transactions”, National Business Institute, 2003
    The Florida Bar Action Line: Real Property, Probate, and Trust Law Section, March/April 1992, “What Real Property Lawyers Should Know About Bankruptcy.”
  • The Florida Bar Action Line: Real Property, Probate, and Trust Law Section, Sept/Oct 1990, “The Constitutionality of the Legislative Mandate to Server Counterclaims in Mortgage Foreclosure Actions.”
  • The Florida Bar Action Line: Real Property, Probate, and Trust Law Section, Jan/Feb 1990, Legislative Update, “Liens, Loans, and Title Insurance.”
  • Orange County Bar Briefs: April 1991, Co-Author: “Liquidated Damages Provisions Unenforceable: Alternatives.”
  • Handbook for Young Lawyers, Author of Real Property Section
  • Worker Participation and the Crisis of Liberal Democracy- Westview Press, 1980
  • “An Evaluation of Reverse Commute Demonstration Projects” National Science Foundation, Washington, D.C.
  • “Home Builders Association” magazine- miscellaneous articles
Professional Associations
  • The Florida Bar
    Judicial Relations Committee, 1998-2005
    Law and Education Committee, 1989-present
    Mid-Year Florida Bar Convention Committee, 1990
    Real Property and Probate Committee
  • Orange County Bar Association
    Member, Federal and State Trial Practice Committee
    Law and Education Committee
    Chair, Legal Forum Committee, 1987-1988
    Member and Chair, Publication Subcommittee of Real Property and Probate
  • Academy of Florida Trial Lawyers
    Chair- Elect Commercial Litigation Section, 1993-1994
    Secretary of Commercial Litigation, 1992-1993
    Board Member-1992 – Present
  • American Arbitration Association – Panel of Arbitrators
    Inns of Court – Member
  • Florida Association for Women Lawyers
    Secretary, 1990-1991
    State Representative, 1989-1990
    Chair, Mid-Year Meeting, 1990
    Bar Directory Committee 1990-1991
  • Central Florida Association for Women Lawyers
    Liason with Orange County Bar, 1987-1988
    Treasurer, 1985-1987
    Chair, Judicial Reception Committee, 1986
    Member, Bar Directory Committee, 1989
  • Young Lawyers
    Handbook for Young Lawyers
  • Association of Trial Lawyers for America – Member
Lectures
  • Speaker: Legal Issues with Tax Deed Sales, Barry Law School, 2008
  • Speaker: Family Law Litigation, National Business Institute, 2008
  • Speaker: Florida Real Estate Law: Solutions to the Most Common Problems, National Business Institute, 2003
  • Speaker: Statutory and Case Law Update, Academy of Florida Trial Lawyers, 1994
  • Speaker: Professional Liability, Academy of Florida Trial Lawyers, 1993
  • Speaker: Land Use Litigation, Academy of Florida Trial Lawyers, 1992 Annual Convention
  • Speaker: The Lender’s Approach to Bankruptcy
  • Lecturer: Mortgage Foreclosure Seminars
  • Lecturer: Central Florida Small Business Administration
  • Guest Speaker: SUNY Binghamton Alumni Assoc., The Binghamton Club, WSKG-TV
  • Guest Speaker: Consumer Legal Affairs: Case and Comment, Legal Considerations in Purchasing a Residence; FM90 Plus Radio
  • Invited Paper: “Liberal Democracy and the Modern Worker”
  • Legal and Ethical Considerations in Business, IBM Seminars, White Plains, N.Y.