The Justice Network has profiled on its website Susan DeMichelle and the dispute with Florida attorney Michael Laurato because of the injustice in this case. Mr. Laurato is one of a few attorneys who appears to misuse his law license, and friendship with colleagues, in a manner of revenge against people or situations where he perceives this is justified. The Justice Network believes this practice is unethical and undermines the profession of law.  

Susan DeMichelle is a California Certified Shorthand Reporter, and the owner for 36 years of DeMichelle Deposition Reporters, a Fairfield California company. Based on my knowledge and understanding of the dispute, in 2007 Mr. Laurato hired DeMichelle Deposition Reporters to make a transcript but later refused to pay a $481 invoice. After unsuccessful attempts to resolve the matter Ms. DeMichelle obtained a judgment against Mr. Laurato in California court. In 2008 Ms. DeMichelle sought to enforce the judgment in Hillsborough County Small Claims Court, Case No. 09-CC-006533.

The record shows that Mr. Laurato commenced a declaratory judgment action against Ms. DeMichelle August 13, 2009. The case went to bench trial October 25, 2010 before The Honorable Eric Myers, who ruled in favor of Ms. DeMichelle. I personally attended the three-hour bench trial from start to finish. Tampa attorney Ardyn Cuchel represented Mr. Laurato and his firm Austin & Laurato, P.A. Ms. Cuchel is a friend and colleague of Mr. Laurato. 

To defend the declaratory judgment action before Judge Myers, Ms. DeMichelle hired attorney Brian Stayton on an hourly basis. Ms. DeMichelle traveled 3,000 miles to attend the hearing. I personally reviewed Ms. DeMichelle’s expenses which exceed $10,000. 

Mr. Laurato appealed Judge Myers ruling December 27, 2010, Appellate Case No. 10-CA-024210, Hillsborough Circuit Civil Court. Ms. Cuchel represented Mr. Laurato and his firm Austin & Laurato, P.A. and filed a 32 page initial brief April 26, 2011. The appeal was decided in favor of Ms. DeMichelle November 7, 2011.
 
Miami Beach attorney Howard Levine commenced a defamation lawsuit against Ms. DeMichelle over her blog about this matter. Mr. Levine is also a friend and colleague of Mr. Laurato.  

Our legal system depends upon the integrity of individual members of the bar and bench to follow the rules and codes of the legal profession and the judiciary. It appears that integrity has broken down in this case with regard to Mr. Laurato. The practice of law is a profession the purpose of which is to supply disinterested counsel and service to others using independent professional judgment. In this case Mr. Laurato’s exercise of independent professional judgment is materially limited by his own interest and conflict. The fact that Mr. Laurato has enlisted two friends and colleagues to litigate against Ms. DeMichelle does not change the underlying fact that the litigation was initiated by Mr. Laurato against Ms. DeMichelle in connection with what appears to be a personal vendetta.

Mr. Laurato is a colorful character, as shown by Colleen Jenkins, a writer for the St. Petersburg Times, in her column October 3, 2010, Brash Tampa lawyer attracts attention, good and bad. It is clear from reading the 178 comments to the online Times story that Mr. Laurato has brought discredit to the practice of law.

In another matter, the Florida Supreme Court issued a public reprimand and taxed costs of $4,002.44 against Mr. Laurato in bar complaint 2007-11,274(13D). Mr. Laurato was found guilty of giving false testimony in a civil lawsuit with the Naffco company in Tampa, a violation of Bar Rules 4-8.4(c), Florida Supreme Court case number SC09-1953.

On February 13, 2011 Mr. Laurato was arrested for disorderly conduct by the Seminole Tribe Police at the Seminole Hard Rock Casino near Tampa. Ms. Cuchel successfully defended Mr. Laurato in the criminal misdemeanor case, no. 11-CM-003078 Hillsborough County, Florida. Court records show that Mr. Laurato was asked to leave the Green Room Restaurant, refused, engaged in profane language, and was arrested. In defending her client, Ms. Cuchel successfully argued that Mr. Laurato’s profane language was protected by the First Amendment and Florida law.

As I wrote on the Justice Network, when three lawyers gang up on a hard working court reporter like Susan DeMichelle, who is just trying to collect payment for a transcript ordered by Mr. Laurato in connection with the practice of law, something is wrong with the legal system and The Florida Bar. I stand by that statement.

Brash Tampa lawyer attracts attention, good and bad

St. Petersburg Times
By Colleen Jenkins
October 3, 2010



Civil trial lawyer Michael Laurato is bold and unapologetic about his tactics, but he has drawn the ire of the Florida Bar.

California deposition reporter Susan DeMichelle sued Tampa lawyer Michael Laurato to get paid for services. Conflict enters fourth year.

In 2007 Mr. Laurato hired DeMichelle Deposition Reporters of Northern CA but refused to pay a $481 invoice. After unsuccessful attempts to resolve the matter she obtained a judgment against him in California court. In 2008 she sought to enforce the judgment in Hillsborough County Small Claims Court, Case No. 09-CC-006533. Mr. Laurato commenced a declaratory judgment action against her August 13, 2009. The case went to bench trial October 25, 2010 before The Honorable Eric Myers, who ruled in favor of Ms. DeMichelle. To defend this case she hired attorney Brian Stayton and traveled 3,000 miles to attend the hearing. Mr. Laurato appealed Judge Myers ruling December 27, 2010, Appellate Case No. 10-CA-024210, Hillsborough Circuit Civil.

Below is a 32 page initial brief by Ardyn Cuchel on behalf of Mr. Laurato’s firm, Austin & Laurato, P.A., in appeal of Ms. DeMichelle’s court victory. If an attorney of conscience reads this injustice please assist Susan DeMichelle if you can. Susan is a hard working court reporter just trying to collect payment for a transcript ordered by Mr. Laurato. 

The Law Office of Ardyn Cuchel, 3444 S West Shore Blvd., Tampa, FL 33629

Michael Laurato, the Tampa lawyer who lost in court to Susan DeMichelle and won’t pay his court reporter bill, has sued her for defamation over her blog. Attorney Howard J. Levine filed the lawsuit on behalf of Mr. Laurato and is representing him, likely at little or no cost. Attorney Ardyn Cuchel is representing Laurato on the appeal of Ms. DeMichelle’s court victory before Judge Eric Myers in Tampa October 25, 2010. All this because Laurato refuses to pay DeMichelle $481 for a transcript he ordered.

Laurato v DeMichelle
Case No. 11-09972CA21
Complaint for Defamation
Filed March 31, 2011

Eleventh Judicial Circuit, Florida
Miami-Dade County, Florida
Click to view the Miami-Dade County docket, and search DeMichelle, Susan

The Florida Bar
651 E. Jefferson Street
Tallahassee, Florida 32399
Main number (850) 561-5600
ACAP 1-866-352-0707

Law Office of Howard Levine
1560 Lenox Ave, Ste 307
Miami Beach, Florida 33139
Phone: (305) 534-0403
e-mail: hlevineesq@aol.com

The Law Office of Ardyn Cuchel
3444 S West Shore Blvd.
Tampa, FL 33629
Phone: (813) 639-7611
email: ArdynVCuchelPA@yahoo.com

Citing Attorney's Inflammatory Language, Court Erases Most of Jury Verdict
Law.com
by Adolfo Pesquera
August 27, 2010

A Florida appeals court has erased most of a jury award due to an attorney's inflammatory and prejudicial language while representing a man injured when granite fell on his head in an elevator. The unanimous panel said lawyer Michael V. Laurato's theme in arguments was to disparage the defendants as greedy, arrogant and callous corporate types who had no intention of compensating Christian Kowalski for his injuries. Laurato said the defendants kicked Kowalski "out on the street like a dog," according to the opinion. Read more

Appeals Court Grants New Trial Due to Plaintiff Attorney’s Inflammatory Language
ABA Journal Law News Now
by Martha Neil
August 27, 2010

Finding that a trial judge had abused his discretion by failing to do so, a Florida appeals court has granted a new trial on most issues in a personal injury case because of inflammatory remarks made by the plaintiff's lawyer in opening and closing remarks.

For example, attorney Michael Laurato of Austin & Laurato in Tampa implied that the defendants had tampered with the evidence—which, in addition to being an improper comment was also irrelevant, because liability had been admitted, the Daily Business Review reported.

A unanimous 3rd District Court of Appeal panel threw out all but $30,000 of a $413, 434 verdict in the case, which concerned a man who was injured when a piece of granite tile fell onto his head as he was riding in an elevator. Read more

Michael V. Laurato arrested for Disorderly Conduct by the Seminole Tribe Police at the Seminole Hard Rock Casino February 13, 2011 at 4:57 AM. Booking # 11007481.

The Tribe does not have a court system.

Mr. Laurato was taken to the Hillsborough County Sheriff’s Office

Seminole Hard Rock Hotel and Casino

Tampa attorney Ardyn Cuchel successfully defended Mr. Laurato, who was arrested February 13, 2011 for disorderly conduct, according to law enforcement records.

The misdemeanor case, no. 11-CM-003078 Hillsborough County, Florida, has been closed according to documents provided to the Justice Network.

According to court records, the state was not able to make a case against Mr. Laurato for disorderly conduct resulting from an alleged incident in the "Green Room" restaurant located in the Seminole Hard Rock Casino.

Court records show that Mr. Laurato was asked to leave the Green Room, refused, engaged in profane language, and was arrested by the Seminole Police Department.

In defending her client, Ms. Cuchel successfully argued Laurato’s speech was protected by the First Amendment and Florida law.

A notice of termination of prosecution was furnished to the court February 25, 2011 by State Attorney Mark A. Ober. The court records are below in PDF.

Seminole Police Department
3101 N State Road 7
Hollywood, FL 33021

The Tribe does not have a court system; legal and criminal matters not resolved on the community level are referred to the proper state or federal authorities.

Read more

Indian Reservations are Sovereign Nations

USATourist.com

The Indian reservations are actually sovereign nations within the United States of America. They govern themselves; maintain their own police force and their own system of justice. When you visit a reservation, you are under the laws of the tribe. Some Indian tribes have taken advantage of this independent political status by allowing gambling on their reservations while the states around them prohibit it. Indian casinos now attract many tourists from the surrounding no-gambling states. On some reservations, the tribes also sell cigarettes, alcohol or gasoline at reduced prices due to their exemption from state taxes. Read more

Tampa pain clinic owners facing drug trafficking, racketeering charges
St. Petersburg Times
by Jodie Tillman
June 4, 2011

TAMPA — In July, police raided and shut down a Dale Mabry Highway pain clinic they suspected of being a pill mill. Six months later, officers arrested the co-owners and a physician.

But Hillsborough prosecutors did not follow up by actually filing charges until this week — and the case looks like a big one: 82 counts, including drug trafficking, conspiracy and racketeering against the 1st Medical Group married co-owners Michele Gonzalez and Jorge Gonzalez-Betancourt and a doctor, Kimberly Daffern.

Office manager Maureen Altman and clinic employee William Pernas, face 11 and nine conspiracy charges respectively.

But Michael Laurato, an attorney for two of the defendants, called the 178-page charging document a ploy by prosecutors: The charges were filed Wednesday — the day before an appeals court heard arguments on whether Tampa police must turn over the more than $220,000 that was seized from the clinic and Gonzalez-Betancourt's car and home. Read more

Lawyers Sanctioned for E-Mail Insults, Including ‘Scum Sucking Loser’ Comment

ABA Journal Law News Now
January 3, 2011
By Debra Cassens Weiss

Two Florida lawyers who called each other a "retard" and "scum sucking loser" in escalating e-mail insults have been sanctioned by the state supreme court.

Nicholas Mooney of Tampa, a lawyer representing Volkswagen of America, received a public reprimand and must take a class on professionalism, according to the St. Petersburg Times. He is identified as a former partner at Hinshaw & Culbertson and a lawyer for Bromagen & Rathet on the law firm’s website. Kurt Mitchell of Palmetto, an accident lawyer who is identified as "an experienced litigator and biker" on his website, was suspended for 10 days and must attend an anger management class, the story says.

The St. Petersburg Times cites e-mails quoted in the bar complaints against the men. At one point, Mooney called Mitchell a jerk; at another, Mitchell called Mooney an "old hack." Later e-mails went so far as to insult wives and children. They story cites these exchanges:

• From Mooney to Mitchell, written after an accusation that he couldn’t handle the pressures of litigation: Mooney said he was handling more than 200 cases, "many of which were more important/significant than these little Mag[nuson] Moss [warranty] claims that are handled by bottom feeding/scum sucking/loser lawyers like yourself."

• From Mitchell: Mooney displays symptoms of a disability marked by "closely spaced eyes, dull blank stare, bulbous head, lying."

• From Mooney: Mitchell should look in the mirror to see signs of a disability. "Then check your children (if they are even yours. … Better check the garbage man that comes by your trailer to make sure they don't look like him)."

• From Mitchell, after learning Mooney's son suffers from a birth defect: "While I am sorry to hear about your disabled child, that sort of thing is to be expected when a retard reproduces."

Read more

Court punishes bay area lawyers who called each other 'hack' and 'loser' — and worse

St. Petersburg Times
By Lee Logan, Times Staff Writer
December 31, 2010

TAMPA — The e-mail messages show two lawyers trying to schedule hearings and depositions for a lawsuit. They can't agree on dates, or much of anything else. Then it gets ugly. 

Tampa lawyer Nicholas F. Mooney calls his opponent a jerk and a "junior lawyer." Palmetto lawyer Kurt D. Mitchell questions Mooney's mental health. The name-calling continues over six months.

Now the Florida Supreme Court has weighed in, issuing sanctions for both lawyers.

After two complaints by the Florida Bar, Mitchell was suspended for 10 days and was ordered to attend an anger management class. Mooney gets a public reprimand and must take a class on professionalism.

All because the men refused to be civil.

• • •

Neither lawyer answered calls for comment or responded to e-mails Thursday. But several e-mail exchanges between them included in the Bar complaints paint a vivid picture of their disagreements.

It started in May 2008. Mitchell was representing a plaintiff in a lawsuit against Volkswagen of America. Mooney was the attorney for the car company.

The two men couldn't agree on the date of a hearing. The first volley came from the 50-year-old Mooney, who addressed his colleague as "Junior."

"Please do not send me any more of these absurd emails. While I am happy to know that you are also the judge in this case, your continued unprofessional & juvenile behavior is not necessary," he writes.

Mitchell, 36, responds in kind: "Old Hack: Your unprofessional and otherwise asinine behavior is not necessary. Learn to litigate professionally and these issues will be avoided."

The issues were not avoided.

In another exchange in August, the two men tried to schedule a deposition. Mitchell accused Mooney of not being able to handle the pressure of litigating. Mooney said his caseload includes more than 200 cases, "many of which were more important/significant than these little Mag Moss claims that are handled by bottom feeding/scum sucking/loser lawyers like yourself."

Other nicknames found in the messages: "Sparky" (for Mitchell) and "Corky" (for Mooney).

In October, the insults got truly personal. Mitchell said he was looking online for a mental disability based on Mooney's "symptoms," such as "closely spaced eyes, dull blank stare, bulbous head, lying and inability to tell fiction from reality." Mooney, who said his son has a birth defect, called Mitchell a jerk and suggested he look in the mirror for signs of mental disability. "Then check your children (if they are even yours. … Better check the garbage man that comes by your trailer to make sure they don't look like him)."

Mitchell's reply: "While I am sorry to hear about your disabled child; that sort of thing is to be expected when a retard reproduces. … Do not hate me, hate your genetics. However, I would look at the bright side, at least you definitely know the kid is yours."

This fall, a judge dismissed the car company lawsuit with prejudice. That means the two sides can't re-litigate the case. Read more