Res Gestae - July 2013

RES GESTAE

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

JULY 2013

The Membership Committee It’s all about YOU

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Contents 6

Letter from the President

8

Letter from the Editor

by Nanci DuBois

Dean Milhizer’s Side Bar

by Mary C. Evans, Esq.

13

239.334.0047 resgestae@leebar.org

staff box

Command authority and sex offenses

by Dean Eugene R. Milhizer

15

16

Terry’s Take on Things

Two bites at the apple

by T. Rankin Terry, Jr.

16

The Dish

by Sara Fitzpatrick Comito

LAYOUT AND DESIGN Kat Godina

Beware When the Law Hasn’t Caught Up to Technology

ADVERTISING DIRECTOR Linda Fiore 239.690.9840

A story of determination

by Luis E. Insignares, P.A.

21

Community Connection Special Equestrians

21

by Sara Fitzpatrick Comito

24

Pursuit of Happiness The Membership Committee is all about you

by Sara Fitzpatrick Comito

26

24

Appellate Brief Writing 101 Initiating an Appeal: Navigating the Notice & Remembering the Record

by Margaret H. White-Small

28 29 33

100 Club Members Social Scene On the Bench Hon. Archie B. Hayward Jr.

by Sara Fitzpatrick Comito

34

From the Bar

Mark A. Steinberg, Esq.

by Sara Fitzpatrick Comito

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RES GESTAE | JULY 2013

EXECUTIVE EDITOR Nanci DuBois 239.334.0047 ASSOCIATE EDITOR Sara Fitzpatrick Comito

Fish Tale Grill

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PUBLISHER Connie Ramos-Williams 239.690.9840

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Legal Briefs

40

Calendar of Events

News and Happenings

CONTRIBUTING WRITERS Sara Fitzpatrick Comito Nanci DuBois Mary C. Evans, Esq. Dean Eugene R. Milhizer Luis E. Insignares, P.A. T. Rankin Terry, Jr. Margaret H. White-Small BILLING INQUIRIES 239.334.0047 Res Gestae is published monthly by CONRIC Publishing in partnership with Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org.

We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing.

ON THE COVER: LCBA Membership Chairman Carlos Kelly COVER PHOTO: Kat Godina Copyright 2013. Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association. To inquire about such permission, please contact Nanci DuBois, Executive Director of the Lee County Bar Association at info@leebar.org.

Note from the President Lee County Bar Association Golf is infuriating. I learned this recently when I participated in the Voices For Kids charity tournament hosted by the Lee County Bar Association. The most recent tourney was the first one I have golfed in, and, in fact, was the first time I had golfed. Ever. It may be my last. I was looking the part in my brand new, specially purchased, matching purple ensemble complete with a Titleist hat, in which I (surprisingly) didn’t look too dorky. If only I could have played the part in equal proportion to looking the part. Hah. I was well-prepared in the equipment department with borrowed clubs from a local pro and a bag of “experienced” golf balls my husband had purchased for me.

(Buy one, get 35 free.) The pro gave me a ten minute golf lesson in the shop. And, because I was worried about looking like a complete ass on the course, I went to a driving range where I actually got the ball into the air. Once.

So, Saturday morning at O Dark Thirty we left our house, four teammates hopeful for a fun, relaxing, productive day of golf. Double-hah. The day began well, with a few not-so-horrible practice shots at the driving range. Raptor Bay was beautiful and the weather was cool, until about hole number two. I’m not sure when the profuse sweating began, but it didn’t help my already-marvelous game. On the contrary, I am totally sure when the cursing began, which didn’t help my game either but, damn it, I felt better. Evidently, it made my partners feel better too. By hole number three we had used six out of George Carlin’s seven dirty words. If my father were a truck-driving-sailor, he would have been so proud! But I digress.

At every hole my husband would say: grab the three, grab the seven, grab the putter. Blah blah blah. As if a different club mattered. I could have grabbed a palm frond. I would have dug less holes. Or not have heard that whiff sound when I missed. I really hate that sound.

So what’s the point to my rambling? There are several, actually. First, we are a bunch of smarty-pants lawyers who want, nay, need, to be in control. Golf is a good lesson in humility and a good reminder that we are, in fact, NOT in control. Second, no matter your game, golf is exercise and who couldn’t benefit from more of that? Third, think outside the box! It’s good to step outside our comfort zones. Even if it’s just for a sweaty, infuriating, @#$%&! few hours. |RG| Mary C. Evans, Esq. mary@maryevanslawyer.com | (239) 226-1062

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RES GESTAE | JULY 2013

ADMINISTRATIVE TEAM EXECUTIVE DIRECTOR Nanci G. DuBois EXECUTIVE ASSISTANT Lisa Poulin LAWYER REFERRAL & PRO BONO COORDINATOR Ghaylene Reyes

EXECUTIVE COUNCIL PRESIDENT Mary C. Evans, Esq. VICE-PRESIDENT John D. Agnew, Esq. SECRETARY Anne Dalton, Esq. TREASURER Scott Atwood, Esq. MEMBER-AT-LARGE Kelly Fayer, Esq.

YOUNG LAWYERS DIVISION PRESIDENT John Miller, Esq.

COMMITTEES

HISTORY E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. LAW RELATED EDUCATION Jamie Maurer, Esq. LAW WEEK Hon. John S. Carlin LIBRARY Robert L. Donald, Esq. MOCK TRIAL VACANT PAST PRESIDENT Karla Y. Campos-Andersen, Esq. PRO BONO Vanessa Cordero, Esq. and Katie Berkey, Esq. MEMBERSHIP Carlos Kelly, Esq. SOCIAL EVENTS Amanda Mitteer-Bartley, Esq. and Theresa Daniels, Esq. TECHNOLOGY Michael E. Chionopoulos, Esq.

PRACTICE SECTION CHAIRS

ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. CRIMINAL LAW Keith Upson, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. GENERAL CIVIL & BUSINESS LITIGATION J. Jeffrey Rice, Esq. TORT LITIGATION Preston John (PJ) Scheiner, Esq. FAMILY LAW Rana Holz, Esq. & Jo Ellen Kane, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq.

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Letter from the Editor “Where There’s a Will, There’s a Way” Maybe your mother said it, when you faltered and wanted to back away from a challenge. Maybe you’ve said this to yourself a few times, when the going got rough.

But in the legal vernacular, a will is nearly as important as tenacity and strength of purpose. Is yours in order?

This is just a gentle reminder to make sure those you care most about would have one less thing to be sorry about if you were no longer here to protect them.

A recent review of my own will revealed the need for a serious overhaul. I no longer own certain named assets, and some people who would have received gifts would have been hurt and confused by having been named only to find the particular piece of jewelry gone forever. Likely the piece was melted down within 24 – 48 hours, according to the officer investigating the burglary. So I’m doing the update to my will, and as an attorney or judge, you may not have actually considered doing so yourself. “The cobbler’s children always go barefoot!” In other words, maybe it’s time to think about who’s closest to home and your heart and make the necessary adjustments to your will. “Where there’s a Will, there’s a way”…to make the way easier for your loved ones.

And, while you’re at it, make sure you have an updated Inventory Attorney listed with The Florida Bar. Nobody plans for a fatal accident, but this is another loose end that you’ll want to tie up in your professional life. It’s practical, ethical, and responsible to do so. |RG|

Got pics?

Shutterbugs unite! If you have photos of your colleagues and friends or presentations taking place at recent events like the Florida Bar Annual Convention in Boca Raton, we’d love to see them. Just send your best shots to resgestae@leebar.org and they could be included in an upcoming Social Scenes section. Maybe you’re planning to attend the LCBA Raising the Bar art show at the Sidney & Berne Davis Art Center this month – we hope so! Try and capture some of the action for us, won’t you? Just include “Social Scene photo submission” in your subject line, and identify the people left to right, as well as what’s happening in the photos. As always, check out the Event Calendar in the back of this magazine for plenty of opportunities for networking, education and fun. And if you have an event you’d like to submit, send it to the same email address!

Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102

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Dean Milhizer’s Side Bar

Command Authority and Sex Offenses

by Dean Eugene R. Milhizer The concept of military justice is an easy target, even an The rationale for commanders’ traditional authority is oxymoron. You have probably heard the canard that military manifold but essentially boils down to the need for unity justice is to justice as military music is to music. Assuming of leadership to achieve the military objectives and needs, this was once true, this and similar caricatures are now largely especially good order and discipline. Commanders are born of unfamiliarity, prejudice and Hollywood-inspired ultimately responsible for accomplishing the mission, and for stereotypes. As a retired Army judge advocate with first-hand preserving the lives and welfare of those under their command. knowledge, I believe that the military justice system compares This plenary authority includes seeing that justice is done. favorably to the criminal justice system in most civilian The traditional rationale for command authority recognizes jurisdictions. F. Lee Bailey, a former Marine judge advocate, that while justice demands that only the guilty be convicted once said that if he was guilty he would prefer to be tried in a and appropriately punished, military needs may influence civilian trial, and if he was innocent he would prefer to be tried how “prosecutorial discretion” and “mercy” are exercised to by court-martial. I concur. accomplish this end. Further, it holds that commanders are It is against this backdrop that we should assess proposed in the best position to exercise discretion and mercy, at least legislation that would fundamentally change the military initially. justice system, by essentially removing commanders from the Critics contend that commanders instead too often criminal justice process. The precipitating event for this effort whitewash sex cases, or tend to give alleged offenders the is a recently released survey of military personnel that estimates benefit of the doubt or fail to hold them accountable. No that 26,000 service members were sexually assaulted last year, doubt all of this is sometimes true, although it is debatable how as well as individual accounts of particularly disturbing crimes often this happens in an absolute sense or in comparison to and behavior. These estimates, even if remotely accurate, civilian jurisdictions. More to the point, it is not at all clear are appalling. Further, any complicated system or process, that diminishing command authority will aid in effectively including the military justice system, can be improved. The addressing sex offenses in the armed forces, which many question is whether the military justice system needs to be observers attribute to causes such as military culture and age dramatically and fundamentally changed in order to address demographics. more effectively sexual assaults within the ranks.

All would agree that the survey results demand attention.

Many of the proposed reforms center on removing the It is appropriate for Congress and the military to investigate commanding officer’s power in sex offense cases to decide comprehensively how sex crimes are handled within the ranks. who will be tried, and whether a conviction and punishment This process will likely identify specific reforms to improve will stand. It has been proposed that these decisions should to the system, and better deter and punish sex offenses. But instead be made solely by independent prosecutors and judges. lawmakers should resist the urge to diminish precipitously To evaluate the wisdom of these approaches requires some the armed forces’ bedrock foundation of command authority. understanding of the historical purpose and importance of The military and its system of justice have served our nation command authority. well for generations, and we should be careful not to change During the latter half of the twentieth century, the armed it abruptly and perhaps ineffectively in our well-intentioned forces adopted modern rules of evidence and criminal trial desire to address an important concern. |RG| procedures similar to those in federal courts. The military also instituted the position of military judge, which performs in virtually all respects in the same way as a civilian trial judge.

Likewise, military members now act in ways that are largely similar to civilian jurors.

But while these modern trial rules and processes have been implemented, the military has retained the commanders’ traditional power to decide whether a case is tried, and whether a conviction and sentence will be affirmed, in whole or in part, Ave Maria School of Law President and Dean, Eugene R. Milhizer, has prior to any appellate judicial review. In contrast, in civilian presented lectures, speeches, and seminars at law schools and other venues systems prosecutors decide who will be tried and judges have across the country, and his legal scholarship has been published in many the exclusive authority (besides pardons) to dispense post-trial prestigious law journals. He can be reached at ermilhizer@avemarialaw.edu, or at 239-687-5305. www.avemarialaw.edu. relief.

RES GESTAE | JULY 2013

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Terry’s Take On Things

Two Bites at the Apple The voluntary non-suit rule

by T. Rankin Terry, Jr.

I apologize for “getting down in the weeds” on an issue this month.

After a rather strange history and considerable time the Florida Supreme Court decided the case of Pino v. The Bank of New York, --So.3rd--, 38 Fla.L.Weekly S78 (Revised Opinion March 14, 2013). On its face the court allowed the bank* to get away with committing fraud on the court. However, what allowed the bank to get away with the fraud was “the voluntary non-suit rule” a/k/a Fla.R.Civ.P. 1.240(a)(1) which allows Voluntary Dismissals Without Prejudice. Or, in lay terms, if the Statute of Limitations has not run, allows another bite at the apple.

Those who practice in Federal Court know that things are not so easy over there – you have to get permission of the court under Federal Rule 41(a)(2).

The Supreme Court has asked bar committees to consider whether the rule should be changed. Not to prejudge it, but I doubt if there will be any bar committee recommended changes until the court says they want it changed. No one can argue that if the Federal Rule had applied the Bank of New York would have had to walk a different line in Pino.

The rule is a card held by the plaintiff unless the defendant has filed a counter-claim. A counter-claim is an insurance policy against the plaintiff filing a voluntary non-suit but first you have to have a counterclaim; you can’t just go gin one up for the sake of the suit. As Dodd-Frank becomes better known and its terms and provisions fleshed out expect more counterclaims.

Laying aside the fairness issue, the policy decision is that if a plaintiff ’s case takes a turn for the worse they are able to start over. This need can arise from many causes. Mostly it involves witnesses. A trial is usually very important to the parties but not so important to non-party witnesses. When an important witness threatens to “no-show,” chasing them down and threatening them with presence or jail is not always realistic.

With technology, witnesses’ testimony can be “canned” before trial but if situations change right before or during trial, a witness’ canned testimony may lose some force.

Bank mortgage foreclosure cases are different from other typical civil cases. The work is in the discovery. The fraud in the Pino Case was discovered by noting that the facts alleged in the complaint did not match the facts on the documents. It was not a “robo signing” case, but no doubt there were many

robo-signing cases in the pipeline.

Sadly the court passed up the opportunity to set forth exactly what was required to plead and prove a mortgage foreclosure.

Most importantly, that equity dictates one dereign the title to the mortgage such that it matches it’s recorded chain of title and ends before the foreclosure is filed with the Plaintiff being the record owner and since under the UCC ownership of the note means nothing, only the one who physically has it in their hands (holds it!) can sue on it; you can’t just casually claim that it is lost without putting up considerable bond. Under the UCC a note endorsed in blank is technically just like money (silly but true).

As this is being written the 2013 Legislature’s amendment to the mortgage foreclosure law is before the Governor. Its fate will be known by the time this is published. Having had a tiny bit of input into its contents I submit it as an excellent example of not letting the perfect become the enemy of the good. It goes a long way in setting out what is required to be done to properly plea and prove a residential foreclosure case. If it is signed I’ll plan to discuss it the next time I write.

In Pino the court plows around in all of the considerations for having a voluntary non-suit rule. There is no discussion of the Federal Rules and the relative advantages of the court having or not having some superintendence over the process.

The fact that a defendant has no similar second bite at the apple if their case goes bad is not dealt with. The fact that most of the problems where voluntary non-suits are considered could be dealt with by continuance motions seems to have been washed over by the fact that the case arose as a mortgage foreclosure. * I infer from the various opinions and Official Records that the Pinos themselves came out OK. It appears, though, one cannot be sure and I have no inside information, that Bank of New York settled with them, released the mortgage, and canceled the note. The court refused to let the issue go away and kept the case active. |RG|

T. Rankin Terry, Jr., BSME (Kentucky), JD (Washington Univ. St. Louis), LLM (Tax) (Florida), has been board certified in Civil Trial since 1983 and a Certified Mediator since 1994. He has practiced in Fort Myers since 1972. His email address is trterry@gmail.com.

RES GESTAE | JULY 2013

15

The Dish

by Sara Fitzpatrick Comito

Even if you haven’t visited Merrick Seafood in the 22 years it’s been open, I can bet real money you’ve enjoyed their product. If you have dined on quality fish, lobster and shellfish at a restaurant anywhere between Captiva, Cape Coral, Fort Myers and Naples, chances are very good it came from Merrick.

Having worked at several fine-dining establishments before finally getting that pesky English degree to pay some of the bills, I personally accepted countless shipments of icy boxes of mahi fillets, grouper and whole tuna loin (lift from the knees!), all bearing that trusted logo.

Your friendly neighborhood fish purveyor now has a new logo. Don’t worry, they still offer freshly filleted favorites and their famous “we make, you bake” ready-assembled meals complete with instructions at their convenient Cape Coral storefront. But that family-run establishment also now houses Fish Tale Grill, offering a fresh new take on quality seafood.

My companion and I had the pleasure of being served

by Coral – her real name. She’s a native New Englander like myself, so I trusted her when she said the lobster roll is as good as any one could hope for on the coast of Maine. She pointed it out as she went to serve a customer seated on the outdoor deck. It indeed rendered me nostalgic for my family car trips and oh, I will return for that summertime standard served on a toasted buttered bun. This time, however, I wanted to enjoy the modern furnishings of the shiny new build-out, replete with sculptural wall panels suggesting ocean currents, deep blue paint and touches of chrome, and discover how Merrick’s new vision plays out in its more-inventive plates.

Fresh seafood shines on its own. There is a type of law of diminishing returns when a chef tries to do too much with a simple palette of flavors and textures. However, there seems to be no such danger at Fish Tale. Although playful, the treatment

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RES GESTAE | JULY 2013

of the ingredients indicated a deep respect both for the product and the customer. The kitchen reserves its right to change up the menu, too. As new fresh product comes in, it presents itself as a blank slate, and no one ever wants a bored kitchen staff.

The Dish A seared, Asian-spiced ahi tuna loin was sliced to reveal the deeply red interior of the flesh inside. Yellowfin tuna needs a lot of oxygen in its muscles to swim continuously, and a judicious tenure in a smoking hot pan is all it takes to highlight the meaty flavor, while keeping the texture buttery enough to cut with a fork. Served as an appetizer on this day, the fish was presented on a lovely little plate of delicate somen noodles, seaweed salad, fresh mango and dots of a creamy, homemade wasabi sauce (Coral assured us nothing comes out of a bottle or box).

Next we sampled a special appetizer of colossal shrimp, tempura-battered and fried until crispy and served on skewers for a nifty handle. A drizzle of “boom boom” sauce, accompanied it. I could guess at its parentage – a little sriracha perhaps, a creamy boost of mayo – but it was more satisfying to eat it. Same goes for the crab cakes, which were indeed mostly

second – so fresh that even my salmon-reluctant husband became a raving fan.

That was until dessert arrived. I have had the unfortunate experience of enjoying a sumptuous meal at a higher-end dining establishment only to be served the same generic foodservice torte as the place down the street. Remember no bottles, no boxes? That goes for dessert at Fish Tale, as well.

We were served a decadent homemade chocolate mousse that could easily have fed another couple, handsomely situated on a raspberry coulis and garnished with fresh berries and cream.

Fish Tale serves lunch only, but as late as 4 p.m. Starting our repast at 3 p.m., we were suitably stuffed that we didn’t have to even consider an evening meal on that day. If we had such a concern, we certainly could have strolled past the retail counter on our way out, and chosen any number of delectable takehome items. The prices are also reasonable! Finally, I realize there are the seafood-shy among our readership. Don’t fret.

Although not the focus, steak, chicken and vegetarian options are certainly on offer.

If you try Fish Tale, I think you might be hooked on a new regular dining destination. |RG|

Fish Tale Grill 1229 SE 47th Terrace Cape Coral Monday – Saturday 10:30 a.m. - 4 p.m. flaky crab, served here with a sundried tomato-blessed orzo salad.

My favorite way to dine is to enjoy a succession (or table full) of small plates, maybe augmented with a salad and soup. If you share that predilection, you can’t go wrong with the lobster bisque, seafood chowder, and endless appetizer options including my new favorite, the spicy lobster spring roll. Remember what I said about not doing too much to one’s seafood? Well, this was a little test. Lobster on its own, as long as it’s prepared competently, is an eminent pleasure. To add a crunchy wonton wrapper and an unctuous spicy sauce is a bold move. And of course the Merrick people are seafood specialists and if anyone can carry it off, they can. It was my favorite part of my meal, although the pecan-crusted salmon was a close

239-257-3167 facebook.com/MerrickSeafood

Sara Fitzpatrick Comito is publications editor for Conric PR & Marketing | Publishing, and associate editor of Res Gestae magazine. She’s also a freelance writer and frequent contributor to the Naples Daily News and other publications. For suggestions or comments on this regular feature, contact Sara at Sara@ConricHoldings.com.

RES GESTAE | JULY 2013

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RES GESTAE | JULY 2013

by Luis E. Insignares, P.A. In 2012 the Florida Supreme Court amended the Rules of

or of facsimile transmission (“fax”), are used in conjunction

Judicial Administration to require that papers and pleadings

with e-mail. These other options do not get an additional five

(after initial service of process) be served by electronic mail,

days “mailing time.” According to the latest rule revisions

in almost all circumstances. The main rule implementing the

made in April 2013, if these shorter response-period methods

change is Florida Rule of Judicial Administration 2.516. This

are combined with e-mail, the extra five days “mailing time”

change in procedure can potentially be very important in cases

is lost! Fla. R. Jud. Admin. 2.516(b)(1)[“When, in addition to

in which there is a question about whether a response to a

service by e-mail, the sender also utilizes another means of

pleading or paper has been timely filed, since such deadlines

service provided for in subdivision (b)(2), any differing time

are typically stated in terms of requiring a response within a

limits and other provisions applicable to that other means of

given number of days from service.

service control.”]

Seasoned lawyers may remember that in the olden days of

As always, the more prudent rule of thumb to use is that,

effecting service by postal delivery, an extra five days of “mailing

when in doubt, do not include “mailing time,” and compute

time” was added to compute response times after service.

your response time as the shortest possible under the rules! |RG|

This rule remains in place, since Rule 2.516 does not prohibit using other forms of service in addition to e-mail. See, Fla. R. Jud. Admin. 2.514(b).Somewhat anachronistically, and not accurately reflecting how e-mail works, the rules now provide that e-mail is “treated as service by mail for the computation of time.” Fla. R. Jud. Admin. 2.516(b)(D)(iii); see also, id.(“When a party may or must act within a specified time after service

Luis E. Insignares has been practicing since 1989 and is board certified in marital and family law by the Florida Bar. He is active with the Family Law Section of the Florida Bar, where he serves on the Executive Council and in Southwest Florida on the Hope Hospice Board.

and service is made by mail or email, 5 days are added after the period that would otherwise expire;” emphasis supplied).

The above provisions raise the question of what happens when the more traditional options of personal hand-delivery, RES GESTAE | JULY 2013

19

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Community Connection

by Sara Fitzpatrick Comito featuring Erin Houck-Toll

“I grew up with horses and know first hand the bond you can build with a horse and the profound impact that can have,” said Erin Houck-Toll. For several years, the Henderson Franklin attorney was a regular attendee at the annual Taste of Love fundraiser for Special Equestrians, a local organization offering therapeutic horseback riding classes and equineassisted activities for children and adults with disabilities. The fundraiser features a video presentation highlighting the impact the program has on the lives of participants and their families.

“A few years ago, it was one of our adult riders who had been in an accident and was not expected to walk again,” Houck-Toll recalled. “At Taste of Love, she walked on stage and explained how much this program had helped her. I find that amazing and am so proud and blessed to have the chance to work with the program.”

She joined the board of directors in March of 2012. In that capacity, she is able to apply her legal expertise to help identify potential issues and limit Special Equestrians’ liability. She also enjoys helping to plan Taste of Love and the other annual fundraiser, Ride-a-Thon. Additionally, Houck-Toll’s been able to integrate several of her other community commitments to the benefit of the organization.

“I also had the opportunity to organize a volunteer day at Special Equestrians when I was the chair of the Greater Fort Myers Chamber’s leadership program last year. The group went

to Special Equestrians to clean and paint a storage shed. I am also on the Women in Business committee for the GFMC, and our Christmas holiday project was putting together goody bags (S.E. logo bags filled with toys, games, candy, photo ornaments, etc.) for the riders as a holiday present.”

Houck-Toll said there are a variety of projects that can use a few extra hands. While lawyers are busy people who might find it difficult to volunteer regularly, by pulling together they can help achieve a better quality of life for the population S.E. For information about volunteer opportunities, visit specialequestrians.net and click the “About Us” tab, or contact Volunteer Coordinator Priscilla Kovalsky at (239) 226-1221.

Donations are also gratefully accepted through the website or by contacting the office.

“It’s not all about mucking the stalls,” Houck-Toll said. In fact, a lot of the opportunities to help are downright glamorous. “The website has great information about our annual fundraisers – for horse and non-horse people alike. I highly recommend Taste of Love. It features wines and food from several local chefs/ restaurants, as well as live and silent auctions with some great items.”

What is your favorite local non-profit? Tell us why you’re involved by writing to resgestae@leebar.org, using Community Connection as the subject line, and we may feature you and your organization in an upcoming issue. |RG| RES GESTAE | JULY 2013

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23

LCBA Member Committee Chair, Carlos Kelly, reaches out to fellow members to get their feedback

The Pursuit of Happiness The Membership Committee is all about you

by Sara Fitzpatrick Comito

You don’t automatically get in shape the moment you start carrying around a gym membership card. Likewise, being a member of a professional organization like the Lee County Bar Association certainly has its privileges – if you’re taking advantage of them, that is.

Carlos Kelly is the chair of the recently formed Membership Committee of the LCBA. He, along with recently elected Member-at-Large Kelly Fayer, would like to help move a good many nominal members into the category of super user. Isn’t it nice, after all, to get what you pay for?

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RES GESTAE | JULY 2013

Let’s do lunch “The LCBA is the best way to get to know the lawyers that you’ll be practicing with and against,” said Kelly. He emphasized clients benefit when the parties’ attorneys enjoy a professional and cordial relationship that allows cases to move along more easily.

Relationships take maintenance, of course. “We have so many folks in the LCBA who are really interesting people, and I think sometimes we overlook that,” Kelly suggested, adding that he’s as guilty as anyone for taking relationships for granted.

It’s human nature, but, as he concluded, “it’s not a good idea to take anything for granted in life.” That’s why it’s important to nurture professional and personal relationships, and the organization offers great opportunities for doing just that.

However, many members have not been taking full advantage of those opportunities. Kelly explained, “The thing that brought this to my attention was the inconsistent attendance at LCBA lunch meetings.” He noted attendance hasn’t been as strong recently as in past years. That’s why the Membership Committee was formed: to survey members about their needs and expectations, enhance the experience of members and retain membership.

In her role, Fayer will serve as a liaison between the Membership Committee and the Executive Council. “I quickly learned how dedicated the Executive Council is to ensuring that our members are appreciated,” she said. She also realized people have different preferences when it comes to offering feedback. “Although we enjoy talking with members to see how we can better serve their needs, sometimes people want to communicate privately.”

Hear ye, hear ye To better cater to individual communication styles within the membership, the LCBA has launched a new feature called Tell Kel, where members can freely submit opinions without having to disclose identifying information.

Of course, in this day of high-tech, many members still appreciate a high-touch form of outreach. “Our goal is to reach out to people on an individual basis and on a mass basis,” Kelly offered. He continued, “As part of our campaign to enhance our member retention, we want to find out from our members what the LCBA is doing well, which keeps members coming back – and what we’re not doing well, which makes them think twice when they get the annual membership renewal statement.

We don’t want them to think twice.”

The Membership Committee is a new entity that represents a renewed internal focus. But it won’t be a lot of navel gazing with Kelly at the helm. “He is a dynamic leader who will motivate the committee through his own impressive work ethic,” Fayer attested. “Also, attending committee meetings should always be interesting because Carlos has a great sense of humor.” Those meetings will be held at Henderson Franklin at noon on the second Friday of each month, so come on by. Or contact Kelly directly at (239) 344-1326 or carlos.kelly@henlaw.com to offer feedback or learn how to help.

For his part, Kelly said he’s excited and honored to lead the committee. “It’s a chance to make new friends. It’s a chance to get back in touch with old friends that I haven’t had many dealings with recently.” He also said it’s going to be a lot of fun, which is a worthy objective on its own. As he reminds us, “It was part of the founding of our country: life, liberty and the pursuit of happiness.”

Your happiness as an LCBA member is what it’s all about. |RG|

LCBA Member-at-Large, Kelly Fayer aka "Tell Kel", contacts members to get their input on what they like most about their membership

RES GESTAE | JULY 2013

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APPELLATE BRIEF-WRITING 101 Initiating an Appeal:

Navigating the Notice & Remembering the Record

by Margaret H. White-Small

In the last column, we discussed how to avoid the appellate traps that lawyers sometimes fall into when they believe that the trial court committed error sufficient to warrant an appeal.

Once you get past those initial hurdles, however, and you are convinced that you have a harmful, appealable, reversible issue, you will be ready to initiate the appeal. Careful attention to the notice of appeal and the record on appeal will make drafting and researching the briefs more efficient and less frustrating, which should result in more effective and persuasive briefs.

The first step in any appeal is to file a notice of appeal. The timely filing of a notice of appeal is jurisdictional. Generally speaking, with the exception of a belated appeal in the criminal context, neither the trial court nor the appellate court can relieve a party of an untimely filed notice of appeal. The notice must be filed with the clerk of the trial court within thirty days of the date that the order on appeal was rendered. An order is rendered when a signed, written order is filed with the clerk of the trial court. Fla. R. App. P. 9.020(h). Thus, the order has not been rendered until it has been reduced to writing, the judge has signed it, and it has been filed with the clerk. Accordingly, an oral order is not considered to have been rendered, and is not appealable. Likewise, in the criminal context, clerk’s minutes, “snapouts,” and memoranda of sentence generally are not considered rendered.

In civil cases, the notice of appeal must be accompanied by a conformed copy of the order on appeal and any order postponing rendition of the order. This helps the appellate

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RES GESTAE | JULY 2013

court make the initial determination as to whether the court has jurisdiction and whether the appeal is timely. A copy of the notice of appeal must not only be filed in the trial court, but it must also be served on appellee. Also, in most situations, there are two filing fees, one payable to the trial court clerk and another payable to the clerk of the appellate court. Unless the appellant is entitled to proceed as an indigent, both fees must be submitted at the time that the notice of appeal is filed with the trial court clerk.

Once the notice of appeal is filed, the next step in the appeal process is acquisition of the record on appeal. Assuming that you are appealing a final order, filing the record on appeal is essential. The party seeking appellate review bears the burden of providing the court with an adequate record of the trial court proceedings. Since the appellate court cannot reverse in the absence of sufficient record, it becomes critical that the appellant take all steps to ensure that the court has a sufficient appellate record to review.

In civil cases, the clerk is required to serve the index of the record on appeal on the parties within fifty days of the filing of the notice of appeal. The appellate practitioner then uses the index to create a working record on appeal, either electronic or paper, from which to draft the briefs. The clerk will file the original appellate record with the appellate court within 110 days of the filing of the notice, which corresponds with the filing of the last brief in the case. Thus, the original record remains in the trial court clerk’s office while the parties are preparing their

briefs. In criminal appeals, the record is prepared and sent to the appellate court within fifty days of the filing of the notice of appeal.

The appellate practitioner must be especially cognizant of what is contained in the record on appeal that is transmitted to the appellate court. Pursuant to Florida Rule of Appellate Procedure 9.200(a)(1), the record must contain “the original documents, exhibits, and transcripts of proceedings, if any, filed in the lower tribunal, except summonses, praecipes, subpoenas, returns, notices of hearing or of taking deposition, depositions, other discovery, and physical evidence.” However, this list of documents might not include a particular document that you deem to be crucial to the appeal. For example, the transcript of a critical tape recording may be considered to be physical evidence and, thus, will be excluded from the record on appeal unless you specifically request the clerk to include it. In this regard, it is important to assess the record early in the case in order to ensure that any additional documents or transcripts that will be necessary for the appellate court’s consideration of the issues on appeal are included in the record on appeal.

If your initial review discloses that important documents have been or likely will be omitted, it will be up to you to file the necessary documents to ensure that the record is sufficient for the appellate court to review the issues on appeal. Directions to the Clerk are only necessary if you wish the record to include or exclude specific documents, transcripts, or exhibits not listed in the appellate rule. Otherwise, the clerk will simply prepare and transmit the record in accord with the rule. If Directions are required, they must be filed within ten days of the date of filing the notice of appeal. If you miss the ten-day limit, however, it is permissible to file Supplemental Directions to the Clerk so long as you can reasonably assert in a motion before the appellate court that the supplementation is necessary for proper appellate review and is not sought for purposes of delay.

Designations to the Court Reporter must identify each hearing that is to be transcribed, the date of the hearing, the presiding judge, and generally what type of hearing was held.

The Designations must also identify the court reporting service or the electronic court reporter. Given the fact that the appellate rule only requires inclusion of transcripts that have already been filed with the court, it is most likely that the trial will have to be transcribed and submitted as a supplement to the record. As a practical matter, it is important to be sure to include in the Designations instructions to transcribe all pretrial motion hearings. Such motion hearings are fertile ground for issues on appeal, but frequently, these important motion hearings are not included because the Designations only specify that the trial proceedings be transcribed. The practical effect is that the critical motion hearings that are held immediately prior to trial are commonly not included in the transcripts, requiring subsequent supplementation of the record. Again, a

thorough assessment of the record on appeal early in the case will save countless hours of frustration later. The process of supplementing the record is time-consuming and only serves to significantly delay the appellate process, frustrating both you and your client.

If a transcript is unavailable because the hearing or trial was not transcribed, the parties may submit a statement of the evidence as a substitute. The key here is that the parties must agree to the statement of evidence to be submitted, and if they do not agree, the court must settle the dispute. The procedure is set forth in Florida Rule of Appellate Procedure 9.200(b)(4).

This method should only be resorted to as a last resort.

If, despite a preliminary and thorough assessment of the record, you discover that the record lacks an important document, transcript, or exhibit, you may make a motion to supplement the record in the appellate court. It is important to note that the record may only be supplemented with material that was before the trial court below; the appellate court will not allow the record to be supplemented with material that the trial court did not view. A motion to supplement the record, along with Supplemental Directions to the Clerk and/ or Supplemental Designations to the Court Reporter must be prepared. The court reporter is automatically given thirty days within which to provide any missing transcript(s), and if the court reporter cannot complete the transcription within that time, there may be a request for an extension, which further delays the process. There are times, of course, when supplementation is necessary, and the delay is unavoidable.

Once you have gone through all of these steps to properly file the notice of appeal and to ensure the proper preparation and transmission of the record on appeal, you will be left with the task that is the most crucial, and also the most interesting, aspect of appellate work: Drafting and researching the Initial Brief. However, your thorough review of the record early in the case, in addition to timely supplementation of the record, if necessary, will leave you well-prepared to begin drafting the brief and will save you the frustration of reading half of the record before discovering that a critical transcript or document is missing, requiring you to move for supplementation of the record, and delaying the appellate process unnecessarily. |RG|

Margaret H. White-Small, Attorney at Law, provides appellate and legal research and writing services to both civil and criminal lawyers on a contract or project basis. She spent nearly twenty-two years as a senior staff attorney at the Second District Court of Appeal and is now based in Lee County.

She may be reached at (239) 579-0267 or at mwsnsanibel@aol.com.

RES GESTAE | JULY 2013

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Congratulations to the Members of the Lee County Bar Association’s

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Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.

Social Scene

Attorney Sheldon (Shelly) Finman makes a point during the presentation.

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Social Scene

A B LC Voices for Kids Golf Tournament

Rowland Hand, Mary Evans, Robert DeSantis and Stefan DeSantis

Mary Evans, President of LCBA

Volunteers offerred golfers poker cards to add to the fun and fundraising at the tournament

Cheryl Pifer, Barb Johnson and Martha Meyers with Joe Ratman Rakowski and Brian Cheffer, host of the Bloody Marys Table

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RES GESTAE | JULY 2013

Dana Saracione with sponsor Frank Jean, LMT Massage Therapy

LCBA Staffers Ghaylene Reyes & Lisa Poulin show off new Bar logo sport shirts on the course

Social Scene

at Raptor B ay

Voices for Kids President Kathleen Davey with VFK Director Darlene Grossman and Rita Thrall

Co-chairs Kelly Fayer & Ken Jones in traditional golf garb

Laura Cari with Hon. James Adams and Susan Galbraith

Paul Smith, Michael Tamulionis, Jimmy Heuglin and John Kinsey

Hon. Rad Sturgis, Bob Grantham, Hon. James Adams, and Jeff Rice

YLD President, John Miller RES GESTAE | JULY 2013

31

On the Bench The Hon. Archie B. Hayward, Jr. When Judge Archie Hayward was appointed to the Lee County bench by Governor Charlie Crist in 2008, he was aware of the magnitude of the responsibility. “I didn’t take it lightly.” He said he’d always wanted to help people. “That was my main goal. That was the reason I became an attorney.

When this opportunity presented itself, with persistence I was persuaded that this would be another way to help people.”

The Fort Myers native’s parents were supportive people who were at times perhaps a bit bemused at their children’s ambitions. “My father asked me one time, “Why do you do all the things that you do?’” His answer: “Because you never told me I couldn’t do it.”

He had grown up in a family that encouraged service to others. Today he feels fortunate to be in a direct position to give back to the community, the way he gave back to his family.

“I was able to be a caregiver for both my parents,” he said. His father had cancer, and his mother suffered from Alzheimer’s disease. “It was very fulfilling to care for them, since they did so much to care for me and my siblings,” the judge explained.

Judge Hayward enjoys cases where someone’s life changes for the better. He said people approach him in public and fill him in on what happened as a result of his ruling. Someone may say, for instance, “I came before you, and I was able to obtain my driver’s license. Thank you.”

“They want to relate that they thought they were treated fairly,” the judge concluded. Sometimes people who thought they were treated unfairly will approach him with their perspective, too, of course.

The judge said he has enjoyed meeting many different people from across the county, which he did intensively in 2010 when running for election to stay on the bench. He also enjoys the rotating docket of the county court. “I think all the county court judges appreciate the rotating docket because it gives you the opportunity to have the broad perspective of the different courts.”

When he’s not on the bench, the judge loves to travel, which is a good thing because then he gets to indulge his passion for skiing. |RG|

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From the Bar Mark A. Steinberg, Esq. Mark Steinberg’s dad had always wanted to be an attorney, but worked in sales instead.

As it is every parents’ ultimate goal to give their children more than they themselves had, he was an unmitigated success. “He made sure I had the opportunity to do anything I wanted to,” affirmed Steinberg, whose own son graduated from law school a couple of years ago and has followed in his footsteps as a personal injury attorney. As Supreme Court Justice Joseph Story stated in 1829, “The law is a jealous mistress.” Anyone who has been in practice for more than a few years might agree, but Steinberg held true to family tradition in encouraging his son to pursue whatever he enjoyed. “He has surpassed his parents, so we’re happy.”

Getting his start as Assistant State Attorney locally, Steinberg met his now-partner David Linn at that office in 1981. They started their own practice in 1995 and have been going strong ever since. The secret to their success is trust. “We started our business on a handshake,” remembered Steinberg, “and we trust each other on that handshake.” Decisions at Steinberg & Linn, P.A. are made by consensus. “Since we have two people, if one person votes no, the answer is no. We need two yeses.” Consequently, according to Steinberg, these two trial attorneys have never had an argument in the nearly 20 years since they opened shop.

Steinberg prefers to be in a courtroom rather than behind a desk. Law is more than an academic exercise when someone’s quality of life depends on it. He recently tried a case against a man who stalked and mentally tortured a young lady, resulting in a $4.8-million verdict. “That was pretty monumental,” he said. “This man made her life miserable, and the jury understood.” More important than the compensatory and punitive damages, the stalking has ceased. “Every once in a while, I am fortunate to see justice happen in a court of law,” Steinberg mused. He’s very much aware, however, that a court outcome can only do so much when a life’s been shattered, as happened when his mother was run over by a car in 1974. “She was not the same, but she survived.”

Outside of work, Steinberg enjoys golfing and spending time with his family. |RG|

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RES GESTAE | JULY 2013

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Legal Briefs Insignares appointed to Florida Bar committee The Florida Bar has appointed Fort Myers attorney Luis E. Insignares to the Marital and Family Law Certification Committee. The appointment is effective beginning July 1, 2013 through June 30, 2016.

Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.

While many lawyers may handle marital and family law matters at various levels, only those who have met the requirements of Board Certification are allowed to identify themselves as a “specialist.” Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the state Supreme Court.

As a member of the Marital and Family Law Certification Committee, Insignares is responsible to ensure that every lawyer seeking to become certified in marital and family law has met the rigorous requirements for certification during the five years immediately preceding application, including the preparation and administration of the examination required for admission.

Insignares has been practicing since 1989 and is board certified in marital and family law by the Florida Bar.

Delaney admitted to Middle District Jennifer L. Delaney, the newest associate at The Law Office of Kevin F. Jursinski & Associates, has recently been admitted to the United States District Court, Middle District of Florida.

She primarily practices in the area of real estate and business litigation. She focuses her skills to assist clients with commercial litigation, lien law, condominium/HOA law, foreclosure mitigation, short sales, loan modifications and other real estate-related matters.

Delaney graduated Cum Laude from the University of Buffalo School of Law in 2003.

While in law school, she was the assistant executive editor of the Buffalo Law Review, she managed a special education legal clinic and was a Dean’s Scholarship recipient.

The United States District Court, Middle District is one of the busiest federal district courts in the nation. Geographically, it stretches over 350 miles from the Georgia border on the northeast to south of Naples on Florida’s southwest coast. Three of the six largest cities in the state: Tampa, Jacksonville and Orlando are within the district.

Lile named a Top 100 Florida Super Lawyer Laird A. Lile, a wills, trusts and estates attorney in Naples, has been named a Top 100 Florida Super Lawyer for 2013. Attorneys receiving the highest point totals in the nomination, research and blue-ribbon review process are included in the listing, which recognizes just five percent of Florida attorneys. This is Lile’s sixth inclusion in the Top 100 Florida Super Lawyers list published in the June issue of Super Lawyers magazine.

The Florida Super Lawyers list is a professional listing of attorneys who have been selected for their personal and professional achievements in the legal profession by their peers and through independent evaluation.

An elected member of the Board of Governors for The Florida Bar, Lile serves on the Supreme Court’s Florida Courts Technology Commission, which is overseeing the technological overhaul of the state’s courts.

He is certified by The Florida Bar as a Wills, Trusts and Estates lawyer and is a Fellow in the American College of Trust and Estate Counsel. Past chair of The Florida Bar’s Real Property, Probate and Trust Law Section, Lile has been included in Woodward/White’s The Best Lawyers in America since 1995and was named to Florida Trend’s Legal Elite Hall of Fame in 2010.

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Legal Briefs Voices for Kids announces new board members Voices For Kids of Southwest Florida, Inc. (VFK), a 501c3 nonprofit entity serving abused, neglected and abandoned children in Southwest Florida, has announced the addition of two new members elected to its board of directors.

The newly elected members are Catherine Bixenman, branch manager of SunTrust Banks, Inc., and Debra Newell, VP/branch manager for IberiaBank.

“We are pleased that our new members are committed to helping make the lives of abused, neglected, and abandoned children in Southwest Florida safer,” adds Executive Director Darlene Grossman. “Our board members help VFK raise funds that directly support the Guardian ad Litem program in the 20th District Circuit (Lee, Hendry, Glades, Charlotte, and Collier County) and our 'Kids Being Kids' program, which provides those items which give the children a sense of normalcy and help them to ‘fit in.'”

All parties know it’s all about our region’s most vulnerable kids!

For further information about Voices for Kids, please visit voicesforkids.org or call (239)533-1435.

Correction

In June's Social Scene section, Renee Binns was pictured displaying the Fort Myers High Mock Trial Team's 3rd Place trophy that was earned at the state competition in March. This photo was misidentified and Binns did not actually get to keep this one. The team had a very good year, also winning the Professionalism Award, thanks in part to the hard work of the team's attorney coach, Scott Beatty of Henderson Franklin, and the students' teacher coach, Anya Pence, who was presented the Dr. James A. Adams Lee County Teacher of the Year award at the 2013 Law Week Awards Luncheon. Contact the Bar to find out how to support the mock trial programs.

KEMPTON P. LOGAN Certified Mediator/Arbitrator • Certified Circuit-Civil and Federal Mediator since 1991 • Panel Arbitrator, American Arbitration Association and 20 th Judicial Circuit • Over 30 years civil litigation experience in Southwest Florida, including Personal Injury, Contract, Partnership, Real Estate, Insurance, and Probate • Available for Court ordered or private arbitration.

• www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net

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Legal Briefs Boy achieves Martindale-Hubbell AV Rating Suzanne Boy has achieved an AV Preeminent rating by Martindale-Hubbell, the highest a lawyer can achieve from that resource for information on the worldwide legal profession. Lawyers are rated on their legal knowledge, analytical capabilities, judgment, communication ability and legal experience.

Boy concentrates her practice at Henderson, Franklin, Starnes & Holt, P.A. in employment law, assisting clients with all aspects of employment-related litigation, claims, and client counseling. She also has an active appellate practice. Boy is the lead blogger and editor of the Southwest Florida Employment Law Blog, and frequently speaks to businesses and professional groups on various employment matters.

She serves on the board for the Human Resource Management Association of Southwest Florida. She is also a member of the Lee County Bar Association, the Labor and Employment Section of the Florida Bar, and the American Bar Association's Section of Labor and Employment Law. Boy received her undergraduate degree from the University of Florida, with honors, in 2002, and her law degree from Stetson University College of Law in 2006, where she served as an editor of the Stetson Law Review.

McGuire joins Toll Law

Stephen N. McGuire, II has joined Cape Coral-based Toll Law. The 2012 graduate of Ave Maria School of Law has lived in Southwest Florida for four years, and recently worked as a paralegal at the Office of the State Attorney for the 20th Judicial Circuit while awaiting his bar admission. Prior to law school, McGuire graduated summa cum laude from West Virginia University with a degree in political science in 2005, and earned an MBA from Duquesne University in 2007. He ran a small business for a time, until he accepted a scholarship to law school. He is also a 10-year Army veteran.

Along with the other Toll Law attorneys, McGuire’s practice is primarily devoted to civil litigation in and around Lee County.

The risk of personal information falling into the wrong hands is something we all worry about.

The Lee County Solid Waste Division provides secure document shredding services to Lee County businesses at the Lee County Resource Recovery Facility at 10550 Buckingham Rd., Fort Myers (off SR 82).

For a nominal fee of $35.00/ton ($12.00 minimum fee) you can ensure that your sensitive information has been completely destroyed. Our staff is HIPPA trained. Paper clips and staples do not need to be removed. For additional information and hours of operation call the Lee County Solid Waste Division @ 239-533-8000.

We issue a Certificate of Destruction.

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Legal Briefs Students gain summer training at local firm Henderson, Franklin, Starnes & Holt, P.A., has welcomed three law students, Asa Brown, Shaun Cummings and Jason Lee, as clerks for the firm, where they will supplement their law school experience during the summer.

As part of the firm’s Summer Associate Program, these law students will have an opportunity to be exposed to a broad range of practice areas. Summer associates attend hearings, trials, depositions, mediations, arbitrations and meetings with clients.

Additionally, they perform research; assist in the drafting of pleadings, discovery and other documents; and analyze various legal issues that arise in the course of the matters handled by the firm and its attorneys. Each summer associate is paired with an attorney mentor to assist with the transition from law student to lawyer.

Brown grew up in Spokane, Washington, and Jacksonville, Florida and graduated from Bishop Snyder High School in Jacksonville 2006. He is following in his father’s footsteps to become a lawyer and graduate of Florida State University College of Law. Brown serves as a volunteer assistant coach for the FSU Men’s Rugby Team, and is the founder and president of the Wine Law Society at the FSU College of Law. Brown obtained his BA in English from Florida State University.

Cummings grew up in Ocala, Florida and is currently attending Stetson University College of Law. He obtained his BA in Political Science from the University of Florida, after graduating from Lake Weir High School in Ocala in 2000. Cummings is a member of Stetson’s Mock Trial Team, is the ABA national liaison for the Criminal Justice Section - Prosecution Function Committee, interior vice-justice of Phi Alpha Delta Law Fraternity, and serves as director of the 1L advocacy competitions at Stetson.

Lee is a Southwest Florida native and graduated from Cape Coral High School in 2001. He joined the Army and traveled to Arizona and Alaska, and was deployed to Afghanistan. Lee is currently attending Michigan State University College of Law where he also serves as the Notes Editor for the Law Review. He obtained his BA in History from the University of Central Florida.

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2231 First Street, Fort Myers, FL 33901 • 888-408-2380 • 239-334-1411 • www.FMCR-NCR.com

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Legal Briefs Litigators speak on loss mitigation during divorce Attorneys Kevin F. Jursinski and Kara M. Jursinski of the Law Office of Kevin F. Jursinski & Associates were recently invited by the Florida Bar to address a group of nearly 100 Florida family law attorneys regarding foreclosure, short sales, strategic mortgage defaults and similar real estate issues that can occur during divorce proceedings.

The attorneys outlined the basic strategies of loss mitigation as well as short sale negotiations, asset protection and deficiency judgment waivers. They also discussed the tactics their firm implements on behalf of their clients to reach successful resolutions despite the internal conflicts that may come with the dissolution of a marriage. They stressed that even if the husband and wife are in bitter conflict, they must cooperate with each other to reach a resolution on the real estate matter.

The firm also offers nine other educations seminars, including Strategic Mortgage Defaults, Asset Protection, The National Mortgage Settlement, FAR/BAR Residential Real Estate Contracts, Tax Certificate Sales and Acquisitions, Real Estate Licensee Representation, Construction Lien Issues, Commercial Leasing, and Real Estate Fraud and Securities.

Kevin Jursinski is Florida Bar Board Certified in both Real Estate and Business Litigation. Kara Jursinski is a real estate and business litigation attorney who also serves as Senior Short Sale and Loss Mitigation attorney at Fort Myers-based firm.

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Call Lisa at 239-210-2775 or visit www.fiddlestickscc.com RES GESTAE | JULY 2013

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Calendar of Events

JULY 2013 4 5

AUGUST 2013

Independence Day

Courthouse & LCBA office closed

Lawyers & The Arts:”Raising the Bar” at Sidney & Berne Davis Art Center, free, 5 – 7 p.m.

Sponsors include Encore National Bank

2 9

12 p.m. Henderson Franklin in conference room 1

Membership Committee Meeting

Investiture of Middle District Judge Sheri Polster Chappell

Noon

12 p.m. Henderson Franklin in conference room 1 Noon

Family Law Practice Lunch LCBA 3rd Thursday Social Lawyers & The Arts:”Raising the Bar”

at Sidney & Berne Davis Art Center, free, 5 – 7 p.m.

Sponsors: Merit Court Reporting, CopyLady and Encore National Bank

1920 24 25

Membership Committee Meeting RPPTL Practice Section Lunch

RPPTL Practice Section Lunch

18

French Connection at Noon

Young Lawyers Division Lunch Meeting French Connection at Noon

12

Young Lawyers Division Lunch Meeting

Voluntary Bar Leaders Conference

at Sheraton Sand Key Resort, Clearwater. EC members & Director away

3 p.m. at the Sidney & Berne Davis Art Center

15

Family Law Practice Lunch LCBA 3rd Thursday Social 5-7 p.m.

23

Membership Luncheon Meeting

28 29

Executive Council Meeting

Executive Council Meeting

11:45 at Sidney & Berne Davis Art Center.

“Legislative Update” Guest Speaker: Heather Fitzenhagen 5:15 p.m. at Mary Evans’ office

Land Use & Governmental Law Practice Section Lunch Meeting Henderson Franklin, Conf Rm 1

5:15 p.m. at Mary Evans’ office

Land Use & Governmental Law Practice Section Lunch Meeting Lee County Public Works at 1500 Monroe St, in 1st FL Conf Rm

Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events.

SEPTEMBER 2013 1620 20

Constitution Week Speakers in the Schools

Membership Luncheon Meeting

Topic: “The Constitution” 11:45 at the Sidney & Berne Davis Art Center

THE LEE COUNTY LAND USE BAR 2013 SCHEDULE MEETINGS WILL TAKE PLACE FROM 12:00 PM - 1:30 PM EXCEPT FOR DATES HIGHLIGHTED IN BLUE, MEETINGS WILL BE HELD AT LEE COUNTY PUBLIC WORKS 1500 MONROE STREET, FT. MYERS, FL 33901 1ST FLOOR LARGE CONFERENCE ROOM

THURSDAY, JULY 25

THURSDAY, SEPTEMBER 26

THURSDAY, AUGUST 29 AT HENDERSON FRANKLIN (CR #1)

THURSDAY, OCTOBER 31

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org

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RES GESTAE | JULY 2013

LCBA Welcomes Its New Member Vee Leonard,

Florida Gulf Coast University Downtown Fort Myers Office Space Available Tidewater Building 1375 Jackson Street 645 to 1307 Square Feet On-site Parking · Walking Distance to Courthouse For More Information Contact Dan Courtney 239.332.1676

The Judges of the United States District Court for the Middle District of Florida cordially invite you to the investiture of The Honorable Sheri Polster Chappell as United States District Judge for the Middle District of Florida Friday, August 9, 2013 at three o=clock at the Sidney & Berne Davis Art Center 2301 First Street Reception immediately following RSVP by Friday, July 26, 2013 (239) 461-2108 chappell_rsvp@flmd.uscourts.gov

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Referral Fees Paid Many businesses that did not know they could make a claim are now included in the BP Oil Spill Settlement.

Your clients may qualify for compensation, even if their business is located in town and not on the beach. Businesses may include: Gasoline Stations Sporting Goods Stores Department Stores Gift and Souvenir Stores Taxi Services Restaurants

Airport Operations Tour Operators Travel Services Museums Salons & Spas Historical Sites

Retail Stores Zoos and Gardens Hotels and Motels Bed and Breakfast Inns Snack Bars Local Attractions

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Some things should never change, and the commitment and dedication of your bank is one of them. As the oldest locally-owned and operated bank in Lee County, we have been here for you for decades with quality service, personal care and local decision making. That is something you can always bank on.

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