Res Gestae - June 2013

RES GESTAE

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

JUNE 2013

The Race for Baby C A celebration of determination

WORK HARD PLAY HARD

Get serious about fun

LCBA Art Show Preview

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RES GESTAE | JUNE 2013

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Contents 6

Letter from the President

8

Letter from the Editor

by Nanci DuBois

by Mary C. Evans, Esq.

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239.334.0047 resgestae@leebar.org

staff box

Work Hard, Play Hard Attorneys and judges get serious

about fun

by Sara Fitzpatrick Comito

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10

Dean Milhizer’s Side Bar Miranda rights and terrorists

by Dean Eugene R. Milhizer

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Associate Editor Sara Fitzpatrick Comito

by Sara Fitzpatrick Comito

Layout and Design Kat Godina

Art for Its Own Sake

Advertising Director Linda Fiore 239.690.9840

Upcoming show showcases your colleagues’ creativity

by Sara Fitzpatrick Comito

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On the Bench Hon. Leigh Frizzell Hayes

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by Sara Fitzpatrick Comito

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From the Bar

Leland E. Garvin, Esq.

by Sara Fitzpatrick Comito

23 24

24

In memory of Lynn Suzanne Spradley

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The Dish

The European American Bakery Cafe

by Sara Fitzpatrick Comito

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Contributing Writers Sara Fitzpatrick Comito Nanci DuBois Mary C. Evans, Esq. Dean Eugene R. Milhizer Vera Bergermann Billing Inquiries 239.334.0047

Pro Bono Spotlight

by Vera Bergermann

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Executive Editor Nanci DuBois 239.334.0047

Race for Baby C A story of determination

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Publisher Connie Ramos-Williams 239.690.9840

Social Scene In Memoriam Remembering our colleagues and friends

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: Attorney and balloonist Barbara Cossu

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Legal Briefs

News and Happenings

Cover Photo: Ron Graddy

40 41

Calendar of Events

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.

100 Club Members

Note from the President Lee County Bar Association “I know you are but what am I?” “Nanny nanny boo boo, stick your head in poo poo.” Wouldn’t it be great if we could use those phrases in our responsive pleadings?

“Liar, liar pants on fire” says so much more than “Denied.” Sound silly to you? Well good, it was supposed to. When was the last time you let yourself be silly? Does the thought of having a silly moment seem, well, silly to you? If it does, then ok, that’s a start. Here’s why you should take my lead and get a little sillier.

As attorneys, we are busy with our practices and we are often stressed by deadlines, court proceedings, or our clients themselves. You know the kind...as soon as that client’s name comes up, your lip curls into a scowl. The mere thought of personal contact with the guy leads you to reach for the antacids. Or the vodka. The kind of client whose attitude explains why gerbils eat their young. If there were ever time for a silly moment in life, this is it! Life is short, we can’t wait another second!

Quick...go out to your assistant and request a file...speaking like Daffy Duck. If you are in the car, sing your favorite song REALLY LOUD...in opera! (It feels great AND embarrasses the kids. Two benefits in one - Yay!) If you are at home...dance! And do it naked…in front of your pets! (After you close the curtains of course.)

None of that sound appealing? Then find your own way to decompress. If you don’t have a hobby, find one. Perhaps scuba diving – now there’s a hobby that is not only far from the practice of law but is also relaxing. I remember the first time I went snorkeling in the Florida Keys. I couldn’t believe the water was that deep and I could see all the way to the bottom. Then I actually got in the water. Holy Smokes! There was a whole new world down there! It was quiet yet bursting with life and color. I absolutely could not believe that fish would swim so close to me – that they could be as curious about me as I was about them. If scuba diving doesn’t float your boat (pun intended) then find something that does. I hope, at the very least, one of my earlier suggestions brought a smile to your face. Build on that smile. Find a way to stress less and smile more. Start by repeating after me: sthufferin sthuccotasth, sthufferin sthuccotasth, sthufferin sthuccotasth…|RG|

Mary C. Evans, Esq. mary@maryevanslawyer.com | (239) 226-1062

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RES GESTAE | JUNE 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 Kelly Fayer, Esq. & Amanda Mitteer-Bartley, 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 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 Ad Directory “I have but one lamp by which my feet are guided, and that is the lamp of experience. I know no way of judging of the future but by the past.”

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As it relates to our work for the legal community, we must stay connected with our membership with an open ear and intention to act for the continual improvement of the Association.

In recent membership meetings and social events we have seen an early arrival of the “Summer Slump” in attendance. When such an irrefutable fact presents itself, “WHY?” becomes our most urgent business. If repeating past events that were successful starts to fall from popularity, we don’t want to guess about the reason. A short series of Member Surveys designed for fast response has been initiated to help us gather information and opinions from our members. Please participate in these when they come your way, so we may continue to improve and grow your experience within the membership.

We’ve set up Tell Kel on our website as a neutral ground for letting us know how we can meet your goals and expectations. This can be used at any time you have a concern or a bright idea we may want to pursue. My deep desire is to see a flood of suggestions for doing our work in such a way that your participation is assured. Tell Kel, and we will all do whatever we can to exceed your expectations!

A Room with a View

You may be guessing that this is about the walls of windows with that glorious vision of the Caloosahatchee, greeting me each day when I come to our offices at the Bar Association.

No, I’m talking of an artist exhibition unlike any you may have seen.

The Sidney and Berne Davis Art Center has graciously offered to mount an exhibition of artworks by local attorneys. “Raising the Bar” opens Friday, July 5 at ArtWalk. We will also be hosting a Third Thursday Social on July 18th at the Art Center from 5 – 7, in case you missed the Grand Opening at ArtWalk. Our thanks to Merit Court Reporting for their sponsorship of these events!

There is still time to add artists to the exhibition, but to qualify you must be an attorney or judge, OR the painting may be submitted of an attorney or judge, to be displayed in this unique non-juried exhibit. Art may be created in any medium or mixed media, painting, drawing, photography, graphic art (including legal cartoons,) sculpture (yes, bonsai trees qualify!) and may be placed with a sale price if desired.

Anyone interested in exhibiting should connect with us immediately for the Exhibitor’s Agreement and information on loading in and removal dates and times. Contact admin@leebar.org for Lisa Poulin, or info@leebar.org for Nanci DuBois. |RG| Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102

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Work

HARD

Play

Attorneys and judges get serious about fun

by Sara Fitzpatrick Comito

Today is life — the only life you are sure of. Make the most of today. Get interested in something. Shake yourself awake.

Develop a hobby. Let the winds of enthusiasm sweep through you. Live today with gusto.~ Dale Carnegie Maybe Carnegie's quote is a little blustery, but those who have developed a serious dedication to a hobby will find his premise hard to argue with. Fort Myers attorney Barbara Cossu doesn't take issue with it, and she for one knows hot air when she sees it.

Up, up and away When she met her now-husband Charles Edward, the two shared a passion for ballooning. So it was only natural they would go on to open Balloon Odyssey, the only hot air balloon company in Lee County. Cossu said it naturally complements

her career. “I love my job as an attorney, but it can be stressful.

Going ballooning helps to forget about the problems and stress that are associated with family law, and helps me refocus my energies.”

For those who haven't stood in the basket and witnessed the world grow smaller below, she compares it to sailing, and uses words like “calm” and “tranquil.” That's not to say there might be some amount of trepidation to overcome the first time.

Edwards remembered, “My first flight was with Kingswood Sprott, an attorney in Lakeland, Florida and I wondered what I was doing in this basket.” Cossu's first flight was with a friend in Tampa, “and I, also, wondered what I was doing in this basket.”

But they were undeniably hooked. “We both love the beauty and simplicity of the flights,” explained Cossu. “It is just us, the balloon and the elements. A bonus is that we have also been able to travel extensively to other parts of the world for different

Photos by Ron Graddy

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RES GESTAE | JUNE 2013

balloon events.” In fact, the whole crew will be in Albuquerque this October for the world's largest such event.

A ride with Balloon Odyssey begins just before sunrise to take advantage of the day's calmest winds and ends with a champagne reception. It would be a unique way to treat a hardworking colleague and something everyone should experience at least once. Just beware of enjoying it too much. “The first ride is relatively inexpensive,” she noted. By the second one, however, “you are hooked and will buy a hot air balloon system.

That’s when it gets expensive!”

Rhythm is Gonna Get You Music can also be addictive. The aptly named “hook” is the part that sticks with you, gets your body moving before you have time to realize it. The LCBA's past president Karla Y. Campos-Andersen says go with it. As a little girl, she had a lot of exposure to the Latin rhythms of salsa, merengue, bachata and cha cha. “However, my dancing consisted of what I like to call 'living room salsa,' where we move our feet back and forth and just move our hips.” There's nothing wrong with that, of course. A dancing house is a happy house! And that's exactly what she has with her now-husband Mike. The pair started taking salsa classes seven years ago “I always said that my future husband would enjoy dancing,” Campos remembered. “He did not necessarily need to be good at dancing, he just would have to be willing to do it and enjoy it.” She acknowledges part of his motivation at that early stage of the relationship may have had to do with a willingness to impress his new girlfriend – and it worked – but he ended

up loving it as much as she does. He even teaches for Elegant Rumba, the company where the two started taking lessons, and she helps out when her schedule permits.

They dance what Campos identifies as “ballroom salsa with flare,” an activity that's become fully ingrained in their lifestyle. When on vacation, they look for places that have salsa and spend their nights dancing. This has led them to make wonderful life-long friends with other dancers.

Her words of advice to new dancers: “Don't take yourself too seriously. Allow yourself to look silly. We have all been there. Dance like no one is watching!” The instructors at the dance company, which practices at Aki's Dance Studio, have been asking the couple to be part of a performance team, but they prefer to do it just for fun.

Not strictly ballroom The Hon. Kathy A. Sturgis, Judge of Compensation Claims for the State of Florida, has made the leap to competitive dancing and recently teamed up with a professional partner.

However, her love of dancing comes directly from the heart.

In fact, following her husband County Judge Rad Sturgis' heart attack, she found herself at the Heart Ball watching people dance and had an idea that the pair could take lessons together.

That was several years ago and today they dance together at least once a week.

“I'm an avid dancer and he goes along with it because I love it,” she offered. “He's a nice guy.”

Also nice are the benefits. “It's a great way to relax, have fun and stay in shape mentally and physically.” She mentioned the

Karla Y. Campos-Andersen and husband Mike Andersen

Hon. Kathy Sturgis with her partner Tomasz Mielnicki Photos by Ryan Kenner Photography

RES GESTAE | JUNE 2013

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James W. Collier with his array of catches

Alzheimer's Association of America has recently launched programs to study and promote the healthy effects of ballroom dance.

The judge has always been a dancer, having grown up seriously studying ballet, until that came to an abrupt halt after an injury. She always wanted to try ballroom dancing and now trains to compete on the ProAm circuit. The major prize, however, is always what dance offers her, personally: “It's my stress relief and pure joy.”

She said the social aspect is rewarding, and has met interesting people from all walks of life. She confirmed, also, that dancers at every level come in all shapes and sizes. The main thing is to just try it. “The hardest dance step is the step through dance studio door for the first time,” she said, but there are many affordable and fun opportunities to get into it locally. A good resource is USA Dance, which has two active Southwest Florida chapters.

Catch and release If you're looking for a hobby that can really get its hooks into you, look no further than the watery depths that bless our region with their beauty, accessibility and endless variety.

You might just see local attorney James W. Collier out there bringing a nice red on board. He'll likely take a photo with it, then gently let it go to be caught again another day, but there's plenty of seafood on his weekly household menu. He can often be found along with his elderly dachshund, Ginger, in Pine Island Sound or offshore of Sanibel Island. But he's always up for trying a new spot, and likes to take advantage of the knowledgeable fishing guides around the state. “My favorite

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spots are in the Everglades or offshore because the cell phone doesn't work there and you catch very different fish.”

True to the cliché, his interest in the sport started with an act of fatherly devotion. “My dad took me at an early age to try to bond with me. I ended up bonding with fishing.”

If you get your start later in life, that's what guides are for.

“Be prepared to be in the sun all day,” Collier advised. “Do what the guide says.” Most important, however, is the advice a lot of people don't seem to want to hear: “Don't buy a boat until you have some good idea of what you are doing.”

Collier has been invited to co-host the local ESPN radio callin fishing show once a year or so. It's another item on a long list of gratifying experiences as a fisherman. Some others include “catching my first marlin and later a marlin on light tackle – both were in Cabo. Learning to throw a cast net.” Still ahead for him is his dream two- or three-day trip to the Tortugas.

Mostly, he said, he enjoys the beautiful outdoors we're so lucky to have within easy reach. “We appreciate the environment down here so much and many folks don't get the chance or have the appreciation for it at all.”

However you decide to “Let the winds of enthusiasm sweep through you,” we hope you will enjoy your unique passion. You can spot Mark A. Steinberg of Steinberg & Linn PA most any Saturday and Sunday out at his favorite Fiddlesticks course, the Long Mean. He recommends beginners take lessons to learn the peculiarities of this “backward sport.” He explained, “To hit the ball high, you swing down, etc. Technique is more important than athletic ability. That's why a pro that weighs 150 lbs. can hit the ball 300 yards and Mike Tyson can't.” Steinberg said he plays against himself as much as against opponents.

You work hard for your clients, so don't you also deserve to play hard for yourself? |RG|

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RES GESTAE | JUNE 2013

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Dean Milhizer’s Side Bar

Miranda Rights and Terrorists

By Dean Eugene R. Milhizer After law enforcement officials captured Dzhokar Tsaraev, the surviving Boston Marathon bomber, questions arose regarding how and where he would be tried, and what procedural protections he would be afforded. Among the most controversial issues is whether Tsaraev would and should be read Miranda warnings. In order to address this issue, it is necessary to first understand the nature and scope of the protections afforded by Miranda.

The Fifth Amendment provides, among other things, that no person “shall be compelled in any criminal case to be a witness against himself.” Prior to the Supreme Court’s Miranda decision in 1966, confessions were admitted if they were voluntary, a matter that was determined on a case-by-case basis considering the totality of the circumstances. Miranda imposed for the first time a rights warning requirement for custodial interrogation.

It held that statements made in response to interrogation of a suspect in police custody will be admissible at trial only if the prosecution can show that the suspect was informed of certain rights, and that he understood and voluntarily waived them.

Over time, the Court explained that the Miranda warnings were a court-made rule to enforce Fifth Amendment protections, and that the warnings themselves were not constitutionally required. Because the warnings requirement was created by the Court, the Court had the authority to authorize exceptions to it. Today, there exists a variety of courtmade exceptions to Miranda that either permits the police to question a custodial suspect without warnings, or permit the introduction of evidence if warnings were not given.

Among the recognized exceptions to Miranda is the public safety exception. The exception was first allowed in New York v. Quarles, decided in 1984. The exception permits law enforcement to engage in a limited and focused unwarned interrogation, and it allows the prosecution to introduce statements thereby obtained as direct evidence. According to the Court, the public safety exception is triggered when police officers have an objectively reasonable need to protect the police or the public from immediate danger. The police may ask unwarned questions to neutralize the threat. Once the investigation turns away from the threat and focuses on prosecutorial interests, Miranda warnings must be given before custodial interrogation may continue.

Although Quarles case did not involve terrorism, the exception is well suited for these types of circumstances. Recent events such as the attempted bombing of Northwest Airlines Flight near Detroit in 2009, and the attempted bombing in Times Square in 2010, highlight the potential importance of

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this exception.

We now know that law enforcement authorities invoked the exception during the initial questioning of Tsaraev. This decision appears completely justified and in keeping with the law. There was every reason to believe that the public remained in immediate danger when Tsaraev was first captured. The police were primarily motivated to neutralize the threat he and possibly others posed rather than to gather evidence for a later prosecution. The police were acting reasonably, and the Constitution promotes proper and reasonable police conduct.

The outer boundaries of the public safety exception remain unclear. For example, could it be invoked for a prolonged period while law enforcement gathers information about a terrorist network? In any event, the remedy for an improper application of the public safety exception by the police is to exclude the unwarned statements and perhaps derivative evidence. When one considers the future prosecution of Tsaraev, it seems unlikely that the possible exclusion of evidence on this basis would undermine the compelling proof of his guilt. |RG|

Ave Maria School of Law President and Dean, Eugene R. Milhizer, has presented lectures, speeches, and seminars at law schools and other venues across the country, and his legal scholarship has been published in many prestigious law journals. He can be reached at ermilhizer@avemarialaw.edu, or at 239-687-5305. www.avemarialaw.edu.

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n o i t a n i m r e t e n of d

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Comito

Take every motivational poster you'd even seen that purports to define determination and tear it off the wall. Do you want the real definition? You can find it in the smiling face of Carolena Long, or Baby C, as she's known around town.

She's a little girl who has endured a lot: endless surgeries from a rare birth defect called heterotaxy. Her mom and dad, Ashley and Kevin Long, were advised to terminate the pregnancy at 17 weeks because of the severity of the condition, and because so much is still unknown about it. While there was plenty of despair in the household during that time, the couple held onto hope, and eventually found a fetal cardiologist in St. Petersburg who encouraged that hope. “Not that C would be fixed or cured or have a long life,” said Ashley Long, who works as judicial assistant to Circuit Judge Bruce Kyle, “but that she could have a

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very full, meaningful life for as long as she is with us.”

Her colleague Terry Mockler, JA to Judge Frank Mann, Jr., was determined to find a way to help when she met Ashley and realized something was wrong. “When she first came here she didn’t know any of us,” Mockler said, “and she really kept to herself.”

This was during the time Long was reeling from the news that something was wrong with her third child. “At that point, everything good about being pregnant vanished,” she recalled.

“I did not want to talk about the pregnancy, I did not want to let anyone know that we knew we were having a girl and I even refused to have a baby shower prior to her birth just in case.”

Mockler didn't know how to help, and working for a judge, wasn't able to solicit money from all the attorneys she'd known for years. Fate seemed determined to intervene. She discovered her long-time friend and hairdresser DeAnne DeCicco also does Long's hair. “DeAnne has a huge client base and she soon got so many people excited about it and we were off and running!” Literally. The 5k walk/run event called Race for Baby C will take place for the third year on July 20 in downtown Fort Myers. Last year saw 500 participants and sponsors gathered in

determination to support the Long family, netting more than $20,000!

Carolena was born with only half of a functioning heart, and without a spleen. “Our biggest challenge is that she started having deadly arrhythmias at nine months old,” Long wrote on

the blog she uses to educate others about the syndrome (www. kyleandtodd.blogspot.com). “Fortunately, she is stable with medication and has not needed too much intervention. The electrical issues are the scariest thing for us as we never know when they will strike and if she will respond to treatment.”

Baby C has had many surgeries on her heart and other organs. None of these are intended to “fix” her, as there is no cure for the disease, except an eventual heart transplant or possibly a heart/lung transplant. Any measures at this point can only serve to extend and enhance her quality of life. All things considered, her quality of life is pretty great. “She never acts sick or complains and really has no idea that what she has been through is anything but normal,” said her mom, who undoubtedly has a lot to do with that. But so does the community that comes out en masse on race day and for related activities to show their support for this little girl and her determined family.

“I just love the Long family and I admire all that they endure!” said Mockler. “Carolena is a miracle!” To find out how to get involved with the race or offer financial support, please contact DeAnne DeCicco at deanne1025@gmail.com. You may also find the Race for Baby C on Facebook. |RG|

RES GESTAE | JUNE 2013

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Many attorneys would like to think they raise the practice of law to an artform. While their success in that regard may be subjective, some work to nurture their artistic spirits outside of the office and courtroom. Perhaps painting, drawing, or ceramics provides a benefit to one’s professional life in sharpening the creative thinking skills. Those who dedicate themselves to the practice of art, however, will tell you the benefits are intrinsic.

John Coleman is such an artist. His medium is stained glass, and as you can see from the accompanying photos, the result is beautiful and unique. You’ll be able to see pieces like these in person on the night of July 18 as part of the LCBA Artists’ Reception at the Sidney & Berne Davis Art Center. This follows the show’s grand opening on July 5, when all our attorney artists can display their work, starting the night of ArtWalk.

This won’t be Coleman’s first show at that esteemed cultural center, having had a solo appearance in 2010. You may have seen his work also inside the office of Fowler White Boggs at an ArtWalk a couple of years ago, or at his gallery on McGregor, across from the Landings. He’s never been interested in selling his work, but that might soon change. “My wife says I have too many pieces at this point.”

His passion for glass began with his lovely wife Patsy. She went to take a class in stained glass technique, then taught him everything she learned. To say he took to it would be a bit of an understatement. His catalog, part of which can also be seen online at www.johncolemanstainedglass.com, is extensive, with a couple of hundred finished works. Part of the reason he hasn’t parted with them is, he explained, “I want to make sure I never do anything twice.” But also, he simply enjoys them.

Since that first introduction to glass art, he and his wife have learned mosaics and fused glass. He finds the work is relaxing and it’s always interesting to learn new techniques and apply them to different surfaces, like furniture. Also, “My wife says it keeps me out of the bars.”

Lawyers and judges, do you have an artistic pursuit that you enjoy? There is still time to be part of the show. Send an e-mail with ART SHOW ENTRY in the subject line to info@leebar. org. The LCBA Artists’ Reception will take the place of July’s regular Thursday Social. If you don’t (yet) believe you have an artistic bone in your body, please do attend, and celebrate your colleagues who practice art for its own sake, graciously share it with this organization, and make our community a better place to live. |RG|

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On the Bench The Hon. Leigh Frizzell Hayes People who end up in the local media after appearing in a courtroom often don’t consider it a point of pride. Judge Leigh Frizzell Hayes is trying to change that, and she’s had some successes along the way. You might remember young K’yanni Pope from last November’s cover of Res Gestae seated next to the judge, both of them beaming at the camera. What were the charges? Learning and laughing during a mock trial as part of the annual Constitution Week activities.

“Her mother was so proud she was in the paper and hadn’t even done anything wrong to be in the paper,” remembered the judge. Since then she’s presided over several more such events, including the high school-level Lee County Mock Trial Competition and a mock trial for middle school students during Law Week. The irony implicit in the mother’s statement highlights a sad fact in modern life – that young people often get attention for doing the wrong things. “It’s good for them to come in and see how the legal system works and can work for them, not just when they get in trouble,” she explained.

The judge is one of three county judges who was born and raised in Fort Myers, the others being the Hons. Archie Hayward and Frank Mann, Jr. She notes the area has changed, bringing more options for shopping, dining out and entertainment, but also plenty of crime. The murder statistics are especially troublesome, but point out a general trend in our quality of life. “I think people cared about each other and helped each other more back in the day,” noted the judge.

As much as possible, she sees the courtroom as a place to not only mete out justice but to occupy the role of caring that used to happen in the community at large.

Together, the Hons. Hayes and Josephine Gagliardi each handle an eighth of the county docket and split the drug court docket.

With a felony charge against a defendant, the State Attorney often offers a choice between prison or drug court. Yes, the judge confirmed, many people do choose prison, wanting to just get it over with. But for those who choose to work to turn their lives around, “We become emotionally involved in their lives.” |RG|

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From the Bar Leland E. Garvin, Esq. Young attorneys are naturally motivated to go out there with both guns blazing. In evaluating whether to bring an injury case to trial, Leland Garvin said he’s lucky to have his father’s help. “Often the client will say that they want a trial, or more money, but will they really be better off after the expenses of a trial?”

Born and raised in Fort Myers, Garvin worked for the State Attorney’s Office in Fort Lauderdale for three years before starting his own practice handling criminal and personal injury cases. Last December, he decided to come back home and join forces with his dad, Jeffrey R. Garvin, at the Garvin Law Firm, which recently moved to a new location in the former Fishel and Dowdy Jewelers across from the Edison Mall.

He said he always knew he would come back someday, and having witnessed the economy begin to recover from its wild gyrations, figured the time was right. Additionally, he wanted to take advantage of his dad’s mentorship while the elder Garvin still had a good number of years ahead in his professional life.

While he considers easy access to his dad’s advice a real career booster, he acknowledges it probably isn’t the right situation for everyone. The two complement each other in the practice, with Garvin benefiting from the goodwill created by his dad. “It’s not something where I’m his employee, which might cause us to bump heads,” he said. He suggests a young lawyer would do well to cut his or her teeth elsewhere before teaming up with a parent, and then test the waters in advance by partnering up on small projects.

Garvin’s cautious approach to collaborating with family comes after much experience of being thrown into the action. Before finishing law school, he embarked on a Certified Legal Internship at the Broward SAO, which enabled him to handle jury trials before he even had his license. He remembers being hungry for trial experience. “I would try anything other attorneys didn’t want. I probably lost the bulk of them but I learned quickly what not to do.”

When he’s not at work, Garvin enjoys fishing, trips to the keys, and fixing up old boats and houses. |RG|

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Pro Bono Spotlight

And The Love Light Shines On… In memory of Lynn Suzanne Spradley

By Vera Bergermann On March 24, 2013, the Lee County Bar Association lost one of its brightest stars in the pro bono firmament, Lynn Suzanne Spradley. At her well-attended memorial service held on April 13, 2013, it was clear that Lynn’s brilliant smile, ready wit, and generous nature lifted the spirits of those who knew her as well as people whose lives were only briefly entwined through a legal action. Lynn was always willing to help people in need, and her commitment to service was extraordinary.

After she passed, LCBA Memberat-Large Kelly Fayer spoke with one of Lynn’s former clients. He shared that his ex-girlfriend had refused to provide her address so he could send Christmas presents to their son. Lynn was able to get the address from the opposing attorney, but it was released only to her. Instead of litigating the issue and risking a judicial resolution after the holidays, Lynn allowed the client to send the presents to her home. She then hand delivered the gifts—true to her motto, “Keep on Gettin’ Up.” In the summer of 2006, Lynn moved to Cape Coral and opened her own law practice. Committed to helping those in need, Lynn became the Chair of the LCBA Pro Bono Committee. Aside from being a consistent “go to” attorney in the area of pro bono family law, Lynn assisted with the grant writing leading to the establishment of the Foreclosure Task Force and the creation of a website with resources for

those facing foreclosure. The LCBA presented Lynn with the President’s Award for Outstanding Service in 2009. The Lee County Association for Women Lawyers has named its scholarship (created several years ago) in her honor, the Lynn Suzanne Spradley Brightest Star Scholarship.

The LCBA Pro Bono Committee reminds everyone that there is a campaign underway to honor her memory by taking a pro bono case, the Lynn S. Spradley Memorial Pro Bono Service Pledge Drive. At the October membership meeting, which acknowledges all LCBA members who have contributed pro bono service hours during the prior year, the LCBA will debut the large plaque that will hang in the LCBA offices, “The Lynn S. Spradley Memorial Pro Bono Service Champions.” Won’t YOU consider becoming a champion today? Making that commitment is as simple as a click on your computer to the LCBA. |RG|

Vera Bergermann Esq. is the owner of the Bergermann Law Firm has been practicing law for 32 years. Her chosen area are family law, mediation, and foreclosure defense. She holds a master's degree in taxation and, prior to opening her Ft. Myers office in 1996, Vera worked in the corporate sector for GE, UNISYS, Nortel, and ITT and has a private tax practice. Vera is a member of the Above Board Chamber of FL and supports many organizations in SWFL.

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The Dish

by Sara Fitzpatrick Comito Metro Parkway offers a lot in terms of commercial building products and home improvement showrooms, but part of that industrial warehouse frontage belies a surprising, irresistible secret. And once you know, good old Metro will become a destination, rather than none-too-scenic access to points north and south of central Fort Myers for those weary of US-41.

European American Bakery Cafe will be your destination for lunch, pastry or a gourmet coffee drink. You may well have enjoyed their bread, pastries and sandwiches at a nearby hotel or office, whether provided on a wholesale or catering basis without realizing where they came from.

The nice people at European American would also be pleased to treat you as their personal guest. That’s the mission at the cafe, which opened at its present location in 2001. That would be a nice run for any restaurant, but it’s only a small part of the story. Earlier history brings us halfway across the world, to a republic you won’t find on any updated political maps.

The business is more than nominally European (and so are the strudels, rugelach, danish, baklava and fresh baked breads).

Founders Sam and Zlata Savich emigrated from the former republic of Yugoslavia and then opened the European American

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The Dish Bakery Company in 1977. Its newer retail business underwent a recent facelift, and the business held a grand re-opening in March to commemorate its renovation and expansion.

European American is very much a family business. On the day of my recent visit, I was greeted by their son Michael, who stood behind a counter displaying dozens of cakes, breads, bagels, cookies and – my personal vice – flaky, buttery, golden pastries of every description. I ultimately indulged in an apple danish that featured enough cinnamon fruit filling to get some in every bite but not so much as to be indecent. It also had stretchy, pull-apart dough that was tastefully appointed with confectioner’s glaze.

or a Euro Cafe Salad with field greens, sundried tomatoes, artichokes, beautifully marinated portabella mushrooms, blue cheese, walnuts and pesto. It comes with a wonderfully balanced balsamic vinaigrette.

My companion enjoyed a pastrami sandwich on Portuguese bread, which the cafe has named the Mediterranean Melt, owing to the use of such bright flavors as sauteed spinach and sun dried tomatoes to go with the requisite cheese, onions and mustard.

Our server was enthusiastic and quick to attend to our every need, which included frequent refills of delicious fresh brewed iced tea. A full coffee bar menu is available, including lattes, cappuccino, and frozen blended drinks. Beer and wine is also offered, as is outdoor seating, free wifi, a bakery rewards card and an option to order online for quick pick-up.

The company still offers wholesale bakery goods and catering. According to the company’s website, “We continue to strive to provide quality, delicious and unique foods to our customers with the goal of leaving you fully satisfied.” If my experience is any indication, European American Bakery Cafe continues to reach and exceed that goal even after more than 35 years. |RG|

European American Bakery Cafe 12450 Metro Pkwy, Fort Myers 239.225.0450 www.eabake.com

That was dessert. Leave room for it, and be a hero by bringing a box back to the office, but don’t forget to peruse the whole menu. It features wraps, burgers, panini sandwiches, soups...

Breakfast is served until 3 p.m. and consists of fresh quiches, omelets, bakery fresh French toast, even pan fried steel-cut oatmeal served with pears, pecans and warm maple syrup.

I was tempted by the pot pie soup, which came with a crunchy disk of puff pastry on top to keep it warm. The soup offered a garden-fresh herb aroma and contained a generous portion of juicy white meat chicken, carrots, celery and potatoes. If you have the patience to wait until the pastry begins to absorb a bit of the velvety cream then I admire you. Try keeping it on deck while you enjoy an ultimate BLT on a grilled croissant

Bakery and cafe open: Mon – Fri: 7:00 am - 5:00 pm Breakfast: all day until 3 p.m.

Lunch: 10:30 – 3 p.m.

Limited menu: 3 – 5 p.m.

Saturday breakfast: 8:00 a.m. - 2:00 p.m.

Lunch: 11 a.m. - 2 p.m.

Sara Fitzpatrick Comito is a freelance writer and associate editor of Res Gestae magazine, and a freelance writer for the Naples Daily News. For suggestions or comments on this regular feature, please contact Sara at Sara@ConricHoldings.com.

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Social Scene

Law Week Awards Luncheon

Renee Binns with Anya Pence, the Dr. James A. Adams Lee County Teacher of the Year recipient, and Scott Beatty

Lee County Commissioner Cecil Pendergrass and Sheriff Mike Scott

Sanibel Police Officers Grace Towler and Kurt Schulte the 2012 winner

FMPD’s Officer Dennis Eads, Hon. Tara Paluck, and CCPD Deputy Chief Bart Connelly

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Fort Myers Police Detective Nichole Greene and Mayor Randy Henderson, Jr.

Renee Binns proudly dispays her award recognizing her for her work with the Mock Trial Committee

Social Scene

Liberty Bell Award recipient Violet Belcher, with Lee County Bar Association President Mary Evans and Member-at-Large Kelly Fayer

Sanibel PD Officer Kurt Schulte with State Attorney Stephen B. Russell

Detective Michael Tamulionis, recipient of the Law Enforcement Officer of the Year Award and State Attorney Stephen B. Russell

Cape Coral Police Officer Jennifer Bochetti with State Attorney Stephen B. Russell

Honorable Hugh Hayes and LCBA President Mary Evans

Tom Scott of the Lee County School Board and Judge John Carlin RES GESTAE  |  JUNE 2013

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Social Scene

A B LC Health Luncheon

Lisa Poulin and Ghaylene Reyes Attorney Jo Ellen Kane and Chris Larson

Attorneys Spencer Cordell, John Agnew, and Scott Atwood

Attorneys Theodore Tripp and David Sims

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Attorneys Theresa Daniels, Shawn Seliger and Elizabeth Wolt

Attorneys Kim Patrick Hart and Mary Evans

Social Scene

at

e d i s r o b r a H

Attorney Kim Patrick Hart, Judge Josephine Gagliardi, and Attorney Theodore Tripp

Attorney Shawn Seliger, Chris Larson of Florida Rural Legal Service, and Attorney John Sheppard

Judge Joseph Fuller and Attorney Ronald Buschbom

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Social Scene

Law in the Mall Eviana J. Martin responds to questions from a community member

Barbara Cossu speaking with those in need of legal advice

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Mediations / Arbitrations

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Ty Roland and Evan Lubell speak with the public

Attorneys Dustin Butler, Gus Simmons and Jon Bierfeld

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In Memoriam

Remembering our colleagues and friends Roger Angel - A wonderful human being Let us celebrate the memory of Roger Angel, who passed away in April. He was born in Chicago February 12, 1946, to Dr. Norman Angel and Joy Angel. He was preceded in death by his father. His survivors include his mother, Joy Angel, and his brother, Michael Angel.

He received his undergraduate degree from Tulane and his law degree from the University of Wisconsin. Roger practiced criminal law for 40 years in Miami and Fort Myers. He tried more than 200 cases, including many first-degree murder cases.

Roger was a wonderful human being to his clients and everyone who knew him. He was a credit to his profession.

Ray Goldstein - A caring father figure The senior partner of Goldstein, Buckley, Cechman, Rice & Purtz, P. A. passed away in mid-April at the age of 81. It was his wish that there would be no service or memorial.

Ray had been with the firm for more than 40 years, during which he served as managing attorney for eight years.

“Ray was the father figure for many of us at the firm,” said Jeffrey Rice, current managing attorney for the firm. He was one of the kindest, most caring men we have ever known. We always knew that we could turn to Ray for wise insights regarding both business and personal matters. His patient yet diligent efforts on behalf of his clients benefited thousands of people over his long career in obtaining justice.”

Ray served his country in the US Air Force from 1951 until 1955. He moved to Fort Myers from Philadelphia in the 60s and immediately became actively involved in our growing community. He joined the firm in 1972 and was admitted to practice before the United States Supreme Court.

Condolences may be sent to Mrs. Tina Goldstein, 15404 Fiddlesticks Blvd., Ft. Myers, FL 33912.

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Legal Briefs Mandatory E-Filing off to a successful start The Lee County Clerk of Courts Office reported a successful start in meeting the Florida Supreme Court’s mandate to accept civil cases through the Florida Courts E-Filing Portal, www.myflcourtaccess.com. The mandate went into effect April 1, 2013, and as of a press release received just prior to the end of that month, more than 28,285 documents were electronically filed in Lee County.

“The transition from optional to mandatory E-Filing has been very smooth overall, thanks to the dedication and hard work of the Clerk’s civil team,” said Linda Doggett, Clerk of Court. “This changes the way we do business and will ultimately reduce costs, increase timeliness in the processing of cases, and improve services to the public and judiciary. The next step is to use these electronic documents in the court room and the judiciary is very close to making this happen. It is very exciting!”

The Florida Supreme Court mandated all attorneys file documents electronically in civil cases, probate, circuit and county civil, and family law cases through the statewide portal. At press time, more than one third of all attorneys registered with The Florida Bar are making use of their E-Filing account. By the end of the first week, more than 206,000 documents were sent through the Florida Courts E-Filing Portal and transmitted to the local clerk’s offices and the Supreme Court – topping the average daily number of documents filed statewide in March by nearly 500 percent.

Florida is one of the first states in the nation to implement statewide electronic filing of court documents and has implemented E-Filing at the trial and appellate court levels in all 67 counties and in the Florida Supreme Court. Electronic filing in the five District Courts of Appeal will be phased over the balance of the year. Then the next major revision to the portal will be seen October 1, 2013, when attorneys will be required to file criminal cases.

To access the Florida Courts E-Filing Portal, please visit www.myflcourtaccess.com.

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Legal Briefs Florida Rules app now available The updated Florida Rules app is now available for iPhone, iPad, and iPod Touch. All legal practitioners and their staff may download it in the App Store.

The Florida Rules app offers access to PACER, the Florida Rules of Procedure, Federal Rules of Procedure, Florida Bar Directory, locations and turn-by-turn GPS navigation to all state and federal courts in Florida, local rules for the Middle, Northern, and Southern Districts, links to the Web sites for all Florida state and federal courts and more.

To download, search the App Store for Florida Rules.

The Florida Bar releases free mobile apps The Florida Bar now has free apps for iOS (iPad, iPhone and iPod Touch) and Android devices that provide current Bar news and a quick member lookup. It also has for the first time released a custom app for the 2013 Florida Bar Annual Convention.

The latest version of The Florida Bar App is now the base where other apps and mobilized pages that connect with the Bar's website will be added. The Bar News App features top/breaking news, automatic content updates, the most recent news articles, classified ads with direct dial and email, favorites tagging and share capability via email.

The Find a Lawyer App provides a quick lookup of Bar members and features direct dialing of phone numbers from smartphones and a link to email addresses for smart phones and mobile devices.

The 2013 Florida Bar Annual Convention App is also now available. The custom app provides convention schedules in several formats, information on seminars and speakers, exhibitors and sponsors with links and maps of the facility, and bios of speakers.

Through it a personal schedule can be set up. It is also linked to the Bar’s Facebook page and Twitter feed to keep attendees up to date on the latest convention happenings.

The development of the convention app is another step in the Bar’s effort to better communicate with its members. The annual convention is set for June 26-29 at the Boca Raton Resort & Club. “Inclusion: The Path to Unity” is this year’s theme.

For more information and to download The Florida Bar App and the 2013 Annual Convention App, visit www.floridabar.org.

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6767 Winkler Road, Fort Myers, Florida 33919

Legal Briefs Spivey named to Super Lawyers, earns Martindale-Hubbell award Randall Spivey was selected for Florida Super Lawyers for 2013. The magazine recognizes outstanding lawyers in Florida for attaining a high degree of peer recognition and professional achievement. Only five percent of the lawyers in the state are named to the list.

Spivey also earned the Client Distinction Award for MartindaleHubbell. This honor has been made possible by clients who have taken the time to nominate him in the following areas: •

Communications ability

•

Responsiveness

•

Quality of service

•

Overall value

Fewer than 4 percent of the more than 900,000 attorneys listed on martindale.com and lawyers.com have been accorded this honor. This award serves as a point of reference that tells clients and potential clients that others have confidence in an attorney’s work.

Randall L. Spivey is the founder of Spivey Law Firm, Personal Injury Attorneys, P.A. which represents injured people and their families in catastrophic personal injury and wrongful death cases.

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.

RES GESTAE | JUNE 2013

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Legal Briefs Two attorneys join Henderson Franklin Litigation Team

Attorneys William Boltrek and William Kratochvil have joined the Tort and Insurance Litigation practice area at Henderson, Franklin, Starnes & Holt, P.A. Boltrek relocated from a firm in upstate New York, where as partner, he handled all aspects of insurance defense cases in state and federal court. He focused his practice in cases involving premises liability, motor vehicle liability, insurance fraud, labor law, negligent security and supervision, breach of contract, discrimination and construction law. Boltrek also served as an assistant district attorney in Kings County (Brooklyn) New York. He can be reached at 239.344.1299 or william.boltrek@henlaw.com.

Kratochvil concentrates his tort and insurance defense practice in the areas of personal injury, wrongful death, civil rights, and construction litigation. He also handles special investigative unit/fraud cases and general commercial litigation matters.

Kratochvil previously served as the judge advocate for the PFC Paul E. Ison Marine Corps League Detachment. He was in the United States Marine Corps from 1990-1994 and served on the Presidential Guard Detail for President George Herbert Walker Bush, and then in the infantry.

Kratochvil is a member of the Lee County Bar Association and previously served on the Board of Directors for the YMCA of Lee County. He has been recognized by Florida Super Lawyers for his personal injury defense work and is AV rated by Martindale Hubbell. He can be reached at 239.344.1249 or william.kratochvil@henlaw.com.

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Legal Briefs Fayer Elected to LCBA Executive Council Attorney Kelly L. Fayer has been elected to serve on the 2013 Executive Council of the Lee County Bar Association. She will serve a five-year term, and will become President of the LCBA in year five. In her first year as Member-at-Large, she will be responsible for new membership development and retention.

“I am honored to have been elected to serve in this leadership role with the LCBA,” Fayer said. “Our membership is comprised of top attorneys in all practice areas that truly understand the value of giving back to the community. My goal is to create greater awareness and to connect members with businesses and individuals throughout our community.”

In addition to serving on the LCBA Executive Council, Fayer is the past president of the Estate Planning Council of Lee County and president of the Lee County Association of Women Lawyers. She serves on the board of directors for the Association of Family Law Professionals and Voices for Kids of Southwest Florida. Kelly Fayer also volunteers for numerous other charitable organizations and events, including Arts for ACT, benefiting Abuse Counseling Treatment Center, and Love That Dress, benefiting PACE Center for Girls of Lee County.

The Fort Myers-based law office of Kelly L. Fayer, P.A., provides estate planning and family law services.

Hahn Loeser opens new downtown Fort Myers location Hahn Loeser & Parks LLP has opened its new law offices at 2400 First Street, diagonally across from the Sidney & Berne Davis Art Center and next to the soon to be opened Fort Myers Library. The 8,000 square-foot office space has undergone a complete redesign and renovation.

The new location includes conference facilities for large and small groups, as well as the latest wireless and video conferencing technology, 13 individual offices, and expanded facilities. The expansion will allow the firm to increase its legal staff from four to 10 attorneys and to increase additional support staff.

“We are excited to be in a position to hire during this time of economic recovery,” said Jeanne L. Seewald, Southwest Florida offices managing partner for the full-service law firm.

Headquartered in Cleveland OH since 1920, Hahn Loeser, has had a Southwest Florida presence since 2003 with offices opening in Naples in 2005. Since 2008, the Fort Myers office had originally been located in the historic Chadwick House on East First Street.

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1430 Royal Palm Square Blvd. Ste. 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com RES GESTAE | JUNE 2013

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Legal Briefs 2013 Annual Florida Bar Convention

The Annual Florida Bar Convention, taking place this year at the beautiful Boca Raton Resort & Club June 26 – 29, provides the ultimate environment to network with colleagues, judges and friends. Take advantage of more than twenty CLE seminar opportunities on current topics, plan to visit the lawyer’s marketplace, attend special events, luncheons and more! For one low registration fee you will receive four days of CLE seminar opportunities that will educate, motivate, and inspire.

Online Registration is now available, and early registration fee is $225 until June 12. Visit floridabar.org for convenient online registration. Also at the site, you may view the extensive convention schedule including dozens of section and committee conferences, law school alumni receptions, educational opportunities and focused networking. Plan to attend special ticketed events (advance registration required): • All Member Reception - Thursday • General Assembly - Friday • Young Lawyers Division President’s Dinner - Thursday • The President’s Reception - Friday A discounted hotel reservation rate is available until June 5 or until sold out. Complimentary CLE option with Advanced Registration: Federal Judicial Roundtable (Thursday 2:15 – 6 p.m.).

For more information, please contact AnnualConvention@flabar.org or (850) 561-5613

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Legal Briefs

William Boltrek III Jacqueline Bruehl Ronald L. Buschbom Aaron D. Cilek Rebecca A. Cortes Christopher Cudebec John D. Cusick Denise B. D’Aprile Mary M. Daugherty Valerie K Downing Lindy M. Gonzalez Elizabeth Grimmer Roshani M. Gunewardene

Alan F. Hamisch Charles M. Harris Lauren M. Harris Christine E. King Jennings Jennifer M. Keil James S. Legg Christina M. O’Brien Debra M. Parks Derek P. Rooney Emily Sigler Timothy S. Steele Annette M. Thompson W. Wade Wallace

Tishana T. Wokocha

• Legal Blogs

• Stationary Packages

• Press Releases

• Media Buys

• E-newsletters

• Branding & Logos

• Websites

• Business Cards

• Social Media

• Advertising Design & Campaigns

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Legal Briefs Brock achieves highest Martindale Hubbell rating Henderson, Franklin, Starnes & Holt, P.A. announced Attorney Amanda Brock achieved an AV Preeminent rating by Martindale-Hubbell, the highest an attorney can achieve from the resource. Lawyers are rated on their legal knowledge, analytical capabilities, judgment, communication ability and legal experience.

Brock concentrates her practice in administrative law, particularly in the area of land use and environmental law. She routinely handles matters involving environmental compliance, zoning, development approvals, property tax appeals, and hazardous waste site remediation. She represents clients before local, state and federal agencies.

She is a regular contributor to the firm’s The Legal Scoop on Southwest Florida Real Estate and speaks frequently on land use and environmental matters.

Brock serves on the Lakes Park Enrichment Foundation Board and on the Executive Council of the Florida Bar’s Environmental and Land Use Section. She is also a member of the Florida Association of Environmental Professionals and serves as Secretary of the Board of Governors of the Real Estate Investment Society (REIS).

Brown elected Estate Planning Council president Heidi M. Brown, associate attorney with Osterhout & McKinney, P.A., has been elected to the position of president of the Estate Planning Council of Lee County for the 2013 calendar year.

The organization is composed of local professionals including attorneys, accountants, financial planners, insurance agents, bankers and trust officers who are dedicated to increasing their estate-planning skills as well as creating professional contacts and relationships within the community.

“I look forward to working with the many talented estate-planning professionals for the benefit of our mutual clients here in Southwest Florida,” said Brown.

Brown is a member of the Academy of Florida Elder Law Attorneys, National Association of Elder Law Attorneys, The Elder Law and Real Property, Probate and Trust Law sections of The Florida Bar and The American Bar Association. She is the immediate past president of the Southwest Florida Chapter of the Alumni Association of the College of William and Mary, and most recently received accreditation for the preparation, presentation and prosecution of claims for Veterans benefits before the Department of Veterans Affairs (VA).

• Depositions • Court Hearings / Trials • Meetings • Independent Medical Examinations • Public Hearings

• Real-Time Services • Video Conferencing • E-Transcript • Compressed Transcripts and Word Index • Transcript of Media

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

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Legal Briefs Cross named partner at Goede, Adamczyk & DeBoest The law firm of Goede, Adamczyk & DeBoest, PLLC announced attorney Brian O. Cross has been named partner in the practice. He was born and raised in Naples, Florida. Cross practices in the areas of business litigation, construction litigation, real estate litigation and general commercial litigation.

Cross has handled hundreds of complex litigation cases and has experience in all aspects of commercial and civil litigation and practices in Florida’s state and federal courts.

Managing Partner John C. Goede said, “Brian’s extensive knowledge and experience is an asset to our growing law firm.”

Cross volunteers as a judge for the Collier County Teen Court Program and was elected to a seat on the East Naples Fire Commission in November 2012.

Roetzel Named to Attorneys’ Title Fund Services President’s Circle Roetzel has been recognized as a member of the Attorneys’ Title Fund Services’ “President’s Circle” for its work throughout 2012.

The Fund’s President’s Circle is composed of a group of top-tier law firms that have received this statewide recognition because of the commitment they have shown to their clients and to The Fund. Fewer than 2 percent of The Fund’s member firms in 2012 received this distinction.

In addition to its recognition as a member of the President’s Circle, Roetzel’s Real Estate Group features multiple attorneys that are nationally recognized as “Best Lawyers in America” in Real Estate Law, are board certified in Real Estate Law by the Florida Bar and possess AV Preeminent ratings from the Martindale-Hubbell Law Directory.

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Legal Briefs

s n o i t a l u t a r g n o C s e g d u j w e to our n t n e c e r r i e on th ! s e r u t i t s e inv

Hon. James M. McGarity Hon. Franklin G. Baker (circuit judge, retired) swears in Hon. James M. McGarity

Hon. James M. McGarity gets a hand with the robe

Photos by: Carrie Chalker Smith

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RES GESTAE | JUNE 2013

phone 239.334.7017 | FAX 239.334.6662 (941) 587-8633 • Sarasota (941) 587-8365 • Bradenton

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Legal Briefs Hon. Lisa S. Porter

Hon. Joseph G. Foster

Hon. Donald E. Pellecchia (circuit judge, retired) swears in Hon. Lisa Spader Porter

Hon. Hugh D. Hayes swears in Hon. Joseph G. Foster

Hon. Lisa S. Porter with her parents, Judy & Carl Spader

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$15,000 One-Time Initiation Fee / $877 mo. dues Call Lisa at 239-210-2775 or visit www.fiddlestickscc.com RES GESTAE | JUNE 2013

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Calendar of Events

June 2013 6

JUly 2013

Uncommon Friends Foundation “An Uncommon Evening”

LCBA Scholarship Award for Law-Related College Education to Elizabeth Santiago, Ida S. Baker High School Student

7 14

Young Lawyers Division Lunch Meeting French Connection at Noon

Membership Committee Meeting Noon

Family Law Practice Lunch & CLE LCBA 3rd Thursday Social Membership Meeting CANCELED

2013 Annual Florida Bar Convention Boca Raton Resort & Club - June 26-29 Theme is The Path to Unity More information on pg 38 and at www.floridabar.org/AnnualConvention

Courthouse & LCBA office closed

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

French Connection at Noon

12

Membership Committee Meeting

12 p.m. Henderson Franklin in conference room 1

RPPTL Practice Section Lunch Noon

18

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

Lawyers & The Arts:”Raising the Bar”

5-7 p.m at the new offices of Hahn Loeser & Parks at 2400 First st.

21 2629

Independence Day

Young Lawyers Division Lunch Meeting

12 p.m. Henderson Franklin in conference room 1

RPPTL Practice Section Lunch

20

4 5

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

Sponsors: Merit Court Reporting and CopyLady

1920 24 25

Voluntary Bar Leaders Conference

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

Executive Council Meeting 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.

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 NO MEETING - JUNE Thursday, July 25 Thursday, August 29 at Henderson Franklin (CR #1)

Thursday, September 26 Thursday, October 31

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org

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RES GESTAE | JUNE 2013

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

100 Club

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Aloia Roland & Lubell, LLP Andrew S. Epstein, P.A. Arend & Sisk, P.A. Bonita Springs City Attorney’s Office Costello Royston & Wicker, P.A. Boyle Gentile Leonard & Crockett P.A. Bruno & Prado, PLLC Burandt, Adamski & Feichthaler, P.L. Calvo & Calvo Coleman & Coleman Engvalson & Associates, P.A. Fort Myers City Attorney’s Office Fowler White Boggs, P.A. Freidin • Dobrinsky Fried & Fried, P.A. Garvin Law Firm Geraghty, Dougherty, Edwards, P.A. Goldberg, Racila, D’Alessandro & Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. Joseph R. Gaeta, P.A. The Law Offices of Kevin F. Jursinski, P.A. Knott Ebelini Hart

Kushner & Kushner Lee County Legal Aid Society, Inc. Luis E. Insignares, Attorneys at Law The Livingston Law Firm McQuagge Law Firm The Law Firm of Scott T. Moorey Neaher & Teuber, PL Norma Hand Brill, P.A. North Law Firm, P.A. The O’Brien Law Firm O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Prather and Swank, P.A. Andre J. Patrone, P.A. Pavese Law Firm Phoenix Law Partners, P.A. Rubinstein & Holz, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys PA Steinberg & Linn, P.A. Strayhorn and Persons, P.L. Thompson Family Law, P.A. Toll Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Weldon & Rothman, P.L. The Wilbur Smith Law Firm, PLLC Yeslow & Koeppel, P.A.

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.

RES GESTAE | JUNE 2013 4/10/13 10:23 AM

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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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