CALLING ALL LEGAL EAGLES!

IT'S LAW WEEK

HIT THE LINKS FOR A GREAT CAUSE
LCBAF Hosts Annual Golf Tournament on May 13
MAY 2023
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION














CALLING ALL LEGAL EAGLES!
IT'S LAW WEEK
HIT THE LINKS FOR A GREAT CAUSE
LCBAF Hosts Annual Golf Tournament on May 13
MAY 2023
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATIONThis is a tale from the LCBA Bench Bar-B-Q & Shrimp Boil 2023. It’s a pretty big event with many moving parts, from location to caterers to coordinating the dunk tank and so forth. We have been running a similar format for several years, so I thought it should be pretty straightforward.
That kind of confidence should have been my first sign of trouble. The second came a few weeks before the event.
“Cajun Jerry” Von Gruben has always been on acquisition duty for the shrimp and crawfish for the low country boil. But, the place he usually calls for the shrimp didn’t answer, due to the hurricane. Jerry had to do a little hustling, but ultimately was able to find another shrimp supplier. While that issue resolved, the big problem did not arise until later.
Jerry had ordered delivery for the night before the event – specifically to avoid any problems. He babysits them at home before bringing them to the Alliance for the Arts where we host the event.
The day before the boil, the crawfish never showed. It turned out there was a delay in shipping. The shipping company told Jerry not to worry; the shrimp would arrive before at least 10 p.m. on Saturday – 10 hours too late!
Jerry got the delivery company to let him pick the shrimp up first thing in the morning from their intermediate facility. Then, on his way to collect them, Jerry received a message of congratulations. Due to the inconvenience, the company upgraded him to home delivery and promised to deliver by the end of the day. When Jerry got to the facility, the shrimp had already gone out on a truck!
Jerry wouldn’t let it go, and used his legal negotiating skills to get the delivery company to connect him with the delivery truck driver by cell phone. He tracked down his rogue crawfish, met the truck at a gas station, loaded the crawfish coolers on his trailer, and made it to the shrimp boil just in time to get everything cooked for all our hungry attorneys and honorable guests. I didn’t even know until I showed up to help set up, and Jerry had already resolved the matter.
So, I want to give a special shout out of appreciation to Jerry, as well as our other cooking crew members, who include Judge Robert Branning, Judge Nicholas Thompson, and Bar Foundation President John Webb. Special thanks are also in order to everybody who helped set up, and especially with the heavy lifting, like Jerry Olivo and Casey Gartland. And, we couldn’t do this without my rockstar Executive Director Lauren Baugh, and her assistant Mairelis Tamayo. Thanks to their efforts, this was once again a great event!
Executive Director
Lauren Baugh
Administrative Assistant
Mairelis Tamayo
President
Spencer Cordell, Esq.
Vice President
Hon. Kathy Smith
YLD President
Casey Gartland, Esq.
John Dommerich, Jr., Esq.
Diana “Dawn” Maselli, Esq.
Travis Russell, Esq.
Douglas Szabo, Esq.
Bench-Bar Gala
Diana “Dawn” Maselli, Esq.
Diversity and Inclusion
Ita Neymotin, Esq.
Health and Wellness
Hon. Kimberly Davis Bocelli
John Miller III, Esq.
History
Jenna Persons-Mulicka, Esq.
E. Bruce Strayhorn, Esq.
Law-Related Education
T. Terry Rankin, Esq.
Law Week
Hon. John Carlin
Alternative Dispute Resolution
Anne Dalton, Esq.
Alexandra Kleinfeldt, Esq.
Appellate Law
Alex Brockmeyer, Esq.
Corporate Law
TBA
Criminal Law
Kathleen Fitzgeorge, Esq.
Agnieszka Osowicka, Esq.
Elder Law
Blake Hampton, Esq.
Amy McGarry, Esq.
Family Law
Kayla Richmond Miller, Esq.
Danielle Seitz, Esq.
General Civil and Business Litigation
Carlos Kelly, Esq.
President Emeritus
Tiffany Pereira, Esq.
Secretary
Jerry Olivo, Esq.
Treasurer
John Miller, III, Esq.
Hon. Robert Branning
Hon. Devin George
LCBA Foundation Charity
Golf Tournament
Kenneth Jones, Esq.
Shannon Puopolo, Esq.
Mock Trial
Eunice Gedeon, Esq.
Shaina Zuppke, Esq.
Paralegal
TBA
Pro Bono
Andrew Banyai, Esq.
Peter Dennis, Esq.
Immigration law
Nirupa Netram, Esq.
Intellectual Property Law
Holly McFall, Esq.
Mark Nieds, Esq.
Land Use and Governmental Law
Sarah Spector, Esq.
Real Property, Probate and Trust Law
Kenneth Kemp, Esq.
Peter Knize, J.D., L.L.M.
Robin Merriman II, Esq.
Solo & Small Firm
Jarred Duke, Esq.
Robin Merriman II, Esq.
John Webb, Esq.
Tort Litigation
Diana Castrillon, Esq.
Diana “Dawn” Maselli, Esq.
May is a BIG month for the LCBA, as you know May is known for “Law Week.” On page 17, you will find the 2023 Law Week schedule. We encourage you to attend all the various events, especially the Law Week Awards Luncheon, where we will honor those in the law enforcement community and issue our coveted Liberty Bell Award. While we are listing those who are to be celebrated this month, we cannot forget that May is also the month to celebrate mothers. For those who have not yet checked their calendar, Mother’s Day is Sunday, May 14! Each year I look forward to this day, because it is the one day that my daughter is forced to do what I want. With her being a tween, driving her as nuts as she drives me is kind of my mission at the moment.
Right before Mother’s Day is our LCBA Foundation’s Golf Tournament. If you have not already, go and check that event listing out on our website at www.leebar.org. You will also find more information in the article on page 16.
Staying in theme with big things happening in May, I am going to Key West for the first time ever this month! I am very excited to be able to experience what so many have said is the best place in Florida to visit. I plan to do all the tourist-y things, and am looking forward to seeing “Robert The Doll,” the Hemingway House with the polydactyl cats, drinking all the drinks, and of course, eating all the food! I have watched at least 30 YouTube videos on Key West and what to do as well as what not to do, so I feel prepared. If you have any must-see or must-do things for me, please let me know!
Back to business, though! We are about to launch our 2023-2024 LRS year and would love for YOU to join. We take in roughly eight leads a day, and about five of those turn into clients! If you are interested in learning more, please email LRS@leebar.org or give us a call at (239) 334-4491.
As always, check out our website (as well as page 10) for all upcoming events. You are not going to want to miss out on our upcoming programs and activities!
The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.
Publisher
Teri Hansen, APR
Advertising Account Executive
Elise Rose
Editor
Sarah Nadal
Associate Editor
Kathy Becker
Creative/Art Director
Christi Finger
Graphic Designer
Lynsey Gill
Contributing Writers
Lauren Baugh
Spencer Cordell, Esq.
Casey Gartland, Esq.
Alicia Miller
Henry Lee Paul, Esq.
Shannon Puopolo, Esq.
Kayla Richmond, Esq.
Richard Smith
Contributing Photographers
Jim Jett Photography
Res Gestae is an award-winning magazine published monthly by Priority Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to rgeditorial@prioritymarketing.com. To advertise, contact Elise Rose at (239) 267-2638 or rgsales@prioritymarketing.com. For billing inquiries, call (239) 334-0047.
We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by writers and advertisers are not necessarily opinions shared by LCBA, Res Gestae or Priority Marketing.
Copyright©2023 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 from the Lee County Bar Association. To inquire about such permission, please contact Lee County Bar Association at info@leebar org.
In Southwest Florida, season fills up quickly with vacation, professional appointments and family gatherings. As you plan ahead for 2023, here is a brief list of special LCBA events to note for your calendar. All dates are subject to change and any updates will be posted on LeeBar.org.
2 LCBA VBA Collaborative Event
What: FREE 30-day wellness challenge
Time: 12 p.m. to 1 p.m.
Location: Zoom
Theme: Happiness Guaranteed in 30. See page 18 for details.
4 LCBA Law Week Blood Drive
Time: 8 a.m. to 12 p.m.
Location: Miller Griffin Memorial Kiwanis Park
Email Lauren Baugh at Lbaugh@leebar.org to sign up to donate.
4 LCAWL Judicial Appreciation Reception
Time: 5 to 7 p.m.
Location: The Edison Restaurant
Cost: LCAWL Members: $30
Non-LCAWL Members: $35
Honorable guests are FREE!
5 6th DCA Oral Arguments
Time: 8:30 a.m. to 11:30 a.m.
Location: Lee County Justice Center, Courtroom 2B
5 LCBA Law Week Awards Luncheon
Time: 11:00 a.m. to 1 p.m.
Location: The Edison Restaurant
Cost: LCBA Members: $15
LCBA Non-Members: $25
11 LCBA ADR Virtual CLE
Speaker: Chris Donovan, Esq.
Topic: Swashbuckling Uncertain Appellate Seas As a Mediator
12 LCBA RPPTL Virtual Brown Bag
Speaker: Chris Vernon, Esq.
Topic: Investor Protection
13 LCBA Foundation Annual Charity Golf Tournament
Time: 7 a.m. check-in, 8:30 a.m. shotgun start
Location: The Forest Country Club
For additional details, please visit www.leebar.org.
29 Memorial Day - LCBA and courts closed
JUNE 2023
2 YLD Burritos with the Bench
16 LCBA Inclusion and Equality Luncheon at The Edison Restaurant. See flyer on page 33.
JULY 2023
4 Independence Day - LCBA and courts closed
12-15 Voluntary Bar Leaders Conference in Fort Lauderdale
21 LCBA Monthly Luncheon
AUGUST 2023
18 LCBA Monthly Luncheon
SEPTEMBER 2023
7 Labor Day - LCBA and courts closed
15 3rd Annual Downtown Dash
25 Yom Kippur - LCBA and courts closed
OCTOBER 2023
20 Pro Bono Awards Luncheon
NOVEMBER 2023
10 Veterans Day - LCBA and courts closed
11 Bench Bar Gala at The Westin
23-24 LCBA and courts closed
DECEMBER 2023
1 YLD Holiday Fiesta
7 LCBA Annual Holiday Party
22 LCBA and courts closed
25 LCBA and courts closed
Board Certified in Civil Trial Law by The Florida Bar
Represented Plaintiffs and Defendants
Former Plaintiff-side Personal Injury Attorney
Former Medical Malpractice Defense Attorney
Southwest Florida Resident Since 2005
Office in Collier County, Florida
A lawyer was disciplined subsequent to breaching the Florida Mediation Confidentiality and Privilege Act (F.S. 44.401-406). He attached a confidential proposed settlement agreement from a mediation to a civil complaint filed in federal court. The lawyer represented homeowners’ associations as plaintiffs, on a contingency basis, against mobile home park owners. The breach of the mediation privilege led to a cascading course of conduct and errors resulting in discipline.
As a result of the breach, the presiding district court imposed a $9,700.00 joint and several sanctions against the lawyer and his client. Additionally, the court dismissed the case and awarded $37,927.43 in fees to be paid by the client.
The lawyer stated that the client wished to refile the claim in state court, but would not do so if the client had to pay the fees and sanction awarded by the district court. The lawyer then negotiated a new fee agreement whereby he paid the awarded fees and the sanction for breach of the mediation privilege. These payments facilitated the refiling of the case in state court. It was agreed that the lawyer would be reimbursed out of any award in the state court case.
It was the lawyer’s conduct in relation to procurement of the new fee agreement subsequent to the breach of the mediation privilege that caused a conflict of interest in violation of Rule 4-1.7 (Conflict – Current Clients). This conflict was, in part, the basis for the imposition of a sanction of a 60-day suspension in the consolidated disciplinary cases SC22-391 and SC22-1097.
The referee explained the basis of the conflict and observed that the new “agreement did not explain joint and several liability, or state that respondent could be solely liable for the payment of the $9,700.00 mediation sanction regardless of any future suit filed in state court or any agreement to repay him.” The agreement did not disclose that the opposing counsel had already been requesting payment of the $9,700.00 from the lawyer. The client was not informed and did not understand that the lawyer could be solely liable for payment of the sanction.
The referee found that “The repayment agreement… amounted to a conflict of interest between respondent's personal interest and his client's interest since the mediation sanction debt, once paid by respondent, would be satisfied, and owed by no one.” The referee further found that there was no informed written consent by the client. Informed consent requires a lawyer to communicate “adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.”
The refiled state case resolved with no recovery and the lawyer was not reimbursed for payment of the fees or sanction. The client suffered no financial harm. Although the lawyer engaged in additional misconduct, discipline for this conflict gives emphasis to the importance of the obligation of a lawyer to make full and complete disclosure of relevant circumstances, risks and potential conflict to a client, even when the lawyer is attempting to provide extraordinary assistance.
“ LAW IS ORDER, AND GOOD LAW IS GOOD ORDER. — ARISTOTLE
Roetzel & Andress, LPA offers solutions for your most puzzling trust and estate matters. As a leading law firm located in Naples and Fort Myers, our attorneys regularly represent beneficiaries, fiduciaries and corporations in all aspects of estate and trust administrations. Then, if family drama ensues, Roetzel’s team of trust and estate litigators and appellate attorneys will be ready to protect your interests.
999 VANDERBILT BEACH ROAD SUITE 401 NAPLES, FL 34108
A hardworking mother and lawyer, Kayla Richmond, Esq. is a stockholder at Henderson, Franklin, Starnes & Holt, P.A. She handles cases involving dissolution of marriage (divorce), child custody, paternity, child support, adoptions and domestic violence injunctions. Kayla is admitted to practice in all Florida state courts and in the U.S. District Court for the Middle District of Florida.
of parties in making family law determinations. Importantly, it will require the court to consider the threatening behavior of a parent to another parent, even where the threat is not directly to, or about, the child. It will allow the court to more closely consider the psyche of parents, and their use of their children to harm the other parent, in granting orders of protection.
As family circumstances change, so do the laws that try to keep up with them. If you are a family law practitioner, you should be closely monitoring a few law changes that could occur in the State of Florida this year, and impact your practice.
First, keep an eye on “Greyson’s Law” (Senate Bill 130 and HB 97). Greyson Kessler was a 4-year-old boy who was killed by his father in a tragic murder-suicide in 2021. The father’s behavior was erratic, threatening and dangerous to the mother. As a result, the mother attempted to protect the child using the court system via injunctions, emergency pick-up orders and supervised timesharing between the child and father. However, based on the fact that the threats were directed at the mother, the court denied that there was a direct threat to the child requiring protection, and did not provide the mother relief. The outcome was life-ending.
Current law often requires shared or joint parenting of children when there is no domestic violence towards the child(ren), even if there has been domestic violence between the parents. Greyson’s Law will add violence occurring between parents (only) to the many factors considered when granting parenting time, domestic violence injunctions and ordering parenting plans. Greyson’s Law will require the Court to consider additional conduct
Another game-changing family law bill is Senate Bill 1146. The bill would allow unwed fathers, who acknowledge paternity, to receive the same legal recognition that married fathers receive under Florida law. Currently Florida law is archaic, in that it does not grant rights to a biological father who is not married to the mother of the child (without a paternity action). The unwed mother of the child is the natural guardian of the child, and retains all rights and responsibilities of parenting the child, until such time that a father secures his rights through the court system. Senate Bill 1146 would change the law to automatically make both the unwed mother and father the natural guardians of the child, after the father’s acknowledgment of paternity (i.e. father signs the birth certificate at the hospital).
Florida’s paternity law is complex, with a deep history of cases that attempt to define paternity, legitimacy or illegitimacy of children, and legal parentage of a child born out of wedlock. Senate Bill 1146 attempts to clear up the cases, and establish a father’s rights to parent their children, regardless of marriage.
It’s germane that during Law Week, we draw your attention to ever-changing family laws and how they will impact your practice. At the time of the drafting of this article, Greyson’s Law was heading to the final House committee meetings for approval, and Senate Bill 1146 had cleared the first stop in the Senate and was pending Judiciary Committee review. Check out their status of becoming law and become familiar with these issues that are sure to impact the families you are representing.
“ LAW IS THE EMBODIMENT OF THE MORAL SENTIMENT OF THE PEOPLE.
WILLIAM BLACKSTONE
Calling all Legal Eagles for Law Week 2023, a series of special events hosted by the Lee County Bar Association (LCBA) in tandem with many local partners.
The tradition centers around Law Day, which started in 1957 and is observed annually in the United States on May 1. According to the American Bar Association (ABA), it provides the opportunity to understand how law and the legal process protect liberty, strive to achieve justice and contribute to the freedoms that all Americans share. The goal is to celebrate the role of law and uphold the legal profession within our modern society.
In 2023, the theme of Law Day is “Cornerstones of Democracy: Civics, Civility and Collaboration.” As outlined by the ABA, it is intended to invite all people of the United States to work together in rebuilding trust in American institutions, respect for one another, and a willingness to collaborate to address the challenges that face the nation today.
Building around Law Day, the LCBA has prepared a week filled with programs for Lee County attorneys and honorable guests to enjoy. In fact, Law Week 2023 has already kicked off with Law in
the Mall, held on April 29 at the United Way office within Bell Tower. On May 4, there are two opportunities for you to participate. A blood drive will be hosted at Miller Griffin Memorial Kiwanis Park in Fort Myers, from 8 a.m. to noon. The need is great, so please donate if you are able.
Additionally on May 4, the Lee County Association for Women Lawyers (LCAWL) will host its Annual Judicial Appreciation Reception at the Edison Restaurant from 5 to 7 p.m. The event honors a local judge, and LCAWL will also be presenting a scholarship to a deserving applicant.
May 5 also brings two events. First, the Sixth District Court of Appeals (DCA) will hold oral arguments from 8:30 to 11:30 a.m. at the Lee County Justice Center. Next, head to The Edison Restaurant to help LCBA honor our outstanding awardees during the Law Week Awards Luncheon from 11:30 a.m. to 1 p.m.
For tickets and RSVPs, please visit LeeBar.org or email info@leebar.org.
The Lee County Bar Association Foundation is gearing up for its annual charity golf tournament at The Forest Country Club on Saturday, May 13. Registration is open at www.leebarfoundation.org. The tournament will be limited to 120 golfers to ensure a brisk pace of play.
The tournament includes a buffet breakfast, lunch and John Webb Legal Group’s world-famous Bloody Mary bar. In addition, there will be games and chances to win prizes throughout the course, including a hole-in-one car! As a new addition, players can let a former golf professional hit their drive on a challenging par 5.
The tournament will also feature a live and silent auction presented by our very own auctioneer, LCBA President Spencer Cordell. Bid on fantastic hotel stays, dining experiences and more! The Foundation will continue to accept donations of auction items and is grateful for all donations received so far.
This year’s tournament title sponsor is Henderson, Franklin, Starnes & Holt, P.A. “Henderson Franklin is thrilled to be the title sponsor this year. Supporting our community has always been a core value of our firm, and we are honored to play a part in helping to create a brighter future for all,” shared Doug Szabo, the firm’s managing partner.
The golf tournament is the Foundation’s largest fundraising event, with all proceeds benefiting its annual grant allocations. The grants support local charities that aid the community in line with the Foundation’s mission, which is to:
• Provide legal aid to the indigent;
• Support and participate in charitable endeavors benefiting youth and/or benefiting the underprivileged population;
• Encourage and promote education and community awareness of the law; and
• Provide for the establishment of scholarships.
Last year, the tournament raised close to $30,000, which helped fund grants for local charities including: Best Buddies Southwest Florida, Boys and Girls Club of Lee County, Child Care of SWFL, Children’s Home Society of Florida, Community Cooperative, Deaf and Hard of Hearing Center, Family Initiative Autism Support, Feed Thy Neighbor, FISH of SanCap, Guardian ad Litem – 20th Judicial Circuit, Harry Chapin Food Bank, I Will Mentorship, Lee County Legal Aid Society, #KindLee, Lighthouse of Southwest Florida, Inc., Literacy Council Gulf Coast, Meals of Hope, Midwest Food Bank –Florida Division, Miguel C. Fernandez Hispanic Bar Association, Miles of Smiles Foundation, NAMI, New Horizons of Southwest Florida, Pace Center for Girls, Quality of Life Center SWFL, THRIVE, United Way of Lee, Hendry, Glades and Okeechobee, and Valerie’s House.
If you are interested in sponsoring the tournament or learning more about the Foundation, please feel free to contact shannon. puopolo@henlaw.com.
The Foundation Golf Committee includes co-chairs Ken Jones and Shannon Puopolo, and committee members Kati Cook, Spencer Cordell, Vanessa Fernandez, Ehren Frey, Amanda Lasher, Sarah McComish, Meredith McBride, Michael-Anthony Pica, David Seitz and John Webb.
The Foundation is very appreciative of all of the time and effort the committee members spend on organizing the event. In particular, a special thank you goes out to Ken Jones, who has co-chaired the event for a number of years and is truly the face of the tournament! As stated by long-time committee member David Seitz, “The Foundation tournament has Ken Jones leading the way to fun! He’s been a joy to work with since I joined the committee several years ago.”
LCBA and the Law Office of Spencer Cordell recently hosted a Baseball Spring Training Outing on March 10 at JetBlue Park. Attendees enjoyed free food and drinks, watching from the suites as the Red Sox took on the Blue Jays and left it all on the field.
This year’s Florida Legislative Session started in Tallahassee on March 7, and is currently underway with numerous bills being drafted, introduced, debated, amended, voted upon and signed into law. It is scheduled to adjourn on May 5, 2023.
This article will explain how Tallahassee politicians and Governor Ron DeSantis have caused a “tsunami” of civil litigation lawsuits to be filed throughout the State, and how the Civil Justice System has to absorb this drastic increase in cases. The wave of litigation started with a pro-insurance bill drafted by the insurance lobby and pushed by Tallahassee politicians, known as “House Bill 837,” “HB 837,” or “Tort Reform.”
Plainly, it is a way of limiting Floridians access to the courts for personal injury cases. Torts are civil wrongs that cause injury to a person. Car and trucking crashes, medical malpractice incidents, slip and fall occurrences, defectively designed and manufactured products, and nursing home abuse are just a few examples.
In theory, by limiting people’s ability to bring negligence cases, there will be less of them in the civil justice system. As a result, people’s insurance premiums will come down. In practicality, you prevent people who have been injured due to someone’s carelessness, greed or negligence from being able to seek legal redress for their injuries through the civil justice system. Constitutionally, this seems totally out of line with many of the rights we hold so dear. The main one is a Floridian’s access to the courts and the strongest pillar of our democracy – the jury trial! Without these two mainstays in our governmental system of checks and balances, justice becomes the exception and not the rule!
On March 7, the very first day of the Legislative Session in 2023, HB 837 was already fully drafted and read in committee. It was
hurriedly pushed through committee, then passed by the House on March 17, with 80 votes in favor and 31 against. Next, the Senate adopted the House version of the Bill, and rushed it through committee and reading, with very few amendments or changes. On March 23, it was passed by the Senate with 23 votes in favor and 15 against. The next day, Governor DeSantis signed the bill into law, which went into effect on March 25.
So what specifically caused the great wave of litigation? First, the new law changed the statute of limitations from four (4) years to two (2) years – cutting the time for Floridians to seek help in half. Second, the new law changed how a jury apportions liability between parties at trial from a pure comparative negligence standard to a modified version, that can result in a defense verdict even if a Defendant is found by a jury to be legally at-fault or liable.
Third, the new law changed the manner in which a Plaintiff can calculate their past medical bills and future medical needs. This makes it more difficult to extrapolate the cost of future care over time, especially in the current environment of high inflation. Fourth, the new law creates legal shields for insurance companies who fail to put the needs of their premium-paying policyholders over the insurance company’s own bottom line.
As this bill was fast tracked through the House and Senate, and nearly all proposed amendments failed, it became evident to Florida personal injury practitioners that this bill was going to pass and be signed into law in a hurry. Once signed into law, the legal landscape of a tort case in Florida would literally change overnight.
In order to protect the rights of injured Floridians, personal injury lawyers pushed many cases into litigation, in a beat-the-clock
type scenario, before the Governor signed the bill into law changing the personal injury landscape overnight.
The Governor could have vetoed the bill or refused to sign it until an amendment was passed that alleviated the influx of new cases into the civil justice system. The senate could have proposed an amendment to do the same. Or, the changes in the new law could have been rolled out over the next few years to prevent a huge influx of cases.
Also, the House and Senate could have gathered data to gain a better understanding of how, when and by how much this legislation would lower insurance rates in Florida, before rushing it through and passing it blindly. Or, there could have been a timeline built into the legislation for Florida insurers to provide legislators with data on rates, claims, cases and settlements, before enacting each change in phases to make sure that rates were decreasing.
Additionally, there could have been an automatic required rate cut over the next 3-4 years. This would have ensured that, with the changes in the substantive law on torts, premiums were actually moving downward as the bill was slowly implemented. Or, the Governor could have
issued an executive order capping insurance rates in Florida for the next year as the new bill is rolled out. Unfortunately, none of these remedies were implemented by our State legislators.
What that means for the young lawyer practicing in personal injury is that the next 10-24 months are going to be very stressful, difficult and challenging. Try to roll with it as best you can.
Court calendars will be a nightmare, which means longer docket soundings, case management conferences and trial calls. Judges won’t have availability for hearings on important motions, making it near impossible to comply with the form Case Management Plans that are required in every case. Discovery is going to take twice as long because depositions, mediations and non-binding arbitrations will be impossible to book due to court reporter, mediator and arbitrator availability. Expert discovery will take twice as long and trial dockets are going to double in size, which means every single time you are up for trial (and need to be trial-ready) the chances of you actually going will be slim to none.
The Tallahassee Tsunami is coming, and it is going to be wild. Get your surfboard, re-apply sunscreen and get ready for what could be the ride of our careers!
1. Be ready for anything and everything so that you can pivot quickly, if needed.
2. Remember that opposing counsel is also going to be feeling the heat, so always try to remain cordial and professional with them.
3. Try to settle cases where liability is not in dispute early, so you can focus on your cases where liability is not known or is challenging.
4. Stay organized and focused with a good spreadsheet and very detailed daily Outlook calendar.
“
WITHOUT THESE TWO MAINSTAYS IN OUR GOVERNMENTAL SYSTEM OF CHECKS AND BALANCES, JUSTICE BECOMES THE EXCEPTION AND NOT THE RULE!
CASEY GARTLAND
Here are four pieces of advice to the young lawyers practicing personal injury in Southwest Florida during the Tallahassee Tsunami.
The LCBA recently hosted its annual Bench Bar-B-Q & Shrimp Boil on March 25 at Alliance for the Arts. Attendees turned up for the lively spring event, which included a bounce house, sweet treats, face painting, dunk tank, toe-tapping tunes and even some interactive STEM activities. Many thanks to the Hon. Robert Branning and Jerry VonGruben for preparing a delicious feast of seafood and barbecue for all to enjoy!
1. Lee County Lee County Sheriff’s Office Staff
2. John Webb and Spencer Cordell
3. Southern SnoBalls and Jennifer Blurton
4. John Webb
5. John Woodward and Lee Golden
6. Lauren Baugh, Eden Maguda and Hon. Kathy Smith
7. Miguel Bey and Sophie Olivo
8. Nanci DuBois, Andrew Banyai, John Webb and Lauren Baugh
9. Paul Thomas and Agnieska Osiwicka
10. Brendan Shearman, Jerry Olivo, Hon. Devin George, Spencer Cordell and Carlos Kelly
11. Shannon Puopolo, Ita Neymotin, Nanci DuBois
12. Hon. Nicholas Mizell and Brigette Willauer
13. The Olivo Family
14. Jerry Von Gruben, Hon. Robert Branning and Hon. Nicholas Thompson
If you know me personally, you know, I love wine – and red wine in particular. Well, I have found the place that will now be my go-to! Cooper’s Hawk Winery and Restaurant is brand new to Lee County, but has many locations throughout Florida and Illinois, which is where they were founded.
I was given the opportunity to attend their soft opening and I was absolutely beyond impressed. This place is a foodie’s dream restaurant! You walk in and are greeted by smiling faces, eager to welcome you. It is not too often the case, particularly in Florida, as each establishment seems to be too busy for those little details - but not Cooper’s Hawk! They train their staff to make you feel as welcomed as they can, and they have this down to a science!
As you walk in, the décor is simple and elegant. Wine is EVERYWHERE! It is like walking into wine heaven, elegant without the intimidation.
Cooper’s Hawk has many unique features, but one that is quite unusual to our area is the Napa-style tasting room. Anyone who wishes to participate in the tasting can do so! I plan to go back and do this very soon.
We were greeted and taken swiftly to our very comfy seats. As I went to go sit down, who did I spot but two of my favorite people: Cynthia Duff and Dan Detrick of CopyLady, Inc. They are not only our LCBA copier provider and servicer, but also one of our Platinum annual sponsors! We exchanged hugs and a few words, and then they get back to their dishes (which looked fabulous!).
When I got back to my table, I was greeted with the very friendly face of our server, Brenda. She was truly phenomenal and extremely attentive.
Now, because they are a winery, I expected them to have wine… But I did not expect over 50 types of wine! That is exactly what I saw on their glorious
wine menu, which is coded with numbers that correlate with the food menu. They have taken the guessing out of it for you, and offer suggestions that their expert sommelier has chosen. My glass was never empty.
Now, it should be noted that their expert sommelier, Emily Wines (yes, that is really her last name!) is a certified Master Sommelier. In December 2020, she received the title of Board Chair for the Court of Master Sommeliers. Wines has created her own line of wines for Coopers Hawk, based on the motto “Empowered and Strong Women,” an inspiration of hers.
I had the pleasure of tasting one of her wines, the Camille, which is a Shiraz. I am not generally a fan of the Shiraz variety of wine, but this was beyond flavorful! The bottle art was beautiful, which is what draws me in most often, plus the flavor was super light and airy. I was thankful for that as I ate, because I needed something light to accompany my meals (yes, plural!).
On this particular night, I arrived hungry because I knew I was in for a treat so I wanted to be prepared. Our server offered her opinions on the appetizers, and then our friends Teri Hansen and Melissa Mitchell with Priority Marketing came over and also offered their opinion. Everyone agreed the Brussels sprout appetizer was the GOAT of appetizers.
Now, I do not ordinarily order these when I go out. I mean, it’s a Brussels sprout. But these little green balls of yumminess are not your average sprout! These were adorned with two sauces, a sweet Thai chili sauce and a sesame-sriracha aioli, with cashews and mint. Now that is a lot of flavor, and initially, I was not sure those flavor profiles would work. But with the first bite I was shook. The sprouts are crisp, the sauces and cashews are such amazing additions to the flavors, and the green sauce on this
dish is truly otherworldly. As someone who was not thrilled with this recommendation when it was given, my mind was blown when it arrived and I tasted it. Do yourself a favor and get them. Trust me, they will blow your mind, too!
Now I could lie and say that we only got a veggie as an appetizer, but I cannot lie. We did indeed get two, yep, two more appetizers.
The first appetizer caught my eye immediately: the Asian ahi tuna sashimi. Now, I love sushi and was curious how a winery would do sushi? The answer is that they do it very well! This tuna was fresher than many other sushi spots in town, topped with avocado, radish and a light sauce of wasabi cream and sriracha. But the main character in this play was the sauce on the side, a ponzu-ginger vinaigrette. It was by far the best accompaniment to any sushi dish I have ever had. It is light in texture, but bold in flavor, and truly a delight.
For the last appetizer, we chose a classic option just to round the experience out and opted for the house-made meatballs. These are served in a bowl of amazingly simple and elegant tomato sauce with one of my new obsessions, burrata, along with polenta crostini. It was amazing!
Next, we checked out the entrée selections, which had something for everyone! Each dish sounded amazing and it was indeed hard to choose. But, if you have read these before then you know I love a good steak. I can get a steak virtually anywhere and wanted to stay in line with the fun foods I had already tried, so I went for the trio of medallions. These are three filet medallions, topped with three varieties of crusts: a blue cheese crust, a horseradish crust and a parmesan crust. The sides that accompanied this dish were asparagus and Mary’s potatoes.
The filet medallions were perfectly medium rare and as I cut into the first one, it was truly like slicing into butter. The tender texture with the crunch of the parmesan crust warranted a chef’s kiss. The dish used such simple ingredients, but the flavor profile was truly a journey. The blue cheese and horseradish medallions were just as phenomenal, but my favorite was indeed the parmesan.
And, what is a meat dish without potatoes? I dug into the Mary’s potatoes and quickly felt super comforted. Cooper’s Hawk uses a combination of Yukon gold and red whipped potatoes for this dish and it is super creamy. The asparagus, of course, was perfectly al dente!
For the sake of this article, we also opted for two additional entrees: the red-wine braised short ribs and the gnocchi carbanara. We were very excited when the dishes arrived. They are all presented so simplistically, but the flavors are far from simple!
The red wine braised short ribs, served on top of Mary’s potatoes and oven roasted vegetables, featured a grainy Dijon mustard butter. This came out looking so comforting and delicious. At first bite, it was as tender as could be and full of such complex flavors. The potatoes and veggies paired very well with the short ribs, and the Dijon butter took things up another notch. Each bite had such depth.
Next, I turned to the gnocchi carbonara. This dish is very unique, because unlike typical gnocchi, these are made with ricotta cheese! These little bundles of pasta were accompanied by a delectable selection of pancetta, chicken sage, peas and a pool of parmesan garlic cream sauce. This dish was truly one of a kind and one of the best dishes I have ever had – perfectly cooked, flavored and seasoned. Even the peas
were perfectly cooked. Each bite was truly a pleasure. I would recommend this as a 10/10, along with anything else on the menu!
It was tough to make room for the next course, dessert, but you know I had to try all the things! Steve opted for the salted caramel crème brûlée. But for me, the chocolate cake spoke to me from the menu. Called the Cooper’s Hawk Chocolate Cake, I assumed it would be a simple chocolate cake. Nope!
This cake is made onsite with premium Valrhona chocolate and hazelnut ganache, topped with freshly made whipped cream and vanilla ice cream. I did allow Steve to have one bite, but that was it. This cake was all the things one wants in a cake! It was bouncy, with layers of the most yummy decadent chocolate and hazelnut filing. Absolute perfection! Our server Brenda also recommended the S’mores Budino dessert, even though she does not like graham crackers! The dessert was presented in a glass, which is perfect for holding so no one else can steal any! It is layered and presented like a pretty piece of art with caramel custard, Valrhona chocolate mousse with brown-butter toasted graham crackers. It’s also topped with freshly toasted marshmallow crème.
This is literally on a whole other level of desserts. It’s one of the best desserts I have ever had in my life of nearly 40 years as a self-described foodie. Every layer pairs absolutely perfectly with the others, plus the dessert paired wonderfully with my wine!
I would 10/10 recommend this new hot spot in Fort Myers. The venue, food, service and wine shop at Cooper’s Hawk Winery and Restaurant are all worth seeing. I have another reservation set to bring both my mother and Steve’s mother, so they can also enjoy such a tantalizing experience!
May 22 2 JetB2ue
Grab your sneakers and mark your calendar for the 2023 Walk Like MADD & MADD Dash Southwest Florida 5K, which will be held on Saturday, May 13 at JetBlue Park.
To generate excitement for this upcoming event, signature sponsor Goldstein, Buckley, Cechman, Rice & Purtz recently hosted a kickoff reception on March 1 at the Collaboratory in Fort Myers.
The Mothers Against Drunk Driving (MADD) Southwest Florida and 2023 Walk Like MADD & MADD Dash Southwest Florida 5K reception was emceed by Lisa Greenberg, an anchor at FOX4. Trish Routte, SWFL Crime Stoppers Program Coordinator, was the event chairperson. Linda Beni, who lost her 16-year-old daughter Brittany in 2016 to a drunk driver, spoke and was recognized with a MADD Florida Lifetime Achievement Award for her participation and support. She has raised more than $16,000 for the walk to date.
The kickoff reception, sponsored by LaCroix and The Standard Restaurant, included LaCroix mocktails and light bites from Chicken Salad Chick.
TITLE SPONSOR
All the money raised stays in Southwest Florida to support victim services, preventive programming and victim support. For information and to register, please visit walklikemadd.org/swfl.
PRESENTING SPONSOR
Suncoast Credit Union
ROAD GUARDIAN SPONSOR
Lee County Sheriff’s Office
SPOTLIGHT SPONSOR
LaCroix
MADD MILESTONE
Cloud9 Float Spa & Wellness Center and AAA
FRIENDS OF MADD
Florida Highway Patrol, The Standard Restaurant, Lehigh Acres Fire-Rescue
MEDIA SPONSORS
FOX4 and 105.5 The Beat and Target
IN-KIND SPONSORS
Chicken Salad Chick and Dunkin
1. Esther Maldonad, Lieutenant Greg Bueno, Trish Routte
2. Ashley Schongar, Debra Capps
3. Christopher Smith, Morgan Bowden, Kevin Anderson
4. Trish Routte, Patricia Sala
5. Brian Perez, Jessica Perez, Sophia Spero, Myranda Cummings, Jennifer Walsh, Lauren Harkins
6. David Arndt, Linda Beni, Lisa Greenburg
7. Nicole Stevanovic, Becky Gould
June 12 – June 16 & July 10 – 14
Learn all about the solar system and what makes it special!
Students in grades 1-2 will explore the power of the sun, as well as the stars that make up amazing constellations. Meanwhile, grades 3-5 will enjoy special shows at our Science on a Sphere and hands-on activities, becoming NASA engineers to design rockets, landers and more. Grades 6-8 will launch all kinds of rockets, create a scale model of the solar system, and program your own rover.
June 19 – June 23 & July 17 – 21
Do you love caring for critters?
Grades 1-2 will make friends with some of IMAG’s Animal Ambassadors during Meet the Keeper and interactive feeding sessions! Students in grades 3-5 will learn how to care for bearded dragons, ball pythons and more by preparing food and getting up close and personal. Grades 6-8 will help IMAG’s Animal Care and Aquatics Care Team care for Animal Ambassadors while learning how to water test, prep food and feed.
Would you like to engage your child’s intellectual curiosity and imagination this summer?
The IMAG History & Science Center is a familyfriendly destination offering fun and educational interactive exhibits, aquariums, history displays, and a 3D theater. Its mission is to engage with guests in the exploration of science, technology, engineering and math (STEM).
This is achieved through hands-on experiences and educational programs that further the understanding of the natural and human-made world, and foster an appreciation for Southwest Florida’s unique environment, natural waterways and rich history.
The IMAG History & Science Center is now accepting registration for its upcoming STEAM Camps, which will be held from June 12 to August 9, 2023. Students in first through eighth grades
will have a blast while inventing, experimenting, exploring and investigating during these all-new immersive one-week camps. Camp IMAG is available to students at the IMAG in Fort Myers and STEMLab in Estero at Miromar Outlets.
There are four themed summer camps planned for 2023, with the goal of sparking campers’ imaginations as scientists, designers, engineers and artists. Campers will also explore the museum, experience live animal encounters, participate in IMAG’s all-new Science Shows, get up close with sea life in the Touch Tank, and meet dinosaurs and titans of the ice age in IMAG’s 3D Theater!
For camp reservations, visit theIMAG.org/camp-imag or call 239.243.0043. The IMAG History & Science Center is located at 2000 Cranford Ave. in Fort Myers.
June 26 – June 30 & July 24 – 28
Engineer your way to the top!
Students in grades 1-2 will enjoy fun, silly and wacky STEAM-based challenges that include building a car that will roll the fastest and designing a boat that can hold the most weight. Meanwhile, grades 3-5 will attempt to build a boat, a plane and a zipline to see which will go farthest, hold the most weight, and more. Grades 6-8 will code, problem-solve, build and compete to create a winning pom-pom catapult, as well as design a Mentos Launcher to see how high a soda eruption will go!
July 3 – 7
(No camp held on July 4) & July 31 – Aug. 4
Spend the week playing with, programming, and building robots! Grades 1-2 will program a Lego Mindstorm Rover to complete a task, maneuver a mini-Sphero around obstacles and complete a coding challenge. Students in grades 3-5 will play with tiny robots, race them and more, plus build your own nano robot to take home. Grades 6-8 will program mini-Spheros and Lego Mindstorms to make them complete challenges, design a problem-solving robot and bring your creation to life!
Our Mother’s Home of Southwest Florida provides a safe and nurturing environment for young moms, ages 11-21, who live in foster care with their babies. Its mission is to empower young mothers in the foster care and human trafficking systems to break the generational cycle for themselves and their children.
Prior to the launch of this 501(c)3 organization in 2000, teenage mothers in foster care were often separated from their child at birth. This unique residential approach is the only one of its kind in Southwest Florida to provide services that break the cycle – one teen at a time.
Our Mother’s Home promotes independence and integration into society for young mothers through the delivery of life skills training and
activities such as cooking, personal care, housekeeping, financial literacy and grocery shopping. Adolescent mothers continue their high school education and receive the tutoring classes they need. Each young mother and her child also receive proper medical care including pre/post-natal care, well-child visits, vision, dental, physical and mental care.
As a 501(c)3 organization, Our Mother’s Home relies on dedicated volunteers and financial support from generous donors to provide commodities and services. Its success rate has generated great interest among those interested in decreasing the rate of children in foster care.
Learn more at ourmothershome.org.
It’s not how much we give, it’s how much we put into giving.
INGOLDKIND
Any firm with two or more attorneys and 100% membership in LCBA qualifies. If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.
Absolute Law, P.A.
All Injuries Law
Aloia, Roland, Lubell & Morgan, PLLC.
Arend & Sisk, P.A.
Associates & Bruce L. Scheiner, P.A.
Banker, Lopez & Gassler
Boy Agnew Potanovic Miller, PLLC.
Boyle & Leonard & Anderson, P.A.
Burandt, Adamski, Feichthaler & Sanchez, PLLC.
Calvo & Calvo, Attorneys at Law
Cole Scott & Kissane, P.A. – Fort Myers
Dal Lago Law
Freidin & Inglis, P.A.
Garvin Law Firm
Goldberg, Noone, Abraham
Goldstein, Buckley, Cechman, Rice & Purtz, P.A.
GrayRobinson, P.A.
Green, Schoenfeld & Kyle, LLP
Hahn, Loeser & Parks, LLP
John Webb Legal Group, P.L.
Kagan Law Firm
Knott Ebelini Hart
Law Offices of Dennis L. Webb, P.A.
Law Offices of Michael M. Raheb, Criminal Lawyer
Law Offices of Scott T. Moorey
Lee County Legal Aid Society, Inc.
Men’s Rights Law Firm
Osterhout & McKinney, P.A.
Patrone, Kemp & Bentley, P.A.
Pavese Law Firm
Roetzel & Andress, L.P.A.
Rubinstein & Holz
Scarmozzino / King Trial Lawyers
Sheldon E. Finman, P.A.
Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.
Spivey Law Firm, Personal Injury Attorneys, P.A.
Strayhorn, Persons-Mulicka & Fisher, P.L.
Wilbur Smith, LLC
Yeslow, Koeppel & Anderson
ZinnLaw, PLLC.
I grew up in Fort Myers and always liked it here. Despite the yearly snowbird traffic and occasional hurricanes, I was ready to move back after college to be closer to family and my community.
I am a die-hard FSU football fan. Almost a prerequisite in the Shearman household, I attended FSU for undergrad and law school, and fell in love with the atmosphere.
The most adventurous thing I’ve ever eaten? During vacation in Mexico, my tour guide stopped at a termite mound, let a few crawl on his hand and then ate them. We tried them, too – they tasted minty. 2/5 stars, would not recommend.
I like playing golf because even a bad day on the course beats a good day in the office. Golf is challenging (see my 20+ handicap), but rewarding to see practice pay off and a fun way to spend time with friends and family.
My advice to students? There is always more that can be done when it comes to studying. It is important to be content with a good day’s effort and then take some time to focus on other aspects of life.
Florida Bar members have been reaching out with offers of office space and legal support services for attorneys and law firms impacted by Hurricane Ian. The Florida Bar has created a Hurricane Ian classified ad section within its News listing. If you would like to assist attorneys impacted by Hurricane Ian, email the offered resources and contact information to mkillian@floridabar.org.
Douglas Szabo, managing stockholder of Henderson, Franklin, Starnes & Holt, P.A., and Gail Lamarche, the firm’s director of marketing and business development, were featured in a recent episode of The CMO Series podcast. Szabo and Lamarche shared valuable lessons and advice about planning crisis communications to be better prepared for future events.
You may experience a slight delay in the processing of Circuit Civil cases. On Friday, March 17, the Florida House passed HB 837, a bill referenced as “tort reform.” By Monday afternoon, the Lee Clerk’s office had received over 800 new case filings. Kevin Karnes and his team of clerks are committed to processing these cases as quickly as possible and appreciate your patience.
In April, the Florida Board of Bar Examiners released the February general bar examination results. It showed that FIU Law earned the highest passage rate of all law schools in the state, with more than 72 percent of its 18 first-time test takers succeeding. The Florida Supreme Court approved the release of the results. Close to 680 first-time applicants took the full bar examination. Of those test takers, fewer than 375 first-time full-bar exam applicants passed the test.
Aerospace engineer and litigation attorney Michael Corso shared his expertise with students and industry leaders during a recent visit to the School of Aeronautics and Astronautics at Purdue University in West Lafayette, IN. Corso provided insights into graduate education, law school, and the importance of engineers having contact with lawyers in their careers.
Florida Commissioner of Agriculture Wilton Simpson appointed Kate English to the Florida Commission on the Status of Women. The Pavese Law partner was sworn in on March 22 in Tallahassee to serve a four-year term. Katherine R. English joined Pavese Law in 1994 and became a partner in 2000. Her practice concentrates on agricultural, environmental and land use law.
Lusk, Drasites & Tolisano, P.A. is celebrating 40 years of serving Southwest Florida residents and businesses for all their legal needs. In honor of this milestone year, the firm recently hosted a free open house and networking event with hors d'oeuvres and beverages on Wednesday, April 12 from 5-7 p.m. at their office located at 202 Del Prado Boulevard South, Cape Coral, Florida 33990. The event was co-hosted by the Cape Coral Chamber of Commerce.
Shannon Puopolo, a stockholder in Henderson Franklin’s business litigation department, has been sworn in as the Secretary of the Southwest Florida Bankruptcy Professionals Association (SWFLBPA). As Secretary of the SWFLBPA, Puopolo will oversee the organization’s records and work closely with the board of directors to promote the association’s mission and goals.
If you have legal news to share, we want to hear from you! Please send press releases to RGEditor@ PriorityMarketing.com.
The Office of Criminal Conflict and Civil Regional Counsel, Region 2, is pleased to announce that Regional Counsel Ita M. Neymotin has been admitted as an attorney to the Bar of the United States Court of Appeals for the Armed Forces (USCAAF) in Washington D.C. Admission is reserved for attorneys who meet extraordinary professional standards. The appointment allows her to represent members of the Armed Forces on active duty, as well as others subject to the Uniform Code of Military Justice, over a broad range of legal issues, including constitutional law, criminal law, evidence, criminal procedure, ethics, administrative law and national security law.
Brand-New 2023 LCBA Sponsor!
In 2020, Cogent Bank opened the Fort Myers Banking Center near Sun Harvest Citrus Center and Gulf Coast Hospital. Our dedicated team serves clients by providing personal and commercial banking accounts, loans and a variety of personalized financial services.
At Cogent Bank, we believe banking is personal and requires high-touch, innovative services. Our associates always go the extra mile for our client relationships and make sure we act in your best interest. When you visit, you can expect to feel welcomed because in our office, you are not just a number.
Most importantly, Cogent Bank in Fort Myers is committed to the Southwest Florida community we serve. This year marks our first as an annual sponsor for Lee County Bar Association in 2023! Our team is also involved with small, local nonprofit organizations and business associations such as LBIA and COMA.
At Cogent Bank, our professionals specialize across a variety of industries.
• Attorneys & Law Firms
• Title Companies
• Association Banking
• Cannabis Banking
• Government Banking
• Healthcare Banking
• Nonprofit Banking
Like Thomas Edison, we believe there is always “a better way.” To us, that means being attentive, invested and involved in the efforts of our community’s business leaders as we provide them with commercial lending services that empower them to reach their goals. We’re Standing Strong with Money to Lend. Experience the benefits of joining Edison National Bank/Bank of the Islands.
Edison National Bank/Bank of the Islands customers enjoy:
• free online and mobile banking
• no-fee access to their account funds at any Publix® Presto! ATM
• free bill pay services for personal account holders
• courier and cash management services for business clients
• streamlined processing for all loans including commercial and residential mortgage loans