


by John D. Mills






by John D. Mills
Review Date: Jan. 14, 2020
An estranged couple’s dispute over one member’s potentially valuable heirloom turns deadly in Mills’ (Pineland Gold, 2017, etc.) thriller.
In 1910, Jim McKenzie, needing funds for daughter Sarah’s tuberculosis treatment, steals a gold cross from a drunken Cuban captain. Unable to get back to his family in time to help his child, Jim buries the cross on Cayo Costa Island, specifying its location in a letter to his wife, Claire. More than a century later, Lynn Chapman owns that letter, which Jim’s ancestors have passed down. Evidently, a hurricane had covered the burial site for the cross, preventing Claire from retrieving it. That certainly didn’t stop Lynn’s soon-to-be ex-husband, Bobby, from looking. He now feels entitled to some of the cross’s estimated million-dollar value, as his search cost most of his inheritance money. When Bobby subsequently finds a way to clear the area where the cross is located, Lynn fears he’ll get his hands on the antique. So she seeks help from private investigator, former cop, and boat owner Doug Shearer. The two head to the island with hopes of reaching the cross first. Unluckily, Bobby is already there and, armed with a weaponized drone, isn’t willing to give up what he believes is rightfully his. Straightforward characters populate Mills’ tale, the latest in his Pine Island Sound Mystery series. Bobby, for example, is the unmitigated villain, his anger so sharp and frequent that he antagonizes his own divorce lawyer. But backstory for nearly every individual adds interest: Readers learn what Lynn originally saw in Bobby, while Bobby’s pitiful childhood may explain his unsavory present-day behavior. The narrative spotlights supporting characters as well, like Lynn’s genial attorney, Beth Mancini. Recurrent stories from Beth’s lawyer boyfriend, Frank Powers, about one of his cases, though curious (a judge is the defendant in a “sex trial”), generally come across as tangents. The book’s latter half, however, stays on track, as Bobby menaces Lynn and Doug, and Mills amply details their time on the breezy island. An often diverting story of memorable characters hunting treasure.
Drunk
Serious
Custody
Hurricane
Paralysis Cases
Apartment Shootings
Gun Violence Cases
Courtroom Trials
Workers Compensation
Wrongful Death Cases
Pedestrian Accidents
Bicycle Accidents
Dog Bite Cases
Slip & Fall Accidents
Negligent Security Cases Settlements
I mean, of the Lee County Bar Association… We did it!
We officially made it to the end of another year full of twists, turns and just the right amount of caffeine to keep us all going! Although Helene and Milton may have dampened our shoreline here in Southwest Florida, they didn’t dampen our spirit for fun and fellowship.
As we wrap up this year, I first want to say thank you to our rockstar executive director, Lauren Baugh, and my fellow board members for the hard work, friendship and laughs that we’ve shared. Your dedication, creativity and ability to roll with the punches have made this year unforgettable.
On the productivity front, we nailed some serious goals. The most impactful accomplishment for the Lee County Bar Association in 2024 was the establishment of the Mental Health and Wellness Mission (MHWM) to address the stress and anxiety that plagues the legal profession. Generously funded by your contributions, MHWM offers all lawyers practicing in Lee County access to six completely free and confidential therapy sessions to help them navigate crisis situations in a healthy manner. Our hope is this intervention will save lives for some, while improving the quality of life for all who engage this service. Holly and Dawn, this wouldn’t have happened without your efforts, and I am so grateful to you!
We also reached a milestone of 700 members and recruited many new sponsors by offering a wide variety of fun and educational events, ensuring something for everyone. Many of our core LCBA activities have even got a new look!
Most notably, our Gala Under the Stars was a huge success. We celebrated the LCBA’s 75th year in style at an iconic venue in our legal community, the Veranda – also known as Courtroom V. It was a wonderful evening reminiscing with colleagues I hadn’t seen in years alongside some of our newly minted lawyers. The attendees spanned the generations, and I believe that is what makes the LCBA so special. Everyone is welcome!
So, here’s to us! To the lessons we’ve learned, the experiences we’ve shared and the accomplishments we didn’t think were possible. As the holidays approach, let’s take a breath, celebrate and get ready to do it all again. I wish you and your families health and happiness and look forward to seeing you at many LCBA events in 2025 because we are stronger together. Cheers!
Hon. Kathy Smith, LCBA President kathleens@pd20.org | 239.533.2911
Executive Director
Lauren Baugh
EXECUTIVE COUNCIL
President
Hon. Kathy Smith
Vice President
John Miller III, Esq.
YLD President
Joseph Coleman, Esq.
Erin Casey, Esq.
Jerry Olivo, Esq.
Megan Strayhorn, Esq.
Doug Szabo, Esq.
Bench-Bar Gala
Diana “Dawn” Maselli, Esq.
Health and Wellness
Hon. Kimberly Davis Bocelli
Ashley Kogan-Weed, Esq.
John Miller III, Esq.
History
Hon. Jenna Persons-Mulicka
E. Bruce Strayhorn, Esq.
Megan Strayhorn, Esq
Law-Related Education
T. Rankin Terry, Jr., JD, LLM
Law Week
Hon. John Carlin
Alternative Dispute Resolution
Anne Dalton, Esq.
Alexandra Kleinfeldt, Esq.
Criminal Law
Asma Anwar, Esq.
Agnieszka Osowicka, Esq.
Elder Law
Lisa Gelman, Esq.
Blake Hampton, Esq.
Family Law
Kayla Richmond, Esq.
Danielle Seitz, Esq.
General Civil and Business Litigation
Joel Hyatt, Esq.
Kara Jursinski Murphy, Esq.
Administrative Assistant Mairelis Tamayo
President Emeritus
Spencer Cordell, Esq.
Secretary
Dawn Maselli, Esq.
Treasurer
John Dommerich Jr., Esq.
JUDICIAL LIAISONS
Hon. Robert Branning
Hon. Devin George
LCBA Foundation Charity
Golf Tournament
Meredith Jones, Esq.
Vanessa Fernandez, Esq.
Mock Trial
Maria Alaimo, Esq.
Shaina Zuppke, Esq.
Paralegal
TBA
Pro Bono
Andrew Banyai, Esq.
Amanda Levy-Reis, Esq.
Mental Health Initiative Committee
Holly Cosby, Esq
Dawn Maselli, Esq.
Immigration Law
Nirupa Netram, Esq.
Intellectual Property Law
Mark Nieds, Esq.
Land Use and Governmental Law
Zachary Liebetreu, Esq.
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
Conor Foley, Esq.
Tort Litigation
Diana “Dawn” Maselli, Esq.
Discover the best selection of ultra-premium chocolate gifts at Norman Love Confections. The 2024 Holiday Collection – including our new Hannukah collection – is now available in stores and online. Remember to order one of our NEW Party Boxes for your office parties and holiday gatherings!
Ah, yes, cooler(ish) weather! Now we can plan out our traditions for the holiday season of December, which can serve as a break from the stress of our daily grind at work. For me, this is a month to reflect on what has happened in the past year, what I want to happen and what I want to do in the upcoming year.
2024 has been a whirlwind of a year for me, as my daughter became an official teenager – if you know, you know. I got engaged and bought a new house, only to move into a flood zone just days before a hurricane. Thankfully, I did not flood or have any damage, for which I am beyond grateful! All of that said, it was a great year.
The LCBA hosted some fun events and did some wonderful things! One item at the top of the list was the launch of our Mental Health and Wellness Mission (MHWM), which includes six free therapy hours, and our monthly Attorney-to-Attorney Support Group! Mental health is health, period, so opening up this opportunity to the lawyers in Lee County was not only groundbreaking for LCBA, but such a needed service! We care.
If you need more information, please reach out! Flyers with more information are located at the LCBA office in Downtown Fort Myers, on the LeeBar.org website, at events and in the News You Can Use weekly newsletters.
Now with all of that said, each year, there is a group of people who help me to make the LCBA what it is. That’s the LCBA Board, also known as the Executive Committee. I want to personally thank each person for making the bar year one to remember! Give them a round of applause, not only for the hours they put in, but the patience they show for my never-ending emails with ideas, questions, favors and the like.
I also have to give a special shoutout to the Honorable Kathy Smith, who has been such a light to our board this year. Her compassion has been truly amazing! She put this bar at the top of her never-shrinking list of important tasks, and that has been evidenced by our growth, events and offerings to you, the member.
Now, I must end this on a note of immense gratitude to our sponsors. Each one deserves hugs, handshakes and thanks! I am fortunate to have the opportunity to call these partners my friends.
Lauren Baugh,
Executive Director
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
Alan Zagier
Editors In Law
Hon. Kathleen Smith
Lauren Baugh
Creative/Art Director
Christi Finger
Graphic Designer
Lynsey Gill
Contributing Writers
Lauren Baugh
Jonathan Fitzmaurice
Conor Foley
Kevin Huguelet, Esq.
Henry Lee Paul, Esq.
Kimberly Swanson
Hon. Kathy 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 rgeditor@prioritymarketing.com. To advertise, contact Elise Rose at (239) 267-2638 or rgsales@prioritymarketing.com. For billing inquiries, call (239) 334-0047.
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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
As you plan ahead for the remainder of the year, here are special LCBA events to note for your calendar. All dates are subject to change, and any updates will be posted on LeeBar.org.
6
LCBA & YLD Holiday Party
Time: 5:30 to 8:30 p.m.
Location: The Edison Restaurant
Tickets: $25 LCBA Members, $35 Non-Members
See page 15 for more details!
12
LCBA RPPTL Holiday Celebration
Time: 5:30 p.m.
Location: Sanibel Captiva Trust Company
13525 Bell Tower Drive, Fort Myers, FL 33907
Sponsored by the Sanibel Captiva Trust Company
13
LCBA RPPTL Virtual Brown Bag
Time: Noon to 1 p.m.
Location: Microsoft Teams
Topic: Florida Uniform Fiduciary Income & Principal Act
Speakers: Jason Chiklakis, Vice President, Trust Officer & Ann Pankow, Senior Vice President, Trust Officer of the Sanibel Captiva Trust Company
16
LCBA Gen Civ & Biz Lit Virtual Lunch & Learn
Time: Noon to 1 p.m.
Location: Zoom
Topic: Best Practices for Non-Binding Arbitration
Speakers: C. Berk Edwards, Esq.; Steve Blount Esq.; George Knott, Esq. and Simon Harrison, Esq.
19 LCBA ADR Virtual Lunch & Learn
Time: Noon to 1 p.m.
Location: Zoom
Topic: Mediating Commercial Business Disputes Speaker: Joey Coleman, Esq.
24-26
LCBA and courts closed
Last year, we conducted a survey to learn what members value most about Res Gestae and areas for improvement. Thank you to everyone who shared their insights! Your feedback has inspired us to evolve Res Gestae into a bimonthly publication. This change not only enhances efficiency and cost-savings, but also allows our Editorial Team to deliver even more engaging content.
In upcoming issues, look forward to a larger format filled with local legal news, LCBA updates, member profiles, event photos, and popular features like In the News, nonprofit highlights, and Practice Section articles.
We welcome suggestions for future topics, trends, or local partnerships. Please reach out at rgeditor@prioritymarketing.com with any ideas. As always, you can read the latest issue and past editions online at the LCBA website.
The Florida Supreme Court in SC24-032 has rejected The Florida Bar’s petition to remove all reference to “a lawyer’s duty to act zealously, as a zealous advocate, or with zeal on the client’s behalf” from The Rules Regulating The Florida Bar. The Preamble to the Rules of Professional Conduct will continue to provide that, “As an advocate, a lawyer zealously asserts the client’s position…” The comment to Rule 4-1.3 (Diligence) will continue to state, “A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf.”
The proposal was advocated by the Professionalism and Ethics Committee of the Real Property Probate and Trust Law Section of The Florida Bar (RPPTL). A 27-page whitepaper prepared by the committee was included in Appendix D to the petition filed by The Florida Bar. The White Paper provided a thorough examination of the history of the words zeal, zealous and zealously, which it referenced as the “Z-terms,” as they have been used to “describe the way a lawyer advocates and pursues justice for clients.” There were no other comments filed regarding the petition.
The committee asserted that the Z-terms have had a positive connotation dating as far back as the 14th century. However, the committee maintained that “…with regard to the legal profession, Z-terms are regularly associated with unethical and unprofessional behavior. The Z-terms are now often viewed as an uncompromisingly extremist attribute.” In further support of the petition, the committee noted that 11 states do not include Z-terms, many of which have documented the reason for exclusion.
The committee contemplated recommending that the Preamble should also be amended to state that a lawyer should be “kind and just.” In support, the committee quoted Roman Emperor Marcus Aurelius, who asserted that “Man is born for deeds of kindness.” The filing of the petition may represent the highwater mark for those seeking to reform our bar into a more collegial profession.
In rejecting the petition, the Court dismissed the argument that the meaning of the Z-terms has changed. The Court stated that “…the public meaning of the terms has changed little since we first adopted the Preamble and Rule 4-1.3, and we have made it abundantly clear that zealous advocacy on behalf of a client is not an excuse for any type of misconduct under the rules. The Court further quoted from previous case law that “the requirement of providing zealous representation is not a sword to wield as an excuse to otherwise engage in misconduct” and that “effective and zealous representation does not require antagonistic behavior.”
The rejection of the petition by the Court should not be viewed as a license for members to act with unbridled zeal in the representation of a client. The Court and The Florida Bar have made it abundantly clear that unprofessional conduct will not be tolerated. Whether the Z-terms are included or not included in The Rules Regulating The Florida Bar is a distinction without a difference in relation to the imposition of discipline for unprofessional conduct.
all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
Conor is a partner at GunterFirm, a boutique firm practicing labor and employment law. Conor and his partner Jason Gunter founded the LCBA Solo and Small Firm Practice Section in 2015 to focus on entrepreneurship, marketing and technology. Its mission is to provide information, education and collaboration that will help solo and small firm practice attorneys become successful. After some time away, Conor is bringing the practice section back and is excited for upcoming events and opportunities.
Since its inception in 2015, this Practice Section has created a unique community for solo and small firm lawyers from various practice areas. Our mission has always been to foster networking, share insights on marketing, technology and entrepreneurship, and provide valuable CLE opportunities. Over the years, we achieved remarkable success, including hosting the highly acclaimed Tech Conference that featured outstanding speakers and numerous CLE credits.
However, I must acknowledge that it has been some time since our last meeting. It is time to build the Practice Section back up and bring our members back together. As the original co-founder of the Lee County Bar Association’s Solo and Small Firm Practice Section, I have some exciting news to share about the future.
The need for a supportive and collaborative community for solo and small firm practitioners remains as strong as ever. It is with this in mind that I am thrilled to announce a meeting scheduled for Friday, January 24, 2025, using Zoom. This meeting will serve as a platform to reconnect, share experiences and discuss the future direction of our section.
One of the key topics we plan to explore in our upcoming meetings is the latest trends in legal technology. The legal industry is undergoing a significant transformation, driven by advancements in tech that are reshaping how we practice law.
Here are a few trends we will delve into.
Artificial Intelligence (AI) and Automation: AI is revolutionizing legal research and writing, contract review and case management. Tools powered by AI can analyze vast amounts of data quickly and accurately, allowing lawyers to focus on more strategic tasks. Even solo and small firms have these resources available and need to know how to utilize them to keep up. And, The Florida Bar also has a lot to say on the subject with which we need to keep up.
There are multiple companies now that specialize in sourcing qualified legal assistants and paralegals overseas who can handle tasks such as scheduling, document drafting and client communication.
Thank you for your understanding and continued support! An email blast with further details on the January meeting will follow shortly. In the meantime, I encourage you to mark your calendars and reach out if you have any questions or suggestions. I look forward to seeing you all on January 24 – and to the exciting possibilities that lie ahead for the Solo and Small Firm Practice Section.
For those of you who do not know, some of LCBA’s sponsors are legacies and have been sponsoring our local bar association for 10 or more years! There are also several businesses who have been supporting the LCBA for more than five years – and we’re so grateful.
Please join us in thanking our legacy sponsors for their dedication to the legal profession in our community. We cannot wait to add you and your firm to this list of legacies!
ANGELIQUE JACKSON, ESQ. Jackson Lewis, P.C.
LINSEY AGRAMONTE, ESQ.
State Attorney’s Office
COURTNEY CASTRO, ESQ. Sheppard Law Firm
DOMINIC LAVOIE, ESQ.
State Attorney’s Office
THOMAS RAY, ESQ.
FineMark National Bank & Trust
Supernova Stars:
CopyLady and U.S. Legal Support
Northstar Noise Associates & Bruce L. Scheiner
Constellation
Edison National Bank
Big Dipper Goldstein, Buckley, Cechman, Rice & Purtz
Sparkly Stellar
Blue Diamond Jewelers
Celestial Norman Love Confections
Platinum Intake Kings
Gold Pavese Law Firm
Bronze Schmucker and Lavy Legal
Spivey Law Firm
THANK YOU, SPONSORS!
You light up our universe!
PHOTOS FROM THE LCBA BAR BENCH GALA SATURDAY, OCTOBER 26, 2024
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After seven years of serving on the Executive Board for the Lee County Bar Association (LCBA), it was finally my time to take the helm as president. For years, I resisted the desire to occupy the top spot. I was worried I would not have the time to devote to this very important position, because my day job as Public Defender for the 20th Circuit can be incredibly hectic. But finally, I decided that if the opportunity before me was important enough, I needed to make the time to serve, and I am thrilled I did!
To put my next comments in context, let’s not forget COVID-19, Hurricane Ian, Hurricane Helene, Hurricane Milton, an incredibly unpredictable workforce and a challenging economy. The
our weakest link. I firmly believe that despite our rapid growth, we remain strong because we are fundamentally a close-knit legal community that cares about the health and welfare of our peers.
While caring is wonderful, we needed to offer more to support the mental health needs of our colleagues. We did just that with the creation of the Lee County Bar Association Mental Health and Wellness Mission (MHWM).
While the LCBA has had plenty of fun events for all of us to mix and mingle in 2024, getting this initiative up and running was, by far, the most significant contribution to the welfare of our legal community – and the one that I am most proud of – in my year as president.
very daunting, and it was evident that struggling. We desperately needed
At 75 years young, the Lee County Bar Association is strong. But to quote an old adage, strong as
And, as with most meaningful accomplishments, there was a dedicated group of people who donated their ideas and energy to make this mission a reality. Lauren Baugh, LCBA executive director, as well as Holly Cosby and Dawn Maselli, the co-chairs, were vital to our success. They devoted countless hours to making sure every detail was in place before we launched. But I’d also like to shout out Former Chief Judge McHugh for his leadership in this effort. In addition, I’d like to recognize P.J. Scheiner as our Mission’s Diamond Sponsor and also Shelly Finman, Monica Johnson, Dawn Maselli, Holly Cosby, Judge Josephine Gagliardi and Judge Devin George for helping to shape our program with their vision and for taking the time out of their busy schedules to complete the Lee Health Mental Health First Aid Program!
As we move into 2025, I am confident this worthwhile program will continue to flourish and I am certain the LCBA is poised to continue our tradition of excellence under the leadership of John Miller, III. And finally, thank you all for allowing me the honor of serving as your 2024 president.
Kudos & Accolades from LCBA Leadership!
Working with Kathy over the past several years has been a true pleasure. Her dedication to The Bar and her professionalism as a member of this board has made my time serving with her on the board a true pleasure. Kathy is always the utmost professional and she has done so much over the last few years to steer The Bar
in a direction that will ensure its continued success for years to come. I can only hope that my year next year is half as successful as Kathy's was this year.
–John Miller, Esq., 2025 LCBA President
Simply put, Kathy is the type of leader that all leaders should aspire to emulate. She is incredibly selfless and never asks someone to do something she isn’t willing to do (or has already done) herself. There has to be more than 24 hours in her days for her to accomplish as much as she does.
–Jerry Olivo, Esq., LCBA Board Member
Kathy, thank you for the tremendous job you’ve done this year as LCBA President. Your focus on attorney wellness will be a big part of your lasting legacy; if we aren’t well-taken care of, how can we take good care of our clients? On behalf of the LCBA Foundation, the interconnectedness you fostered between our organizations made the Foundation stronger, allowing us to best serve the community we live in, and truly make a difference on behalf of its lawyers.
–Ryan Downey, President – LCBA Foundation
Kathy has led us this year with compassion! Whether it be for the legal community, her board, our bar or me! It has been an honor to serve under her leadership. She has acted as a mentor for me, and many of us in the LCBA family. With her leadership expertise at her 9 to 5, she has carried that knowledge over to the LCBA and will leave it better than when she arrived. Thank you to Kathy from myself and our entire board for taking the reins and moving forward with the betterment of The Bar, as well as the release of our Mental Health and Wellness Mission, a much needed program for our legal community!
–Laugh Baugh, LCBA Executive Director
u The Honorable Joe Foster
1. I used to live with Jim Abbott, a left-handed MLB pitcher. Jim was born without a right hand. He quarterbacked his high school football team to a state championship, pitched the gold medal game for USA Olympics in 1988 in Seoul, Korea, and pitched a no-hitter for the Yankees in Yankee Stadium. He is also one of the nicest people I have ever known.
2. As much as I like living in Southwest Florida, I really love to travel. I enjoy meeting new people, experiencing different cultures and backgrounds, and seeing new places. As of now, I have visited 47 of the 50 states.
3. My wife and I are very big University of Michigan fans. We both grew up following Michigan sports, and we both went to school there. We really enjoyed last year’s Rose Bowl and the National Championship Game in person.
4. In 1992, I attended the Olympic Games in Barcelona, Spain. It was a wonderful experience meeting so many people from all around the world. The group I was with only had four tickets to the Opening Ceremonies, and I was the fifth person, so during the Opening Ceremonies, I did a Spanish beer test at a local establishment while watching the ceremonies on the television and seeing the cauldron lit by the flaming arrow out the window.
5. Over the past few years, I have been deliberately and intentionally adding more fun to my life. My advice is that life is short, and it is important to make and take time for yourself, your family and those you care about while you can. Our profession is challenging, stressful and always waiting for you to do more. Don't lose sight of your own well being and that of those you care about as you pursue your professional goals.
By Kevin Huguelet
It was a landmark year for the Young Lawyers Division (YLD) of the Lee County Bar Association (LCBA)! Under the tireless leadership of YLD President Joseph “Joey” Coleman, YLD embarked on ambitious redevelopment of its board and programming. With its largest board in recent (and possibly entire) history, YLD hosted a year packed with events for diverse interests. From happy hour at Soho to an AI CLE series at Henderson Franklin, 2024 was filled with YLD programming for all LCBA members.
Before diving in, some special thanks are due.
First, the YLD Board deserves accolades for its hard work bringing ideas to fruition. Joey recruited an all-star team to join him in 2024: Gabriel Arbois, Tyler Baillargeon, Kati Cook, Kevin Huguelet, Kurtis Johnson, Zachary Liebetreu, Zachary Lombardo, Rochelle Pitts,
Each was a
Second, current LCBA President Kathy Smith led by example. For those who know Kathy, it’s unsurprising this year was a smashing success for the LCBA. Specific to young lawyers, however, Kathy’s focus on attorney wellness was a needed emphasis. The stressors of practicing law are particularly troublesome for those at the beginning of their careers. So, Kathy offered welcome direction to YLD this year.
Third—and best for last—is LCBA Executive Director Lauren Baugh. Lauren provided untold support to YLD, needed to make 2024 effective. Voluntary bar associations cannot function without dedicated, selfless administration. Simply put, Lauren makes the LCBA go. Like every other part of the LCBA, YLD owes Lauren a special thanks.
Similar to those before him, Joey set out to grow YLD and offer strong programming for young lawyers. But his vision was distinctly forward looking—to create a self-sustaining board with a deep base of knowledge and skills for the future. Executing his plan, Joey handpicked a large board with different experiences from broad practice areas. The board leveraged distinct perspectives and collaborated with other groups to grow its presence in SWFL. By stacking the board and encouraging defined leadership roles, Joey created an engaged group positioned to hit the ground running in 2025.
So, what exactly did the board do? YLD organized its annual favorites—Burritos with the Bench, Junk Food with the Judges and the Holiday Party. Once again, these were great events with strong turnout.
Alongside these programs, YLD offered CLE opportunities like its AI series. To broaden its reach, YLD teamed up with the Southwest Florida Federal Court Bar Association (Fed Bar) to sponsor a CLE on the mechanics of removal to, and remand from, federal court. The collaboration with Fed Bar wasn’t all work though; they joined forces for a happy hour, too.
In the same vein of outreach, YLD also continued engaging the community through Law in the Mall and two community
volunteer projects. On top of all that, YLD communicated with members through a monthly Res Gestae article and by presenting at luncheons.
In short, 2024 was busy for YLD, but it was a tremendous success.
As YLD looks ahead, the future is bright for 2025 and beyond!
The board is busy planning programs to build on its predecessors’ achievements. Many events are at little to no cost for YLD and LCBA members. Thanks to Iman Zekri’s diligent efforts, YLD secured grant funding from The Florida Bar to support several programs.
For instance, YLD is cohosting the second annual Cross-Border Mini-Golf Showdown against the Collier County Bar Association Young Lawyers Section. The first showdown on November 16 resulted in a resounding LCBA victory! More seriously, it will host a Wills for Heroes seminar to offer pro bono estate planning services to local veterans. These are just two of the awesome programs planned for the upcoming year.
Whether you’re a young lawyer or a lawyer young at heart, join us at YLD events to make 2025 the best year yet!
“As we conclude our first 100 years, and begin the next 100, Henderson Franklin remains dedicated to providing legal services with the highest level of professionalism. For the past century, we have been committed to supporting and improving the community we serve. Looking ahead, we will continue to uphold these values, working to make a positive impact in Southwest Florida – just as we’ve done since 1924.” Edward P. Canterbury
By Kimberly D. Swanson and Jonathan R. Fitzmaurice
The Florida Supreme Court has made substantial revisions to Florida Rules of Civil Procedure 1.200, 1.201, 1.280, 1.440, 1.460, and 1.510. It also adopted a new Florida Rule of Civil Procedure 1.202.
The new and revised rules will take effect on January 1, 2025. They are designed to “promote the fair and timely resolution of civil cases,” as well as early judicial intervention to streamline the litigation process. There are just a few months left for civil practitioners and their staff to prepare for these significant changes.
In some respects, these changes will be advantageous to the parties because the rules provide for a more direct timeline to trial and encourage significant early disclosures. This will hopefully help the parties evaluate the strengths and weaknesses of their cases much sooner, eliminate unnecessary delay and assist with settlement.
Rule 1.200 has been completely rewritten to establish a more structured and proactive approach to case management. Although those practicing in the Twentieth Judicial Circuit will be familiar with many of these requirements, there are some new requirements to consider.
Case Track Assignment: Within 120 days of filing the lawsuit, the court must assign each civil case to one of three case management
tracks: streamlined, general or complex. The track assignment is based on the complexity and the amount of judicial attention required. The “streamlined” track is intended for cases with limited discovery needs, well-established legal issues and an anticipated trial length of no more than three days. The “general” track encompasses cases that do not meet the criteria for either streamlined or complex. Complex cases will continue to proceed under Rule 1.201.
Changes in Track Assignment: Any motion to change a track assignment must be filed promptly after the appearance of good cause.
Case Management Orders: For streamlined and general cases, judges must now also include, at a minimum, eight specified case management deadlines in their case management orders, including the deadlines for adding new parties, completing fact and expert discovery, resolving pretrial motions and completing alternative dispute resolution, among others.
Strict Enforcement of Deadlines: Case management orders must indicate that the established deadlines will be strictly enforced by the court.
Timing for Issuance: The court must issue a case management order no later than 120 days after the action commenced, or 30 days after the complaint is served upon the lastnamed defendant – whichever occurs first.
Extension of Case Management Deadlines: Parties can no longer simply agree to extend deadlines. Instead, case management deadlines can only be changed by court order, and the extended deadlines cannot alter later dates in the case management order. A motion to amend a case management order must provide (i) the basis of the need for the extension and when the basis became known, (ii) whether the motion is opposed, (iii) the specific date the movant is requesting the deadline be extended to, and (iv) the action and specific dates that will enable the movant to meet the extended deadline. If a trial is not reached during the scheduled trial period, the court must enter an order establishing a new trial as soon as it is reasonable to do so.
Inability to Meet Deadlines: Parties should promptly set a case management conference and alert the court if they are unable to meet case management deadlines for any reason. The notice of the case management conference must identify the issues to be addressed.
Rule 1.202 was added to encourage parties to resolve disputes without court intervention.
Duty to Confer: Prior to filing a non-dispositive motion, the movant is required to make a reasonable, good faith effort to confer with the opposing party to resolve the contested issues. This conferral requirement has been a longstanding practice in the Twentieth Judicial Circuit. Practitioners should review Administrative Order No. 2.20 and the Standards of Professional Courtesy and Conduct, which can be found at ca.cjis20.org/pdf/prostand.pdf.
Certificate of Conferral: The movant must then file a Certificate of Conferral with the motion certifying that they conferred with the opposing party, the means of the conferral and whether an agreement was reached. If the movant was unable to confer with opposing counsel, the motion must state all efforts taken to try and confer with them.
Applicability: The conferral requirement does not apply to the following motions: injunctive relief, judgment on the pleadings, summary judgment, to dismiss or permit maintenance of a class action, to dismiss for failure to state a claim and to involuntary dismiss an action.
The amendments to Rule 1.280 are some of the most significant out of all the amendments and should be reviewed carefully by all civil practitioners. The amendments are intended to align Florida’s discovery rules more closely with the Federal Rules of Civil Procedure. The amendments will require a plaintiff’s lawyers to have a full understanding of their claims and supporting evidence at the time the lawsuit
is filed. It will require defense lawyers to interview witnesses and locate relevant documents at the onset of the case.
Initial Discovery Disclosures: Rule 1.280(a) now requires the parties to provide initial discovery disclosures without waiting for a discovery request unless the case is exempt under Rule 1.280(a)(2) or the court orders otherwise. The initial disclosures must be made within 60 days after service of the complaint or joinder unless a different time is set by court order. Also, it must include information such as: (i) the names and contact information of individuals with discoverable information, along with the subject matters of that information; (ii) a description of documents and tangible things that may be used to support claims or defenses; (iii) a computation of damages; and (iv) any insurance agreements that may satisfy all or part of a judgment. A party will not be excused from making its initial disclosures because it failed to timely investigate its case or because the other party’s initial disclosures are incomplete or insufficient.
Proportionality: The scope of discovery in Rule 1.280 no longer focuses on whether the discovery requests are “relevant to the subject matter of the pending action” and “reasonably calculated to lead to the discovery of admissible evidence.” Instead, the main inquiry requires courts to consider whether discovery requests are “relevant to any party’s claim or defense” and “proportional to the needs of the case.” This new change requires courts to balance, among other factors, “the importance of the issues at stake in the action” with “whether the burden or expense of the proposed discovery outweighs its likely benefit.”
Duty to Supplement: Rule 1.280(g) now imposes a duty on parties to promptly supplement or correct their disclosures or discovery responses if they learn that information previously provided is materially incomplete or incorrect. The duty to supplement continues throughout the life of the case. Practitioners with pending civil cases at the start of the new year should evaluate their prior discovery responses (including interrogatory answers and document production) to determine if any prior responses should be supplemented.
Signature Requirement: Rule 1.280(k) now requires every disclosure and every discovery request, response, or objection to be signed by a party’s attorney of record. The attorney’s signature certifies that, to the best of the attorney’s knowledge, information and belief formed after a reasonable inquiry: (i) the disclosure is complete and correct as of the time it is made; and (ii) the discovery request, response, or objection is: consistent with the rules of civil procedure; warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; not interposed for any improper purpose; and not unreasonable or unduly burdensome or expensive given the circumstances of the case.
The changes to Rule 1.510 are intended to more effectively align with the case management objectives set forth in Rules 1.200 and 1.201, which promote consistency and predictability in the scheduling of summary judgment hearings.
Filing Deadline: The amended rule no longer requires a motion for summary judgment to be filed 40 days before the hearing. Rather, the motion must be filed within the deadlines specified in the case management order.
Response Deadline: The amended rule requires the nonmovant to respond to a motion for summary judgment no later than 60 days after service of the motion (rather than 20 days before the hearing set on the motion). Therefore, the deadline is now tied to the date of service of the motion rather than the hearing date on the motion. While this change will inevitably result in a potential rush for discovery by the nonmovant who needs to respond to a motion for summary judgment, this should also result in both sides understanding their respective positions sooner and help promote settlement.
The changes to Rule 1.440 are meant to streamline the process for setting cases for trial and coincide with Rules 1.200 and 1.201. Significant changes include:
Eliminating the “At Issue” Requirement: The rule no longer requires the case to be “at issue” before it can be set for trial. Instead, the rule now provides that “the failure of the pleadings to be closed will not preclude the court from setting a case for trial.”
Setting Trial Period: For streamlined and general cases, courts must now enter an order fixing the trial period “not later than 45 days before the projected trial period set forth in the case management order.” This is to ensure that trial dates are set promptly and to allow parties sufficient time to prepare.
Rule 1.460 has been entirely rewritten to now emphasize that motions to continue trial are “disfavored” and “should rarely be granted.”
Motion Requirements: A motion to continue trial must be filed promptly after the appearance of good cause. The motion must provide (i) the basis of the need for continuance and when the basis became known, (ii) whether the motion is opposed, (iii) the action and specific dates that will enable the movant to be ready for trial, and (iv) the proposed date by
which the case will be ready for trial. A conferral certification is also required.
Efforts to Avoid Continuances: Courts should use all appropriate methods to avoid continuances, including requiring depositions to preserve testimony, allowing remote appearances and resolving conflicts with other judges.
Sanctions for Dilatory Conduct: If a continuance is sought solely to delay the case, the court may impose sanctions against the attorney, the party or both.
Order Granting Continuance: The court must state the factual basis for the ruling on the record or in a written order. The order must also set a new trial period and/or case management conference.
Filing Transcripts: Effective October 1, 2024, Rule 1.080 now contains a subdivision (d) that requires parties to file the full-page format of transcripts, unless the court authorizes condensed transcripts, and that PDF versions must be text-searchable.
Affirmative Defenses: Effective July 1, 2024, Rule 1.110 now requires a defendant to include a “short and plain statement of the ultimate facts” that support and provide the basis for every affirmative defense raised in the pleadings. Although case law has long supported this requirement, now it is expressly required by the rules. This change will require defendants to learn their case at the outset of the litigation and should help both plaintiffs and defendants find the most relevant facts during discovery.
Evidence Used at Arbitration: Effective July 1, 2024, Rule 1.820(g)(4) requires that any transcripts or exhibits used in arbitration must be retained by the party who introduced the transcripts or exhibits until the conclusion of the case (unless otherwise ordered by the court or agreed by the parties).
Rejection of Arbitration Decision: Effective July 1, 2024, Rule 1.820(h) has been retitled to “Notice of Rejection of the Arbitration Decision and Request for Trial.” If a party wants to reject the arbitrator’s decision and request a trial, instead of filing a “motion for trial” (as required under the old rule), a party must now file a “notice of rejection of the arbitration decision and request for trial” within 20 days after service of the arbitrator’s written decision. The rule remains the same where, if notice is not given, the arbitrator’s decision must be referred to the presiding judge, who must “enter such orders and judgments as may be required to carry out the terms of the decision” as provided by section 44.103(5), Florida Statutes.
Lee County transforms into a festive wonderland each December, bringing families and friends together in celebration. From sparkling lights to holiday parades and festivals, the county offers seasonal cheer for all ages. Discover the best local festivities and make this holiday season a memorable one.
Fort Myers Beach, Dec. 7
The Fort Myers Beach Boat Parade brings festive maritime magic to the Gulf Coast! Boats decked in holiday lights and inflatable characters sail through Matanzas Pass and the Back Bay, creating a unique spectacle. Locals and visitors alike gather at popular spots like Salty Sam’s Marina to watch this colorful parade, where awards are given for categories like “Most Creative” and “Best Overall.” Whether you’re onshore or aboard a participating vessel, this parade offers a magical way to celebrate the season, Southwest Florida style.
Downtown Fort Myers, Dec. 7
Kick off the holiday season at Santa’s Block Party in downtown Fort Myers!
This family-friendly event transforms the historic district into a winter wonderland, complete with a holiday craft village, cookie decorating, and crafts for kids. The highlight is the tree-lighting ceremony, followed by live entertainment and holiday games. Kids can meet Santa for photos, making this event a memorable, community-centered holiday experience. From festive food to holiday cheer, Santa’s Block Party is a perfect way to make seasonal memories in Fort Myers.
Cape Coral Parkway, Dec. 7
The Cape Coral Festival of Lights is a beloved tradition that brings families from across Lee County together. At the heart of the festival is the city’s giant Christmas tree, lighting up Cape Coral Parkway. Live performances on multiple stages, festive food and a special Kidz Street zone make this festival fun for all ages. Children can enjoy bounce houses and holiday games, while adults can shop and sample seasonal treats. This lively event draws crowds from all over and kicks off the holiday season in Cape Coral with a magical evening of lights and cheer.
Fort Myers, tickets available Dec. 6–29, event on select dates
Explore nature with a seasonal glow at the Calusa Nature Center & Planetarium’s Holiday Lights event. Visitors can wander through light displays on nighttime trails winding through natural habitats, all adorned with eco-friendly LED lights. With hot cocoa, family activities and a chance to meet Santa, this event offers a festive twist on outdoor adventure. The planetarium also hosts holiday-themed shows, making it an educational and entertaining outing for all ages. As one of Lee County’s unique holiday attractions, Holiday Lights combines the beauty of nature with festive illumination, creating a one-of-a-kind winter experience in Fort Myers.
Downtown Fort Myers, Dec. 4–8
Celebrating its 18th anniversary,
The Sidney & Berne Davis Art Center’s Festival of Trees transforms downtown Fort Myers into a holiday wonderland. Visitors can stroll through the gallery, where beautifully decorated trees and wreaths— created by local businesses, organizations and artists—are on display. Each tree has a unique theme, from traditional holiday elegance to whimsical designs, and many are available for auction, allowing visitors to bring home a bit of holiday spirit.
The event also features live music, special performances and activities for children. The festival culminates in the Tux & Trees Gala, a glamorous fundraiser supporting the art center’s community programs. The Festival of Trees is an annual favorite that fills the downtown area with holiday cheer and creativity.
If you wander through downtown Fort Myers, you can’t miss the iconic “Arcade Theatre” sign lighting up the First Street block of the Historic River District. Enter the double doors below and discover where the Florida Repertory Theatre company makes its home.
Founded in 1998, the “Florida Rep” is a nonprofit regional theatre dedicated to producing professional plays and musicals. The company taps the creative geniuses of professional directors, designers and actors from around the country who join ensemble members and onsite theatre technicians to produce top-notch dramas, comedies, musicals and new works uniquely crafted for audiences in Southwest Florida. Florida Rep is a local gem and a keystone business reaching nearly 90,000 people through show attendance and outreach programs.
Florida Rep’s 27th season is underway and runs through May 18, 2025. Visit its website to see the full line up of comedies, dramas, musicals and new works as well as educational programming. Come see why The Wall Street Journal calls the regional theatre “One of America’s Top Repertory Companies” and says they are “As Good as Broadway!”
To learn more or to purchase tickets, visit FloridaRep.org or call (239) 332-4488.
An international movement, this nonprofit ministry is part of an evangelical outreach by the universal Christian Church. The Salvation Army’s mission is to share a message that is based on the Bible and motivated by the love of God, meeting human needs without discrimination.
To start, The Salvation Army assesses the needs of each community in which it serves, working to understand the obstacles, hardships and challenges native to the area’s particular population. Next, the organization builds local programs designed to offer immediate relief, short-term care and long-term growth in the areas that will best benefit the community. Then, the nonprofit offers the programs while working to continually optimize their efficacy through spiritual, physical and emotional service.
In Florida, this includes helping men, women and children overcome poverty, combat addition, fight human trafficking, find shelter and survive disasters. To deliver the much-needed relief, The Salvation Army provides a wide range of traditional social services and emergency assistance programs to local communities across the nation.
• Food, Shelter & Clothing
• Medication Payment Assistance
• Education & Job Training
• Senior Citizen Services
• Christmas Assistance
• Rent & Utility Payment Assistance
• Substance Abuse Rehabilitation
• Youth Services
• Emergency Disaster Response
• Corrections
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.
Boy Agnew Potanovic Miller, PLLC.
Boyle & Leonard & Anderson, P.A.
Burandt, Adamski, Feichthaler & Sanchez, PLLC.
Calvo & Calvo, Attorneys at Law
City of Fort Myers Attorney’s Office
Freidin & Inglis, P.A.
Garvin Injury Law
Goldberg, Noone, Abraham Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A.
Green, Schoenfeld & Kyle, LLP
Hahn, Loeser & Parks, LLP
Kagan Law Firm
Kemp & Mace, P.A.
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.
Light Path Law, P.A.
Linde Law Group
Men’s Rights Law Firm
Osterhout & McKinney, P.A.
Patrone Bentley Law Group
Pavese Law Firm
Pope Mazzara & Menendez PLLC
Robert Harris Law Firm
Roetzel & Andress, L.P.A.
Holz-Santospirito Family Law
Scarmozzino/King Trial Lawyers
Schmucker & Lavy Legal, PLLC
School District of Lee County
Sheldon E. Finman, P.A.
Sheppard Law Firm
Simmons & Cook, PLLC
Spivey Law Firm, Personal Injury Attorneys, P.A.
Strayhorn, Persons-Mulicka & Fisher, P.L.
Viles & Beckman, LLC
Wilbur Smith, LLC
Yeslow, Koeppel & Anderson
Scott T. Moorey
u Gabriel Arbois
1. My favorite hobby is art. I like to do digital illustrations on my iPad while listening to a podcast in the background. Legal practice is a very “left-brained” activity, so I like having a visual and creative hobby.
2. I was serving tables one evening at Bravo Italian Kitchen in the Mercato when Michael Bolton visited for dinner. I didn't personally meet him face-to-face that night, but I've had "How Am I Supposed to Live Without You" stuck in my head ever since.
3. What I love about SWFL is the sense of community. Despite its recent growth, Fort Myers still feels like a small town. Hurricane Ian showed that neighbors genuinely care about each other and there is a strong feeling of mutual support. This is what makes SWFL a place to call home.
4. When it comes to sports team, I root for the New York Yankees. I didn't choose to be a Yankees fan; I was born into it.
5. My favorite holiday is Christmas , because there’s no better feeling than getting someone a memorable gift. I enjoy it so much that I keep a spreadsheet of gift ideas for everyone in my family, and I start shopping in July.
On Friday, November 1, the Honorable Andrew Marcus was officially sworn in as a judge for the 20th Circuit Court with Chief Judge J. Frank Porter presiding and many Circuit and County judges, members of the State Attorney's Office, trial attorneys and other distinguished guests in attendance.
Judge Marcus was sworn in by Judge Margaret Steinbeck, with retired Judge Mark Steinbeck by her side. According to Judge Marcus, their mentorship has profoundly influenced his career. As a symbolic gesture of this connection, Judge Marcus has worn the robe once belonging to Judge Mark Steinbeck since his appointment.
Following the devastating effects of Hurricane Helene in the Clearwater and St. Petersburg areas, the LCBA Foundation recognized an opportunity to respond. The Foundation has generously donated $1,250 each to the Clearwater and St. Petersburg Bar Associations to support relief efforts within those communities. After Hurricane Ian hit Lee County, both of these organizations were quick to respond with relief and support for Southwest Florida’s recovery. It’s an honor to stand by them now and remain stronger together.
Henderson, Franklin, Starnes & Holt, P.A. marked its 100th anniversary by announcing a $100,000 commitment to the United Way of Lee, Hendry and Glades Counties. The donation was unveiled at the firm’s anniversary gala, which also included the presentation of a Proclamation from the Fort Myers Mayor. The Proclamation, which commemorated and celebrated the centennial milestone, will be framed and displayed in the firm’s Fort Myers office.
Nominating petitions for the 2025 election for The Florida Bar Board of Governors must be received in The Florida Bar headquarters office on or before 5 p.m. EST on Monday, December 16. All of the board positions are for two-year terms. For more information, visit FloridaBar.org.
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.
A serious injury or the death of a loved one is a devastating and stressful event. Unfortunately, Southwest Floridians are all too often hurt or killed in a wide range of incidents extending from car accidents, boat accidents, slip and falls, or even incidents of medical malpractice and defective products. The hiring of a lawyer after the death of a loved one or a serious injury is a big decision; the selection of a referral partner is an even more important decision as you are putting your hard earned reputation on the line.
For more than 50 years, Garvin Injury Law has been the chosen referral partner of many Lee County Bar Association members since that time. Our Fort Myers based personal injury lawyers help victims and their loved ones seek compensation for all of the physical, emotional and financial harm that they have endured. Through this process, we keep our referral partners informed and always pay maximum co-counsel fees as allowed by the Florida Bar.
Regardless of the type of injury or wrongful death that you or your clients are facing, Garvin Injury Law will work to ensure that your clients receive the client-focused, personalized and compassionate legal counsel that they deserve. We will stand by their side throughout the process, advocating aggressively for their rights and the maximum recovery and referral fees recoverable under the law.
• Personal Injury
• Car Accidents
• Truck Accidents
• Wrongful Death
• Medical Malpractice
• Motorcycle Accidents
• Bicycle Accidents
• Premises Liability
• Jet Ski Accidents
• Elder Abuse
Ty Roland and Evan Lubell together with the determined family of Zachary Martin, an EHS victim, fought relentlessly for justice, leading to a large settlement with the Lee County School Board and the 2020 creation of the Zachary Martin Act.
The holiday season offers the opportunity to treasure moments with loved ones, reflect on the past year and prepare for new beginnings.
At Edison National Bank/Bank of the Islands, it is the strong personal relationships we’ve built with our valued customers that bring us warmth and joy. As the oldest locally owned and managed bank in Lee County, we are honored to support the banking needs of those who call Southwest Florida home for the holidays. Warmest wishes for a festive holiday season filled with laughter, joy and peace.