Res Gestae - Dec. 2024

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

REFLECTING ON 2024 Thoughts from the Hon. Kathy Smith

Picture-Perfect

A LCBA Bar Bench Gala

FLORIDA’S AMENDED RULES OF CIVIL PROCEDURE EXPLAINED

DECEMBER 2024

Law Office of John D. Mills 35 years practicing in Lee County Courtrooms

Domestic Violence Injunctions & Criminal Defense

( 2 3 9 ) 27 1 -28 1 0 | J D M L AW- F T M .C O M

Pine Island Sound Mysteries

by John D. Mills The Pine Island Sound Mysteries series follows divorce attorney Beth Mancini and her long-time boyfriend, Frank Powers, a state prosecutor. Their divorce and criminal cases are intertwined with each other, and together, they help solve murder mysteries set on the islands of Pine Island Sound.

Captiva Coven

Pine Island Gold

The Hooker, The Dancer and The Nun

(Bronze winner from Florida Authors & Publishers Association for Mystery 2018)

(Silver winner from Florida Authors & Publishers Association for Adult Fiction 2016)

The Trophy Wife Divorce

Sworn Jury

Additional mysteries: The Objector | The Manatee Murders | Reasonable and Necessary P I N E I S L A N DS O U N D M YST E R I ES.CO M

BOOK REVIEW Review Date: Jan. 14, 2020

Cayo Costa Cross, A Pineland Sound Mystery, By John D. Mills

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.

Available in paperback and Kindle on PineIslandSoundMysteries.com

EXPERIENCED SPECIALIST TO REFER PERSONAL INJURY CASES

Randall L. Spivey: Board Certified by The Florida Bar as a specialist in Civil Trial law (2001 – present) Rated AV Preeminent by Martindale Hubbell Selected to Florida Super Lawyers Client Distinction Award and Gold Client Champion by Martindale Hubbell

•

Maximum Referral Fees Paid

•

More than 28 years of experience with numerous jury trials throughout Florida

Serving ALL of Florida randall l. spivey

SpiveyLaw.com 239.337.7483 Main Office

randall l. spivey

13400 Parker Commons Blvd Fort Myers, FL 33912

United We Stand...

For the Accused

All Criminal Charges, Felonies and Misdemeanors, State & Federal

Aggressive Criminal Defense

Over 150 Years of Combined Experience

239.277.5297 MuscaLaw.com Attorney John Musca 21 Year Veteran Defense Attorney

2200 Martin Luther King Blvd.

Fort Myers, FL 33901

24

DECEMBER 2024

YOUNG LAWYERS DIVISION

YLD - A Year in Review Kevin Huguelet, Esq.

8

28

LETTER FROM PRESIDENT

We did it!

Hon. Kathy Smith

INTERIOR FEATURE

Florida’s Amended Rules of Civil Procedure Explained Insights and Implications for Practitioners Kimberly D. Swanson and Jonathan R. Fitzmaurice

10

LETTER FROM EXECUTIVE DIRECTOR

Looking Ahead with Gratitude Lauren Baugh

32

12

SPECIAL ADVERTISING SECTION

SPECIAL EVENTS CALENDAR

13

Theres No Place Like Home for the Holidays

Supreme Court Rules Lawyers Can Still Zealously Represent Clients Henry Lee Paul, Esq.

34

ETHICALLY SPEAKING

COMMUNITY CONNECTION

Doing the Most Good Salvation Army

14

36

PRACTICE SECTION

100 CLUB

A Small Update...

About BIG Plans!

Conor Foley

37

17

MEMBER SPOTLIGHT

18

WELCOME, NEW MEMBERS

22

SPECIAL FEATURE

Reminiscing on 2024 Hon. Kathy Smith

Gabriel Arbois

38

IN THE NEWS

41

THANK YOU SPONSORS

ON THE COVER

23

JUDICIAL SPOTLIGHT

42

SPONSOR SPOTLIGHT

An Evening Under the Stars

Honorable Joe Foster

Garvin Injury Law

AD DIRECTORY Aloia, Roland, Lubell & Morgan, PLLC Bay Street Yard Boy, Agnew, Potanovic, Miller Brazzeal Mediation Business Observer Christina Mehta, LLC Realtor Dal Lago Law DeMine Immigration Law Firm Donna (Tisch) Lugar 6 LEEBAR.ORG

43 27 11 11 21 36 36 40 16

Edison National Bank Henderson Franklin Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb Law Offices of John D. Mills Mediate With Ody Musca Law Office, Inc. Norman Love Confections Pavese Law

44 25 37 39 2-3 21 5 9 27

Priority Marketing Roetzel & Andress Roetzel & Andress Senior Advocacy Group Spivey Law Firm Personal Injury Stockman Mediation The North Law Firm, P.A.

39 17 40 35 4 37 7

For over 30 years, we have been representing clients in Accident and Injury cases.

Attorney Joe North

Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Family Law Custody & Support Cases Hurricane Property Damage Claims 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 Attorney Joseph North Settlements

(239) 337-1191

TheNorthLawFirm.com

DECEMBER 2024 7 5220 Summerlin Commons Blvd., Suite 300 | Fort Myers, Florida 33907

PRESIDENT'S LETTER Ladies and Gentlemen of the Jury...

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 8 LEEBAR.ORG

LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director Lauren Baugh

Administrative Assistant Mairelis Tamayo

EXECUTIVE COUNCIL President Hon. Kathy Smith

President Emeritus Spencer Cordell, Esq.

Vice President John Miller III, Esq.

Secretary Dawn Maselli, Esq.

YLD President Joseph Coleman, Esq.

Treasurer John Dommerich Jr., Esq.

BOARD MEMBERS

JUDICIAL LIAISONS

Erin Casey, Esq. Jerry Olivo, Esq. Megan Strayhorn, Esq. Doug Szabo, Esq.

Hon. Robert Branning Hon. Devin George

COMMITTEE CHAIRS 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

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.

PRACTICE SECTION CHAIRS 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.

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.

HOLIDAY SHOPPING? ENJOY THIS OPENAND-SHUT CASE 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!

NAPLES | FORT MYERS | ESTERO | SARASOTA | DELRAY BEACH | BOCA RATON

NormanLoveConfections.com DECEMBER 2024 9

EXECUTIVE DIRECTOR'S LETTER

Looking Ahead with Gratitude 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.

The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.

STAFF 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.

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©2024 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.

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 LBaugh@LeeBar.org | 239.334.0047 Ext. 102 10 LEEBAR.ORG

12140 Carissa Commerce Ct., Ste. 201 | Fort Myers, FL 33966 239.267.2638 | prioritymarketing.com | info@prioritymarketing.com

Your business is our business.

Employment ■ Business ■ Government We represent businesses in employment law matters – from hire to termination and everything in between. We provide legal counseling and training to help employers identify legal risks, and collaborate with them to create solutions that work for their workplaces, both private and public sector. While our goal is typically to help clients avoid claims and lawsuits, when litigation cannot be avoided, we are also experienced litigators prepared to defend our clients through trial and appeal.

bapfirm.com ■ 239.208.6500 4415 Metro Parkway, Suite 110 | Fort Myers, FL 33916

Mediation. Arbitration.

Virtual or In-Person.

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

(239) 821-0069

BrazzealMediation.com

Chad T. Brazzeal, Esquire

Chad@BrazzealMediation.com

Schedule Online DECEMBER 2024 11

SAVE THE DATE FOR 2024 SPECIAL EVENTS CALENDAR 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.

DECEMBER 2024 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 L CBA 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 L CBA 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 L CBA and courts closed

Shifts to Bimonthly Format

ING

-WINN IAL AWARD THE OFFIC N OF THE LEE PUBLICATIO ASSOCIATION BAR COUN TY

g Advo catinr All Justice fo h Kathy Smit The Hon. 2024 Vision Shares Her

CE The EAKIN G SCIEN GROU NDBR LIVIN G of HEALTHY DATE !

SAVE THE Special Events Upcoming

JANUA

RY 202

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.

4

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

LEADING THE NEXT GENERATION OF LAWYER S Meet the

COURTING Success AT MOCK TRIAL

High Schoolers Prep for Circuit

Competition : INS IDE AL SO Week BREAKING La w NEWS: le

2024 YLD Board

du IMMIGRATIO t ScNheLAW UPDATE Even

FEBRUARY 2024

NG -WINNI ARD L AW LEE OFFICIA OF THEIAT ION THE OC ATION PUBLIC Y BAR ASS COUNT

ERS HMATT HEALT L A T N ME

RP TH E CO VER ING AC T UN CO AR EN CY SP TR AN

OR AT

E

12 LEEBAR.ORG

MAY

202

4

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.

ETHICALLY SPEAKING

By Henry Lee Paul, Esq.

Supreme Court Rules

Lawyers Can Still Zealously Represent Clients 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.

Henry Lee Paul, Esq. is a former Bar Counsel who now represents lawyers in all matters before the Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

DECEMBER 2024 13

PRACTICE SECTION

Small and Solo Firm, By Conor Foley

A SMALL UPDATE… ABOUT BIG PL ANS!

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.

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.

14 LEEBAR.ORG

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.

Virtual Legal Assistants: 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.

JANUARY

24

SAVE THE DATE!

Small & Solo Firm Practice Section Meeting

DECEMBER 2024 15

Call for Sponsors

Celebrating LCBA’S LEGACY SPONSORS

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!

16 LEEBAR.ORG

Henderson, Franklin, Starnes and Holt

28 Years

CopyLady, Inc

22 Years

Edison National Bank

19 Years

Boyle, Leonard and Anderson

15 Years

Law Offices of Michael Raheb

14 Years

Goldstein, Buckley, Cechman, Rice & Purtz

12 Years

Fort Myers Court Reporting

8 Years

Sanibel Captiva Community Bank

7 Years

US Legal Support

7 Years

Law Office of Dennis L Webb

6 Years

Boy Agnew Potanovic Miller

5 Years

WELCOME NEW MEMBERS

WELCOME,

Ready for referrals?

Advertise in res gestae.

NEW MEMBERS

THE OFFICIAL AWARD-W INNING PUBLICAT ION OF THE LEE COUNTY BAR ASSOCIAT ION

G RD- WINNIN ICIAL AWA THE OFF THE LEE TION OF N PUBLICA OCI ATIO BAR ASS COUNTY

ANGELIQUE JACKSON, ESQ. Jackson Lewis, P.C.

ng Advo cati r All JusticeSmfo ith Kathy The Hon. 2024 Vision r Shares He

COURTIN G Success AT MOCK TRIAL

Th e ENC E EAK ING SCI GRO UN DBR Y LIV ING of HEA LTH

SAV E THE

DAT E!

Upcoming

LEADING THE NEX T GENERAT ION OF LAW YERS

High Schoolers Prep for Circuit Competition

nts

Meet the 2024 YLD Board

24 2 0NEWS: BREAKIN RY G

Special Eve

JANUA

IMMIGR ATION LAW UPDAT

E

FEBRUARY 2024

Contact Elise Rose 239.267.2638 or RGSales@PriorityMarketing.com

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

Proud Supporter of the Lee County Bar Association The law firm of Roetzel & Andress has been proudly serving the legal needs of individuals and businesses in Southwest Florida for nearly 35 years in the areas of: • Business and Commercial Litigation • Community Association Law • Construction and Construction Litigation • Estate Planning

• Financial Services • Probate Litigation • Real Estate and Land Use

2320 FIRST STREET I SUITE 1000 I FORT MYERS, FL 33901 I RALAW.COM

R&A_2024-04_LCBA_Ad_r3.indd 1

1/12/24 10:15 AM

DECEMBER 2024 17

Supernova Stars:

CopyLady and U.S. Legal Support

Northstar Noise

Associates & Bruce L. Scheiner

PHOTOS FROM THE LCBA BAR BENCH GALA SATURDAY, OCTOBER 26, 2024

Constellation

Edison National Bank

Big Dipper

Goldstein, Buckley, Cechman, Rice & Purtz

Sparkly Stellar

Blue Diamond Jewelers

Celestial

Norman Love Confections

Platinum

Intake Kings

1

2

3

4

5

6

Gold

Pavese Law Firm

Bronze

Schmucker and Lavy Legal Spivey Law Firm

THANK YOU, SPONSORS!

You light up our universe!

18 LEEBAR.ORG

7

8

10

11

9

1. Judge Mary Evans and Rich Haberle 2. Brad and Judge Devin George 3. Hon. Kathy Smith, Holly Cosby, Lauren Baugh and Dawn Maselli 4. Brian Riley, Courtney Riley, Marylynne LeBlanc and Blake Rizzolo 5. Christina Rosas, Terrance Lavy, Monica and Dustin Schmucker 6. LCBA MHWM Raffle Winner, Hon. Kimberly Bocelli 7. Chene and Judge Nicholas Thompson 8. Greg Blurton

12

13

14

9. Cynthia Duff and Dan Detrick 10. Blake Rizzolo, Hon. Kathy Smith and Robert Bowen 11. Judge Andrew and Kristine Marcus 12. Chene Thompson, Raychel Thomas and Erin Casey 13. Veronica Batt and Kristianna Soto 14. Tricia and Randall Spivey 15. Hon. Kathy Smith 16. Shaun and Eve Volkmann, Whitney and Richard Purtz, Samantha Kee and Mark Precheur

15

16

JimJettPhoto.com

DECEMBER 2024 19

17

18

19

20

21 17. Margene Korbly, Nicole Mastmeier, Michael Slater and Alexis Mastmeier 18. Mayor Kevin and Krista Anderson, Hon. Kathy and Mark Smith 19. Ted and Kathleen Fitzgeorge, Robert White, Asma Anwar and Elizabeth LoConte 20. Luca and Dawn Maselli, Amanda Levy-Reis and Hon. Gilberto Perez 21. Vera Bergermann, Hon. James and Hon. Linda Adams 22. Dawn Maselli, Hon. Nicholas Mizell, Bridgette Willauer, Danielle Seitz 23. Hon. Kimberly Bocelli and Leland Garvin

22 20 LEEBAR.ORG

23

JimJettPhoto.com

LEGAL NOTICE ADVERTISING Meet your legal notice requirements with our broad coverage to publish in Lee, Collier, Charlotte, Sarasota, Manatee, Pinellas, Pasco, Hillsborough, Polk, Orange, Flagler and Volusia counties, or any combination of the 12.

The Business Observer offers: • Electronic invoicing and E-filing capabilities • Professional staff to quickly assist you • Low competitive flat rates • Qualified legal status • All print notices published by the Business Observer are automatically placed on BusinessObserverFL.com and FloridaPublicNotices.com at no additional cost To publish your legal notices, call Kristen:

941-906-9386, ext. 323

BusinessObserverFL.com

XNLV21572

Email: kboothroyd@BusinessObserverFL.com

Florida’s Leading Business Publication

DECEMBER 2024 21

SPECIAL FEATURE

Reminiscing on 2024

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 pressure on our legal community to take care of our homes, our families, ourselves, our businesses, our colleagues and our community was very daunting, and it was evident that many in our legal community were struggling. We desperately needed a return to normality where we could openly gather and socialize, but more importantly, we could no longer ignore the rising levels of anxiety, stress, depression, substance abuse and suicide rates that were plaguing our legal community.

At 75 years young, the Lee County Bar Association is strong. But to quote an old adage, we are only as strong as

22 LEEBAR.ORG

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.

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!

JUDICIAL SPOTLIGHT 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

THINGS YOU DON'T KNOW ABOUT ME

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.

DECEMBER 2024 23

YOUNG LAWYERS DIVISION

By Kevin Huguelet

YLD

A YEAR IN REVIEW 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.

Kevin Huguelet, works in Fort Myers as an Assistant United States Attorney practicing civil litigation. He represents the United States, along with its various agencies and employees, in a broad variety of civil contexts. Kevin is an active member of LCBA and the SWFL Federal Court Bar Association.

24 LEEBAR.ORG

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,

Raymond Powers, Cameron Sadighi and Iman Zekri. Each was a necessary part of the whole.

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.

2024: YLD Vision Realized 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

Honoring 100 Years of Service and Community Commitment

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.

2025: Full Steam Ahead 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 Henderson Franklin Managing Lawyer

henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Naples Recognized in 2024 by Best Law Firms©

Where Tradition Meets the Future.® BUSINESS & TAX • BUSINESS LITIGATION • CONSTRUCTION • DIVORCE, MARITAL & FAMILY • EMPLOYMENT • HEALTH CARE • LAND USE, ZONING & ENVIRONMENTAL • MERGERS & ACQUISITIONS • REAL ESTATE • TORT & INSURANCE • WILLS, TRUST & ESTATE PLANNING • WORKERS’ COMPENSATION ©2024 Henderson Franklin Starnes & Holt, P.A.

DECEMBER 2024 25

26 LEEBAR.ORG

Wishing you all the joy, peace, and togetherness that this time of year brings. Here's to a cheerful season and a prosperous year ahead!

Happ Holiday PaveseLaw.com | 239.334.2195 Fort Myers | Cape Coral | West Palm Beach

Agricultural | Banking & Finance | Business & Corporate | Civil Litigation | Condominium & HOA | Construction Environmental & Water | Estate Planning, Probate & Trusts | Land Use & Local Government | Marital & Family | Real Estate

HOST YOUR NEXT EVENT AT DOWNTOWN FORT MYERS' NEWEST VENUE groups of 10-350 exclusive upper deck • vip suites full property buyouts TWO BARS • FOOD TRUCK ALLEY JUMBOTRON & MULTIPLE SCREENS Visit BAYSTREETYARD.COM/PRIVATE-EVENTS/ or email HELLO@BAYSTREETYARD.COM for more info

DECEMBER 2024 27

INTERIOR FEATURE

By Kimberly D. Swanson and Jonathan R. Fitzmaurice

FLORIDA’S AMENDED RULES OF CIVIL PROCEDURE EXPLAINED Insights and Implications for Practitioners 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.

Jonathan Fitzmaurice is a civil trial lawyer at Cheffy Passidomo, P.A. His practice areas include business, construction, commercial and real estate litigation, among others.

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.

CASE MANAGEMENT AND PRETRIAL PROCEDURES

Kimberly Swanson is a business litigation attorney at Cheffy Passidomo, P.A. Her practice focuses on business, construction and real property litigation, as well as fiduciary litigation and landlord/tenant matters.

28 LEEBAR.ORG

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.

CONFERRAL REQUIREMENT FOR NON-DISPOSITIVE MOTIONS 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.

DISCOVERY 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.

DECEMBER 2024 29

MOTIONS FOR SUMMARY JUDGMENT 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.

TRIAL 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.

TRIAL CONTINUANCES 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

30 LEEBAR.ORG

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.

OTHER NOTABLE AMENDMENTS EFFECTIVE NOW 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.

DECEMBER 2024 31

SPECIAL ADVERTISING SECTION

There’s No Place Like 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 Boat Parade 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.

Santa’s Block Party

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.

32 LEEBAR.ORG

Cape Coral Festival of Lights 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.

Holiday Lights at Calusa Nature Center

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.

Home for the Holidays Florida Repertory Theatre – Bringing Great Stories to Life on Stage!

Festival of Trees at Sidney & Berne Davis Art Center

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.

DECEMBER 2024 33

COMMUNITY CONNECTION

DOING THE MOST GOOD… THE SALVATION ARMY MEETS HUMAN NEED WHEREVER , WHENEVER AND HOWEVER IT CAN. 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

1.8

MILLION

27+ MILLION Assisting more than 27 million people in the U.S. last year

Serving in 134 countries around the globe

Supporting over 1.8 million members consisting of officers, soldiers and adherents

To learn more, visit SalvationArmyFlorida.org.

34 LEEBAR.ORG

1865

Pursuing its mission since 1865

Estate Planning is all about preparing for an unknown future.

Our caring and experienced advocates are the supporting cast you’ve been looking for to complete your clients’ trusted advisor team.

FOUNDERS

There are no dress rehearsals for life’s uncertainties.

Shelley R. PERRY, JD

Linda O.

FLORES, CDP

Professional Fiduciary and Lifecare Management Solutions

239.206.1203 | SeniorAGroup.com 2390 Tamiami Trail North, Suite 202 | Naples, FL 34103

DECEMBER 2024 35

100 CLUB

IS YOUR FIRM PART OF THE 100 CLUB? 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.

Green, Schoenfeld & Kyle, LLP

Pope Mazzara & Menendez PLLC

All Injuries Law

Hahn, Loeser & Parks, LLP

Robert Harris Law Firm

Aloia, Roland, Lubell & Morgan, PLLC.

Kagan Law Firm

Roetzel & Andress, L.P.A.

Arend & Sisk, P.A.

Kemp & Mace, P.A.

Holz-Santospirito Family Law

Associates & Bruce L. Scheiner, P.A.

Knott Ebelini Hart

Scarmozzino/King Trial Lawyers

Boy Agnew Potanovic Miller, PLLC.

Law Offices of Dennis L. Webb, P.A.

Schmucker & Lavy Legal, PLLC

Boyle & Leonard & Anderson, P.A.

Law Offices of Michael M. Raheb, Criminal Lawyer

School District of Lee County

Law Offices of Scott T. Moorey

Sheppard Law Firm

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.

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

Sheldon E. Finman, P.A. 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

Your SOUTHWEST FLORIDA Realtor®

Christina Mehta

• Graduate REALTOR® Institute (GRI) • Resort & Second Property Specialist (RSPS)

Waterfront Specialist

Affiliate Member of the Lee County Bar Association

Call Today! 239.470.4204

15065 McGregor Blvd., Suite 105 • Fort Myers, FL 33908 cmehta@johnrwood.com 36 LEEBAR.ORG

Scott T. Moorey

MEMBER SPOTLIGHT

THINGS YOU DON'T KNOW ABOUT ME

u Gabriel Arbois

Criminal Defense Attorneys Scott T. Moorey Lance W. Dunford Jill A. Prenger Good People Do Get Arrested

239-275-5552

1430 Royal Palm Square Blvd Suite 101 Fort Myers, FL 33919

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.

DECEMBER 2024 37

IN THE NEWS INVESTED IN OUR COUNTY 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.

RESPONDING WITH RELIEF 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.

A MOMENTOUS YEAR 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 DUE SOON! 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.

38 LEEBAR.ORG

When it comes to

Marketing, We set the Bar. Since 1992, Priority Marketing has grown to become Southwest Florida’s largest marketing agency offering the most comprehensive and award-winning marketing, advertising and public relations services.

Today, our team of 65 savvy creatives and mastermind strategists take great pride in delivering the full scope of marketing solutions to propel businesses and organizations to reach new heights.

Are you ready to raise the bar for your brand?

Contact Us! PriorityMarketing.com

DECEMBER 2024 39

1

FAMILY DRAMA

t

r u

3

l

i

s t

i

g

a

t

i

o

ACROSS 3. Protective legal action 5. Process involving distribution of assets 6. A leading law firm DOWN 1. Property held for good of beneficiary 2. City in Lee County 4. City in Collier County

4

R

O

r t

m

p

r

o

b

a

E

T Z

E

L

l

6

s

f o

n a

5

2

t

y

e r s

KEY CONTACT: JAMIE SCHWINGHAMER | JSCHWINGHAMER@RALAW.COM | 239.213.3887

40 LEEBAR.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.

999 VANDERBILT BEACH ROAD SUITE 401 NAPLES, FL 34108

ralaw.com

THANK YOU TO OUR LCBA SPONSORS PLATINUM

GOLD GOLD

GOLD SILVER

GOLD

BRONZE

INGOLD KIND

DECEMBER 2024 41

SPONSOR SPOTLIGHT

PERSONAL INJURY REPRESENTATION SINCE 1973 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.

PRACTICE AREAS • Personal Injury • Car Accidents • Truck Accidents • Wrongful Death • Medical Malpractice • Motorcycle Accidents • Bicycle Accidents • Premises Liability • Jet Ski Accidents • Elder Abuse

Free Consultations Available

239.277.0005 42 LEEBAR.ORG

garvinlegal.com

4280 S. Cleveland Ave, Fort Myers, FL 33901

Exertional Heat Stroke “EHS” Deaths are

100% Preventable.

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.

Ty G. Roland Senior Partner Personal Injury & Wrongful Death

Jonathan Martin Partner Personal Injury & Wrongful Death

Evan D. Lubell Senior Partner Personal Injury & Wrongful Death

The Zachary Martin Act requires each FSHAA high school to monitor heat stress during athletic activities, provide training, and have an automated external defibrillator (AED) available on the grounds. You can learn more about this at ZachMartinFoundation.com.

Contact us for a free evaluation. Full referral fees paid.

Offices:

2222 Second Street, Ft. Myers, FL 33901 1222 47th Street, Cape Coral, FL 33904 Telephone: 239.376.1661 Website: LawDefined.com

P.O. Box 1387 Fort Myers, FL 33902-1387

PRSRT STD U.S. POSTAGE PAID FT. MYERS, FL PERMIT NO. 147

(239) 334-0047 Fax (239) 334-0523 LEEBAR.ORG

Cleveland Avenue Office

River District Office

Sanibel Office

Captiva Office

MAY YOUR HOLIDAYS BE

Merry & Bright 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.

S. Cleveland Avenue 239.466.1800

We Make Banking About You!

River District 239.334.4668 Bank of the Islands - Sanibel 239.472.7211 Bank of the Islands - Captiva 239.395.0248 EdisonNationalBank.com

Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.