Res Gestae - January/February 2025

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

LEGAL LABYRINTH

Navigating Criminal Law’s Complex Changes in 2025

SETTING COORDINATES FOR JOE NORTH WAY

Member Spotlight & Local News

THE CASE FOR ENGAGEMENT

PRESIDENT JOHN MILLER, III, ESQ. SETS THE BAR FOR 2025

JANUARY/FEBRUARY 2025

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

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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.

Cayo Costa Cross

Pine Island Gold

The Hooker, The Dancer and The Nun

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

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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 THE NATIONAL BOOKFEST AWARDS winner for 3rd place in Crime and Legal Thriller division for Fall of 2024 Captiva Coven, A Pineland Sound Mystery, By John D. Mills

Amazon Reviews: Laura A. - 5.0 out of 5 stars Devoured this book!

Reviewed in the United States on September 26, 2024 I will read anything by John D Mills now that I’ve read Captiva Coven.

I was in the mood for something witchy, given the time of year. This one, about four witches who come together in friendship until two of them are murdered, is phenomenal. I was drawn to the intrigue of a double murder (I mean, what's better than a whodunit times two!) and the mystery about what happened to them. You’ll never guess!!! The surviving friends' journeys to plot revenge on the killer is an epic ride filled with surprises.

There’s a beach read feeling to the story, but there are also more twists and turns than any lighthearted book I’ve brought to the ocean. Still, I finished it quickly and the ending is very good.

I just thought the characters were wonderful and the plot is so good.

I decided I had to jump on board and read Mills's other work. I’m having a great time. John D Mills's books are suspenseful, fun, and thrilling!

Caleb Willis - 5.0 out of 5 stars John Mills weaves the perfect Summertime vacation story.

Reviewed in the United States on September 30, 2024 Beaches, witches, and murder mysteries; what could be a better combination as the Summer comes to an end? Mills expertly combines the sometimes cheesy, always unassuming environment of a tropic vacation destination with the fun and dark tropes of witchcraft, divorce lawsuits and police work. There is also an excellent blend of calm, relaxing beach scenes and action-packed drama. I have never encountered a book that can so seamlessly moves through fantastical magical experiences, to murderous true-crime-style plots, to the over-the-top romantic dramas where the levels of greed and deception never seem to end. This reads like a romance, detective novel, and fantasy adventure all packed into one. I would recommend this book for anyone looking for an easy and action-packed read that also provides a good reminder of warm days and relaxation as we head into Autumn.

Available in paperback and Kindle on PineIslandSoundMysteries.com

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JANUARY/FEBRUARY 2025

YLD

The YLD Year at a Glance Gabriel Arbois, Esq.

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LETTER FROM PRESIDENT

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Greetings, LCBA Members John Miller, III, Esq.

MEMBER SPOTLIGHT

Joe North, Esq.

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LETTER FROM EXECUTIVE DIRECTOR

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Elevating Education in Lee County The Foundation for Lee County Public Schools

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Lawyer Suspended for Demanding Arbitrary and Punitive Fee Henry Lee Paul, Esq.

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The Honorable Christopher Whitney

Complex Changes are Coming for Criminal Law Dylan Rettig, Esq.

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COMMUNITY CONNECTION

New Year, New Us Lauren Baugh

SPECIAL EVENTS CALENDAR

2025 FOUNDATION CONTRIBUTORS

ETHICALLY SPEAKING

JUDICIAL SPOTLIGHT

PRACTICE SECTION

100 CLUB

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LEGAL LENS

IN THE NEWS

Ending the Year With Holiday Cheer

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TERRY'S TAKE ON THINGS

Thoughts on the Rules Amendments T. Rankin Terry, Jr., JD, LLM

THANK YOU SPONSORS

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DONOR LISTING

Mental Health & Wellness

ON THE COVER

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INTERIOR FEATURE

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SPONSOR SPOTLIGHT

Ready to Engage

Mock Trial 2025 Maria Alaimo, Esq.

Intake Kings

AD DIRECTORY Barbara M. Pizzolato Boy Agnew Potanovic Miller Brazzeal Mediation Business Observer Dal Lago Law DeMine Immigration Law Firm Donna (Tisch) Lugar 6 LEEBAR.ORG

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Edison National Bank Henderson Franklin Phyllis Johnson Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb Law Offices of John D. Mills Mediate With Ody

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PRESIDENT'S LETTER

Greetings, LCBA Members!

As I step into the role of President for the Lee County Bar Association in 2025, I am filled with excitement and a deep sense of responsibility.

Our association has long been a cornerstone of the legal community in Lee County, fostering an atmosphere of collegiality and professionalism of which we are all proud.

This year, my theme is Engagement. I believe that by becoming more engaged with our association, we can strengthen our community and enhance the value we provide to each other and to the public. Whether through your time, talent or treasure, your involvement is crucial.

Since the onset of COVID-19, many voluntary bar organizations and nonprofits have faced significant challenges in maintaining engagement. However, I am determined to buck this trend.

The Lee County Bar Association is uniquely important as it represents all lawyers and the broader legal community in our area. Our collective efforts can ensure that we continue to thrive and support one another.

We need more members, more sponsorship, and more active participation. I encourage each of you to find ways to contribute, whether by attending events, joining committees, or offering your expertise and resources. Together, we can make a meaningful impact.

I would like to extend my heartfelt thanks to my wonderful wife, Kayla Richmond, and my family for their unwavering support. Additionally, I am deeply grateful to my law firm, Boy Agnew Potanovic Miller PLLC, and my law partners for their encouragement and support.

I am excited about what we can achieve together in 2025. Let’s make this a year of renewed engagement and collective success.

Turn to page 26 to learn more about John, his background and his unique vision for LCBA during 2025.

John Miller, III, Esq., LCBA President JohnM@bapfirm.com | 239.208.6542 8 LEEBAR.ORG

LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director Lauren Baugh

Administrative Assistant Mairelis Tamayo

EXECUTIVE COUNCIL President John Miller, III, Esq.

President Emeritus Hon. Kathy Smith

Vice President John Dommerich, Jr., Esq.

Secretary Kristianna Soto, Esq.

YLD President Kevin Huguelet, Esq.

Treasurer Dawn Maselli, Esq.

BOARD MEMBERS

JUDICIAL LIAISONS

Erin Casey, Esq. Jerry Olivo, Esq. Blake Rizzolo, Esq. Megan Strayhorn, 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. Lance Dunford, 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. Elder Law Lisa Gelman, Esq. Blake Hampton, Esq. Family Law Kayla Richmond, Esq. Danielle Seitz, Esq. Magistrate Christopher Whitney 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. 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.

JANUARY & FEBRUARY 2025 9

EXECUTIVE DIRECTOR'S LETTER

New Year, New Us Please give a warm welcome to our new 2025 LCBA president, John Miller, III, Esq.!

The Honorable Kathy Smith was a great leader, and John has some large shoes to fill.

With his prior leadership in The Florida Bar’s YLD Board of Governors, in addition to serving on LCBA’s own executive board for a few years, we know he can slide right into those shoes and run us into 2025. See what I did there?

John’s theme for this year is engagement. We are so excited to march forward with this theme. Whether you are a member, sponsor, event speaker or just an attendee, the goal is to elevate your engagement experience with the LCBA! We want YOUR ideas to help guide the path. Each year, we strive to host more CLEs and intentionally meaningful events.

While we have done this successfully so far, it is not without the help from you! Our team will plan the events and book the speakers, but if you have an idea for either, please reach out and let’s see if we can make it happen!

By now, each person reading this should have received (and hopefully already sent back!) your renewal application and a few other items. In case you did not, please go online to LeeBar.org and renew your membership as soon as possible.

In the packet referenced, we also included our LCBA Mental Health and Wellness flyers. They showcase the program’s six FREE therapy sessions as well as our newly formed Attorneyto-Attorney Support Group. If you would like more information about those, or anything else, please do not hesitate to reach out to me!

Also, there is still time to sign up as an LCBA annual sponsor.

Sponsors are the heartbeat of our Bar Association! Please see page 47 for a current listing of our annual sponsor partners, then check out the Res Gestae March/April issue for an updated list!

This is going to be a great year. LCBA thanks you in advance for coming out to our events and supporting each mission we set forth to accomplish.

Cheers to 2025!

Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102 10 LEEBAR.ORG

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 Alan Zagier Editors In Law Hon. Kathleen Smith Lauren Baugh Creative/Art Director Christi Finger Graphic Designer Lynsey Gill Contributing Writers Maria Alaimo, Esq. Gabriel Arbois, Esq. Lauren Baugh John Miller, III, Esq. Henry Lee Paul, Esq. Dylan Rettig, Esq. Hon. Kathy Smith T. Rankin Terry, Esq., LLM Alan Zagier Contributing Photographers Jim Jett Photography Kayla Richmond, Esq.

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©2025 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.

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Schedule Online JANUARY & FEBRUARY 2025 11

SAVE THE DATE FOR 2025 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.

JANUARY 2025 1 New Year’s Day - LCBA and courts closed 8 Mental Health & Wellness Mission –

Attorney to Attorney Support Time: 6:00 p.m. to 7:00 p.m.

Location: Law Office of Holly E. Cosby 602 Center Road, Fort Myers, FL 33907

10 L CBA RPPTL Virtual Brown Bag

Time: 12:00 p.m. to 1:00 p.m.

Location: Microsoft Teams Topic: 2024 Probate, Trust & Guardianship Case Law Update Speaker: Richard Mancini, Esq.

16 A DR Virtual Lunch and Learn

Time: 12:00 p.m. to 1:00 p.m.

Location: Zoom Topic: TBA Speakers: TBA

17 A nnual Swearing-In Ceremony

Time: 12:00 p.m. to 1:00 p.m.

Location: Old Lee County Courthouse, 2nd Floor Chambers Room Cost: $20 members, $25 non-members See page 30 for more event details.

Register at LeeBar.org

20 M artin Luther King, Jr. Day - LCBA and courts closed 24 S mall and Solo Section Virtual Lunch and Learn

Time: 12:00 p.m. to 1:00 p.m.

Location: Zoom Topic: Maximizing Firm Efficiency through Technology, Automation and AI Speaker: James Thomas, Co-Founder of Intake Kings

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30 Criminal and Immigration Law Sections Lunch & Learn

Time: 12:00 p.m. to 1:00 p.m.

Location: Lee County Justice Center, Courtroom 2B Topic: Navigating the Intersection of Immigration and Criminal Law Moderators: Asma Anwar, Esq. and Pablo Hurtado, Esq. Speakers: Efren Arocho, Esq., Indera DeMine, Esq., Emma Casimir, Esq. and Dan Cavanaugh, Esq. Sponsor: Hurtado Immigration Law Firm See page 46 for more event details.

31 General Civil and Business Litigation Law Section Special Lunch & Learn Time: 12:00 p.m. to 1:00 p.m.

Location: LCJC-5J Topic: Florida Rules of Civil Procedure Moderator: John Miller, III, Esq. Speakers: Judge Michael McHugh, Judge Lauren Brodie and Judge Geoffrey Gentile See page 25 for more event details.

FEBRUARY 2025 6-7 L ee County Mock Trial - Sponsors and volunteers needed!

See page 21 for current sponsor listing.

12 M ental Health & Wellness Mission –

Attorney to Attorney Support Time: 6:00 p.m. to 7:00 p.m.

Location: Law Office of Holly E. Cosby 602 Center Road, Fort Myers, FL 33907

14 R PPTL Virtual Brown Bag

Time: 12:00 p.m. to 1:00 p.m.

Location: Microsoft Teams Topic: 2025 Heckerling Update Speaker: Michael Sneeringer, Esq.

20 A DR Virtual Lunch & Learn

Time: 12:00 p.m. to 1:00 p.m.

Location: Zoom Topic: TBA Speaker: Dr. Laura Streyffeler

SPECIAL EVENTS CALENDAR

MARCH 2025

AUGUST 2025

TBA Bench Bar-BQ & Shrimp Boil

1 J unk Food with the Judges

APRIL 2025 11 H ealth & Wellness Symposium

15 L CBA & Florida Bar State of the Bar Luncheon TBA Baseball with the Bar

18 G ood Friday - LCBA and courts closed

SEPTEMBER 2025

26 L aw in the Mall

1 L abor Day - LCBA and courts closed

MAY 2025

23 R osh Hashanah - LCBA and courts closed

1 Law Week Blood Drive

OCTOBER 2025

1 LCAWL Judicial Appreciation Reception

2 Y om Kippur - LCBA and courts closed

2 Law Week Awards Luncheon & Ceremony

17 P ro Bono Awards

TBA LCBAF Annual Charity Golf Tournament 26 M emorial Day - LCBA and courts closed

NOVEMBER 2025 11 V eteran's Day - LCBA and courts closed

JUNE 2025

21 L CBA Luncheon – Topic TBA

4 YLD Burritos with the Bench

27-28 Thanksgiving - LCBA and courts closed

JULY 2025

DECEMBER 2025

4 Independence Day - LCBA and courts closed

5 L CBA & YLD Annual Holiday Party

11-12 V oluntary Bar Leaders Conference

24-26 Christmas Holiday - LCBA and courts closed JANUARY & FEBRUARY 2025 13

ETHICALLY SPEAKING

By Henry Lee Paul, Esq.

Lawyer Suspended

for Demanding Arbitrary and Punitive Fee Even though I have been practicing in the area of lawyer regulation for many years, there are still cases I encounter in present circumstances that are hard to fathom.

The adage that “you cannot make this up” is applicable to facts in The Florida Bar v. Alva, SC21-1564. The Court suspended Alva for one year for conduct involving unmitigated greed in demanding clearly excessive, arbitrary and punitive fees from an established corporate client.

The fee agreement Alva had with his client provided for a $25,000 retainer to be held in trust and to be applied against unpaid fees. The contract also provided for payment to be made within 10 days of invoicing. The client had been represented by Alva for over two years and had a history of making prompt payment of invoices.

However, after two years, the client had questions about one monthly invoice in December 2017. This invoice was for 66.8 hours of service amounting to $25,040.00 in fees. The client, whose principal had been out of the country, responded in early February 2018 that he had some questions about the invoice.

Alva expressed that he did not believe the questions were in good faith. Because Alva asserted the payment of the $25,040 December invoice was late, he subsequently issued an additional invoice to the client in the amount of $126,650. This additional invoice retroactively imposed a higher hourly rate on past services already performed and paid for. The fee agreement did not provide for this surcharge. Even if the fee agreement had provided for such a surcharge, it likely would have been unenforceable.

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.

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After receiving this additional invoice, the client paid the December invoice in full. Upon receiving payment for the December invoice, Alva then disbursed the $25,000 in trust that was applied to the additional surcharge invoice. The client responded by demanding a refund of the funds disbursed from trust.

Alva declared to his client that the alleged breach was “sufficient to nullify the contract.” He refused to address the billing questions raised by the client. He also alleged bad faith by the client. Alva refused to refund the $25,000 and stated he would file a lawsuit seeking punitive damages as well as treble damages in the amount of $375,000.

The client sued Alva for return of the $25,000 disbursed from trust and prevailed on summary judgment. Alva lost the appeal. The referee in the disciplinary case relied on the court order finding against Alva. Alva was found to have violated rules, including Rule 4-1.5(a) (illegal, prohibited or clearly excessive fees and costs) and Rule 3-4.3 (misconduct and minor misconduct). It is notable that the Court affirmed their recent expansion of the application of Rule 3-4.3 in support of the substantial discipline because of “fundamental dishonesty.”

Members of The Bar are advised to remember that the practice of law is a profession. A lawyer should not let a personal interest in obtaining compensation interfere with the obligation to deal fairly with a client.

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LCBA NEEDS YOU! Lead Your Practice Section LCBA has a few practice sections that need chairs and co-chairs for the upcoming year. If you are interested in getting involved, let’s have a chat!

This is a great way to get your name out there to LCBA’s membership and many others, as well as engage with your fellow legal eagles.

Interested in Becoming a Chair or Co-Chair?

LBaugh@LeeBar.org |

(239) 334-0047 Ext. 102

JANUARY & FEBRUARY 2025 15

PRACTICE SECTION

By Dylan Rettig, Esq.

COMPLEX CHANGES ARE COMING FOR CRIMINAL LAW 2025 promises a year of similar monumental shifts like 2024 for those practicing criminal law at all levels. First, the recent election of a new federal administration brings with it promises of immigration crackdowns. Second, the return of a victorious super-majority in both houses of the State Legislature. And third, the fruition of past legislative priorities with the implementation of several new laws in Florida on January 1, 2025.

Dylan Rettig is an Assistant Public Defender in Lee County, Florida. He graduated from Florida Coastal School of Law in 2017, where he served as the Editor-in-Chief for the Law Review. Subsequently, Dylan attended Florida State University for his Master’s in International Affairs while serving as a Florida Gubernatorial Fellow.

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Federally, while no plans have been provided to date, immediate action from the Trump administration on immigration is expected after inauguration. Many anticipate an increased presence of federal law enforcement, which will be especially important to Florida Defense attorneys. One can expect to encounter a range of federal-state overlap as Customs and Border Patrol (CBP) agents’ presence increases across Florida.

Food for thought: “Immigration Officers, without a warrant, may ‘within a reasonable distance from any external boundary of the United States... board and search for non-citizens in any vessel

within the territorial waters of the United States and any railcar, aircraft, conveyance or vehicle.’”

Legal authority for the Border Patrol, https:// www.help.cbp.gov/s/article/Article-1253 (last visited Dec. 6. 2024).

The qualifying “reasonable distance” has been statutorily defined as 100 air miles from the border. Id., 8 CFR § 287.1(a)(2) (2024). Thus, the entire State of Florida is under CBP’s jurisdiction.

One could assume that CBP will make great use of checkpoints where, no doubt, local residents will be swept up for miscellaneous alleged crimes in this dragnet. See United States v. MartinezFuertes, 428 U.S. 543 (1976).

Legislatively, one can expect to see the realization of several priorities advanced throughout the last election. Current proposed legislation for the 2025 session includes bills filed to make it a felony to impact the legibility of license plates (SB 44), revision to the applicable statutes for stalking and related offenses (SB 54), as well as a substantive overhaul of Boating Under the Influence (SB 58).

One topic that has been consistent is the politicization and weaponization of prosecutors’ offices across the country. Will 2025 see legislative responses to the lack of oversight exhibited by prosecutors’ offices? In past years, Governor DeSantis has stepped in and removed elected State Attorneys who are failing to follow the will of the legislature.

Maybe 2025 is the year that the Legislature solves the issue of lack of oversight for these public offices, especially given the ethical misconduct reports coming out of some offices like Miami-Dade. (Ord. Den. Def’s Mot. To Disqualify the St. Attys Off. for the 11th Jud. Cir. of Fla.) But, in the alternative, Disqualifying Assistant St. Attys Michael von Zamft and Stephen Mitchell, State vs. Smith, (Fla. 11th Cir. Ct. March 6, 2024).

Since 2020, bill variations have been filed for a Statewide Council on Prosecutorial Misconduct but have all died in committee. See SB 262 (2020); SB 1174 (2022). 20th Circuit local State Senator Jonathan Martin is Chair of the Criminal Justice Committee for the 2025 Session. Perhaps he can help address this issue and ensure that rogue prosecutors not effectuating the will of the people are held accountable for their actions, or lack thereof. Failing to address this issue will certainly lead to more voir dire options for Criminal Defense attorneys, as

we can now point to the weaponization of prosecutors’ offices as a reason juries should look past that convicted felon designation.

Locally, 2025 will see the implementation of several new laws that criminal law practitioners will encounter frequently. HB 1365 (2024) goes into full effect and allows residents to sue municipalities that fail to enact public camping and sleeping bans. In those political subdivisions that have enacted such ordinances, one can anticipate seeing more arrests and searches of unhoused individuals that will surely keep County Courts busy across the state.

One bill that stands out for federal-state overlap convolutions is SB 1036 (2024). This new mechanism requires those with prior convictions of illegal reentry, or that have ties to transnational crime organizations, to have their charges reclassified by one degree. 2025 will present quite the conundrum when the federal government is trying to deport criminal immigrants at an increased pace while the State of Florida has just implemented laws to keep them in the State longer. Hopefully, the legislature can address these issues and help citizens avoid these tax burdens.

With the state legislative session beginning in March, expect to see varied and complex changes to the criminal law practice as we venture into 2025.

JANUARY & FEBRUARY 2025 17

LEGAL LENS

Members of the Bar and the Bench gathered on the patio at The Edison Restaurant in Fort Myers to celebrate the end of another great year and the holiday season in style during LCBA’s annual holiday party. Guests warmed themselves by the outdoor fire pit while enjoying libations and nosh.

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1. Dan Detrick, Cynthia Duff, Lauren Baugh, John Miller, III, Brian Riley and James Thomas 2. Veronica Batt and her family 3. Kristianna Soto and her family

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4. Kevin Huguelet, Hon. Kathy Smith, Hon. Jack Weiss 5. Mairelis and Danay Tamayo 6. Dylan Rettig, Minerva Poblet, Vera Bergermann 7. Eunice Linot, Vera Bergermann, Cynthia Duff 8. John Miller, III, Kayla Richmond, Courtney and Brian Riley 9. Spencer Cordell, Joey Coleman, Hon. Kevin Karnes 10. Dan Detrick, Cynthia Duff, Marcy Shaw, Lauren Baugh 11. Heidi Garvin and her son 12. John Miller, III and Kayla Richmond 13. Andrew Banyai, Eunice Linot, Dawn Maselli, Kayla Richmond

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JimJettPhoto.com JANUARY & FEBRUARY 2025 19

TERRY'S TAKE ON THINGS

By T. Rankin Terry, Jr., JD, LLM

THOUGHTS ON THE RULES AMENDMENTS I have been away from everyday trial work, and therefore, comment cautiously on the recent Rules Amendments broadly dealing with case management. This is in gestation, but still scheduled to be effective January 1, 2025. Further oral argument for the case, SC2024-0662, was held November 7. As of December 1, 2024, there have been no docket entries since the oral argument.

T. Rankin Terry, Jr. is a longtime Southwest Florida practitioner.

He was board certified in civil trial for 35 years and has been a certified mediator for 29 years.

His undergraduate degree in mechanical engineering is from the University of Kentucky, his juris doctor is from Washington University in St. Louis, and his LLM in tax is from the University of Florida.

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federal judges learn about and keep up with the cases. By the time a case is resolved by trial, settlement or otherwise, a federal judge and their staff has considerable time invested in it.

I do not believe that our underfunded state court system can devote what I call “the case intimacy” that the Supreme Court Justices’ “Federalization plan” will require.

From that experience, here are my observations.

I watched the replay of the November 7 oral argument and suggest all do so. I came away thinking that many present, on and off the bench, wanted to stand up and say, “Let’s just do it the way the Feds do it!” But no one did, because of the elephant in the room – lack of funds. Sadly, I fear that the Justices are trying to reconfigure the “Federal Wheel,” which has a basic engineering design such that it will not fit “The State Court Wagon.”

The Supreme Court’s new case management plan, amending Rule 1.510 and adding Rule 1.202, attempts to federalize case management.

I suggest that to do that, they are going to have to get the legislature and governor to fund a law clerk and second JA for each trial judge. With one or more law clerks and other personnel, the

The Court is probably going to rule by Christmas to hold the January 1, 2025, effective date. By the time you read this, you will have been blitzed with their ruling and many rapidly formed opinions on what it means. When you see the oral argument, you will see that there are many implementation questions outstanding.

I served as a member of the Civil Rules Committee for over 30 years, as well as chair of its Drafting Subcommittee for a good deal of that time. I became one of the first board-certified civil trial lawyers in 1983, a designation granted to 300-plus individuals. I maintained this credential for 35 years thereafter.

WELCOME NEW MEMBERS

WELCOME,

NEW MEMBERS JOHN BLACKWELL, ESQ. Hahn Loeser and Parks LLP BROOKE FISHER, ESQ. Pavese Law Firm PETER FISHER, ESQ. Pavese Law Firm AYAH INNAB, ESQ. Vernon Litigation KIMBERLY SAMS, ESQ. City of Cape Coral

JANUARY & FEBRUARY 2025 21

INTERIOR FEATURE THANK YOU, MOCK TRIAL SPONSORS! Each year, funds are raised through sponsorships. These are gifted as scholarships to the winners in each category, which can have a significant impact on their participation and future. If you are interested in supporting Mock Trial with a special gift, please contact letsfindtherightperson@ andputthathere.com.

By Maria Alaimo, Esq.

MOCK TRIAL 2025

A time-honored tradition for the School District of Lee County and the Lee County Bar Association, High School Mock Trial is a way for students to begin developing their interest in the legal field, which may turn into a future career as an attorney.

BLACK’S LAW DICTIONARY U.S. CONSTITUTION THE POWER OF WORDS

22 LEEBAR.ORG

Established in 1991, the Florida State High School Mock Trial program has grown to include teams from all twenty Florida Circuits.

In addition to engaging the next generation of attorneys, the competition also provides future lawyers with valuable courtroom experience.

SAVE THE DATE! COUNTY COMPETITION This year’s County Competition will take place on February 6 and 7, 2025. It will be organized by the School Board Attorneys from the School

District of Lee County, Lee County Legal Aid, members of the Lee County Bar Association and members of the judiciary from both Lee County and the Twentieth Judicial Circuit.

Nine teams from local private, charter and public schools will be participating in this year’s event.

The competition starts at the county level, which will be hosted by Lee County. Each winner from the county competition is given a scholarship from the Lee County Bar Association, which is sponsored by local attorneys and law firms.

For this county competition, Florida Southern College, through the Justice Teaching Center, creates a new set of facts and case materials each year. This year’s trial is a criminal case involving a robbery. The students must use the details and the rules of evidence that are

listed and prepare for trial as both the State Prosecution and Defense. The same set of facts and rules will allow the competition to be uniform to allow the judges to score the students and teams fairly. Students will utilize critical thinking skills, legal reasoning and analysis as they prepare for the annual competition.

The students will be scored on their opening and closing statements, direct and cross-examination of witnesses, and the overall presentation of the case. Students will also learn the structure and function of the courts and the legal process.

MANY HELPING HANDS & SPONSORS The students will have a teacher-school coach that assists the team with organizing the case materials and practices.

Many of the teams will also have an attorney volunteer to coach and assist with their courtroom presentation and style.

Attorney coaches will provide feedback on techniques to approach cases and develop strategies.

Many of our local judges, magistrates and attorneys volunteer as scoring and presiding judges. There will be up to 50 attorney volunteers at this year’s county competition. The presiding judges will moderate the cases, rule on objections, case challenges and disputes, and score on the final outcome of the cases. The Scoring Judges will rate the opening and closing statements, attorney presentation, direct and crossexamination of witnesses, and the overall case.

The two top scoring teams will compete in the championship round, where one team will emerge as the winner and go on to the circuit competition level. From the circuit competition, the top-scoring team will proceed to the state championship.

There's no doubt that the amazing students who win the competition have perfected their cases and could easily be considered future colleagues.

JANUARY & FEBRUARY 2025 23

24 LEEBAR.ORG

JANUARY & FEBRUARY 2025 25

COVER ARTICLE

By Alan Zagier

READY TO

ENGAGE New LCBA president Miller looks to grow participation and involvement

As the new Lee County Bar Association president, John Miller, III, Esq. doesn’t have to venture very far for advice on how to do the job.

At Boy Agnew Potanovic Miller, where he specializes in civil litigation and general tort defense, the new LCBA president can tap fellow firm partner John Agnew, who served in the same role a decade ago.

And at Henderson Franklin, where he spent the first dozen years of his legal career, there’s stockholder Michael Corso, a former president (1985) who encouraged the new associate to join the Young Lawyers Division.

Miller hasn’t looked back since.

“I’ve really been involved in some form or fashion with either the local or state bar since the beginning of my practice,” said Miller, a past governor of The Florida Bar Young Lawyers Division and LCBA treasurer. “It’s been a very rewarding path. I’ve met a lot of great people through all the years of involvement.”

Those connections matter deeply to 26 LEEBAR.ORG

Miller, who credits retired Henderson Franklin attorney Robert Shearman for guiding his chosen career path during a summer internship after his second year of law school at Stetson University.

“I fell in love with the practice,” Miller said. “He had super interesting cases, and he was always busy, busy, busy. When you clerk for a firm, a lot of what you’re doing is figuring out what you don’t want to do. I was able to check a lot of things off the list. When I started working with Bob, I realized that was the area in which I wanted to practice.”

Miller regularly defends municipal and government clients at the trial and appellate levels, with matters ranging from business and employment disputes to personal injury. That includes representing employers facing OSHA inspections or investigations.

He holds the highest (AV-Preeminent) rating from MartindaleHubbell and has been recognized seven times by Florida Super Lawyers magazine as a “Rising Star” in civil litigation defense.

In 2012, he received the James A. Dixon Young Lawyer of the Year Award, given annually to a young lawyer who exceeds the standards of excellence, dedication and commitment to the Florida Defense Lawyers Association and its goals.

Miller is also a past board member for the Florida Defense Lawyers Association, a member of the Fort Myers YMCA Advisory Board, Foundation for Lee County Public Schools Board of Directors, and a past chair of the Child Care of Southwest Florida Board of Directors.

A Buffet of Options Nearly five years after the global pandemic, remote and hybrid work options are here to stay. Video calls are ubiquitous – and Zoom depositions, client meetings and other court proceedings are also a byproduct of social distancing.

Those conveniences come at a cost, though. As Miller notes, “Ever since COVID, local voluntary bar associations like ours have seen a pretty sharp decline in engagement. Attorneys are joining bar associations with much less frequency. They’re not coming to meetings because everybody’s used to virtual now.”

That’s why Miller’s focus in his one-year term will remain squarely on boosting engagement. He compares the opportunities to a buffet – plenty of choices, with opportunities to individualize your selections based on interests, time commitments and other personal considerations.

“The Lee County Bar Association is the only professional legal organization with its sole mission to help Lee County. So it’s hugely important that we have a robust Bar Association. My goal is, very simply, to get more lawyers engaged in the bar in some form or fashion. Maybe it’s coming to meetings, maybe it’s joining one of our committees or attending one of our continuing education programs. Maybe it’s volunteering for the lawyer referral service. It doesn’t matter how they get involved.

We just want to see more involvement and more engagement.

“Engagement doesn’t mean you have to go to every meeting, or you have to be a big sponsor every year,” he added. “You can serve on one of our committees and volunteer for the mock trial competition. You can coach a team of students at a local high school. There are so many different ways that you can get involved in our association – there’s really something for everybody.

“We'll take your time, talent and treasure in any way possible, and we will find a way to use it to the benefit of the Association as a whole.”

Hometown Connections A Pine Island native, Miller, 44, grew up with a deep appreciation of education honed by his parents, both career teachers for more than 50 years, primarily in Lee County schools.

ENGAGE

Encouragement from LCBA Leaders The growth and accomplishments of the LCBA have truly been amazing.

In the 1980s, Res Gestae was typed on one 8x11 sheet of paper by the legal secretary of the current President. There were maybe 100 members at that time. The LCBA has nearly 1,000 members now and provides more services to the members and community than ever before! It is a great time to be a lawyer in Lee County.

–Steve Koeppel, LCBA Past President Engagement is what makes the world go round, truly! It is no surprise that John chose this as his theme, as John himself (and his wife) are very engaged in the legal community as well as in their family and the local community!

In the world of Voluntary Bar Associations, we engage with lawyers, sponsors, businesses and each other as a board. With John steering this initiative in 2025, we are more than confident that it will succeed! If you want to be more engaged, please reach out. We would love to have you!

–Laugh Baugh, LCBA Executive Director

After earning a bachelor’s degree in history from the University of Florida, Miller spent a year following in his folks’ footsteps, teaching high school algebra before settling on law school.

Miller now calls North Fort Myers home, along with his wife, Kayla Richmond, who practices family law and is a stockholder at Henderson Franklin, and their four children, ages seven months to 14 years old.

Outside of work, he enjoys running, camping and competing in triathlons – but he’s not chasing glory.

“It’s great for stress relief and a good way to clear your mind at the end of the day,” he says. “If I'm not working or with my kids, then you'll see me on the streets of Lee County, plodding along.”

JANUARY & FEBRUARY 2025 27

The Value of Engagement Thoughts from some of LCBA's Annual Sponsors

To quote the ‘immortal’ Chico Escuela from Saturday Night Live, the LCBA has been ‘berry, berry good’ to CopyLady. Our engagement with the LCBA, through attending the lunches, after-hours and weekend events, has helped our business grow. CopyLady has been actively engaged with the LCBA’s activities for 25 years.

I have had the privilege of engaging with LCBA as a member and as a sponsor.

Both experiences have proved invaluable from the standpoint of personal and professional relationship building!

– Andrea Pleimling Smith, Goldstein, Buckley, Cechman, Rice and Purtz

–Dan Detrick, CopyLady I am proud to be an annual sponsor of the LCBA. There is no better way to stay engaged in the legal community.

–Brian Riley, US Legal Support

On behalf of the entire team at Edison National Bank/Bank of the Islands, we are honored to be continued sponsors and supporters of the Lee County Bar Association and Foundation.

We are thankful for the personal and professional relationships we have with our local Bar, its members and affiliates, and the many opportunities to engage, inform and connect with them are invaluable.

– Greg Blurton, Edison National Bank 28 LEEBAR.ORG

The Lee County Bar Association offers attorneys and judges the opportunity to engage with each other on a professional and social basis. When I began practicingin Lee County almost 30 years ago, I was actively involved in the Young Lawyer’s Division, volunteering with the Holidays in January and at the Calusa Nature Center Haunted Walk. Today, I continue to engage with members of the LCBA at the monthly membership meetings, annual gala, holiday socials and barbeques. I have always enjoyed my time spent with the other members of the Lee County Bar Association.

Being an active member and annual sponsor of the Lee County Bar Association has allowed me to network with the best and brightest legal minds in Lee County. I always have someone I can email or call for any type of legal matter or issue that my clients encounter. Serving as a board member and as a former YLD president has provided me with a great understanding of how the LCBA and its members not only serve the legal community, but the Southwest Florida community at large.

– Randall L. Spivey, Spivey Law Firm, Personal Injury Attorneys, P.A.

I am proud of the work the association and foundation do throughout each and every year for our community.

Volunteering, donating and sponsoring allows me to engage with my local bar community and the Southwest Florida community, too. There are a lot of great people and organizations here locally, fighting the good fight. I am honored to give back by being active and engaged with the LCBA.

My decision to step up my involvement with the Lee County Bar Association was a great decision for me personally and, of course, for my practice. The networking opportunities with other legal professionals and referral partners are excellent, but more importantly, you are able to really get to know your fellow attorneys and judges in a casual environment. In our increasingly virtual/Zoom world, participation in LCBA and their excellent in-person events is more important now than ever!

As lawyers in our community, it is our duty to be active, engaged and involved for the betterment of our community.

We have to “be the light” to our community, and the LCBA allows ample opportunity to get involved to make a difference. If you haven’t been engaged as much as you’d like, I challenge all active members to answer the call in 2025. Let's go!

–Leland Garvin, Garvin Injury Law

–Casey Gartland, Garvin Injury Law Firm

Over the last several years, our engagement with LCBA has been incredibly valuable. It has allowed us to strengthen our existing relationships and cultivate new ones in the Southwest Florida legal community. The connection with the association has helped raise our visibility within the legal community, positioning us as a trusted partner for law firms and individual attorneys. This collaboration has not only strengthened our business relationships but has also opened up new opportunities for growth within a key industry sector. It’s a win-win for us and the community we serve.

Dal Lago Law’s partnership with LCBA over the past few years has been immensely rewarding. It has enabled us to deepen existing relationships while building new ones within the Southwest Florida legal community. This connection has significantly enhanced our visibility, establishing us as a trusted resource for law firms and attorneys alike. Through this collaboration, we’ve not only solidified our business relationships but also unlocked exciting growth opportunities in a vital industry sector.

It’s a mutually beneficial relationship that strengthens both our organization and the community we proudly serve.

– Amy McQuagge, Sanibel Captiva Community Bank

–Mike Dal Lago, Dal Lago Law

Business engagement for me is a connection, like-mindedness and willingness for two entities to work together for betterment. My engagement with the LCBA is very simple. It’s Everwell Financial working in tandem with LCBA members for the benefit of those that they serve and work with. By more like-minded professionals working together, the association can only improve, grow and prosper. A strong LCBA puts the rights of Lee County citizens in a very strong position when it comes to their legal rights and representation. Everwell Financial is proud to be a part of that.

–Danielle Lucht, Everwell Financial JANUARY & FEBRUARY 2025 29

30 LEEBAR.ORG

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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.

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JANUARY & FEBRUARY 2025 31

YOUNG LAWYERS DIVISION

By Gabriel Arbois, Esq.

THE YLD YEAR AT A GLANCE The Young Lawyers Division (YLD) of the Lee County Bar Association (LCBA) is dedicated to fostering professional growth, networking, and community engagement among young attorneys in the region. As we commence this new year, the YLD has curated a series of events aimed at enhancing legal skills, promoting collegiality, and serving the community.

JANUARY

An associate in Hahn Loeser’s litigation practice area, Gabriel Arbois represents clients in complex commercial litigation.

He is involved in cases through all stages of litigation, including legal research and drafting pleadings, motions and discovery. Gabriel graduated cum laude from Florida International University College of Law. He previously worked for one of Florida’s largest civil defense firms and clerked for the Honorable Judge Migna Sanchez-Llorens in the 11th Judicial Circuit of Florida.

32 LEEBAR.ORG

LCBA Annual Swearing-in Ceremony This year kicks off with members attending the LCBA Annual Swearing-in Ceremony. While this is not a YLD-specific event, this is a great opportunity to support our bar leadership and connect with fellow attorneys. Incoming LCBA president, John Miller, III, Esq., as well as our accomplished Practice Section and Committee chairs, will be sworn in to their new roles. Come join the YLD in celebrating and supporting our new leadership for 2025.

MARCH

Shrimp Boil & Wills for Heroes March brings two major events. The month starts with the always-popular Shrimp Boil, a relaxed gathering that encourages networking in a fun, outdoor setting. Later in the month, YLD members will participate in the “Wills for Heroes” program, drafting wills and other essential estate planning documents, free of charge, for active and retired veterans, reservists, police officers, firefighters, EMTs/ first responders and their families.

APRIL

Law in the Mall & CLE on Federal Courtroom Procedure April will focus on outreach and education.

The “Law in the Mall” event provides free legal consultations to the public, while a joint lunch CLE with the Federal Bar will focus on courtroom procedure, offering invaluable practical tips for young attorneys. The “Law in the Mall” event has been an LCBA community service program since 1983, with member attorneys gathering by the dozens to offers free, 20-minute “self-help” legal clinics for those most in need of legal services.

JUNE

NOVEMBER

Burritos with the Bench June will bring the Burritos with the Bench event, a YLD and LCBA summer staple. Members can look forward to an exclusive chambers lunch gathering, providing young attorneys a chance to connect with judges in a relaxed setting. Over burritos and salsa, participants have the opportunity engage in an open dialogue with members of the judiciary, ask questions about courtroom practices, and gain insights into judicial expectations.

It is a popular event designed to break down barriers, promote collegiality within our legal community, foster mentorship, and strengthen relationships between the bench and the bar.

JULY & AUGUST

Young Lawyer Mini Golf Tournament and More Community Outreach November features the highly anticipated mini golf battle between the Lee County Bar Association Young Lawyers Division versus the Collier County Bar Association Young Lawyers Section. It is sure to be a fun time strengthen ties with our neighboring bar association in a relaxed and entertaining atmosphere. Participants will compete to claim a grand prize while enjoying food, drinks, and unlimited games! The YLD will also continue its community service this month with an outreach event at a local food pantry.

DECEMBER

Holiday Party

Junk Food with Judges and Community Outreach In July, the YLD turns its attention to community service with an outreach event at a local animal shelter. Members can lend a helping hand while supporting a great cause. August brings another opportunity for members to meet with judges, this time over an assortment of favorite snacks. This laid-back event fosters open communication between the bench and the bar while enjoying a spread of fun, indulgent snacks, like chips, candy, cookies, and soda.

The year wraps up with the annual LCBA and YLD Holiday Party, a festive celebration of the accomplishments of the past year.

The party features delicious food and beverages, music, a variety of holiday-themed activities, as well as a charitable component.

Come embrace the spirit of the season, celebrate the successes of our bar, and contribute to the broader community.

The LCBA YLD’s 2025 calendar offers something for everyone, from professional development and networking to service and celebration. Don’t miss out on these incredible opportunities to grow, connect, and make a difference. Stay updated by visiting the LCBA YLD website and social media pages!

A FULL-SERVICE LAW FIRM WORKING WITH SOUTHWEST FLORIDA’S LEGAL COMMUNITY SINCE 1924

With Sensitive Legal Malpractice Claims and Grievance Matters, We Are the “Lawyer’s Lawyers.”

HENDERSON FRANKLIN’S EXPERIENCE IN THE LEGAL MALPRACTICE DEFENSE FIELD enables us to confidently and competently defend Florida lawyers exposed to liability claims and disciplinary matters, including: • Professional Negligence • Breach of Fiduciary Duty

• Grievance Committee Hearings

• Conflict of Interest

• Referee proceedings

• Fraud

• Mediations of disciplinary proceedings

• Florida Bar Complaint Responses

Michael J. Corso Board Certified by both The Florida Bar and the National Board of Trial Advocacy in Civil Trial Law and Business Litigation

Geraldo F. (Jerry) Olivo, III

Madison A. Tanner

Michael P. Versnik

henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Naples Recognized in 2025 by Best Law Firms©

Where Tradition Meets the Future.

®

©2025 Henderson Franklin Starnes & Holt, P.A.

JANUARY & FEBRUARY 2025 33

Good People Do Retire

Phyllis Riggs It is with a blend of joy and nostalgia that we announce the retirement of our esteemed legal assistant, Phyllis Riggs, from the Law Firm of Scott T. Moorey. After 25 years of dedicated service and unwavering commitment, Phyllis is set to embark on a new chapter in her life.

Throughout her career, Phyllis has been an invaluable asset to our firm, providing exceptional support in case preparation, client communications, and administrative tasks while ensuring the smooth operation of our daily activities.

Phyllis has worn many hats within our legal community. She began her career as a court runner at the age of 18 and quickly progressed to become a judicial assistant, ultimately serving as Scott T. Moorey’s personal legal assistant.

For many years, Phyllis was a remarkable one-person powerhouse. Her meticulous attention to detail, unwavering professionalism, and steadfast commitment have been crucial to the success of our firm. As a mentor to every staff member at the Law Firm of Scott T. Moorey, she has made a lasting impact on us all.

Phyllis has been a cornerstone of our firm, leaving an indelible mark on everyone who has had the pleasure of working with her. We extend our heartfelt congratulations and best wishes to Phyllis as she enters this exciting new phase of her life.

Law Firm of Scott T. Moorey Good People Do Get Arrested.com 34 LEEBAR.ORG

THINGS YOU DON'T KNOW ABOUT ME

1. I was born and raised in Fort Myers in the Dunbar community. The decision to practice law in Fort Myers is the best professional decision that I could have made, because I get to represent and serve the people of my hometown community. Even though I have the pleasure of representing many clients that I have not previously met, it is very special and satisfying to help lifelong friends during their times of need.

2. I have several family photos that sit on my desk and throughout my office. These are photos of my parents, wife, children and grandchildren. I keep these photos near me as my foundation and as my constant motivation.

3. My wife and I enjoy traveling as our favorite hobby. We enjoy seeing different parts of the country and the world. We particularly enjoy experiencing foods that are different than what we normally eat. In the U.S., some of the best food is in New Orleans. In the world, some of the best food is in Dubai.

4. My son and I have attended several NCAA Final Fours during March Madness. We believe the Final Four is the most exciting and the most competitive of all sporting events on earth. During the Final Four Weekend, we get the chance to watch great basketball and to meet people with a common interest from all over the country.

5. I have two favorite holidays: Easter and Thanksgiving. Being a religious person, I particularly enjoy these two holidays because of the reminder of the sacrifice that paved the way for us to be here, and the reminder that we all have so much for which to be thankful.

u JOE NORTH

MEMBER SPOTLIGHT

THE JOE NORTH WAY In November 2024, the City of Fort Myers recognized attorney Joe North with an honorary and historic street name dedication within the Dunbar community where the North Law Firm leader was raised – formerly known as Barden Street. Located at the heart of the Dunbar community in his childhood neighborhood, the street bore witness to North’s early years.

Today, The North Law Firm, P.A. has been serving Southwest Florida for over 30 years. The honorary “Joe North Way” will commemorate the attorney, who is known for his legal skills and philanthropy – especially in the Dunbar community. He was also named one of Gulfshore Life’s Men of the Year in 2024.

JANUARY & FEBRUARY 2025 35

COMMUNITY CONNECTION

Elevating Education in Lee County The Foundation for Lee County Public Schools is a non-profit, 501(c)(3), charitable education foundation, which enhances and enriches the quality of public education in Lee County for students and educators.

The Foundation’s programs, resources and experiences are made possible through corporate, individual and educational partnerships.

Since 1986, the mission of the Foundation has been to enhance the quality of public education in Lee County by increasing community involvement in, and support for, Lee County Public Schools. A diverse group of local business and community leaders realized that the cornerstone of an economically strong community was a quality public education system.

Scholarship Funding

Provide School Supplies

Critical Program Funding

The purpose of every initiative of The Foundation for Lee County Public Schools is to enhance and enrich the quality of public education in Lee County for students and educators. Programs are designed to support students’ unique learning opportunities while also recognizing and encouraging teachers in their dedicated efforts.

Thank You, Sponsors!

The success achieved so far in enhancing and enriching the public school experience for Lee County students and teachers is directly attributable to the Foundation’s supporters. The Foundation has generated more than $35 million dollars through donations to further public education in our Lee County Public Schools over the past 38 years!

Education Resource Center Funding

Support Mentorship Programs

LeeSchoolFoundation.org | (239) 337-0433 36 LEEBAR.ORG

Volunteer Opportunities

JUDICIAL SPOTLIGHT

Thank You

to Our 2025 Foundation Contributors!

Jane Abaravich, Esq.

Vee Leonard, Esq.

Andrew Abel, Esq.

Drew Lipscher, Esq.

Robert Adamski, Esq.

Donna Lugar, Esq.

John Agnew, Esq.

Joseph Madden, Esq.

Louis D’Agostino, Esq.

Ian Mann, Esq.

Jeremiah Ambabo, Esq.

Dawn Maselli, Esq.

Elizabeth Bentley, Esq.

TJ McCann, Esq.

Vera Bergermann, Esq.

Eve McClurg, Esq.

Brooke Blackman, Esq.

Garrett McIntyre, Esq.

Suzanne Boy, Esq.

Lance McKinney, Esq.

Donald Boyd, Esq.

Margaret McMorrow, Esq.

Aaron O’Brien, Esq.

Jason Mikes, Esq.

Heidi Brown, Esq.

Mark Miller, Esq.

Robert Burandt, Esq.

Elaine Minnis, Esq.

Mark Casassa, Esq.

William “Scott” Morris, Esq.

Kati Cook, Esq.

John Noland, Esq.

Timothy Culhane, Esq.

Andre Patrone, Esq.

Hon. Hugh D. Hayes

John Potanovic, Esq.

Dan Dalesandro, Esq.

Caleb Pringle, Esq.

Donald Day, Esq.

Lee Rendeiro, Esq.

Lauren Drasites, Esq.

Collette Rodgers, Esq.

Gordon Duncan, Esq.

Kara Rogers, Esq.

Harold Eskin, Esq.

Ben Russell, Esq.

Eric Feichthaler, Esq.

Alvaro Sanchez, Esq.

Chris Frohlich, Esq.

Bruce Scheiner, Esq.

L. Gail Markham

PJ Scheiner, Esq.

James Goetz, Esq.

Alexis Sitka, Esq.

Brian Greenberg, Esq.

Vicki Sproat, Esq.

Jesse Gubernat, Esq.

Dan Stengle, Esq.

Robert Harris, Esq.

William Stockman, Esq.

Simon Harrison, Esq.

Brian Sutter, Esq.

David Holley, Esq.

Corbin Sutter, Esq.

Michael Hornung, Esq.

Britton Swank, Esq.

John Miller, III, Esq.

Dr. Frank Talty, Esq.

Wes Jacobs, Esq.

Dr. Patty Talty, Esq.

Kara Jursinksi, Esq.

T. Rankin Terry, Esq.

Christopher Kagan, Esq.

Aisha Cruz Tirado, Esq.

Elizabeth Kagan, Esq.

Curtight Truitt, Esq.

Ronnie Lamm, Esq.

Benjamin Yormack, Esq.

THINGS YOU DON'T KNOW ABOUT ME

u The Honorable Christopher Whitney 1. My greatest professional accomplishment so far is being appointed as a general magistrate for the 20th Judicial Circuit.

It is an honor to be able to serve my community, and I take that responsibility very seriously. Every day I am in court, I work to ensure that the litigants in my courtroom are treated with professionalism and courtesy.

2. As a lifelong Star Wars fan, I have a small statue of Yoda that I keep to remind myself to ask, “What would Yoda do?” He reminds me to be calm and patient. Despite his small size, he wielded great powers. I try to always remember that when ruling on family matters, a small action can grow to have a large effect in a child’s life.

3. I originally came to Fort Myers when I was offered a job with the Public Defender’s office in 2004. What I love most is the sense of community living here, despite how much the Southwest Florida area has grown in the past 20 years.

4. My wife and I are avid readers, and we started a family tradition of exchanging a book with each other on Christmas Eve. It’s a fun way of sharing our favorite books with our family.

5. I am a huge Thanksgiving fan. Every year, we wake up to watch the Macy’s Thanksgiving Day Parade on television, usually followed by the National Dog Show.

Besides having a traditional Thanksgiving dinner, we usually have no less than three pies to choose from for dessert. One year, we had six different pies.

JANUARY & FEBRUARY 2025 37

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

Sheldon E. Finman, P.A.

Law Offices of Scott T. Moorey

Simmons & Cook, PLLC

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.

38 LEEBAR.ORG

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

Sheppard Law Firm Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn, Persons-Mulicka & Fisher, P.L. School District of Lee County Viles & Beckman, LLC Wilbur Smith, LLC Yeslow, Koeppel & Anderson

Scott T. Moorey

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

JANUARY & FEBRUARY 2025 39

IN THE NEWS FORE! The Lee County Bar Association’s Young Lawyers Division recently met up with Collier County’s division for two rounds of a cross-border, mini-golf showdown. Round one went to the Lee County team, followed by a resounding win by the LCBA Division in the second match-up. Ultimately, thanks to the ample opportunity to engage in networking, an easy camaraderie grew amongst attorneys with each successive round – so in a way, everyone wins!

YLD COMMUNITY AID PROJECT Young lawyers turned out in force to show their support for Lee County residents by participating in the LCBA YLD Community Aid Project held on Friday, November 8. The team helped Community Cooperative by handing out food to those who stopped by the mobile food bank located at North Fort Myers Regional Park. To close out the service day, the group bonded over mouthwatering barbecue provided by Smokin’ Pit Bar-B-Que of North Fort Myers.

A FAMILY-ORIENTED MIXER LCBA's Family Law Practice Section recently hosted a fun CLE and Year-End Social as a combined event. The Honorable Kyle Cohen shared how he went from an AUSA to a judge, with a comedic take on his journey. Immediately following, attendees celebrated the end of another great year for the section, recognizing the Honorable Lee Schreiber for her work on the Family Law Bench and bidding her a happy retirement. The LCBA thanks Stephanie Prado, of Cooper and Kin Mediation Services, for sponsoring this practice section event.

DEMINE GIVES BACK Last year, the team at DeMine Immigration Firm recently partnered with Community Cooperative for its annual volunteer day, held in November. Led by attorney Indera DeMine, team members Kimberly, Claudia, Darling, Krystal and Alexandria prepared meals to support those in need of a warm meal during the Thanksgiving season. This is the firm’s fourth year demonstrating its appreciation for Community Cooperative’s incredible work and its mission to serve vulnerable residents of Lee County.

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NEW TO HENDERSON & FRANKLIN Henderson, Franklin, Starnes & Holt, P.A. welcomed several new team members as 2024 drew to a close. Margaret Karakashian joined the firm’s business and tax planning department. Practicing in the firm’s Fort Myers and Naples offices, her primary focus is helping business owners navigate the complexities of the business lifecycle.

Haylee Blessing joined the firm as an associate in the Estate and Trust Planning Department. Based out of the firm’s Bonita Springs’ office, she brings a strong academic background and a passion for helping clients navigate estate planning matters.

Kelly Tackett joined the firm as an associate in the Business Litigation Department. Her experience during Henderson Franklin’s Summer Associate Program included working on cases involving employment law, breach of contract disputes and real estate litigation.

NOW OPEN! BRUCE GREEN LAW FIRM Veteran Fort Myers attorney Bruce Green, who specializes in corporate law, business and estate planning and wealth management, is hanging his own shingle after more than 40 years of legal practice. The Bruce Green Law Firm focuses on business, tax and estate planning law, as well as probate and trust administration and wealth preservation, serving clients across the state and county, including Fort Myers, Sanibel and Captiva, Bonita Springs and Estero. Green is a Florida board-certified tax lawyer and holds the highest rating (AV Preeminent) from Martindale-Hubbell.

CERTIFIED STERLING Ita Neymotin has received certification as a Sterling Council Examiner. The certification process builds upon the curriculum of the Black Belt Certification and involves approximately 40 hours of additional training and assessment. Governor Rick Scott appointed Neymotin, who was born in Kazakhstan in Central Asia, to the Office of Criminal Conflict & Civil Regional Counsel, Second District Court of Appeal, in 2011. This made her the youngest attorney and the first female appointed in the State of Florida as Regional Counsel.

JANUARY & FEBRUARY 2025 41

IN THE NEWS PUOPOLO SERVES AS SWFBPA PRESIDENT Shannon Puopolo, a stockholder at Henderson, Franklin, Starnes & Holt, P.A, was sworn in as president of the Southwest Florida Bankruptcy Professionals Association (SWFBPA) at its 12th Annual Alexander L. Paskay Memorial Dinner in November 2024. The organization provides invaluable opportunities for education, collaboration and professional growth among bankruptcy practitioners.

Puopolo focuses her practice in bankruptcy, creditor’s rights and business litigation. Her election as president is a significant milestone in her distinguished career, reflecting her dedication to the profession and her leadership within the Southwest Florida legal community.

FISHER JOINS PAVESE LAW FIRM Pavese Law Firm recently welcomed attorney Brooke Fisher, of counsel, to the team. Brooke’s law practice focuses on representing community associations as general counsel. She helps communities with governing document interpretation and revisions, covenant enforcement, collection matters, lien foreclosures and handling vendor contracts. Her experience also includes civil litigation, focusing on real estate and community association litigation.

Brooke has been practicing law in Florida for 19 years. She is a “double gator,” having attended the University of Florida to obtain both her undergraduate and law school degrees.

ENGLISH LANDS EPA APPOINTMENT Katherine English of Pavese Law Firm has been appointed by United States Environmental Protection Agency (EPA) to serve as a member of the agency’s Farm, Ranch and Rural Communities Advisory Committee (FRRCC) for a two-year term. FRRCC members provide policy advice, information, and recommendations to the U.S. EPA Administrator on environmental issues and policies that are of importance to agriculture and rural communities.

English is a partner at Pavese Law Firm in Fort Myers and a member of one of Florida’s legacy farming families. Her law practice concentrates on agricultural, environmental and land use law with an emphasis on seeking and protecting entitlements for larger properties to maintain value and productivity. She has experience working with companies involved in farming and land development.

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A VERY RPPTL HOLIDAY The Real Property Probate Trust Law (RPPTL) section of the Lee County Bar Association (LCBA) gathered recently for its annual holiday party, hosted by The Sanibel Captiva Trust Company. Dozens of LCBA members and Trust Company staff enjoyed refreshments and hors d’oeuvres at the recently opened Bell Tower office in Fort Myers.

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1. Susan Larned, Monica Johnson, Kristianna Soto 2. Anne Dalton, Alexandra Kleinfeldt

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3. Carolyn Rogers, Jodi Schwartzel, Mary Vlasak Snell 4. Ginny Cabai, Aggie Van den bergh, Ann Pankow, Jason Chiklakis, Joe Cuffel 5. Hon. Kimberly Bocelli, Robbie Merriman, Kenny Kemp II 6. Lowell Schoenfeld, Carolyn Rogers 7. Beth Weigel, Kendall Luthringer 8. Alexandra Hilton, Danielle Menendez, Alex Menendez 9. Adrian Lynn, Veronica Batt 10. Heidi Brown, Paul Harris 11. Julie Moore, Luke Johnson, John Costello

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The Sanibel Captiva Trust Company JANUARY & FEBRUARY 2025 43

IN THE NEWS

OPEN TO HELP OUR COMMUNITY Florida Rural Legal Services (FRLS), a nonprofit law firm provides free legal services to low-income and vulnerable residents in urban and rural communities in South and Central Florida, marked the opening of its new office in Fort Myers on Friday, October 25, with a festive ribbon cutting and pro bono recognition event.

Participants enjoyed a complimentary light lunch while networking with representatives from the Lee County Sheriff’s Office, Lee County Clerk of the Circuit Court & Comptroller, Lee Health and the Greater Fort Myers Chamber of Commerce.

During the event, FRLS recognized Lauren Baugh, LCBA’s own executive director, for her significant pro bono efforts. Her work has expanded access to justice for the region’s most vulnerable residents, showcasing the transformative power of legal assistance. “Lauren's unwavering commitment to service reflects the values that drive us at FRLS,” Dennis said. “Her work not only changes lives but also strengthens our entire community.”

Beyond her role at the LCBA, Baugh leads the nonprofit “Shoes, Socks, Shirts & Smiles,” which provides essential support to the region's homeless population.

The day also featured a client testimonial, allowing attendees to hear a powerful story from an individual who has benefited from FRLS's free legal services. This personal touch highlighted the real-world impact of the organization’s work.

SHARE YOUR NEWS! 44 LEEBAR.ORG

If you have legal news to share, we want to hear from you! Please send press releases to RGEditor@ PriorityMarketing.com.

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THANK YOU TO OUR LCBA SPONSORS Want to see your firm or business on this list?

Contact Lauren Baugh at LBaugh@LeeBar.org or (239) 334-0047.

PLATINUM

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LCBA Mental Health & Wellness Mission

LCBA Mental Health & Wellness Mission What is the LCBA Mental Health & Wellness Mission?

What is the LCBA Mental Health & Wellness Mission?

A program that will provide six (6) free CONFIDENTIAL therapy sessions to ANY and ALL active Florida Bar attorneys practicing in Lee County, and the opportunity to talk to a network of Lee Health trained, peer-to-peer liaisons.

A program that will provide six (6) free CONFIDENTIAL therapy sessions to ANY and

Who are the Doctors?

talk to a network of Lee Health trained, peer-to-peer liaisons.

ALL active Florida Bar attorneys practicing in Lee County, and the opportunity to

Donations Needed!

Help us, help YOUR community!

By donating YOU are helping to get this vital program off the ground AND running!

Interested in learning more, or getting more involved?

Get in touch with our Mission Co-Chairs, we are here to help!

Sponsorship Opportunities Dr. Steven Cohen

Dr. Laura Streyffeler

Who are the Co-Chairs?

Diamond- $10,000: 10 Attorneys/60 Sessions Platinum- $8,000: 8 Attorneys/48 Sessions Gold- $4,000: 4 Attorneys/24 Sessions Silver- $2,000: 2 Attorneys/12 Sessions Bronze- $1,000: 1 Attorney/6 Sessions Pearl- $350: 2 Sessions

*ANY DONATION OF ANY DOLLAR AMOUNT WILL BE ACCEPTED!

Want more Information?

Lauren Baugh / LBaugh@leebar.org

Holly Cosby, Esq.

Dawn Maselli, Esq.

Holly Cosby / Holly@cosbylaw.com

Dawn Maselli / DDJ@blslawyers.com

!

RE E H ate n Do

LCBA Mental Health & Wellness Mission PRESENTS: Attorney Peer-to-Peer Support Group

LCBA Mental Health & Wellness Mission PRESENTS: Attorney Peer-to-Peer Support Group

Part of our LCBA Mental Health and Wellness Mission is to offer an “Attorney Peer-to-Peer Support Group”, where we can gather in a safe and non-judgmental space, share experience, strength and hope, while discussing solutions instead of problems.

Our hope is that you will find: serenity, support and fellowship at these meetings!

We have set guidelines for this group, which are posted on our LCBA website: https://bit.ly/LCBAMHWM

Part of our LCBA Mental Health and Wellness Mission is to offer an “Attorney Peer-to-Peer Support Group”, where we can gather in a safe and non-judgmental space, share experience, strength and hope, while discussing solutions instead of problems.

Our hope is that you will find: serenity, support and fellowship at these meetings!

We have set guidelines for this group, which are posted on our LCBA website: https://bit.ly/LCBAMHWM

Meeting Information: When: 2nd Wednesday of each Month Time: 6pm to 7pm Where: Law Office of Holly E. Cosby 602 Center Road, Fort Myers, FL 33907 Want more Information?

Lauren Baugh / LBaugh@leebar.org Holly Cosby / Holly@cosbylaw.com Dawn Maselli / DDJ@blslawyers.com

48 LEEBAR.ORG

Donate HERE!

Meeting Information: When: 2nd Wednesday of each Month Time: 6pm to 7pm Where: Law Office of Holly E. Cosby 602 Center Road, Fort Myers, FL 33907 Want more Information?

Lauren Baugh / LBaugh@leebar.org Holly Cosby / Holly@cosbylaw.com Dawn Maselli / DDJ@blslawyers.com

Donate HERE!

DONOR LISTING MENTAL HEALTH & WELLNESS MISSION Thank You, Mental Health and Wellness Mission Sponsors

DIAMOND SPONSOR - $10,000

SILVER SPONSORS GOLD - $2,000 Holly Cosby, Esq. | Honorable Kathy Smith

GOLD - $1,000 BRONZE SPONSORS

Robert Bowen, Esq. | Holly Cosby, Esq. | Joseph North, Esq.

GOLD

PEARL SPONSORS - $350

Honorable Kathy Smith | Karla Campos-Anderson, Esq. | Judge Joseph Foster

INDIVIDUAL MHWM CONTRIBUTORS GOLD Michael Corso, Esq. | T. Rankin Terry, Esq. | Steven Spence, Esq. Shelly Finman, Esq. | William Stockman, Esq. JANUARY & FEBRUARY 2025 49

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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

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