Res Gestae - March 2013

RES GESTAE

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

Young Lawyers Division

MARCH 2013

Provides Support & Outreach

Health & Wellness Special Edition SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

Prime Commercial real estate Next to Courthouse for rent A

B

Formerly Musca Law

Formerly Edison’s Lunch Box

3 interior offices, ideal for individual attorneys or one firm; immediately next to courthouse, with more than enough parking!!!

Ideal for office space or restaurant, With more than enough parking!!!

C

Court House C

B A

Formerly Second Street Deli Immediately next to court house.

Ideal for office space or restaurant.

Call Tami Russell for further details:

(239)

687-5035 RES GESTAE | MARCH

2013

3

Contents 6

Letter from the President

8

Letter from the Editor

by Mary C. Evans, Esq.

by Nanci DuBois

10 A Growing Process

Young Lawyers Division Provides Support & Outreach

10

by Sara Fitzpatrick Comito

13 Dean Milhizer’s Side Bar

The Morality and Legality of the HHS Mandate and the “Accommodation”

by Dean Eugene R. Milhizer

the Bench 18 On Hon. Elisabeth Adams

by Sara Fitzpatrick Comito

the Bar 19 From Mark Christopher Menser, Esq.

13

by Sara Fitzpatrick Comito

21 How to be Healthy in a Hectic Environment

by Lora Ulrich

Gluten got to do with it?

22 What’s

by Terry Foster

23

24 24 26

4

RES GESTAE | MARCH

2013

staff box Publisher Connie Ramos-Williams 239.690.9840 Executive Editor Nanci DuBois 239.334.0047 Associate Editor Sara Fitzpatrick Comito Layout and Design Kat Godina Advertising Director Linda Fiore 239.690.9840 Contributing Writers Sara Fitzpatrick Comito Nanci DuBois Mary C. Evans, Esq. Terry Foster John Grey Dean Eugene R. Milhizer Lora Ulrich Billing Inquiries 239.334.0047

Res Gestae is published monthly by Conric Publishing in partnership with Lee County Bar Association.

Being Robbed by Your Own All editorial, advertising and photos “Out-of-Pocket” Insurance may be submitted for consideration Expenses? through email to: resgestae@leebar.

by John Grey org.

We make every effort to ensure the accuracy of the information The Dish published, but cannot be held Gwendolyn’s Cafe responsible for any consequences

by Sara Fitzpatrick Comito arising from omissions or errors.

Opinions expressed by our writers and advertisers are not necessarily Social Scene opinions shared by the LCBA, Res Gestae, or CONRIC Publishing.

Briefs 30 Legal News and Happenings

26

239.334.0047 resgestae@leebar.org

44 Calendar of Events

ON THE COVER: Attorneys Robert Anderson, Jr., John Miller, Shannon Puopolo and Thomas Coleman, Officers of the Young Lawyers Division of the LCBA.

45 100 Club Members

Cover Photo: Photograph by Jim Jett Photography

• • • • • • • • • • • • •

PERSONAL INJURY WRONGFUL DEATH

Automobile Accidents Motorcycle Accidents Truck Accidents Victims of Drunk Drivers Slip & Fall Accidents Paralysis / Brain Injuries ATV Accidents Defective Products Unsafe Vehicles Roll-Over Crashes Swimming / Boating Accidents Pedestrian / Bicycle Accidents Accidents Due To Tire Failures

Randall Spivey is Board Certified by the Florida Bar in Civil Trial Law

Lee County

Charlotte County

239-337-7483

941-764-7748

239-793-7748

888-477-4839

Collier County

Toll Free

www.SpiveyLaw.com

RES GESTAE | MARCH

2013

5

Note from the President Lee County Bar Association administrative team I’ve come to a decision. Litigation stinks.

I could end my column here and still have made my point, but please continue...

I practice family law: divorces, custody, domestic violence actions, and Baby Mama dramas. In fact, so many family law cases involve drama that I am refreshingly surprised when a case comes along where there is none. But, it isn’t just the interpersonal drama that leads me to my latest decision, it’s the stress of being in court – especially when the client can’t answer a simple stinkin’ question! It never fails! Even after I have clearly defined the narrow scope of the hearing and the little time we will have. Imagine it: “Court will come to order, all rise.” (Here we go…can she do it?...) Ma’am, did you receive your full alimony payment in January? “No.” Do you know why the payment was short? “Yes.” (We’re off to a good start here! Two questions answered succinctly!) And what did your former husband say about it? (There is a pregnant pause…I hold my breath...still hopeful...)

“Well, several years ago, when we were both working, we owned a yellow car...” Three minutes later, just before my eyes glaze over, I must make a decision: Stop my client midsentence, or jump out the nearest window. I choose the former, BUT ONLY because I am afraid the distance between the fourth floor and the ground will not kill me, and probably will not even grotesquely maim me. The injustice of it all! To add insult to my imagined-injury, I now have little time to influence the judge’s decision, which could affect family relations for a lifetime.

Have you given any thought to how your actions affect people’s lives? Are you polite and civil to the opposing counsel? Are you courteous to the opposing party? Are you a respectful litigator? When we took that oath of entry into The Florida Bar, we promised to act according to a higher standard. We didn’t just swear to do a good job, we swore to be attorneys 24/7. We promised to represent The Florida Bar at all times and our ability to practice was, and is, a “conditional privilege” – so sayeth Rule 3-1.1 of The Rules Regulating The Florida Bar. Have you considered how your first contact with the opposing attorney might set the tone for your interaction with that office throughout the entire litigation, and beyond? Have you ever considered trying the ‘less is more’ approach to litigation? That is, try cooperating more, litigating less. Try offering more, demanding less. And, here’s a hard one: Try listening more, talking less. Think about it – we all have, or have had, at least one Case From Hell that taxed us physically, emotionally, and (probably) financially. Now think about that case’s opposite – the one where people acted respectfully, professionally, (dare I say…) kindly. Which case did you prefer? The practice of law can be extremely stressful. Litigation multiplies the stress exponentially, in degrees only determined by each of us subjectively. Why add to the stress? We all learned at an early age that if you are not part of the solution, you are part of the problem. A cliché, yes, I know, but, if the cliché fits… I challenge you to think outside the box and treat the “other side” in the manner you would like to be treated. Your relationships with opposing counsel will improve and you might even find yourself litigating less. Now THAT could be a sweet-smelling outcome. |RG| Mary C. Evans, Esq. mary@maryevanslawyer.com | (239) 226-1062

6

RES GESTAE | MARCH

2013

executive director Nanci G. DuBois executive assistant Lisa Poulin Lawyer Referral & Pro Bono coordinator Ghaylene Reyes

Executive Council President Mary C. Evans, Esq. Vice-President John D. Agnew, Esq. Secretary Anne Dalton, Esq. Treasurer Scott Atwood, Esq. Member-at-Large Kelly Fayer, Esq.

young lawyers division President John Miller, Esq.

Committees

History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education Scott Atwood, Esq. Law Week Hon. John S. Carlin Library Robert L. Donald, Esq. Mock Trial Renee Binns, Esq. Past President Karla Y. Campos-Andersen, Esq. Pro Bono Vanessa Cordero, Esq. and Katie Berkey, Esq. Marketing & PR Carlos Kelly, Esq. Social Events Kelly Fayer, Esq. & Amanda Mitteer-Bartley, Esq. technology Michael E. Chionopoulos, Esq.

practice section chairs

Alternative dispute resolution Anne Dalton, Esq. criminal law Keith Upson, Esq. Real Property, Probate & trust law Kenneth Kemp, Esq. General Civil & Business Litigation J. Jeffrey Rice Tort Litigation Preston John (PJ) Scheiner, Esq. Family Law Rana Holz, Esq. & Jo Ellen Kane, Esq. Land Use & Governmental Law Russell Schropp, Esq.

E R G ECONOMIC RECOVERY GROUP

Helping Florida Businesses and Professionals Navigate the new SettlementBP Program YourBPFlorida Claim

Referral Partner

A Business and Consumer Law Firm

ERG IS A STATEWIDE LAW FIRM REPRESENTING BUSINESSES AND PROFESSIONALS ALONG FLORIDA’S WESTrepresenting COAST WHO SUFFERED DIRECT and OR INDIRECT erg is ALL a statewide law firm businesses professionals ECONOMIC LOSSES AFTER THE APRIL 20, 2010 BP OIL SPILL. all along florida’s west coast who suffered direct or indirect economic losses after the april 20, 2010 bp oil spill.

The BP oil spill was a disaster, not only for Florida’s

environment, but also its economy. Now, after 2 years TheofBP spill wasthe a disaster, not onlyeconomic for Florida’s environment, litigation, broad, indirect impacts of on all Now, typesafter of businesses consumers butthis alsodisaster its economy.

2 years ofand litigation, the broad located in the zones shown thedisaster map, have indirect economic impacts ofon this onfinally all types of been acknowledged. businesses and consumers have finally been acknowledged.

Many west coast companies saw a more significant decline in their business in 2010 as compared to the rest of the Beginning June 4, 2012, under a new class action settlement, most country due to the trickle-down effects of the BP oil spill. businesses who suffered financial losses in 2010 are now eligible A new class action Settlement Program, that received final to make claims. The Settlement Program is broad in scope, and all Court approval on December 21, 2012, is now working to westprovide coast businesses andtoprofessionals should be recover. evaluated. financial relief help Florida businesses ERG is working in referral relationships with business, litigation, andclients consumer firms across the ERGcommercial is dedicated to helping wholaw wish to be evaluated.

We of Florida that have clients located Florida’s Gulf are State working in referral relationships with along business, commercial Coast.

All businesses should be evaluated, and ERG has the litigation, and consumer law firms across the State of Florida that resources to serve them. have clients located along Florida’s Gulf Coast. We look forward Henry “Hank” Didier

Jay M. Fisher

VISIT ERGLAWFIRM.COM visit erglawfirm.com

to helping you.

forMORE more information about how we HELPING are helping florida recover.

FOR INFORMATION ABOUT HOW WE ARE FLORIDA RECOVER.

SERVING FLORIDA’S WEST COAST | Offices: Tampa • St. Petersburg • Sarasota • Cape Coral • Ft. Myers • Naples • Orlando Direct Mail to: 1936 Lee Road, Suite 105 Winter Park, FL 32789 | Phone: (888) 270-6288 | info@ERGLawFirm.com

RES GESTAE | MARCH

2013

7

Letter from the Editor Ad Directory Do You Want More Business?

Lawyer Referral Service Needs You! We receive calls daily for attorneys practicing in almost all areas of law.

Attorneys are needed in the following areas of law: • Administrative Law: Disability, Educational Law, Employment Benefits, Florida Sales Tax, Licensing, Medicare/Medicaid, Public Utilities, School Law, Social Security, Unemployment, Veterans’ Rights, Welfare Problems • Civil Litigation: Ecclesiastical • Computer Law: Internet Law • Corporate/Business: Customs, Pension/Profit • Entertainment Sports: Music, Sports • Insurance Law: Auto, Disability, Health, PIP, Property, Subrogation • Tax Law: Corporate, Employment, Individual, Litigation, State/Federal • Securities: Arbitration, Litigation Recent Changes To The LCBA Lawyer Referral Service: 1. The Attorney keeps the first $500 from the client before the rebate to LCBA begins 2. There will no longer be an administrative fee charged to the client for contingency-based cases: medical malpractice, personal injury.

3. LRS now has a Spanish-fluent Coordinator to accept referrals from the Spanish-speaking community.

Connect with our Lawyer Referral Service Coordinator, Ghaylene Reyes, at lrs@leebar.org or apply online at www.leebar.org to drive more business your way today. |RG| RECEIVE A FREE LAWYER REFERRAL SERVICE TRIAL RUN UNTIL END OF MAY Become part of our Lawyer Referral Service for a FREE trial run until May 30, 2013. Starting June 1, 2013 a year’s membership will then be required at a discounted rate of $150 for LCBA members (nonmember rate is $450). Stipulations apply: Must be a member in good standing with the Florida Bar and the LCBA. Must provide proof of $100,000 Liability Insurance. Must provide LCBA 10% rebate after expenses and first $500 in attorneys fees are collected.

Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102

8

RES GESTAE | MARCH

2013

Allied Business Solutions 17 Aloia, Roland & Lubell, LLP IBC Any Lab Test NOW! 12 22 ARCpoint Labs Ave Maria School of Law 46 Barbara Pizzolato 32 43 Carefree Boat Club CONRIC PR & Marketing | Publishing 34 CopyLady 37 Dial-a-Nurse 18 Economic Recovery Group (ERG) 7 BC Edison National Bank Fiddlesticks Country Club 25 9 FineMark National Bank & Trust Fort Myers Court Reporting 19 Fowler White Boggs 16 18 Fried and Fried Garvin Law Firm 12 Global Investigative Group 19 Gray Robinson, P.A. 29 45 Henderson, Franklin, Starnes & Holt, P.A. Hodges University 16 Hotel Indigo 33 HSA Engineers and Scientists 35 38 Jason L. Gunter, P.A. J. Jeffrey Rice 35 15 Jay Buchanan Portrait Photographic Artist Kempton P. Logan 17 Kunkel, Miller, & Hament 34 Kunkel, Miller, & Hament 42 Kunkel, Miller, & Hament 43 Kushner & Kushner Attorneys 42 Law Firm of Scott T. Moorey 29 Lee County Solid Waste Division 40 Legal Aid Society 32 Levins & Associates, LLC 17 Lit & More 42 38 McHale Properties Merit Court Reporting, Inc.© 11 Musca Law Office, Inc. 2-3 Patterson, Eskin and Ball 22 31 Pavese Law Phoenix File & Pagidipati 28 Phoenix File & Pagidipati 32 Skinny Pantry 22 Spivey Law Firm, P.A. 5 The Livingston Firm 17 Thomas E. Moorey 29 Veranda Restaurant 25 Von Ahn & Associates 30 Waterford Executive Centre 12 XLR8 Body Transformation Institute 20

On. Course.

In matters of money, choosing a financial partner to guide you on your journey helps ensure you arrive successfully – right where you want to be.

At FineMark National Bank & Trust we are dedicated to our clients and we know the importance of building close personal relationships – because personalization is key to staying on course with your financial goals.

Choose FineMark. Make your mark.

Learn More

Fort Myers • Bonita Springs • Naples • Palm Beach • Scottsdale • www.finemarkbank.com • 239-461-5900 Member FDIC. An Equal Housing Lender

. Trust and Investment Services are not FDIC insured, are not guaranteed by the bank and may lose value.

A GROWING PROCESS YoungLawyersDivisionProvidesSupportandOutreach

by Sara Fitzpatrick Comito “Being a young lawyer is a growing process,” said John Miller Consider the annual Holidays in January event. This year, of Henderson, Franklin, Starnes & Holt, P.A. “You’re constantly past president Spencer Cordell was a jolly sight, donning a red learning new things and dealing with new experiences.” suit and beard and handing out donated gifts to area foster Being a member of the Young Lawyers Division of the Lee kids who otherwise might have missed out on such tidings of County Bar Association helps facilitate that growth process comfort and joy. The children had the run of the Imaginarium in a number of ways. Miller attested, “I think it’s a great and there were plenty of treats, fun and games. The event, organization.” So much so that he now serves as its president. organized in cooperation with the Children’s’ Network of Membership is open to any LCBA member who is under 36 Southwest Florida, serves 40 to 50 children annually. years of age, as well as any who has been licensed to practice “Every year we raise more money than the year before and law for less than five years, regardless of age. serve more children,” Miller confirmed.

“We also work with the big bar on a number of events.” Last year these included the very successful annual golf tournament New Blood Miller began practicing in 2008, and joined the YLD at around to benefit Voices for Kids. Bar at the Ballpark was also on the that same time. It was a rejuvenation of sorts. Participation and roster, as well as the Thirsty Thursday mixers. Upcoming events activity in the group had been dwindling, he said. However, include the Judicial Appreciation Barbeque. he remembers seeing the potential. At its core, there’s the Giving is its own reward, of course, but what else does a opportunity to relate to other young lawyers dealing with member get out of the YLD experience? There is the annual similar issues – “whether it’s a novel legal issue or comparing Florida Bar Association Young Lawyers Division Affiliate notes on a certain judge or certain opposing council,” he offered. Outreach Conference. Miller has attended for the past several Additionally, the group affords up-and-comers the chance to years, and finds it a worthy trip. “The conference gives us interact with more-established professionals and members of the opportunity to network,” he explained. “It’s also a CLE opportunity where they bring in speakers to talk about different the judiciary.

“A couple of other folks and I regenerated it, so to speak. aspects of a young lawyer’s practice.”

When we took over we injected some new blood.” Rounding out the YLD board are Shannon Puopolo, president-elect; Robert Anderson, treasurer; and Tom Coleman, secretary. Call it the exuberance of youth, but the group has been one of the LCBA’s most active committees, and does its duty to show a fresh face to the community.

10

RES GESTAE | MARCH

2013

Focus on Kids

But wouldn’t you know it – community service remains inextricably linked even in this statewide endeavor. “The bars have the opportunity if they would like to present grant applications,” explained Miller. And our YLD continues to

take advantage of that opportunity. Last year the LCBA’s young lawyers presented a grant application for Voices for Kids, the beneficiary of the golf tournament funds.

This year kids are still the focus. Miller and Shannon Puopolo presented a grant application to benefit Childcare of Southwest Florida, a private non-profit in operation for more than 40 years that has six centers providing low-cost or affordable childcare in Lee and Hendry County. Miller explained those centers often have higher educational standards than many non-subsidized facilities and the organization wants to start pushing a strong agenda of STEM training (science, technology, engineering and math). “The program is aimed at fostering a love of learning, specifically science and math learning at an early age,” Miller said.

is of time the essence

when

10% Discount on Transcripts Ordered at Time of Deposition or Hearings / Trials STEM learning experiences have already been offered on the weekends in partnership with local businesses such as Algenol.

If it comes through, the grant money would serve as a donation to allow CCSWFL to put on the STEM events within its centers, and reach underserved children and at a younger age. “The STEM events will allow the children, who normally would have no exposure to this type of early childhood education, to have some early positive experiences related to science and math education,” Miller explained. At press time, approval of the grant application was still pending.

There’s nothing for a young lawyer to lose in becoming involved with the Young Lawyers Division, and much to gain, including networking, mentorship opportunities, and continuing education. And banding together allows these rising stars to contribute in a more-meaningful way and promote the big bar as a community service organization.

Miller expressed his gratitude to the big bar and its Executive Council, where the YLD derives a lot of energy and direction.

“We get a lot of inspiration from the Executive Council. They provide a great example for us.” Additionally, he added, “My job has been made infinitely easier because of the hard work of the recent past presidents of the organization including Spencer Cordell, Amanda Mitteer Bartley and Leland Taylor.”

Every first Friday the YLD meets at noon at the French Connection Restaurant. Young lawyers are invited to stop in and see what it’s all about and find out how to get involved. |RG| Photo Credit: Jim Jett Photography

• Two Convenient Locations In Ft. Myers • Standard Six-Day Transcript Delivery • Depositions, Hearings & Mediations • Courtsmart Transcription • Conference Rooms Available For Mediation • Realtime • Free Wireless Access • Videographers • Video Text Synch At No Charge • Interpreters Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts

www.meritcourtreporting.net 239.481.1300 Downtown • 2022 Hendry Street Suite 104 • Fort Myers, FL 33901 S. Fort Myers • 6213 Presidential Court Suite 100 • Fort Myers FL 33919 RES GESTAE | MARCH

2013

11

Office Space Designed by Attorneys for Attorneys • Experience the difference!

• A new feel in luxury Executive Office space • Ideal for the professional seeking sophistication at competitive pricing • In the Heart of Bonita Springs (US 41 and Bonita Beach Rd) • Call to secure one of only 15 suites

(239) 948-1823 Waterford Executive Centre, LLC 27911 Crown Lake Blvd., Suite 201 Bonita Springs, FL 34135

www.waterford-centre.com

WATE1186 RS 3.75" x 4.75" full color ad.indd 1

10/12/12 9:13 AM

4280 Cleveland Avenue, Fort Myers, FL 33901 | 239-277-0005 | www.GarvinLegal.com

12

RES GESTAE | MARCH

2013

Dean Milhizer’s Side Bar

The Morality and Legality of the HHS Mandate and the “Accommodation”

by Eugene R. Milhizer

A well-publicized mandate from The Department of Health and Human Services requires employers to provide insurance coverage for contraception, sterilization, and abortifacient (that is to say, abortion-inducing) drugs. The fight against the HHS mandate has been joined, and it is in my judgment the most important issue of religious freedom and conscience in our lifetimes. Before addressing the moral and legal problems with the mandate, it is important to understand the basics and background.

The HHS mandate, as originally designed, required that all employers provide so-called preventative health care products and services to their employees that include contraception, abortifacients, and sterilization, even if the employer is a religious institution that opposes such practices as a matter of faith, morals and religious doctrine. The only religious-based exception recognized by the mandate is extremely narrow and applies, in essence, exclusively to entities such as churches, seminaries and convents. This is because in order to qualify for this exception, the entity’s membership and activities, for all practical purposes, must be exclusively limited to a single religious denomination. Thus, Catholic hospitals, charities, universities, and Catholic law schools, like Ave Maria School of Law, would not be exempted from the mandate because they employ and serve non-Catholics, and thus would be forced to cover morally objectionable products and services for all of their employees. It has been contended that Jesus Christ himself and his Apostles would not be exempted from the mandate as they ministered to people of many religious traditions.

The consequence, if not the purpose of such a narrow definition of religious institution is to relegate religious expression and influence to the confines of houses of worship, and thereby isolate it from the broader culture. This impoverished concept of religion is wholly at odds with the American experience, and it amounts to putting the judicially imposed doctrine of “separation of church and state” on steroids. This reductionist approach comports with the rhetoric we so often hear from secularists and the left when they increasingly refer to freedom of worship rather than freedom of religion.

The HHS mandate is not a law; that is, it is not legislation that was passed by Congress and signed by the President. Nor is it

a policy statement or guideline that merely encourages rather than compels compliance. Rather, it is a requirement imposed by the Secretary of Health and Human Services, Kathleen Sebelius. Further, the HHS mandate compels adherence with its terms under penalty of law, which in this case is a substantial fine. One final point of clarification: the HHS mandate is different than from the Affordable Care mandate (popularly known as the Obamacare mandate) that was affirmed by the Supreme Court in June. The Obamacare mandate is part of legislation passed by Congress, and it requires non-exempt individuals to purchase health insurance or suffer, in the words of a five-justice majority of the Supreme Court, a penalty in the form of a tax. The HHS mandate is instead an executive edict that requires religious organizations to cover the costs of contraception, abortion-inducing drugs, and sterilization for their employees.

Before addressing various aspects of the HHS mandate and the so-called “accommodation,” it is important to address the characterization of contraception as “preventive health care.”

This is how the issue has been framed by those who propose it—that is, should religious organizations and institutions be required to provide preventative health care in the form of contraception to their employees? In response to this deceptive characterization, I would first observe again that the mandate extends beyond mere contraception and includes abortioninducing drugs and sterilization.

But even leaving this aside, it cannot be fairly said that the contraception services covered by the mandate in any way constitute “preventative health care,” except insofar as they are dispensed for the ostensible and comparatively rare purpose of addressing a serious medical issue unrelated to contraception.

But even assuming, for the sake of argument, that the HHS mandate is actually concerned with “preventative health care,” the fact remains that its requirements are categorically wrong— morally and legally. The mandate is morally wrong because it obligates institutions—be they Catholic or not—to engage in activity that is immoral as a matter of natural law apart from any religious teaching. For example, it is fundamentally true that to deliberately kill children, whether they are born or unborn, is contrary to natural law. Nothing could be clearer.

RES GESTAE | MARCH

2013

13

To compel someone to provide such services against their strongly held convictions, especially religious convictions, is doubly immoral.

Rather than expanding upon why the mandate is morally wrong, I would now like to turn instead to why it is legally wrong—in other words, why it is unconstitutional. In my judgment, the mandate also violates the Religious Freedom Restoration Act, or RFRA, but I will limit my comments here to the mandate’s constitutional infirmity.

The First Amendment of the United States Constitution provides in part that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” It is not coincidental that the very first right protected by the First Amendment to our Bill of Rights is religious freedom, which is often referred to as our first freedom and most important constitutional right. It is a sad fact that America has seen a rather unrelenting erosion of religious freedom over the past several decades, largely because of an unwarranted zealousness to avoid the establishment of religion.

The First Amendment’s Establishment Clause was intended to prevent the establishment of a specified or official government religion, such as an official religion of the United States. In recent decades, however, the Establishment Clause has been misinterpreted by the Supreme Court to prohibit the government from favoring or supporting religion generally. For example, the Supreme Court and other courts have concluded that to avoid the “establishment” of religion, public prayer must be extremely limited, displays of the Ten Commandments are problematic, and manger scenes need to be accompanied by an exhibition of plastic elves and reindeer. This is a bit of an exaggeration but regrettably not too much.

On the other hand, the government and the courts have generally remained respectful of the free exercise of religion when the Establishment Clause is not directly implicated,

14

RES GESTAE | MARCH

2013

insofar as they have resisted imposing requirements upon religious institutions that would force them to violate their own religious beliefs. It has been widely understood that to do so would deny the constitutional protection of free exercise of religion by unduly burdening that right, at least in the absence of some compelling reason to require a religious institution to violate its tenants.

While my article is not political in nature, I must express that the Obama Administration has been particularly disrespectful of religious expression. Even before the HHS mandate was announced, the Supreme Court decided the Hosanna-Tabor case. In this decision, the Court recognized a “ministerial exception” to employment discrimination laws, saying that churches and other religious groups must be free to choose and dismiss their leaders without government interference.

The Obama Administration argued in that case instead that it did not matter whether the dismissed employee worked for a church, a labor union, a social club or any other group with free-association rights under the First Amendment. The Court with a 9-0 decision soundly rejected the government’s position.

The unanimity of the Court is remarkable, as it is nearly impossible to get the nine justices to agree about anything, let alone a First Amendment issue.

The HHS mandate represents a similar type of assault by the federal government on the free exercise of religion. But this time the government, rather than entangling itself in the selection of religious ministers, is instead picking and choosing which of a religion’s deeply held doctrines and convictions its institutions must violate. There is no precedent that authorizes this. In fact, the precedent is just the opposite.

In response to withering criticism of the HHS mandate from a variety of sources, the Obama Administration announced a so-called “accommodation.” Under the accommodation, which took effect on August 1, 2013, all insurance providers would be compelled to provide contraceptives and other objectionable services and products for free to the employees of religious institutions. The Administration argued that this avoids any compelled violation of conscience or religious beliefs, as the religious organization would not be funding the objectionable services.

But even with the accommodation, the HHS mandate remains objectionable for several reasons. Factually, it is highly doubtful that private insurance companies will cover contraceptive products and services to consumers for free— products and services that the government claims are very costly—without trying to pass on these expenses to consumers in some fashion. Surely insurance premiums will be raised and other revenue-generating measures will be undertaken by the companies to make up the difference. When the cost of the HHS mandate’s ostensibly “free” products and services are eventually passed on to consumers, among their numbers will be religious organizations and institutions. As a factual matter, therefore, the accommodation solves nothing because religious institutions will continue to be compelled to fund morally

objectionable products and services.

As a legal matter, the accommodation lacks any legitimate constitutional basis. This is not an overstatement or hyperbole.

In fact, I know of no constitutional authority—and the government to my knowledge has not even bothered to suggest one—for compelling a private company to provide a product or service free of charge because the government deems it to be beneficial. Under this same rationale, I suppose the government could order that mammograms and prostate exams should be covered at no cost by insurance companies. Perhaps we should skip the middleman, and the government can dictate to doctors that they must provide these products and services to their patients for free. Likewise, in the name of preventative health care, a wide range of private companies could be compelled to provide to consumers, for example, free drugs and vitamins, organic food, water filters, orthopedic shoes and exercise equipment. How about a free hot tub or Jacuzzi for everyone?

And why should this approach be limited to the medical realm? Are not child car seats beneficial? If so, should not they be provided free of cost by car manufacturers? How about burglar alarms for homeowners? How about better insulation and radon testing? Cell phones? Safety glasses? Wi-Fi and cable television? A free vacation? The list is literally endless.

With the so-called “accommodation” of the HHS mandate, the government has in fact compounded its disregard for the Constitution and conscience, and its contempt for free enterprise, by ostensibly seeking to mitigate an undue burden on religious freedom by imposing an undue burden on private companies.

This is serious business. Unless the mandate and the subsequent accommodation are defeated, Catholic institutions such as Ave Maria School of Law will be left, in the words of Francis Cardinal George, with four terrible choices: 1. Secularize yourself, by breaking connections with the Church (this is a form of theft by the government); 2. Pay exorbitant annual fines to avoid paying for insurance policies that cover abortifacients, contraception and sterilization; 3. Sell the institution to a non-Catholic group; or 4. Close it down.

At Ave Maria School of Law, unless the mandate is defeated the only viable option will be to pay the fines. But this will have a six-figure price tag as things presently stand, which is a cost that is morally and legally outrageous and, in the long run, may be economically unsustainable.

I conclude by observing that the fight over the HHS mandate is not a fight of our choosing, nor is it a fight that was inevitable.

Rather, it has been thrust upon the American people and the Catholic Church by the Obama Administration and the Department of Health and Human Services. And while we did not provoke this fight, neither can we shrink from it. I believe the Administration has seriously underestimated the depth and strength of the American people’s religious convictions and respect for the Constitution. I likewise believe that the

secular forces behind the HHS mandate have miscalculated the influence and persuasive authority of a mobilized and energized Catholic Church. In the end, I believe the American people will insist the mandate and the “accommodation” not be allowed to stand. I can assure you that Ave Maria School of Law will continue to engage political leaders and the broader culture to help achieve this most important objective. |RG|

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

RES GESTAE | MARCH

2013

15

16

RES GESTAE | MARCH

2013

Patent • Trademark • Copyright Franchise & Related Business Law and Litigation

800-548-4332 • 239-262-8502 www.TheLivingstonFirm.com Offices in Naples and Fort Myers

(239) 472-5506 Lee County

(239) 430-1130 Collier County Email: Islandinv@aol.com www.AlliedBizSolutions.com P.O. Box 427, Captiva, FL 33924 Serving SW Florida Since 1989

KEMPTON P. LOGAN, ESQ. Certified Mediator/Arbitrator • Certified Circuit-Civil / Federal Mediator since 1991 • Panel Arbitrator, American Arbitration Association and 20 th Judicial Circuit • Over 30 years civil litigation experience in Southwest Florida, including Personal Injury, Contract, Partnership, Real Estate, Insurance, and Probate. MartindaleHubbel AV rating.

• Available for Court ordered or private arbitration.

• www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net RES GESTAE | MARCH 2013 october 2012 Levins and associates, LLc

17

On the Bench The Hon. Elisabeth Adams If anyone doubts the power of the mock trial experience to draw new talent to the profession, consider the case of Circuit Judge Elisabeth Adams. “In sixth grade, I took an elective class regarding the court system. During the course, the teacher held a mock trial in the classroom followed by a field trip to the courthouse and I was immediately captivated and knew that I wanted to be an attorney and eventually a judge.”

Born in Miami, she grew up on the east coast of Florida in Boca Raton with her parents and three brothers. She graduated from the University of Florida (“Go Gators!”) with a degree in Journalism and received her law degree from Nova University.

Getting her start at Legal Aid, the judge transitioned into private practice and became a sole practitioner specializing in family law, “which, surprisingly, was the only law I was sure I did not wish to practice,” the judge recalled. Actual exposure to the area, however, changed her mind and today she feels fortunate to have been assigned as a family law judge.

“I gain the most reward from assisting the parties in communicating better with each other for the benefit of the children,” she explained.

As satisfying as the rewards are, the challenges can also be daunting. “The hardest part of my job is when I do domestic violence cases and learn about parties or children who have been physically abused. There are those few cases resulting in serious injury or death that leave a lasting impression.”

As entrenched as she is in matters of divorce, paternity, custody, support, adoptions and domestic violence, no judge operates in isolation. During her annual two or three weeks as 24-hour on-duty judge, for instance, she gets an introduction to the criminal arena.

Whatever the case before her, she said, “my philosophy is to guide with a firm but understanding hand and to ensure fairness and equality.” She said she’s always aware her job “tremendously impacts people’s lives and it is one I take very seriously.”

The judge is a pet lover, and admits to having a bit of passion for chocolate. She’s married to Jim Jack, who grew up on Sanibel, and the couple has two children. |RG|

HOME HEALTH / NURSING

Fort Myers / Naples 1st Home Health Agency RNs/LPNs?CNAs/HHAs are available 24/7 to you, your family and your clients.

Supreme Court Certified, Circuit, Civil, Family, County and Dependency Mediator

Mediation in:

Florida Bar Member for 36 Years

• Personal Injury

Available to Mediate throughout the 20th Judicial Circuit

• Real Estate

Competitive in Rates No Charge for Travel

• Family Law

• Probate • Foreclosure • Business and Contract Disputes

• • • • •

All Employees Tested for Competency, Fully Screened, and Supervised by an RN. No Assessment Fee. State Licensed and Insured.

Long Term Insurance Accepted.

Received the “2012 Best of Naples Award” in the Nurses Category.

Over 34 years serving the residents of Lee and Collier Counties.

Dial-a-Nurse® of Fort Myers

3949 Evans Ave, Suite 303, Fort Myers, FL 33901 239.939.1228

Dial-a-Nurse® of Naples

599 9th St., N, Suite 207, Naples, FL 34102 239.434.8000 HHALic# HHA20304096 Registry Lic# 30211116

www.dialanurse.com

18

RES GESTAE | MARCH

2013

From the Bar Mark Christopher Menser, Esq. “My parents were first-generation immigrants, and they were upwardly mobile,” said Mark Menser. That explains the reason he became an attorney. “I was the oldest son. I was told, ‘You will be the lawyer.’ ” Today he’s an associate attorney at Musca Law, and while he’s had many standout triumphs, he’s happiest operating outside of the limelight. “I love research and writing, and I love arguing the big issues: the death penalty, the Constitution, the heavy stuff.” That’s not to say he shies away from trial work. Menser describes himself as very competitive. However, “my love is more on the intellectual end.”

He’s used to making his own way. His father was a master calligrapher who did hand-lettered invitations for no less than Buckingham Palace and the White House, but the work wasn’t steady.

“Whenever we had a commission, we knew it because we had furniture,” he recalled. Ultimately, Menser worked his way through college and paid his own way to law school.

While at the state’s Attorney General’s Office, he litigated a great number of appellate and post-conviction proceedings on behalf of the State of Florida. Career highlights include his successful litigation of the landmark case of Spaziano v. Florida. He also helped engineer Ted Bundy’s third death sentence, which was subsequently carried out. Additionally, he’s been involved with several major class actions. When he was with the law firm of Viles & Beckman, P.A., he worked on the cases that led to the Firestone Tire and Vioxx recalls.

The attorney’s daily routine offers little fodder to the headline writers. “Mostly it’s a combination of going to hearings and doing research and preparing cases, he asserted. What motivates him is the “very strong sense of satisfaction to take a case that’s devastating to the victims, get them back on track and get their problems solved.” He wishes people better understood that attorneys fees don’t go into lawyers’ pockets, but rather toward the upkeep of the firm. Especially at a large operation like Musca, fees garnered by Menser help support 20 to 30 people, not to mention general business expenses like utilities and insurance.

Outside of work, he is a tournament chess player. Also, he and his wife are avid wildlife photographers. |RG|

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

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

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

2013

19

Tired of Boring Workouts And Yo-Yo Diets?

Just Don’t Have Time For Gym Visits?

Get your desired RESULTS with the XLR8 Body Transformation Institute!

No boring treadmill • No sweaty gym • No fad diets Just 20 Minutes, 2 Times a Week

Defend & Increase Your Earning Potential By Being Even More Fit, Vibrant and Energetic!

• Total Body Transformation Program customized for your lifestyle • State-of-the-art Power Plate® technology • Expert personal trainers • Weight loss & nutrition plans • Wellness education • Health & fitness coaching for living powerfully

Call NOW

For Your Complimentary 7 Day Trial!

Get full studio access with your very own trainer and inclusive nutrition and wellness consultations

1-800-678-1509 info@XLR8Lifestyle.com

Body Beautiful |

Shape up faster with XLR8 Body Transformation Institute

Come Visit One of Our 3 Convenient Locations Fort Myers

Bonita Springs

Naples

Palm Pointe Shoppes

Bay Crossings

Park Shore Shopping Center

11601 S. Cleveland Ave Suite 5

26251 S. Tamiami Trl Unit 18

3619 Tamiami Trl N, Suite 4

How to be Healthy in a Hectic Environment

by Lora Ulrich

Being a very busy judge or lawyer, sometimes you may put taking care of yourself on the back burner. Of course you know you need to take care of yourself but how do you find the time to squeeze it in during your busy day? Do you ever feel like you don’t have enough energy to get through the day? Do you know you need to make some changes but don’t know exactly what to do?

We are much more productive in our personal and professional lives when we take care of ourselves. Ok, so that sounds great, and most of us know that but how do we actually do it? Here are some realistic ideas and strategies we can incorporate into our busy schedules to feel better, have more energy and be even more productive.

Plan, Plan, Plan

As you know, success comes with consistency. Just as you schedule your meetings, appointments, etc., sit down and plan a menu and shopping list, schedule when you are going to eat, work out, and take a few moments to breathe. Don’t be afraid to be a little repetitive – routine and ritual lowers stress. The less stressful your plans, the more likely you are to keep at it. I’ll say it again: success comes with consistency.

1. Drink lots of water. It’s one of the easiest things you can do. Water keeps you hydrated and feeling fuller. Drink 64 ounces of water a day, minimum.

2. Plan ahead. Keep healthy, filling snacks at home and at work. Apples, oranges, celery, carrots, low-fat cottage cheese, Greek yogurt, almonds, and nutrition bars are just a few. Then when you feel hungry, instead of makingba poor decision because you have no other choice, you have a great meal or snack at your fingertips.

3. Don’t skip meals. Remember that skipping meals is never a good decision. It will only lead to over-eating at your next meal, so be prepared.

4. Plan your workouts. Whether it’s in your Smartphone or on your calendar, schedule a time to work out. I treat my workouts like they’re appointments, so that I take them seriously.

5. Eat balanced nutrition. Our bodies need a balanced variety of nutrients, including the right types of carbohydrates, proteins and fats. Eat one to two servings of fruit per day and six to eight servings of vegetables a day. Eat protein with every meal and snack.

6. Take high-quality nutritional supplements. We can’t get everything we need from our foods. Supplementing our diets with the right combination of vitamins, minerals and antioxidants is essential for optimal health.

7. Get enough sleep. Do you get six to eight hours of sleep per night? Sleep helps to repair your body, reduces stress and helps increase our memory. Sleeping properly can help you to control your body weight, too.

8. Breathe. Breathing property is a simple thing that help reduce stress. Breathe from your belly. Sit with your feet and arms uncrossed. Close your eyes. Inhale. Hold for 3 seconds.

Exhale slowly. Do this a few times and you will be surprised at how much better you will feel. This can be your mini break, time for yourself, that you can have anywhere.

When we take care of ourselves we are more resilient. We worry less. We are mindful, more open to opportunities and kinder. We bounce back quicker, and we are more productive in our personal and professional lives. |RG|

Lora Ulrich is the co-founder of XLR8 Body Transformation Institute, an international lifestyle coach, Certified Nutrition & Wellness Expert, speaker and entrepreneur. XLR8 Body Transformation works with individuals, groups and businesses to help them achieve a healthy lifestyle focusing on creating balance and wellness in nutrition, fitness and stress reduction. Ulrich can be reached at 239-898-4078 or info@xlr8lifestyle.com

RES GESTAE | MARCH

2013

21

SAVING MONEY ON YOUR LAB WORK FOR THE UNDER INSURED!

What’s Gluten Got to Do With It? New Research Shows 1 in 8 Americans are gluten-intolerant...are you?

by Terry Foster

What is gluten?

• A protein found in wheat, rye and barley Which foods contain gluten?

• Flour and cereal products (breads, pastas, etc.)

• Lunch meats • Food additives and flavorings

CALL: (239) 931-1036

or STOP by our office located on the corner of Colonial and Fowler, by Old Time Pottery!

4350 Fowler Street, Ste. 2 Fort Myers, FL 33901

• More than 60 percent of prescription medication contains gluten Let’s look at some facts: • Between 5 and 10 percent of all people suffer from a gluten sensitivity of some form.

• One out of every 133 Americans has celiac disease.

• 97 percent of Americans estimated to have celiac disease are not diagnosed. That’s nine out of 10 cases that go undetected or are misdiagnosed.

• Celiac disease has more than 300 known symptoms • 60 percent of children and 41 percent of adults diagnosed during the study were asymptomatic.

HEALTHY GROCERY • The best in Low Carb, Gluten-Free and Specialty Foods • Vitamins and Supplements, Wellness Scan, Weight loss • Certified Nutritional and Health Counselor

HOURS 10-6 Monday-Saturday 11356 S Cleveland Avenue • Fort Myers

(239) 935-5093 www.theskinnypantry.com Offering solutions to dietary challenges…. It’s About What You Can Eat!

Office Sharing Opportunity with Patterson, Eskin and Ball 1420 SE 47th Street Cape SE Coral, FL 33904 1420 47th Street

Prime Downtown Cape Coral Location Cape Coral, FL 33904

For More Information Please Contact

Hal Eskin, Dixie Lee Ball or Janice Meredith at (239) 549-5551 or Email jsmere@comcast.net

22

RES GESTAE | MARCH

2013

What happens if you’re gluten-intolerant?

• Gluten-intolerant individuals produce antibodies in response to gluten, causing inflammation and intestinal damage over time.

• Can lead to “leaky gut,” which allows larger particles to enter the bloodstream, resulting in the body producing more antibodies and hence more inflammation.

The Common Link?

Researches are finding that inflammation is a common link present in most major diseases including: • Heart disease

• Cancer

• Memory disorders

• Diabetes

• Thyroid • Arthritis Learn more: Gluten Free Education Wednesday, March 27, 6–7:30 p.m. at The Skinny Pantry, 11356 S Cleveland Ave. Fort Myers.

We’ll discuss the rise of gluten-free diets and links to other health issues such as celiac disease, gluten intolerance, diabetes, arthritis and more.

Terry Foster is the owner of The Skinny Pantry in Fort Myers.

For more information, visit theskinnypantry.com or call 239935-5093.

Being Robbed By Your Own “Out-Of-Pocket” Insurance Expenses?

By John Grey

Every time I talk to an insurance agent about Obamacare, otherwise known as “health care reform,” I get the same answer.

Nobody knows what’s going to happen because it’s just too new.

One thing that seems to be fairly consistent is that there will be higher deductibles and fewer services covered. These higher deductibles mean there is certain to be more “out-of-pocket” expenses for everyone. Let’s just review for a minute: everyone just had their taxes raised. Now we are going to have to carry mandatory health care with a deductible so high nothing is going to be covered anyway. No wonder I feel like I just got triple-whammied.

I was always told that there are two things in life you can’t escape from: death and taxes. I sure hope we don’t end up adding health care to that list. After all, I do work in a health care-related field. With any luck, everyone will get health care insurance, and the cost for it will come down a little bit. But I certainly won’t start counting my eggs as chickens just yet. It seems that all we can do for now is to hang on and enjoy the ride. After all, we are all going to end up somewhere in this reform and you might as well enjoy it.

Because insurance companies are covering fewer doctor prescriptions for lab work and other tests, ARC Point Labs and other companies want to help with the “out-of-pocket” expenses you may incur because you have not met your deductible yet.

At ARC Point, we recently saved someone over $325.00 on their “out-of-pocket” expenses simply because they did some comparison shopping. It seems funny that a person will clip coupons for food or surf the internet for the best-priced car, and not try to get a better price on their health care services. |RG|

Don’t get me wrong – it’s important to have health care in case there is anything major that does come up in life. On the other hand, I don’t want to buy my doctor a new Mercedes every time I see him or, God forbid, go to the hospital. It seems as little as one generation ago a doctor’s services were much more reasonable. It begs me to ask the question: “Where did we go wrong?” Why does it seem to be such a negative topic? John Grey is the Marketing Director of ARCpoint Every time I start thinking about health care I turn into such a Labs of Fort Myers. For more information, he may be reached at (239) 567-5505 or pessimist. jgrey@arcpointlabs.com.

RES GESTAE | MARCH

2013

23

The Dish

e f a C s ’ n y l o d n e w G

By Sara Fitzpatrick Comito

Gwendolyn Howard doesn’t like soup. That’s why she makes some of the best in town. Because if you don’t like soup, it’s going to have to be mighty delicious to make you a convert. She learned to cook from her mom, who learned to cook out of necessity.

“My grandmothers – both of them – were terrible cooks. So if my mom wanted good food, she had to figure out how to make it herself.”

Today Howard feeds downtown at Gwendolyn’s Café & Catering Company, and even offers “Mom’s classic chili.” She works to dutifully apply that standard that if it’s good enough for mom, it’s good enough for the “cops, convicts and attorneys” she light-heartedly identifies as her customer base.

On the day this reporter popped in for lunch, there were indeed some characters from within that camp. But whichever segment of that demographic they occupy, they gratefully return.

It’s the place to go when you need to make your day better. An ultimate grilled cheese with provolone, swiss, blue cheese on parmesan focaccia and a cup of homemade tomato bisque will certainly turn your frown upside down!

Consider taking out a little “great day” insurance policy right from the get-go. A breakfast of buttermilk biscuits and homemade sausage gravy or a Cajun scramble with andouille sausage, cheddar and peppers and onions might just be the edible version of rose-colored glasses. If your assistant catches you whistling through your caseload and looks at you a little funny, just say the code word “Gwendolyn’s.” You’ll likely be met with a knowing nod. But think about bringing back a platter of cupcakes for your staff. That’s a different kind of insurance.

The café opened back in October of 2010. And although

24

RES GESTAE | MARCH

2013

technically assigned a First Street address, it’s tucked away from the hustle and bustle, with a storefront facing Lee Street, a bit southeast of its intersection with First. Though it’s hardly a secret.

Even more uplifting than the made-from-scratch chicken pot pie is the philosophy that started with mom’s cooking: if something’s not working for you, work to make it better. That’s how Howard came to be a businesswoman. It’s how her staff came to have steady, satisfying employment. It’s how they’ve come to consider themselves family, and make their guests feel part of that.

By now you may have seen the news piece titled “Addicts get second chance at life from café owner.” If you haven’t, you’ll find it at CBS.com. Yes, our little River District eatery made the national news, and for good reason. While Howard is an inspiration for turning her own life around and giving the same chance to others willing to work for it, none of it would matter if the food and service weren’t terrific. They are.

The Dish

Above: Hon. G. Keith Cary, Hon. John S. Carlin and Hon. John E. Duryea.

Left: Executive Council Secretary Anne Dalton enjoys lunch with a friend.

Aside from the tomato bisque, about which I could wax poetic ad infinitim, I indulged in a textbook Reuben sandwich, with real-deal marble rye grilled to perfection. The corned beef was juicy and delicious, and the whole thing was judiciously blessed with tangy sauerkraut and creamy thousand island. From among a variety of side choices, I selected the sweet potato fries, which were delightfully crispy with a light batter that highlighted the tender, orange goodness inside.

I was torn between that and the Cuban because, well, who doesn’t love a pressed sandwich on toasty bread? But that will have to be for next time. There are some serious salads, too, such as the River District, featuring seared tenderloin, caramelized onion, roasted pepper, sundried tomatoes and blue cheese. A field of greens salad is sure to please, with marinated mushrooms, walnuts and dried cranberries. Choose one of the homemade dressings, which are listed on the menu. A soup/sandwich/salad combo is a good way to sample the goods. Whichever menu items you choose, and there are far too many to name here, you are sure to leave satisfied. As Howard told me, “Food is love.”

And none of that is in short supply.

Finally: chocolate cake. Any other questions? |RG|

Over 100 Years of History Inside & Over 100 Types of Natural Vegetation Outside

The Courtyard is Open for Its 35th Season

239-332-2065 Reservations Recommended

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

Lunch Mon - Fri Dinner Mon - Sat Closed Sunday Valet Service Downtown Fort Myers River District www.verandarestaurant.com

RES GESTAE | MARCH

2013

25

Social Scene

Lee County Association of Women Lawyers After Hour Event at Cotton Daze

Amy Jean, Attorney Stacy Sherman and Danielli Martel

Christine Butler and Frank Jean

Kelly Fayer and Jennifer Basey of Edward Jones, an annual LCAWL sponsor

Kelly Fayer, Elizabeth Wolt and Salvatore Russo

26

RES GESTAE  |   MARCH

2013

Claire Avery, Christine Deramo and Judge Josephine Gagliardi

Michelle Hordinski, Maggie Miller and Claire Avery

Social Scene

Liridona Sinani, Holly McFall and Ave Maria law students Mayra Talarico and Leticia Gonzalez-Estefani Attorney Elizabeth Wolt, Salvatore Russo, and Judge Meg Steinbeck

Kelly Fayer and Kal Bhatnager, owner of Cotton Daze

LCAWL at Cotton Daze

Danielli Martel and Claudia Volk

Theresa Daniels, Sarah Spector, and Jo Ellen Kane

RES GESTAE  |  MARCH

2013

27

Social Scene

2013 Lee County Mock Trial Competition

Attorneys Miguel C Fernandez, III and Ginine Hanco, scoring judges in the final round of Lee County Mock Trial, confer with presiding judge, The Honorable Darryl C. Casanueva, Judge of the Florida Second District Court of Appeal

Students James Abram, Brandon Green and Jennifer Nargi

Students James Abram, Elizabeth Santiago, and Brandon Green

28

RES GESTAE  |   MARCH

2013

CRIMINAL DEFENSE

SCOTT T. MOOREY

Extremely

Floridian

275-5552 1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com

Gray | Robinson Pays tribute to the physicians, dentists and nurses who volunteer their time and expertise to carrying out the mission of the SENIOR FRIENDSHIP CENTERS’

FRIENDSHIP HEALTH CLINIC serving underserved patients in Collier and South Lee Counties.

SENIOR FRIENDSHIP CENTERS’ Mission Statement “Promoting health, dignity and quality of life throughout the journey of aging.”

Naples Attorneys Gary Carman Dennielle Downes Amy L. Garrard Lisa H. Lipman Michael D. Randolph Burt L. Saunders

AV Rated Attorney FL Real Estate Broker’s License Real Estate ~ Probate Business and Contract Disputes Title Insurance Agent 30+ Years Experience Ph. 239.275.5005 ~ Tom.Moorey@gmail.com 1430 Royal Palm Square Blvd., Ste. 105, Fort Myers, Fl 33919

Carl E. Westman

Fort Lauderdale | Jacksonville | Key West Lakeland | Melbourne | Miami | Naples Orlando | Tallahassee | Tampa

5551 Ridgewood Drive, Suite 101 Naples, FL 34108

239-598-3601 l www.gray-robinson.com RES GESTAE | MARCH

2013

29

Legal Briefs Ted Wolfendale helps groom alumni leaders for Stetson University

Ted Wolfendale (pictured second from left), local attorney and owner of Dial-a-Nurse, was selected for a 2013 Stetson University leadership retreat held in February in Deland, Florida. The retreat is part of a program intended to engage alumni to become more active with their alma mater and help develop the next-generation of leaders to pass through Stetson’s door.

Wolfendale received an undergraduate degree from the university in 1985, and a J.D. in 1988. He was one of fewer than 30 alums selected to participate in the prestigious and competitive opportunity to work with university leaders on an in-depth, personal level.

According to the Web site for the program, “Participants obtain an integrated view of Stetson, the internal and external forces that affect her direction, and the challenges she faces. They will experience an interchange with senior university administrators and participate in discussions about the future of Stetson.” Wolfendale was chosen after a rigorous application process.

Leadership Stetson was created in association with the university’s board of trustees and the Alumni Association board of directors to groom alumni in preparation for representing the university in leadership roles. Next-generation leaders will also help them become involved in volunteer roles that are most appropriate for them.

Stetson University was founded in 1883 and is the oldest private University in Florida. For more information on Leadership Stetson and other alumni opportunities, visit www.stetson.edu/portal/alumni/. For more information on Wolfendale’s company, Dial-a-Nurse, visit www.dialanurse.com.

Depositions Trials & Hearings

Mediations / Arbitrations

TRY OUR ONLINE REPOSITORY THAT HOUSES ALL OF YOUR TRANSCRIPTS, EXHIBITS, WORD INDEXES, CONDENSED TRANSCRIPTS, INVOICES AND MORE FOR YOUR EASY ACCESS IN TEXT OR PDF FORMAT AT NO EXTRA CHARGE. HARD COPIES STILL AVAILABLE, OF COURSE Downtown Fort Myers—2271 McGregor Boulevard, 2d Floor, Fort Myers, FL 33901 South Fort Myers — 13241 University Drive, Suite 104, Fort Myers, FL 33907 North Naples — 5621 Strand Boulevard, Suite 201, Naples, FL 34110 Punta Gorda — 315 E. Olympia Avenue, Suite 221, Punta Gorda, FL 33950 PHONE: 239-332-7443

30

RES GESTAE | MARCH

2013

WWW.VONAHNASSOCIATES.COM

FAX: 239-332-4066

Legal Briefs Collier County Bar hosts Florida Bar president Gwynne Young The Collier County Bar Association (CCBA) had the honor of hosting Gwynne Young, president of the Florida Bar, at a luncheon at Grey Oaks Country Club. Young spoke to members of the judiciary as well as local attorneys and guests on a variety of issues that affect the Florida Bar, including merit retention during the last election.

In addition to serving as the Florida Bar president, Young has a thriving practice focusing on complex state and federal litigations. She is a shareholder at Carlton Fields. She is also an active alumna at the University of Florida and Duke University. She has held the positions of trustee of the College of Law Center Association, emeritus trustee and president of the Duke University General Alumni Association, Duke University trustee, and memer of the Duke Athletics Advisory Board. Young was president and director of the Hillsborough County Bar Association and Foundation. Additionally, she served on the American Bar Association House of Delegates and numerous committees and sections at The Florida Bar. She is listed in Florida Super Lawyers, The Best Lawyers in America, Florida Trend Legal Elite Hall of Fame and Legal Elite.

She was honored with The Florida Bar President’s Pro Bono Service Award for the Thirteenth Circuit and the Herbert Goldburg Award, Trial Lawyers Section of the Hillsborough County Bar. The CCBA was founded in 1948 and is 800 members strong. For more information, visit www.colliercountybar.org.

O v e r

6 0

y e a r s

e x p e r i e n c e .

REAL ESTATE, who SAyS iT’S ALL AbouT LocATion ?

>>

real estate transactions can be complicated and often involve a major investment of time and money. pavese Law Firm can help ensure the details are in order so that your investment is protected.

• Real Estate Closings

• Condominium and HOA Law

• Title Insurance

• Commercial-Residential Development

• Commercial and Residential Transactions

• Contract Preparation

• Borrower and Lender Representation • Land Development and Permitting Issues

Fort Myers: 239. 334. 2195 cape coral: 239. 542. 3148

www.paveseLaw.com

RES GESTAE | MARCH

2013

31

Legal Briefs Michael Corso achieves 30-year milestone of legal expertise Henderson, Franklin, Starnes & Holt, P.A. announced litigation Attorney Michael Corso has maintained Florida Bar Board Certification in Civil Trial Law for 30 years. Only 4,600 of Florida’s 93,000 lawyers have earned board certification.

Managing Partner Denis Noah stated, “Mike has been a force in the litigation community for many years. His 30 years as a Board Certified Civil Trial Lawyer is a testament to both his abilities and his status in the profession.”

Corso is chair of Henderson Franklin’s Tort & Insurance Litigation division. He focuses his practice in matters involving product liability and the defense of non-medical professionals such as lawyers, accountants, architects, engineers and surveyors. Corso frequently speaks throughout the United States on issues regarding the defense of non-medical professionals and law office risk management issues.

Corso has received much recognition throughout his legal career, including the Florida Defense Lawyers Association President’s Award, the Defense Research Institute’s Exceptional Performance Citation, the Outstanding Aerospace Engineer Award by Purdue University, as well as being named to Florida Super Lawyers magazine, Florida Trend magazine’s Legal Elite and Best Lawyers in America. Corso is also AV-rated by Martindale-Hubbell. He is a member of the American Institute of Architects, Florida Engineering Society and past president of the Florida Defense Lawyers Association.

Corso can be reached at michael.corso@henlaw.com or 239-344-1170.

Seeking a staff attorney for the Family Law Office.

Must be member of Florida Bar in good standing.

Salary + benefits.

Lee County Legal Aid Society of Fort Myers, Florida Fax resume to 239-334-4305 or e-mail to KEPugh2@Earthlink.net

Well-established AV-rated law firm with two offices in SWFL is seeking to acquire firms with lawyers looking to retire or transition out of full-time practice. All practice types considered, but prefer those focused on specific fields of law.

Practice with active client list is preferred.

Please email confidential@phxpa.com for confidential discussions.

32

2013 october 2012 PhxPa.com

RES GESTAE | MARCH

BUSINESS PLANNING ESTATE PLANNING TRUST ADMINISTRATION PROBATE

A solution-oriented practitioner licensed to practice in New York, New Jersey, Connecticut and Florida, with over 24 years experience.

Ms. Pizzolato is committed to establishing long-term relationships with her clients. She is dedicated to analyzing new issues for her clients, guiding them through their decisionmaking process and representing them during the many phases of their lives.

239-225-7911 info@pizzolatolaw.com

7370 College Parkway Suite 314 Fort Myers, FL 33907

PIZZOLATOLAW.COM

Legal Briefs Andrew Bokan named Rising Star by Super Lawyers Attorney Andrew A. Bokan has been recognized as 2013 Rising Star in the field of Marital and Family Law by Florida Super Lawyers magazine for achieving a high degree of peer recognition and personal achievement. Bokan also achieved the Rising Star recognition in 2010, before serving as a Family Law Magistrate in 2011 and 2012. While only five percent of lawyers in the entire state are named to Florida Super Lawyers, less than 2.5 percent are named to the Rising Stars list.

Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state and in ABA-accredited law school libraries. Super Lawyers is also published in regional publications across the country.

Bokan has extensive experience as both a trial attorney and as a magistrate in all areas of marital and family law. From 2010 until June 2012, Bokan served as a family law magistrate for the Twentieth Judicial Circuit in Lee County. He presided over family law trials and hearings and disposed of more than 1,000 contested family law proceedings. Prior to and following his appointment to the bench, Andrew practiced family law at large firms in Fort Myers.

Bokan was also selected to the Gulfshore Business 40 under 40 in 2012, an elite group of young professionals in Southwest Florida. Bokan previously served as a member of the Lee County Bar Association’s executive council and is a past president of the Lee County Bar Association’s Young Lawyers Division.

Bokan graduated Order of the Coif from the University of Maryland School of Law in 2002 and received his bachelor’s degree from the University of South Florida in 1998.

For more information on Andrew A. Bokan Marital and Family Law practice visit www.andrewbokanfamilylaw.com or call 239-822-9370.

RES GESTAE | MARCH

2013

33

• Legal Blogs

• Stationary Packages

• Press Releases

• Media Buys

• E-newsletters

• Branding & Logos

• Websites

• Business Cards

• Social Media

• Advertising Design & Campaigns

Kunkel Miller & Hament is on the cutting edge of the emerging and changing law. Each of our attorneys is able to provide our clients legal counseling and representation in each of the areas that comprise labor and employment law today. Our philosophy is to provide our clients with the highest quality and most cost-efficient counseling and representation to achieve their objectives within the parameters imposed by applicable labor and employment laws.

(800) 828-7133 www.kmhlaborlaw.com Apalachicola • Sarasota • Tampa • Fort Myers Satellite Office

The hiring of a lawyer is an important decision that should not be based upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

34

RES GESTAE | MARCH

2013

Legal Briefs Lisa Musial appointed to 20th Circuit Nominating Commission Lisa A. Musial has been appointed to the Judicial Nominating Commission for the 20th Judicial Circuit

by Governor Rick Scott. Her term began January 20, 2013 and ends July 1, 2016. Musial succeeds Douglas L. Rankin, who was appointed July of 2008 by Governor Charlie Crist.

A Cape Coral resident, Musial has been an attorney in private practice since 2001, and has been with Musial & Musial Co., LPA since 2004. She has also been a title agent with All State Florida Title, LLC since 2001. She received her bachelor’s degree from Baldwin Wallace College and her law degree from Thomas Cooley Law School.

With offices in Cape Coral and Westlake, Ohio, Musial & Musial is a law firm offering services in estate planning, charitable gift planning, elder law, real estate, business law, estate and trust administration and guardianship administration.

More information is available at www.musialmusial.com.

Julie Drake joins Pavese Law Firm Attorney Julie Drake has joined the Pavese Law Firm, primarily focusing on real estate law. Before joining Pavese, Drake practiced at another local firm where she represented local and national developers and builders in high-end commercial real estate transactions, including negotiation, financing, acquisition, development and leasing of commercial property.

Drake received her undergraduate degree majoring in political science from Florida Atlantic University then obtained her law degree from the University of Missouri-Kansas City School of Law. Drake works with organizations such as PACE, Childcare of Southwest Florida and the Lee County Association for Women Lawyers, where she established a scholarship program.

Pavese Law Firm is a full-service law firm with offices in Fort Myers, Cape Coral and West Palm Beach.

Visit paveselaw.com for more information.

RES GESTAE | MARCH

2013

35

Legal Briefs Cape Coral Bar Association announces 2013 board members

The Cape Coral Bar Association, Inc. announced the election of its new board members for the year 2013.

Eviana J. Martin from the Martin Law Firm, P.L. will be serving as president. Dustin Butler from the Martin Law Firm, P.L. will be serving as vice president. Liridona Sinani from the Martin Law Firm, P.L. will be serving as treasurer. Katharyn Owen from the law firm of Warchol, Merchant & Rolings, LLP will be serving as secretary (shown left to right).

Founded in 1989, the Cape Coral Bar Association is the oldest association of legal professionals in Cape Coral. Originally created to assist members of the legal community to navigate the waters of legal system and justice, the organization’s purpose has broadened to include the local community to assist with the understanding and respect of the court system, local judiciary and general practice of law.

The organization has been involved in sponsoring a number of local events and charities, including the Cape Coral Mayors Scholarship Fund Inc., the Harry Chapin Food Bank, Kiwanis & Cape Coral Parks and Recreational Kid’s Festival, Voices for Kids of SW Florida, Inc., and Lee County High School Mock Trial Competition, as well as acted as a Gold Sponsor of the annual Lee County High School Mock Trial Competition.

For more information, visit www.capecoralbar.org.

Christopher J. Smith to speak at LCALP meeting Christopher J. Smith, partner of the Southwest Florida law firm Goldstein, Buckley, Cechman, Rice & Purtz, P.A., will be the featured speaker at the March 12 meeting of the Lee County Alliance of Legal Professionals at The Edison restaurant in Fort Myers. Smith will discuss ethics in law.

LCALP is the local chapter of the Florida Association of Legal Support Specialists and offers legal resources and educational information to its members.

Smith is a member of the American Bar Association, the Florida Justice Association, and the Calusa Inns of Court. He is also admitted to practice in front of the United States District Court for the Middle District of Florida and is a trial attorney for personal injury cases.

Smith serves as a mentor for Take Stock in Children, where he mentors at-risk high school students to help them earn college scholarships. He also is a team leader for the law firm for the annual American Heart Association “Heart Walk,” which raises money for research for heart disease.

For more information, visit www.JusticeStartsNow.com, or call **LAW (529) on a mobile phone or 239-334-1146.

36

RES GESTAE | MARCH

2013

Legal Briefs Several Cohen & Grigsby attorneys recognized by Best Lawyers Cohen & Grigsby, a business law firm with headquarters in Pittsburgh, Penn. and an office in Naples, announced that six of the firm’s Naples-based attorneys have been included on the 2013 list of Best Lawyers.

Attorneys in the following practice areas have been recognized as Best Lawyers: • Bet-the-Company Litigation: Jason Hunter Korn • Commercial Litigation: Jason Hunter Korn, Kelley Geraghty Price • Construction Litigation: Jason Hunter Korn, Kelley Geraghty Price • Corporate Law: Hugh W. Nevin, Jr. • Employment Law – Management: John E. Lyncheski • Labor Law – Management: John E. Lyncheski • Litigation & Controversy – Tax: Henry C. Cohen; Hugh W. Nevin, Jr. • Litigation – Labor & Employment: Kelley Geraghty Price • Litigation – Real Estate: Thad D. Kirkpatrick • Real Estate: Thad D. Kirkpatrick • Tax: Henry C. Cohen; Hugh W. Nevin, Jr. • Trusts & Estates: Henry C. Cohen Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For more than three decades, Best Lawyers lists have been regarded as the most reliable, unbiased source of legal referrals available. The lists of attorneys are compiled by conducting extensive peer-review surveys.

For more information about Cohen & Grigsby, P.C., visit www.cohenlaw.com.

RES GESTAE | MARCH

2013

37

Legal Briefs Goldstein, Buckley, Cechman, Rice & Purtz sponsors Race for the Cure The law offices of Goldstein, Buckley, Cechman, Rice & Purtz, P.A., have been named one of the water station sponsors for the 2013 Susan G. Komen Race for the Cure on March 9 at the Coconut Point Mall in Estero.

Seventy five percent of all net proceeds from the Southwest Florida Race for the Cure stay in Southwest Florida and 25 percent of proceeds are given to national research programs.

“Everyone seems to know someone who is affected by breast cancer and we strongly support finding a cure,” said J. Jeffrey Rice, managing partner for the law firm. The firm also plans to walk as a team to show support for former employees who have battled breast cancer.

More than 10,000 participants, volunteers and sponsors attended the 2012 Southwest Florida Race for the Cure. The Race is a sanctioned 5K event that also includes a non-competitive 5K run/walk and a one-mile fun run/walk. Funds raised allowed the Southwest Florida affiliate to bestow grants totaling more than $825,000 to 12 local non-profit agencies that provide breast cancer education, screening, treatment and support in Lee, Collier, Charlotte, Hendry and Glades counties. Since 2002, the Southwest Florida affiliate has given more than $5.5 million to local non-profit organizations.

For more information about Goldstein, Buckley, Cechman, Rice & Purtz, P.A., visit www.JusticeStartsNow.com, call **LAW (529) on a mobile phone, or 239-334-1146.

Information on the event is available atwww.KomenRace.org.

BOARD CERTIFIED LABOR AND EMPLOYMENT LAWYER

Employment Law Litigation & Consultation Sexual Harassment Whistleblower Claims Discrimination & EEOC Overtime & Unpaid Wages All Other Employment Matters phone 239.334.7017 | FAX 239.334.6662 1625 Hendry street | Suite 103 | Fort Myers, Florida | 33901 JASON@GUNTERFIRM.COM | WWW.GUNTERFIRM.COM

38

RES GESTAE | MARCH

2013

Legal Briefs Zachary Gill named 2013 Rising Star by Super Lawyers Zachary M. Gill, an attorney with Goldstein, Buckley, Cechman, Rice & Purtz, P.A., has been recognized by Florida Super Lawyers for the second consecutive year as a Rising Star in the field of personal injury litigation. Only 2.5 percent of Florida attorneys receive this recognition.

The Rising Star list is a professional listing of attorneys from more than 70 practice areas who have been selected for their personal and professional achievements in the legal profession by their peers and independent evaluation.

Gill is a trial attorney whose practice emphasizes personal injury, wrongful death, insurance claims litigation and criminal law. Admitted to The Florida Bar in 2005, Gill is a graduate of Florida State University and Barry University School of Law. He previously worked with the State Attorney’s offices in Orange, Osceola and Lee counties. Gill is a past member of the Calusa American Inns of Court and current member of the Lee County Bar Association, Florida Justice Association and the Southwest Florida Seminole Club. He also serves on the Edison Festival of Light Board of Directors and the Allocations Committee for United Way. Super Lawyers can be found online at www.superlawyers.com where lawyers can be searched by practice area and location.

For more information about Goldstein, Buckley, Cechman, Rice & Purtz, P.A., visit www.JusticeStartsNow.com, call **LAW (529) on a mobile phone, or 239-334-1146.

Brooke Martinez discusses status of women in legal profession at Ave Maria School of Law Attorney Brooke Martinez with Pavese Law Firm participated in a panel discussion on behalf of the Lee County Association for Women Lawyers on Feb. 6 at Ave Maria School of Law. The event is part of the School of Law’s Women’s Law Association speaker series to address topics affecting women in the legal profession including salary, paying off student loan debt, work-life balance, transitioning between law school and the “working world,” interview tips and challenges and/or stereotypes for women in the workforce.

An associate in the Civil Litigation division, Martinez joined the Pavese Law Firm in May 2005. Her legal practice areas include general civil litigation with a focus on commercial litigation, real estate law, family law, community association law and bankruptcy creditor representation.

She is a member of the American Bar Association, Lee County Bar Association and President of the Lee County Association of Women Lawyers.

She is also a member of the Junior League of Fort Myers, and co-chairs the organization’s public affairs committee.

Pavese Law Firm is a full-service law firm with offices in Fort Myers, Cape Coral and West Palm Beach. Additional information is available at www.paveselaw.com.

RES GESTAE | MARCH

2013

39

Legal Briefs Voices for Kids announces 2013 officers and new board members Voices For Kids of Southwest Florida (VFK), a 501c3 nonprofit entity serving abused, neglected and abandoned children in Southwest Florida, announced the 2013 officers and new members appointed/added to its board of directors. The 2013 officers are: President Kathleen Davey, Dean Emeritus, FGCU; Vice President Debi Greenfield, Greenfield Advertising; Treasurer Maureen O’Brien, Retired Partner, Deloitte; Secretary Donna Garvey, Retired, American Airlines; and Past President Cynthia Shafer, Lahaina Realty, Inc. Newly elected members joining the board of directors include: Zach Katkin, President & CEO of Atilus LLC; George Mantzidis, Attorney, Cox & Carlson PL; and Cheryl Pifer, Fairways Wine Vault.

“We are pleased that all our members are committed to helping make the lives of abused, neglected, and abandoned children in Southwest Florida safer,” said Darlene Ann Grossman, executive director. “Our board members help VFK raise funds that directly support the Guardian ad Litem Program in the 20th District Circuit (Lee, Hendry, Glades, Charlotte and Collier County) and our ‘Kids Being Kids’ program, which provides those items which give the children a sense of normalcy and help them to ‘fit in’.”

For further information, please visit www.voicesforkids.org or call 239-533-1435.

March Madness Employment Law Seminar Scheduled Roetzel will present its “March Madness on the Court with Employment Law Matters” seminar for human resource professionals, CEOs, CFOs and in-house counsel March 7 at the Hyatt Regency Coconut Point, 5001 Coconut Road, in Bonita Springs.

Agenda topics include: The Affordable Care Act, EEOC's Emerging Issues, Current Trends in the NLRB and How it Applies to Non-Union Workforces, and more. Registration and a continental breakfast will be available 8:30 - 9 a.m., with the program running from 9 a.m. - 12:20 p.m. Lunch will be served after the event until 1:30 p.m. Registration cost is complimentary for the firm’s clients and $40 for non-clients. RSVP to Jennifer Ritter at jritter@ralaw.com or call 239-338-4256.

The risk of personal information falling into the wrong hands is something we all worry about.

The Lee County Solid Waste Division provides secure document shredding services to Lee County businesses at the Lee County Resource Recovery Facility at 10550 Buckingham Rd., Fort Myers (off SR 82).

For a nominal fee of $35.00/ton ($12.00 minimum fee) you can ensure that your sensitive information has been completely destroyed. Our staff is HIPPA trained. Paper clips and staples do not need to be removed. For additional information and hours of operation call the Lee County Solid Waste Division @ 239-533-8000.

We issue a Certificate of Destruction.

40

RES GESTAE | MARCH

2013

Legal Briefs John Cardillo takes part in Florida Bar panel on professionalism Attorney John P. Cardillo, partner in the Naples law firm of Cardillo, Keith & Bonaquist, P.A., recently participated in a seminar titled “Practicing with Professionalism” presented by The Florida Bar. The one-day seminar, designed for new lawyers, provides a comprehensive overview of ethical and professional issues.

The presentation took place at the Hyatt Coconut Point in Estero. This is Cardillo’s sixth year presenting at this event.

The Florida Supreme Court mandates “Practicing with Professionalism” for attorneys within their first year of admission to The Florida Bar or one year prior to admission to The Florida Bar. A practicing attorney in Naples since 1972, Cardillo concentrates in the representation of clients in personal injury and general civil litigation cases. The firm also handles general and corporate litigation cases, estate planning and probate, and family and criminal law. Cardillo served as the Governor for the Twentieth Judicial Circuit of Florida to the Board of Governors of the Florida Bar, on the Florida Judicial Qualifications Commission, and is past president of the Collier County Bar Association.

For more information about Cardillo, Keith & Bonaquist, P.A., visit www.ckblaw.com.

Tulio Suarez appointed to Diocese of Venice Catholic Charities board Attorney Tulio G. Suarez of Henderson, Franklin, Starnes & Holt, P.A. has been appointed to the Diocese of Venice Catholic Charities board of directors. Catholic Charities, Diocese of Venice, Inc. is a not-for-profit social service agency that provides assistance through a variety of programs to those in need in the ten-county area of Southwest Florida regardless of race, nationality or creed.

Suarez is one of a few Florida Bar Board Certified Immigration and Nationality Lawyers in the State. He has more than 15 years experience representing immigrants, professionals, foreign investors, and businesses. He assists clients with all immigration needs, including foreign investment, foreign labor certification, international adoption, family and employment based immigrant visas, removal (deportation), asylum, citizenship and hiring of foreign nationals. He also offers tips and insight on immigration matters through the Florida Immigration Law Blog. Suarez is a member of the board of directors of the United Way of Lee and Hendry Counties, Legal Aid and American Immigration Lawyers Association (AILA), Central Florida Chapter.

He received his undergraduate degree from St. John’s University and his law degree from the George Washington University Law School.

For more information on Suarez or Henderson Franklin, visit www.henlaw.com. For more information on Catholic Charities, Diocese of Venice, Inc., call 941-494-9543.

RES GESTAE | MARCH

2013

41

Legal Briefs Neale Montgomery appointed to South Florida Water Management District Water Resources Advisory Committee Pavese Law Firm partner Neale Montgomery has been appointed to the South Florida Water Management District (SWFMD) Water Resources Advisory Committee (WRAC).

Montgomery and other members of the committee provide constructive, consensusbased recommendations to the agency’s governing board and the South Florida Ecosystem Restoration Task Force about protecting South Florida’s water resources while providing for the water supply and water management needs of the region. The committee serves as a forum for improving public participation and decision-making about water resource issues in South and Central Florida.

Montgomery and the other members are appointed to the committee represent a broad range of business, agricultural, environmental, tribal, government and public interests. The group meets monthly and hosts workshops as needed.

Montgomery’s practice area is primarily real estate and environmental and permitting issues related to the development of land at the local, state, regional and federal levels. She also provides assistance in due diligence as well as retaining entitlements and value to assist landowners in weathering the current economic climate.

Montgomery represents the City of Labelle as a special magistrate, and represents clients in the Florida Land Use and Dispute Resolution process as well as representing clients in administrative hearings before local and regional entities and the Division of Administrative Hearings. She is a member of the Lee County Bar Association.

Visit paveselaw.com for more information.

Lit & More

With four convenient locations, Lit & More covers the west coast of Florida and offers complementary pick-up and delivery throughout the state.* OUR FULL LIST OF SERVICES: eDiscovery

Management Labor and Employment Law Kunkel Miller & Hament, an AV rated firm with a statewide practice seeks associate with 3-5 years employment law experience for its Sarasota office. Must have experience in federal and state court employment litigation and be able to work independently. Excellent research, writing and communication skills required.

Competitive salary and benefits.

Send resume in confidence to: info@kmhlaborlaw.com

42

RES GESTAE | MARCH

2013

• Early Case Assessment • On-Site Data Collection • Next-Day Service for collections from desktops and laptops • Industry leading practices to forensically preserve original media • Every step of the process is documented and defensible • Full support for 350+ file formats • Database and load files for Summation, Concordance and many others • Metadata extraction • PDF or TIFF productions • Native File productions

Imaging/Copying • High speed production scanners • OCR (Optical Character Recognition) • Custom Database and Load File creation • Document Coding • Strict Quality Control Procedures • Scan, Copy or Print Oversized documents including Blueprints, Engineering Drawings and Survey Maps *Some minor restrictions apply - your Account Manager can provide details.

Fort Myers • (239) 332-3369 Naples • (239) 289-4392

www.litnmore.com

(941) 587-8633 • Sarasota (941) 587-8365 • Bradenton

Legal Briefs Henderson Franklin named as a 2013 Top Ranked Law Firm For the second year in a row, the law firm of Henderson, Franklin, Starnes & Holt, P.A., was selected as a “Top Ranked Law Firm” in a special report by LexisNexis, which was published in the December 24, 2012, issue of Fortune magazine. In addition to its publication in Fortune magazine, the Top Ranked Law Firms list also appeared in the January 2013 editions of Corporate Counsel and The American Lawyer, and also appears on martindale.com and CNNMoney.com. More than 254,000 law firms were considered in the selection process, but less than one-half of one percent of firms across the nation made the final cut. The list is the only one of its kind to exclusively contain U.S. law firms.

To be eligible as a 2013 U.S. Top Ranked Law Firm, the firm must have a minimum of 10 attorneys and at least 33% of their attorneys must have achieved an AV Preeminent rating, the highest possible Martindale-Hubbell Peer Review Rating designation.

It indicates that the individual attorney is an established practicing lawyer whose local peers have observed him or her to be “Very High to Preeminent” in legal ability and to have “Very High” ethical standards. Henderson Franklin has 31 attorneys who hold an AV Preeminent peer review rating, as well as 20 Florida Bar Board Certified legal experts in many areas of law, including: business litigation; civil trial; divorce; labor and employment; health care; immigration; real estate; tax law; and wills, trusts and estates.

For more information on Henderson Franklin, please visit www.henlaw.com.

Lee County Bar Association welcomes new members • Aaron Cilek (McQuagge Law Firm) • Derrick Rooney (Fowler White Boggs)

• Christine King Jennings (McQuagge Law Firm) • John Cusick (Engvalson & Associates)

Jennifer Fowler-Hermes Attorney/Mediator

Accepting Referrals for Mediation Services in all Areas of Law Based in the Sarasota Office

(800) 828-7133 • www.kmhlaborlaw.com Offices in:

sarasota • tampa • fort myers (Satellite)

The hiring of a lawyer is an important decision that should not be based upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

1-888-505-CLUB (2582) RES GESTAE | MARCH

2013

43

Calendar of Events

march 2013 1 8

Young Lawyers Division Lunch Meeting French Connection at Noon

Marketing & Public Relations Committee Meeting Henderson Franklin in conference room 1 at Noon

RPPTL Practice Section Lunch

APRIL 2013 5

Collier County Courthouse, Courtroom 2A at 3 p.m.

12

Family Law Practice Lunch & Social Membership Meeting

11:45 a.m. at Royal Palm Yacht Club

Passover- Offices Closed

Noon

18 24 25 26

Executive Council Meeting 5:15 p.m. at Mary Evans’ Office

Land Use & Governmental Law Practice Section Lunch Meeting Collier County Bar Association “Barrister Bash” Investiture of Hon. Lisa M. Porter

Collier County Courthouse, Courtroom 1A at 3 p.m.

Membership Meeting

Good Friday- Offices Closed NOTE- Judge Lundy’s Buckingham BBQ has been rescheduled for Nov. 16

Family Law Practice Lunch & Social

Lee County Public Works, 1500 Monroe St, 1st FL Conf Rm

5:15 p.m. at Mary Evans’ Office

Henderseon Franklin in conference room 1

29

RPPTL Practice Section Lunch

Executive Council Meeting Land Use & Governmental Law Practice Section Lunch Meeting

Marketing & Public Relations Committee Meeting Henderson Franklin in conference room 1 at Noon

Investiture of Hon. Joseph D, Foster Collier County Courthouse, Courtroom 2A at 3 p.m.

French Connection at Noon

Investiture of Hon. James M. McGarity

Noon

14 21 22 26 27 28

Young Lawyers Division Lunch Meeting

11:45 a.m. at Royal Palm Yacht Club

“The Law Comes to Harborside” 5 p.m. appointment only

27

“The Law Comes to Harborside”

10-2 p.m. Blood Drive and Legal Service Expo

the lee county land use bar 2013 schedule Meetings will take place from 12:00 pm - 1:30 pm Except for dates highlighted in green, meetings will be held at Lee County Public Works 1500 Monroe Street, Ft. Myers, FL 33901 1st Floor Large Conference Room Thursday, March 28 at Henderson Franklin (CR #1)

Thursday, July 25

Thursday, April 25

Thursday, August 29 at Henderson Franklin (CR #1)

Thursday, May 30

Thursday, September 26

NO MEETING - JUNE

Thursday, October 31

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org

44

RES GESTAE | MARCH

2013

Congratulations to the Members of the Lee County Bar Association’s Mediation and arbitration

When it comes to mediation and arbitration, we understand.

Meet the Henderson Franklin attorneys ready to help:

100 Club

Congrats to our NEWEST additions to “100 Club”:

Grossman Law and Conflict Management, LLC McQuagge Law Firm Aloia Roland & Lubell, LLP Andrew S. Epstein, P.A. Arend & Sisk, P.A. Bonita Springs City Attorney’s Office Costello Royston & Wicker, P.A. Boyle Gentile Leonard & Crockett P.A. Bruno & Prado, PLLC

david L. Cook Florida Bar Board Certified Real Estate Lawyer Supreme Court Certified Circuit Civil Mediator

C. richard Mancini

robert C. Shearman

Supreme Court Certified Circuit Civil Mediator FINRA Certified Arbitrator

Florida Bar Board Certified Civil Trial Lawyer Supreme Court Certified Circuit Civil Mediator

Burandt, Adamski & Feichthaler, P.L. Calvo & Calvo Coleman & Coleman Engvalson & Associates, P.A. Fowler White Boggs, P.A. Freidin • Dobrinsky Fried & Fried, P.A. Geraghty, Dougherty, Edwards, P.A.

L. david Sims Florida Bar Board Certified Marital and Family Lawyer Certified Family Mediator

G. donald thomson

eugene “Chip” H. Smith

Supreme Court Certified Circuit Civil Mediator

Florida Bar Board Certified Civil Trial Lawyer Supreme Court Certified Circuit Civil Mediator

These Martindale Hubbell AV-Rated lawyers are skilled in negotiation and mediation, and in representing our clients in binding and nonbinding arbitration in matters of: • Circuit Court Mediation • Commercial and Civil Litigation, including Personal Injury • Construction Law Disputes • Corporate Partnership Disputes • Employment Law and Civil Rights Disputes

• Family Law Mediation • Financial Industry Regulatory Authority Arbitration • Real Estate, including Homeowner and Condominium Associations • Securities and Investment Dispute Mediation

Green, Schoenfeld & Kyle, LLP Goldberg, Racila, D’Alessandro & Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grace Crawford Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. Hersch, Kinsey & Hill, P.A. Joseph R. Gaeta, P.A. The Law Offices of Kevin F. Jursinski, P.A. Knott Ebelini Hart

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples* ©2013 Henderson Franklin Starnes & Holt, P.A.

HF 8941 Mediation Services CMYK HP ad 2013.indd 1

* By appointment only

11/26/2012 11:55:43 AM

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

Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.

RES GESTAE | MARCH

2013

45

Many businesses that did not know they could make a claim are now included in the proposed BP Oil Spill Settlement.

Your clients may qualify for compensation, even if their business is located in town and not on the beach. Businesses may include: Gasoline Stations Sporting Goods Stores Department Stores Gift and Souvenir Stores Taxi Services Restaurants

Airport Operations Tour Operators Travel Services Museums Salons & Spas Historical Sites

Retail Stores Zoos and Gardens Hotels and Motels Bed and Breakfast Inns Snack Bars Local Attractions

prsrt std u.s. postage

paid

ft. myers, fl permit no. 147

P.O. box 1387 | fort myers, fl 33902-1387 (239) 334-0047 | Fax (239) 334-0523 www.leebar.org

Choosing a community bank with conservative management is critical in times like these. As the oldest community bank in Lee County, we are unwavering in our commitment and service to our customers and our community.

See us for a business loan or fixed rate residential loan to purchase or refinance. We have competitive interest rates and now is the time to borrow while rates are historically low!

We make banking about YOU!

From left: Robbie Roepstorff, President; John Ammons, Cleveland Avenue Office Manager; Leah Kirby, River District Office Manager; Kim Nyberg, Lender; Pam Edwards, Lender; Willy Ocasio, Captiva Office Manager; Rob Lisenbee, Sanibel Office Manager; Geoff Roepstorff, CEO

13000 S. Cleveland Ave. Fort Myers, FL 33907 239.466.1800

2105 First St. Fort Myers, FL 33901 239.334.4668

www.edisonnationalbank.com

1699 Periwinkle Way Sanibel Island, FL 33957 239.472.7211

14812 Captiva Drive Captiva Island, FL 33924 239.395.0248

www.bankoftheislands.com An Equal Housing Lender/Member FDIC Bank of the Islands is an office of Edison National Bank.