Res Gestae - July/August 2026

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

CELEBRATING EXCELLENCE: A Spotlight on Legal All-Stars

Pictured here: Evan Lubell, Esq., and Ty Roland, Esq., senior partners at Aloia Roland Lubell Read more about how the Aloia Roland Lubell team pursues excellence in the courtroom and beyond on pages 16-19.

J U LY / A U G U S T 2 0 2 6

Our firm’s founder, Board-Certified Civil Trial Attorney Randall L. Spivey, devoted his entire career of over 30 years to advocating for accident victims and their families who have suffered injuries, death, and other losses.

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JULY/AUGUST 2026

THE DISH

The Veranda

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38

LETTER FROM PRESIDENT

GUEST COLUMN

Full Calendar, Fun Summer John Dommerich Jr., Esq.

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The Protect College Sports Act 2026 John Webb, Esq.

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LETTER FROM EXECUTIVE DIRECTOR

The Summer Forecast Lauren Baugh

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40 YLD

From Rookie to Captain: Stepping Up Your Legal Game with the YLD Andrew Koehler, Esq.

ON THE COVER

SPECIAL EVENTS CALENDAR

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GUEST COLUMN

All-Star Advice From the Bench

ETHICALLY SPEAKING

District Court of Appeal Reaffirms Referring Attorney Can be Discharged Henry Lee Paul, Esq.

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MEMBER SPOTLIGHT

Nathan Cochran, Esq.

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LEGAL LENS

100 CLUB

Law Week

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FOUNDATION SPONSORS

CARLOS CHRONICLES

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Meet The Honorable Carolyn D. Swift

LCBA SPONSORS

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Golf Tournament Recap

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PRACTICE SECTION

Our Colonial Roots Asma Anwar, Esq.

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JUDICIAL SPOTLIGHT

The Hon. Javier Pacheco

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LCBA’s All-Star Roster Features Aloia Roland Lubell

LEGAL LENS

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The Crecelius Decision: Elimination of the Subjective Binger Analysis Joel Hyatt, Esq., and Kara Jursinski Murphy, Esq.

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PRACTICE SECTION

DONOR LISTING

Mental Health & Wellness

54-57

SPONSOR SPOTLIGHTS

WELCOME NEW MEMBERS

COMMUNITY CONNECTION

Café of Life

Milestone Reporting, Dennis L. Webb, P.A., Nunez Law Office, P.A., Cogent Bank

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IN THE NEWS

AD DIRECTORY Barbara M. Pizzolato Bill Berke Boy Agnew Potanovic Brazzeal Mediation Bruce Green Law Firm Business Observer Dal Lago Law DeMine Immigration Law Firm 4 LEEBAR.ORG

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PRESIDENT'S LETTER

Full Calendar, Fun Summer As summer continues and our calendars remain full, I hope each of you finds some time to travel, relax and enjoy moments with family and friends. It’s essential not only for our personal well-being, but also for maintaining the professionalism and service our clients and community deserve.

Throughout the summer, the Lee County Bar Association (LCBA) continues to provide valuable opportunities for education, socializing and service.

I encourage all members to join us for our upcoming annual State of the Florida Bar Luncheon, featuring Florida Bar President-elect Paige Greenlee, Esq., on Aug. 21 at 11:30 a.m. in Courtroom 1A of the Lee County Justice Center. This event promises to provide important insights into the future direction of The Florida Bar, as well as an opportunity for members to ask questions of its new leader. We are honored to welcome President-elect Greenlee back to Lee County and look forward to a strong turnout from our membership.

We are also excited for the LCBA Foundation’s Annual Wine Tasting Fundraiser on Sept. 10 at FineMark National Bank’s College Parkway location. This event has become a favorite tradition for many of our members and supporters, offering an evening to connect socially while supporting the efforts of the LCBA Foundation.

Additionally, I want to recognize the continued dedication of our Young Lawyers Division (YLD). On Sept. 19, from 9 a.m. to 1 p.m., the YLD will host its Wills for Veterans Pro Bono Clinic at the U.S. Department of Veterans Affairs in Cape Coral. This valuable program provides essential estate planning services to veterans in our community and reflects the LCBA’s commitment to serving others. Volunteer attorneys are needed, so if you can volunteer, please contact me or LCBA Executive Director Lauren Baugh.

Thank you for your continued involvement in the LCBA and for all you do for our legal community! I look forward to seeing many of you at our upcoming events and wish you and your families a safe, restful and enjoyable remainder of the summer.

John Dommerich Jr., Esq., LCBA President JDommerich@SAO20.org | 239.533.1000 6 LEEBAR.ORG

LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director Lauren Baugh

EXECUTIVE COUNCIL

YLD BOARD

FOUNDATION BOARD

President John Dommerich Jr., Esq. Vice President Diana “Dawn” Maselli, Esq. Emeritus John Miller III, Esq. Secretary Blake Rizzolo, Esq. Treasurer Kristianna Soto, Esq. Members at Large Leland Garvin, Esq. Michael Lehnert, Esq. Kayla Richmond, Esq. Judicial Liaisons Hon. Robert Branning Hon. Devin George

YLD President Kati Cook, Esq. YLD Vice President Iman Zekri, Esq. Treasurer Zach Liebetreu, Esq. Secretary Madalyn Moorey, Esq. Board Members Gabriel Arbois, Esq. Stephen Dwyer, Esq. Rochelle Pitts, Esq. Gary Rhodes III, Esq. Cameron Sadighi, Esq. Kelly Tackett, Esq.

President Gary Rhodes III, Esq. Vice President Raychel Thomas, Esq. Treasurer David Seitz Secretary Asma Anwar, Esq. Directors G. Travis Cary, Esq. Lance Dunford, Esq. Andre Eaton, Esq. Casey Gartland, Esq. John "JT" McGee, Esq. Brendan Shearman, Esq. LCBA Liaison John Miller III, Esq. Director/YLD Liaison Andrew Koehler, Esq. Emeritus Ryan Downey, Esq.

COMMITTEE CHAIRS Bench-Bar Gala Diana “Dawn” Maselli, Esq. Health and Wellness Hon. Kimberly Davis Bocelli Ashley Kogan Weed, Esq. John Miller, III, Esq. History Hon. Jenna Persons-Mulicka E. Bruce Strayhorn, Esq. Megan Strayhorn, Esq. Law-Related Education T. Rankin Terry, Jr., JD, LLM Law Week Hon. Michael McHugh

LCBA Foundation Charity Golf Tournament Ryan Downey, Esq. Andrew Koehler, Esq. Mock Trial Maria Alaimo, Esq. Paralegal Annie Migliore, FRP Pro Bono Andrew Banyai, Esq. Peter Dennis, Esq. Mental Health Initiative Committee Holly Cosby, Esq. Diana “Dawn” Maselli, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. Alexandra Kleinfeldt, Esq. Criminal Law Asma Anwar, Esq. Clark Cary, Esq. Elder Law Lisa Gelman, Esq. Blake Hampton, Esq. Family Law Katherine Camadeco, Esq. Magistrate Christopher Whitney General Civil and Business Litigation Joel Hyatt, Esq. Kara Jursinski Murphy, Esq.

Immigration Law Pablo Hurtado, Esq. Intellectual Property Law Mark Nieds, Esq. Land Use and Governmental Law Zachary Liebetreu, Esq. Real Property, Probate and Trust Law Peter Knize, JD, LLM Kenneth Kemp, Esq. Robbie Merriman II, Esq. Solo & Small Firm Conor Foley, Esq. Tort Litigation Diana “Dawn” Maselli, Esq.

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EXECUTIVE DIRECTOR'S LETTER

The Summer Forecast Summer looks a little different to me this year, and that is a good thing. The forecast calls for a series of heartwarming personal milestones, and it’s raining opportunities for connection, sponsorship and leadership in the Lee County Bar Association (LCBA).

This July I am getting married! Planning events for the LCBA is fun, but planning your very own wedding is a whole different world of stress – and much more expensive. We are getting married at an Irish pub and I am wearing custom Chuck Taylor high top sneakers; I love to break traditions and am always thinking outside of the box!

Enough about me though, and onto the plans we have coming up for the LCBA and our members.

We always try to slow down for these months so you can take vacations and not miss anything we have going on. With that being said, we have our annual State of the Florida Bar Luncheon in August, and this year, Paige Greenlee, Esq., Florida Bar president-elect, will be coming down to share her journey from lawyer to leader and her plans for the Florida Bar during her term. You do not want to miss out on that luncheon; it always boasts a great crowd, which means a great time to network and see friends!

We are also working on our Annual Bench Bar Gala and are quite excited about it! Be on the lookout for the save the date and sponsorship opportunities. As a reminder, without sponsors, we cannot host the events we host!

Speaking of sponsorship opportunities, sooner than later, I will be releasing our annual sponsorship opportunities for 2027.

We would love to have YOU listed with our amazing annual sponsors (see page 49 for current sponsors)! Lastly, if you are interested in getting involved on a leadership level with the LCBA, please contact me. I would love to chat with you about how we can make that happen!

As always be sure to check out our website, Facebook and my weekly e-newsletter for what is happening with the LCBA and Lee County’s legal community. Enjoy your summer!

Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102 8 LEEBAR.ORG

The only print publication for legal professionals in Southwest Florida, Res Gestae is the official award-winning publication of the Lee County Bar Association, which has served citizens and the legal community since 1949.

STAFF Publisher Teri Hansen, APR Advertising Account Executive Ed Kitsos Co-Editors Jada Bigord Olivia Orth Editors In Law Hon. Kathy Smith Lauren Baugh Creative/Art Director Christi Finger Graphic Designer Lynsey Gill Contributing Writers Asma Anwar, Esq. Lauren Baugh Joel Hyatt, Esq. Kara Jursinski Murphy, Esq. Carlos Kelly, Esq. Andrew Koehler, Esq. Henry Lee Paul, Esq. John Webb, Esq. Contributing Photographers Café of Life Evoke Studio Jim Jett Photography Law Office of Jursinski & Murphy, PLLC Res Gestae is an award-winning magazine published monthly by Priority Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to rgeditor@prioritymarketing.com. To advertise, contact Ed Kitsos at (239) 267-2638 or rgsales@prioritymarketing.com. For billing inquiries, call (239) 334-0047.

We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or Priority Marketing.

The LCBA does not endorse, favor or represent any particular firm, individual, or organization featured on the cover of the publication. Sponsored placements are indicated as such upon publication. Opportunities for inclusion in the magazine cover package are available to all members of the LCBA. For more information, please contact rgsales@prioritymarketing.com.

Copyright©2026 Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact Lee County Bar Association at info@leebar.org.

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SAVE THE DATE Plan ahead with these special LCBA events to note for your calendar.

All dates are subject to change, and any updates will be posted on LeeBar.org.

JULY 2026 3 I ndependence Day - LCBA and courts closed 9 Criminal Law Section Happy Hour

Time: 5:30 to 7 p.m.

Location: The Corral Cost: FREE to all LCBA Members with registration See flyer on page 52 for full details!

10 RPPTL Virtual Brown Bag

Time: Noon to 1 p.m.

Speaker: Frank Murphy, Esq. Topic: Elective Share: Practical Aspects

10 -11 FL Bar Voluntary Bar Leaders Conference

AUGUST 2026 7 Y LD Junk Food with Judges

Time: Noon to 1 p.m.

Location: Lee County Justice Center Courtroom 2B Cost: FREE for all YLD Members Only See flyer on page 35 for full details!

14 Federal Magistrate Judge Kevin Huguelet Investiture Full details to be emailed out soon!

14 RPPTL Virtual Brown Bag

Time: Noon to 1 p.m.

Speaker: Matt Hoschstetler, Esq. Topic: Estate Planning for Ranches and Legacy Landholdings

20 ADR Virtual Lunch & Learn

Time: Noon to 1 p.m.

Speaker: Carlos Kelly, Esq. Topic: How to Achieve Success as a Mediator, or What Are Lawyers Looking For?

21 State of the FL Bar Luncheon

Time: 11:30 a.m. to 1 p.m.

Location: LCJC - Courtroom 1A Speaker: Paige Greenlee, Esq. Topic: From Lawyer to Leader See flyer on page 28 for full details!

SEPTEMBER 2026 7 Labor Day - LCBA and courts closed 10 LEEBAR.ORG

10 Foundation Wine Tasting

Time: 5:30 to 7:30 p.m.

Location: FineMark Bank & Trust College Parkway

11 RPPTL Virtual Brown Bag

Speaker: Lester Law Topic: TBA

11 Rosh Hashanah - LCBA and courts closed 17 ADR Virtual Lunch & Learn Time: Noon to 1 p.m.

Topic: Forensic Accounting Speaker: Veronica Fiuza, CPA

17 Family Law/Criminal Collab Lunch & Learn Time: Noon to 1 p.m.

Location: LCJC-CR TBA See flyer on page 53 for full details!

19 YLD Wills for Vets Pro Bono Clinic

Time: 9 a.m. to 1 p.m.

Location: Department of Veterans Affairs - Cape Coral See flyer on page 31 for full details!

21 Yom Kippur - LCBA and courts closed

OCTOBER 2026 9 R PPTL Virtual Brown Bag

10 LCBA Annual Bench Bar Gala: "Golden Hour"

Time: 6 to 9 p.m.

Location: The Veranda See flyers on pages 14-15 for full details!

15 ADR Virtual Lunch & Learn

NOVEMBER 2026

11 Veterans Day - LCBA and courts closed 13 RPPTL Virtual Brown Bag 13 YLD Community Connection Project 19 ADR Virtual Lunch & Learn 20 Membership Luncheon (Topic TBA) 26-27 Thanksgiving - LCBA and courts closed

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ETHICALLY SPEAKING

By Henry Lee Paul, Esq.

District Court of Appeal Reaffirms

REFERRING ATTORNEY CAN BE DISCHARGED

of the contingency on the first settlement, the plaintiff fired Frexes and hired another attorney to serve as co-counsel for the remaining claims.

Frexes filed a charging lien to protect her claim to additional fees.

Frexes took the position that she could not be fired because she was only a referring attorney and was not co-counsel. Frexes claimed that she was entitled to 25% of all future settlements.

Frexes further claimed that she was entitled to the contractual fee, and that quantum meruit was not applicable.

Another District Court of Appeal reaffirmed the right of a client to discharge a lawyer with or without cause at any time. It further confirmed that the appropriate compensation for the discharged lawyer is the modified quantum meruit method articulated by the Supreme Court in Rosenberg v. Levin, 409 So. 2d 1016 (Fla. 1982).

In Virgin v. Frexes, 3D24-1399 (Fla. 3d DCA 2026), the court issued an opinion in somewhat novel circumstances. The case involved a fatal plane crash. A widow of a casualty of the crash contacted her aunt, Ms. Frexes, for legal guidance. Frexes referred the case to an experienced aviation law firm, and the parties signed a contract that disclosed a 25% “referral” fee to be paid to Frexes. The fee agreement complied with Rule 4-1.5 and required Ms. Frexes to assume joint responsibility for the representation.

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

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In this case, a wrongful death lawsuit was filed against multiple defendants. As the case progressed, a settlement against one of the defendants was agreed to, and the closing statement reflected 25% of the fee to be paid to Frexes. Additional claims remained pending. The plaintiff objected and claimed she was unaware that her aunt would receive a percentage of the fee. Although Frexes received the 25% portion

The charging lien was litigated for several years after a subsequent settlement. After a four-day bench trial, the trial court agreed with the position taken by Frexes and awarded her the contract value of the subsequent settlement. The trial judge further ruled that a referring attorney cannot be discharged, and that quantum meruit applied only if the referring lawyer was suspended or disbarred.

On appeal, the District Court authoritatively rejected the position taken by Frexes. The court affirmed the long-established policy in Florida that “a client can discharge his attorney – with or without cause – at any time.” The court further emphasized that Florida does “not follow a pure referral model…. Instead, the Rules Regulating The Florida Bar adopt a different model – one imposing ongoing obligations to the client.” The court noted that a referring attorney is not a “mere middleman” but instead has a full fiduciary duty to the client.

The court remanded the case so the trial court could make a determination of quantum meruit.

The District Courts of Appeal in Scherer v. Austin, Roe, Basquil, P.A., 325 So. 3d 175 (Fla. 2d DCA, 2021) and Katz v. Frank, Weinberg & Black, P.L., 268 So. 3d 773 (Fla. 4th DCA, 2019) have also strongly affirmed the policy as stated in the Frexes opinion.

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LCBA’s All-Star Roster Features Aloia | Roland | Lubell

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SPONSORED CONTENT

The Lee County Bar Association (LCBA) has an all-star roster of members, and Fort Myers firm Aloia Roland Lubell is just one of many top-tier players in our region.

qualify. They also must document case experience, completing a certain number of complex contested cases or trials within a set period, as either lead counsel or second chair.

Like all outstanding law firms, Aloia Roland Lubell’s team of 10 attorneys is committed to client advocacy. They fight for justice in multiple practice areas, including personal injury, real estate, civil/commercial litigation, business disputes and family law.

Once the requirement for trial experience is met, attorneys must also undergo a peer review and take the Board Certification exam, a six-hour exam requiring months of preparation. The resulting certification signifies an uncommonly high level of expertise.

Naturally, providing compassionate and results-driven legal services is the firm’s primary mission – and they have the impressive stats to prove their success –, but what stands out most is the team’s stellar commitment to cultivating expertise, providing mentorship and giving back to the community.

“Going through the rigorous board certification process makes you a better trial lawyer. The intense bar-exam-like study that is required provides even the most experienced trial lawyer with a wealth of information to add to his or her toolbox,” adds Evan Lubell, senior partner at Aloia Roland Lubell.

Cultivating Expertise One of the things that sets Aloia Roland Lubell apart from the crowd is their two board certified senior partners, Evan Lubell, Esq., and Ty Roland, Esq. Only 7% of attorneys in Florida are board certified, and less than 2% are board certified in civil trial law. Lubell and Roland are both part of this elite group.

The requirements for board certification are rigorous. First, attorneys must have been in practice for at least five years and have substantial involvement in their specialty field to

Furthermore, board certification is not permanent. Attorneys must be recertified every five years by demonstrating continued compliance with stringent standards, including obtaining a significant number of Continuing Legal Education (CLE) hours to maintain certification.

Roland and Lubell are also longstanding members of the American Board of Trial Advocates (ABOTA) Southwest Florida Chapter, a prestigious professional organization for trial lawyers and judges. Each of them has served as president of the Southwest Florida Chapter of ABOTA and both have been recognized by the organization as Trial Lawyer of the Year.

JULY & AUGUST 2026 17

currently serves as a director on the YLD board. She follows in the footsteps of Katherine Camadeco, Esq. who is a past president of YLD. Camadeco also previously served as a board member of the LCBA Foundation, is currently chair of the LCBA’s Law Week “Law in the Mall” event and co-chair of the LCBA Family Law Section.

Additionally, Lubell is an active member of the Florida Justice Association (FJA), where he serves on FJA’s political action committee and speaks with candidates running for office about issues and potential legislation that are important to the community.

The firm’s culture of professional development extends to the greater legal community, as well. For example, Lubell and Roland have presented seminars for the LCBA’s solo practitioners, sharing their expertise in trial law with colleagues outside of the firm. They also provide individualized support for their fellow LCBA members who have less experience with handling serious injury or death cases, supporting them from intake through jury trial.

Professional Mentorship

Community Support

With these legal all-stars at the helm, Aloia Roland Lubell is cultivating the next generation of legal professionals.

Since Aloia Roland Lubell opened its doors in 2004, being a legal all-star has extended beyond the firm’s four walls and into the community.

Senior Partner Frank Aloia Jr. applauds at Community Cooperative's 23rd Annual Sam Galloway, Jr. & Friends Soup Kitchen Benefit.

“We don’t throw our associates into the fire,” said Lubell.

“Learning through mistakes is part of being a lawyer, but if we can train our attorney’s the right way, those mistakes will be few and far between.”

The attorneys know they can come to the senior partners with fresh ideas and can expect experienced guidance and support. The firm upholds open-door and ‘no stupid question’ policies, encouraging attorneys to think outside the box to brainstorm creative ideas and strategies.

“We have a very strong mentoring program here for young attorneys,” adds Lubell. “We’re teaching them, but not holding their hands.”

The firm also encourages active involvement in professional organizations. Most of the firm’s attorneys – including co-founder Frank Aloia, Jr. – have been members of the American Inns of Court Calusa Chapter, an organization of legal professionals who gather monthly to improve skills and promote professionalism; Roland previously served as president of the organization.

Several of the firm’s attorneys are also part of the LCBA's Young Lawyers Division (YLD), including Rochelle Pitts, Esq., who 18 LEEBAR.ORG

“Frank [Aloia] is a third-generation Fort Myers native, and his father was a member of the Florida Bar for more than 50 years as an attorney,” said Lubell. “So, Frank has deep roots here, and there’s always been a commitment to giving back. As long as I’ve been with the firm, we’ve always been consistently involved in the community.”

One of the firm’s most notable contributions was prompted by the unfortunate death of a local high school athlete, Zach Martin, whose mother works in the firm’s title company. Martin died from overheating during football practice, and knowing the tragedy could have been prevented with simple measures, the firm played a critical role in reforming Florida law to protect young athletes with better guidelines for Florida High School Athletic Association (FHSAA) schools. Today, thanks to the tireless advocacy of Martin's mom, Laurie Giordano, with an assist from the firm, schools are now required to provide cold water immersions to cool athletes down, water breaks, wet bulb globe thermometers (that measure

SPONSORED CONTENT fight against food insecurity in Southwest Florida. Aloia is the former chairman of the board for the Thomas Edison & Henry Ford Winter Estates, Inc. and current school board member for Bishop Verot High School. Partner Stephen Dommerich is active in the Rotary Club of Fort Myers and Partner Jonathan Martin is a Florida state senator representing District 33 (Lee County). Senior Associate Denise Molina-Vel is a member of the Hispanic National Bar Association and Phi Alpha Delta Law Fraternity International, while Senior Associate Diego Gil, a U.S. Navy veteran, is a former board member for Warrior Homes of Collier.

Managing Partner Ty Roland presents a check at the Aloia | Roland 2024 Fish Like MADD Tournament.

heat and humidity) and other preventative measures to protect athletes from the dangers of overexertion in the hot Florida climate.

The firm also extends its support to Valerie’s House, an organization that has a personal meaning to Pitts, who tragically lost her fiancé in 2020. Roland serves on the nonprofit’s board of directors, supporting their mission to provide a loving, supportive community where grieving children and families can come together to find hope and support in Southwest Florida.

Roland leads the firm’s efforts to present the popular Fish Like MADD tournament every year on Fort Myers Beach, raising funds to prevent drunk and drugged boating and driving. The firm is also the former Business Partner of the Year with the Foundation for Lee County Public Schools.

“We have a lot of people in our firm who care deeply about these organizations and the community in which we live and raise families,” adds Lubell. “Giving back might be good for business, but it’s personal to us. Thoughtful, authentic engagement with the community is part of being a great lawyer. Our team members have a direct connection to the causes we champion.”

Founder Frank Aloia is a longtime contributor to the Bobby Nichols Fiddlesticks Charity Foundation and serves on the board of Community Cooperative. He and Roland, a former board member, have both been involved in Community Cooperative’s

Evan Lubell dunks into a cold water immersion tub in support of the Zach Martin Memorial Foundation's Cold Tub Challenge.

Evan Lubell following cold tub immersion in support of the Zach Martin Memorial Foundation's Cold Tub Challenge.

JULY & AUGUST 2026 19

LEGAL LENS

Law Week

An All-Star Opportunity to Shine Each year, the Lee County Bar Association (LCBA) celebrates Law Week with a variety of events that bring the community together. We hosted another successful Wills for Cops Pro Bono Clinic on April 25 and our annual Law Week Awards Luncheon on May 1. LCBA members and special guests gathered at the Riverside Community Center for the awards luncheon, where we honored local community all-stars!

The LCBA presented the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education Award to Cypress Lake Middle School social studies teacher Bill Stansell, and we honored the following Law Enforcement Officers of the Year: • Lee County Sheriff's Office Detective Mackenzie More • Fort Myers Police Department Detective Vincent Doyle • Cape Coral Police Department Officer Alfonso Rodriguez • Sanibel Police Department Officer Christofer Chiappy The Liberty Bell Award went to The Honorable John S. Carlin (awarded posthumously), and a special surprise award — Judicial Assistant of the Year — went to Beth Nichols.

Finally, Lee County Association of Women Lawyers honored The Honorable Tara Paluck with a Judicial Appreciation Reception during Law Week.

Congratulations to the award-winners, and thank you to everyone who participated and our sponsors: Judicial Assistant of the Year Award: CopyLady, Inc. LCBA Officer of the Year Awards:

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Boy Agnew Potanovic PLLC - Sanibel Police Department Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. – Lee County Sheriff's Office Peter Henn, Northwestern Mutual Bouchard Financial Group – Fort Myers Police Department Powers & Rogers PLLC – Cape Coral Police Department LCBA Liberty Bell Award: Kelly L. Fayer

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LCBA Dr. James Adams Lee County Teacher of the Year Award: Lehnert Law

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1. FM Mayor Kevin Anderson, FMPD Captain Nichole Greene, FMPD Chief Jason Fields, Peter Henn, FMPD Captain Gloria Camacho, FMPD Deputy Chief Richard Meeks, FMPD Captain Walter Mitchell II, FMPD Lieutenant James Langton, FM City Councilwoman Teresa Watkins-Brown and FM City Manager Marty Lawing 2. 6th DCA Judges Paetra Browlee and Mary Alice Nardella, FL DOE Commissioner Stasi Kamoutsas, 6th DCA Judge Roger Gannam, Superintendent Dr. Denise Carlin and sons John and Tyler Carlin 3. William Ribble Jr., Armor Persons, Debbie Jordan, Bill Stansell, Amanda Stansell, FL DOE Commissioner Anastasios Kamoutsas, Superintendent Dr. Denise Carlin, Jada Langford Fleming and Sam Fisher 4. Dan Detrick, Lauren Baugh, Tyler Carlin, Liam Nichols, Beth Nichols, Bailiff Topper, Superintendent Dr. Denise Carlin, John Carlin Jr. and Cynthia Duff 5. Tyler Carlin, Beth Nichols, Superintendent Dr. Denise Carlin and John Carlin Jr. 6. S anibel City Manager Dana Souza, John Agnew, Officer Christofer Chiappy, Sanibel Police Department Chief William Dalton, Sanibel Councilwoman Holly Smith and Sanibel Mayor Mike Miller 7. Judge Kimberly Davis Bocelli, 6th DCA Judges Paetra Brownlee and Mary Alice Nardella, Joy Gannam and DCA Judge Roger Gannam 8. Public Defender Kathy Smith and Emily Hendrixson

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9. LCSO narcotics team with Andrea Smith 10. Andrea Smith, Kristianna Soto, Kara Rogers and Kelly Fayer 11. Cynthia Duff, Dan Detrick and Doug Molloy

JULY & AUGUST 2026 21

THE CARLOS CHRONICLES

By Carlos A. Kelly, Esq.

Meet The Honorable CAROLYN D. SWIFT Judge Carolyn D. Swift grew up in Fort Myers and is a graduate of Bishop Verot High School. After obtaining her bachelor’s degree, cum laude, from Tulane University, and then her juris doctor, magna cum laude, from Tulane University College of Law, she returned to Southwest Florida to practice law with Henderson, Franklin, Starnes & Holt, P.A. Judge Swift, who earned a board certification in marital and family law, sits on the Family Division bench in Lee County. Before she joined the Family Division, she presided over Lee County’s Unified Family Docket for five years.

This article was lightly edited for length.

22 LEEBAR.ORG

Q A &

With

C A R O LY N D . S W I F T

Q: What are two pet peeves you have as a judge?

A: Lawyers being unprepared and being rude to opposing counsel or the opposing party.

Q: Give me an outstanding example of Q: W hat made you want to become a lawyer?

A: When I was in high school, I participated in the Monday Group. Every other Monday, the Monday Group would explore our community and local issues. I became interested in environmental concerns, and becoming a lawyer seemed like a good way to advocate for those issues.

Q: What was your practice area?

A: I was hired as a workers’ comp lawyer, but I ended up joining Henderson Franklin’s tort and insurance department, where I worked with Mike Corso, Esq. I practiced in that field for a year and a half and was fortunate to sit second or third chair in major litigations. I transitioned to family law because I really appreciated the opportunity for the person-to-person interaction with clients.

Q: W hat made you want to become a judge?

A: As I was practicing family law (first at Henderson Franklin, and later with Luis Insignares), I became interested in serving a wider population and serving a greater need in the community than I could in private practice.

I became a general magistrate in 2012 and served for six and a half years. I resigned to run for the circuit bench, without opposition, in 2018 to fill the vacancy created when Judge Duryea retired.

I was re-elected in 2024 without opposition.

professionalism that you’ve seen recently.

A: I had a trial set for two days; the lawyers initially asked for four days. The lawyers worked well as opposing counsel, narrowed the issues, and we tried it in a single day.

Q: Any pro tips for lawyers appearing in front of you?

A: Be prepared. Use your time wisely. Talk to the other side beforehand. Prepare your client for court — it’s not cheating to get your client ready for your questions.

Q: What’s one piece of advice you have for new lawyers?

A: Work hard, but have a work-life balance; protect your integrity and reputation.

Q: What do you do for fun in your spare time?

A: We travel, and both my kids have been very involved in sports. We enjoy participating in that!

We also follow Syracuse and are really glad that Gerry McNamara has returned!

Q: What’s your favorite place to visit?

A: The Cayman Islands. We try to go there once a year. We’re going again this summer. Last summer, our kids brought their friends, which was really fun.

Carlos A. Kelly, Esq., is a business and real estate trial lawyer at Henderson, Franklin, Starnes & Holt, P.A., where he clerked as a rising 3L in 1996 and has practiced since graduating from Emory Law School in 1997. He’s held a variety of leadership positions at Henderson Franklin, and he enjoys mentoring new lawyers.

JULY & AUGUST 2026 23

LEGAL LENS

Golf Tournament Recap

G

LFING

for the Greater Good On May 15, the Lee County Bar Association Foundation held its annual charity golf tournament, which raises money to benefit its grant program, which supports several nonprofit organizations throughout Southwest Florida. This fun tradition brings the community together with golfing, lunch, silent and live auctions, and more!

Special thanks to the following sponsors for making this event possible: Golf Cart Sponsor Dickman Law Group Bloody Mary Sponsor John Webb Legal Group Breakfast Sponsor Pavese Law Firm Ball Sponsor Red Sox Foundation Award Sponsor Henderson, Franklin, Starnes & Holt, P.A. Hole-in-One Sponsor Sam Galloway Ford Game Hole Sponsor Frantz Marketing Solutions

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Hole Sponsors All Florida Mediation Boatman Ricci Breezy Cold Brew Casey Gartland of Kogan & DiSalvo Personal Injury Lawyers Diamond Court Reporting Knott Eblini Hart LCBA Foundation in honor of Jeffrey Garvin Pope Mazzara & Menendez, PLLC Seitz Law University Orthopedic Care US Legal Support Wally's Deli Platinum Sponsors Absolute Law Law Office of Spencer Cordell, P.A. Edison Lunchbox Hahn Loeser & Parks LLP Photography Sponsor Jim Jett Photography

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1. Justin Fritz, David Seitz and Lori Bundy 2. Peter Henn, Jay McDuffee, Dennis Pyetsukh and Corey Orlando 3. Raychel Thomas, "JT" McGee, Gary Rhodes Jr. and David Seitz 4. Kevin Shea, Diego Gil Jr., Rochelle Pitts and Evan Lubell 5. Tylan Ricketts, Jonathan Huffman, Zachary Pearlman, and Alex Rabinowitz 6. Raychel Thomas, "JT" McGee, Lance Dunford, JR Helfrich, David Seitz, Madalyn Moorey and Ryan Downey 7. Philip Howard, Meredith Canter and Ken Jones 8. Randall Austin, John Miller III, Ryan Murray and Mark Yeslow 9. D avid Frantz, Cameron Sadighi, Scott Westphal and Brandon Sadighi 10. P atrick Boland, Brian Riley, Chelsea Maukonen and Blake Rizzolo 11. Andrew Banyai, Michael Rich, Mike Quintero and John Webb

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12. Josh Leppo, Samantha Encalada, Jarred Duke and Justin Adams 13. Dawn Maselli and Casey Gartland 14. John Webb and David Fineman

JULY & AUGUST 2026 25

PRACTICE SECTION

C

26 LEEBAR.ORG

By Asma Anwar, Esq.

our olonial roots

The Foundational Impact of the Boston Massacre Criminal Trials As we celebrate 250 years of independence this year, it is important to look at one of the formative events that laid the foundation for adopting the Declaration of Independence in 1776: the Boston Massacre and the trials that followed. The clash between colonists and British soldiers on March 5, 1770, resulted in several civilian deaths and the people wanted the British soldiers to be hanged. The trials that followed laid the foundation for self-governance and the jury trial as we know it today.

Right to Counsel and Reasonable Doubt When no one would represent Captain Thomas Preston and his soldiers, none other than John Adams agreed to provide representation along with other counsel, including Josiah Quincy.

As defense counsel, who were not paid, they faced pushback from both the public and their own families. Quincy’s father urged him to change his mind about representing the British. John Adams’ second cousin, Samuel Adams, even sat behind the prosecution table and advised them during the trials.

Most notably, this trial was the first time in what would soon become America that the concept of proving guilt beyond a reasonable doubt was considered.

Conflicts and Jury Selection Today’s criminal defense attorneys would likely find conflict in representing both Captain Preston and his men. They were co-defendants facing the same charges. The captain’s main defense was that the soldiers acted independently, and the soldiers could argue they were simply following orders. Ultimately, the soldiers claimed they shot in response

to an attack and successfully claimed selfdefense. The issue in a present-day trial may be the force used: guns in the face of snowballs, clam shells, clubs, etc.

Modern day jury selection may have resulted in a very different jury composition as well.

Captain Preston’s jury included his friends and acquittances. One juror was excused because he thought God's words to Noah had to be followed. It was crucial to get a jury that would only be guided by evidence, not religious beliefs.

When it came to the soldiers, none of the jurors were from Boston; they were all from surrounding towns. This ensured the jury that was not tainted by negative rhetoric flooding the streets of Boston.

Eyewitness Testimony, Perjury and Dying Declarations Over 80 witnesses testified in the Boston Massacre trials. Disparities in the testimony contributed to not guilty verdicts for Captain Preston and all but two of the soldiers. Dr. John Jeffries testified that one of the victims on his deathbed told him the soldiers fired in self-defense. Hearsay is probably the bestknown and common trial objection. However, there was an exception for dying declaration — which is still available to lawyers today with the proper foundational showing.

In giving the British a fair trial with a jury made up of locals, it was clear that the colonists could govern themselves. This was one step of many that led to the adoption of the Declaration of Independence on July 4, 1776.

As we celebrate 250 years of independence, we should not forget this seminal trial.

[1] The Boston Massacre’s Role in the American Revolution, PBS American Experience, https://to.pbs.org/amrevpbs.

[2] Christopher Klein, Why John Adams Defended British Soldiers in the Boston Massacre Trials, HISTORY, https://www.history.com/ articles/boston-massacre-trial-john-adams-dan-abrams.

[3] Kevin A. Findley, Finding the Original Meaning of American Criminal Procedure Rights: Lessons from Reasonable Doubt’s Development, 10 U.N.H. L. Rev. 97 (2012).

[4] The Boston Massacre Trials with Bob Allison and Jonathan Lane, Revolution 250 Podcast (2020), https://revolution250.buzzsprout. com/1336051/episodes/6422053-the-boston-massacre-trials-with-bob-allison-and-jonathan-lane.

[5] Kevin A. Findley, Finding the Original Meaning of American Criminal Procedure Rights: Lessons from Reasonable Doubt’s Development, 10 U.N.H. L. Rev. 97 (2012).

[6] Bob Allison & Jonathan Lane, The Boston Massacre Trials with Bob Allison and Jonathan Lane, Revolution 250 Podcast (2020), https://revolution250.buzzsprout.com/1336051/episodes/6422053-the-boston-massacre-trials-with-bob-allison-and-jonathan-lane.

Asma Anwar, Esq., is the LCBA criminal law practice section co-chair and a director of the LCBA Foundation. She is an experienced trial attorney serving as an assistant federal public defender in the Middle District of Florida.

JULY & AUGUST 2026 27

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Which sports team do you root for and why?

I'm from Cleveland, so I'm a big fan of all Cleveland sports teams (especially the Cavs) and my alma matter, The Ohio State University. But this summer, I'm all in on the USMNT at the World Cup on home soil. Weston McKennie will score at least 2 goals — you heard it here first!

What is your favorite hobby, and why do you like it?

I play soccer every week. It's my main form of exercise, clears my mind and gives me time to see some long-time friends. My son, who is 16, is now old enough to play with our group, so it's also another opportunity to spend time with him.

Tell us a story if you have attended the World Series, Super Bowl, FIFA World Cup, Olympics, PGA/Masters, etc.

My wife and I went to the World Cup in Brazil in 2014. We were in Natal and Recife in the Brazilian Northeast, rented a car and stayed at various beach towns in between both cities for two weeks. We watched five games, including USA-Ghana and USA-Germany. It was amazing!

What is your favorite family tradition and why?

Our Christmas tradition is for our large extended family to all get together, and we open presents at midnight. The kids all stay up and are excited to count down the clock until they can open their presents. Always a ton of fun.

Do you drive a cool classic car? Are you a biker?

What’s your mode of transportation and why?

I drive an old minivan, but I have a nice specialized mountain bike that I take to Caloosahatchee Regional Park with my kids to do some Florida mountain biking whenever we can!

JULY & AUGUST 2026 29

PRACTICE SECTION

By Joel Hyatt, Esq., and Kara Jursinski Murphy, Esq.

The Crecelius Decision

Elimination of the Subjective Binger Analysis

The recent en banc decision by the Sixth District Court of Appeals in Crecelius v.

Rizzitano1 has significantly reshaped Florida law governing late-disclosed witness and expert opinion testimony. Given the Court’s upending of the oft-cited Binger analysis, the Crecelius standard will likely become one of the most consequential Florida procedural decisions of the last several years for commercial litigators.

Kara Jursinski Murphy, Esq., and Joel Hyatt, Esq., are the general civil and business litigation practice section chairs for the Lee County Bar Association.

Jursinski Murphy, firm partner at the Law Office of Jursinski & Murphy, is a board-certified specialist (B.C.S.) and expert in real estate by the Florida Bar. She earned her LL.M degree in real property development from the University of Miami and graduated from Florida State University College of Law with her juris doctor and her B.A. from the University of Florida.

Hyatt is a partner at Hahn Loeser and earned his juris doctor from the University of Florida Levin College of Law and his B.A. from Pennsylvania State University.

30 LEEBAR.ORG

The Honorable Judge Kyle issued the original opinion, which has set in motion a litigation shakeup around the state. Fifteen days before the trial was scheduled to begin, a hearing on a motion to strike defendant’s experts was held. The motion to strike asserted the witness disclosure was made beyond the deadline set forth in the court’s case management order. Finding that there was no excuse for the untimeliness of the disclosure and that the plaintiff would be prejudiced by the defendant’s abilities to proceed with such opinions, the Honorable Judge Kyle granted plaintiff’s motion.

The Sixth District Court of Appeals, in a 31-page opinion, issued an indictment on the everexpanding application of Binger and a perceived abuse of the standard since the issuance of the Binger opinion in 1981. The Crecelius Court concluded that other district courts had expanded Binger far beyond its original holding

by examining nearly every late disclosure issue through the lens of “prejudice” and “surprise.”

According to the Sixth District, that approach undermined trial courts’ authority to enforce scheduling orders and case management deadlines.

Importantly, the court tied its reasoning to recent amendments to Florida Rules of Civil Procedure, which now require case management deadlines to be “strictly enforced.” The Sixth District viewed those amendments as consistent with its interpretation that compliance with scheduling orders is central to the efficient administration of litigation. The court certified conflict with multiple prior district court decisions, making Florida Supreme Court review probable.

Simply, the Crecelius decision seeks to end the subjective analysis of whether to permit the testimony of a late disclosed witness, providing more certainty to litigants. For Florida litigators, the immediate takeaway is clear: expert disclosure deadlines (or any deadline for that matter) should now be treated as a hard deadline rather than a flexible scheduling target. Attorneys who delay in furnishing expert disclosures and reports may face exclusion with far less appellate protection than previously assumed.

Crecelius v. Rizzitano, 6D2024-2217 (Fla. 6th DCA February 27, 2026).

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Please join the Lee County Bar Association in welcoming these newest additions to our membership rolls.

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KEVIN SARLO, ESQ. Lee County Legal Aid Society

LUIS CORTINAS, ESQ. Roetzel & Andress

STEVEN SUNDOOK, ESQ. Sundook Mediation

DIEGO GIL JR., ESQ. Aloia Roland Lubell PLLC

CASSIDY THOMSON, ESQ. LCS Law LLC

JASMINE HECKERMAN Student at Florida SouthWestern State College

ALAN TRIVETT, ESQ. Alan B. Trivett PA.

JENNA KAKLEY, ESQ. All Injuries Law Firm

TED WALTERS, ESQ. Porter Wright Morris & Arthur LLP

CHITA PARUS, ESQ. Parus Law

JULY & AUGUST 2026 33

COMMUNITY CONNECTION

CARING, SHARING, SERVING Founded in 1998 on Old 41 in Bonita Springs, The Café of Life first began as just that — a café. A couple who was concerned about the homeless population rented a small storefront, where they paired cups of coffee with friendly conversation.

Of the organization’s first clients, many were veterans who were navigating homelessness, a fate that thousands of veterans suffer from nationwide.

The couple worked to help many veterans find jobs, shelter and other means of assistance; eventually, they enlisted the help of volunteers and expanded services to provide hot meals, financial assistance, literacy training and health care.

For The Café of Life, serving the community goes beyond providing basic needs. From ensuring that mothers can provide bicycles for their children to making sure that families have a warm, nutritious meal to enjoy, the Bonita Springsbased nonprofit strives to serve Southwest Floridians in need.

The Café of Life is a faith-based 501(c)(3) nonprofit organization and United Way partner agency that provides daily meal services, community outreach, transportation, women’s life skills, medical care through a semi-monthly partnership with Premier Mobile Health Services, financial and legal assistance, camp sponsorships, scholarships and a children’s music program.

In the last two years alone, The Café of Life has demonstrated a profound impact on Southwest Florida, transforming lives across the Gulf Coast.

49,170

58,356

15,837

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26724 Nomad Drive Bonita Springs, FL 34135

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9201 Cockleshell Court, Unit 5 Bonita Springs, FL 34135

PO Box 367794 Bonita Springs, FL 34136

To learn more about The Cafe of Life, visit CafeofLife.org, call 239-495-9325 or email info@CafeofLife.org.

34 LEEBAR.ORG

JULY & AUGUST 2026 35

THE DISH

By Lauren Baugh

A Fort Myers Original!

Many of us know of The Veranda and its rich history here in Fort Myers, but for those who do not, I dedicate this to you!

The history of how it became what we now see today really is a story that needs to be told.

Back in 1902, Captain Manuel Gonzales and his 5-year-old son built two houses. Gonzales, his son and wife all lived in one of the homes, and his mother lived in the second home. In the late 1960s, the two homes were joined together

by Peter Pulitzer for his “long-time fishing buddy” Fingers O’Bannon. Shortly after this, in 1978, Paul Peden purchased the buildings and transformed them into the restaurant we know today as The Veranda.

Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at LBaugh@leebar.org.

36 LEEBAR.ORG

For many years, The Veranda was the place “to see and be seen” for both lunch and dinner.

However, after COVID-19, they made the decision to stop serving lunch, and despite my constant pleas for them to reopen, I am sadly told that lunch service is not on the horizon. I miss the french dip with potato salad so much! But rather than being sad about that, I am always excited to attend dinners there!

Many of us call our beloved dinner spot Courtroom V, as many attorneys, judges, clients and the like can be seen there. And while in the courtroom many will battle, afterwards, they will all join for a special curated cocktail, a glass of boutique wine or simply sparkling water!

You can have a simple yet elegant dinner there, or you can get married there. The possibilities are truly endless. Each year, the Lee County Bar Association (LCBA) hosts our District Court of Appeal judiciary for a dinner during Law Week at The Veranda, upstairs in a private dining space that comfortably seats 20 or so, and it is something that we all really look forward to.

The beautiful deep rich red carpeting, the historic art hung on the walls and the views onto the courtyard and Second Street are just really quite a sight to behold. They offer a variety of private dining spaces, but the main rooms are quite breathtaking, as well. There are so many elements worthy of praise, like the unique seating, the formal service and the classic upscale menu, but something I must mention that I love very much about The Veranda is the

their dinner service nights (closed on Sundays), but it is also rentable for your special events, whether that is a wedding, a party or, of course, our Bench Bar Gala!

We have hosted our Bench Bar Gala there for a few years, and it is always amazing. The space is quite unique and offers an intimate environment to mingle and get to know each other while enjoying the cuisine of the chefs at The Veranda and our specially-curated cocktails and mocktails.

fresh roses on each and every table, daily. Side story... Every time I visit The Veranda, my favorite busser, Willie, comes over to me and personally hands me a red rose. It is really quite a special touch!

You are hearing it here first: we are once again hosting our Bench Bar Gala at The Veranda this year, and we have chosen the theme “Golden Hour Gala.”

We cannot wait to party this year! The Veranda is so special to so many for so many reasons. (Did you know the Honorable Kathy Smith was married at The Veranda?!) For me, it is special because we can stay true to our roots and celebrate our judiciary at a place that is so original to Lee County!

I cannot write something about this place without making a note about their bread service. They offer some of the most amazing little cornbread muffins and this very unique and most delicious freshly baked (in-house) oatmeal molasses bread, both served with butter and the most delightful sweet-and-spicy southern pepper jelly. It is a must with your meal!

Whether you are out for date night, taking clients for drinks, treating your loved ones to a unique dining experience or partying with your closest legal eagles at our Golden Hour Gala, The Veranda is the place to see and be seen! We hope to see you on Oct. 10 in your best golden cocktail attire! (Sponsorships and tickets are available by contacting LBaugh@leebar.org).

Now, they have the private dining area, the amazing bar setting (a must- see), the general seating area and the most beautifully unique patio space. This space is open to the public on

Some information obtained from VerandaRestaurant.com/Our-History.

VerandaRestaurant.com

2122 Second Street Fort Myers, FL 33901 239-332-2065

Dawn Maselli, John Miller III, Kayla Richmond, Hon. Kimberly Davis Bocelli, Michael Lehnert, Hon. Paetra Brownlee, Hon. Mary Alice Nardella, Hon. Roger Gannam, Joy Gannam, Marylynne LeBlanc, Kristianna Soto, Blake Rizzolo, Superintendent Dr. Denise Carlin, Hon. Lisa Porter and Hon. Frank Porter

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JULY & AUGUST 2026 37

GUEST COLUMN

By John Webb, Esq.

The PROTECT

COLLEGE

SPORTS ACT

On May 27, 2026, a pair of U.S. senators (Republican Ted Cruz and Democrat Maria Cantwell) announced bipartisan agreement on legislation to restore stability to college sports, titled the Protect College Sports Act of 2026. The legislation seeks to provide a comprehensive federal framework for college athletics and is divided into two major titles: (i) protection of student-athletes and fair competition; and (ii) sports broadcasting.

PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION NIL (Name, Image, and Likeness) Rights.

The bill formally guarantees student-athletes the right to earn compensation for their name, image and likeness (NIL). Colleges, conferences and the NCAA are prohibited from (i) restricting the ability of the student-athlete from marketing or earning compensation for the value of the NIL rights or enter an NIL agreement, (ii) restricting the student-athlete’s eligibility for intercollegiate athletic competition, (iii) limiting the eligibility or

opportunity of the student-athlete to apply for or receive grant-in-aid (scholarships), or (iv) blocking their right to hire an agent or legal representative.

Group use of athletes’ likenesses would require each athlete’s consent.

Disclosure and Transparency. Student-athletes must report NIL agreements worth more than $600 in value to their institution within 30 days. Institutions must annually submit anonymized NIL data to their athletic associations, which must then maintain a publicly searchable database to help student athletes estimate fair market values for NIL deals.

Academic Protections. Athletic department employees are prohibited from pressuring athletes to choose specific majors or courses, retaliating against academic choices or blocking student-athletes from internships and campus activities.

Scholarships (grants-in-aid) cannot be revoked based on athletic ability or performance of the student-athlete, injury or illness based on a physical or mental medical condition, or roster management decisions, but can be revoked if a studentathlete transfers to another institution or does not remain in good standing in accordance with the standards or code of conduct of the institution, established athletics program policies for participating in mandatory team athletic activities or academic standards for athletic eligibility. Former student athletes who left without finishing a degree are entitled to return and complete it under the same scholarship terms they previously held.

Health, Medical and Safety Protections. Division I institutions must cover all out-of-pocket medical expenses for sports-related injuries during a student-athlete’s career and for five years after their last competition. A mandatory insurance fund of at least $60 million must be maintained to cover catastrophic injuries, including conditions like chronic traumatic encephalopathy (CTE). Health and safety standards are mandated for concussions, heat illness, rhabdomyolysis, sickle cell trait and asthma. Medical professionals — not coaches — have autonomous authority over return-to-play decisions.

Transfer and Eligibility Rules. Student-athletes may transfer once without any loss of eligibility. A second transfer results in sitting out one year, with exceptions for sport discontinuation, head coach departure, sexual assault by team personnel or pursuit of a graduate degree. Eligibility spans for a maximum of five calendar years, beginning at the start of the regular academic year immediately following the student-athlete’s (i) 19th birthday, (ii) actual high school graduation date, (iii) expected high school graduation date based upon the first year of high school enrollment or (iv) date of enrollment full time at an institution, whichever occurs first. Exceptions to extend the maximum for pregnancy, military service, religious mission or “other periods of absence adopted by rule or bylaw by an intercollegiate athletic association that apply uniformly to all student-athletes” are provided in the bill.

Athlete Agents and Enforcement. Agent fees on endorsement contracts are capped at 5%. Pre-dispute arbitration clauses against student-athletes are prohibited.

Student-athletes have a private right of action to sue for violations, and whistleblower protections are established.

Federal law preempts conflicting state NIL and eligibility laws.

Governance and Representation. At least one-third of the governing boards of intercollegiate athletic associations must be current or recent student-athletes. The bill provides that an

independent Office of the Student-Athlete Ombudsman must be established at each association to provide free, confidential advice and advocacy to student-athletes. In addition, a Congressional Commission on the Future of College Athletics would be established to study and make recommendations on compensation structures, student-athlete welfare and the long-term future of college sports.

SPORTS BROADCASTING The bill creates a targeted antitrust exemption allowing schools and conferences to voluntarily form a covered entity to pool and sell certain college sports media rights, mirroring the antitrust exemption for professional sports leagues.

A covered entity (a joint media rights organization) can be formed if it includes at least 75% of Football Bowl Subdivision (FBS) schools. It must offer membership on fair, nondiscriminatory terms to all Division I institutions. Revenue distribution rules ensure every member school receives at least as much as its best year from 2021–2025, with at least 15% distributed equally among all FBS members.

Institutions receiving media revenue must maintain at least the same number of athletic scholarships for non-revenue sports (including women’s and Olympic sports) as they offered in 2024–2025. Games must be available via at least one free local broadcast option in each school’s home market. The bill also prohibits major conference mergers that would reduce membership below the covered entity's threshold and requires that distributors broadcast non-football/basketball sports rights they acquire — or forfeit them.

While several proposed bills on the topic of college sports have been proposed and previously stalled in Congress, perhaps this bipartisan bill will be the one which becomes law and provides a framework for NIL rights, student-athlete protections and media rights.

John C. Webb, Esq. is the managing attorney at the John Webb Legal Group, P.L., in downtown Fort Myers. The firm provides representation in business litigation, corporate and business law, construction law, real estate law and sports law matters. Webb is the former president of the Lee County Bar Association (2019) and the Lee County Bar Association Foundation (2023), and is a member of the Calusa Inn of Court. Related to the topic of this article, Webb’s article, entitled “The Right of Publicity in Amateur Athletes,” was published in the Texas Entertainment and Sports Law Journal, 18 Tex. Ent. & Sports L.J. 4 (2009), and he has presented on this topic at the Sport Entertainment & Venues Tomorrow Conference hosted by the University of South Carolina.

JULY & AUGUST 2026 39

YOUNG LAWYERS DIVISION

By Andrew Koehler, Esq.

FROM ROOKIE TO CAPTAIN Stepping Up Your Legal Game with the YLD It's an exciting time in sports. Our own southern Florida community will play host to several World Cup matches, the NFL preseason fills fans with renewed optimism and buzz for the 2028 Olympic Games in Los Angeles is already heating up. These sporting events can provide a useful analogy for the young associate who wants to take a thoughtful and active role in their career development.

A new lawyer often starts out like a top draft pick: raw talent, full of promise, but largely untested. And while law schools teach the rules of the game, the problem recent law school graduates face is clear: the speed of play has changed. For members of the Lee County Bar Association (LCBA), the Young Lawyers Division (YLD) is the ultimate training camp. Through the YLD, rookie attorneys adjust to a professional pace of play by getting reps to build their skill set, leaning on the experience of seasoned veterans and setting the foundation to someday lead as a captain.

Andrew Koehler, Esq., is a director for the YLD and serves as a litigation associate practicing corporate defense in product liability and mass tort cases in the Fort Myers office of Faegre Drinker Biddle & Reath LLP.

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Just like you can't learn to hit a fastball by watching tape, reading about the practice of law in a casebook will only get you so far. The YLD offers young attorneys vital repetitions in a low-stakes environment through initiatives like pro bono clinics and CLEs. These opportunities give up-and-coming practitioners the confidence and experience they need to eventually stand out in their field.

The YLD also facilitates mentorship through year-round networking events (because in the law, there is no "off-season"). By building relationships with all-star attorneys in the primes of their careers, new associates organically learn the local roster and pick up useful practice tips. Just as importantly, they build camaraderie with peers who will eventually become referral sources, co-counsels and invaluable sounding boards for years to come.

Finally, those with hall of fame aspirations might consider joining the YLD board for even more leadership opportunities. At many law firms, to make the leap from a reliable player to team captain, an associate must demonstrate true leadership and executive capabilities.

YLD directors show these chops by chairing committees, managing budgets and directing projects — skills that translate directly to firm management.

At the end of the day, a successful legal career is a marathon, not a sprint. The YLD gives young lawyers the fundamentals, conditioning and team support to cross the finish line (and have a good time doing it!). So get off the sidelines, lace up your cleats and join the YLD at its next event. You'll be ready for primetime before you know it.

JULY & AUGUST 2026 41

GUEST COLUMN

For the “Legal All-Star” issue of Res Gestae, we decided to tap into a deep bench of talent within our membership, requesting words of advice from our judiciary. Thank you to all the judges quoted here for answering the call and contributing your All-Star Advice!

“Every human being has a bad day; parties, attorneys, judges and court staff are all included.

Never hold anyone to their worst day, including the litigants. You can tell by a pattern of conduct if someone is just having “one of those” days or if they have a true character flaw. There is a prime distinction between the two, and the faster you can recognize it, the better the outcome for all.”

The Honorable Devin George, Lee County Court, Administrative Judge

“You must handle everything as tactfully as you can, and what you can’t put right, you must try to make as little wrong as possible. For things will never be perfect, until human beings are perfect — which I don’t expect them to be for quite a number of years.” - From Utopia by St. Thomas More “Before criticizing another person, it is wise to walk a mile in his shoes. That way, if he doesn’t like the criticism, you’re a mile away and wearing his shoes.” - Jack Handey, American Humorist The Honorable Shannon McFee, Charlotte County, Circuit Court Judge

“Even though you may be a seasoned attorney, always review the predicate questions of how to lay the foundation to get an exhibit into evidence. Do not discount that there may be nervous energy at trial which causes you to skip a vital step leading to an objection being sustained by the judge."

The Honorable Josephine Gagliardi, Lee County Court Judge

“Always be prepared and know your case before you come to court. If you want me to rule in your favor, make it easy for me. If there is something that you think will help me to reach the decision that you want me to reach, include it.”

The Honorable Joseph Foster, Collier County Circuit Judge, Administrative Judge 42 LEEBAR.ORG

“There is nothing more important in the practice of law than your reputation. Guard it closely.”

The Honorable Russell Kirshy, Collier County Court, Circuit Judge

“Treat all persons involved with courtesy, dignity, respect and humanity. Act with honor, integrity, kindness and compassion.

All concerned in your practice, not just your clients, colleagues and staff, but also your opponents, their counsel and their witnesses, must trust you and respect you. Earn their trust. Earn their respect. That trust and respect will shine through to the judge and jury every time you are in court.”

The Honorable Javier Pacheco, Lee County Court Judge

“At some point in your career, you will likely make a mistake that will affect some aspects of the case you are handling. When that happens, own up to that mistake both with the client and the Court. Even if it is painful, it will give you more credibility in the end and ultimately make you a better lawyer.”

The Honorable Tamara Nicola, Collier County Court Judge

“There are many traits that make an attorney memorable for the right reasons. In my opinion, the most important trait is professionalism. According to one dictionary source, professionalism is defined as ‘the skill, good judgment and polite behavior that is expected from a person who is trained to do a job well.’”

The Honorable Amanda Levy-Reis, Collier County Circuit Judge

“Your reputation is everything — with judges, other lawyers, bailiffs, clerks and everyone you encounter in the legal system. If you are known for your professionalism, honesty and treating others with fairness, your life will be easier and your practice more successful.”

The Honorable James Stewart, Collier County Circuit Judge

“My best advice is to remember the Golden Rule and treat others the way you would want to be treated. Be professional, prepared and precise. Do your best to not take things personally and do not let one client or case define your reputation, especially when you are first getting started.”

The Honorable Gilberto Perez, Lee County Court, Circuit Judge

Tips for Zoom Court: 1. No active driving while in Zoom court. We are witnessing parties, attorneys and even law enforcement officers driving while appearing.

Furthermore, if you are driving in court, at least wear your seatbelt!

2. Make sure that your attire is suitable for court. For an attorney, a jacket would be admirable.

Please no tank tops, sweatshirts or bathrobes. And, if your client is waking up late, please advise your client to take the extra few seconds to put on a shirt. Also, for the attorneys, please be aware that even though you may be dressed appropriately from waist up, if your camera follows you as you move around, please have something on over your boxers.

3. Canoodling in bed with your loved ones is not encouraged.

Likewise, snuggling with your pet is not a professional appearance for an attorney.

4. Counting wads of money, ordering food at McDonalds, drinking beer at a bar and taking the phone into the restroom with video/audio activated are not encouraged. Just go off video/audio!

Hopefully, these tweaks will assist you with maintaining the appropriate professional decorum in Zoom court too! Good luck!

The Honorable Tara Paluck, Lee County Court Judge JULY & AUGUST 2026 43

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MEMBER SPOTLIGHT

THINGS YOU DON'T KNOW ABOUT ME

u Nathan Cochran, Esq. What is your favorite hobby, and why do you like it?

Two of my favorite hobbies are fishing and hunting because they give me a chance to slow down, enjoy the outdoors and spend quality time with family and friends. I enjoy the balance of patience, strategy and discipline involved in both activities.

What attracted you to live and work in SWFL? (If your hometown is SWFL, what do you love most about it?)

Southwest Florida is home, and it has shaped who I am.

My family’s roots here span seven generations, dating back to a time when horse and buggy were a primary means of transportation. That history gives me a deep appreciation for this community and what makes it special. I’m grateful to be with a firm that made it possible for me to return home and build my practice close to family, who, along with my faith, mean more than anything to me.

What is your favorite family tradition and why?

I've always valued our family gatherings, especially around the holidays. With a very large and deeply rooted Florida family, time spent during family gatherings is more than just time together. They’re an opportunity to hear and share stories, reflect on our history and appreciate the traditions and values that have shaped us. That legacy is something I’m especially grateful for.

What advice would you give your younger self about law school, your legal career, work/life balance, etc.?

I would remind myself that the practice of law is a marathon, not a sprint. Law school and the start of your legal career can feel like a race, but growth comes with time and experience. Focus on learning the fundamentals, building strong relationships and maintaining perspective. The work is important, but so is investing in your family, your faith and your community. Those are the things that ultimately sustain you. Humility and meaningful relationships will take you farther than a law degree alone ever could.

Tell us about an item of interest that sits on your desk, and what it represents to you.

On my desk sits the poem “If—” by Rudyard Kipling. It reminds me to approach both challenges and successes with humility and perspective, and to focus on character over outcome.

JULY & AUGUST 2026 45

100 CLUB

IS YOUR FIRM PART OF THE 100 CLUB? Any firm with two or more attorneys and 100% membership in LCBA qualifies. If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org, and we will let you know.

Absolute Law, P.A. All Injuries Law Aloia Roland Lubell, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Boy Agnew Potanovic, PLLC Boyle, Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Calvo & Calvo, Attorneys at Law City of Fort Myers Attorney’s Office Freidin & Inglis, P.A. Garvin Injury Law Goldberg, Noone, Abraham Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith GrayRobinson, P.A. Hahn, Loeser & Parks, LLP

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Hampton Law Holz Family Law John Webb Legal Group, P.L. Kagan Law Firm Kemp & Mace, P.A. Knott Ebelini Hart Law Office of Maria R. Alaimo, LLC Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Linde Law Group Men’s Rights Law Firm Office of the City Attorney (Cape Coral) Osterhout & McKinney, P.A. Patrone Bentley Law Group Pavese Law Firm

Pope Mazzara & Menendez, PLLC Robert Harris Law Firm Roetzel & Andress, L.P.A. Scarmozzino/King Trial Lawyers Schoenfeld, Kyle & Associates LLP Sheldon E. Finman, P.A. Sheppard Law Firm Simmons & Cook, PLLC Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn & Persons-Mulicka School District of Lee County Viles & Beckman, LLC Wilbur Smith, LLC Yeslow, Koeppel & Anderson ZinnLaw, PLLC

Thank You

To Our 2026 Foundation Contributors!

Robert Adamski, Esq. Sheba Abraham, Esq. Jane Abravich, Esq. Daniel Adler, Esq. John Agnew, Esq. Albert Alguadich Jr., Esq. Frank Aloia Jr., Esq. Jeremiah Ambabo, Esq. Kent Amo, Esq. Amanda Anderson, Esq. Robert Anderson, Esq. Richard Annunziata Francesca Anon, Esq. Ronald Arend, Esq. Mykisha Atisele, Esq. Jeffrey Attia, Esq. Scott Atwood, Esq. Alex Baker, Esq. Andrew Barnett, Esq. Melissa Barris, Esq. Michael Beckman, Esq. John Belcastro, Esq. Michele Belmont, Esq. Elizabeth Bentley, Esq. Vera Bergermann, Esq. Bill Berke, Esq. Madeleine Bischel, Esq. Ljubica Bjazevic, Esq. Brooke Blackman, Esq. Haylee Blessing, Esq. William Boltrek, Esq. Suzanne Boy, Esq. Donald Boyd, Esq. Mark Boyle, Esq. Kevin Brenan, Esq. Melville Brinson III, Esq. Alexander Brockmeyer, Esq. Benjamin Brown, Esq. Heidi Brown, Esq. Robert Burandt, Esq. Philip Burnett, Esq. Jose Calvo, Esq. Kati Calvo, Esq. Katherine Camadeco, Esq. McKenzie Campagnolo, Esq. Edward Canterbury, Esq. Beatriz Cardoza, Esq. Taylor Carroll, Esq. Mark Casassa, Esq. Carlos Cavenago III, Esq. Molly Chafe Brockmeyer, Esq. Mercedes Charles, Esq. Michael Cheffer, Esq. Michael Chionopoulos, Esq. Joseph Coleman, Esq. Michael Colombo Jr., Esq. Kati Cook, Esq. Jay Cooper, Esq. Michael Corso, Esq. Kendall Coughlin, Esq. Mary Beth Crawford, Esq. Kevin Crews. Esq. Cynthia Crosby Aisha Cruz Tirado, Esq. Taylor Curley, Esq. Louis D'Agostino, Esq. Mike Dal Lago, Esq. Daniel Dalesandro, Esq. Donald Day, Esq. Indera DeMine, Esq. Frank DePena, Esq. Olimpia DePena, Esq. Richard DeVall, Esq. Stephen Dommerich, Esq. John W. Dommerich Jr., Esq. Hayley Donaldson, Esq. Amanda Dorio, Esq.

Ryan Downey, Esq. Mark Drasties, Esq. Gordon Duncan, Esq. Lance Dunford, Esq. Mark Ebelini, Esq. Thomas Eckerty, Esq. Wesley Edwards, Esq. Jonathan "JC" Elgin, Esq. Lynn Emerson, Esq. Andrew Epstein, Esq. Harold Eskin, Esq. Kelly Fayer, Esq. Eric Feichthaler, Esq. Julia Finman, Esq. Sheldon Finman, Esq. Donnna Flammang, Esq. Eric Fluharty, Esq. Conor Foley, Esq. Sarah Fougere, Esq. Roy Foxall, Esq. Howard Freidin, Esq. Herbert Fried, Esq. Wayne Frohlich, Esq. Casey Gartland, Esq. Leland Garvin, Esq. Heath Gelman, Esq. Steven Gendreau, Esq. Lisa George, Esq. George Gift, Esq. Malcam Godwin, Esq. James Goetz, Esq. Scot Goldberg, Esq. Logan Goldberg, Esq. Amelia Green, Esq. Bruce Green, Esq. Brian Greenberg, Esq. George Griffin, Esq. Thomas Gunderson, Esq. Jason Gunter, Esq. Samuel Hagan, Esq. Blake Hampton, Esq. Daniel Hanuka, Esq. Robert Harris, Esq. Simon Harrison, Esq. Thomas Hart, Esq. Stacy Haverfield, Esq. Hon. Hugh Hayes, Esq. Michael Haymans, Esq. Matthew Heider, Esq. Joan Henry, Esq. Craig Hersch, Esq. Scott Hertz, Esq. Michael Hill, Esq. Jason Himschoot, Esq. Emily Hogentogler, Esq. David Holley, Esq. Frank Holley III, Esq. Christina Holly, Esq. Rana Holz, Esq. Dominika Honisch, Esq. Michael Hornung, Esq. Erin Hughes, Esq. Jeffrey Hurcomb, Esq. Richard Inglis, Esq. Derrick Isaac, Esq. Donald Isaac, Esq. Wess Jacobs, Esq. Kara Jursinski-Murphy, Esq. Kevin Jursinski, Esq. Christopher Kagan, Esq. Elizabeth Kagan, Esq. Peter Kamm, Esq. Luke Kane, Esq. Vamsikrishna Karanam, Esq. Colby Keefe, Esq. Anna Kegelmeyer, Esq. Carlos Kelly, Esq.

Kenneth Kemp II, Esq. Jason King, Esq. D. Hugh Kinsey, Esq. Alexandra Kleinfeldt, Esq. Asher Knipe, Esq. Peter Knize, JD George Knott, Esq. Steve Koeppel, Esq. Anthony Kolenc, Esq. Jane Lane, Esq. David Ledermann, Esq. Henry Lee Paul, Esq. Michael Lehnert, Esq. Vee Leonard, Esq. Michael Leonard, Esq. Laird Lile, Esq. Evan Lubell, Esq. Benjamin Lusk, Esq. T. Brandon Mace, Esq. Joseph Madden, Esq. Philip Maiorca, Esq. C Richard Mancini, Esq. Ian Mann, Esq. Jonathan Martin, Esq. Sabrina Martinez, Esq. Diana "Dawn" Maselli, Esq. Jason Maughan, Esq. Justin Mazzara, Esq. Stephen McCann, Esq. Eve McClurg, Esq. Lance McKinney, Esq. Patrick McLain, Esq. Anthony Melchiorre, Esq. Alexander Menedez, Esq. William Merchant, Esq. Dominik Mezzoline, Esq. Jason Mikes, Esq. John Miller III, Esq. Elaine Minnis, Esq. M. Denise Molina-Vel Scott Moorey, Esq. Jack Morgan, Esq. Michael Mummert, Esq. Terry Nelson, Esq. John Noland, Esq. Michael Noone, Esq. Joseph North Jr., Esq. Joseph North, Esq. Monique Nunez, Esq. Aaron O'Brien, Esq. Christina O'Brien, Esq. Jody O'Konski, Esq. Geraldo Olivo III, Esq. Genet Pally, Esq. Justin Patak, Esq. Andre Patrone, Esq. William Pearson, Esq. Jeffry Perlow, Esq. Jenna Persons-Mulicka, Esq. James Pilon, Esq. Rochelle Pitts, Esq. Barbara Pizzolato, Esq. Minerva Poblet, Esq. Alex Polidan, Esq. Christopher Pope, Esq. John Potanovic, Esq. Robson Powers, Esq. Jill Prenger, Esq. Caleb Pringle, Esq. Richard Pringle, Esq. Robert Pritt, Esq. Shannon Puopolo, Esq. Michael Raheb, Esq. Michael Randolph, Esq. Leon G. Rendeiro Jr., Esq. Kayla Richmond, Esq. Matthew Roepstorff, Esq.

Kara Rogers, Esq. Ty Roland, Esq. Derek Rooney, Esq. David Roos, Esq. William Rothenberg, Esq. Laura Rouse, Esq. Benjamin Russell, Esq. Trisha Ryan, Esq. Cameron Sadighi, Esq. Alvaro Sanchez, Esq. Christ Santospirito, Esq. Carlos Sardi, Esq. James Scarmozzino, Esq. Bruce Scheiner, Esq. PJ Scheiner, Esq. Alessandro Secino, Esq. Laura Seidl, Esq. Danielle Seitz, Esq. Amanda Sharkey-Ross, Esq. Caryn Shaw, Esq. Spencer Shaw, Esq. Brendan Shearman, Esq. Robert Shearman, Esq. Thomas Shepard, Esq. Melissa Sherman, Esq. L. David Sims, Esq. Deana Sisk, Esq. Alexis Sitka, Esq. Ellen Smith, Esq. J. Tom Smoot, Esq. Steven Spence, Esq. Tricia Spivey, Esq. Vicki Sproat, Esq. Stephen Stefanik, Esq. Danny Stengle, Esq. William Stockman, Esq. E. Bruce Strayhorn, Esq. Megan Strayhorn, Esq. Steven Sundook, Esq. Brian Sutter, Esq. Corbin Sutter, Esq. Britton Swank, Esq. Rick Swift Jr., Esq. Doug Szabo, Esq. Kelly Tackett, Esq. Frank Talty, Esq. Patricia Talty, Esq. Madison Tanner, Esq. T. Rankin Terry Jr., Esq. Michael Tew, Esq. Colten Thomas, Esq. Justin Thomas, Esq. Cassidy B. Thomson, Esq. Gabriela Timis, Esq. Vincent Tolisano, Esq. Matthew Toll, Esq. Gregory Toomey, Esq. Neva Torres, Esq. Michael Traficante, Esq. Curtright Truitt, Esq. Kaylee Tuck, Esq. Michael Versnik, Esq. Melissa Waldinger, Esq. Barbara Walsh, Esq. Dennis Webb, Esq. Robert White, Esq. Morgan Williamson, Esq. Nathan Winesett, Esq. Katie Witmer, Esq. Joseph Yeslow, Esq. Benjamin Yormak, Esq. Robert Young, Esq. Iman Zekri, Esq. Brian Zinn, Esq.

JULY & AUGUST 2026 47

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INDIVIDUAL MHWM CONTRIBUTORS Kent Amo, Esq. Albert Alguadich Jr., Esq. Richard Annunziata Francesca Anon, Esq. Ronald Arend, Esq. Mykisha Atisele, Esq. Andrew Barnett, Esq. Melissa Barris, Esq. Michael Beckman, Esq. Michele Belmont, Esq. Elizabeth Bentley, Esq. Vera Bergermann, Esq. Brooke Blackman, Esq. Donald Boyd, Esq. Kevin Brenan, Esq. Melville Brinson III, Esq. Philip Burnett, Esq. Kati Calvo, Esq. Mark Casassa, Esq. Carlos Cavenago III, Esq. Michael Cheffer, Esq. Michael Chionopoulos, Esq. Joseph Coleman, Esq. Michael Colombo Jr., Esq.

Jay Cooper, Esq. Mary Beth Crawford, Esq. Kevin Crews, Esq. Taylor Curley, Esq. Mike Dal Lago, Esq. Donald Day, Esq. Frank DePeña, Esq. Olimpia DePeña, Esq. Richard DeVall, Esq. John Dommerich Jr., Esq. Gordon Duncan, Esq. Thomas Eckerty, Esq. Jonathan "JC" Elgin, Esq. Lynn Emerson, Esq. Andrew Epstein, Esq. Harold Eskin, Esq. Kelly Fayer, Esq. Julia Finman, Esq. Sheldon Finman, Esq. Donnna Flammang, Esq. Conor Foley, Esq. Sarah Fougere, Esq. Roy Foxall, Esq. Howard Freidin, Esq.

Herbert Fried, Esq. Wayne Frohlich, Esq. Leland Garvin, Esq. Heath Gelman, Esq. Lisa George, Esq. Malcam Godwin, Esq. James Goetz, Esq. Amelia Green, Esq. Bruce Green, Esq. Brian Greenberg, Esq. Jason Gunter, Esq. Samuel Hagan, Esq. Blake Hampton, Esq. Daniel Hanuka, Esq. Robert Harris, Esq. Simon Harrison, Esq. Stacy Haverfield, Esq. Hon. Hugh Hayes, Esq. Michael Haymans, Esq. Matthew Heider, Esq. Jason Himschoot, Esq. Emily Hogentogler, Esq. Frank Holley III, Esq. Christina Holly, Esq.

Rana Holz, Esq. Dominika Honisch, Esq. Michael Hornung, Esq. Erin Hughes, Esq. Kevin Huguelet, Esq. Jeffrey Hurcomb, Esq. Richard Inglis, Esq. Donald Isaac, Esq. Wess Jacobs, Esq. Kevin Jursinkski, Esq. Kara Jursinski-Murphy, Esq. Christopher Kagan, Esq. Elizabeth Kagan, Esq. Kenneth Kemp II, Esq. Jason King, Esq. Peter Knize, Esq. Anthony Kolenc, Esq. Jane Lane, Esq. Michael Lehnert, Esq. Laird Lile, Esq. T. Brandon Mace Joseph Madden, Esq. Ian Mann, Esq. Sabrina Martinez, Esq.

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Minerva Poblet, Esq. Robson Powers, Esq. Jill Prenger, Esq. Caleb Pringle, Esq. Richard Pringle, Esq. Leon G. Rendeiro Jr., Esq. Matthew Roepstorff, Esq. Kara Rogers, Esq. Laura Rouse, Esq. Timothy Rowe, Esq. Chris Santospirito, Esq. James Scarmozzino, Esq. Laura Seidl, Esq. Danielle Seitz, Esq. Caryn Shaw, Esq. Robert Shearman, Esq. Melissa Sherman, Esq. L. David Sims, Esq. Deana Sisk, Esq. Alexis Sitka, Esq J. Tom Smoot, Esq. Steven Spence, Esq. Tricia Spivey, Esq. William Stockman, Esq.

E. Bruce Strayhorn, Esq. Megan Strayhorn, Esq. Steven Sundook, Esq. Brian Sutter, Esq. Corbin Sutter, Esq. T. Rankin Terry Jr., Esq. Michael Tew, Esq. Cassidy B. Thomson, Esq. Gabriela Timis, Esq. Gregory Toomey, Esq. Neva Torres, Esq. Michael Traficante, Esq. Curtright Truitt, Esq. Melissa Waldinger, Esq. Barbara Walsh, Esq. Nathan Winesett, Esq. Katie Witmer, Esq. Robert Young, Esq.

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IN THE NEWS CALM UNDER PRESSURE The LCBA’s annual Health & Wellness Symposium featured speaker and sponsor Suz Jeffreys, a certified health coach and author who educated attendees on how stress affects the brain and nervous system, daily habits to support long-term resilience, and more.

FOOD FOR THOUGHT On May 8, the YLD hosted yet another Chambers Lunch!

Hosted by The Honorable Lindsay Garza, a small group of YLD members had the opportunity to engage in informal conversation, ask questions and get to know other participants over lunch.

HERE’S TO FOUR MORE YEARS! The Honorable Kathleen Smith has once again been reelected to her position as public defender for the 20th Judicial Circuit. Smith has occupied the position since 2008 and has served as a vital advocate for local individuals in need of representation. Congratulations!

NEWS FROM THE BENCH Congratulations are in order! The Hon. Turner Rouse was officially vested as a Charlotte County judge on May 15. He took the bench in early February, filling the seat vacated by The Honorable John Burns’ retirement. The LCBA congratulates Judge Rouse on this achievement!

A NEW APPOINTMENT Governor Ron DeSantis recently appointed State Representative Jenna Persons-Mulicka to serve as Lee County supervisor of elections. While serving as supervisor of elections, she will also continue her role as a founding partner at Strayhorn & Persons-Mulicka. Congratulations!

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BURRITOS WITH THE BENCH For the sixth year, YLD hosted its annual Burritos with the Bench, providing a chance for young lawyers to get to know the 20th Judicial Circuit and Lee County judiciary. The cherry on top? Free lunch!

TEAM SANIBEL TAKES ON NYC! On June 7, 15 current and former first responders, veterans and Sanibel leaders completed the 104-story Tunnels to Towers Tower Climb NYC, a fundraiser that supports the mission of the Tunnels to Towers Foundation. The team — which featured Sanibel Vice Mayor John Henshaw and City Attorney for the City of Sanibel, John Agnew, Esq., — raised nearly $70,000 for the mission.

FOX WINS THE RACE A VIEW FROM THE BENCH LCBA members learned from The Honorable Kyle Cohen and The Honorable Rachael Loukonen about the biggest issues affecting law in 2026, the state of ethics in the courtroom and amendments to the rules of civil procedure at the LCBA's April 13 Lunch & Learn sponsored by Hahn Loeser.

State Attorney Amira Fox, Esq., has been elected to her role for the third time.

The first female state attorney in the 20th Judicial Circuit, Fox was first elected in 2018.

The LCBA congratulates you on this incredible achievement!

HONORING LOCAL LEADERS Hosted at the Capital Gallery at the Sidney & Berne Davis Art Center, the Lee County Association of Women Lawyers recently honored The Honorable Tara Paluck at its 2026 Judicial Appreciation Reception, recognizing her 20 years of service to Lee County.

Pictured: The Honorable Tara Paluck and her family

MAKING “CENTS” OF IT ALL Sponsored by Peter Henn, financial advisor, LCBA YLD members were treated to a CLE and luncheon where they learned how to protect what matters, grow wealth and navigate their retirement plans.

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