Res Gestae - September 2013

RES GESTAE

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

SEPTEMBER 2013

Marcy Shaw and Laird Lile YOUR Board of Governors representatives

Junior Achievement Empowering the future

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

29 Year Criminal Defense Veteran

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Contents 6

Letter from the President

8

Letter from the Editor

by Nanci DuBois

by Mary C. Evans, Esq.

13

239.334.0047 resgestae@leebar.org

staff box

Your Board of Governors Representatives Marcy Shaw and Laird Lile

by Sara Fitzpatrick Comito

17

13

Community Connection Junior Achievement featuring Christina Harris Schwinn

by Sara Fitzpatrick Comito

18

LAYOUT AND DESIGN Kat Godina

There is a statutory common law!

by T. Rankin Terry

ADVERTISING DIRECTOR Linda Fiore 239.690.9840

21

The Purple Ribbon Task Force

22

The Dish

by Ted Wolfendale

Bubba’s Roadhouse & Saloon

17

by Sara Fitzpatrick Comito

26

On the Bench Hon. James R. Adams

by Sara Fitzpatrick Comito

27

From the Bar Danielle M. Zemola, Esq.

by Sara Fitzpatrick Comito

4

28 31

Social Scene

33

Legal Briefs

37

Calendar of Events & 100 Club Members

In Memoriam Remembering our colleague and friend News and Happenings

rtisers . e v d a BA Our he LC est to t t r o supp do our b n! retur e let’s Pleas rt them in suppo

28 RES GESTAE | SEPTEMBER 2013

EXECUTIVE EDITOR Nanci DuBois 239.334.0047 ASSOCIATE EDITOR Sara Fitzpatrick Comito

Terry’s Take

22

PUBLISHER Connie Ramos-Williams 239.690.9840

CONTRIBUTING WRITERS Sara Fitzpatrick Comito Nanci DuBois Mary C. Evans, Esq. Ted Wolfendale T. Rankin Terry BILLING INQUIRIES 239.334.0047 Res Gestae is published monthly by CONRIC Publishing in partnership with Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org.

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

ON THE COVER: Marcy Shaw and Laird Lile COVER PHOTO: Kat Godina Copyright 2013. 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 of the Lee County Bar Association. To inquire about such permission, please contact Nanci DuBois, Executive Director of the Lee County Bar Association at info@leebar.org.

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Note from the President Lee County Bar Association Picture it: a sound stage in sunny southern California. I’m competing in the final showdown on Jeopardy. The final subject: “Clients.” I must wager and I decide to go all in. (What the heck, I practice family law, I’m used to living life on the edge.) The host reveals the Answer: “Nuts”. I begin my response… remembering to write it in the form of a question: “What is the temporary mental state of some of the people we represent?” Ding, ding, ding! We have a winner!

Have you ever represented someone that you were just sure was one taco shy of a combo platter? Now, don’t get excited, I’m not talking about the people we see that truly suffer from mental health issues. I’m talking about people who had some common sense but disposed of it before they walked through our door.

Consider the following, whacky consult: First, the guy was talking on the phone in our lobby, LOUDLY, and coughing all over everything. Second, he complained of severe thirst, which I’m pretty sure was due to the fact that, it being 10 a.m. and all, he was late for his first toddy. Third, when I asked him what his girlfriend did for a living he said she was a prostitute. Fourth, oh Dear God, fourth, he told me I was pretty cute and he asked me (and I quote) “are you comin’ on to me?” This is when I excused myself for a moment, not to go barf as you might suspect, but to ask the legal assistant to join me in the room. I wasn’t afraid of the guy, I just wanted to make sure my instant repulsion for this man wasn’t just me being a Princess. (It wasn’t.) The scene was so ridiculous I kept expecting Allen Funt to jump out and yell “Surprise, you’re on Candid Camera!”

That story is true people, I CANNOT make this stuff up. It’s like when a client asks something that seems like the stupidest question in life, and you think they’re joking, except they’re not.

Here’s a recent favorite: Client – “What is going on in my case?” Paralegal – “We served your spouse and now we are waiting on the answer.” Client – “What was the question?” I know people don’t understand the process, but, honestly, those questions are hard to respond to without a raised eyebrow and a facial expression like Homer Simpson’s when he says “DOH!” I’m sure every professional deals with clientele that suffer from temporary insanity. A pastor recently made the remark: “Leading the church would be easy if it weren’t for the congregation.” We’re no different, our clients make US temporarily insane at times but we would all be out of jobs without them. Simply put, sometimes you feel like a nut, sometimes you represent one. |RG| Mary C. Evans, Esq. mary@maryevanslawyer.com | (239) 226-1062

6

RES GESTAE | SEPTEMBER 2013

ADMINISTRATIVE TEAM 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 Jamie Maurer, Esq. LAW WEEK Hon. John S. Carlin LIBRARY Robert L. Donald, Esq. MOCK TRIAL Mary C. Evans and Claudia Volk PAST PRESIDENT Karla Y. Campos-Andersen, Esq. PRO BONO Vanessa Cordero, Esq. and Katie Berkey, Esq. MEMBERSHIP Carlos Kelly, Esq. SOCIAL EVENTS Theresa Daniels, Esq. & Amanda Mitteer Bartley, Esq. TECHNOLOGY Michael E. Chionopoulos, Esq.

PRACTICE SECTION CHAIRS

ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. APPELLATE LAW PRACTICE SECTION Margaret White-Small, 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.

THE DEADLINE IS APRIL 22, 2014.

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MIAMI

Letter from the Editor NOMINATIONS ARE NOW OPEN FOR OUR NEXT MEMBER-ATLARGE Please contact the office for a Nomination Form if you know someone willing to serve the organization!

We have lots of great events for Fall – Socials moving to Friday evenings in October, December Holiday Party, November 16th for Judge Jack Lundy’s Buckingham BAR-B-Q (honoring our newest Judges on the Bench), and Membership Meetings on September 20 at The Edison Restaurant, October 18 (Pro Bono Awards) & November 22 (Annual Meeting & Installation of 2014 Executive Council).

The other day, I got a call from one of our Social Committee Chairs, Amanda Mitteer Bartley. Public service to those truly in need is one of Amanda’s passions. Her story touched my heart, so I want you all to read about this in her own words Frank Clark, Esq. and I need YOUR help in raising money for the Friends of 440 Scholarship Fund. Please help us, won’t you? Any donation will help with our fundraising efforts.

Friends of 440 Scholarship Fund, Inc. is a charitable organization whose purpose is to make the dream of college a reality for eligible students who are dependents and descendants of an individual who has been injured or killed in the course and scope of their employment and who received benefits under the Florida Workers’ Compensation Law. In addition, dependents of individuals whose primary employment is connected with the operation and/or administration of this same law are also eligible to receive scholarships. Qualified students must also meet academic requirements and show financial need.

Friends of 440 Scholarship Fund, Inc. has a membership comprised of attorneys, doctors, insurance adjusters, Judges of Compensation Claims, claims administrators, rehabilitation providers and other individuals whose primary employment is connected to the administration of the Florida’s Workers’ Compensation system. Throughout the State of Florida, members raise scholarship funds to aid students who lack the economic ability to continue their education beyond high school, or to further their college education.

Founded in 1991, the fund has awarded over $1.3 million in scholarships, that have helped deserving students achieve their goals. Scholarship recipients have earned doctoral degrees in many fields, and become attorneys, physicians, accountants and have excelled in various other disciplines in the arts and sciences.

You can donate on-line at www.440scholarship.org/portal/donate or send a check directly to the Lee County Bar Association.

WE APPRECIATE ANY DONATION YOU CAN MAKE! Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102

8

RES GESTAE | SEPTEMBER 2013

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RES GESTAE | SEPTEMBER 2013

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by Sara Fitzpatrick Comito

TO: All 20th Circuit Florida Bar Members...so begins the Report from The Florida Bar of Governors that you’re used to seeing in your in box every month. The latest contained summary information and links to further details on issues from Florida Bar admission and immigration status, to approval of an ethics advisory opinion regarding lawyers using cloud computing, to necessary reviews of practice sections and committees. If you have questions or concerns about anything contained in these regular missives, you’re directed to contact YOUR Board of Governors representatives. When’s the last time you did so?

Willing to serve “I try make myself readily available to my colleagues in the 20th Circuit,” said Laird A. Lile. Lile’s service is his way

of paying forward a debt he feels to the people who have been there for him along the way. “Early in my career, I had the good fortune of working with a couple of attorneys who served as mentors and really instilled in me the importance of serving and being involved.”

He’s been on the BOG since 2006 after completing a tenure as chair of the Real Property, Probate, and Trust Law Section of The Florida Bar, composed of about 10,000 members of the Florida Bar, which numbers 96,000 total. “I wanted to continue in service to the profession,” he explained.

Marcy L. Shaw’s motivation to serve the profession developed even before graduating from law school. Currently, in her second term on the BOG, she said, “I enjoy interfacing with my constituents and addressing any issues they may have RES GESTAE | SEPTEMBER 2013

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RES GESTAE | SEPTEMBER 2013

in an appropriate manner with The Florida Bar. Serving on The Florida Bar Board of Governors is truly an honor, as I have the opportunity to interact with some of the most dedicated members of The Florida Bar, most of whom are also wellrenowned in their respective practice areas.”

Shaw and Lile concur that it is a privilege and pleasure to maintain the trust of their peers in the circuit. Communication is the key to continuing trust. In addition to being available by phone and email to his constituents, Lile said he tries to attend as many Lee County Bar Association membership meetings as possible. “There’s nothing that substitutes for inperson communication and opportunities.” Additionally, it’s up to members to do their part to facilitate the communication process. “I encourage all members of the LCBA to come to the monthly meetings and let me know their comments and concerns.”

Like-minded connections Shaw suggested that although it has many dimensions, members’ experience with The Florida Bar is often limited, and that can also be self-limiting. “Through my bar service, I have learned that a lot of attorneys do not like The Florida Bar; many view it as an entity that imposes rules, regulations, and requirements on them. Although that is certainly one aspect of what The Florida Bar does, because we are a self-regulating profession, it also provides a tremendous amount of support to attorneys.”

LOMAS and the Ethics Hotline are a couple of programs that offer such support, but unfortunately, many attorneys don’t even know they exist. Shaw continued, “I encourage you to take a good look at The Florida Bar website to see all of the resources that are available to you, most at no cost. In addition, through its divisions, sections and committees, The Florida Bar presents a multitude of opportunities for attorneys to get involved in their substantive practice areas, with similarly minded colleagues.” She said that through such opportunities, she’s been able to make both professional connections and personal friends.

Lile encourages smart phone users to download The Florida Bar app for Android, iPhone and iPad, which includes The Florida Bar News and a Quick Member Look-Up with direct links to emails and phone numbers. More features are being added in coming months. Along with its Facebook page and Twitter feed, attorneys and judges now have additional choices to receive information from the bar. As part of Lile’s work on the BOG Communications Committee and its Technology and Communications Strategy subcommittee, he said the bar is continually leveraging ever more extensive outreach programs to get information to the 96,000-plus members in a timely manner.

Actions and issues Along with acting as liaisons to their circuit colleagues, BOG members also have a role in recommending rules to the Florida Supreme Court regulating The Florida Bar and work together to adopt policies regarding continuing education, advertising, discipline and ethics.

Adequate funding for the state courts has become a critical issue recently. Lile said, “Last year and the year before that, I was very involved in the legislative process, and the legislative issues the entire judicial branch faces each year is significant.

Ensuring our courts have the appropriate funding is critical – and presents an ongoing challenge in the state budgeting process.”

Other bar priorities include mentoring, Lile said. “There’s been a consensus by the board to invest heavily in developing a leadership academy to reach out to lawyers who maybe don’t have the same mentor opportunities I was able to have.”

Shaw serves as vice chair of the board’s Rule Committee, and is on the board’s Disciplinary Review Committee. She also serves on the bar’s Standing Committee on Pro Bono Legal Services.

When your BOG representatives attend their six meetings per year, it is without compensation or reimbursement. But the implicit value of being able to vote on substantive actions and issues that affect their constituents is reward enough for your representatives.

Collegial concerns Of course, disagreements happen in the committees of the BOG. “I have witnessed some of the most lively, professional, and persuasive debates on contested matters that come before the board,” Shaw said. “Everyone is passionate about their positions, but we all maintain the level of professionalism you would expect from a group of elected representatives.” Lile agreed. “The collegiality of the entire board is something I’ve come to appreciate.” He said he’s continually heartened that disagreements are held to a degree of professionalism that befits the law community at large.

Lile and Shaw both enjoy getting to know representatives from other parts of the state. “It’s very rewarding professionally,” said Lile, noting it’s often helpful to know lawyers in other circuits when he needs to make a referral. Shaw maintained, “It is a very friendly and welcoming group. It has been a wonderful experience to meet and get to know colleagues from throughout the state.”

Just as with your LCBA membership, you get most the out of The Florida Bar when you’re aware of all the services and advocacy that are available to you. Next time you get that monthly report, perhaps you’ll consider taking your representatives up on the offer to hear your concerns. They’re there for you, after all. |RG| RES GESTAE | SEPTEMBER 2013

15

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RES GESTAE | SEPTEMBER 2013

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Community Pro Bono Connection Spotlight

featuring Christina Harris Schwinn

by Sara Fitzpatrick Comito

When Christina Schwinn met Cecilia St. Arnold upon moving to Lee County in 2004, it represented a homecoming of sorts. The Pavese Law Firm partner is an alumna of Junior Achievement (JA), and St. Arnold is Lee County program director for the Southwest Florida chapter of that organization.

According to the national organization, “Junior Achievement is the world’s largest organization dedicated to educating students about workforce readiness, entrepreneurship and financial literacy through experiential, hands-on programs.”

Schwinn recalls first becoming involved in JA when she was in high school. “We formed a JA company, produced a product and then sold the product to third parties. The whole experience was life changing for a 14-year-old high school student. I remember the whole experience vividly” Having been reintroduced to the organization by St. Arnold, Schwinn was able to apply her law expertise to help the next generation of budding professionals learn valuable financial skills. “I began volunteering and have participated in the CEO Academy a number of times.”

The one-week business summer camp is conducted in partnership with FGCU. Schwinn taught students basic legal principles, such as how to read a written contract, and introduced them to issues relating to personal liability and the importance of protecting intellectual property. “It is amazing to see these juniors and seniors come together and in one week develop a product idea and a business plan,” she remarked.

“At the end of the week they give a presentation to a panel of judges. It is very moving and inspiring,” On July 1, Schwinn committed to a three-year term as a member of the board of directors and is pleased with the

organization’s direction and the new strategic plan established by the board at its recent retreat. “The strategic plan focuses on developing new funding resources and engaging the stakeholders,” she explained.

Recently, JA of Southwest Florida was awarded the Gold Summit Award, one of the highest honors bestowed by the national organization. The award is given to local JA offices that have reached outstanding success in financial health, program quality, management effectiveness, and program growth. The Gold Level refers to the number of consecutive years that a JA operation has received the Summit Award.

“To me, JA is one of the most worthwhile and rewarding volunteer experiences that I have ever had,” Schwinn explained.

“Helping students by interacting with them to understand basic financial principals and putting them on the road to financial literacy is very rewarding. First of all, the students are learning something that everyone needs to know and understand to be successful in life. Secondly, watching them learn, embrace the information and begin to understand why financial literacy is so important is very uplifting.”

Junior Achievement of Southwest Florida serves more than 12,000 students throughout the region, and there is always a need for volunteers to help teach the financial literacy course in classrooms. Training is provided to all volunteers.

To learn more about getting involved, visit www.JASWFL. org or contact Anne Frazier, President/CEO of JASWFL at (239) 225-2590 or info@jaswfl.org. |RG|

Jack E. Kosakowski, president and chief executive officer of Junior Achievement USA, presents the Gold Summit Award to Anne Frazier, president of Junior Achievement Florida and Cecilia St. Arnold, program director, Junior Acheivement of Southwest Florida

RES GESTAE | SEPTEMBER 2013

17

Terry’s Take On Things

There is a Statutory Common Law!

by T. Rankin Terry Prior and current incarnations of West, Lexis, and others have given us a case-based common law system and a very poor statute-based common law system. Cases get cited for grand propositions without giving the statutory context in which they were decided.

West, Lexis, etc. have more interest in currency than context.

Cumulative changes to statutes (and regulations) are tedious (and expensive) to track and analyze. Boolean word-seach programs make tracking and analyzing cases much easier and cheaper. Bottom line, we have a very poor ‘Statutory Common Law,’ and there is a statutory common law!

This shows in the background research for the recently enacted mortgage law. See the Real Property, Probate, and Trust Law (aka REPTL) Section’s Summer 2013 ActionLine. I have not read the full research report. It is the basis of the new law’s statement that the holder of a note secured by a mortgage must be a UCC defined holder to foreclose. This is a significant

advance; it does not change the law, but makes it clear.

The ActionLine piece sheds some light on why the new law does not deal with the “ownership” issue. The omission relies on the 1938 case of Johns v. Gillian, 134 Fla. 575, 184 So. 140 (Fla. 1038), which held that since the assignment (of ownership!) of the note assigns ownership of the mortgage, the “mortgage papers” do not have to be transferred. However, if Johns is going to be cited as the basis of the current law then the current law needs to reconsider its devotion to “holdership.”

That is to say, read correctly, the case holds that “The ownership of the mortgage follows the ownership of the note.” Current cases do not consider the statutory negotiable instruments and mortgage law of the time when cases cited as grand precedents were decided. The Johns case only discusses owning the note and mortgage; it never discusses “holdership.”

Availability of research materials at a reasonable price in Southwest Florida prevent my learning the definitive history.

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Maybe in the coming months I’ll have a day or two at Stetson or U of FL, or another comprehensive law library.

As a matter of policy abandoning the note and mortgage ownership requirement when dealing with real estate mortgages is a bad idea. A note in and of itself has no “trail.” If lost, it is like a lost $20 bill. But a lost note secured by a real estate mortgage is different; it has a “trail” of its existence laid down in the public records liening a piece of land. A lost, secured note with a “public records trail” can mean that a family’s or a business’ belongings can be forcibly moved into the driveway.

Something more should be required than someone having a piece of paper in a file or envelope (or “in the silicone”).

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Naples Attorneys Gary Carman Someone wanting to foreclose a mortgage is “messing” with land titles. Like a turtle on a post, they should be required to explain under oath how they got here! This year’s statutory changes, in spite of some politically required provisions, were a great step forward. In coming years when the political interest groups are not so focused, more improvements can be made. In the meantime the judiciary, especially the appellate judiciary, needs to spend more time researching and considering the statutory context of past decisions in deciding current cases, that is, paying attention to the statutory common law.

On a personal note, my family and I wish to thank you for the expressions of sympathy and extensions of professional courtesy following the passing of my mother-in-law, Janis Luther, on August 1 and belatedly for those following the passing of my father, T. Rankin Terry, last October. |RG|

T. Rankin Terry, Jr., BSME (Kentucky), JD (Washington Univ. St. Louis), LLM (Tax) (Florida), has been board certified in Civil Trial since 1983 and a Certified Mediator since 1994. He has practiced in Fort Myers since 1972. His email address is trterry@gmail.com.

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e c r o F k s a T n o b b i R Pur pl e

by Ted Wolfendale

The Purple Ribbon Task Force HB 473/SB 682 was enacted to assess the current and future needs of Floridians with Alzheimer’s disease and related dementia. The task force was created to assess gaps in services to persons with ADRD (Alzheimer’s disease and related dementia’s) and their families.

The final report was scheduled to be presented to legislators on August 31, 2013.

Florida has a disproportionately higher number of persons aged 65 and over who suffer from Alzheimer’s disease or a related form of dementia then most any other states in the United States. Approximately 420,000 persons age 65 and older are living with Alzheimer’s disease in Florida (DOEA, 2012).

By the year 2025, data studies suggest that 590,000 Floridians will be affected (Alzheimer’s Association, 2012)

Family members such as a spouse or close family member provide the majority of care. Most people believe that Medicare or other insurances will cover most of a loved one’s care, but unfortunately this is often not the case. And when you consider that 5.4 million people are living with ADRD in the U.S., and it is estimated that this will cost the nation $203 billion in 2013 – and that figure is estimated to rise to $1.2 trillion by 2050 – there are strong economic reasons to do our best to combat this insidious disease, in addition to the fundamentally horrific nature of Alzheimer’s itself.

In Florida, we have established 15 Memory Disorder Centers throughout the state. We have a tremendous group of researchers who through the establishment of a brain bank, are working toward finding a cure. We have established an Alzheimer’s Medicaid waiver program to address the needs of patients and caregivers. We have created a Florida Silver Alert program to assist law enforcement personnel in finding lost or wandering cognitively impaired drivers. We have mandated specific statewide Alzheimer’s training for nurses and caregivers

to become more sensitive to understanding and managing the disease with their patients.

As attorneys we are usually not caregivers to Alzheimer’s patients. However, we may be called upon to deal with family members who suffer from dementia, or may have clients that are afflicted as the number of people diagnosed with ADRD exponentially increases. In Lee County in 2011, the Alzheimer’s disease age-adjusted death rate for 65 to 85+ years was 23.8 percent. (The average rate in Florida was 17.8 percent in 2011) As such, we must become more understanding and knowledgeable as resources for our clients. Even the federal government has initiated a comprehensive Federal Alzheimer’s Disease Initiative plan for 2013 that at one point, mandates continuing education for attorneys, in addition to the usual healthcare personnel identified as requiring special education in dealing with cognitively impaired, which we will hear more about in the coming months.

In Florida, The Task force is also examining the Baker Act, and whether alternatives exist to better ensure, whenever possible, that residents receive “treatment in place,” rather than being transferred by involuntary commitment. The Task Force sees opportunities to lessen the burden on the courts and allow more people to avoid guardianship through better education on less restrictive alternatives to guardianship.

As attorneys in this field, we can help by creating a greater awareness of powers of attorney, advance health care directives and other planning, in addition to knowing what resources may be available in our community. |RG| Ted Wolfendale currently sits on the state’s Alzheimer’s task force working to develop a comprehensive state plan to address the needs of individuals with Alzheimer’s Disease and their caregivers. He is owner of Dial-a-Nurse Home health agency, Southwest Florida’s oldest home health agency, which was started by his mother in 1978.

RES GESTAE | SEPTEMBER 2013

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The Dish

by Sara Fitzpatrick Comito Things fall apart at Bubba’s Roadhouse & Saloon. The reclaimed-brick structure is sturdy enough – don’t get me wrong. The ribs, the chicken, though, fall apart. I reckon I’m a decent cook. But I’ve got nothing on the pit masters at this slightly out of the way outpost of all things smoked, slathered and piled high on a plate. There are two things that will be put out of business here: sharp knives and your appetite.

When I last visited, Bubba’s was in the throes of a Best Ribs in Southwest Florida competition, a voting contest run by a local newspaper. As it turned out, this local restaurant came in a close second to a well-known chain. I won’t bore you with my conspiracy theories about the results. Suffice it to say, not intending to venture too far into participant journalism, I ended up voting multiple times (which was encouraged) for Bubba’s ribs. They were – guess what – falling off the bone tender, flavorful and smoky, and sauced just enough to highlight the outstanding flavor of the pork.

No disguising is needed here. And that’s how all the food at Bubba’s is: simple, fresh, cooked in a way that respects the ingredients. There were many families dining on the Saturday

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night of my visit. There’s something for everyone, after all, and the quality is consistent. Also, there is no pressure to keep things tidy around the table. Go ahead and throw your peanut shells on the floor. It took me some time to get used to the idea but I eventually got the hang of being allowed to make a mess.

It’s cathartic.

And then, so are the oversized margaritas. In addition to family night out, don’t forget about the saloon part of the equation. There’s often a guitarist supplying some bluesy riffs while folks enjoy a casual dinner of a burger or even some prime rib while seated at the bar. Prime rib is one of those things we don’t think much about until we encounter a carving table at a banquet. And then it’s often overdone, over-seasoned or both.

Bubba’s prime rib was a revelation the first time I visited years ago. Although carved on the thick side (nothing’s small here), this, too, rendered the knife obsolete. Slow roasted and juicy, it melted in the mouth and the seasonings just set up the flavors in the beef.

I am a devoted carnivore, and Bubba’s delivers on that front.

The bottomless salad is composed of a large percentage of bacon. I’m not complaining. The salad veggies are fresh and tossed table side with homemade dressings to rival any fancy steakhouse. You’ll also be treated to a basket of warm corn muffins. No detail is a throw-away. The sides are also quite special. My favorite has to be the baked sweet potato slathered in cinnamon butter, but the garlic smashed potatoes are also killer.

I’m not much of a chicken person. It’s always seemed like the default dining-out dish for when you don’t know what you want. Bubba’s poised to change my mind, though. The half chicken wasn’t from one of those gargantuan mutants you’ll

The Dish find at any grocery store. Instead, it resembled the bird it was in life, just probably a bit less animated, denuded of its feathers, smoky brown and tender as any poultry I’ve ever tasted. Again, no knife needed. And probably no teeth, for that matter.

My companion and I sat directly next to the barbeque master, whose workstation was situated safely behind glass. This man may have had four arms, for how efficiently he conveyed orders across the grill and attended to them in stages. It’s nice to dine near an open kitchen – makes you feel like there’s nothing to hide. And with the textbook technique, honest ingredients and more than generous portions, that continually comes across.

Bubba’s Roadhouse & Saloon is located on Pine Island Road in Cape Coral next to The German American Social Club, just east of Burnt Store Road. It’s a little hike for some of us, but judging from the volume the place does in catering for attorneys’ events, I’m not spilling a great many beans. It’s my go-to for fun and ridiculous portions of comfort food. I also consider it the local standard bearer for barbeque chicken, ribs and beef. I haven’t quite managed to sample the seafood entrees. If you’d care to spill those particular beans, just drop me a line. Now would be the time for me to mention the clawtype arcade game where you can win your very own lobster dinner. Take advantage of the slow season and minimal wait time to get a table, and stop in at Bubba’s to see how things fall apart! |RG|

Bubba’s Roadhouse & Saloon 2121 SW Pine Island Road, Cape Coral (239) 282-5520 www.bubbasroadhouse.net Sun-Thurs 11:30 A.M. -11:00 P.M. Fri-Sat 11:30 A.M. - 12:00 A.M.

Sara Fitzpatrick Comito is publications editor for Conric PR & Marketing | Publishing, and associate editor of Res Gestae magazine. She’s also a freelance writer and frequent contributor to the Naples Daily News and other publications. For suggestions or comments on this regular feature, contact Sara at Sara@ConricHoldings.com.

RES GESTAE | SEPTEMBER 2013

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On the Bench Hon. James R. Adams If colleagues make prognostications about your career path, you might want to give them the benefit of the doubt. Judge James Adams had no designs on taking up the bench when the late Doug Wilkinson, former court administrator, casually mentioned that one day the young attorney would be a judge.

Life rarely goes exactly the way we plan it. Judge Adams identifies this as the most satisfying aspect of his job: “The sense of being able to help people out of circumstances.” As a law student he envisioned a different way of achieving that sense. “I wanted to be a civil rights lawyer,” he said, recalling an inspirational visit to his law school by Julius Chambers, whose landmark cases centered around voting rights, school desegregation and affirmative action.

Chambers was laid to rest just last month at the age of 76.

There was a more primary guiding force in the judge’s life. “The main mentor in my life was always my grandmother,” he said of the woman who raised him from the time he was two years old. She only had a third-grade education, Judge Adams explained, “but I remember her always sitting down to help me with my homework every day.” He and his siblings were expected to go to college, and they made good on that expectation. “I grew up having not everything I wanted, but having all the things I needed.”

In return, he’s happy to impart to children in the community that, “with a little hard work and determination, they can do whatever they want to do.”

Judge Adams encapsulates the challenges of his position succinctly: “To always keep abreast of the current law as it exists, to manage your dockets in an effective manner, minimize the amount of time anyone has to wait in court, to reach the best possible solution in all cases.”

In his 20 years on the bench, advances in technology have allowed the judges in the circuit to more effectively overcome the challenges, which have been further compounded by a significant increase in caseload. Additionally, colleagues are a source of inspiration. “I work with a great group of judges, and I’m proud to be a part of that group.” |RG|

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From the Bar Danielle M. Zemola, Esq. Danielle Zemola was one of those rare kids who not only had a ready answer when asked, “What do you want to be when you grow up?” but followed through with her dream. “I never changed my mind, ever,” she said. For her, it almost seemed predetermined she would be a lawyer. “My grandpa was an Illinois Supreme Court Judge. I held his gavel and I knew what I was going to do.”

An attorney at Goede, Adamczyk & DeBoest, PLLC, Zemola received a degree in English at the University of Miami, then studied abroad at Trinity College in Dublin. She went on to get her J.D. from Indiana University School of Law. Finally she returned to Florida, and went to work at the State Attorney’s Office locally. “I came back for the weather and the job,” she mused.

She focuses primarily on condo and homeowner association law. Besides the prevalence of those associations locally, the appeal is the collaborative nature of the work. “Your client is actually a board made up of several members,” Zemola explained. “Normally you’re dealing with one or two clients, but helping the whole board run their community the best they can is rewarding.”

Family law is another passion. The issues tend to be the most emotionally difficult in that practice area, and she enjoys being able to help clients through the rough times. She likes to say, “Deal with you, and let me take away the burden of the worry.”

In July, Zemola began a term as president of the Lee County Association of Women Lawyers, whose goals include promoting the status of women in the legal community, maintaining supportive networks among members of the profession and supporting not-for-profit organizations to foster goodwill in the community.

Zemola’s primary concern is gaining new members, both male and female. After all, promoting the status of women in the community should be a worthwhile goal for men and women alike.

In addition, Zemola is active with the Coalition for a Drug Free Southwest Florida and is a Panhellenic leader, organizing philanthropic activities in association with sorority alumni. She also calls herself “an organized hoarder.” She explains, “I collect a lot of stuff that isn’t collectible.” She also enjoys running, SCUBA diving and geocaching. |RG|

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RES GESTAE | SEPTEMBER 2013

In Memoriam Richard Dearborn DeBoest Richard Dearborn DeBoest, age 81, of Alva, Florida, formerly of Indianapolis, Indiana, passed away peacefully August 8, 2013. Rick was born in Salem, Oregon, on March 31, 1932. He was preceded in death by his parents, Henry F. and Katherine D. DeBoest, and his brother, Henry F. DeBoest, Jr. He graduated from Broadripple High School in Indianapolis in 1950. A member of Delta Tau Delta fraternity, he received his undergraduate degree from Indiana University. He then joined the Air Force, after which he attended the University of Florida School Of Law, receiving his law degree in 1960.

Rick moved to Fort Myers in 1960 and joined the law firm of Allen &, Knudsen, (n/k/a DeBoest, Stockman, Decker, Hagan, Cheffer, & Webb-Martin), from which he retired in 2002. A past-president of the Lee County Bar Association, Rick was an accomplished attorney who helped pioneer condominium law in the State of Florida and recorded the first Condominium Declaration in Lee County in November of 1963. In addition to his many civic activities, Rick was Assistant Civil Defense Director for Lee County. He was an avid hunter, fisherman, and all around outdoorsman. Throughout his life, Rick had a true love of nature and all levels of gardening and horticulture. He had a keen sense of adventure, was a world traveler, as well being artistic, imaginative and inventive.

Rick is survived by his wife: Dianne Crant DeBoest, his children: Patricia K. DeBoest, Lisa K. Meo (David), Richard D. DeBoest, II (Heather Fitzenhagen), grandchildren: Alia Alexander, Alexander “Zan” DeBoest, and Olivia DeBoest, his stepchildren: Dianne Powell, Richmond Powell, Jr. (Carol), Barbara Cheever (Tim), Christopher Powell (Susan), and John Powell, (Linda); and step-grandchildren Kathryn Turner (Jake), Caroline Powell, Caitrin Doherty-Powell, Sean Doherty-Powell, Julia Powell, Lea Powell, and John Powell, Jr.

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RES GESTAE | SEPTEMBER 2013

Legal Briefs

Three Henderson Franklin attorneys named Legal Elite

Attorneys Michael J. Corso, Russell Schropp and Robert Shearman of Henderson, Franklin, Starnes & Holt, P.A. were named to Florida Trend Magazine’s Tenth Annual Legal Elite, which recognizes and honors the top 2 percent of all Florida lawyers. To compile the list, Florida Trend asked actively practicing Florida attorneys to name the attorneys that they hold in highest regard as professionals.

Michael J. Corso is chair of the firm’s Tort & Insurance Litigation division. He has been a Florida Bar Board Certified Civil Trial Lawyer for over 30 years, and is also Board Certified in Business Law Litigation. Corso focuses his practice in litigation matters involving product liability and the defense of non-medical professionals such as lawyers, accountants, architects, engineers and surveyors.

Russell P. Schropp is chair of the Land Use, Zoning & Environmental law division and represents property owners and others before local, regional, state and federal agencies. He also writes the Judicial Update column for the firm’s Legal Scoop on Southwest Florida Real Estate blog.

Robert C. Shearman is Board Certified in Civil Trial Law and concentrates his practice in the defense of tort, civil rights, employment and real estate claims. He is also a Florida Supreme Court certified civil mediator.

Shearman represents numerous law enforcement agencies and officers, as well as other public and private entities with respect to constitutional claims, wrongful termination, discrimination, and harassment matters.

He currently serves as the attorney for the Lee County Sheriff ’s Office Civil Service Board.

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Legal Briefs Branning achieves AV Preeminent Rating R. Noelle Branning, staff attorney for the Lee County Tax Collector, achieved an AV Preeminent rating by Martindale-Hubbell. According to the Martindale rating methodology, the AV Preeminent rating is a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.Lawyers are rated on their legal knowledge, analytical capabilities, judgment, communication ability, and legal experience.

After eight years in private practice, Branning joined the Lee County Tax Collector’s office in May 2013 as their staff attorney focusing primarily on contract negotiations and human resources development.

Jursinksi receives historic third certification Kevin F. Jursinski has received his third Florida Bar Board Certified Specialist designation, in Construction Law. The principal attorney of the Law Office of Kevin F. Jursinski is now the only lawyer in state history to hold that designation along with certification in Real Estate and Business Litigation.

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Legal Briefs Get involved this Constitution Week!

As they do every year, Speakers in the Schools will visit public and private classrooms throughout Lee County during Constitution Week. Constitution Week is an annual observance commemorating the adoption of the United States Constitution, and corresponds with the school week that includes September 17th, Constitution Day, and Freedom Week, the following week.

Students are looking forward to hearing from attorneys and judges willing to make room in their schedules for this important public service. Widely popular with teachers and students alike, the Speakers in the Schools Program is led by LCBA Treasurer Scott Atwood.

To participate in the Program, please connect to Scott at the following e-mail address: scott@atwoodlawfirm.com or call his office phone number: 239-898-4130.

Sean P. McCabe Southwest Florida Regional Planning Council

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Rachelle Hellams

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⚖ Matthew G. Petra Kyle S. Cohen Becker & Poliakoff, PA U.S. Attorney’s Office, Middle District of Florida

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KEMPTON P. LOGAN Certified Mediator/Arbitrator SOUTHWEST FLORIDA CHAPTER Presents

"IPAD FOR LEGAL PROFESSIONALS" Speaker: Debbie Foster of Affinity Consulting September 12, 2013 8:00 AM - 10:00 AM 7:30 a.m. Continental Breakfast and Registration

Embassy Suites

10450 Corkscrew Commons Drive, Estero, FL (1-75, Exit 123)

ALA Members - $25 per person Non-Members - $30 per person

Please return this invitation, with name of attendee and payment, to: Wenke Brandes c/o Garlick, Hilfiker & Swift, LLP 9115 Corsea del Fontana Way, Suite 100, Naples, FL 34109

on or before SEPTEMBER 4, 2013.

WE LOOK FORWARD TO SEEING YOU!

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RES GESTAE | SEPTEMBER 2013

• Certified Circuit-Civil and 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 • Available for Court ordered or private arbitration.

• www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net

Calendar of Events

SEPTEMBER 2013 2&5 6 13

OCTOBER 2013 7 14

LABOR DAY & ROSH HASHANAH Courthouse & LCBA office closed

Young Lawyers Division Lunch Meeting French Connection at Noon

RPPTL Practice Section Lunch

12 p.m. Henderson Franklin in conference room 1

17

Family Law Section Brown Bag Series

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LCBA 3rd Thursday Social

Constitution Week Speakers in the Schools

Family Law Section Brown Bag Series Law: Jurisdiction in Family Law Cases.

Presenter: Nicole L. Goetz

Order: Five Attorneys, 10 Rules. Presenters: Luis Insignares, Lori Clifford, Keith Grossman, Bernard King and L. David Sims 5-7:30p.m. SPECIAL DAY & LOCATION! Grand Opening at CopyLady’s new location, 1949 Dana Drive, Fort Myers

Membership Luncheon Meeting “Pro Bono Service Awards” 11:45, Location TBA Sponsors: iBERIABANK

5-7 p.m. at Leslea Ellis, LLC, 6326 Presidential Court, Suite 2. Sponsors: Leslea Ellis, LLC & Chase Mayhugh Realty

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FREE CLE with acceptance of 1 pro bono case in the next two years: “GUARDIANSHIP TRAINING FOR ATTORNEYS”

at The Edison Restaurant, 8 a.m. Registration & Continental Breakfast, 8:30 – 11:30 Program with Sharon Langer, Dade County Legal Aid

Membership Luncheon Meeting

“The Constitution” 11:45, at The Edison Restaurant, Sponsors: iBERIABANK

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Membership Committee Meeting Noon

12 p.m. Henderson Franklin in conference room 1

LCBA 3rd Thursday Social

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French Connection at Noon

RPPTL Practice Section Lunch

Membership Committee Meeting Noon

1620 19

Young Lawyers Division Lunch Meeting

Land Use & Governmental Law Practice Section Lunch Meeting Lee County Public Works at 1500 Monroe St, in 1st FL Conf Rm

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

Land Use & Governmental Law Practice Section Lunch Meeting

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

Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events.

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org

Congratulations to the Members of the Lee County Bar Association’s

100 Club

Aloia Roland & Lubell, LLP

Fried & Fried, P.A.

Knott Ebelini Hart

Andrew S. Epstein, P.A.

Garvin Law Firm

Arend & Sisk, P.A.

Geraghty, Dougherty, Edwards, P.A.

Kuhn Law Firm, PA Kushner & Kushner Lee County Legal Aid Society, Inc. Luis E. Insignares, Attorneys at Law The Livingston Law Firm McQuagge Law Firm The Law Firm of Scott T. Moorey 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.

Bonita Springs City Attorney’s Office Costello Royston & Wicker, P.A. Boyle Gentile Leonard & Crockett P.A. Bruno & Prado, PLLC Burandt, Adamski & Feichthaler, P.L. Calvo & Calvo Coleman & Coleman

Goldberg, Racila, D’Alessandro & Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP

Engvalson & Associates, P.A.

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

Fort Myers City Attorney’s Office

Joseph R. Gaeta, P.A.

Fowler White Boggs, P.A.

The Law Offices of Kevin F. Jursinski, P.A.

Freidin • Dobrinsky

Andre J. Patrone, P.A. Pavese Law Firm Phoenix Law Partners, P.A. Rubinstein & Holz, P.A. Sheppard, Brett, Stewart , Hersch, Kinsey & Hill, P.A. 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.

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Referral Fees Paid Many businesses that did not know they could make a claim are now included in the 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

Here for you… yesterday, today and tomorrow Lending Team – From left bottom row: Pam Edwards, Vice President, Lending; Leah Kirby, Vice President, River District Office Manager; Robbie Roepstorff, President From left middle row: Willy Ocasio, Captiva Office Manager; Rob Lisenbee, Vice President, Sanibel Office Manager; Kim Nyberg, Vice President, Professional & Executive Banking; Liz Aurensan, Vice President, Lending From left back row: Geoff Roepstorff, CEO; John Ammons, Vice President, Cleveland Avenue Office Manager

Some things should never change, and the commitment and dedication of your bank is one of them. As the oldest locally-owned and operated bank in Lee County, we have been here for you for decades with quality service, personal care and local decision making. That is something you can always bank on.

See us for a business loan or a fixed rate residential loan to purchase or refinance. Now is the time to invest in the future, with your local bank.

We make banking about YOU! 13000 S. Cleveland Ave. Fort Myers, FL 33907 239.466.1800

2105 First St. Fort Myers, FL 33901 239.334.4668

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

1699 Periwinkle Way Sanibel Island, FL 33957 239.472.7211

14812 Captiva Drive Captiva Island, FL 33924 239.395.0248

www.bankoftheislands.com