THE OFFICIAL PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION AUGUST 2014
AMENDMENT 2 PUTS LIVES AND LAW IN THE BALANCE EDISON & FORD WINTER ESTATES
2014
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Contents features
departments
16
6
Letter from the President
8
Letter from the Editor
10
Calendar of Events
Lee County Business Court
by Kevin F. Jursinski, B.C.S.
18
The Lawyer as Ethical Negotiator by Robin Doyle, Esq.
22
by John D. Agnew, Esq.
by Nanci DuBois
The State of Compassion 12 Family Law Matters Amendment 2 Puts Lives and A Rose is a Rose Law in the Balance
by Sara Fitzpatrick Comito
by Luis E. Insignares, Esq.
20 100 Club 26 Community Connection
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27
Real Estate
by Sara Fitzpatrick Comito
where to buy, sell or lease
30 The Dish
Kenwood Lane Grille
30 The Dish List
22
where to meet and eat
32 Legal Lens
social scene photos
36 On the Bench
37
Hon. J. Frank Porter
From the Bar
Ita Neymotin, Esq.
40 Legal Briefs
news and happenings
26
The Real Estate Section, Page 27
4
RES GESTAE | August 2014
Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EXECUTIVE EDITOR Nanci DuBois 239.334.0047 ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Sara Fitzpatrick Comito John D. Agnew, Esq. Nanci DuBois Luis E. Insignares, Esq. Kevin F. Jursinski, B.C.S. Robin Doyle, Esq. 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. Cover Photo: April Bordeaux
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Copyright© 2014. 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 As President of the LCBA, I am grateful for the opportunity to meet and interact with a diverse group of my colleagues and others in the legal industry, many of whom I might not otherwise have had the opportunity to know. Likewise, I have made countless new acquaintances with non-lawyers who sponsor our events, advertise in the Res Gestae or who have supported the LCBA in some form or another. It has been a genuine privilege working with, and getting to know, so many of you. One recent event that brought a great mix of people together was our Fourth Annual Charity Golf Tournament. The tournament, which also included a lunchtime silent and live auction, raised more than $20,000 for PACE Center for Girls of Lee County—a sum greater than any other single event held in the LCBA’s 65-year history. We knew pairing the LCBA and PACE for a charity event would be a great success, but the result exceeded even our most optimistic expectations. It was a collaborative effort that could not have reached this level of success without the dedication of many volunteers, generous sponsors and donors, and all the players who came out to support the event. Although a complete list of “thank yous” would take more space than I have in my column, I would like to specifically recognize Ken Jones and Kelly Fayer, as co-chairs of the banner event, committee members Shannon Puopolo, Kim Bocelli, Amanda Bartley, Theresa Daniels, Susan Galbraith, Amy Denius-Jean, Kendra Sutton, and our Executive Director, Nanci DuBois, and her Executive Assistant, Lisa Poulin. Each of these individuals spent countless hours making the event the best it’s ever been, and they each have my sincerest gratitude. At the time of my submission of this article, we still had a July 21 golf tournament after-party that we knew would contribute to the bottom line, so we could not yet publish the final figures for the money raised or provide a complete list of all those who graciously contributed to the event. Please join us at our August 15 member luncheon, where we will present the full donation to PACE, then hear from State Representative Heather Fitzenhagen, who will present a legislative update, as to what is new and affecting us out of Tallahassee from this past year, and what is expected to be on the agenda this next legislative session. If good deeds and politics are not enough to draw you out on August 15, I hope the last item on the agenda that day will be the tipping point. As everyone should be aware from prior announcements, we are slated to vote on the proposed amendments to the LCBA bylaws. The thrust of the proposal is to expand the Executive Council from five voting members to nine and to shorten the terms of office to become a more inclusive board that is better able to serve the diverse needs of our members. In advance of this important vote, if there are any questions about the proposal, I welcome your call or e-mail. John D. Agnew, Esq. john.agnew@henlaw.com | (239) 344-1364 6
RES GESTAE | August 2014
LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM EXECUTIVE DIRECTOR Nanci G. DuBois EXECUTIVE ASSISTANT Lisa Poulin LAWYER REFERRAL & PRO BONO COORDINATOR Kathy Robinson
EXECUTIVE COUNCIL PRESIDENT John D. Agnew, Esq. VICE-PRESIDENT Anne Dalton, Esq. SECRETARY Scott Atwood, Esq. TREASURER Kelly Fayer, Esq. MEMBER-AT-LARGE Daniel Endrizal, Esq.
YOUNG LAWYERS DIVISION PRESIDENT Shannon Puopolo, Esq.
COMMITTEES HISTORY E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. LAW RELATED EDUCATION T. Rankin Terry, Esq. LAW WEEK Hon. John S. Carlin MOCK TRIAL Mary C. Evans, Esq. PAST PRESIDENT Mary C. Evans, Esq. PRO BONO Audrey M. Singleton, Esq. & Katie Berkey, Esq. MEMBERSHIP Janette Smith, Esq. SOCIAL EVENTS Amanda Mitteer-Bartley, Esq.
PRACTICE SECTION CHAIRS ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. APPELLATE LAW Margaret White-Small, Esq. CRIMINAL LAW Keith Upson, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. GENERAL CIVIL & BUSINESS LITIGATION Mary Ellen Briedé, Esq. & Carlos Kelly, Esq. TORT LITIGATION Preston John (PJ) Scheiner, Esq. FAMILY LAW Rana Holz, Esq. & Jo Ellen Kane, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq.
Personal Injury Medical Malpractice Wrongful Death Family Law
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Letter from the Editor Customer Service: When is enough…too much? I think I took customer service too far once, to help a little old lady who needed our Lawyer Referral Service late on a Friday afternoon. Her vehicle had been impounded with her wheelchair inside the van, and she needed to get it before the weekend. I called the impound center, who in turn called the attorney in Jacksonville (the one who had ordered the impounding) for permission to allow access to the vehicle for the purpose of retrieving the wheelchair. Once this permission had been granted, there was no time left on Friday to arrange to get the lady to the impound center before it closed for the weekend. However, the officer said someone would open up on Sunday especially for the little old lady. Much to my surprise, on Monday I got a call from the impound center officer, to say that the “little old lady” had broken into the impound center with friends on Saturday night, had stolen the vehicle, and had parked the van back in her own driveway. She was, needless to say, arrested. When she was placed in the back seat of the patrol car, this “crippled” little old lady then proceeded to kick the window out of the car with her feet in a rage! This is a prime example of having gone beyond reasonable service. And getting egg on my face for it! Hours had been put into phone work and cajoling on behalf of this person by yours truly. In truth, I felt like the cartoon character Elmer Fudd, who morphs into a sucker pop at the moment of realizing idiocy. Reflection on a more reasonable and efficient response to the woman’s predicament ensued, and procedures for my staff were put in place so they, and I, would not go overboard in assuming too much responsibility in the future. We can and do perform good deeds within our Bar Association and its Lawyer Referral Service, certainly. Pride in our service is largely due to those times when we are able to help someone truly in need. But we also have to recognize there are people we serve who may not be telling us the whole story. It’s a chance we take every time the phone rings! Experience is a great teacher, but the value of secondhand wisdom cannot be overstated. Turn the page and take a look at the calendar of events, then decide to take advantage of a section meeting or two – even if the practice area is different from your usual focus. Attend the monthly LCBA Membership Meetings. Any social, networking or education event presents an opportunity to learn from someone who’s already dealt with a situation you’re now facing. Perhaps you have a particular battle story, like the one above, that will help someone else gain much-needed perspective.
Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102 8
RES GESTAE | August 2014
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Calendar of Events CELEBRATING 90 YEARS: 1924 – 2014
When it comes to sensitive divorce, marital and family issues, we understand. Meet the Henderson Franklin attorneys ready to help
Christina M. O’Brien
Kayla E. Richmond
Associate
Associate
August August 1 August 15
August 22
No ADR Practice Section Meeting No Criminal Law Practice Section Meeting No Family Law Practice Section Meeting Young Lawyers Division Meeting
Noon - 1 pm, The Connection Café, 2288 First Street, downtown Fort Myers
LCBA Membership Meeting
11:45 am – 1 pm at Sidney & Berne Davis Art Center, Fort Myers. Theme: Legislative Update, featuring Rep. Heather Fitzenhagen as keynote speaker.
RPPTL Practice Section Brown Bag Luncheon
Noon – 1 pm. Judge Winesett’s Court Room- 4H. Probate Supreme Court Rule Changes affecting Probate and Guardianship, featuring Mr. Kemp.
August 28
Land Use & Governmental Law Practice Section Meeting
September
Postponed to 2015: Walk-Run-Wheel Charity Event at Lakes Regional Park
Sept 4
Sept 5 Sept 12
Noon – 1:30 pm, at Henderson Franklin Starnes & Holt, PA, Fort Myers
Appellate Law Practice Section CLE Luncheon
Noon – 1 pm with Second District Court Hon. Charles Davis, Karen Rossi, Esq. & Sarah Corbett, Esq. Lee County Justice Center, Courtroom TBA
Young Lawyers Division Meeting
Noon – 1 pm at The Connection Café, 2288 First Street, downtown Fort Myers
RPPTL Practice Section Brown Bag Luncheon
Noon - 1 pm. Location to be announced on our website calendar, www.leebar.org
Investiture L. David Sims
Hon. James Sloan. 3:00 pm, location to be announced on our website calendar, www.leebar.org
Beth T. Vogelsang
Partner, Chair
Partner
Florida Bar Board Certified in Marital and Family Law
Florida Bar Board Certified in Marital and Family Law
WE UNDERSTAND THE EXTREME EMOTIONAL AND FINANCIAL STRESS. Henderson Franklin’s Divorce, Marital & Family Law attorneys can assist with: • Divorce • Paternity cases • Child support, alimony and • Prenuptial and postnuptial child custody matters agreements • Cooperative • Domestic and repeat problem solving violence injunction actions • Modification and • Adoption enforcement actions of • Mediation support and parenting
Sept 15-19
Sept 18 Sept 19
Sept 25
Constitution Week Speakers in Schools
Contact Scott Atwood at scott@atwoodlawfirm.com to learn more or get involved. Additional speakers are needed every year to meet demand for this important program!
Family Law Practice Section Meeting
Noon to 1 pm, Courtroom 5C, 5th Floor - Lee County Justice Center, Fort Myers
LCBA Membership Luncheon
11:45 am – 1 pm, Sidney & Berne Davis Art Center, Fort Myers. CLE. Theme: Professionalism. Presenters: Marcy Shaw, Laird A. Lile, Michael D. Randolph
Land Use Section Meeting
Noon to 1:20 pm, Lee County Public Works Building, 1500 Monroe Street, Fort Myers, 1st Floor Conference Room
Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples* ©2014 Henderson Franklin Starnes & Holt, P.A.
10
RES GESTAE | August 2014
* By appoinment only
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
Kick Start your Labor Day Weekend!
Join Jim Brantley of Donnelly & Gross and Kim Hart of the Law Office of Kim Patrick Hart for a
Pre-Labor Day BBQ FOOD. DRINKS. MUSIC . Music Including: Kim Hart performing a special tribute to Frank Sinatra accompanied by the Hearsay Cafe Jazz Band at 6:00 p.m.
Friday, August 29 ~ 4-7:30 P.M. 2205 McGregor Blvd. • Fort Myers, FL 33901
RSVP to Sandy@KimHartLaw.com
Family Law Matters
A Rose Is A Rose But Would A Kid By Any Other Name Smell As Sweet? by Luis E. Insignares
For many couples, naming a child can be a stressful experience, because a child’s name can be important, and potentially affect the child for the rest of his or her life. Even in the most stable and committed relationships, disagreements can occur. But did you know that the state of Florida actually has a statute on disputes about naming kids? It’s true! And as you might expect, different rules apply when the parents are married versus unmarried, and depending upon which parent has custody. The child-naming statute is actually a part of the more generalized “birth registration” statute, Section 382.013, since the name on the birth certificate is the child’s legal name. Subsection (3), entitled “Name of child,” sets forth three rules for naming kids. The first pertains to children born to married couples: (a) If the mother is married at the time of birth, the mother and father whose names are entered on the birth certificate shall select the given names and surname of the child if both parents have custody of the child, otherwise the parent who has custody shall select the child’s name. Fla. Stat. § 382.013(3)(a) (2013). That’s about what you’d expect, if the couple are married and both have custody it’s a joint decision, otherwise to be made by the sole party with custody. But what if they disagree? This: (b) If the mother and father whose names are entered on the birth certificate disagree on the surname of the child and both parents have custody of the child, the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order. If the parents 12
RES GESTAE | August 2014
disagree on the selection of a given name, the given name may not be entered on the certificate until a joint agreement that lists the agreed upon given name and is notarized by both parents is submitted to the department, or until a given name is selected by a court. Fla. Stat. § 382.013(3)(b) (2013). Note that this appears to apply to all disputes between birth certificate-named parents, married or not. The “alphabetized-hyphenation” rule covers last names when there is joint custody, and if the parties won’t agree on a first name, a judge names the baby! However, the second sentence, on judges picking first names, is vague. Does it also apply only to joint-custody parents? Here is the last provision on name changing, which may raise as many questions as it answers: (c) If the mother is not married at the time of birth, the parent who will have custody of the child shall select the child’s given name and surname. Fla. Stat. § 382.013(3)(c) (2013). Exactly how all the above provisions work together in all situations is not very clear. For example, if the parties are unmarried yet the father successfully is awarded rotating custody, does subsection (3) (b) or (3)(c) apply? Also, how can subsection (3)(b), written in terms of “mother” and “father,” be applied to situations where a child might have two parents of the same sex? If same-sex marriages are declared legal in Florida, which now Continued on page 14
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13
Family Law Matters Continued from page 12
seems likely, the statute will probably have to be re-written or judicially modified. The further question arises as to whether the child’s name can be changed later. Under Section 68.07(7), married couples may jointly petition to change their last names and their kids’ names, in which case the parents have to make the same showing as other adults and the minor children’s names may be changed at the discretion of the court. Under subsection (8) of the same statute, when only one parent petitions for child’s name change, proof of service of process on the other parent must be filed, but if the other parent is a nonresident, constructive notice may be given, and without the necessity of recordation. The standard is simply whether the change is in the child’s best interests. Azzara v. Waller, 495 So. 2d 277 (Fla. 2d DCA 1986); Durham v. McNair, 659 So. 2d 1291 (Fla. 5th DCA 1995); Levine v. Best, 595 So. 2d 278 (Fla. 3d DCA 1992). However, because of the rule that such decisions must be based on evidence other than the parties’ “conclusory assertions,” see, Hutcheson v. Taylor, 43 So.3d 921 (Fla. 1st DCA 2010), in practice the standard has often been hard to meet. C.f., id. (paternity not a sufficient basis for giving out-of-wedlock child hyphenated name to include father’s name, despite father’s claim that child having mother’s maiden name "may eventually send the child a
negative message regarding the Mother's attitude about the Father-daughter relationship"); Wilson v. Smith, 126 So.3d 413 (Fla. 2d DCA 2013)(child’s father had limited contact with child, father had more time to serve before release from incarceration, and father was not financially supporting child or child’s mother; held: name change requested by mother reversed); Cothron v. Hadley, 769 So. 2d 1148 (Fla. Dist. Ct. App. 5th Dist. 2000)(embarrassment children might suffer due to father’s status as convicted sex offender and hearsay testimony that older child wanted no association with father’s name insufficient for change). RG Luis E. Insignares is a board certified marital and family lawyer and a certified family law mediator practicing in Fort Myers, Florida with the firm of Luis E. Insignares, P.A. He serves on the Executive Council of the Family Law Section of the Florida Bar and is a current member of the Family Law Certification Review Committee and former member of the Family Law Rules Committee of the Florida Bar.
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RES GESTAE | August 2014
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LEE COUNTY BUSINESS COURT: GREATER JUDICIAL EFFICIENCY WITH BUSINESS DEVELOPMENT BENEFITS by Kevin F. Jursinski, B.C.S.
Florida Trend magazine chose Lee County as its featured Florida community. The November 2013 article showcases the efforts of community leaders to draw attention to the benefits of operating a business in our area and to encourage businesses to relocate here. Lee County and local business leaders have spent a great deal of time and public funds in the past few years in this endeavor. The results are now paying off - major national and international companies are either relocating or considering relocating their businesses to Lee County. I suggest that an additional tool be considered to attract these companies: A dedicated Business Court that would specialize and handle only business related legal matters. As attorneys practicing in the 20th Judicial Circuit, we act as officers of the court and advocates of our clients but we are also members of the business community. We are called upon to use the court system to advance our clients’ interests. We look to the court system to help resolve issues, ideally in the most efficient way possible. Exercising our roles, we have a duty, as officers of the court, as well as consumers in the court system, to make recommendations to better the system to benefit our clients and our community. I’ve had some extremely positive feedback from a number of attorneys and business leaders in the area who have indicated a strong interest in considering the concept of a business court in the 20th Judicial Circuit. The Business Court concept has been a growing trend nationally and statewide. In Florida, Business Court programs have been developed in Orlando, Miami, Tampa and Fort Lauderdale and have reaped benefits for those areas. According to an article from the Judicial Studies Institute Journal, “Commercial Courts: A Twenty First Century Necessity”, a county that has a Business Court provides a strong inducement for national and international companies to relocate to that particular area. The following factors have been identified, in a number of studies, showing the benefits of a Business Court: 1. Expertise – A Business Court that handles strictly business related matters develops expertise, experience and knowledge in those areas. 16
RES GESTAE | August 2014
2. Efficiency – A Business Court develops a judiciary whose sole responsibilities are business related matters with the result that judicial functions are performed more rapidly and efficiently. A cost savings to the taxpayer. 3. Resource Availability – By being more efficient in handling business related cases, Business Courts free up additional time for judges to handle other court related needs, providing better service for everyone who utilizes the court system. 4. Stability – There would be more consistency and predictability based upon a Judge’s prior rulings on business related legal issues. 5. Recruitment - As important as the above factors are to provide an immediate benefit to our community, it has been shown that a Business Court can result in businesses being recruited to an area since they know that a specialized Business Court is in place to resolve business disputes. The Florida Bar advocates that attorneys specialize and become certified in particular areas of the law in order to better serve their clients. Similarly, the judges who serve on the Business Court would be specialized in the area of business law, better assisting our current business community, litigants and attorneys and making our Court System more efficient. Lee County has spent a great deal of money targeting certain businesses and providing public funds to encourage businesses to relocate to our community. Some of those investments have proven to be effective (Hertz) and some have not (VR Labs). The investment in a Business Court would provide immediate benefits and eliminate some of the risk of distributing public funds to start-up companies. If the current approach was supplemented along with a Business Court, our community would be on equal footing with other communities that have embraced this concept and are already attracting businesses to their areas. National and international companies looking to relocate or expand would not only recognize the natural benefits of this area but recognize the forward thinking business climate with a Business Court to serve Southwest Florida. RG Kevin F. Jursinski is a Florida Bar Board Certified Attorney in Real Estate, Business Litigation & Construction Law. He is a certified circuit court mediator as well as a state-qualified arbitrator, handling only real estate, construction and businessrelated issues. Kevin is a member of The Florida Bar’s sections on: Real Property, Probate & Trust; Business Law; Entertainment, Arts & Sports Law; and City, County & Local Government Law.
J H. B High-Net-Worth, Complex Family Law
Former Chief Judge of Florida’s 11th Judicial Circuit Former Family Law Division Administative Judge Florida Bar Board Certified Civil Trial Lawyer Florida Supreme Court Certified Mediator Miami | Fort Myers | Fort Lauderdale
800.815.6232 FreidinDobrinsky.com
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The Lawyer as Ethical Negotiator by Robin Doyle, Esq.
“All’s fair in love and war,” or so the saying goes. What’s fair and ethical in negotiation? The attitude of some seems to support including negotiation with love and war. But, for lawyers, the Rules of Professional Conduct indicate otherwise. A recent case (names and some facts altered to protect mediation confidentiality) raises ethical questions for attorneys involved in difficult negotiations. John and Tim were partners in a mostly successful business for 18 years. When John died suddenly, Tim continued to operate the business, changed banks and set up all accounts so that he had sole control. After all, he said, it was his hard work that had built up the company over the previous 18 years. Not surprisingly, John’s widow, Mona, filed suit claiming a 50% interest in the company. After a year of contentious litigation, Judge Smith ordered the parties to mediation. From the little discovery that had been done, Mona and her attorney knew that the bank accounts held $180,000 when Tim changed banks. What they didn’t know was that during the year of litigation, the company had scored a really big account that provided $500,000 profits in the first year and promised even larger returns in the future. The two lawyers talk about the possibility of settlement and Mona’s attorney demands $100,000 based on the bank deposits. Tim has told his attorney that he would like to get out of the litigation as quickly and cheaply as possible and if that means paying half of the company’s profits to date, he is prepared to do so. What can and should Tim’s attorney ethically say in response to the $100,000 offer? “This company has never made much more than Tim’s salary and he can’t afford to pay you $100,000.” Knowing that the company has made more than Tim’s salary in the past year and that the company can pay much more than the $100,000 because of recent profits, Tim’s attorney has misrepresented a material fact. That is prohibited by Rule 4-4.1, which requires a lawyer to be truthful when dealing with others on a client’s behalf. “That would be over half of the money in the company at the 18
RES GESTAE | August 2014
time of John’s death and paying that would leave the company without enough capital to operate.” Does Rule 4-4.1 require Tim’s attorney to disclose the $500,000? Generally, there is no affirmative duty to inform a party of relevant facts, but there are exceptions. Attorneys cannot make misrepresentations of material facts. Here the first fact recited “over half the money in the company at . . . death” is true, but the second fact is clearly false. To make that statement would be misleading and not allowed. “That would be over half of the money in the company at the time of John’s death, but I’ll see if something along those lines will work.” Unlike the representation above, this is true and does not trigger an obligation to disclose additional information. “What if I could get Tim to pay $90,000 and both parties simply release all claims so they could just ‘get on with their lives?’” Perhaps the cleanest response to the offer and perhaps the best negotiating tactic. Lawyers are frequently in negotiation. Clients look to their lawyers to negotiate claims before or during litigation, to mediate a litigated case or to guide them through the back-and-forth discussion of the terms of a proposed transaction. Whatever the scenario, the Rules of Professional Conduct govern a lawyer during the negotiation. An occasional review of the rules and ethical standards is not a bad idea. RG Robin Doyle devotes his time exclusively to conflict resolution through mediation, arbitration and innovative alternative dispute resolution methods. Building on his 30 year career as a successful trial lawyer handling cases ranging from construction defects and accidents to complex commercial disputes, he helps parties focus on solving problems. For more information, visit www.DoyleResolution.com.
4280 CLEVELAND AVENUE, FORT MYERS, FL 33901 | 2392770005 | www.GARVINLEGAL.com
Donna Tisch Mediations • Arbitrations
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Congratulations to the Members of the Lee County Bar Association’s
100 Club
Aloia Roland & Lubell, LLP Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Bonita Springs City Attorney’s Office Costello Royston & Wicker, P.A. Boyle Gentile & Leonard, P.A. Burandt, Adamski & Feichthaler, P.L. Calvo & Calvo Coleman & Coleman Cole, Scott & Kissane, P.A. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Engvalson & Associates, P.A. Fort Myers City Attorney’s Office Fowler White Boggs, P.A. Fried & Fried, P.A. Garvin Law Firm Geraghty, Dougherty, Edwards, P.A. 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 Henderson, Franklin, Starnes & Holt, P.A. The Law Offices of Kevin F. Jursinski, P.A. Knott Ebelini Hart Kuhn Law Firm, PA
Kushner & Kushner Lee County Legal Aid Society, Inc. McQuagge Law Firm North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Prather and Swank, P.A. Patrone & Kemp, PA Pavese Law Firm Rhodes Tucker Roetzel & Andress, L.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. Toll Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Weldon & Rothman, P.L. 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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The State of Compassion? Amendment 2 puts lives and law in the balance
by Sara Fitzpatrick Comito
D
octor’s orders. Countless moms and dads have used this phrase when administering an unpalatable concoction to a fussy, sick child. Evoking the physician as the highest authority was intended to serve as a means to quell further protests. Polls indicate respect for nurses and other allied positions has surpassed that of doctors, but most of us still rely on healthcare professionals to tell us what’s good for us. So what are we to do when the organizations that represent those folks are at odds with one another? That is the current situation when it comes to the issue of medical marijuana. As Floridians wrestle to sort out the often noisy opposing viewpoints, organizations like the Florida Medical Association, Florida Society of Addiction Medicine and American Medical Association have come out against any legalization of cannabis, while the American College of Physicians, American Public Health Association and American Nurses Association have voiced support for allowing access to the therapy. Polls indicate anywhere from 57 to 88 percent of voters support passing the amendment. Meanwhile, Florida bears the perhaps dubious and debatable reputation of prosecuting simple possession with a draconian vehemence. John Morgan has famously spent $4 million of his own money to get the referendum on the November 4 ballot. The recent passage of a law to legalize select use of the low-THC strain of marijuana known as Charlotte’s Web has marked a shift to a gray area of public opinion since Nancy Reagan’s black-and-white battle cry of “Just say no.” Twenty-three states plus Washington D.C. have legalized medical marijuana. Florida now finds itself a bellwether state at the intersection of compassion and contention.
A tangled Web Since the “Compassionate Medical Cannabis Act of 2014” was officially signed into law on June 16, medical marijuana entrepreneur schools have sprung up overnight, and commercial nurseries are scrambling for a share of a potentially lucrative market. Amendment 2, or the Florida Right to Medical Marijuana Initiative, seeks to expand the types of disorders, symptoms and populations that can legally be treated with marijuana, and seeks to extend discretion to healthcare providers for defining qualifying cases. Senate Bill 1030 mandated the creation of a new governmental entity, the Office of Compassionate Use, which is tasked, among other things, with maintaining a compassionate use registry of physicians and patients that is accessible to law enforcement, authorizing five dispensing organizations across the state and “adopting rules necessary to implement the law.” This last responsibility represents one of the major problems of legalizing physician-directed use of a medicine that is illegal on a federal level while the other states that have already done so are still trying to work out the kinks. 24
RES GESTAE | August 2014
Attorney Carolann Swanson believes expanding access to medical marijuana is the right thing to do for patients with legitimate need, “but I am unsure how the law will be implemented.” “It’s a real concern with law enforcement and the legislature,” agreed Attorney Scot Goldberg, whose practice areas include criminal justice. “Once they do legalize medical marijuana there is a whole litany of problems that come after that.” P r o d u c i n g , transporting, shipping, taxing and legal driving limits are just a few of the areas that present unanswered questions “And they’re not going to be answered until we’re faced with a problem,” concluded Goldberg, who also serves on the board of SalusCare, a provider of mental health and substance abuse treatment. The unknown is scary, he conceded, acknowledging a fear of unknown consequences may prejudice some voters against anything other than the status quo.
Growing concerns Swanson is a former Chair of The Agricultural Law Committee of the Florida Bar and has much more related experience and credentials. She originally assumed expanding access to medical marijuana would bolster the farms operating in the free market. “However,as Charlotte’s Web regulations have been enacted, the selection of nursery growers is going to be extremely limited. It seems the grower-related impact is going to be a windfall for very few in the nursery industry.” A combination of stringent qualifications and a lottery system will eventually sort out which five operations will be granted license to grow Charlotte’s Web. At a recent rulemaking workshop lobbyists and entrepreneurs objected both to the five-grower limit and the lottery system, citing concerns over the ability of those few operations to satisfy the market’s potential demand. Agriculture Commissioner Adam Putnam has gone on the record with his opposition to Amendment 2,
with some of those competing nurseries also joining in that refrain. Republican Representative Matt Caldwell added the lastminute amendment into SB 1030 that required a nursery to have been in operation for 30 years, among other restrictions, for which the Florida Nursery, Growers and Landscape association had lobbied. Critics complain that amendment favors monopolies and high prices and disadvantages small businesses. A North Fort Myers native, Caldwell was quoted in the News-Press as saying, “…legalization of medical marijuana is no more a serious risk to public health than tobacco or alcohol.” No nurseries in Lee County are represented in the roster of possible growers. Still another unanswered question is how the product will originally be obtained, as the transport of marijuana acrossstate lines is illegal under federal statutes.
A bitter pill Christopher Cosden is convinced the status quo is not working. Cannabis is listed as a Schedule 1 drug, meaning it’s deemed more dangerous and less useful than cocaine, for instance. In addition, sentencing requirements mean that possession, even for personal use of more than 20 grams of marijuana is a felony. Throw in a prior offense, and it’s not unheard of for a person to be locked up for many years. A constitutional and criminal law attorney, Cosden said, “We as a group tend to lump all drugs together. If we stop to think about it, we all know that some illegal drugs are much, much more dangerous than others.” Synthetic opiates, for instance, have proven a major bane to society. There is a lot of money in pain pills. “Major pharmaceutical houses went to great lengths to sell those drugs,” he said. As has recently been reported, many addicts are turning to heroin, which is making a comeback in Lee County. Bruce L. Scheiner handles a large number of traffic accident cases. The personal injury lawyer said he’s never been involved in a case where marijuana intoxication was deemed the cause.
“I know we have had accidents involving a combination of alcohol and other drugs, but not just cannabis.” He said it’s very important that people with a legitimate need for medical marijuana have legal access to the medicine. “It does raise challenges to those people driving, but we have to assume people will comply with the law.” Goldberg believes medical marijuana will be legalized – if not in November, then soon. He acknowledged his views may be different from his fellow SalusCare board members in that he doesn’t believe it’s a gateway drug and that it can be of valuable therapeutic use. But he also doesn’t dispute opponents’ charge that the initiative is ultimately a push for decriminalization altogether. And is that bad?
Clearing the air According to the Florida Sheriff ’s Association, it is. Attorney General Pam Bondi is a staunch opponent. On the recommendation of a Twentieth Judicial Circuit judge, this magazine reached out to the National Association of Drug Court Professionals, who refused direct comment, but sent a list of 33 “whereas” statements citing, for example, softening attitudes on marijuana use; a rising number of emergency room visits for marijuana use, which the organization asserts now exceed those for heroin use; and a link between marijuana use and the onset of mental disorders such as schizophrenia – all of which cause the organization to oppose, among other things, the legalization of smoked or raw marijuana, but to support research “into a medically safe, non-smoked delivery of marijuana components for medical purposes.” The Vote No on 2 campaign and Don’t let Florida Go to Pot coalition have assembled some massive public relations machinery to counter John Morgan’s United for Care campaign. For Swanson, despite the unknowns, the outcome is personal. “One of my family members has a spinal cord injury, and I have seen first-hand how difficult it is to manage. I firmly believe if there are any therapies that will benefit people who are in pain or have other conditions that can be helped they should have access to those medicines.” While the potential benefits and pitfalls of untested regulation are still not known for patients, healthcare practitioners, law enforcement, agriculture, business, business and tax coffers (the state expects sales tax revenues will range between $8.3 million and $338 million), Cosden resorts to a reductio ad absurdum argument: “Marijuana grows in the ground. Peach pits grow in the ground. That doesn’t mean that either marijuana or peach pits is an effective, safe modality. Use of marijuana does make some people feel a whole lot better. If someone’s sick, really sick, and if you can give something to them to make them feel better that’s not demonstrably dangerous, why not let them do it, folks?” How will you vote on Amendment 2? Tell us why at resgestae@ leebar.org. RG August 2014 | RES GESTAE
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Legal Lens 1
2
3 4
5
6
LCBA Golf Tournament
7
1 Kendra Sutton and Nanci DuBois 2 Ken Jones of Roetzel & Andress Law Firm, Title Sponsor
8
3 Theresa Daniels, Megan Eileen and Connie Ramos- Williams, Publisher of LCBA’s Res Gestae magazine 4 J. Jeffrey Rice with Honorable Christine Greider and Honorable James Adams 5 Gail Markham, Joy Guglizza, Brittany Cohill, Donna J. Caruso 6 Lisa Poulin and Kathy Robinson 7 Amanda Mitteer-Bartley and Kelly Fayer 8 John Agnew and Kendra Sutton 9 Captain Morgan Bowden and Sheriff Mike Scott of the Lee County Sheriff’s Department
9 26
RES GESTAE | August 2014
Legal Lens 1
2
3 4
5
LCBA Out & About
6
YLD - Bahama Breeze Social: 1 Dan Sinclair, Shannon Puopolo, Ben Schott, Anitra Raiford, Rob Anderson, Jenn Keil, Kayla Richmond, and Stephanie Bendeck 2 Jenn Keil and Kayla Richmond 3 Shannon Puopolo, Anitra Raiford, and Stephanie Bendeck
7
4 Amy D’Alessandro, Martin Holland, Guichard St. Surin, and Jon Martin
8
LCAWL Annual Fashion Show & Spa Event, to benefit Lee County Legal Aid Society: 5 Claudia Volk models unique threads 6 Jo Ellen Kane walks the catwalk 7 Blair DeMinico enjoys some pampering 8 Dawn Jezik is all smiles on the catwalk August 2014 | RES GESTAE
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Community Connection
Edison & Ford Winter Estates
featuring Frank J. Aloia, Jr. by Sara Fitzpatrick Comito
Frank Aloia, Jr. is a history buff. He majored in the subject as an undergrad, and claims an affinity for local history as a third-generation Fort Myers native. His connection to the Edison & Ford Estates is far from solely academic, however; it’s in his blood. His great grandfather, Michael Pavese, was Thomas Edison’s barber. Frank J. Aloia, Jr. On most occasions, Mr. Edison was too busy with his research to get to the downtown shop that Mr. Pavese and two of his brothers opened in 1914, so Pavese would walk to the famous house to give him his shave and haircut. “On a couple of occasions, he allowed my grandmother, Frances Pavese Miller, to accompany him. She said Mrs. Edison was very nice and gave her cookies,” Aloia said. Fort Myers and surrounding Lee County constitutes a sprawling swath of geography today. But look back even a generation or two and things get exponentially more tightly knit. Curators of the Estates included the father-in-law and, later, the husband of Aloia’s mother’s first cousin Caroline Halgrim. A quick Google search turns up many sepia-toned photographs of the former, Robert C. Halgrim, interacting with Mr. Edison.
Sam Galloway, president of the Edison Ford Winter Estates Foundation, got wind of these stories and brought Aloia onboard. At the time, Galloway was spearheading the efforts to turn Mr. & Mrs. Edison, April 4, 1912 over the estates to a private nonprofit entity and raising funds to restore the buildings and grounds. “There was a very well known, well respected faction that didn’t want the city to privatize it at all,” Aloia recalled. “They thought the City was giving something away, and that it would lead to the ruin of the Estates. I believe the stewardship of the Board and the magnificent staff has proven those concerns were unfounded.” Having applied the $7 million raised to mitigate the rot, termite damage, age-related effects and rigors of the weather on wooden homes in Southwest Florida’s climate, Aloia
Edison’s Winter Home originally cost $12,000 to build, including furnishings.
Edison Botanic Research Laboratory, a National Historic Chemical Landmark. In 1927 Edison, Ford, and Firestone formed the Edison Botanic Research Corporation in Fort Myers.
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RES GESTAE | August 2014
Community Connection feels the results speak for themselves. The buildings and grounds are in excellent condition, and a research gardens restoration project is moving forward. Additional restoration, construction and parking improvements are in the works, as are efforts to gain accreditation by the American Association of Museums. The Estates recently achieved designation as National Historic Chemical Landmark Designation by the American Chemical Society “In Florida, there aren’t too many of those places,” Aloia said. The Estates certainly serve as a source of pride to area residents. “How rare is it for a small community – like Fort Myers was then – to have had two of the most important men of the twentieth century live next to each other, who worked and collaborated together, and now whose homes have been restored as historic landmarks in perpetuity?” Aloia ventured. Additionally, the Moonlight Garden site serves to define the aesthetics of Lee’s county seat. “I think the Edison/Ford Homes bolstered the downtown area well before downtown decided to get its
act together.” Finally, there’s the small matter of the dollars. “Obviously tourism is a significant part of our economic base, and the Estates represent a magnificent tourism engine.” Many historic sites attain their official designations, appeal to a limited demographic and then sit around to collect a lot of dust. The Edison & Ford homes, in contrast, have come to serve as a hub of activity for young and old. The Holiday Nights Christmas event and Christmas Tree Walk, the Wild Wizard educational program, the Black Maria Film Festival, and multiple quilting shows, car shows, summer camps, tours, reciprocal tours at regional botanical gardens and other historic sites, and an elder hostel program that attracts retirement-age volunteers are just a few ways this historic site invigorates a modern community. Volunteers are always needed, as are donations to help with new endowments to fuel ongoing improvements. To learn more, visit www.edisonfordwinterestates.org. RG Photos courtesy of Edison & Ford Winter Estates
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29
The Dish
Kenwood Grille Lane
“How did you find us?” the cheerful server inquires “Well, we got through all the J’s in the phone book, and we’re starting on the K’s,” the woman replies. She is one half of a retirement-age couple, seated at the corner of the Kenwood Lane Grille, and the cheerful server is named Nada. She’s been on staff there since the restaurant opened four years ago. I’m writing this today so you don’t have to get through more than a third of the alphabet to find this hidden gem. Its tagline is “Eat well today,” after all. That admonition is easily heeded at this smallish, dark-wood building tucked away off Kenwood Lane, just west of the College Parkway Plaza, which houses Office Depot. The place would probably do more volume with some visible frontage, but it’s not about volume – it’s about fresh, homemade food, generous portions and equally generous people. Toward the end of my recent visit, and upon learning that the establishment had landed on this magazine’s editorial calendar, Jean Ratzenberger, who owns the restaurant with her chef husband David, simply asked that I don’t do as a certain food writer who dines at the expense of Fort Myers’ major newspaper did. “Please, if you decide you’re going to print the story, tell us.” It’s only fair, as an establishment so committed to freshly prepared food needs a bit of warning so it can be prepared for a sudden uptick in patronage. In addition to the Alphabeticals, as I’ll call them, a steady flow of customers filtered in to the markedly darkened dining room from the glaring sun of one Monday afternoon. None opted for the outdoor patio seating as temperatures hovered in the low 90s, but it looked like a charming place to dine on a warm winter evening. Eavesdropping, I learned the Grille has earned a nice base of regulars. 30
RES GESTAE | August 2014
Jean showed my party to our seats and upon realizing we were first-timers, treated us to a brief summary of David’s credentials as a 25-year executive chef and his approach to food. At Kenwood Lane Grille, she explained, everything is made fresh and the produce is locally sourced. There were no paddocks in sight, no vineyard and no cheese cave available for touring. But to the extent possible, Chef David is a fanatic. Corned beef is brined right in the kitchen. Fettuccini is rolled. Beef is ground for burgers. Desserts are made by hand. Even, on this occasion, the process-intensive special occasion Tuscan cake known as zuccotto, which is Italian for pumpkin, so named because of its curcubit-like shape. Officially it is supposed to pay homage to Il Duomo, or the dome of Florence’s famous cathedral. History aside, you had me at homemade whipped cream.
The Dish Indecision is bound to be a customer’s major obstacle at Kenwood Lane Grille. Creative and traditional sandwiches are amply represented on the lunch menu, which also offers no fewer than 10 variations of the house-ground burger. My companion hemmed and hawed until recognizing the Margarita as his destiny. A sizeable portion is hand pattied, cooked to order and dressed with fresh mozzarella, roasted red peppers, basil leaves, tomato and a roasted garlic aioli. A handful of burgers have found their way into this humble space in past years, and this is easily one of the best. Gentlemen will want to tuck in their ties. This bad boy is juicy! Decisions are equally tough in the salad department, but the Mediterranean lays claim as the Grille’s signature. It is a refreshing mélange of perfectly al dente Israeli couscous, roasted red peppers, pine nuts, pungently salty kalamata olives, fresh spinach, and a tender grilled chicken breast cutlet all lightly dressed with a cilantro vinaigrette and creamy goat cheese. It was outstanding after a cup of the chef ’s special butternut squash bisque, and the leftovers were even delicious the next day. The dinner menu features nice prices and a serious array of favorites
like grilled pork with braised sauerkraut, chicken francese, mushroom risotto, steak au poivre and New England style baked cod. All these are listed under less-than-serious designations like “Grazers, Oinkers & Cluckers” and “Swimmers.” From the “Broth & Bits” section, I’ve heard tell the French onion soup is out of this world. My recommendation: skip to K, order a nice bottle for the table and disappear from that white-hot sun for a while. RG Come visit Dave & Jean at 12791 Kenwood Lane • Fort Myers, FL (239) 728-5400 • KenwoodLaneGrille.com Fresh Lunches Monday-Friday 11am - 2pm
Delicious Dinners Monday-Friday 5pm-8pm Saturday 4:30pm-8pm
Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Marketing | Publishing, and associate editor of Res Gestae magazine. For suggestions and comments on this regular feature, contact Sara at Sara@ConricPR.com.
Richard Johnston, Jr. and Greg Champeau are pleased to announce that Johnston Champeau LLC is relocating its Fort Myers office.
Effective August 1, 2014, we will be located in The Financial Center at 7370 College Parkway, Suite 207 Fort Myers, Florida 33919 239-600-6200
The firm will continue its practice in the areas of bankruptcy and insolvency, commercial litigation, asset planning and creditor’s rights. Naples Location: 999 Vanderbilt Beach Boulevard, Suite 200, Naples, FL 34108 239-325-1823
Richard Johnston, Jr.
JohnstonChampeau.net
Greg Champeau
August 2014 | RES GESTAE
31
The Dish List
where to meet & eat
The Veranda
Royal Palm Trattoria
239-332-2065 2122 Second Street, Fort Myers www.verandarestaurant.com The Veranda’s romantic setting in two turn-of-the-century homes, combined with our Southern Regional Cuisine, an extensive wine list, and first class service staff will provide you with the most unique dining experience in Southwest Florida.
239-204-9059 1400 Colonial blvd., #35, Fort Myers www.RoyalPalmTrattoria.com Conveniently located in Royal Palm Square off Colonial and Summerlin, Royal Palm Trattoria offers a casually elegant dining experience for lunch and dinner. Our all-day happy hour is also the perfect chance to gather with clients or friends.
Take a break from the Ordinary New Age ItAlIAN RestAuRANt Invites LCBA Members to Experience Fine Italian Cuisine at Affordable Prices for Lunch or Dinner 3-Course Dinner, 4-6pm Daily Includes Soup or Salad, Choice of 7 Entrees, Plus Dessert for Only $9.95
Succulent “Lawyers Cut” Char-Grilled Prime Rib $12.95
Live Jazz Pianist & Sax every Friday, 6-9pm at the Piano Bar
Try the Extraordinary
Banquet Room Available for your next Corporate Gathering Michael Filzenger, Owner and Chef
239-332-2065
(former Owner of Bogerts Chop House)
Lunch Mon - Fri Dinner Mon - Sat Closed Sunday Valet Service at Dinner
239.204.9059 www.RoyalPalmTrattoria.com
Reservations Recommended
Extraordinary Since 1978
Downtown Fort Myers River District www.verandarestaurant.com
1400 Colonial Blvd., #35 • Fort Myers Located in Royal Palm Square behind the Broadway Palm Theater Takeout Available • Closed Sundays
Make Your Reservation Now to Advertise in THE DISH LIST contact Linda Fiore at 239.690.9840 or resgestae@leebar.org
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RES GESTAE | August 2014
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August 2014 | RES GESTAE
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Real Estate
where to buy, sell or lease
FOR LEASE • PROFESSIONAL OFFICE
1404 Dean Street • Downtown Fort Myers • River District
Corner of Dean Street and Bay Street 1,450 SF Office Space Second Floor • Elevator Access Adjacent to Harborside and Parking Garage Walk to the Courthouse, Post Office, and Banks $18.20 per SF
Tenant to pay electric, water, sewer and insurance on interior
$2,200 per month • $26,390 per year plus tax
Randall P. Henderson, Jr. Broker 239-850-8333 corbinhenderson.com
Office Space for Rent HISTORIC EDISON THEATRE BUILDING 1533 HENDRY STREET ~ DOWNTOWN FORT MYERS
Available: 3rd Floor ~ 550 Sq. Ft. Call for Rates
GREAT LOCATION! MUST SEE! For More Information Contact
Cindy Gibson McHale Properties Company 1601 Jackson Street, Suite 200, Fort Myers, FL 33901
239.337.4491
to advertise here - contact Linda @ 239.690.9840
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RES GESTAE | August 2014
Real Estate
where to buy, sell or lease
OFFiCE Sharing OppOrtunity with Patterson, Eskin and Ball
Historic downtown location (Old Robb & Stucky Building)
1420 SE 47th Street Cape SE Coral, FL 33904 1420 47th Street
◆
prime Downtown Cape Coral Location
Adjacent to city parking garage
For More information please Contact
◆
Cape Coral, FL 33904
hal Eskin, Dixie Lee Ball or Janice Meredith at (239) 549-5551 or Email jsmere@comcast.net
Short walk to courthouses, governmental offices, and restaurants
SHARED SPACE FOR RENT
3 completely renovated office suites ranging from 536 to 1,032 +/- square feet
Berke Law Firm, P.A.
◆
Injury Lawyers
No CAM charges ~ Flexible lease terms and conditions
4423 Del Prado Blvd., S • Cape Coral, FL 33904
◆ Contact LeeAnn Harrington
239.549.6689 • berkelaw@yahoo.com
Reserve your piece of prime “real estate” in Res Gestae’s REAL ESTATE SECTION, dedicated to showcasing your property or service. Contact Linda Fiore: 239.690.9840 or resgestae@leebar.org
239-334-2722
1705 Colonial Blvd. Frontage For rent either ½ unit at $500.00 or whole space at $900.00 per month plus sales tax (sewer, water, grounds maintenance and taxes included). Must furnish telephone, electrical and internet. Space approx. 1195 sq. ft. includes lobby, 3 offices, kitchen area and large conference room. Call Lili to view
239-337-2001
See and be Seen
Expanding or Relocating your Business? Consider one of the premier locations in Southwest Florida: The Award-Winning KFJ Building: 15701 S. Tamiami Trail, Fort Myers
4,113 - 6,600SF Build to Suit • Generous Build out Allowance 350 feet of US 41 Frontage with Three Sign Locations: On-Building and Double-Sided Pylon 70,000 cars a day pass by the building daily making this the heaviest traveled stretch of US 41 in Lee County • LoopNet ID #17593914 • $14/sq.ft + CAM
FLORIDA FIDELITY R E A LT Y A D V I S O R S , I N C . Florida Licensed Real Estate Broker
Contact Florida Fidelity Realty Advisors, Inc. | Kevin F. Jursinski, Licensed Real Estate Agent (239) 887-3333 | Kevin@KFJLaw.com to advertise here - contact Linda @ 239.690.9840
August 2014 | RES GESTAE
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On the Bench Hon. J. Frank Porter “Society’s not safe with you on the streets,” Judge J. Frank Porter said as he recently sentenced a man to life in prison for an unthinkably brutal murder. His position on the Circuit Court felony docket brings plenty of human drama and tough decisions, but it’s gratifying to see cases come to resolution. He doesn’t do it by himself, however. “I have very good lawyers who appear before me,” he said, “whether it’s the private defense bar or the Assistant Public Defenders or the Assistant State Attorneys. It makes me look forward to coming to work.” Born and raised in Lee County, Judge Porter doesn’t recall a single light bulb moment that triggered his judicial ambitions. “I enjoyed practicing law, but I wanted to do something different with the law and it was just a natural progression to go to the bench.” He may downplay his self-determined journey, but his arrival at the county bench, before being elevated to the circuit bench, is cut out in stark relief, beginning on the day in recent history when society felt decidedly most unsafe. “My interview with the JNC was the day that the Towers and the Pentagon were bombed,” he recalled. In 2002, former Chief Judge William Blackwell assigned Judge Porter as the first full-time County Judge in Cape Coral to better serve the growing population there. Aside from bearing witness to the ghastly things people can do to each other, Judge Porter’s chief challenge has to do with volume – a common refrain among all who work in Florida’s 20th circuit. He explained, “The challenge is the number of cases that are assigned and making sure that they are progressing.” Judge Porter welcomes his daily commute home, which at 30 minutes, is just enough time to unwind. He said, “It is very important to relax after a day of office work the same as if you were working in the hot sun, which I did as a younger man.” On the weekends the judge does a lot of fishing, and recently returned from a trip in the Keys. He is married to Charlotte Circuit Judge Lisa Porter. He has two children, a son who lives in Cape Coral and a daughter who is a lawyer in Boston.
Your Law Firm’s First Call To: Connect the Dots & Solve the Problem • Accident Investigations & Root Cause Analysis • OSHA Compliance and Defense Assurance • Program Improvement Strategies & Assurance
Contact Chris Kirby
Over 35 years of experience ■ United States Air Force Veteran
239-290-SAFE (7233) www.SafetyOneStop.com
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RES GESTAE | August 2014
From the Bar Ita Neymotin, Esq. The early years of Ita Neymotin’s life can be summarized as a “riches-to-Refusenik” story. Her nuclear physicist father was the highly respected Dean of the University of Kazakhstan, and her family had all the material possessions they could want. Neymotin said, “All this was not enough for my parents; they wanted the one thing the Soviet Union would not allow: freedom.” Her father petitioned to immigrate to the U.S. and immediately lost his job, his status and the family’s home. It took four years of waiting while taking shelter with relatives, but finally the family was allowed to undertake the difficult journey and start over. “We lived in a dirty apartment in Brooklyn that was infested with cockroaches and vermin. All of our furniture came from donations of other people’s used furniture, which we felt very fortunate to receive.” After an exhaustive search, her father found employment and the family went to see the Statue of Liberty. “I remember the tour guide explained that this statue meant freedom for the millions of immigrants who had to give up everything they knew in their life, and came to America to follow their hopes and dreams to be free.” She then understood why her parents made the sacrifices they had. And it’s why she dedicates her career to representing those who cannot afford to represent themselves in their constitutional freedoms. As Criminal Conflict and Civil Regional Counsel for the Second DCA, Neymotin defends cases when the Public Defender’s office has a conflict. The office also represents indigent clients in juvenile dependency as well as certain types of civil cases. Recently she returned to the former Soviet Union for the first time when the Ukrainian government invited her to offer feedback on how it could improve its legal system, which “had been viewed by its own people as showing favoritism and being a system of diminished integrity. Selective prosecution was a big problem.” Off the job, Neymotin volunteers to teach English to immigrants. She has revised and translated a book authored by her grandfather about human rights abuses in the former Soviet Union. “Having escaped the oppression of the Soviet regime as a child, I believe lessons in history should never be forgotten and violations of human rights should never be repeated,” she concluded.
August 2014 | RES GESTAE
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KEVIN CIEPLY becomes third President and Dean of
Ave Maria School of Law on July 1, 2014.
Ave Maria School of Law Board of Governors MR. PETER A. CARFAGNA Chairman and CEO, Magis, LLC
MR. KEVIN CIEPLY
President and Dean, Ave Maria School of Law
THE HONORABLE PATRICK J. CONLIN
Ave Maria School of Law welcomes Kevin Cieply as its third President and Dean. He succeeds now Dean Emeritus and Professor Eugene R. Milhizer who stepped down in order to return to teaching at Ave Maria. Dean Cieply was the Associate Dean of Academics and Associate Professor at Atlanta’s John Marshall Law School before taking the helm at Ave Maria. Prior to joining the faculty at John Marshall in 2008, Dean Cieply served for more than 22 years in the U.S. Army and Wyoming Army National Guard as a helicopter pilot and a Judge Advocate General Corps (JAG) Officer. As a JAG Officer, his practice included prosecuting courts-martial cases, prosecuting major criminal procurement fraud cases in federal courts as a full-time Special Assistant U.S. Attorney, and serving as the Senior Legal Advisor on all military matters for the Wyoming Army National Guard. Dean Cieply’s last military assignment was as the Chief, Land Operations Law, North American Aerospace Defense Command (NORAD) and U.S. Northern Command (NORTHCOM), concentrating on counterterrorism and Defense Support of Civilian Authorities. He retired from the military with the rank of Colonel. Dean Cieply earned a Juris Doctor (J.D.) from the University of Notre Dame Law School and a Master of Laws (LL.M.) from The Judge Advocate General’s School. He received his bachelor’s degree from Northern Kentucky University. He is also a Tufts University Fletcher School of Law and Diplomacy Senior Military College Fellow. He is admitted to practice in Arizona, Colorado, Florida, Georgia, and Wyoming, the Ninth and Tenth Circuit Courts of Appeal, and the U.S. Supreme Court.
Michigan 22nd Circuit Court (Retired)
HIS EMINENCE EDWARD CARDINAL EGAN
Archbishop Emeritus of New York
MR. JAMES WILLIAM FENNESSEY
President and CEO, Fennessey Buick, Inc. (Retired)
MR. THOMAS B. GARLICK
Managing Partner, Garlick, Hilfiker & Swift, LLP
MR. RICHARD KLAAS
Partner, Klaas Capital Group
HIS EMINENCE ADAM CARDINAL MAIDA
Archbishop Emeritus of Detroit
MR. THOMAS S. MONAGHAN
Chairman of the Board, Ave Maria Foundation
MRS. CATHY RUSE
Senior Fellow for Legal Studies at the Family Research Council
MR. RONALD J. RYCHLAK
Mississippi Defense Lawyers Association Professor of Law, University of Mississippi School of Law
MR. MICHEL SAADEH
President and CEO, Vineyards Development Corporation
MR. EDWARD V. STAROS
Vice President and Managing Director, The Ritz-Carlton Resorts of Naples
MR. JAMES P. WHITE
Professor Emeritus of Indiana University and Consultant Emeritus, American Bar Association
1025 Commons Circle, Naples, Florida 34119 • (239) 687-5300 • avemarialaw.edu 38
RES GESTAE | August 2014 Licensed by the Florida Commission for Independent Education, license number 4007. Fully accredited by the American Bar Association.
Ave Maria School of Law Named
BEST
CATHOLIC LAW SCHOOL IN THE UNITED STATES for the DEVOUT By National Jurist’s PreLaw Magazine National Jurist’s PreLaw Magazine has ranked Ave Maria School of Law the most devout Catholic law school in the nation. We are proud of this recognition because it underscores the importance we place on our mission of teaching the law as a vocation. We strive to educate lawyers who will fight to defend our Constitution, promote a Culture of Life, and advance the cause of justice and freedom for all, a noble mission in today’s world.
SOUTHWEST FLORIDA’S LAW SCHOOL located on the Vineyards Campus, Naples 1025 Commons Circle, Naples, Florida • (239) 687-5300 • avemarialaw.edu Licensed by the Florida Commission for Independent Education, license number 4007. Fully accredited by the American Bar Association.
Legal Briefs Goede, Adamczyk & DeBoest adds east coast attorneys Avi S. Tryson has joined Goede, Adamczyk & DeBoest, PLLC as a Managing Partner in its Miami office. In addition, Steven R. Braten has signed on to manage its new Palm Beach County office in an “Of Counsel” capacity. Tryson’s practice focuses on residential and commercial real estate transactions, complex commercial leases, community association law and developer representation. He has represented some of South Florida’s largest developers and private investor groups in connection with their acquisition, development, financing, leasing, and management of commercial properties, including the legal design, creation, and operation of residential, commercial, mixed-use condominiums and planned developments. Additionally, Tryson has represented hundreds of condominium and homeowners’ associations as general counsel and in collection and foreclosure matters. He has also represented major local and national institutional lenders on various large scale commercial transactions. He is managing partner at the office at Westside Plaza III at 8200 Northwest 33rd Street, Suite 303 in Miami. Braten has focused his legal practice on community association law, commercial litigation, real estate transactions, and creditors’ rights and remedies, including basic to complex bankruptcy litigation. He has represented owner-controlled condominium and homeowners’ associations in foreclosure actions, arbitrations and covenant enforcement actions, as well as served as assistant corporate counsel to one of the largest real estate developers in Southwest Florida. Braten has served on several condominium and homeowners association boards, as well as the board of supervisors for a community development district located in the developer’s 4,000-acre masterplanned community. The new office of Goede, Adamczyk & DeBoest, PLLC is located at 500 Gulfstream Boulevard, Suite 104 in Delray Beach.
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RES GESTAE | August 2014
Legal Briefs Hussey named Rotary Club of Cape Coral president Alison Hussey, partner at Pavese Law Firm, was installed as president of the Rotary Club of Cape Coral at a recent ceremony to install officers held in grand foyer of Aubuchon Homes. Hussey, an alumni of the Rotary Foundation’s Ambassadorial Scholarship Program, has been a member of Rotary Club of Cape Coral since 2006. She also served for the past three years as Rotary International District 6960’s scholar chair, a position she continues to hold for 2014-2015. Chartered on May 21, 1964, the Rotary Club of Cape Coral’s members have given their time, talent and treasure to the local community with projects including Rotary Park, Cardboard Boat Regatta and the Festival of the Arts. Globally, members have participated hands on and financially in global projects to eradicate polio, bring clean water to parts of Mexico and the Caribbean, as well as providing lifesaving equipment to the Ukraine and other parts of the world.
Levy named to Women in Business Committee Danielle Levy, an associate attorney at Grossman Law & Conflict Management, has been appointed to the Women in Business Committee of the Greater Fort Myers Chamber of Commerce. The Women in Business Committee serves the Women in Business Group and is responsible for the presentation of the “Apex Award,” recognizing an exceptional woman or women in our community. The Women In Business Group provides opportunities for career development, networking and community service. Levy is also a member Association of Family Law Professionals, Lee County Association of Women Lawyers and the Tiger Bay Club of Southwest Florida. Levy was born and raised in Fort Myers, and received her Juris Doctor from Loyola University in Chicago in 2010, where she concentrated on Child and Family Law in Loyola’s Civitas Child Law Clinic. She was a senior editor and contributing writer of the Children’s Legal Rights Journal.
Depositions Trials & Hearings
Mediations / Arbitrations
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FAX: 239-332-4066 August 2014 | RES GESTAE
41
Legal Briefs Students gain “on-the-job training” at Henderson Franklin Matthew Devisse, Michael Lenhert and Austin Turner enjoyed the opportunity to be exposed to a broad range of practice areas as part of the Summer Associate Program at Henderson, Franklin, Starnes & Holt, P.A. Summer associates have gained experience at Henderson Franklin since 1979. Summer associates attend hearings, trials, depositions, mediations, arbitrations and meetings with clients. Additionally, they perform research, assist in the drafting of pleadings, discovery and other documents, and analyze various legal issues that arise in the course of the matters handled by the firm and its attorneys. Each summer associate is paired with an attorney mentor who assists with the transition from law student to lawyer. Devisse is entering his final year of law school at the University of Florida Levin College of Law. Lehnert attends the University of Florida Levin College of Law. Turner is entering his final year at Florida State University College of Law.
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2121 West First Street • Fort Myers, Florida 33901
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Kara M. Jursinski, LL.M. Real Estate Development
Protecting the Future of our Clients 42
RES GESTAE | August 2014
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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, Sanibel-Captiva Office Manager; Rob Lisenbee, Vice President, Lending; 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. Our customers enjoy the cost savings of Free Online Banking and Free Bill Pay, the convenience of an expanded ATM network and mobile banking.
We make banking about YOU! An Equal Housing Lender • Member FDIC Bank of the Islands is an office of Edison National Bank.
For our convenient locations and services provided, please visit www.edisonnationalbank.com