THE OFFICIAL PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION DECEMBER 2014
SANTA FOR A CAUSE YLD’s Holidays in January
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2014
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Contents features
departments
16
6
Letter from the President
8
Letter from the Editor
Expanding your practice to federal court Amanda Janson Levy-Reis, Esq.
18
Allison B. Christensen, Esq.
22
by John D. Agnew, Esq.
by Nanci DuBois
FBI Reclassifies Animal 10 Calendar of Events Cruelty as a Felony
12
Family Law Matters
Protecting your clients’ due process rights Holidays in January brings joy Luis E. Insignares, Esq. to foster kids
Santa for a Cause
Sara Comito Fitzpatrick
20 Terry’s Take on Things
18
T. Rankin Terry, Esq.
24 Pro Bono Honorees 26 Dean’s Sidebar
Kevin Cieply
28 Community Connection
22
Children’s Advocacy Center of SWFL with Francine H. Donnorummo, Esq.
Sara Fitzpatrick Comito
31
New Members
32 The Dish
El Gaucho Inca
34 Legal Lens
Social scene photos
36 On the Bench
Hon. Lee A. Schreiber
37
From the Bar
32
Zach Gill, Esq. Chené Thompson, Esq.
39 Real Estate
41
RES GESTAE | December 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. Amanda Janson Levy-Reis, Esq. Allison B. Christensen, Esq. T. Rankin Terry, Esq Dean Kevin Cieply 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.
Where to buy, sell or lease
On the Cover: Spencer Cordell, Esq.
Legal Briefs
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.
News and happenings
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Note from the President Life is full of challenges. Some unexpectedly confront us and can cut deeply; others we seek out of personal ambition. If we are fortunate to live long, fulfilling lives, it is inevitable we will experience both, many times over. How we choose to meet the challenges, and what we do with the strength we draw from the experiences are what define us—not the challenges themselves. At a young age, I learned the “Serenity Prayer,” and I believe its simple approach has served me well. “God grant me the serenity to accept the things I cannot change, courage to change the things I can, and wisdom to know the difference.” My expanded interpretation is this: don’t dwell upon (or complain about) that which you have no control, but do all that you can to effect positive change upon that which you do have some control, and have the clarity to see those different situations for what they are. In keeping with that prayer/mantra, from my perspective, we each have a duty to ourselves and to humanity to strive to meet our individual potential in all areas of our lives. Periodically, we have to make deliberate self-assessments of where we are and where we would like to be (an internet search of “life priorities wheel” will provide several good illustrations). We are “...don’t dwell upon (or complain not perfect, nor would it be about) that which you have no healthy to strive for perfection control, but do all that you can to in all areas of our life, but we can and should strive to be effect positive change upon that the best of what we want which you have some control, and ourselves to be.
have the clarity to see those different situations for what they are.”
Of course, the goals in our lives are never static; through the years we will focus more in some areas and less in others. If, after making a self-assessment, you determine seeking self-improvement as a lawyer or building your legal practice is a present area in which you would like to improve, I encourage you to more actively participate in the LCBA. If you like everything about the LCBA as is, enjoy it and help maintain the course. If you do not, have the “courage to change the things (you) can,” and step up to the plate to effect change where you see it is needed. The year has nearly run, and my term as President of the LCBA concludes at the end of the month. It is bittersweet that this column is my last. I have enjoyed the work, and it has been my honor to do it. As I outlined in my November column, 2014 has been a year of great achievement for the Lee County Bar Association. I am proud to have been a part of it, but there is always more to do. Shortly, I will pass the reins to the capable hands of Anne Dalton to lead the LCBA as President in 2015. I look forward to supporting her efforts to further strengthen our bar association and hope all of you will do the same. John D. Agnew, Esq. john.agnew@henlaw.com | (239) 344-1364 6
RES GESTAE | December 2014
LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM Executive Director Nanci G. DuBois Executive Assistant, Lawyer Referral & Pro Bono Coordinator Lisa Poulin
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 Kimberly Bocelli, 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. & Karla Campos-Andersen, Esq. Past President Mary C. Evans, Esq. Pro Bono Audrey M. Singleton, Esq. & Aaron Cilek, Esq. Membership Janette Smith, Esq. Social Events Amanda Mitteer-Bartley, Esq.
PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Law Margaret White-Small, Esq. & Stacy Sherman, Esq Criminal Law Keith Upson, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. & Matthew Linde, 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.
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Letter from the Editor The power of the gift is often as much a surprise to the giver as to the receiver. And I must say that this has been a surprising year for me in many ways…from both perspectives! And I am indeed very grateful and thankful for the gift of knowing and working with each and every one of you. Here we are at the end of a banner year for Lee County Bar Association, and it is not an overstatement to say that it wouldn’t be so without the gifts of so many key players. Beyond the tireless work of our President and the Executive Council, our Committee and Practice Section Chairs—all volunteers—I want to thank Lisa Poulin, my Executive Assistant. Everyone knows Lisa as the first face to greet them when visiting our offices, as well as at every event, but few of you know how much Lisa does behind the scenes. They say that Ginger Rodgers did everything Fred Astaire did, but Ginger did it backwards, and in heels! Lisa’s our “Ginger.” She always puts a smile on her face and makes it seem effortless – no matter what our members or Lawyer Referral Service customers and attorneys need. And when she must turn someone’s request for assistance down, she does it with grace and usually can find an alternate solution to suggest. Beyond making sure our Lawyer Referral Service runs smoothly, our website stays updated and CLE Lending Library is managed, Lisa does so much that our members never see…but I do. And she’s truly one of the most remarkable and competent people I know. Not just a gift to me in my position, but to all of you who may or may not know her. The support for Lee County Bar Association extends even beyond this, as many of you are aware, and the power of the gifts keeps growing stronger. Our magazine, Res Gestae, gives the membership a place to reference other attorneys and services they may need, check their calendar for events coming up, and read informative, educational, and sometimes amusing pieces. The new website and eNews to members represent further connectivity that keeps our members updated and informed. Our sponsors this year have grown in number and in their commitment to us. We couldn’t do what we do without your financial commitment. To each of you, all my thanks for being so willing to step forth with your generosity! There is now a better and more efficient way to become an Annual Sponsor for 2015. This is a one-time payment to cover a selection of sponsorships throughout 2015, and will be rewarded with a full year of recognition. The increments are easy to navigate, and the link to sponsor will be found on our website! All Annual Sponsors will receive a link to their business website in the Links of Interest section on our website. And now available at our offices: two children’s books by attorney and author Jacqueline Buyze at only $15 each. When you buy “A Story of Lawyers” or “A Story of Lawyers with Views from the Bench,” the profits benefit our CLE Lending Library Fund. They make great holiday gifts! Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102 8
RES GESTAE | December 2014
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RES GESTAE | December 2014
* By appointment only
Young Lawyers Division Meeting
Noon – 1 pm at The Connection Café, 2288 First Street
Criminal Law Practice Section Brown Bag Meeting 11:30 am – 1 pm. Guest Speaker: Doug Molloy,
Esq. Details TBA online at www.leebar.org calendar
RPPTL Brown Bag Meeting
Noon - 1 pm. Judge Keith Kyle’s Hearing Room 4J, Lee County Justice Center
LCBA Executive Council Meeting
5:30 – 6:30 pm, Conference Room, Henderson Franklin Starnes & Holt, PA
Family Law Practice Section Holiday Party
Noon – 1 pm. Details TBA online at www.leebar.org calendar
LCBA Annual Membership Meeting & Installation of Officers
11:45 am - 1 pm at Sidney & Berne Davis Art Center, Fort Myers. Keynote Speaker: Jim Nathan, President and CEO of Lee Memorial Health Systems. $15 members, $25 nonmembers. Sponsored by: CopyLady; Pavese Law Firm and Vendor Tables: Lit & More
LCBA Offices Closed Young Lawyers Division Meeting
Noon – 1 pm at The Connection Café, 2288 First Street
CLE Program (1 hr Ethics applied for)
11:00 am – noon. Sidney & Berne Davis Art Center, Fort Myers. Panel with Hon. Elizabeth Krier. $35 Members, $60 Non-members, includes Membership Lunch following CLE Program Noon - 1 pm at Sidney & Berne Davis Art Center, Fort Myers. Lunch without CLE: $15 Members, $25 Nonmembers.
Jan 30-31
henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples*
Noon in Courtroom 5H. Guest speakers: Gerald Pierce and Lisa Worthington. Topic: “Appeals 101: Rule 9.110 ‘Final’ Means Final.” CLE approval already received. Lunch sponsor: Gerald W. Pierce, P.A. Bring your own beverage.
LCBA Membership Meeting
Jan 28 Adapting. Changing. Moving forward.
Appellate Practice Section Meeting
5:30 – 7:30 pm at Jennifer’s Boutique. Open to ALL LCBA Members! 15% off dresses and 5% of all sales will benefit Holidays in January event for foster care children. Wine & cheese served, please bring an unwrapped gift for a child!
Dec 11
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2 to 5 pm. LCBA Offices. Enjoy holiday nibbles and sips with us! Bring an unwrapped gift or a donation to YLD Holidays in January for foster care children, please.
Young Lawyers Division Holidays in Jan Fundraiser
Dec 5
Scott A. Beatty
LCBA Open House
LCBA Executive Council Meeting
5:30 – 6:30 pm, Conference Room, Henderson Franklin Starnes & Holt, PA
Lee County Mock Trial
5:30 – 6:30 pm, (Co-chairs: Hon. Mary Evans & Karla Campos-Andersen) Contact Karla to volunteer today!
JANUARY 2015 ~ Some dates for 2015 Section Meetings have not been confirmed. Check our website for details! 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
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Family Law Matters
Protecting Your Clients’ Due Process Rights
(and a fond farewell) by Luis E. Insignares, Esq.
Laypersons probably tend to think of the realm of criminal law when the subject of lawyers protecting their clients’ constitutional rights comes up, from the plethora of crime dramas on television. Of course, all litigants are entitled to due process, including those in civil suits, and that includes family law clients. One common due process problem is where a hearing is improperly expanded beyond its noticed scope. See, e.g., Wagman v. Florida Bd. of Medicine, 590 So.2d 12 (Fla. 1st DCA 1991) (applicant’s due process rights were violated when Board’s scope of inquiry exceeded notice of hearing). This rule has repeatedly been applied in family law cases. See, e.g., Connors v. Connors, 327 So.2d 877 (Fla. 2d DCA 1976) (court erred in making permanent custody award where parties’ stipulation of issues to be tried included only issue of whether child could temporarily leave state with parent); Bell v. Department of HRS, 487 So.2d 1198 (Fla. 5th DCA 1986) (notice of hearing indicated it concerned order of continuance on order to show cause, not regarding child support; held: ruling on petition to modify child support reversed); Cortina v. Cortina, 98 So.2d 334 (Fla. 1957) (at conclusion of hearing on child visitation, trial court improperly revoked part of prior decree concerning payment of support); Barreiro v. Barreiro, 377 So.2d 999 (Fla. 3d DCA 1979) (trial court improperly entered order beyond scope of emergency motion concerning 12
RES GESTAE | December 2014
summer visitation; order went beyond noticed issue to include child support, transportation costs, visitation other than during summer, and imposed constructive trust on proceeds of certain property); Levitt v. Levitt, 454 So.2d 1070 (Fla. 2d DCA 1984) (where notice of hearing indicated matter to be heard was motion for continuance, court’s order reducing child support obligation during continuance reversed). Of course, should this happen, it’s up to you to object to the introduction of the new issue. See, G & S Packing Co. v. Driggers, 382 So.2d 446, 447-48 (Fla. 1st DCA 1980) (noting that record did not reflect any “waiver by appellant of the express objection to hearing that issue”). Somewhat the “converse” of the above problem, of going too far afield at a hearing, is where there is no hearing at all, or more commonly, where a hearing is cut short without allowing a proper examination of the issues noticed. See, e.g., Lane v. Lane, 599 So.2d 218 (Fla. 4th DCA 1992) (reversing limitation on visitation as supervised visitation only, where no hearing was held); Gubana v. Gubana, 511 So.2d 1066 (Fla. 4th DCA 1987) (reversing court’s modification of agreed-to child support, where matter set on “uncontested calendar” resulting in inadequate time to conduct evidentiary hearing); Lewis v. Lewis, 689 So.2d 1271 (Fla. 1st DCA 1997) (reversing custody award in domestic violence injunction proceedings where time was not allotted for full evidentiary hearing). The applicable standard of appellate review has been stated: If there is no full hearing, the appellate court must reverse the decision of the trial court. See Burley v. Burley, 438 So.2d 1055 (Fla. 4th DCA 1983). In the case sub judice, the appellant was not given the opportunity to testify or to present a witness who was present to testify on her behalf. She was deprived of her right to participate in the hearing. This was error. See Begens v. Begens, 617 So.2d 360, 361 (Fla. 4th DCA 1993). Vazquez v. Vazquez, 626 So.2d 318, 319 (Fla. 5th DCA 1993) Continued on Page 14
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Family Law Matters Continued from Page 12 (emphasis supplied; reversing modification of custody). Where a party is prevented, due to the allotment of time or otherwise from presenting evidence regarding a family-law remedy, the appellate court must reverse. Leon v. Leon, 616 So.2d 633, 634 (Fla. 4th DCA 1993) (reversing temporary support award) citing Weasel v. Weasel, 421 So.2d 749 (Fla. 4th DCA 1982). Use of masters and magistrates can also be problematic. Florida case law has repeatedly held that approving a master’s or magistrate’s report without granting a hearing, over timely exception, violates a litigant’s rights. Simply put, “it is error for the trial court to adopt a magistrate's report in a family law matter without first holding a hearing on any timely filed exceptions to that report. Simmons v. Simmons, 16 So.3d 878, 878 (Fla. 5th DCA 2009).” Wilson v. Smith, 51 So. 3d 1282, 1283 (Fla. 2d DCA 2011). Accord, Knorr v. Knorr, 751 So.2d 64 (Fla. 2d DCA 1999); Gutierrez v. Gutierrez 48 So. 3d 118 (Fla. 5th DCA 2010); Collado v. Pavlow, 951 So.2d 69, 70 (Fla. 5th DCA 2007); Cazi v. Prophete, 130 So.3d 723 (Fla.3d DCA 2014); Martinez v. Garcia, 575 So.2d 1365, 1366-67 (Fla. 3d DCA 1991) (holding that the trial court was required to conduct a hearing on timely filed exceptions to general master's order); Ellett v. Ellett, 546 So.2d 1108 (Fla. 2d DCA 1989); Fonte v. Alvarez, 491 So.2d 1268 (Fla. 2d DCA 1986); Berkheimer v. Berkheimer,
466 So.2d 1219 (Fla. 4th DCA 1985); Monyek v. Monyek, 453 So.2d 504 (Fla. 3rd DCA 1984); Wyman v. Wyman, 430 So.2d 610 (Fla. 4th DCA 1983); Kay v. Kay, 430 So.2d 532 (Fla. 4th DCA 1983). I have greatly enjoyed my time writing these columns, and hope that you have enjoyed reading them. Many thanks to everyone at Res Gestae! Seek justice. 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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Expanding your practice to federal court by Amanda Janson Levy-Reis, Esq.
Interested in gaining federal civil litigation experience? Then accepting pro bono appointment in a federal civil rights action may be your answer. The federal court sometimes encounters a civil case where the pro se litigant is no longer able to represent him or herself and instead requires the appointment of counsel. The standard for appointment of counsel in a civil case is strict. Congress has given the district courts discretion to appoint counsel in civil cases under 28 U.S.C. § 1915(e)(1). But a plaintiff has no constitutional right to counsel. Bass v. Perin, 170 F.3d 1312, 1320 (11th Cir. 1999). Appointment of counsel is instead a privilege that is justified only by “exceptional circumstances.” Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987) (citations omitted). Although there is no comprehensive definition for what constitutes exceptional circumstances, the following factors are considered: (l) the case’s type and complexity; (2) the abilities of the individual bringing it; (3) whether the individual is in the position to adequately investigate the case; and (4) whether the evidence will consist mostly of conflicting testimony so as to require skill in cross-examination. Ulmer v. Chancellor, 69l F.2d 209, 2l3 (5th Cir. l982). “The key is whether the pro se litigant needs help in presenting the essential merits of his or her position to the court. Where the facts and issues are simple, he or she usually will not need such help.” Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993). The majority of the pro se cases that warrant appointment of counsel in the Fort Myers Division are filed under 42 U.S.C. § 1983. Section 1983 was enacted on April 20, 1871, as part of the Civil Rights Act of 1871. This statute subjects people, who act under the color of state law, to liability for violating a person’s federally 16
RES GESTAE | December 2014
protected rights. See 42 U.S.C. § 1983. These cases typically involve an alleged violation of a person’s rights protected under the United States Constitution. Once the Court determines that exceptional circumstances warrant the appointment of counsel, the Court issues an order. Besides appointing counsel, the order refers appointed counsel to a form on the Court’s website titled “Authority to Reimburse Court Appointed Counsel.” (The PDF form is located under the “forms & publications” link, the “civil” subheading). Completion of this form permits reimbursement of limited out-of-pocket expenses incurred by an attorney providing representation in this type of case from the district’s Bench Bar Fund. Public funds are not available for the payment of attorney’s fees. Attorney’s fees may be recoverable under 42 U.S.C. § 1988. Members of the district’s bar can be afforded access to the electronic docket without charge for the purpose of considering whether to undertake representation of the plaintiff. If you are admitted to the Middle District of Florida and wish to provide pro bono representation in the Fort Myers Division, please contact Amanda Janson Levy-Reis at (239) 4612067. RG Amanda Janson Levy-Reis, a life-long resident of Lee and Collier Counties, earned her Juris Doctorate (Cum Laude) from Stetson University College of Law. For the past eight years, she has been a staff attorney at the U.S. District Court in Fort Myers. She belongs to the Collier County Medical Society Alliance, and is a past member of the Calusa Inns of Court.
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FBI RECLASSIFIES ANIMAL CRUELTY AS A FELONY By Allison B. Christensen
The greatness of a nation can be judged by the way its animals are treated. ~Mahatma Gandhi
W
e have all seen the news and heard gory details about the heinous crimes of serial killers. What has been somewhat ignored until recently, is that these people often start their lives of crime by torturing animals. The “Son of Sam” poisoned his mom’s bird; the “Boston Strangler” shot dogs and cats with arrows; Jeffrey Dahmer killed animals and displayed their heads on sticks. The FBI recently announced that it will now classify animal abuse as a distinct crime. Starting in 2015, the FBI will begin to implement the necessary changes to its reporting system and in January 2016, begin to collect information on animal abuse. The FBI will then include the data in its Uniform Crime Report (“UCR”), a regularly-updated data base which provides nationwide crime statistics. The change comes after more than a decade’s worth of lobbying, according to the Animal Welfare Institute. Animal rights groups and the National Sheriff ’s
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Association have long proposed listing animal cruelty as a separate offence in the UCR. Previously, the FBI filed animal abuse crimes under an “other” label, making it difficult to track the specific crimes. The change reclassifies ls a p o w t animal abuse ith her Allison w as a “crime against society,” equating it with other felony crimes such as murder, drug trafficking, arson and assault. With the change, the FBI makes animal cruelty a Group A felony and will report incidents and arrests according to four subcategories: simple or gross neglect; intentional abuse and torture; organized abuse (which includes dogfighting and cockfighting); and sexual abuse. The FBI considers the following to be animal cruelty: Intentionally, knowingly, or recklessly taking an action that mistreats or kills any animal without just cause, such as torturing, tormenting, mutilation, maiming, poisoning, or abandonment. Included are instances of duty to provide care, e.g., shelter, food, water, care if sick or injured; transporting or confining an animal in a manner likely to cause injury or death; causing an animal to fight with another; inflicting excessive or repeated unnecessary pain or suffering, e.g., using objects to beat or injure an animal. This definition does not include proper maintenance of animals for show or sport; use of animals for food, lawful hunting, fishing or trapping. The FBI’s new classification comes on the heels of individual states enacting animal abuse legislation. As of March 2014, all 50 states have felony animal cruelty provisions. Florida law provides for both misdemeanor and felony animal cruelty crimes, the latter of which can result in a five-year prison term and fine of up to $10,000. Convictions where individuals are found to have
knowingly and intentionally tortured animals (as opposed to neglect cases) can also result in mandatory psychological counseling and/or anger management treatment. Florida also has a specific statute related to the fighting or baiting of animals – The Animal Fighting Act. Persons found guilty under this statute also face prison time and substantial fines. For more information, please visit fbi.gov. See also Florida Statutes Chapter 828. RG
If you believe that an animal is being abused or neglected, please take action! You may be the animal’s only hope. In Lee County, contact Lee County Domestic Animal Services at 239-533-7387 ext. 2. Calls are answered 24-hours a day, seven days a week and relayed to officers. For more information: click “Field Operations” on their website (leelostpets.com). Phone numbers for other counties in Florida can be found at www.animalrightsflorida.org/ReportAbuse.html. To report the abuse of wild animals: If you witness illegal hunting or fishing, or the capture or killing of a protected species, please report it by calling the Florida Fish and Wildlife Conservation Commission’s Wildlife Alert Reward Program: 1-888-404-FWCC (3922). Phones are answered 24-hours a day, seven days a week. You may remain anonymous, and be eligible for a reward.
Allison B. Christensen, an attorney at Hahn Loeser & Parks LLP, concentrates her practice in litigation. She assists clients with matters including commercial litigation; real estate and construction contracts;, business transactions, torts and disputes; will and trust contests, disputed estate and trust administrations; and guardianship litigation and appeals. She also has experience in securities, sports and IP law. December 2014 | RES GESTAE
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Terry’s Take On Things Every now and then the truth slips out! On a recent radio program the president of Harvey Mudd College, Dr. Maria Klawn (a mathematician, computer scientist, and former dean of engineering at Princeton) was trying to “explain” the comments of her friend Satya Nadella, the CEO of Microsoft. At a widely covered conference Mr. Nadella opined that women should not ask for pay raises but should let faith and karma take care of them. Listen to it for yourself (NPR has it archived). No amount of “explaining” by Dr. Klawn or backpeddling by Mr. Nadella did much to lessen the damage done by his misguided “truth” slipping out.
Let’s retire “incredible” for awhile “Incredible” has proliferated. Rarely do you hear a description that does not include “incredible”. The Latin book definition is “not creditable”. Most dictionaries’ definitions are “180 degrees out of phase;” one is, in line with the Latin, “difficult or impossible to believe;” the other is “extremely good, great, or large.” Consider the statement, “The witnesses’ answers were incredible.” Were the witness’ answers, “The biggest pile of lies that I have ever heard!” or “Some of the best testimony on that subject that I have ever heard!?” I rest.
The passing of Ron Napier Ron came to Naples from Miami after practicing as a partner in one of its larger insurance defense firms. When some “East Coast lawyer” showed up over here you went to Ron to find out the lawyer’s reputation, honesty, and trustworthiness. Ron was a very good lawyer; nothing fazed him.
Query, should we turn judicial evaluations over to the ABA? Recently we received the pre-election appellate judge evaluation forms. Other than the 2nd DCA judges and maybe Supreme Court justices, most of us don’t keep book on the others. As I get it, the ABA does a fairly in-depth investigation of a proposed federal judge’s writings, professional work and personal activities, including interviewing lawyers and others. The ABA should at least be asked if they would undertake the task. 20
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With an integrated (with the court system) bar there are legal limits on the Florida Bar’s carrying out subjective evaluations. Also, the judicial selection process is dictated by statutes that have never provided for and likely never will provide for subjective evaluations beyond the act of selecting or not selecting an applicant. Lifting the current restrictions on judicial fund raising and campaign discussion will result in the need for a more indepth, subjective evaluation system. 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. Email: trterry@gmail.com.
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a r o f Santa e s u a C Holidays in January brings joy to foster kids
“I
was the most likely candidate on the board, and a willing dummy,” said Spencer Cordell of his long tenure
as Santa for the Young Lawyers Division’s Holidays in January. He certainly does rock the beard, but there are lots of little reasons the YLD’s “President Emeritus,” keeps putting on the suit. “Any time you get to see some bright smiles on these faces, it feels good and it’s really worth it.” These faces belong to dozens of foster kids who otherwise might not have a holiday experience. With all they have going on in their often-troubled lives, taking part in the yearly celebration gives them something to look forward to, plus a much-needed sense of normalcy. And then there are the presents. In January 2014, a record 43 children, ages six months to 17 years attended Holidays in January. Presented in association with the Children’s Network of Southwest Florida, the event is held at the Imaginarium Science Center. Partial funding is provided via a public service project grant from The Florida Bar, with donations of funds, presents and volunteers hours making up the difference. There is still time to help. New YLD President Kim Bocelli said, “LCBA members can help by making monetary donations toward the purchase of the gifts and food for the event, and making donations of wrapping paper and bows (this can be done after the holidays since we usually wrap the presents the first week of January). We can also always use help purchasing, wrapping and handing out the presents at the event.” Vice President Tom Coleman, Past Presidents Shannon Puopolo and Spencer Cordell, and President Kimberly Bocelli. 22 RES GESTAE | September 2014
The most direct way to help is to write a check. You may also donate new, unwrapped gifts, either directly to a YLD officer, or at an upcoming fundraiser, like the one at Jennifer’s Boutique on Thursday, Dec. 4 from 5:30 to 7:30 p.m. Wine and cheese will be served and merchandise will be discounted by 15 percent, with 5 percent of all sales donated to the Holidays in January event. Members are also invited to a holiday open house at LCBA’s offices from 2 to 5 p.m. the day before that fundraiser. On Wednesday, Dec. 3, bring an unwrapped gift or monetary donation for the program and enjoy holiday nibbles and sips. The most requested presents for last year’s event were Barbie dolls, craft sets and Disney character items for girls; remote controlled trucks and cars, Legos and Nerf guns for boys; and board games for everyone. Past President Shannon Puopolo said, “The Holidays in January event is close to our hearts because it brings so much joy to the children that participate. But for this event, many of these children would not receive any gifts during the holidays.” Bocelli said, “I think the Holidays in January event is a very worthwhile cause in that it provides a holiday experience for foster children who may not otherwise get to experience the holidays. Beyond the presents, which are selected based upon a short wish list from each child, they really enjoy meeting with Santa and experiencing the Imaginarium.” Sometimes that short wish list contains more “needs” than “wants—” inevitably there’s at least one child who requests clothes. To help, get in touch with any member of the new YLD board, which was just elected: President Kim Davis-Bocelli, Vice President Tom Coleman, Treasurer Noel Davies, Secretary Kayla Richmond, Social Chair Anthony Norman and Recruitment Chair Anitra Raiford. RG Photo Courtesy of Regina Samone Photgraphy December 2014 | RES GESTAE 23
Pro Bono Honorees At the November Membership Meeting, the LCBA recognized our annual Pro Bono Honorees. Please join us in giving our thanks to your fellow members listed below for their service to the less fortunate. We’d love to have you on this list next year!
Recognized John D. Agnew Karla Campos-Andersen Rosemary A. Baitson Amanda K. Barritt Heidi M. Brown Arlene C. Chase Lori W. Clifford T. John Costello, Jr. Daniel S. Cruz Robert A. Enright, III
Andrew S. Epstein Pauline Franklin Keith Grossman Ellie K. Harris H. Anthony Heist Jason M. Lucas Cathy L. Lucrezi Lance M. McKinney John B. Mizell Ryan O’Halloran
Beth A. Prather Shannon M. Puopolo Kristianna Rodriguez Mary Vlasak Snell Steven C. Spence Mark A. Steinberg Paul Bennett Seusy Kenneth K. Thompson Michelle Trunkett Claudia Volk
Recognized for taking more than one case Daniel J. Endrizal, III Jess W. Levins Amy McGarry Frank Murphy
Roger O’Halloran Stacy L. Sherman Elizabeth Wolt
Recognized for outstanding service Kelly L. Fayer
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Dean Cieply’s Side Bar As predicted in my last article, the ABA has now made some fairly significant amendments to the ABA Standards for Approval of Law Schools. One of those changes mandates that law schools require six credit hours of experiential courses as a graduation requirement for all students. This new standard is a direct response to the wave of recent criticism that law schools are not emphasizing skills sufficiently in preparing their students for the practice of law. While this particular change will not become effective until the 2016-2017 school year, Ave Maria School of Law has already begun its move forward to ensure it will comply with both the spirit and letter of this recent change. Specifically, our faculty recently approved the creation of an Estate Planning Clinic. The clinic will be under the supervision of Visiting Associate Clinical Professor Greg Holtz, who recently retired from U.S. Bank, where he was the wealth management advisor. Professor Holtz has over 29 years of experience in estate planning practice. Our Estate Planning Clinic will begin this January, 2015, and will be located at our Naples campus in the Vineyards. The Estate Planning Clinic has a multitude of objectives, including joining the ranks of other organizations (such as Legal Aid and Habitat for Humanity) in providing aid to the poor of Southwest Florida, an underserved area in terms of the legal support available for those most in need. For our students, the clinic will breathe life into legal concepts and issues that all too often remain seemingly impenetrable and amorphous during the period they are in school. Everyone learns better with context, and law students are no exception. Moreover, the clinic will initially expose our students to, and then allow them to develop competency in, legal skills in a variety of areas such as: client interviewing and counseling, case management, issue spotting, parsing relevant from irrelevant facts, researching, drafting, and tussling with professional responsibility issues such as conflicts of interest and confidentiality. Furthermore, the Estate Planning Clinic will help provide dignity to the most needy among us. For clients to qualify for support through our Estate Planning Clinic, generally their income cannot exceed 125% of the Federal Poverty level. They are, therefore, individuals who have limited access to legal services, and yet still may desire to create a tailored Will, so that they may pass along what little they do have in a way that accurately reflects and supports their unique family situation. As the Bar is well aware, even those with limited means may 26
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have needs for a power of attorney for financial and health care decisions, as well as advanced directives to ensure that they receive the care they need and desire if incapacitated by illness. The clinic will provide one avenue to secure those relatively basic legal services, which many in our community take for granted. In addition to our new Estate Planning Clinic, we operate an Asylum and Immigration Rights Clinic, directed by Visiting Assistant Clinical Professor Alex Vernon. We also operate a Community Development Law Clinic, directed by Associate Clinical Professor Elizabeth Donovan. The Community Development Law Clinic includes a Human Trafficking Law Clinic, Mediation Law Clinic, and Patent Law Clinic. Visiting Associate Professor Frank Fodale teaches the Patent Law Clinic in which students represent clients that would not otherwise be able to pursue patents for their inventions. As with the Estate Planning Clinic, our Immigration and Community Development Clinics address local needs for the most vulnerable in our communities, while providing hands on experience to our students in the skills and concepts needed to practice law. In addition, we attempt to instill in our students a philosophy that the practice of law is much more than simply a means to achieving financial security. We believe that the practice of law is most appropriately considered a vocation. To properly orchestrate coordination between the clinics and provide general overview, we recently named Associate Clinical Professor Elizabeth Donovan as the Director of Legal Clinics. As you can see from the above, we embrace the ABA’s move to require experiential training. It fits well within our mission and enables us to contribute to our community. Indeed, we are exploring the concept of possibly expanding even more in this area, perhaps with a Veterans Clinic. It would take some external financial support, but veterans have needs that appear to be growing in our Southwest Florida communities, and a Veterans clinic would provide a breadth of opportunities to educate our future lawyers. We seek to serve Lee County, as well as our other local counties in Southwest Florida. Please feel free to contact me at kcieply@avemarialaw.edu, with any suggestions and/or opportunities. RG Prior to joining Ave Maria School of Law as President and Dean in July 2014, Kevin Cieply served as the Associate Dean for Academic Affairs and Associate Professor at Atlanta’s John Marshall Law School. Dean Cieply also served for more than 22 years in the U.S. Army and Wyoming Army National Guard, retiring with the rank of Colonel.
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Community Connection
Featuring Francine H. Donnorummo, Esq. by Sara Fitzpatrick Comito
“I do yoga,” Francine violent crimes and medical exams and evaluations, Donnorummo exclaimed forensic interviews, family assessments, psychological with a laugh. It represented evaluations and expert court testimony. a welcome release during Forensic interviews are videotaped in a safe, childa long conversation friendly environment where parents or caregivers about her prosecution of are not present. “If you have a 10-year-old giving a countless cases involving disclosure in this setting, you’re going to get more physical and sexual child information,” Donnorummo explained. Parents do abuse and neglect. The not watch the interview, either. She said this distance 5,000-year-old mind- from the caregiver in the interview process is crucial, body practice has helped “especially with sex abuse cases when the child’s been her remain healthy and living in the family home where an alleged abuser is Francine H. Donnorummo, Esq. sane over her last nine still in the home.” The taped interviews, in turn, can years with the State Attorney’s Office’s Special Victims be used to convey the suspected victim’s account to a Unit (she’s been with the SAO for 16 years). Another jury. steadfast resource has been the Children’s Advocacy Donnorummo appreciates that further trauma is Center of Southwest Florida, which has assisted her mitigated at every step of the process. The number office with hundreds of cases. of interviews is limited. “It’s not good for the child to As Lead Special Victims Unit Attorney for the continually tell their story,” Donnorummo confirmed. 20th Judicial Circuit, Donnorummo relies on the Most importantly, when the child does tell the independent non-profit organization to provide story, he or she benefits from proven, open-ended evidence of abuse that will stand up to scrutiny in questioning techniques that enable recall of details in a courtroom, and to help children talk about what an organized fashion that might otherwise be lost or happened to them. tainted, and in a relaxed atmosphere. CAC-SWFL provides Taking the stand is abuse determination, stressful for children. therapeutic counseling, Donnorummo said, parenting education, “The benefit of the video abuse prevention and interview being shown to offender programs in the jury is that they can Lee, Hendry, Glades hear the facts as relayed far closer in time to the and Charlotte counties. incident and with more Its Child Protection detail. The other benefit of Team is composed of the video taped interview trained professionals is that it can aide in the who provide crisis A boat trip to Cayo Costa for a picnic and shelling was the first intervention to suspected time some of the kids from CAC-SWFL’s Pine Manor after school/ Continued on page 30 victims of abuse or summer program saw the Gulf. 28
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Community Connection ultimate resolution of the case in advance of trial as the defense can view it and show it to their client.” While y it n u m m working to e Manor co g in the Pin in rk o w s Kid execute a garden warrant request recently, Donnorummo had a conversation with a six-yearold girl in her office. “It’s hard especially for smaller children to remember all the details,” she explained. With the help of the taped interview that CAC-SWFL provided, however, “No matter how scared she was, we were able to memorialize that.” Donnorummo was able to get the warrant approved, but as articulate as the child was in her office, she was terrified in court. Nevertheless, the perpetrator was sentenced to three life sentences on capital sexual battery—a life-only charge. The admissibility of the evidence CAC-SWFL furnishes, according to Donnorummo, is “huge.” Children are referred to the Child Protection Team for assessment by law enforcement or the Department of Children and Families, the agency that answers the Abuse Hotline. A medical assessment is sometimes indicated, too. The goal of the assessment is to detect, diagnose, document and treat any injuries
Continued from page 28
or conditions that may have resulted from suspected abuse or neglect. Based on their findings, CACSWFL staff makes a recommendation to DCF and law The 2013 Pine Manor Thanksgiving enforcement, which with CAC-SWFL was attended by 300. will determine next steps. In addition to receiving the referrals, Donnorummo meets monthly with the organization to review all its cases, and decide where her office needs to criminally proceed. Part of the SAO’s job is to explain the qualifications of the professional staff at CAC-SWFL, which is already held in high esteem by the local court system. “The more respect we’re able to give their expertise, the more a jury will understand,” Donnorummo said. “We explain what degrees they have, how long they’ve been there, how many hundreds of interviews they’ve completed and their ongoing continuing education.” Staff is on call 24 hours a day/seven days a week. All services are free of charge. The best way to help is to be aware, and report, said Donnorummo. “If you know a child is being abused in any way, call the hotline. The Children’s Advocacy Center will be there.” For other ways to help this United Way Partner Agency, visit www.cac-swfl.org and click on “Support.” The child abuse hotline is 1-800-9622873. Caller information is kept confidential. RG
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The Dish
El Gaucho Inca “Each of us is born with a box of matches inside us but we can’t strike them all by ourselves.” This is Dr. John Brown’s sage counsel to Tita, the beautiful protagonist of Laura Esquivel’s novel, Like Water for Chocolate, who has been placed under his care following her nervous breakdown. He had inherited this wisdom from his grandmother, and he expounds on her theory, saying, “…the combustion that occurs when one of them is ignited is what nourishes the soul.” The veracity of this theory is on trial with every plate that comes out of the kitchen at El Gaucho Inca, and, unknowingly, its many fans have proven it over and over again. Argentinianborn Mariano Maldonado (the “gaucho”) and Peruvian Rocio Navarrete (the “Inca”), met here in Southwest Florida and drawing from their combined inner fire, have been nourishing the souls of locals for several years. The happy couple would forgive me for quoting from a book of Mexican fiction, I’m sure, even if the romanticism threatens to be overly effusive. Combining the crops, herbs and tubers of Peru’s windswept terrain and the fishes of its unspoiled coasts with the famous asado barbeque of Argentina is no act of rebellion against anyone’s notion of culinary isolationism. Instead, the enthusiastic amalgam speaks of a long history of colonization and an intermingling of cultures in both cuisines, with Italian and Spanish influences common to the two countries. There’s a difference between fusion cuisine and confusion cuisine, but El Gaucho Inca offers a pure type of wide-eyed cultural sharing without a trace of gimmick. “Italian” also earns its place among the offerings, and far be it for me to have any argument with homemade pasta. But when a menu is loaded with dishes inflected with a distinctive South American accent, I’m going there first. And the extensive menu at El Gaucho Inca will stand up to repeated exploratory forays. If the South American countries’ histories are complicated by European imperialism, the mission of El Gaucho Inca is straightforward, and serves to achieve warm hospitality, authentic, lovingly prepared food and an escape from the everyday. Don’t be dismayed by the strip mall storefront. Even before you reach the door, you’ll be greeted with the heady smells of sautéed garlic, roasted aji amarillo peppers, grilled sausages or whatever good thing is cooking at the moment. Step inside out of the bright sunshine, and the immersion is complete. Whiskey barrels, tools of the Argentinian cowboy trade and Peruvian tapestries all conspire to transport diners to somewhere other than your normal day. Order from the small, but carefully selected list of European and South Americansourced wines and peruse the menu. Nibble on some fresh, 32
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The Dish matches dampens, and not a single match will ever be lighted.” If one is ever in need of fuel for that internal fire, there is no short supply at El Gaucho Inca. RG
El Gaucho Inca Tue - Thu: 11 a.m. - 9 p.m. Fri: 11 a.m. - 10 p.m. Sat: Noon – 10 p.m. Sun: Noon – 8 p.m. (239) 275-7504 www.elgauchoinca.com 4383 Colonial Blvd., Fort Myers
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.
lightly toasted bread served with huacatay sauce, the delicious Peruvian answer to pesto made with a spicy mint-like herb. Take in the richly decorated surroundings, which do not in the least bit smack of kitsch. It’s obvious everyone, from the servers to the owners, take pride in their heritage and delight in sharing it. For the Argentinian side, churrasco de vacio, or skirt steak with homemade chimichurri was the daily lunch special on a recent trip. Besides being fun to say, chimichurri is the delectable green sauce that often accompanies grilled meat, which here is cooked perfectly to order. The lunch portion, along with the ceviche (seafood cured in a tasty acidic sauce of lime juice and seasonings, and the national dish of Peru) and two fresh, flaky empanadas, proved more than enough for two people. But there’s so much more to try! A good way to go is a parrillada, a mixed grill sampler including a combination of various cuts of steak, blood sausage, sweetbreads, chicken, pork chops or short ribs. Naturally, such an endeavor would call for a big Argentinian malbec. The dessert menu is just as representative of the diversity of cultures and flavors that contribute to the South American dining experience, from tres leches cake to crème caramel (the famous Argentinian flan) to tiramisu. As Dr. Brown concluded to his patient, “If one doesn’t find out in time what will set off these explosions, the box of
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Photos courtesy of Julie Renner Photography
LCBA Luncheon & Pro Bono Awards 1. President John Agnew 2. Scott Atwood, LCBA Secretary 3. YLD bake sale to benefit Holidays in January
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4. Nirupa Netram, Esq. of Goodwill Industries of Southwest Florida 5. FRLS Pro Bono Services Coordinator Anais Bimonte and Executive Director Don Isaac 6. Ethel Wells accepts the Liberty Bell Award from John Agnew 7. Member at Large candidates Aaron Haak and Jim O’Leary, with Mary Briedé 8. Kelly Fayer and Cynthia Duff of sponsor CopyLady 9. Ethel and Lovie Wells
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RES GESTAE | December 2014
Legal Lens 1
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LCBA Bar-B-Que 1. Award-winning firemen chefs prepared an unforgettable meal.
2. Retiring Judges Sherra Winesett and Ed Volz, Jr.
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3. LCSO deputies kept a watchful eye over the festivities. 4. About 100 members, friends and sponsors attended the annual event. 5. Membership Committee Chair Janette Smith (photo by Claudia Volk) 6. Beth Beatty, Scott Beatty and Karla Campos- Andersen 7. John Agnew, Scott Atwood, David Prather, Hon. Tara Paluck and Michael Andersen
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8. Kim Patrick Hart, Mike Maxwell, Jack Phelps, Pattie Schreiber and Hon. Joseph Fuller 9. Marcy Shaw, David Prather and Jewel White 10. Michelle Rygiel, Steve Koeppel, (Back) Robert (Bob) Shearman and Susan Shearman, and (front) Lisa and Mark Yeslow. December 2014 | RES GESTAE
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On the Bench Hon. Lee A. Schreiber Growing up in a musical family with two brothers and two sisters, Judge Lee Schreiber’s childhood was defined by harmony. Because she was so blessed by an upbringing that included eating dinner together every night, she has always felt compelled to help families whose relationships are characterized by more discordant tones. “A strong family unit is at the center of a strong community,” she said, while acknowledging that many families these days don’t fit that description. She is assigned to the Juvenile Dependency, Dependency Drug Court and Unified Juvenile Court dockets in Lee County. On a typical dependency hearing day, the hallway outside Courtroom 3A can be filled with 100 people, between parents, stepparents, guardians ad litem, social workers and other witnesses. Judge Schreiber doesn’t fit many people’s notion of a judge. Recently she entered the Children’s Room where young people are buffered from the excitement, removed her robe because sometimes it scares children, and asked a little seven-year-old boy, “Do you know what judges do?” He said, “Yes, they put people in jail,” to which the judge replied, “I’m not that kind of judge. I’m a children’s judge. I make sure they’re safe.” Substance abuse is the leading underlying issue in cases that come before the judge, with mental illness a close second. Likewise, the dependency docket is intertwined with many other divisions of the court, and the problem of child abuse and neglect has far-reaching consequences including potential criminal behavior by victims. For all the complexities, emotional heavy lifting, and what the judge terms “multitasking on steroids,” she insists, “We’re a helpful and hopeful court.” The horrendous cases that make for sensational headlines are the easy ones to decide, but those, thankfully, are the exceptions. Most matters present nuances that require creative problem solving. Luckily, the court has at its disposal an impressive panoply of community resources to provide low- to no-cost services to help attain reunification and healing of families where possible. “If we can get to these families early enough and get them the right services, we have a pretty good success rate,” said the judge. It’s the reason she goes home “exhausted and exhilarated” most nights, and why she elects to stay on the Juvenile Dependency bench.
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RES GESTAE | December 2014
From the Bar Zachary M. Gill, Esq. “I can’t really imagine myself living anywhere else,” said Zach Gill. Although he spent a couple of years working in Orlando, his family connection to Southwest Florida keeps the Fort Myers native close to home. He and his wife are raising a three-year-old boy now, too, so this selfdescribed “Florida cracker” and Florida State University grad has set down some sturdy roots. The fishing’s good around here, too. While studying at Barry University School of Law he worked for the City Attorney’s Office for the City of Orlando, assisting attorneys in the areas of insurance defense, constitutional law, election law and employment law. As a personal injury litigator approaching his fifth year at Goldstein, Buckley, Cechman, Rice & Purtz, P.A., Gill gives a lot of credit to his parents and mentors for preparing him for his career. From his math teacher mom, he inherited an analytical mind, and he gets a competitive streak from his teacher-football coach dad. As a youngster, he also had then-Mayor Wilbur Smith as a Little League coach, with now-Judge Edward J. Volz, Jr. acting as assistant coach. Gill credits Smith and Volz for first introducing him to the positive impact a lawyer can have on a community. He chose personal injury law because he thought it was the best way to put his talents to use for helping people. As a prosecutor in Orlando and then in Fort Myers, he honed his skills advocating for victims, and his current practice area was a natural extension. He describes his firm as “community-minded,” placing an emphasis on civic involvement. It was also important for Gill to surround himself with attorneys who put a premium on professionalism and ethics. “Some people have negative feelings toward attorneys,” Gill acknowledged. “That’s why it’s important to have a strong ethical background, to do the right things and carry yourself with ethics in mind.” When not spending time with his family or cheering on the Noles, Gill serves on the board of directors for the Edison Festival of Light, an organization he’s been involved with since he was a boy. In addition to the LCBA, he’s also a member of the Florida Justice Association and a past member of the Calusa Inn of Court.
HOA/CONDO LAW We Represent:
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Jennifer L. Delaney, Esq.
HOA/Condo Litigation Attorney
Real Estate Law • Business Law • Construction Litigation Probate & Probate Litigation • Estate Planning
239-337-1147
Kevin F. Jursinski, B.C.S. Florida Board Certified in Real Estate, Business & Construction Law
www.KFJlaw.com
15701 S. Tamiami Trail, Fort Myers, FL 33908
December 2014 | RES GESTAE
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From the Bar Chené M. Thompson, Esq. “I really liked going after the bad guys,” Chené Thompson recalled. She served as an ASA locally, and was named one of the top prosecutors by the Florida Attorney General for work she did at the Office of Statewide Prosecution. In her current role at Pavese Law Firm, she tries to help out the good guys, such as her client in a recent jury trial involving, not organized crime or narcotics trafficking, but breach of contract. As a girl, Thompson really wanted to be a racecar driver. She had the most meaningful conversations while handing tools to her mechanic dad as he toiled away at an engine. Her love of hot rods was a happy side effect, and her house with husband Judge Nick Thompson has extra garage space just in case. It took dinner with an attorney friend and perhaps a little wine to convince her to ultimately transition into the private sector. The friend was looking to hire someone who could hit the ground running—in other words, “someone who could find the courthouse and learn how to get past the metal detectors,” which she mused is half the battle. As a litigator, Thompson likes helping those who are less familiar with the lay of the land. She appreciates that this land offers opportunities that do not exist elsewhere, such as the opportunity to be heard. When Henrietta Hughes needed to be heard, Thompson listened. You might remember a good Samaritan stepped forward with help after Hughes tearfully spoke up at a town hall-style meeting with Barack Obama at Harborside Event Center in 2009 about losing her job and home. Thompson ended up in the national news for offering Hughes and her son a house she had been trying to sell to live in rent-free until they could get on their feet. When asked if she would do it again, she answered, “Absolutely. One hundred percent.” She suggests it might be a good idea to inform one’s spouse (something she did not do). She explained, “God had me at the right place at the right time.” When not at work representing primarily condominium associations or corporate clients, or supporting several community causes, Thompson enjoys spending time with her husband and four-year-old son.
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RES GESTAE | December 2014
Real Estate
where to buy, sell or lease
Office Space for Rent
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HISTORIC EDISON THEATRE BUILDING 1533 HENDRY STREET ~ DOWNTOWN FORT MYERS
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Injury Lawyers
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Berke Law Firm, P.A. 4423 Del Prado Blvd., S • Cape Coral, FL 33904
For More information please Contact
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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
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Contact Florida Fidelity Realty Advisors, Inc. | Kevin F. Jursinski, Licensed Real Estate Agent (239) 887-3333 | Kevin@KFJLaw.com to advertise here-email resgestae@leebar.org
December 2014 | RES GESTAE
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Real Estate
where to buy, sell or lease the Lee County Bar Association’s Historic downtown location (Old Robb & Stucky Building)
◆ Adjacent to city parking garage ◆ Short walk to courthouses, governmental offices, and restaurants 3 completely renovated office suites ranging from 536 to 1,032 +/- square feet ◆ No CAM charges ~ Flexible lease terms and conditions
◆ Contact LeeAnn Harrington
239-334-2722
100 Club
Absolute Law 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. Cole Scott & Kissane, P.A., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Engvalson & Associates, P.A. Florida Rural Legal Services 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.
to advertise here-email resgestae@leebar.org
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RES GESTAE | December 2014
Legal Briefs Lile elected 2nd DCA JNC vice chair Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, was elected by his fellow commissioners to the position of vice chair of the Second District Court of Appeal Judicial Nominating Commission. Lile was appointed to the JNC by Gov. Rick Scott in August 2014 for a term that ends July 1, 2018, and will serve as vice chair for one year. An elected member of the Board of Governors for The Florida Bar, Lile is past chair of the Bar’s 9,000-member Real Property, Probate & Trust Law Section. He is also an elected member of the Board of Regents, and a past state chair and fellow in the American College of Trust and Estate Counsel. Laird A. Lile, P.A., offers legal counsel on estate- and trust-related matters, including estate planning, estate and trust administration, probate-related litigation and tax matters.
Zapiec joins Martin Law Firm Caroline Zapiec has joined the attorneys at the Martin Law Firm. Her practice focuses on personal injury litigation. She earned her JD, cum laude, at the University of Florida Levin College of Law. There, Zapiec gained practical experience through an internship at the Intimate Partner Violence Assistance Clinic, where she helped obtain injunctions for victims of domestic violence. She also interned at the Office of Technology Licensing for the university. Zapiec’s experience includes private law practice in the criminal sector, having worked at a private criminal defense law firm in Gainesville during her last year of law school. Zapiec is from Cape Coral, and graduated from Canterbury School. During her undergraduate years, she studied the Spanish language and biochemistry at the University of Florida. She speaks fluent Spanish and Polish.
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Legal Briefs Douglas joins Hahn Loeser Blaze R. Douglas has joined Hahn Loeser & Parks LLP as a litigation associate in the firm’s Fort Myers office. Douglas received her J.D., magna cum laude, from the University of Miami School of Law in 2014, where she was the research and writing editor for the Business Law Review. She won the Evan A. Evans Constitutional Law Moot Court Competition, where she and her teammate defeated 23 other teams nationwide. She also was one of 25 winners selected from 200 competitors for the Charles C. Papy Jr. Moot Court Board based on her written brief and oral advocacy skills. This win placed her and her teammate as one of the top 10 moot court teams in the United States. Douglas is a member of the Order of Barristers and was recognized as the best in her class for both trial and pre-trial skills.
Knize Joins Henderson Franklin Peter Knize has joined the estate planning and administration practice at Henderson, Franklin, Starnes & Holt, P.A. Previously he practiced law in Sarasota and Raleigh, North Carolina. Knize works with clients for all their estate and trust needs, from drafting a simple will to designing a complex estate plan with revocable/irrevocable living and testamentary trusts. He also has extensive experience in probate administration, guardianships, estate, gift and generation-skipping tax laws, and charitable giving, as well as the forming, administering, and transferring of family business entities. Knize received an undergraduate degree from the University of Central Florida and another from the University of South Florida. He also has a graduate degree from the University of South Florida. He earned his juris doctor from Nova Southeastern University and an L.L.M in estate planning from the University of Miami.
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RES GESTAE | December 2014
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