Res Gestae - April 2015

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

APRIL 2015

THE LAND AND ITS LEGACY

Kate English: Alligator Courage and her fight for farmers

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

CERTIFICATION CREDITS Elder Law: 7.0 Wills, Trusts, and Estates: 7.0

SPEAKERS

Kevin Carmichael

CLE CREDITS General: 9.5 Ethics: 1.0

Tami Foley Conetta

Friday, May 1, 2015 8:00 a.m. – 4:30 p.m.

Ave Maria School of Law Campus in the Vineyards in Naples Early-Bird Registration: $150 ay. d o T ister g! For more information, visit: Reg atin e S www.avemarialaw.edu/estateplanning ted Limi

Jan Dash

Alan S. Gassman

Jonathan Gopman

Jerome M. Hesch

Gregory T. Holtz

or contact Jean Takacs at: jtakacs@avemarialaw.edu or (239) 687-5405

Outstanding Sessions from estate planning experts, including:

“Eleven Innovative Planning Techniques for the Tax and Estate Planning Professional” “The Mathematics of Estate Planning” “Powers of Appointment” “Estate and Succession Planning for Closely Held Businesses” “Ethics of Empowerment” “How to Build and Expand a Successful Estate Planning Practice” “Income Tax Planning for Non-Grantor Trusts” “Asset Protection”

A SPECIAL THANK YOU TO OUR SPONSORS: Presenting Sponsor:

Lunch Sponsors:

Partner Sponsor:

PNC Wealth Management Ariel Capital Advisors, LLC

Wi-Fi Sponsor:

Breakfast Sponsors: Rehmann Gassman Law Associates, P.A.

Kimberly Leach Johnson

Jason B. Negri

Richard A. Oshins

William A. Snyder

Barry F. Spivey

Associate Sponsor:

1025 Commons Circle • Naples, Florida • avemarialaw.edu Ave Maria School of Law was founded in Ann Arbor, Michigan, in 1999, and in 2009 relocated to Naples, Florida. It is licensed by the Florida Commission for Independent Education, License Number 4007, and is fully accredited by the American Bar Association. A copy of the official registration and financial information may be obtained from the Division of Consumer Services by calling toll-free within the state. Registration does not imply endorsement, approval, or recommendation by the state. http://www.freshfromflorida.com/divisions-offices/consumer-services 1-800-435-7352.

Gary A. Zwick

CRIMINAL DEFENSE, DUI, TRAFFIC All Federal And State Courts

150+ YEARS COMBINED EXPERIENCE

Over 100 Combined

Years Experience Attorney

John Musca Selected 'Super Lawyer' '12 15 Year Veteran Defense Attorney

Attorney

Marquin Rinard Death Qualified to Handle Capital Cases 30 Year Veteran Defense Attorney

MUSCA LAW 2 3 9

277-5297

2200 Martin Luther King Blvd.

Fort Myers, FL 33901

Contents

20

18

AD DIRECTORY Allied Business Solutions

17

Ave Maria School of Law

IFC

Boyle, Gentile & Leonard, P.A.

13

Boyle, Gentile & Leonard, P.A.

33

Buchanan Ingersoll & Rooney PC

On The Cover: L-R: Colin English, John

Cornelius English holding Perry English, half-sister Mary Stebbins, Ida Blount English holding Dan English (Kate’s grandfather), and Flora English (also known as Flora English Watkins).

Cover Photo: State Archives of Florida, Florida Memory, floridamemory.com/items/ show/31209

27

feature 18

23 Above photo: Young Lawyers Division Social at Fort Myers Brewing Company Standing (L to R): Spencer Cordell, Liridona Sinani, Vernon Guirguis, Blake Hampton, Danielle Levy.

Seated: Anitra Raiford, Kayla Richmond, Anthony Norman, Jarred Duke.

departments Letter from the President

8

Letter from the Editor

by Anne Dalton, Esq.

23 Legal Lens

19

Jason L. Gunter, P.A. Joe Viacava Law

29 15 IBC

Joel H. Brown

15

Jurisco, Inc

17

Kuhn Law Firm

26

Kushner & Kushner Attorneys

14

Law Firm of Scott T. Moorey

26

Law Office of Kevin Jursinski & Associates 37

McHale Properties

13

Merit Court Reporting, Inc.

38

Sweet Melissa's Café

30 Community Connection ECHO

Honorable Carol Mirando

35 From the Bar

by Denise Wheeler, Esq.

37

RES GESTAE | April 2015

9

35

Employment Law Update

4

31

17

14

LCBA Charity Golf Tournament

Estero Country Club

Livingston Loeffler, P.A.

Art Happenings

BC

Levins & Associates, LLC

32 On the Bench

38

Edison National Bank

The Dish

by Henry Lee Paul, Esq.

16

Donna Tisch

27

Employer Health Programs

33

36

by Sara Fitzpatrick Comito

Where to buy, sell or lease

"Dial A Nurse Inc."

14

Ethically Speaking

12

Leslea Ellis, LLC

Calendar of Events

Real Estate

9

Derfel Injury Law

Leonard P. Reina

10 12 13

Denise Kennedy

Social scene photos

by Beverly Grady, Esq.

Lawyer as Advisor Rule 4-2.1

32

CONRIC PR & Marketing | Publishing

Hotel Indigo

by Sara Fitzpatrick Comito

6

35

Henderson, Franklin, Starnes & Holt, P.A. 34

alligator courage Kate English fights for farmers

28

Calvo & Calvo Attorneys at Law

Garvin Law Firm

by Sara Fitzpatrick Comito

Business Observer

Freidin, Dobrinsky, Brown & Rosenblum P.A. 7

Seeds and the city

20 The woman with the

26

Fort Myers Court Reporting

Organically cultivating a life-long passion

9

Buschbom Mediation

Denise Kennedy, Esq. & Joe Viacava, Esq

Legal Briefs

News and happenings

Musca Law Office, Inc.

3

Premier Executive Center

13

Simon M. Harrison

16

Spivey Law Firm, P.A.

5

T 3 Communications

15

Veranda Restaurant

28

Veritext Court Reporting

16

Von Ahn & Associates

33

Wilbur Smith Law

11

Maximum Referral Fees Paid

Note from the President The Complexity of Beauty, Horror and Giving Back “A civilization flourishes when people plant trees under whose shade they will never sit” – Greek Proverb Each month, the Bar Association features a different local charity at our luncheon meeting. February’s focus was on the Clinic for the Rehabilitation of Wildlife (CROW), the Sanibel savior of wildlife, thanks to our connection with Board member Edith Pendleton.

On April 10, Dr. Debbie Misotti, the founder and owner of the primate rescue facility “Talkin’ Monkeys Project”, will present at our membership lunch. An undeserved tragedy occurred to each primate at her facility prior to his or her rescue by Dr. Deb. Their stories can be viewed at talkinmonkeysproject.org Sara Fitzpatrick Comito, Res Gestae writer extraordinaire, and I travelled to the facility earlier this year to observe first-hand the wonderful work Dr. Deb has done with these primates. Rocco’s story is especially compelling. Rocco, a 20 year old white-faced capuchin monkey, was rescued from a private home in Tampa by the Florida Fish and Wildlife Commission. His owners had inflicted a horror worthy of Stephen King upon Rocco. They tried to remove his teeth with pliers (no anesthesia) and in the process broke his jaw in three places. They also broke his tail and several ribs. These same monsters had duct-taped a diaper to Rocco and left it in place for 7 weeks, resulting in terrible injuries. Although Rocco is physically healthy today and safe in his large facility surrounded by swaying bamboo, the emotional scars remain but he is responding well to gentle interaction under controlled circumstances. Unfortunately, Rocco and his fellow primates cannot be brought to our meeting, for their safety. However, Dr. Deb will present Rocco’s story, and the story of the other monkeys and primates, in compelling detail. Dr. Deb’s rescue efforts are supported 100% by her salary as a bookkeeper, her husband’s salary as a construction professional, and volunteer contributions by FGCU students and others.

LEE COUNTY BAR ASSOCIATION Administrative Team Executive Director Sharon Brotherton

Executive Assistant, Lawyer Referral & Pro Bono Coordinator Lisa Poulin

Executive Council President - Anne Dalton, Esq. Vice-President - Scott Atwood, Esq. Secretary - Kelly Fayer, Esq. Treasurer - Daniel Endrizal, Esq. Member-at-Large - Beverly Grady, Esq. Member-at-Large - Aaron Haak, Esq. Past President - John D. Agnew, Esq. YLD 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.

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

I would urge us all to contribute to her “Adopt A Primate, Adopt A Habitat” program.

Even a small contribution will be accepted. This program will be discussed by Dr. Deb at our April General Membership meeting and is also listed on her website at talkinmonkeysproject.org/adopt.html.

Margaret White-Small, Esq. & Stacy Sherman, Esq

This will also be our first meeting at a brand-new facility, located on the grounds of the Burroughs Home. It is only a few blocks from our regular location at the Sidney and Berne Davis Art Center. Prior to this meeting is a presentation on Ethics and Professionalism by our Alternate Dispute Resolution Practice Section, featuring participation by Judges Laboda, Kyle and McHugh. The subject for the ethics CLE will be “Med-Arb, Arb-Med: Ethics and Professionalism Discussion.” Please come to the presentation and stay for Dr. Deb!

Real Property, Probate & Trust Law

Criminal Law Keith Upson, Esq. 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 Dustin Butler, Esq. & Ryan O’Halloran, Esq.

Anne Dalton, Esq. adalton@daltonlegal.com | (239) 337-7900 6

RES GESTAE | April 2015

Land Use & Governmental Law Russell Schropp, Esq.

Personal Injury Medical Malpractice Wrongful Death Family Law

TRIAL COUNSEL

More than 130 years of trial experience.

Relentless in our commitment to POWERFUL ADVOCACY. Joel H. Brown

Manuel L. Dobrinsky

Philip Freidin

Randy Rosenblum

Fort Myers Miami Fort Lauderdale • 800.815.6232 • FreidinDobrinsky.com April 2015 | RES GESTAE

7

Letter from the Editor Law Week will be celebrated in Lee County from April 25 through May 1 – beginning with a great outreach event, LCBA’s “Law in the Mall,” and concluding with the LCBA May 1 Awards Luncheon Celebration.

How did Law Day begin? In 1957 American Bar Association President Charles Rhyne had a vision for a special day to celebrate our legal system. President Dwight Eisenhower established the first Law Day in 1958 to mark the nation’s commitment to the Rule of Law. It is an opportunity for Americans to reflect on the role of the courts being a cornerstone of a democratic government. Every year since 1958 each President has issued a Law Day proclamation recognizing the importance of this day. In 1961 Congress designated May 1 as Law Day by joint resolution.

Law Week programs celebrate the Rule of Law and the legal processes that implement and protect the freedoms that Americans have. As attorneys we have the opportunity to help people understand how our legal system works to achieve justice, for example: • Participate in “Law in the Mall,” which allows members of the community to ask questions about the law, legal process or possible legal issues that they may be encountering in the legal system • Share your knowledge and skillset in the Mock Trials with a group of local high school students • Volunteer in September by giving a presentation on the Constitution to a class of students

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

239.334.0047 resgestae@leebar.org

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EDITOR-IN-CHIEF Beverly Grady, Esq. ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Anne Dalton, Esq. Beverly Grady, Esq. Henry Lee Paul, Esq. Denise Wheeler, Esq. Lydia Black Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047

• Volunteer to assist in a pro bono case for Legal Aid • Attend Law Week Events including the Awards Luncheon, which includes the ceremony to appreciate special accomplishments of advocates of individual rights. This is a time to appreciate the contribution of attorneys, judges and other persons to our community that are significant but which may have gone unnoticed.

Our values, which include service, professionalism, ethics, commitment to diversity, justice and equity, are celebrated during Law Week and are part of the fabric of Res Gestae. These values are reflected by the interaction between you and your LCBA. This month we have an array of interesting articles that have a good health thread, including a fascinating article by Denise Wheeler on Employer Wellness Programs and a close up view of ECHO (global headquarters in North Fort Myers) as our not-for-profit focus. Dig into an article about organic gardening and a feature on the multidisciplinary practice of agricultural law with a focus on Kate English, whose family has been in agriculture in Southwest Florida for decades.

Finally, LCBA is introducing a poetry contest. So sharpen your pencils and please turn to page 29 for the rules.

Beverly Grady, Esq. bgrady@ralaw.com | (239) 338-4207 8

RES GESTAE | April 2015

7370 College Parkway, Suite 206 Fort Myers, FL 33907 239.690.9840 | ConricPR.com | info@ConricPR.com Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the 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.

Copyright© 2015. 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 the Lee County Bar Association at info@leebar.org.

LAND USE | EMINENT DOMAIN | PUBLIC-PRIVATE PARTNERSHIPS | REAL ESTATE FINANCE | CONSTRUCTION AND DEVELOPMENT

Comprehensive thinking about places and spaces Our robust Real Estate Practice Group handles nearly any real estate deal you can imagine. With a depth of 70 real estate attorneys in 19 offices across the U.S., we deliver creative and comprehensive counsel on a wide range of real estate transactions.

www.bipc.com California | Colorado | Delaware | Florida | New Jersey | New York | North Carolina | Pennsylvania | Virginia | Washington, DC

REAL ESTATE TAX PLANNING | ACQUISITION | DISPOSITION | LEASING AND ASSET MANAGEMENT | ENERGY | RENEWABLE ENERGY MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:

Serving the Legal Community in the 20th Judicial Circuit Since 1993.

• • • •

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

• • • •

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

Conveniently located one block from the federal courthouse and three blocks from the state courthouse.

Uniquely situated to provide the most convenient and comfortable surroundings for your depositions, mediations, arbitrations and more.

2231 First Street Fort Myers, FL 33901

888-408-2380 239-334-1411

>>

PERSONAL INJURY

>>

NURSING HOME

>>

INSURANCE DISPUTES

>>

CONTRACT DISPUTES

>>

CONSTRUCTION

>>

REAL PROPERTY

>>

MALPRACTICE

EXPERIENCE IN DEVELOPING STRATEGIES AND PATHWAYS TO RESOLUTION!

FULL TIME

DENISE H. KENNEDY, ESQ. CERTIFIED CIRCUIT-CIVIL MEDIATOR | QUALIFIED ARBITRATOR

> > OVER 30 YEARS CIVIL LITIGATION EXPERIENCE REPRESENTING

PLAINTIFFS AND DEFENDANTS >> OVER 4000 MEDIATIONS AND ARBITRATIONS >> BOARD CERTIFIED IN CIVIL TRIAL LAW (1995) >> AVAILABLE THROUGHOUT 20TH AND 12TH JUDICIAL CIRCUITS WITH NO TRAVEL FEE

www.FMCR-NCR.com April 2015 | RES GESTAE

9

Calendar of Events

April 2

April 25

3:00 p.m., Historic Lee County Courthouse, Commission Meeting Rm

10:00 a.m. – 2:00 p.m., Edison Mall; Ryan O’Halloran, Event Chair. Contact Ryan@ohalloranfamilylaw.com to volunteer.

Investiture of the Honorable Robert J. Branning

April 3

Young Lawyers Div. Meeting

Noon – 1:00 p.m. at Golden Fork Café, 3086 S. Cleveland Ave, Fort Myers, Kim Bocelli, YLD President

April 10

CLE: Ethics and Professionalism in Arbitration and Mediation

11 – 11:50 a.m. at Uncommon Friends Foundation at the Burroughs Home, 2505 First Street, Fort Myers. ADR Practice Section Judicial and Peer Attorney Panel Discussion w/Hon. Alane Laboda, Hon. Keith Kyle, and Hon. Michael McHugh, and Anne Dalton and Bill Merchant, Moderators.

(1 Hr. Ethics). $35 members, $60 nonmembers, includes Membership Lunch following CLE Program (application pending).

LCBA Membership Meeting

Noon – 1:00 p.m. at Uncommon Friends Foundation at the Burroughs Home, 2505 First Street, Fort Myers: Lunch without CLE: $15 members, $25 non-members

April 16

Family Law Section Brown Bag Noon in Courtroom 5C of the Lee County Justice Center

April 22

LCBA Executive Council Meeting

5:15 – 6:15 p.m., Conference Room, Henderson Franklin Starnes & Holt, PA

Law Week Activities April 25 – May 1

Law in the Mall

April 30

CLE: Second District Court of Appeal Panel

2:00 – 4:00 p.m. in Courtroom 5H. Appellate Ethics--Ethical Practice Pointers from the Judges' Perspective.

Margaret White-Small and Stacy Sherman, Co-Chairs. Judge Craig Villanti, Judge Marva Crenshaw, and Judge Matthew Lucas.

LCAWL Judiciary Appreciation Reception

4:30 – 7:30 pm at the Marina at Edison Ford; 2360 West First Street, Fort Myers. $25 Lee County Association of Women Lawyers members, $30 Non-LCAWL members. RSVP to Dawn Jezik ddj@ blslawyers.com. Pre-Reception Cocktail hour 4:30 – 5:30 p.m. Reception from 5:30 – 7:30 p.m.

May 1

Student Q & A with Second DCA Judges and DCA Oral Arguments

8:30 – 10:30 a.m. at Lee County Justice Center, 1700 Monroe Street, Fort Myers. Courtroom TBD.

Law Week Awards Luncheon

Noon – 1:30pm at Sidney Berne Davis Art Center. Lunch without CLE: $15 members, $30 non-Members.

Luncheon to honor Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff’s Department. Also, the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education, and the prestigious Liberty Bell Award will be presented to a deserving member of our community.

May 8

Young Lawyers Div. Meeting

Noon – 1:00 p.m. at Stillwater Grille, 13451 McGregor Blvd., Fort Myers.

Kim Bocelli, YLD President

May 13

General Civil & Business Litigation Practice Section Luncheon

Noon – 1:00 p.m. Hosted and sponsored by Investors’ Security Trust 5246 Red Cedar Drive, Suite 101, Fort Myers. Ethics and eDiscovery presented by Andrew T. Cobb, Ph.D. Mary Briedé and Carlos Kelly, CoChairs.

May 21

Family Law Practice Section Brown Bag

Details TBD CLE: Bench/Bar Relations Ethics for Judges and Lawyers 10:45 – 11:50 a.m., Sidney Berne Some dates for 2015 Section Meetings have not been confirmed.

Davis Art Center; 2301 First Street, Check our website for details!

Fort Myers. $35 Members, $65 Nonmembers, includes Membership Lunch Visit us online at leebar.org to see the entire LCBA Annual Calendar and following CLE program (CLE credit conveniently RSVP for upcoming events. pending). Panel includes Circuit Judge Margaret Steinbeck, Collier County Would You Like to Submit an Event?

Judge Janeice Martin, Edward Cheffy Email your event submission to resgestae@leebar.org and Amira Fox.

Thank You to our Annual Sponsors for 2015

10

RES GESTAE | April 2015

CRIMINAL DEFENSE | CIVIL LITIGATION | PERSONAL INJURY | COMPLEX LITIGATION WILBUR C. SMITH, III

PO DRAWER 8

SAWYER C. SMITH

FORT MYERS, FL 33902

RYAN W. DOYLE GERALDO F. OLIVO, III DAVID L. CICCARELLO

THE BRADFORD BLOCK 1415 HENDRY ST. FORT MYERS, FL 33901

PHONE 239.334.7696 FAX 239.334.3669 WWW.WILBURLAW.COM

W E A R E P L E A S E D TO A N N OU N C E : G e r a l d o F. O l i v o , II I an d Da vi d L . Ci c c a re l l o H a ve J oi ne d T he Wilb u r S m i th L aw F ir m Ge r a ldo F. Ol i vo, II I wor ke d a s an As si st ant St a te At to rne y fo r th e Twe n ti eth Jud i ci al Ci r cuit fo r app ro xi ma t el y four ye ar s, d e ve lopin g a sp ec i alt y pro s ecu tin g h i gh i mpa ct ca s e s. Aft e r l e a vin g the St at e At to rn e y’s O ffi ce , Ge r aldo wor ked in p ri vat e p r ac ti c e gain in g e xp eri en c e in Con su me r D ebt La w. Ge r aldo ’s pr a cti c e wi l l b e fo cu s ed on Cr i min al D e fens e and Con su me r D ebt D e fe n se .

D a vid L. Ci c ca r ello wo r ked a s an a sso c ia t e atto rn e y fo r Kno tt, Eb e lini , H a rt: Attorn e ys At La w for fi ve ye a rs pr ior to joinin g The Wi lbu r S mi th La w F ir m Tea m. D a vid fo cus e s h is pr a ct i ce in the a r e a s o f bus in es s, co mme r c i a l, and con st ruc tion lit i gation . Da vid h a s r ep r es ent ed lo c al bu sin e s ses , d e velop e rs , and cont ra c to rs in r e sol vin g di spu te s r el atin g to a ll a sp e ct s o f th ei r bu sin e ss. H e ha s wo r ked on ma tt er s tri ed befo r e st at e and fe d er al cou rts at bo th th e t ri al and appe ll at e le ve ls . In addi tion to t ri al wo r k, Da vid c on cen tr at e s a con sid e rab le po rtion o f h is pr a ct ic e on a gri cultu r al l a w, con tr a ct d r a ftin g, con tr a ct n e goti at ion, and tr an s ac t ions in vo l vin g co mme r c i a l r e al e s t at e, co mme r c i a l l e as in g, and bu sin e s s a c qui sit ion s.

Fo r fort y fi ve ye a rs The Wi lbur S mith La w Fi r m h as b e en a l e adin g n a me in tru st ed r epr e s ent ation in South we st Flo rid a. It ha s a lso be en a n a me s ynon ymo us wi th ha rd wo r k, d ed ic at ion, and co mmu nit y in vo l ve men t. Lo o kin g to war ds th e n e xt for t y fi ve ye a rs , we ar e e xp andin g to o ffe r the s a me qu al it y o f wor k and ded ic a tion in the n e w pr a ct ic e a r ea s th at thes e atto rn e ys brin g to ou r tea m.

April 2015 | RES GESTAE

11

Ethically Speaking

LAWYER AS ADVISOR - RULE 4-2.1

by Henry Lee Paul

Rule 4-2.1 instructs lawyers “In representing a client, a lawyer shall exercise independent professional judgment and render candid advice….”

Although this rule is one of the least cited in discipline cases with The Florida Bar, it is one of the most important rules in defining the aspirations and obligations of the profession.

This duty includes providing candid advice, even if unwelcome by the client. A lawyer must be more than just a hired gun to help obtain the goals of a client. A client may have goals that the lawyer considers to be simply unwise or which conflict with the obligations of a lawyer to the legal system. To be an effective and ethical lawyer, it is important to educate a client and provide a realistic assessment of client expectations at the outset of the representation.

While candid advice is required in all matters, it is especially important in litigation. Candid advice in litigation includes advising a client of the perils and risks of the litigation as well as educating a client about the limits of professional conduct once involved in litigation.

Although few clients may appreciate being informed that their lawyer believes their case is unlikely to result in satisfaction of their expectations, a lawyer has a duty to convey a candid evaluation, even at risk of losing the representation.

A client who endures the stress or expense of litigation, only to then discover their lawyer had not given candid advice, in

advance, about the difficulty of the process and their prospects, will be justifiably distressed. Of course, a lawyer cannot predict a final result, but every experienced lawyer should be able to at least communicate the difficulty of the process and evaluate the risks of a matter.

The duty to render candid advice may also include educating a client on the duty of a lawyer to act in a professional manner in contentious litigation. This advice may be especially unwelcome in those cases in which a client may desire nothing more than to cause harm or expense to the opposing party – an emotion regularly confronted by family law practitioners.

A lawyer should counsel a client that there is an independent duty to act in a professional manner and that the lawyer will act in a professional manner regardless of client wishes. Many have suggested including language in the fee agreement advising a client that the lawyer will act in a professional manner during the course of the representation.

The duty of candor to the client is fundamental to the attorneyclient relationship and has been recognized as a reason for the existence of the attorney-client privilege: “…the privilege encourages clients to make ‘full and frank’ disclosures to their attorneys, who are then better able to provide candid advice and effective representation…This, in turn, serves ‘broader public interests in the observance of law and administration of justice.” Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100, 108 (2009). RG Henry Lee Paul is former Bar Counsel who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

DO YOU HAVE CANADIAN CLIENTSClients THAT WERE INJURED IN FLORIDA? Do you have Canadian Injured in Florida?

They may be entitled to millions of dollars in compensation in Canada (Ontario) for medical benefits, pain and suffering and economic loss.

You may need an experienced Canadian attorney to assist with your clients’ non-Florida claims and actions.

David Derfel is an experienced Ontario lawyer who knows how to protect the rights of Canadian (Ontario) residents injured in Florida. Referrals respected.

1.844.2DERFEL (1.844.233.7335) • derfel@thelawyerforcanadians.com

TheLawyerForCanadians.com 12

RES GESTAE | April 2015

Real Estate

where to buy, sell or lease

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-email resgestae@leebar.org

Our firm routinely handles and accepts referrals of appellate matters in both state and federal courts.

Legal advocates for the rights of policyholders in insurance recovery, risk transfer, additional insured coverage, coverage disputes and denials, claim representation, and bad faith litigation.

Representing buyers and sellers in all of their commercial and residential real estate transaction and litigation needs.

Mark A. Boyle, Esq.

Geoffrey H. Gentile, Esq.

Michael W. Leonard, Esq.

Amanda K. Anderson, Esq.

Molly A Chafe, Esq.

2050 McGregor Boulevard • Fort Myers, FL 33901 Ph: 239-337-1303 • Fax: 239-337-7674

Justin M. Thomas, Esq.

Thomas P. Rechtin, Esq.

Ellen C. Germuska, Esq.

309 S. Fielding Avenue • Tampa, FL 33606 Ph: 813-254-1122

BoyleGentilelaw.com April 2015 | RES GESTAE

13

Employment Law Update

by Denise Wheeler, Esq.

For many years now, employer sponsored wellness plans have been popular with employers as a measure to reduce health insurance benefit costs and the cost of absenteeism, breaks associated with smoking and other repercussions of employees’ unhealthy lifestyles. Whether or not these wellness programs actually save employers money or improve the employees’ health has been a subject of great debate. Now there is another issue to be considered in this debate—are employer sponsored wellness plans legal?

In 2009, The Equal Employment Opportunity Commission (EEOC), the agency charged with enforcing the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), among other laws, initiated this debate when it rescinded its endorsement of the regulation that allowed employers to reward employees who participate in such plans with financial inducements of up to 20% of the costs of health insurance coverage. At that time, the EEOC stated that it was continuing to examine what level, if any, of financial inducement to participate in a wellness program would be permissible. To date, the EEOC has not issued any further guidance.

The next year, in 2010, Congress weighed in on the issue with the passage of the Affordable Care Act (ACA). The ACA provides that a financial reward for employee participation in wellness programs is lawful if it does not exceed 30% of the cost of the coverage and up to 50% incentives for some purposes, such as employees entering smoking cessation programs.

The EEOC made yet another move in this political chess game. Recently, in August, September and October of 2014, the EEOC filed lawsuits alleging that various wellness programs violate the ADA. In one suit, the EEOC sued Honeywell, Inc. and alleged that its wellness program violates the ADA even if

Thinking Social Security Disability?

Think Kushner & Kushner.

www.KushnerAndKushner.com Phone: 239.337.3600 • Fax: 239.337.1428

2121 West First Street • Fort Myers, Florida 33901

14

RES GESTAE | April 2015

it complies fully with the ACA. All of this leaves employers facing the risk of an EEOC investigation or lawsuit even if they structure their wellness plans to comply fully with the ACA. Six years after rescinding the regulation that provided some guidance as to how an employer could adopt a “voluntary” wellness plan, the EEOC has failed to provide any alternative guidance. Instead, the EEOC has taken an aggressive litigation stance against employers with wellness programs. Both Democratic and Republican members of Congress have expressed frustration with the EEOC’s position on employer wellness plans.

To date, no court has sided with the EEOC on the issue of whether a wellness program violates the ADA or GINA. However, those laws do contain protections against disclosures of disabilities or other genetic issues that could be implicated if an employee refuses to undergo a health assessment or otherwise participate and balks at absorbing the financial penalty. Any litigation costs could quickly exceed the anticipated cost savings that the wellness program was designed to generate.

Until the EEOC issues further guidance on what exactly is a “voluntary” wellness program, or until we have more published case law, the rights of both employers and employees under these programs are uncertain. RG Denise Wheeler is Board Certified in Labor and Employment Law by The Florida Bar and focuses her practice on representing employers in all types of employment law issues including defending employers in lawsuits in state and federal courts. She earned her J.D. from Stetson University College of Law in 1994 and her B.A. from the University of South Florida in 1991.

35 Years.

3,500 Mediations.

Experience Makes the Difference.

LPR

Leonard P. Reina, P.A. Attorney ■ Mediator ■ Arbitrator ■ Special Master

239.263.2059 www.LPReina.info LPReina@LPReina.com

J��� H. B���� High-Net-Worth, Complex Family Law

Former Chief Judge of Florida’s 11th Judicial Circuit Former Family Law Division Administrative Judge Florida Bar Board Certified Civil Trial Lawyer Florida Supreme Court Certified Mediator Miami | Fort Myers | Fort Lauderdale

800.815.6232 FreidinDobrinsky.com

Hosted PBX ¡ Cloud Computing & Storage ¡ Colocation ¡ Disaster Recovery Managed IT Services ¡ Voice Services Fiber & Ethernet Transport Solutions

239.333.0000

April 2015 | RES GESTAE

15

Art Happenings Alliance for the Arts is proud to be the beneficiary of the LCBA’s Fifth Annual Charity Golf Tournament on Saturday, June 6 at Pelican Preserve Golf Club in Fort Myers, generously sponsored by Roetzel & Andress. The day includes an 8:30 a.m. shotgun start, breakfast, lunch, and silent and live auctions. Proceeds will benefit the Alliance for the Arts’ Youth Scholarships and ArtReach educational programming.

Executive Director Lydia Black said, “We are delighted to be the beneficiary of the 2015 LCBA golf tournament. Research clearly shows that children who participate in art-related experiences have increased self-esteem, social skills, and leadership competencies as compared to their peers. We are proud to partner with LCBA to expand our youth arts programming.”

The Tournament Early Bird registration deadline is May 1. Final golfer registration deadline is May 23. To register now, or learn more about becoming a sponsor, donating items to the auction, or to volunteer during the event please call 239-334-0047, or email admin@leebar.org.

“The arts are a critical necessity in our society, not a luxury,” said said LCBA President and arts supporter, Anne Dalton. “Offering children the opportunity to acquire arts knowledge and hands-on theatrical experiences is a significant contribution to cultivating the next generation of leaders.”

The Alliance for the Arts is the county’s local arts nonprofit dedicated to infusing the community with arts programming through a diverse, innovative and balanced program of performances, events, community building and educational projects that reaches the widest possible audience. The Alliance’s ARTreach offers people of all ages and economic levels the opportunity to participate in artistic and cultural endeavors, mentorship opportunities, and provides a healthy and safe environment. Engaging in the arts is proven to increase self-esteem, enhance quality of life.

Julie Renner Photography

Mediation and Arbitration Services

SIMON M. HARRISON, ESQ. Over 4000 Mediations and Arbitrations since 1992 Circuit, County, and federal (mdfl) Courts Attorney for 35 years AV rated-martindale Hubble Convenient on line availability Check and calendaring 

Commercial



Probate



construction



guardianship



Contracts



trusts



Real estate



Employment



Foreclosure



Eminent Domain



insurance



Condo and HOA

I have the experience to understand the practical, financial, business, and emotional needs of the parties. I look forward to the opportunity to put that expertise to use in helping you to resolve your client’s dispute. on line calendaring and full cv at Www.smharrison.com Phone: 239-433-4505 E-mail: Simon@smharrison.com

Member of the National Academy of Distinguished Neutrals

16

RES GESTAE | April 2015

Expect More - Choose Veritext As a Veritext Company, Donovan Court Reporting is now able to offer more!

• Court Reporting • Video Services • Document Repositories • Remote Depositions

• Privacy & Data Security • Exhibit Management • Mobile Scheduling Apps • National Presence Find out more about Veritext: veritext.com/expect-more

THE EXPERTS IN SURETY BONDS Jurisco is one of the few surety bonding companies in the nation specializing in surety bonds for the legal system. Providing reliable surety bond information and assistance to clients in every state since 1987.

Can approve and email bonds within 30 minutes Provides all Probate, Guardianship, Professional Guardian and Civil Court Bonds Largest writer of Surety bonds in Florida • Lawyer-trained Staff Lowest rates available on all bonds

Jurisco.com

800.274.2663 tel 800.587.4726 fax bondinfo@jurisco.com 1641 Metropolitan Circle, Suite A • Tallahassee, FL 32308.

Attorneys Jess W. Levins, Esq. Scott A. Cummings, Esq.

PrActice AreAs

(239) 472-5506 Lee County

(239) 430-1130

Collier County Email: Islandinv@aol.com www.AlliedBizSolutions.com

P.O. Box 427, Captiva, FL 33924 Serving SW Florida Since 1989

Wills ∙ Trusts ∙ Probate Trust Administration ∙ Guardianship Foreclosure Defense ∙ Real Estate Corporations ∙ Bankruptcy ∙ Asset Protection Pre and Postnuptial Agreements

P: (239) 437-1197 F: (239) 437-1196 www.LevinsLegal.com 6843 Porto Fino Circle Fort Myers, FL 33912

The friendly attorneys you can talk to...™

April 2015 | RES GESTAE

17

Seeds and the city Organically cultivating a life-long passion

by Sara Fitzpatrick Comito

T

he sign of a great gardener isn’t a green thumb, it is brown knees.

Contrary to what you may have heard, there is no gardening gene, no congenital magic that causes plants to explode into bloom under one’s feet.

It’s about work, curiosity, creativity and resourcefulness. I’d venture those aren’t too different from the requirements associated with good lawyering.

Therefore, consider yourself at a distinct advantage as you contemplate putting trowel to soil for the first time.

Many of the LCBA’s members have already caught the gardening bug. Others, like our cover story subject, Kate English, come from a long line of Florida farmers.

Some have relocated from climates with different sorts of considerations. Then there are the folks—maybe you among them—who are curious about gardening, but don’t know how to get started. As my introductory adage indicates, once you get your hands into the dirt you’re well on your way to a lifelong obsession.

Go ahead and get that “just one tomato plant” in the pot. But be aware that it is a gateway drug, one with plenty of consequences. Before you know it, you’ll be upping your daily dose of fresh air and sunshine. An overabundance of zucchini may occur.

Get dirty

Your first step is to just get started.

You can garden anywhere. A visit to the Global Farm at ECHO, this month’s feature nonprofit, will reveal how people are growing their own food vertically, on rooftops, in old tires and in all kinds of conditions. People pull off the road when they pass my yard to see what’s growing, 18

RES GESTAE | April 2015

some of it through the sidewalk cracks. It hasn’t always been this way.

My husband and I garden on a property inside Fort Myers city limits that’s about the size of a postage stamp.

When we moved in a neighbor said, “Nothing will grow under those trees.”

He was likely insinuating that we should cut them down, as he doesn’t like the oak leaves blowing into his sparsely sodded yard. We took it as a challenge. These trees have seen a lot over their century or so of existence. They’ve seen a featureless rectangle transformed into a riot of fruits, vines, blossoms and greens, and the lawnmower rendered obsolete.

Get a mentor The most important thing I’ve learned since graduating from that “just one tomato plant” is that everybody makes mistakes, and it’s helpful to find people who are sliding down the other side of the learning curve. Farmer’s markets are a good place to start. The growers who bring their goods to market are all too happy to give advice when asked. I’ve been invited on private farm tours just from having conversations week after week. It’s a true pleasure and a privilege, and the knowledge I gain is invaluable.

In my experience, farmers will also feed you lunch. Don’t underestimate the power of Google or YouTube, either, for mining some additional garden smarts. Attend workshops presented by your county extension service, which is backed by the educational resources of the University of Florida. The library is also a great wellspring of rainy day garden inspiration.

Dirt is not cheap The author and her husband in their front yard.

Photo by Millisa Bell The Unruly Gardener

They’ve also seen plenty of stupidity. If you garden, you’ll make mistakes. If you want to keep gardening, you’ll learn to laugh at yourself where in other aspects of your life you may have to take yourself more seriously. A friend calls what I do “dirt yoga,” because a long morning of pulling weeds is enough to unravel a week’s worth of deadline stress.

South Florida doesn’t have much going in terms of soil. You’ll pretty much have to buy it or make your own. If you begin composting your kitchen scraps, you’ll minimize your food waste while engaging in a most satisfying cycle of food begetting food. Manure is another great amendment, and a friend with a horse is a friend indeed. Rabbit is like pelletized horse manure—you just need more of it. Worm castings are like black gold. You can buy these or learn to farm your own (Google “vermiculture.”).

Between the compost and manure you’ve got yourself some nice dirt to get started.

Just make sure it has good drainage to prevent root rot.

A good organic fertilizer can noticeably increase plant health, especially one containing beneficial microbes, as can such additives as kelp powder or fish emulsion. The harmful varieties of nematodes – teeny, tiny monsters who can ravage your best intentions—don’t do well in rich organic material, but they thrive in the sandy stuff that we have to build on in these parts.

Till it up, amend, top it off, plant your seedlings, and add a nice organic mulch to retain water, especially in the dry season. Or stick with containers. I find certain things do better in pots— it’s easier to control the conditions, and it’s nice to be able to move them around when I change my mind. Which happens.

A lot.

Beauty is functional

Look into volume-reducing irrigation to save on water and cost, or consider catching your own rainwater during the rainy season. Paint some flowers on your

rain barrel, and it will be equally eye catching. Just as much as an overflowing cornucopia of fruits, beautification of your property is a tangible benefit. It’s also a means to an end. Plant flowers between your rows to draw pollinators like honeybees and fascinating native solitary bees in metallic green and blue hues. Pollinators will increase your yields and, provided you’re not planting hybrid cultivars, help you produce seed for saving. Marigolds and our native periwinkles can be strategically placed to repel harmful nematodes. Having pretty things will make you want to go out and enjoy what you’ve created. It’s a positive feedback loop that can be most fruitful.

Love bugs The more you do, the more you’ll discover your role in creating an entire ecosystem. Learn to recognize the various life stages of beneficial insects like ladybugs, who munch on destructive aphids. Even certain wasps will prove valuable, as they parasitize such garden meanies as the hornworm, which would

love nothing better than to destroy your prized tomatoes.

And Carrots Love Tomatoes! It’s true, and it’s also the name of one of many books to help you discover the secrets of companion planting. It’s helpful to plant things together that enjoy the same amount of sun and water, but certain plants also add nutrients to the soil to help others who need those exact nutrients. They can contain compounds that repel a neighbor plant’s prime pest bug. Some herbs will improve the flavor of their companion plant. Certain cover crops can be grown during the rainy season to condition the soil, prevent erosion and be tilled under as “green manure.”

Food, beauty, relaxation and sharing with neighbors—it’s all worth the dirt under my fingernails.

What have you got growing? Send pics, garden tips, comments or questions to sara@conricpr.com. RG

4280 CLEVELAND AVENUE, FORT MYERS, FL 33901 | 2392770005 | www.GARVINLEGAL.com April 2015 | RES GESTAE

19

By Sara Fitzpatrick Comito

Kate English’s family has been in the area so long, many of our streets, schools and buildings bear the names of her relatives. Indeed, Hendry County is named after her greatgrandmother’s brother, Captain Francis Asbury Hendry, the so-called “cattle king of South Florida.”

While the Pavese Law Firm attorney is proud of her rich and storied heritage, parts of it make more sense to hold onto than others. A mess of swamp cabbage can usually be found in her freezer. However, she said, “I still have my grandmother’s handwritten recipe for gopher tortoise stew. It was an animal that was available when other food sources weren’t. I’m pretty sure I’d be in pretty big trouble if I ever used it.”

Food security is less of an issue today, not only for English and her kin, but for a majority of Americans, and we ultimately have a farmer to thank. Having grown up on a 25,000-acre citrus grove, English dedicates much of her practice to the often complicated, multidisciplinary and fascinating practice of agricultural law. She was even recently appointed to the Advisory Committee on Environmental Regulations for the American Farm Bureau Federation, in which capacity she helps develop and advocate for policy positions with elected members of Congress. In her practice and her regulatory work, she’s motivated to help those who feed the country to safeguard their livelihoods while 20

RES GESTAE | April 2015

maintaining compliance with the law.

English suffers no lack of variety in her job, which on any given day may have her drawing from various practice areas to help farmers deal with asset liquidation events, obtain and maintain the necessary permits from the South Florida Water Management District, establish compliance with nutrient control issues, perform due diligence in preparation for the purchase of new property, procure appropriate use

State Archives of Florida, Florida Memory, http://floridamemory.com/items/show/31179

Top left photo: Kate English Top right photo: Picking fruit in John C. English seedling grove - Alva, Florida, Between 1890 and 1910. Sampson English (left) was grove foreman for the Owanita Citrus Association.

Bottom photo: carving of an alligator given to Kate by a member of the Independent Traditional Seminole tribe.

permits for environmental easements designated under the U.S. Department of Agriculture’s Wetland Reserve Program or navigate the sometimes seemingly whimsical activities of the U.S. Army Corps of Engineers. With all the complexity, investment of human emotion, diversity of regulatory bodies, competing interests and sometimes lack of legislative clarity, English notes a common theme. “Most of my cases require a fair amount of creativity,” she said, laughing at the degree of understatement.

Consider the “little code enforcement problem” that came her way as a very young lawyer just two years out of law school—with the hearing scheduled for the next day. The family of a property owner in Collier County had maintained a 100-year-plus relationship with a family from the Independent Traditional Seminole Nation. Having refused to be displaced to Oklahoma, the patriarch of the family came to the patriarch of the farming family and asked if he could stay on his land to live and raise his children. The farmer replied, “As long as we own land, you have land.” The Seminole family stayed on an isolated, protected piece of the property that wasn’t usable for farming and built a Traditional Seminole Indian village

8 emory.com/items/show/18

ida Memory, http://floridam

Flor State Archives of Florida,

consisting of a main chickee for cooking and gathering, and smaller chickees to serve as living quarters.

One day the gate was left open, and a Collier County code enforcement officer let himself onto the land and cited the property owner for having unpermitted structures. By the time English received the plea for help, the situation had been spinning out of control for quite some time. Now-Judge Ramiro Mañalich was the County Attorney assigned to the case, and he granted English

a continuance for a month, a gift of time she characterizes as generous and reasonable. She first advised the property owner to convey the land to the Seminole family, “and they explained to me that they could not own the land any State Archives of FL, FL Memory, http://floridamemory.com/items/sh ow/189 more than I could own my mother,” English recalled. Ultimately, a land use solution became available, with Collier County filing a small-scale comprehensive plan amendment that changed the property’s land use designation from agriculture to historical and archaeologically significant, thereby exempting the structures from the building code. The Seminoles agreed to a health and safety inspection. “As long as it wasn’t a ‘code enforcement inspection,’ they would agree to it,” English explained.

All told, the case took more than a year to resolve, and the young lawyer’s creative powers were sorely tested. “It was the first time I had really been exposed to their culture, as well, and every time I tried to come up with a solution, I really felt very stymied between the rules, the landowner and the tribe that I was dealing with, but in the end we worked it out and they still live on that property today for a dollar a year.”

In an impressive show of self-determination the Seminole family requested and received a resolution from the United Nations Indigenous People’s Congress asking Collier County not to engage in code enforcement.

Through the experience, English said she learned three things, which serve her and her clients today: “One is you never know where assistance is going to come from. Two is the solution that you think is perfect isn’t. And three: never foreclose on opportunity for an alternative resolution.”

There were at least as many areas of the law that went into this very complicated case that, initially, at least, presented as a code enforcement case against a farmer: land use, Federal law regarding Indian territory, religious freedom…. It played out Top right pjhoto: Kate English Solomon, Mary Jane Hendry Blount, Ida Blount English, John C. English, Jeanette Fichter Left photo: Family at the English Home, 1915. Top row - Mary Stebbins Philips.

Second row - Hugh Sampson English, Archibald English, Flora English Watkins, John Cornelius English, Glen Summer, Elizabeth Fichter, James Daniel English.

Third row - Jeannette English Fichter, Ida Blount English, Katherine English Solomon.

April 2015 | RES GESTAE

21

he commented on how powerful she appeared from the waist up, but from where he was seated, he could see the back of her skirt trembling. “And he said that’s when I knew you needed the alligator so you remembered to be strong and brave.”

Bravery hasn’t been much of a problem since. Just ask her uncle Jim, who had some trees removed and killed by the Corps of Engineers. In a recent piece by local storyteller Amy Bennett Williams in the News Press, he was quoted as saying, “My niece is an attorney, and she started in on ’em and we’ve got permission to plant them back.” Bravery seems to run in the family, though, and persistence—as well as a knack for storytelling that seems endemic to local folks with deep roots.

31177 how/ ms/s m/ite “Where my family first came to in Southwest Florida,” ry.co emo ida Memory, http://floridam State Archives of Florida, Flor English explained, “they came down in wagon trains from Tallahassee, and where they first settled, they were flooded on a local, state and federal level. The famed Holland & Knight out. We don’t have any family heirlooms from the time before law firm, which secured the Rosewood Massacre settlement, they moved to Southwest Florida because they were destroyed got involved to represent the Seminole family. in a flood. They went to an Indian mound, and they survived During the process, English received a call from a newspaper by eating what swam to the Indian mound to get out of the in Sydney, Australia, and the reporter said, “We understand water over two weeks. When the water went down, great you’re having trouble with your abos,” to which English replied, grandma English, that’s Margaret McDougall English, actually “Actually, no, I’m not having trouble with my aborigines, I’m went and built her house behind the high water mark in Alva. having trouble with Collier County government.”

When you look at the house on English lane, they’ve covered For all the international attention, the over the walls, but the drama was intensely personal to English. kitchen has the walls of “What I found ironic about it was the the original log cabin Seminoles’ homes were certainly at risk. that was there.”

But the thing about code enforcement is it Florida policy has runs with the land. The farmer who was come a long way in on the hook for the fines had millions its thinking about the of dollars of farmland in Collier County relationship between that could have been attached and levied human activities and the had we actually gotten to a fine. He could natural environment. have lost his entire investment based on For instance, English that.” To trust this young lawyer with reminds us that the his case, English said the man made an state once viewed water “extraordinary leap of faith,” one that she State Archives of Florida, Florida Memo ry, http://floridamemory.com/items/show as a common enemy. /191 is grateful for to this day.

She also asserts it’s the In her office is a woodcarving of an alligator. “It reminds newcomers to the region who complain about changes. To the me to be brave,” she said. The first time she was making an farmers, ranchers and settlers who first braved the conditions argument in front of a Collier County Code Enforcement to put down roots, change is all part of the deal. And while board, a tribe member named Bobby Billie seated in the nobody has to eat swamp cabbage anymore, it’s a tasty way to rear of the room carved it for her with his pocketknife out hold onto the history of one’s ancestors who first thought to of a Cypress stick (these were the days before 9/11). She eat the stuff. RG was nervous, and her knees were shaking. He said, “You Top photo: English family home - Alva, Florida - built ca. 1878. The back view understood and you were communicating so clearly why what shows the addition to the original log house. Margaret McDougall English stands they were telling you weren’t the facts we were dealing with, in the center and Katherine English Solomon stands to the left. Middle photo: The and you were explaining how our families – the farmer and Margaret "Grandma" English family - Alva, Florida, 1902. Middle row - Zonie we – have had this relationship for a very long time but we English, Katie English, Perry English, Katherine E. Solomon, Margaret English don’t own each other, we’re not in charge of each other. It’s not (Grandma), Jeanette E. Fichter, Flora English, Mary Stebbins. Back row - A. J. English, Ida English holding J. Daniel, John C. English, Captain J. B. McKinley, a parent/child relationship, it’s a friendship that’s existed for a Peter Fichter with James N., Hugh Sampson English. Bottom row - Maurice very, very long time.” She felt gratified by his words, and then English, Henry Fichter, Elizabeth Fichter, Margaret Fichter, Colin English.

22

RES GESTAE | April 2015

Legal Lens

John Sheppard, D. Hugh Kinsey, Jr., Jess Levins

Presidents of the LCBA Amanda Levy-Reis, Miesha Phelps

Event Title LCBA Luncheon Veni culpari solupti dolo ea and Professionalism Panel CLE voluptiam que conet voluptaspit membership luncheon to honor imus.presidents, Ceperor ibuscil maximus, past with CROW as officthe tempele stiusdam inctis featured nonprofit. eseque pro quae velligendi de cusdamenis ommolup

James Robinson, Sharon Brotherton

Anne Dalton, Judge Kathy Sturgis

Terry Lenick, Chuck Roberts

Judge Archie Hayward, Alina Gonzalez, Che Diaz John Lewis, Greg Blurton

Andrew Epstein, Michael Randolph

Henry Lee Paul, Marcy Shaw, John Agnew, Judge Kathy Sturgis Photo Credit: Jim Jett Highlighted Charity: CROW

John Potanovic Jr., Luis Rivera April 2015 | RES GESTAE

23

Legal Lens

Jamie Lampitt with Darlene, Kevin and Kara Jursinski Mike and Janet hagen

Bench/Bar Dinner

Julie Sturgeon, Dan Endrizal

The Bench/Bar Dinner was a tremendous success with great food, glorious weather and socializing between new and old friends.

Salvatore and Elizabeth Russo

Karla Campos-Andersen, Noelle Branning

Steve Koeppel, Michelle Rygiel, Michelle Krone, Ted Tripp

John Agnew, Suzanne Boy, Judge Nick and Chené Thompson

Judges Meg & Mark Steinbeck Photo Credit: Jim Jett

Judge john Steele, Michelle and Bill Berke

Lee MacPeek, Sawyer Smith, Ryan Doyle, Gerry Olivo

24

RES GESTAE | April 2015

Legal Lens

Councilwoman Teresa Watkins-Brown, Ginny and Mayor Randy Henderson, Beverly and Judge Joe Fuller

Jeffrey and Bobbi Rice, Judge Carol Mirando

Thank You to Our Sponsors Henderson, Franklin, Starnes & Holt, PA Cole, Scott & Kissane IBERIA Bank Associates and Bruce L. Scheiner, PA CopyLady Investors’ Security Trust David Anthony Insurance Schlager, Schlager & Levin

Janet Hagen and Lilly Dryden

Dan Detrick, Cynthia Duff

Greg MacDougall, Erica DiAngelo

Judge Frank Porter, Judge Lisa Porter

Judge Mike and Liane McHugh, Judge H. Andrew Swett

Rick and Magistrate Carolyn Swift

Blaze Douglas, Anais and PJ Bimonte, Shannon And George Gift

April 2015 | RES GESTAE

25

Probate/Guardianships · Estate · Trust Litigation All calls returned the same business day · Referrals Welcome All costs advanced for Estates & Guardianships referred for Personal Injury & Wrongful Death cases

KUHN LAW FIRM, P.A.

239-333-4LAW (4529) FREE CONSULTATION

Scott A. Kuhn Attorney, Mediator, Arbitrator

6720 Winkler Road · Fort Myers, FL 33919 · www.KuhnLegal.com

CRIMINAL DEFENSE

SCOTT T. MOOREY

Don’t Litigate...Mediate Mediation & Arbitration

Personal Injury • Wrongful Death Commercial Litigation

275-5552 Ron Buschbom

1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com

26

RES GESTAE | April 2015

Member of Florida Bar & Lee County Bar Certified Circuit Court Mediator Qualified Court Appointed Arbitrator 35 years of invaluable experience Convenient Online Scheduling No Charge for Prep or Travel

P: (239) 437-4860 C: (239) 298-1367 Ron@Buschbom-Mediations.com

Buschbom-Mediations.com

The Dish

I own a T-shrit that reads “hedonist” in big capital block letters. I tell you this by way of disclaimer. I could have lived a peaceful life not knowing the kind of wicked goings-on in the kitchen of Sweet Melissa’s Café on Sanibel. Now I am a ruined woman.

If, like me, you scoff at the wisdom to eat to live, not the other way around, you’ll find yourself in good company at this cozy restaurant on Periwinkle Way on Sanibel Island. Make reservations, especially during season. Planning my trip from Fort Myers a couple days in advance, I had to settle for a laterthan-desired seating on a Thursday night. Unbeknownst to this naturalized local, it was time for the 78th Annual Sanibel Shell Show, or as an islander friend called it, “Shellmageddon.”

It gave me a chance to chill out on the causeway for a bit, watch the full moon rise and get hungry.

When I first heard of Sweet Melissa’s, it was while writing a piece for the Naples Daily News in advance of the first Restaurant Week in Lee County, held in 2012. A newcomer on the dining scene, Sweet Melissa’s hosted one of many “Culinary Excursions,” this one featuring Washington D.C. chef and National Geographic fellow Barton Seaver.

Having just authored his book, “For Cod and Country,” Seaver conversed with diners about sustainable fisheries management

while Melissa Talmage (pictured above), executive chef of her eponymous restaurant, whipped out four courses for the wine dinner from her open kitchen. As the cobbler’s children often run around with no shoes, the freelancer doesn’t always get dinner.

So I more than made up for it when the maître d’ finally led me to my table. Yes, Melissa has a way with seafood. Five roasted oysters were lovingly adorned with crisp bacon, spinach and a Creole cream sauce. They were sweet, minerally, juicy and positively slurpable out of the shell. Five oysters for two people will test your relationship. Consider it a teambuilding exercise.

If you’re a long-time reader of this column, you’ll already know my favorite way to dine is with an assortment of small plates for the table to share. Sweet Melissa’s offers a small plate menu, but also offers petite options on its entrees. The wait staff is trained to ask in what order you’d like to receive your courses, and the timing was impeccable. We enjoyed a bottle of the 2011 Annabella merlot, which was food-friendly and versatile enough to go with everything, and enjoyed a wonderful warm sourdough loaf with a delightfully herbaceous olive oil in between courses.

April 2015 | RES GESTAE

27

The Dish Next up were the veal sweetbreads. I have limited experience with organ meats, but Mr. Comito once worked as garde manger (pantry chef) at the fabled Peter’s La Cuisine, and so I believe it when he says this was an outstanding first foray into thymus gland.

You did catch the disclaimer earlier? Well, my goodness. Slightly crisp on the outside, creamy on the inside, served on a roasted turnip puree with Brussels sprouts and apples… the angels sang. Or wept.

Probably both.

A third course of seared duck breast followed that act handily. It was served sliced to reveal the deeply pink interior and tender enough to cut with a fork. A bed of fried rice was interspersed with shredded duck confit (duck leg slowly simmered in its own fat until falling apart) and shitake mushroom, which provided a heady sense of umami. A misopassion fruit puree was the perfect counterpoint.

To wrap up our courses, we chose an heirloom tomato shortcake. Halved cherry-sized tomatoes in hues of green, yellow, purple and pink were served between two homemade buttermilk biscuits that had the chew of a nice scone, and

Get the legal advertising service you deserve

dolloped with a savory tarragon cream.

Sanibel islanders may sometimes long for the days of the ferry. It’s comforting to know that it’s only a bridge and a sixdollar toll that separates this hedonist from an incomparable dining experience. But I do remember when it was only three dollars. Times change, but I hope Sweet Melissa’s keeps up her devious ways. You can keep your shells. I’ll take the scallops seared. RG

Sweet Melissa’s Cafe 1625 Periwinkle Way, Sanibel (239) 472-1956 www.sweetmelissascafe.com Lunch Monday–Friday 11:30am to 2:30pm Dinner Monday–Saturday 5:00pm to Close Closed Sundays

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.

Take a break from the Ordinary

www.businessobserverfl.com

Publish your legal notice with the Business Observer • Coverage in 9 Counties: Sarasota, Manatee, Lee, Collier, Hillsborough, Pasco, Pinellas,Charlotte and Orange • Low, Competitive Flat Rates • Superior Customer Service • Online Verification • Electronic Invoicing and E-filing Capabilities • Qualified Legal Status

Bar Member SPECIAL

Limited -Time Offer: Complimentary 13- week trial subscription available.

Bar members only.

Try the Extraordinary 239-332-2065

Call 877.231.8834 or email subscriptions@businessobserverfl.com today and mention special code QO13LBA.

Lunch Mon - Fri Dinner Mon - Sat Closed Sunday Valet Service at Dinner

Call 941-906-9386 or email legal@businessobserverfl.com today!

28

RES GESTAE | April 2015

LV8612

Reservations Recommended

Extraordinary Since 1978

Downtown Fort Myers River District www.verandarestaurant.com

Happy Hour 5:00 pm – 7:00 pm Thursday - Saturday Live Music • Art and Music Walk • Great Roof Top Bar www.hotelindigo.com/fortmyerss • Phone 239-337-3446

Hotel Indigo Downtown River District • 2115 Main Street • Fort Myers, FL 33901

Call for Submissions LCBA Summer Poetry Contest Craig I. Astrin Attorney at Law Christopher E. Hewitt Hewitt Law Firm, PA Paul Thomas State Attorney's Office

“Both poetry and law are acquired tastes, all the more surprising, to have such tastes acquired by a single person,” wrote West Virginia University College of Law Professor James R. Elkins, editor of the anthology Lawyer Poets and That World We Call Law. April is National Poetry Month! We know that some members put pen to paper for more than legal briefs. We also know lawyers are competitive, so the LCBA is holding a poetry contest. If you’ll need a little warming up for the task, we’ll give you a long deadline. Perhaps your summer travels will inspire some original verse. Poems will be judged by the Young Lawyers Division, and the winner’s poem published in Res Gestae.

Send an original poem on any topic and in any style, of less than 40 lines, to resgestae@ leebar.org by August 31, 2015. Poems will be judged for originality, expression and writing skill. Send us your verse!

April 2015 | RES GESTAE

29

Community Connection

by Sara Fitzpatrick Comito

The old “Think globally, act locally” slogan may for the most part have been consigned to the dustbin of trite hippy-dippy catch phrases. For 30 years, however, ECHO has been putting its money where its mouth is—or more precisely, where the world’s mouth is—and we in Southwest Florida reap much that it sows. The acronym stands for Educational Concerns for Hunger Organization, and this non-profit provides education, technical resources, research, seeds and volunteers to enhance the agency of people around the world to feed themselves in a variety of climates and conditions. Right here at home, it provides inspiration for the garden hobbyist, philanthropist, chef and community activist alike.

According to recent estimates by the Food and Agriculture Organization of the United Nations, more than 805 million people continue to go hungry, with approximately two billion suffering the effects of micronutrient deficiency. Aside from the obvious humanitarian crisis, a chronic shortage of essential vitamins and minerals for this frighteningly large percentage of the world’s total, and exponentially growing population, wreaks havoc on the economic health of nations.

The mission of ECHO is guided by the Christian principle of loving one’s neighbor, but it’s no leap of faith to appreciate the inherent good of enhancing food security in the world.

Another oft-referenced aphorism is “Give a man a fish and he’ll eat for a day. Teach a man to fish and he’ll eat for the rest of his life.” It’s been attributed to various ancient Chinese

30

RES GESTAE | April 2015

thinkers, who predated Christ by a lot of years. There’s nothing trite about this one, and it is the underlying wisdom of ECHO’s work. If Confucius (or Lao Tzu, Laozi or Guan Zhong) were alive today and hungry, they’d find help from ECHO’s people in the field. "There's no discrimination as to who we work with," CEO and President Stan Doerr said. "Hunger has no boundaries. ECHO and its partners are conduits to get the human, intellectual and financial resources that God has provided to the poor.”

Closer to home, Southwest Florida residents and visitors have a unique opportunity to discover the reach and resources of this organization first hand. Perhaps you’ve already visited ECHO’s nursery and Global Farm at its headquarters, located off Bayshore Road in Fort Myers.

If not, consider a weekend outing to take the walking tour of the demonstration gardens. You’ll find out how to grow food from plants that do well in our particular climate, taste a leaf of vitamin C-rich cranberry hibiscus, discover how ducks and tilapia help each other, find out how to garden in a very limited space, learn about the miracle that is the moringa tree and appreciate our rich, fertile and temperamental environment with new eyes.

For those less blessed by their climate or economy, ECHO works to promote sustainable farming techniques that produce the most nutritional bang for buck in otherwise barren landscapes and affordable, easy to build technologies that make life easier and better.

Doerr said, "There is a reason that, each and every month, 12,000 to 15,000 people all over the world access ECHOcommunity.org for technical resources. They are dealing with chronic hunger and are desperate for something that can make a difference in their communities. ECHO provides valid, verified options for small-scale farmers to radically increase their yield on the land that they have, which results in better nutrition for children, better income for families, and more food security for the entire community."

ECHO partners with other NGOs, academic institutions and charities to work with small-holder family farms, but it also instructs and serves in Lee County. The public tour

Community Connection

demonstrates what can be grown in suburban and urban areas. Did you know you can grow leafy greens on a bed of carpet? Students, from elementary to college level, expand their worldview with group tours of the Global Farm, and gain an appreciation for sustainable agriculture and the problem of worldwide hunger. Lee County Bar Association members will enjoy a trip to the nursery to see one of the largest collections of edible plants in North America and talking with interns who have travelled to learn at this modern Garden of Eden.

Have you ever dreamed of creating a community garden in your neighborhood?

ECHO can offer consulting services. Another real benefit to our community: ECHO donates 10 percent of the produce it grows to a local food bank.

There are many ways to help support ECHO’s mission of

feeding the world. Financial gifts go a long way since ECHO trainees are taught to save their own seeds when a crop produces a good harvest. ECHO has International Offices and Teams strategically placed in Southeast Asia, East Africa, West Africa, Central America and the Caribbean to reduce travel costs and bring workshops and conferences to regions where they are most needed. For ECHO’s stewardship of financial resources, Charity Navigator has rated it the number-one International Charity in the state of Florida. Visit echonet.org for information. RG Left photo: Brad Ward exchanging with participants during aTropical Agricultural Development course at ECHO about composting and vermiculture.

Middle photo: Urban garden.

Right photo: fruits and vegetables for sale at the Market Garden.

SUMMER TRIAL GOLF MEMBERSHIPS NOW AVAILABLE A trial membership is a smart – and affordable – way to sample the outstanding recreational, dining and leisure amenities at Estero Country Club at The Vines.

Contact Colleen Sowerby at 239-267-7000 or memberships@esterocc.com.

W

edBea din uti g Vful en

ue

19501 Vintage Trace Circle | Village of Estero, Florida 33967 | www.esterocc.com

April 2015 | RES GESTAE

31

On the Bench Hon. Carol Mirando When United States Magistrate Judge Carol Mirando was sworn in to the Fort Myers Division of Florida’s Middle District in January of last year, she knew she’d have a full docket. Thirtyfive of the state’s 67 counties are included in the district, with six counties in the Fort Myers Division. Judge Mirando has a deeply ingrained habit of squeezing the most out of her days.

She worked toward her bachelor’s and master’s degrees full time at night while serving as a market research manager for American silversmith manufacturer Reed & Barton, and then in a similar capacity for The Miami Herald.

“There is certainly a benefit to lawyers to have sales and marketing experience,” she confirmed, although she had more of an interest in the analytical aspect than in sales. That proclivity served her well when she had the opportunity to go to Stetson University College of Law full time and became the Editor in Chief of the law review.

The judge, who most recently served as Assistant General Counsel in the City of Jacksonville’s Office of General Counsel, acknowledges she puts a lot of pressure on herself. Her professional drive, in combination with her background as a trained mediator, has gained her a reputation for moving cases through the busy court. She also serves as a judicial advisor to the newly formed Southwest Florida Federal Court Bar Association, where she will impart valuable knowledge based on her more than 20 years of federal experience and having recently served as President of the Jacksonville Chapter of the Federal Bar Association. Right out of law school, she served as law clerks to both the Eleventh Circuit Court of Appeals and U.S. District Court, which sparked her passion for federal practice.

Of all the duties she performs, Judge Mirando finds presiding over naturalization ceremonies most rewarding, and recommends everyone attend at least one. Both of the judge’s great-grandfathers were naturalized citizens. “When you see how appreciative people are to become United States citizens, it gives you a whole new perspective on life,” she said. When not on the bench, she serves as a lector at St. Cecilia’s Church, golfs, pilots small airplanes and spends time with her elderly mother.

SENSE-ible Marketing Strategies with Results you can...

Touch

Spada Salon & Day Spa

Taste

Fathoms Restaurant & Bar

See

Amy Sedlacek @ Shop for Success

Hear

Magic Johnson @ Quality Life Center

Smell

The French Press

Conric. Marketing that makes sense.

239.690.9840 32

RES GESTAE | April 2015

ConricPR.com

Depositions Trials & Hearings

Mediations / Arbitrations

TRY OUR ONLINE REPOSITORY

THAT HOUSES ALL OF YOUR TRANSCRIPTS, EXHIBITS, WORD INDEXES, CONDENSED TRANSCRIPTS, INVOICES AND MORE FOR YOUR EASY ACCESS IN TEXT OR PDF FORMAT AT NO EXTRA CHARGE. HARD COPIES STILL AVAILABLE, OF COURSE Downtown Fort Myers—2271 McGregor Boulevard, 2d Floor, Fort Myers, FL 33901 South Fort Myers — 13241 University Drive, Suite 104, Fort Myers, FL 33907

North Naples — 5621 Strand Boulevard, Suite 201, Naples, FL 34110 Punta Gorda — 315 E. Olympia Avenue, Suite 221, Punta Gorda, FL 33950 PHONE: 239-332-7443

WWW.VONAHNASSOCIATES.COM

Best Nurses Award 2012 & 2013

FAX: 239-332-4066

Mediation of Insurance Coverage and Extra Contractual Matters Anywhere in Florida

RNs/LPNs/CNAs/HHAs are available 24/7 to you, your family and your clients.

Geoffrey H. Gentile, Esq. is available statewide to assist parties in cases where insurance coverage questions or issues of insurance good faith are the key to resolution.

Fort Myers / Naples 1st Home Health Agency Geoffrey H. Gentile, Esq.

• No Assessment Fee. • State Licensed and Insured.

• Long Term Insurance Accepted.

• All Employees Tested for Competency, Fully Screened, and Supervised by an RN.

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

Dial-a-Nurse® of Fort Myers

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

Dial-a-Nurse® of Naples

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

www.dialanurse.com

Statewide Experience: • Claims attorney, worked in claims dept of major carrier • In-house trial counsel for two carriers • Private firm insurance defense counsel, personal injury and property damage claims • Represented claimants in personal injury cases • Represented business and individuals in insurance coverage cases: commercial and personal lines • Represented both insurance companies and claimants in extra-contractual insurance matters 2050 McGregor Boulevard Fort Myers, FL 33901 239-337-1303

BoyleGentilelaw.com April 2015 | RES GESTAE

33

A FULL-SERVICE LAW FIRM SINCE 1924

With sensitive legal malpractice claims and grievance matters, we are the “lawyer’s lawyer.”

Michael J. Corso Shareholder

Traci T. McKee Shareholder

HENDERSON FRANKLIN’S EXPERIENCE IN THE LEGAL MALPRACTICE DEFENSE FIELD enables us to confidently and competently defend Florida lawyers exposed to liability claims and disciplinary matters, including: • Professional Negligence

• Florida Bar Complaint Responses

• Breach of Fiduciary Duty • Grievance Committee Hearings • Conflict of Interest

• Referee proceedings

• Fraud

• Mediations of disciplinary proceedings

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples*

©2015 Henderson Franklin Starnes & Holt, P.A.

34

RES GESTAE | April 2015

* By appointment only

the Lee County Bar Association’s

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. Levins & Associates, LLC 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.

From the Bar Denise Kennedy, Esq. In 2004, 20 years after beginning her civil trial practice and 10 years after obtaining her Board Certification in Civil Trial Practice, Denise Kennedy decided to devote her practice entirely to ADR. Recognizing a growing respect and need for alternative dispute resolution, Kennedy obtained her Florida Supreme Court Certification as a Civil Circuit Mediator in 1995 and has since mediated more than 4,000 cases. As a mediator, she is able to remain engaged in the legal profession without having to take an adversarial role on behalf of a client.

As a litigator, Kennedy gained experience that is invaluable to her mediation skills. “I understand how the laws and a jurors’ perception of the evidence might affect someone’s claim and I can discuss those issues with the parties so that they can make an informed decision about how to proceed,” she said. There are no guarantees in the law and mediation allows the parties to gain insight and information about possible outcomes they may otherwise not know existed. The end result is an educated choice that the parties have made. To Kennedy, mediation represents the freedom for parties involved in a dispute to decide how a case will end, whereas at trial, the decision falls to a jury or judge whose perception of the evidence could differ from that of the litigant.

A career highlight for Kennedy as a litigator includes her successful appeal of a jury trial verdict that found her client negligent in a car accident. “I was so passionate about the unjust outcome that I wrote the appellate brief myself and argued the case before the appellate court.” The lower trial court verdict was overturned in her client’s favor. She considers the case an incredible learning experience that gave her invaluable information to use in the future Kennedy developed her career goals at the age of 16, when she worked at Legal Aid Society in Fort Myers after school. She attended Nova Law Center in Fort Lauderdale and practiced on the East Coast of Florida until 1989. She returned to her hometown of Fort Myers when her father became ill. She and her husband stayed in Fort Myers to raise their twins near her brother and mom.

EXPERIENCED. CONFIDENT. AGGRESSIVE. Attorney Katheryn Calvo

Board Certified Criminal Trial Lawyer

Attorney Jose Calvo Former Prosecutor

Criminal & DUI Defense

Family Law & Divorce Representation Se Habla Espanol

239.332.5501 www.calvolaw.com 1534 Jackson Street Fort Myers, FL 33901

April 2015 | RES GESTAE

35

From the Bar Joseph G. Viacava, Esq. Joe Viacava has never been accused of lacking passion. Dateline NBC’s Dennis Murphy called him “A pit-bull on cross-examination.” His clients, his family and playing his drums are the three areas into which he pours his seemingly endless energy. A big drum set in his home helps him keep a pulse on what he terms the beat to life that swings the rhythm to his practice. And the machine gun patter of his New York accent helps him “hammer the case and take out the people who need to be taken out.” According to the long-time criminal defense attorney, “My whole world moves to this steady and constant beat.”

For all his enthusiasm, he shies away from beating his own drum. When asked about the pit bull reference, Viacava guides the conversation toward his clients. Consider his new law office. Just a short walk from the courthouse, it was built from the ground up with his clients’ needs in mind.

Private parking and catered food service are among the thoughtful touches that characterize the McGregor Boulevard address, and a private library affords his clients a private, quiet place to work on their own case, rather than merely serving as a detached spectator. Viacava is even developing an encrypted program that will enable clients to access their own files, and grant them total access to their case file. The case file, after all, belongs to the client.

Among Viacava’s career highlights was his success at obtaining for his client one of the largest federal sentencing guideline courtordered departures in the history of the Middle District of Florida. As a result, his client received a probationary sentence, rather than the congressionally mandated guideline sentence of 35 years.

Viacava’s tenacity carries over to the long hours he puts in at the office. “I am very proud of that fact because it gives my clients what they deserve: the highest level of dedication to their cause, while not allowing them to be defined by the crime of which they have been accused,” he said. “The majority of our cases are just salt of the earth people who flat out need some help on a bad day.”

Leslea Ellis, LLC

Certified Public Accountant Certified Fraud Examiner

Let Us Draft A Plan For Equitable Distribution

www.LesleaEllis.com

6326 Presidential Ct Suite 2 Fort Myers, FL 33919

(239) 690-6500

36

RES GESTAE | April 2015

Legal Briefs Junior Achievement and LCBA host second Law Day Junior Achievement of SWFL hosted its second annual Law Day in conjunction with the LCBA on Feb. 13. Students interested in the study of the law enjoyed a glimpse into the inner workings of the Judicial Center and the Clerk's Office.

President Anne Dalton delivered opening remarks. Linda Doggett led a tour of the Lee County Clerk's Office. Students visited Judge Nick Thompson's courtroom where they observed certain juvenile proceedings. A tour of the jail followed, with an explanation of the booking process. The following legal professionals spoke about their areas of the law: Judges Elisabeth Adams and Josephine Gagliardi, Attorneys Renee Binns, Christina Harris Schwinn and Michael Rehab, Case Manager Myron Bancroft and ASA Francine Donoroumo.

JA SWFL’s Lee County Program Manager Lysa Kennedy organized the event with Renee Binns and Christina Harris Schwinn, and the help of all the LCBA's friends at the Jail, Judicial Center and Clerk's Office.

SWFL Federal Court Bar Association accepting members The newly formed Southwest Florida Federal Court Bar Association is currently accepting applications for membership. The purpose of the association is to strengthen federal practice in Southwest Florida by educating its members on issues pertinent to federal court, introducing colleagues to each other, fostering relationships between the judiciary and the Bar, and dispelling any uneasiness of practicing in federal court. The association Board thanks the Honorable Carol Mirando, U.S. Magistrate Judge, for guiding its efforts to organize the association. Judge Mirando will serve as one of the association’s judicial advisors.

Events planned in 2015 include a kick-off at the U.S. Courthouse in Fort Myers on April 24, chambers luncheons with our federal judges and member luncheons with speakers on topics of interest to federal practitioners. The Board will also send e-mail announcements to members on issues affecting federal practitioners.

Please contact Sharon Hanlon at shanlon@zelmanandhanlon.com or (239) 598-3222 if you have any questions.

Puzzled by Probate?

SM

During the emotional time of a loved one’s passing, it may seem overwhelming to deal with their estate.

Let our experienced attorneys help you put the pieces together.

• Probate & Probate Litigation • Estate Planning • Living Trusts • Last Will & Testament • Living Will/Healthcare Proxy/Power of Attorney • Asset Protection & Trust Formation

239-337-1147 www.KFJlaw.com

15701 S. Tamiami Trail Fort Myers, FL 33908

James W. McQuade, LL.M. Estate Planning

Kevin F. Jursinski, B.C.S. Florida Board Certified in Real Estate, Business & Construction Law

Kara M. Jursinski, LL.M. Real Estate Development

Protecting the Future of our Clients April 2015 | RES GESTAE

37

DONNA TISCH MED I AT I O N S • AR BIT R AT I ONS

“We take an Active Role...

We Never Give Up!” Full-Time

Certified Circuit Civil Mediator Qualified Arbitrator AV Rated ~ Board Certified Civil Trial Lawyer

Serving 20th and 12th Judicial Circuits plus Desoto, Hardee and Highlands Counties with no travel charge

Online Scheduling for Mediations and Arbitrations

DonnaTisch.com 239.826.3644

is of time the essence

when

10% Discount on Transcripts Ordered at Time of Deposition or Hearings / Trials • Two Convenient Locations In Ft. Myers • Standard Six-Day Transcript Delivery • Depositions, Hearings & Mediations • Courtsmart Transcription • Conference Rooms Available For Mediation • Realtime • Free Wireless Access • Videographers • Video Text Sync At No Charge • Interpreters Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts

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

38

RES GESTAE | April 2015

Has your client been arrested?

SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.

Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client.

All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney.

“Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office

JoeViacaVaLaw.com Main (239) 288-5969 • Cell (239) 410-8292 • Fax (239) 288-5572 Available 24/7 - “calls are put directly through to me, not an associate” Calls accepted ANYTIME from ANYPLACE TROUBLE may be found.

2036 McGregor Boulevard • Fort Myers, FL 33901

An

PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

w

“Local businesses deserve customized solutions.”

— Pam Edwards, Senior Vice President, Commercial Lending

Like Thomas Edison, we believe there is always “a better way.” That’s why we take a personal approach to serving business customers. Pam Edwards provides customized solutions based on 37 years of local banking experience.

Experience the benefits of joining Edison National Bank/Bank of the Islands.

Free Online Banking and Free Bill Pay Expanded ATM Network Residential Mortgage LoansLoans

Courier Services Cash Management Services Business Loans

Mobile Banking

An Equal Housing Lender • Member FDIC FDICNational Bank • Member BankEqual of theHousing Islands Lender is an office of Edison

For our convenient locations and services provided, please visit www.edisonnationalbank.com