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THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION AUGUST 2015

Historic Lee County

Courthouse Celebrating 100 years

TECHNOLOGY

Staying ahead of the curve

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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Contents

AD DIRECTORY

26 Postcard c1920s, courtesy of Lee Clerk of Court

Allied Business Solutions

Boyle, Gentile & Leonard, P.A.

Buchanan Ingersoll & Rooney

Business Observer

Calvo & Calvo Attorneys at Law

Dellutri Law Group

Denise Kennedy

Derfel Injury Law

Dial A Nurse Inc.

On The Cover: The Lee County Courthouse, registered in the "National Register of Historic Places" Cover Photo: Sara Fitzpatrick Comito

Edison National Bank

Fort Myers Court Reporting Garvin Law Firm Gregory Court Reporting Service

features 18 Echoes of Justice

J. Tom Smoot III Jason L. Gunter, P.A.

by Sara Comito Fitzpatrick

23 YLD mid-year review 24 Changes coming to online court records

by Linda Doggett, Lee County Clerk of Court

departments 6 Letter from the President

by Anne Dalton, Esq.

8 Letter from the Editor

by Beverly Grady, Esq.

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

13 LCBA Member-at-Large

Nominations

14 Solo & Small Practice

23 16 LCBA Constitution Week 22 Legal Lens

Social scene photos

26 Community Connection

Edison Sailing Center

28 The Dish

Buckingham Farms

31 On the Bench

Hon. Mary C. Evans

32 From the Bar

Kristalyn Loson, Esq.

33 From the Bar

16 Art Happenings

34 Legal Briefs

RES GESTAE | August 2015

25 31

Joe Viacava Law

IBC

Kim Patrick Hart,Donnelly & Gross

IFC

Kushner & Kushner Attorneys

Law Firm of Scott T. Moorey

Leonard P. Reina

Leslea Ellis, LLC

Levins & Associates, LLC

Livingston Loeffler, P.A.

Laurie Hannan-Anton, Esq. News and happenings

McHale, P.A.

Merit Court Reporting, Inc.

Musca Law Office, Inc.

Prime de Leon

Simon M. Harrison

Spivey Law Firm, P.A.

T 3 Communications

Veranda Restaurant

Von Ahn & Associates

30 100 Club

Section by Conor Foley, Esq.

by Lydia Black

7 15

Law Office of Kevin Jursinski & Associates 25

by Kimberly Davis Bocelli, Esq.

Henderson, Franklin, Starnes & Holt, P.A. 11

Celebrating 100 years of the historic Lee County Courthouse

Donna Tisch

Our advertisers support the LCBA. Please do your best to support them in return.

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Note from the President “I alone cannot change the world, but I can cast a stone across the water to create many ripples.” - Mother Theresa. After working with (but sometimes against) Russell Schropp for over 20 years, I can safely attest that he has, indeed, cast many stones across many waters and thereby created many, many ripples of knowledge. Over his 15 years of single-handedly (and uncomplainingly) chairing the LCBA’s Local Government and Land Use Practice Section, Russell has educated our local attorneys, planners, architects, engineers, government staffers, elected officials, and others on the nuances of government and land planning law on a realistic level. He has brought in challenging speakers, month after month, to discuss topics of great interest. Most importantly, Russell has carved an oasis of collegiality in Lee County’s professional society by combining pizza, salad, and great desserts with a liberal sprinkling of camaraderie and gentle ribbing of attendees at the monthly meetings. With Russell’s assistance, we have not only increased our nuts and bolts knowledge of land use and local government practice, but also have polished the principles of gracious conduct and ethical behavior, sometimes in the face of others’ blatant failure to adhere to the same high standards. Russell’s professional demeanor, personal modesty and gentlemanly way of practicing law exemplify the principles of the Lee County Bar’s 2015 Year of Professionalism and Ethics. To prevent this from sounding too much like a eulogy, let me hasten to add that Russell has told us that he must now devote more time to his new duties as Managing Stockholder of Henderson Franklin Starnes and Holt. Accordingly, our longest serving Practice Section Chair will soon be relinquishing his duties as Chair of the Land Use and Local Government Law Practice Section and passing the baton to Amanda Brock and Neysa Borkert. This transition marks another milestone for the Lee County Bar. Ms. Borkert’s acceptance of co-chair responsibilities is the first time that an attorney with the Lee County Attorney’s Office has been a Practice Section leader. Ms. Brock is a strong addition to the section as well. I hope you are all planning to attend Russell’s CLE presentation, “Down in the Dirt: Ethical Concerns in Land Use Matters”, a Quasi-Judicial and Peer Attorney CLE panel on August 21 from 11 am to noon at the Sydney and Berne Davis Arts Center. The Panel Members include the Honorable Donna Marie Collins, Chief Lee County Hearing Examiner; Richard William Wesch, Lee County Attorney; Beverly Grady, Fort Myers Partner-in-Charge of Roetzel and Andress; and Russell himself. It’s sure to be a lively event!

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 MEMBERSHIP Janette Smith, Esq. & Theresa Daniels, Esq. MOCK TRIAL Karla Campos-Andersen, Esq. PRO BONO Audrey M. Singleton, Esq. & Aaron Cilek, Esq. SOCIAL EVENTS John Webb, 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. FAMILY LAW Dustin Butler, Esq. & Ryan O’Halloran, Esq. GENERAL CIVIL & BUSINESS LITIGATION George Knott, Esq.. & Carlos Kelly, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. & Matthew Linde, Esq. SOLO AND SMALL PRACTICE SECTION Jason Gunter, Esq. & Conor Foley, Esq.

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

RES GESTAE | August 2015

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Letter from the Editor In this issue of Res Gestae, we celebrate 100 years of the 1915 Classic Revival Courthouse, which was added to the National Register of Historic Places in March 1989. This building is very special to many of us as our careers started as practicing attorneys. What stories it holds about our community! I started my practice of law in this courthouse as an Assistant County Attorney where it was just a short walk directly from the County Attorney’s office into the second floor back door of the “Old Lee County Courthouse.” The current East Room was Judge Shafer’s office and hearing chambers. The current Lee Room was the law library. The balcony in the current main Board of County Commissioners meeting room served originally as a balcony in the original Courthouse and then was converted into the second floor of the law library. After the judges and the legal system moved to the Justice Center across the street, my practice was still primarily connected to the Old Lee County Courthouse, which is now the home for the offices of the five County Commissioners and the meeting room of the Board of County Commissioners. As you are walking downtown to the Justice Center, take a few minutes to tour the Old Lee County Courthouse as it is worth reviewing the restorations, which have retained its beauty and grandeur inside and out. For many it will bring back memories from decades ago. In partnership with the Lee County Government, we are pleased to share some of the stories of Lee County leading up to the celebration of the Old Lee County Courthouse’s centennial. Another important event that we look forward to celebrating is the ratification of the U.S. Constitution. This September's celebration of the Constitution by the Lee County Bar Association is made possible by the leadership of Cochairs Jim O’Leary and Eviana Martin, who are organizing the presentations by our attorneys throughout the Lee County school system. Lee County Bar Association would like to support expansion of this program, which shares the fundamental rights of the Constitution with our youth. Would you be willing to be a part of this important endeavor in 2015 by meeting in the classroom? As always, we’re fortunate to have Henry Lee Paul, who this month provides helpful and meaningful insight in his regular Professionally Speaking article on avoiding conflict with clients on fee arrangements. Linda Doggett, Clerk of Courts, is sharing information on accessing court case files that may affect your practice. Kim Bocelli fills us in on all the great things happening in the Young Lawyers Division. Congratulations to her and the YLD on the recognition they received at the recent Volunteer Bar Leaders Conference for all their hard work and accomplishments so far this year. Please share issues or topics that you would like to see in Res Gestae. Beverly Grady, Esq. bgrady@ralaw.com | (239) 338-4207 8

RES GESTAE | August 2015

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. Conor Foley, Esq. Lydia Black Linda Doggett Kimberly Davis Bocelli, Esq. Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047

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.

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Calendar of Events

August 7

August 28

Pkwy.

6 p.m. at Hammond Stadium suites. Free for members and their families to attend. Enjoy a reception with hors d’oeuvres, and then root for the Miracle to overtake the Bradenton Marauders starting at 7:05. Sponsored by John Webb Legal Group, P.L.

YLD Meeting

LCBA Social with the Fort Noon at Blue Moon Pizza, 7381 College Myers Miracle

August 13

RPPTL Brown Bag

Judge McHugh’s Hearing Room, 4R. Topic: “Title Traps for Probate Lawyers.” Speaker: D. Hugh Kinsey,

August 20

Family Law Brown Bag

Noon in Courtroom 5C of the Lee County Justice Center.

August 21

Land Use & Governmental Law Section CLE

11 – 11:50 a.m. at Sidney & Berne Davis Art Center (1 Hr. Ethics application pending). $35 members, $60 nonmembers, includes Membership Lunch following CLE Program. Topic: “Down in the Dirt—Ethical Concerns in Land Use Matters.” Panelists include Donna Marie Collins, Richard Wm. Wesch, Beverly Grady and Russell Schropp.

LCBA Membership Meeting

Noon – 1:00 p.m. at Sidney & Berne Davis Art Center. Lunch without CLE $15 members, $25 non-members. Featuring an update from Linda Doggett, Clerk of the Court. Charity: The Edison Sailing Center. Sponsor: Buchanan, Ingersoll & Rooney, PC.

August 26

LCBA EC Meeting

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

September 4 YLD Meeting

Noon at Sasse’s, 3651 Evans Ave, #1, Fort Myers.

September 9

General Civil & Business Litigation Lunch Meeting

Noon in Courtroom 5E, Lee County Justice Center. Topic: “Business Court for the Twentieth Judicial Circuit.” Panelists include Hon. Elizabeth V. Krier, Hon. Michael T. McHugh, Kevin F. Jursinski, Doug Szabo and Kelly Geraghty Price. Moderated by George H. Knott. RSVP to Carlos Kelly or George Knott, Co-Chairs.

September 17

Quarterly After Hours Social 5:30 to 7:30 p.m., location TBD. Sponsored by Investors’ Security Trust. John Webb, Chair.

September 18

Appellate Law Practice CLE

11 to 11:50 a.m. at Sidney & Berne Davis Art Center (1 Hr. Ethics application pending). $35 members, $60 non-members. Includes membership lunch following the CLE program.

LCBA General Membership Meeting – Constitution Week Program Noon - 1 p.m. at Sidney & Berne Davis Art Center. Charity: Special Equestrians. Lunch without CLE $15 members, $25 non-members.

September 24

Land Use & Governmental Law Lunch Meeting

Noon at Lee County Public Works, 1500 Monroe Street, 1st FL Conf Room.

September 10

September 25

Noon in Judge McHugh’s Hearing Room, 4R, Lee County Justice Center. Topic: “Guardianship Legislative Changes and Unintended Consequences.” Speaker: Kenneth Edward Kemp, II.

7:30 a.m. at First Watch, 2059 Altamont Ave., Fort Myers. Topic: “Creative Fee Agreements for Solos and Small Firms.” FREE to LCBA members, $15 nonmembers.

RPPTL Brown Bag

Solo & Small Firm Practice Section Breakfast Meeting

September 14 – 18

September 30

Volunteers needed.

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

Constitution Week in Lee County Schools

LCBA EC Meeting

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

Thank You to our Annual Sponsors for 2015

RES GESTAE | August 2015

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Ethically Speaking

COMMON MISTAKES WITH FEE AGREEMENTS By Henry Lee Paul, Esq. It is for good reason that Rule 4-1.5 (Fees and Costs for Legal Services) is the longest rule. Mistakes in fee agreements can take many forms. In this article, I will address some of the most common issues involving problems with fee agreements. After years of experience in prosecuting and defending lawyers who have made mistakes in fee agreements, it is my observation that the most common cause of problems relates to a failure to respect a basic principle: it is the obligation of the lawyer to communicate the basis or rate of fee to a client. Although only contingent fees and nonrefundable retainers are required to be in writing, a written agreement is a best practice for the protection of the lawyer as well as the client. Many bar complaints have advanced because a lack of written confirmation of a fee agreement has created a credibility issue of conflicting testimony. Each practice area has unique problems that should be addressed. One common problem recurrent in criminal law and family law is lack of definition of the scope of representation. Although a lawyer may be aware of the customary scope of a particular representation, a client will often have no such knowledge. This issue is especially important in flat fee cases. Rule 4-1.5 provides that a fee may not be illegal, prohibited or clearly excessive. For those who advertise, you should be aware that a violation of the advertising or solicitation rules can be cause for violation of this provision and for the harsh remedy of disgorgement of a fee. If a personal injury fee agreement exceeds the fee schedule in the rule, it must be approved by the court, pursuant to Rule 4-1.5(f )(4)(B)(ii). Another area of problems can arise with “referral” of personal injury cases. The commonly used term of “referral” is a misnomer. The “referring” attorney must share responsibility for the case and must be fully disclosed to and approved by the client. If a “referral”

RES GESTAE | August 2015

amount is greater than 25% it must be approved by the court, pursuant to Rule 4-1.5(f )(4)(D). A “referral” from an out of state attorney must comply with Rule 4-5.5 (Unlicensed Practice of Law; Multijurisdictional Practice of Law). Rule 4-5.4 (Professional Independence of a Lawyer) prohibits lawyers from sharing fees with non-lawyers. This prohibition includes paying, directly or indirectly, for referrals. One of the best ways to defend against a claim of excessive fees is to keep time records and to keep a client informed of time spent or services provided. Lack of such documentation only adds credibility to a complaint about excessive fees. Although The Florida Bar is traditionally hesitant to involve itself in fee disputes, it does offer fee mediation and arbitration, which must be agreed to by lawyer and client. In many cases these options may keep a complaint out of the disciplinary system. Some lawyers now include fee arbitration provisions in agreements; however, unknown to many is Rule 4-1.5(i), which requires specific language in the rule to be included with a fee arbitration provision. The Florida Bar has sample fee agreements available under the Practice Resource Institute section of the website. 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.

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The LCBA announces Member-at-Large nominations are now open. A nomination form is available at leebar.org, and will also be delivered directly to your inbox by electronic newsletter. Please submit your nomination to info@leebar.org. You may nominate yourself or another person you believe would make a good leader for the organization. Pursuant to the LCBA Bylaws, there will be four Members-at-Large for 2016. • Each of the three Members-at-Large elected by the general membership will serve a twoyear term. • The fourth Member-at-Large will be appointed for a one-year term by the incoming LCBA President. Only LCBA members in good standing may nominate. It is important that your nomination form be signed. Nominations may also be made from the floor at the LCBA Membership Luncheon meetings in August and September.

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Solo & Small Firm Practice Section

STAYING AHEAD OF THE CURVE WITH TODAY'S TECHNOLOGY

By Conor Foley, Esq. In 2015, our legal community is utilizing more technology than any other year. Solo practicing attorneys and small law firms need to stay ahead of the curve in order to compete with larger firms who have a larger war chest to devote to tech. Here are 7 essential applications that every solo and small firm attorney should implement today to maximize productivity, mobility, and efficiency and level the playing field. 1. Cloud Based Practice Management Software – Scheduling, billing, tracking matter activity all in one place. There are two major players in this segment, Rocket Matter and Clio, and both are user-friendly options. The mobile apps that come with these programs allow users to input billable time, calendar events, review file notes, and more all from your smartphone. All information is synced through the cloud, so you can view the information on any device with an internet connection, and you can avoid a coronary embolism from worrying that your firm data will be lost in a fire or server crash. • We Recommend: Rocket Matter • Price: $59.99 per user per month 2. Smartphone Scanning – There are a number of great apps (free and paid) that now allow you to use your smartphone camera to scan documents and save that annoying last second mad dash to find a fax machine if you are out and about and need to sign, scan and send an urgent document. • We Recommend: Tiny Scanner • Price: Free 3. Password Manager – Having to keep track of your passwords with Post-It notes and Excel spreadsheets is a thing of the past. Password managers securely store all of your passwords in one place, organize them, make them searchable, and will automatically fill the password in for you on a website. Most internet browsers have some password storage ability, but they are not as trustworthy, and when it is time to change that password, good luck. Great mobile apps as well. Don’t be a “What’s my Password?” person. • We Recommend: Keeper – www.keepersecurity.com • Price: $29.99 per year 4. Cloud Storage – Freedom of movement is one key advantage of working as a solo or small firm attorney. Being

RES GESTAE | August 2015

able to access your documents from any location with an internet connection has been a key development in working remotely. Dropbox, Box, Google Drive, and other services are secure, affordable, and are user friendly. • We Recommend: Dropbox • Price: $99 per year for 1 TB storage 5. Florida Rules of Civil Procedure – Having the FL Rules of Civil Procedure on your smart phone is a great idea when you are in court, or out of the office, or debating another attorney over a cocktail. Find an app that is searchable, and user friendly. • We Recommend: Florida Rules of Civil Procedure by Tekk Innovations • Price: $6.99 6. Social Media Managers – Social media sites are a great way to market your business and engage with your community (not to post pictures of your cat). The most successful accounts are regularly active and constantly share useful information. Handling multiple accounts can be a challenge for attorneys that need to focus on legal work to increase revenues. Social media managers collect all of your accounts in one place, allow you to schedule posts well in advance, and review analytics to see the impact of your posts. • We Recommend: Buffer • Price: Free Please join the Solo & Small Firm Practice Section at our next meeting on September 25. See the Calendar of Events on page 10 of this issue for more information. RG

Conor Foley, a Pennsylvania native, moved to the Gulf Coast of Florida in 2014. He practices Employment Law with Jason L. Gunter, P.A. Conor is also a co-chair of the new Solo and Small Firm Practice Section.

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August 2015 | RES GESTAE

Art Happenings

Add more ART to your life! Southwest Florida’s art offerings are as diverse as the region’s flora and fauna. From the Fort Myers stage of the Florida Repertory Theatre to the galleries at BIG Arts on Sanibel Island, visitors and residents have a breadth of cultural offerings to choose from each and every day. We have access to world class music, dance, theater, culinary, literary, film and visual arts. This access is important as we believe that the arts are truly essential to the health and vitality of our SWFL communities. They remind us to slow down, be mindful and connect more truly with what’s really important. They enhance our quality of life and play an instrumental role in educating a new generation of dynamic thinkers. What might not be so obvious is the fact that our galleries, theaters, performance halls and art-centric organizations form a real growth industry that creates and supports jobs, generates revenue, attracts businesses and residents, and acts as a cornerstone for cultural tourism. Our vibrant and strong artistic community makes SWFL a great place to LIVE, WORK and PLAY. Come dance, draw, drum, sculpt, write, paint or play and enhance your quality of life and the lives of everyone around you. Take advantage of downtown Fort Myers’ monthly ArtWalk & MusicWalk, catch a show at the Barbara

B. Mann Performing Arts Hall or visit one of the many art festivals produced in our area. You won’t be sorry you did. Lydia Antunes Black is the Executive Director of the Alliance for the Arts - the officially designated Arts organization for Lee County, which is responsible for Connecting Art, Culture & Community. For information about the Alliance visit www. artinlee.org or contact us at 239-939-2787. RG

Alliance for the Arts campers are grateful for the support of the LCBA, which raised $20,500 in its Fifth Annual Charity Golf Tournament!

Answer the call! Celebrate the Constitution - Become a Speaker in the Schools

Every September, we celebrate the drafting of America’s most important document by engaging the younger generation in the LCBA’s Speakers in the Schools program. Be a role model to the next generation of citizens! Share your knowledge and unique perspective on what the Constitution means to you, and why it matters in students’ lives. You will have plenty of support, with a PowerPoint presentation packaged and ready to help structure your talk. LCBA Executive Director Sharon Brotherton will be publishing a signup link through leebar.org, and reaching out to the membership by electronic newsletter. For more information on this exciting opportunity, contact Co-Chairs James O’Leary at jlo@jloesq.com or (239) 947-8900 or Eviana Martin at eviana.martin@martinlawfirm.com or (239) 443-1094. And if you know an educator or administrator in Lee County Public Schools, have them get in touch with Sharon at info@leebar.org or (239) 334-0047 so they don’t miss out on this popular program. 16

RES GESTAE | August 2015

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By Sara Fitzpatrick Comito

Opened in 1894, the original wood-frame courthouse was razed under cover of darkness on Oct. 26, 1914 as Commissioner William Towles stood watch over his crew of 150 men with a loaded shotgun in case anyone wanted to stop them. Meanwhile, lawyers for City Councilman Harvie Heitman raced to Arcadia by train to seek an injunction to stop the new courthouse from being built with taxpayers’ dollars. It was granted, but too late. Some of the wood, plied apart by crowbars and axes, was saved to build the first Lee Memorial Hospital. The rest went up in a blaze as Towles made sure his showpiece courthouse would then be built. Photo courtesy of SW Florida Historical Society.

Lee County Courthouse with the Lee County Justice Center looming in the background by author.

RES GESTAE | August 2015

As Lee County’s county seat, it’s difficult to envision a

Fort Myers that doesn’t revolve around the workings of the court. The central placement of the buildings dedicated to the third branch of government dictates the layout of our streets. The unremitting pace of docket soundings, arraignments, hearings and myriad other courtroom proceedings on any given Monday through Friday generates much of downtown’s foot traffic. The edifices that serve as living monuments to our justice system indeed define the footprint and identity of the city, chief among them the historic Lee County Courthouse. This neoclassical marvel turns 100 years old this year. The grand building today serves as the administrative hub for the Lee County Board of Commissioners. With its Dorian columns, granite steps, gleaming tile floors and wide halls, it provides a focal point for those seeking the architectural soul of old Lee County. It also housed the decision making processes resulting in roads, bridges and documents that grew the young county of around a few thousand to the more than 600,000 of today. To learn more about the local courts’ colorful history – from the sensational and controversial demolition of the wooden structure that served as the original courthouse, to Lee County’s only execution by hanging, to the construction of the Administration building known as the Blue Courthouse in 1962, to the move to the Lee County Justice Center in 1984, to the present – Deputy Clerk of Court Joanne Iwinski-Miller, a Southwest Florida Historical Society board member, is an excellent and willing resource. She generously availed Res Gestae of historic photos, a courthouse tour and a breadth of information that cannot possibly all be included here. Perhaps you hold some bit of knowledge of the history that you could share, too. For Commissioner Frank Mann, it’s more than academic. He told Res Gestae, “Since my elementary school days, when we rode our bicycles around the courthouse, I always knew that important things went on in that big building. Later it took on a personal historical significance when I learned that my mother’s first job, at age 17, was working for J. Colin English, the School Superintendent, in the courthouse.” His mother was of course the incomparable Barbara B. Mann, who was two years old when the building’s cornerstone nn Ma nk Fra was placed. r one issi mm Co The Lee County government has launched a project collecting residents’ memories of the courthouse for inclusion in a special celebration in December. The LCBA is pleased to partner with Lee County to publish select excerpts of those Courthouse Memories, which appear at www.leegov. com/100. Visit the website for instructions on how to submit your own.

August 2015 | RES GESTAE

Courthouse Memories Donna Jentzen

I was working for Goldberg, Goldstein & Buckley when “Just Cause” was being filmed. A group of us stood across the street from the old courthouse and watched Sean Connery, Hope Lange, Kate Capshaw and others being filmed coming out of the courthouse. I was picked to be an extra in the film and got the pleasure of watching the bus scene being filmed. A $75 check was made payable to me from Warner Brothers for being an extra. I laser copied that check to keep. Ruby Dee smiled at me in wardrobe and Lawrence Fishburn winked at me as he was getting into a red convertible. •

Howard Gold

prints” of record plats and other county documents in the basement. “Blue prints” were actually that, blue with white lines. They were made in a wet process, like printing of pictures from negatives. In the late 1980s I was the structural engineer for the remodeling that was done to the Commissioner's meeting room and other parts of the building. •

Nancy Starr

I was the construction manager for the historic restoration of the old courthouse in 1988-89. Our goals were to bring the old building up to current safety codes, restore the original look and feel of the building and provide the Commissioners with Meeting Chambers (originally the courtroom), conference rooms, and offices for them and their aides. The project was turning out beautifully in the summer of 1989 and I wanted non-controversial artwork that would allow the building to be the star. I visited the historical society, looked through the archives of early 1900s photographs, selected about 35 to 40 black and white old photos that told the history of this area. We bought copies, had them matted with engraved labels and framed to match the oak in the Courthouse. My oldest son, Ben, was born in July, 1989, just two months before the grand opening on Sept. 22, 1989 and I imagine he was the youngest person in attendance that day.

As a young social worker in the early 70s, I have very fond memories of going to court when Judge Wallace Pack was the only judge overseeing the juvenile cases and Gerane Beckler was the Clerk of the Juvenile Court. The courthouse was majestic and powerful with three levels of courtrooms and offices. The steps in the front commanded respect and the climb up made a person feel that whatever the reason for going there, it must be important. Not long after this period, a more modern addition was added to the back of the building, courthouse activities increased, more judges were serving families and juvenile court was relegated to a smaller courtroom in the basement with a low ceiling. I'm sure that by the time the new Justice Building opened, the judges serving in juvenile court were happy to move. But for those who had enjoyed the courthouse in all its splendor, it was bittersweet.

•

Stanley K. Ink, P.E.

My first memory of the old courthouse was in 1959 when I was the manager of Mosby Engineering, Inc., at 1802 Broadway. The County made “blue

RES GESTAE | August 2015

Edward Kelly

Submitted by his daughter Kathryn Kelly after his death

Saturday night in Fort Myers in the late 1920s was just like any Saturday

night in a small town. My Dad did the weekly family grocery shopping downtown. While he tended to his task, his three younger boys, Allan, Tom, and I, attended the old Arcade Theatre, which usually featured some favorite cowboy western movies. After the movie, we would meet my Dad on the green bench in front of the courthouse, near the huge oak tree and the very large banyan tree. My older brother, Nick, would see to it that we were safely deposited in my Dad's care before heading back uptown to meet a few of his school buddies and do what most teenagers do. The green bench and the oak tree are gone now, but memories still jump back from the pages of the past; reminding me that nothing worthwhile is ever forgotten. •

Joanne Iwinski Miller

Deputy Clerk, Lee County Clerk of Court In 1981, I was just a young woman that fell in love with the design and architecture of the building. The floor impressed me the most. When the Justice Center opened in 1983, everything and everyone from the courthouse moved there. The old courthouse sat vacant from 1984 to 1988. It was time for a facelift. While the restoration was going on, I would watch from the Administration Building windows and wonder how it was going to look in the end. Not many people know this but when the roof was removed, the entire roof was lined with copper. The basement was emptied out, the old antique furniture was put in storage and sadly many items were thrown away. In 1989, the courthouse was restored to its original condition. Today the first floor is very quiet, nothing like the old days but it is certainly a historic building that hopefully will last another 100 years!

ABOUT THAT BASEMENT – “No ghosts that I know of but certainly a lot of history:” Back in the 1950s, Mr. Frank Pavese represented an Estero family accused of cattle rustling. Frank Pavese said twice the judge postponed the case. One day, he walked by Sheriff Flanders "Snag" Thompson and Snag said, "Congratulations, you won the case!" Mr. Pavese said, "No sir, we haven't went to trial yet." "Nope, you won the case!" Snag said. You see, the old courthouse hired a new custodian and one day he smelled something funny in the basement. He unlocked the door and saw cow hides. Stinking to high heaven, the new custodian threw the hides out. Those hides were evidence so Snag was right, Mr. Pavese won his case. • Local attorney Hank Hendry was just a young boy back in the 1960s. His father, Lloyd Hendry, was an attorney who used to bring his son to the courthouse while he conducted his business affairs. Hank, being a boy, explored the old courthouse basement. He recently told me that during the Cuban Missile Crisis, Lee County purchased about 50 large barrels of crackers. They were preparing to take shelter in the old basement in case Russia or Cuba dropped a bomb on Lee County. Hank actually remembers seeing the barrels. •

Joe Hensley

In 1960, Hurricane Donna paid us quite a visit. The courthouse was a shelter from the storm. As a Boy Scout, I volunteered to help folks who had to come to the shelter. It was quite an experience. We watched the winds fold boxcars like cardboard and blow the roofs off buildings that lined the rail tracks. The courthouse held up pretty well during the storm – a few leaks and minor wind damage. •

James Franklin

There are many courthouse stories, but my favorite was in 1949 and concerns then County Judge Hiram Bryant, who was brother-in-law to (Sheriff) Flanders "Snag" Thompson. He had a round desk next to the large open window on your right side as you came up the main front steps and which has been changed over time. When I was a brand new young lawyer and came up those steps for a trip to the Clerk's office I heard a sharp voice say "Young man – please come in here to my office." Naturally I did so and, as I came into Judge Bryant's presence, he asked my name and pulled a little booklet out of his desk drawer. He said, "Sit down – we have something important to talk about." Being young, innocent and astounded, I did as he said. He then said, "It is my understanding that you intend to run against me for County Judge and we need to discuss it." Being totally surprised, and having never had such a thought, I quickly denied such an intention. He opened his little book and wrote on a page the words: "James Franklin promises me he will never run against me for the office of County Judge. He then dated the page and handed it to me for my signature. I quickly signed it and it then went back in the desk drawer. He smiled and I left. I never saw the book again but guess it had several similar pages! •

Tom Smoot

I remember my first trial in 1960, an indigent aggravated assault case assigned to me by Judge Gerald, the first, at the sounding of the docket a week earlier. There was no public

defender at that time, only an occasional new attorney who needed some trial experience. I showed up at the appointed time for trial in Mrs. Pickering's office, which together with Judge Gerald's office, occupied the area adjacent to the big courtroom. Several attorneys were waiting as well as Snag Thompson, our amiable sheriff. Snag asked me why I was there and I told him. I was then informed that my case would have to be dismissed because the state’s only witness couldn't be found. Snag thought it his duty to explain to all young lawyers proper courtroom protocol not taught in law school and he told me to wander into the courtroom, find Frank Watson, the County Prosecutor, and ask him to nolle pros the case. I did and Snag walked over to apologize to Frank for not finding the witness who his deputies had tried all week to find. At that point I interrupted to say that I had interviewed the witness the previous day. "Where was he," asked the sheriff. "In your jail," I answered. •

How different would Lee County be without its historic courthouse? Remember to visit www.leegov.com/100 to read the full text of all the memories collected so far (more than what can be printed here), and submit your own. RG Photos opposite page: 4-story admin building "blue courthouse" photo postcard, courtesy of SW Florida Historical Society; sign made from copper removed from the roof of the courthouse during renovations in the late 1980s by author. Photos this page: courthouse hallway by author; original courthouse courtroom seats in 1916, courtesy of Joanne Iwinski-Miller. August 2015 | RES GESTAE

Legal Lens

David Frantz, Jacqueline Peregrin, John Webb

Kristalyn Loson, Anitra Raiford Marc Weiner, Stephanie Bendeck

LCBA Social LCBA’s quarterly social at the Firestone provided an opportunity to meet new Social Committee Chair John Webb and bid a fond farewell to Mary Briedé. Sponsored Danielle Levy, Kayla Richmond, Dori O'Donnell by iBERIABANK.

Beverly Grady, George Knott

Anne Dalton, Mary Briedé

Asher Knipe, Jennifer Gutmore, George Gift, Spencer Cordell

Kelly Fayer, Lisa Groff, Cindy Dickson Scott Atwood, Daniel Endrizal

RES GESTAE | August 2015

Photos courtesy of Jim Jett Photography

Leland Garvin, Guichard St. Surin, Jonathan Martin

Stacy Sherman, Mary Briedé, Jo Ellen Kane

Young Lawyers Division Mid-Year Review

By Kimberly Davis Bocelli, Esq.

YLD President, Kimberly Davis Bocelli, Esq.

2015 has been a year of action for the Young Lawyers Division (YLD). We started off with a bang by hosting Holidays in January at the Imaginarium to benefit the Children’s Network of Southwest Florida. We purchased and wrapped gifts for 40 foster children of various ages, all of which were presented by our favorite Santa Claus, PastPresident Spencer Cordell. The children and their foster parents enjoyed lunch and explored the Imaginarium for the rest of the day. It is always rewarding to see the children’s smiles during this fun event. Later in January, our Vice President Tom Coleman and Treasurer Noel Davies attended the Florida Bar’s YLD Affiliate Outreach Conference in St. Petersburg, where they presented our grant application to benefit Guardian Ad Litem (GAL) Foundation Voices for Kids. We sought $3,000 as part of a larger goal to raise $5,000 for the Beds for Kids program, which provides beds, bedding, and stuffed animals for foster

children. We were thrilled to be awarded $500 more than we requested and the President’s Grant Award. We have been working diligently to raise the remaining $1,500 to complete our commitment. We have raised money by selling beer at Mystery Walk, having a bake sale at LCBA’s Law Week Luncheon, and having a 50/50 raffle at LCBA’s quarterly social. I must give a shout out to Leland Garvin for donating his half of the raffle proceeds back to the cause! In addition to our charitable activities, thanks to our Social Chair, Anthony Norman, we have also had at least one social each month. Our paddle boarding and kayaking social, in conjunction with the Collier County Bar Association’s YLD, was generously sponsored by a grant from the Florida Bar YLD in honor of Health and Wellness Month. Again, we were recognized for having the best grant idea, and awarded an additional $500. We all enjoyed the opportunity to get out of the office, get some exercise and enjoy some Florida sunshine with our Collier colleagues. Additionally, YLD has supported LCBA’s signature events by arranging for the Bench/ Bar Dinner decorations and fielding a foursome and obtaining donations of silent auction items for LCBA’s Annual Golf Tournament benefitting Alliance for the Arts. In June, we rolled out a new LCBAscholarship program, open to attorneys within their first three years of practice in Southwest Florida (regardless of age), based upon financial need. It covers LCBA dues and registration fees for monthly lunch meetings and events for a six-month “semester.” The recipient agrees to attend at least four LCBA lunch meetings or events and four YLD meetings within the semester, as

well as join at least one other practice section and serve on one committee. The first round of scholarships for the fall have already been awarded, but there will be another opportunity in the spring. Thanks to the LCBA Executive Council and Executive Director Sharon Brotherton for providing the means for this program, as well as our Scholarship Committee Members, Kayla Richmond, Anitra Raiford, and Danielle Levy. Leading up to the end of my term, we will continue our monthly socials, create a directory of our YLD members to facilitate referrals, and continue supporting local businesses by conducting our monthly lunch meetings at various locations around town. We will also hold fundraisers for Holidays in January, and hope you will support this great cause through donations of money, unwrapped toys, wrapping supplies or your time (either shopping based on each child’s personalized wish list or wrapping gifts). It has been a successful year thus far thanks to the support of my outstanding board, Vice President Tom Coleman, Treasurer Noel Davies, Secretary Kayla Richmond, Social Chair Anthony Norman, and Recruitment Chair Anitra Raiford, as well as all of our dedicated members. Our membership is on the rise, but there is always room for more. If you know of an attorney who is under the age of 35 or within their first five years of practice in Southwest Florida (regardless of age) and is not already a member of YLD, please send them our way. There are no additional dues for this great opportunity to network while supporting great causes. As this year of action is nearing an end, I know President-Elect Tom Coleman has great things on the horizon. RG August 2015 | RES GESTAE

Changes Coming to Online Court Records By Linda Doggett, Lee County Clerk of Circuit Court

Attorneys who currently use the “Court Records Online” in Lee County to review case documents may be in for a big change. Unless you are the “attorney of record” on a case, you will soon be required to follow a new process that has been dubbed ‘VOR’ or View On Request. What is VOR? Under new rules Linda Doggett set forth in the Florida Supreme Court Administrative Order 15-18, attorneys will have to reregister to view documents - but if the documents have been designated as possibly in need of some type of redaction, a request will be made electronically to the Clerk to view the specific document. Then the Clerk will perform a redaction process which could take up to three days – possibly more if the document is voluminous. Imagine the scenario where a client comes into the office of a criminal defense attorney to ask for representation. The attorney, after listening to the client’s story decides to check the arrest report and the charges filed to gain clarification before agreeing to represent the client. Those documents are designated as possibly needing redaction… so the attorney will have to wait a few days to see the documents. In another scenario, an attorney who works as a mediator once a week has a list of cases that will need to be reviewed prior to the mediation meetings. This requires the attorney to spend extra hours reviewing the cases and listing the documents they need to review – and hoping that those documents will make it through the redaction process in time. Why is this happening? The Florida Supreme Court Administrative Order 15-18 was written to provide clarification around remote viewing of court case files. While implementing this order is voluntary, Clerks would have been required to shut down any current attorney online viewing system if they did not choose to implement the new order. In this order, the Court noted: Since 2004, considerable efforts have been directed toward developing the infrastructure and policies necessary to protect and limit confidential and sensitive information in court records, while simultaneously establishing mechanisms to afford public access to non-confidential court records. These efforts included the adoption of a limited moratorium on access to electronic court records to address concerns about sensitive and confidential information contained in 24

RES GESTAE | August 2015

these records. Consequently, the order creates a complex “Matrix” that provides various levels for online viewing of court records based on types of viewers and extensive criteria to protect confidential and sensitive information from unauthorized use. The Lee County Clerk has developed a plan to comply with the requirements and on July 1, 2015 initiated a pilot program with a limited number of attorneys. The full rollout of the online viewing system for the public and legal community and the shutdown of the current Court Records Online is expected to happen in the last quarter of 2015. Under the new system, the following levels of online viewing will be offered: Anonymous Public View (Level 7 of the Matrix): this will provide the public with the ability to see non-juvenile criminal case documents, county court civil case documents, and nonfamily related circuit court civil cases. Confidential information in these documents will be redacted. Due to the imperfect nature of the automated redaction software, some documents will require a VOR action and a manual review by the Clerk’s Office before making them available. A VOR action could take up to three days depending on available resources, and longer than three days for voluminous documents. Registered User View (Level 5 of the Matrix): Upon completing, signing, and notarizing a new user agreement, this will provide registered users with the Level 7 view (above) plus family law and probate case documents. This is the method attorneys can use to view cases for which they are not the attorney-of-record. There will be no ability to view juvenile dependency, juvenile delinquency, adoption, and sealed cases. Also, confidential information in these documents will be redacted. Due to the imperfect nature of the automated redaction software, some documents will require a VOR action and a manual review by the Clerk’s Office before making them available. A VOR action could take up to three days depending on available resources, and longer than three days for voluminous documents. Attorney of Record View (Level 3 of the Matrix): This will allow attorneys of record to see the case file documents for those cases where they are the attorney of record. Redaction and VOR is not required. The Clerk’s Office is proud to have been able to provide attorneys with the ability to view court case documents online for many years. I am happy that the changes will provide

additional security and online viewing for the public. However, I am concerned that the changes will impede our quality of service to the legal community. I am committed to providing online viewing of your records. The Clerk’s office has a history of providing transparency and online services. However, we must move forward with this implementation as required by Administrative Order 15-18. The Clerk’s office plans to provide further notices as the system progresses. For Your Consideration: Not all Clerks throughout the State have been providing the general online viewing of court records to attorneys. For some counties, the AO 15-18 implementation is an improvement, even if not ideal. For Lee County and many counties like Lee, this will be a step backwards for attorneys and a step forward for the public. While the Florida Supreme Court felt obligated to the public to treat everyone equal, it seems that the impact to the legal community is fairly significant. I would be glad to work with you to assess the impact through our pilot program. There may be an opportunity for the Florida Bar to make a business case to the courts for a new viewing level in the Matrix for “all attorneys” when they are not the “attorney of record.” Of course, the Anonymous Public View (Level 7) and a Non-Attorney Registered User View (Level 5) would retain the more conservative “view on request” process. RG

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Community Connection

Edison Sailing Center By Sara Fitzpatrick Comito

Travelers across the Caloosahatchee Bridge often catch sight of dozens of white sails flitting across the river under the power of a Florida morning zephyr. The sailors make it look easy, but this halcyon sight represents more than three decades of the nonprofit Edison Sailing Center’s determination and hard work to help kids learn the ropes, be safe and have fun on the water.

It’s also a reflection of the Webbs. “The whole idea of giving back is kind of our family’s motto,” affirmed Stephanie, “so creating a nonprofit would allow us to do more community outreach and always serve the needs of the children first. It’s never been about the bottom line, ever.” Ross, a retired pharmacist, and Stephanie, a retired educator, don’t take money from the city or county. Instead, taxdeductible private donations of funds and vessels, grants, planned giving and volunteers enable ESC to provide outreach opportunities such as collegiate sailing, scouting merit badge work, and collaborations with the Sea Scouts, Quality Life Center and church youth groups. It is also proud to partner with Lee County Parks & Recreation, the Town of Fort Myers Beach, FGCU, CMCS Sailing Club and the City of Fort Myers. It provides training for First Responders and powerboat safety courses and training for adults as registration warrants. ESC also enjoys the distinction of being only one of 20 sites to host a Junior U.S. Olympic Sailing Regatta.

Sailing has been a passion for Ross Webb since he was a little boy. When he and wife Stephanie had their own children, the couple found a lack of sailing instruction opportunities locally. He took it upon himself to teach them all he knew. In what Stephanie calls an organic progression, other parents got in touch with the Webbs, saying, “Gosh, my kid would like to sail.” Ross said, “After the first year everyone called up and said we need to continue to do this.” So they have. Thirty-two years later about 10,000 children have taken to the water. Some 400 per year currently learn on 200 boats. Many have gone on from this U.S. Sailing-affiliated community sailing center to participate and win in national and international regattas and graduate from military academies. All internalize a sense of the Corinthian Spirit, a personal code for judging one’s actions. It’s a fitting concept in sailing circles, giving the self-governing aspect of the sport. As Stephanie explained it, “If they’re doing the right thing on the water, that transfers when they’re back on land. And they generally make very good decisions for all their lives.” This spirit very often manifests in former students

RES GESTAE | August 2015

In addition, ESC works with the juvenile justice system when an opportunity exists. Young men and women who have come to satisfy community service hours have even unexpectedly developed a passion for sailing. Stephanie said, “When you turn them loose and put them on the water, they have to make life decisions that flow back to their lives on land.” returning to help teach. It’s a reflection of the teamwork, responsibility, respect, independence and confidence that kids learn in the course of their sailing instruction.

LCBA members have plenty of opportunities to help ensure smooth sailing for ESC and the young people they serve far into the future. Visit www. edisonsailingcenter.org or call (239) 4545114 for more information. RG

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The Dish water allowance dictated by the South Florida Water Management District. It adheres to a corporate compensation structure that engenders employee loyalty. It donates fresh food to area schools and families in need. I first met owner TJ Cannamela at a Sustainability Conference I was covering for a newspaper a few years ago. He spoke of approaching difficulties as if they were opportunities. Citrus greening, for instance, was on a lot of farmers’ minds. His response: develop a peach growing industry that can charge a premium when its fruit comes online months in advance of its Georgia counterpart. And since opening the farm, Cannamela has proved the rollout of new offerings is sustainable when done in a gradual fashion. Farmers have a term, succession planting. It’s a way of increasing yield by paying attention to the order in which you do things. Much has been made of “farm-to-table” cuisine, with this columnist occasionally even railing against the term as passé, given the amount of attention people pay to where their food comes from these days. There are a couple of instances where the term is very much warranted, however. Do you personally know the farmer who sold you that beautiful bunch of swiss chard or that rack of ribs from a heritage breed of pig? Is said chard or rack currently on your table? Voila! Farm-to-table. A step beyond that is to sit at an actual farm table and enjoy the farmer’s handiwork. If you’re a farmer, then that’s every day. For the rest of us, there’s Buckingham Farms. On scenic Orange River Road in the picturesque Buckingham area just east of Fort Myers, look for the old fashioned country store situated next to a 50-acrea farm. Here you will find fresh grown produce, specialty food items, a charming atmosphere that will feel miles away from your workweek, and the smell of fresh home cooking. Since it was founded in 2011, Buckingham Farms, whose tagline is “Fresh as you Wish,” has achieved recognition for its sustainable practices, winning this year’s Chrysalis Award in Sustainability from the Lee County Visitor & Convention Bureau and the Greater Fort Myers Chamber of Commerce. The farm uses hydroponic and drip irrigation techniques that result in a 10-percent usage of the

So it was that Buckingham Farms began by growing produce and supplying it to local consumers and chefs. Then it continually capitalized on its successive successes (don’t say that with a mouthful of swiss chard). Today its offerings include an assortment of prepared foods for takeaway, local honey, fresh Friday night dinners to call ahead for taking home, weekday lunches of on-the-go sandwiches, salads and sides. There’s Saturday breakfast – more on that later – and, yes, special farmto-table dinner events. There’s even a charming event venue on the property in the form of “The Rustic Barn,” a drapery-adorned pavilion with exposed beams and warm lighting for parties, meetings or receptions, and a menu to match. On the horizon, Cannamela plans to develop his property closer to the river to provide “agritourism” experiences. So back to the table. On a recent Saturday morning, my family sat at one in an enclosed breezeway between the rear of the country store and the

Photos this page: An assortment of local, raw honey. Hydroponic strawberries. The charming country store. Photos opposite page: The Rustic Barn. Fresh-picked produce. Photos courtesy of Buckingham Farms.

RES GESTAE | August 2015

The Dish kitchen. We got to watch big, golden buttermilk biscuits emerge from the oven, some of which I ordered splayed open and generously heaped with sausage gravy. I thought it was only proper, washed down with all the coffee I could drink. Husband John had a sandwich of drippy, fried, farmfresh egg, avocado, caramelized onion and cheddar jack cheese. My son, true to form, availed himself of something sticky in the form of a bread pudding-style French toast with triple berry sauce, powdered sugar and whipped cream.

which the week of this writing included pan fried frog’s legs tossed in a sun-dried tomato, basil and garlic butter sauce or pan fried pork chops with country gravy. Both are served with garlic mashed potatoes and grilled lemon asparagus. I understand the frog legs sell out quickly, so you might want to hop to it. It’s always a good time to go see what’s growing at the farm. RG

Buckingham Farms (239) 206-2303 buckinghamfarmsonline.com Weekend breakfast – Sat. 8 – 11am Midweek lunch – Tues. – Sat. 11am to 3pm

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.

The Buckingham Farms Facebook page is a good resource for updates on the take-home Friday night dinners for pre-order,

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RES GESTAE | August 2015

On the Bench Hon. Mary C. Evans When now-Judge Mary Evans served as President of the LCBA, the theme for her year was “Thinking outside the box.” Having arrived at the Collier Circuit Bench at the beginning of this year, it’s still a favorite motto of hers. She’s also still as candid as ever. “My first priority is to do no harm,” she said. “And let me tell you, sometimes that takes creative thinking to put it into action!” Naturally life has changed. She presides over the domestic relations, domestic violence, juvenile dependency and truancy court dockets, representing a calendar that’s chock-full and mostly beyond her personal control. She’s learning new areas of law, too. “I am also getting used to the idea that my security outside of the courtroom is an issue,” she said.

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The rewards are certainly great, and have made all the hard work of campaigning worth it. Judge Evans especially enjoys helping people find common ground. “There is no greater treasure in life than family and I hope to instill that belief in people as they appear before me.” As in her previous work as a family law attorney, the greatest challenge lies in the polarization of some parents. The judge knew she would have a lot to learn, and she took the bench with an open mind. She has learned a lot about herself, especially in regards to the limits of her patience. She is not yet quite accustomed to people treating her differently than they did last summer, even though she doesn’t feel any different. The new job has provided a large spoonful of perspective, even from her very first day in the courtroom while presiding over a juvenile delinquency matter while her daughter observed from the gallery. “As I was listening to the charges against those young people and watching them in court it struck me – I have raised a bright, funny, socially well-adjusted child. I felt very blessed at that moment.” Attorneys practicing in front of Judge Evans would do well to be prepared, be reasonable and cut to the chase. “I’m here to help but I need to know, succinctly, what it is you want me to do,” she explained. A bit of advice to LCBA members: “Volunteer at the Bar Association! You are the Bar!”

August 2015 | RES GESTAE

From the Bar Kristalyn Loson, Esq. “I can’t believe it’s been seven months already,” said Kristalyn Loson, who began a new job in January as an Assistant City Attorney for the City of Fort Myers. Time flies when you’re occupied with diverse matters of high importance right off the bat, and there’s been plenty to learn along the way. Where most attorneys focus on one or two areas of the law, representing a municipality means having to develop working knowledge in a wide variety of practice areas. The City Attorney’s Office interprets and applies statutory and case law on a situational day-to-day basis, writes ordinances and resolutions, negotiates contracts, prosecutes city code violations, collects money owed the city, forecloses city liens and mortgages, defends the city’s interest in mortgage foreclosures, represents the city in many different types of litigation, handles challenges to zoning laws, provides legal counsel to the various city boards, addresses tax questions and public records issues—and that’s just for starters. Loson has a background in non-profit work, having started at United Way’s 211 helpline in Lee County. After earning her J.D. from the George Washington University Law School and before gaining employment at her previous position – a large law firm in the Washington, D.C. area representing non-profits – she served as pro bono counsel to the Guardian ad Litem program for the Twentieth Circuit. There she gained invaluable experience. An early highlight was serving as first chair in a termination of parental rights case. “It was an amazing experience to handle a trial within a couple of months of graduation and being admitted to the Bar,” she said. She has always enjoyed working for a higher purpose rather than just a paycheck and she maintained a lot of respect for her community-minded colleagues. That ethos abounds at her current digs, too. It makes it a pleasure to come to work everyday and meet the many new challenges. “People working for the City of Fort Myers have the same goal of serving the citizens of their community,” Loson explained. She also appreciates the community she’s found since she’s become involved with the LCBA’s Young Lawyers Division. When not at work, she enjoys local arts events, kayaking and playing with her rescue dog.

RES GESTAE | August 2015

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From the Bar Laurie Hannan-Anton, Esq. When Laurie Anton clerked for a mediation and arbitration firm during her second year of law school, it was an eye-opening experience. The era of court-ordered and private mediations was in its infancy. As a Certified Circuit Mediator since 1994, mediation continues to provide favorable outcomes in her longestablished practice. That practice, which got its start on the east coast but is now located in Cape Coral, is focused heavily on entertainment, real estate and intellectual property law. Anton’s mom was a Rockette in her young years and owned a dance school off Broadway. “Growing up, I would tell people I had little dancers in my blood cells.” said Anton. But she also got a talent for singing, and where she got that is anyone’s guess. As a teen she performed with a singing group that attracted the attention of a celebrity music manager. Luckily her parents, owners of a Hollywood, Fla. real estate brokerage, were friends with Burt Reynolds’ attorney, who represented the group’s interests in the contract negotiations as what was known at the time as a theatrical attorney. Anton recalled, “This was the inspiration for my quest to become an entertainment attorney.” Other successes include a music scholarship to the University of Miami, an on-stage performance with Ray Liotta in West Side Story and the establishment of her own film and TV production companies, which have developed projects for more than 15 years. As an Entertainment Counsel for Floridabased Oasis Entertainment, Anton successfully negotiated a co-production deal with Oliver Stone’s Ixtlan and Mel Gibson’s Icon Entertainment Co. She also brought an action and later an injunction in Dade County Court to enjoin a music manager from taking and concealing a recently recorded master tape from one of the well-known recording studios in Miami. She said, “After a two day trial, the jury found for my client, and the tape had to be returned to the artist.” Anton’s practice is as varied as her background – and she’s also a licensed real estate broker and owner of a real estate company – but creativity continues to define her approach. “For me, whether it is real property or intellectual property, the concept of creating something and bringing to life something from merely an idea is what truly inspires me.”

August 2015 | RES GESTAE

Legal Briefs Hartsell appointed chair of Urban Land Institute, SW Florida Steven C. Hartsell has been named chair of the Urban Land Institute (ULI) Southwest Florida District Council. The Pavese Law Firm partner assumed the role effective July 1. ULI is a nonprofit research and education organization representing land use and real estate development disciplines working in private enterprise and public service. A multidisciplinary real estate forum, ULI facilitates an open exchange of ideas, information, and experience among industry leaders and policy makers dedicated to creating better places. Hartsell is a graduate of Dickinson College and Florida State University College of Law. He joined Pavese Law Firm in 1986 and became a partner in the firm in 1990. He concentrates his practice in Zoning, Land Use and Development Law as well as Local Government Administrative Law matters, representing clients in administrative matters before city and county commissions, councils and boards in hearings throughout Southwest and Central Florida.

Linde appointed to Florida Lawyers Assistance board Matthew A. Linde has been appointed by the Florida Bar Board of Governors to serve on the Board of Directors of Florida Lawyers Assistance, Inc. for a three-year term commencing on July 1, 2015. Florida Lawyers Assistance, Inc. is a non-profit corporation formed in 1986 in response to the Florida Supreme Court’s mandate that a program be created to identify and offer assistance to bar members who suffer from substance abuse, mental health issues or other disorders that negatively affect their lives and careers. If you or someone you know may benefit from involvement with FLA please see the website at fla-lap.org or contact Matthew Linde directly at (239) 939.7100. Linde is Board Certified by the Florida Bar in Wills, Trusts and Estates, and practices in South Fort Myers in the areas of probate, trust and guardianship litigation and administration and estate and tax planning.

Shearman elected to United Way board Robert Shearman of Henderson, Franklin, Starnes & Holt, P.A. has been elected to the board of directors of the United Way of Lee, Hendry, Glades and Okeechobee Counties, where he served on the allocation team for many years and organized numerous fundraising events. He also serves on the Southwest Florida Seminole Booster Club Board and is co-chair of the annual fishing tournament to raise money for scholarships. He is an alumnus of Leadership Lee County, a former Big Brother and past trustee of the Calusa Nature Center and Planetarium. As a stockholder in the firm’s Tort & Insurance Litigation Division, Shearman represents public and private entities with respect to constitutional claims, wrongful termination, discrimination, and harassment matters and injury cases. He also represents law enforcement agencies and officers, and real estate professionals in civil litigation and administrative actions. He is Florida Bar Board Certified in Civil Trial Law and a Florida Supreme Court Certified Civil Mediator.

Turner joins real estate law firm John S. Turner has joined The Law Office of Kevin F. Jursinski & Associates as its newest associate attorney. He is Florida Bar Board Certified in City, County and Government Law, and focuses his practice in Business, Real Estate and Construction Litigation, to include property rights topics such as: eminent domain, inverse condemnation/due process land takings, Bert Harris claims, contract/ commercial litigation, environmental, zoning and land use issues, and constitutional takings claims under the Fifth and Fourteenth Amendments for equal protection and due process violations. Previously Turner was the Senior Assistant County Attorney for Lee County. For more than 20 years, he represented and defended the county in numerous cases involving real estate and business related legal matters. He received his J.D. from the University of Tulsa College of Law in Tulsa, Oklahoma. He earned his Bachelor's of Science in Business Administration from the University of Tulsa in Tulsa, Oklahoma.

RES GESTAE | August 2015

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