Res Gestae - November 2015

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

PROJECT VETERANS Cedric Hall's portraits honor those who have served

The Southwest Florida Military Museum and Invest In America’s Veterans Foundation

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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 On the cover: U.S. Army veteran Arthur Marion died at the age of 80 and was laid to rest on October 9, when this photograph was taken in his honor.

Cover photo credit: Cedric Hall

20

26 24 features 20 Project Veterans

Photo Essay

28

by Cedric Hall

departments 6 Letter from the President

by Anne Dalton, Esq.

8 Letter from the Editor

by Beverly Grady, Esq.

10 Calendar of Events

24 Community Connection

Invest in America's Veterans/ SW Florida Military Museum

26 Legal Lens

Social scene photos

12 Ethically Speaking

28 The Dish

14 Tort Litigation Practice

30 On the Bench

by Henry Lee Paul, Esq.

Section

by PJ Scheiner, Esq.

Ariani

Hon. Jack Weiss

30 100 Club

15 Thanks to our speakers in

32 From the Bar

16 Art Happenings

33 100 Club

the schools

18 Pro Bono Award Honorees 22 Federal Bar Renewal

4

Notice

RES GESTAE | November 2015

Teresa Daniels, Esq.

34 From the Bar

Beth Vogelsong, Esq.

36 In the News

News and happenings

AD DIRECTORY Allied Business Solutions 31 Barbara Pizzolato 23 Birch Properties 33 Boyle, Gentile & Leonard, P.A. 38 Boyle, Gentile & Leonard, P.A. 35 Buchanan Ingersoll & Rooney 17 Buschbom Mediation 27 Business Observer 35 Calvo & Calvo Attorneys at Law 37 CONRIC PR & Marketing | Publishing 23 Dellutri Law Group 15 Denise Kennedy 31 Dial A Nurse Inc. 17 Donna Tisch 32 Edison National Bank BC Florida Home Realty/Property Mgmt.

18 Fort Myers Court Reporting 7 Garvin Law Firm 7 Get Smart Bail Bonds 35 Gray|Robinson Attorneys at Law IFC Henderson, Franklin, Starnes & Holt, P.A. 19 Henderson, Franklin, Starnes & Holt, P.A. 9 Hotel Indigo 29 Jason L. Gunter, P.A. 17 Joe Viacava Law IBC Kempton P. Logan 23 Kushner & Kushner Attorneys 16 Laura Streyffeler 31 Law Firm of Scott T. Moorey 16 Law Office of Kevin Jursinski & Associates 27 LCBA BBQ 13 LCBA Holiday Party 11 Leonard P. Reina 19 Leslea Ellis, LLC 9 Levins & Associates, LLC 18 Livingston Loeffler, P.A. 19 McHale, P.A. 7 Merit Court Reporting, Inc. 22 Musca Law Office, Inc. 3 Spivey Law Firm 5 T 3 Communications 37 Veranda Restaurant 27 Von Ahn & Associates 34

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

匀䔀刀䤀伀唀匀 䤀一䨀唀刀夀 䄀一䐀 䐀䔀䄀吀䠀 䌀䄀匀䔀匀 Maximum Referral Fees Paid 䄀甀琀漀 䄀挀挀椀搀攀渀琀猀 䴀漀琀漀爀挀礀挀氀攀 䄀挀挀椀搀攀渀琀猀 圀爀漀渀最昀甀氀 䐀攀愀琀栀 匀氀椀瀀 愀渀搀 䘀愀氀氀猀 嘀椀挀琀椀洀猀 漀昀 䐀爀甀渀欀 䐀爀椀瘀攀爀猀

䴀愀椀渀 伀昀ǻ挀攀㨀 ㄀㌀㐀 倀愀爀欀攀爀 䌀漀洀洀漀渀猀 䈀氀瘀搀⸀ 䘀漀爀琀 䴀礀攀爀猀Ⰰ 䘀䰀 ㌀㌀㤀㄀㈀

匀攀爀瘀椀渀最 䄀䰀䰀 漀昀 䘀氀漀爀椀搀愀 刀愀渀搀愀氀氀 䰀⸀ 匀瀀椀瘀攀礀Ⰰ 䔀猀焀⸀ 䈀漀愀爀搀 䌀攀爀琀椀昀椀攀搀 䌀椀瘀椀氀 吀爀椀愀氀 䄀琀琀漀爀渀攀礀

刀愀渀搀愀氀氀 䰀⸀ 匀瀀椀瘀攀礀

Note from the President “I’ve always felt that a person’s intelligence is directly reflected by the number of conflicting points of view they can entertain simultaneously on the same topic.”

– Abigail Adams November brings two great feasts to the members of the Lee County Bar: the First Ever Joint Lee-Hendry-Glades BBQ Feast on November 14 (featuring Judge Lundy as Chef ) and, of course, Thanksgiving. As we are celebrating both of these events, I would like to add a postscript to the September President’s Column which celebrated our own Constitution Week in the context of the development of a new Constitution and the democratic process in Tunisia, a small country in North Africa.

On October 9, the Nobel Foundation announced the award of the 2015 Nobel Peace Prize to a coalition of four Tunisian groups which came together to mediate the creation of an alternative peaceful political process at a time when the country was on the brink of civil war. That group, known as the Tunisian National Dialogue Quartet, was comprised of local attorneys, human rights activists, trade and handicraft confederation representatives, and labor union organizers. In accepting the award, the President of the Tunisian Human Rights League said, “this proves that dialogue is the only way to solve a crisis, not weapons.”

Many years ago, the Chief Judge of our Circuit mandated that litigants must engage in mediation prior to (and hopefully in lieu of ) trial. At that time, it was a cutting edge concept that many litigators felt was just an added cost of no real value to their clients. Nevertheless, our Judges persevered in implementing this requirement in the face of widespread local concern. Fast forwarding to the 21st Century, many of our most seasoned litigators have new careers as mediators (and now arbitrators). Indeed, the co-chair of the Lee Bar’s General Civil and Business Litigation Practice Section, George Knott, is not only one of our pre-eminent local litigators, but also a distinguished mediator and arbitrator. ADR is now widely and universally viewed as a useful tool to settle or significantly advance the resolution of lawsuits in every arena but criminal. A large number of cases are removed from judicial dockets each year as a result of ADR resolution processes. Although I suspect our own Lee Courts, litigants and ADR professionals are far from being considered for a collective Nobel Peace Prize, in our own small way we may legitimately echo the words quoted above and thereby celebrate our own peaceful resolution of conflict.

In closing, I offer you an original Thanksgiving invocation composed by Law Library Trustee and Lee Bar member, Nirupa Netram, Esquire, Senior Director of Corporate Compliance for Goodwill Industries of Southwest Florida, Inc. She delivered this remarkable blessing at the September Lee County Bar Association General Membership meeting: Almighty Gods of all faiths, though there is much sorrow and despair throughout the world, we are all here with thankful minds. We are thankful for the freedoms and rights we have in the United States. We ask that you sharpen our ability to appreciate the good that touches our lives every day, despite the troubling shadows. That you give us grace to face struggles with intelligence, unclouded by selfish interests. And that you teach us to dream great dreams and consume us with ennobling visions.

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

RES GESTAE | November 2015

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM Executive Director ~ Sharon Brotherton Administrative 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 Theresa Daniels, Esq. MOCK TRIAL Karla Campos-Andersen, Esq. PRO BONO Aaron Cilek, Esq. & Anais Bimonte, 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 Marisa Boysen, Esq. & Stephanie Russell, Esq. FAMILY LAW Dustin Butler, Esq. & Ryan O’Halloran, Esq. GENERAL CIVIL & BUSINESS LITIGATION George Knott, Esq.. & Carlos Kelly, Esq. LAND USE & GOVERNMENTAL LAW Neysa Borkert, Esq. & Amanda Brock, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. & Matthew Linde, Esq. SOLO AND SMALL PRACTICE SECTION Jason Gunter, Esq. & Conor Foley, Esq. TORT LITIGATION Preston John (PJ) Scheiner, Esq.

Here to Help with Your Client’s Injury Case Handling All Injury Claims, Professional Malpractice, and Insurance Disability Co-Counsel or Consultations · Participation & Referral Fees Paid

EXCELLENCE IN ADVOCACY SINCE 1973

Personal Injury - Personal Attention 239.277.0005 www.GarvinLegal.com

Jeffrey R. Garvin

4280 Cleveland Avenue · Fort Myers, FL 33901

Leland E. Garvin

McHale, P.A. 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

• Expert Witness Testimony • Forensic Accounting • Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business

Management

888-408-2380 239-334-1411 www.FMCR-NCR.com November 2015 | RES GESTAE

7

Letter from the Editor “doe by these presents solemnly and mutually in the presence of God and one of another, covenant and combine ourselves together into a civill body politick, for our better ordering and presentation, ... to enact, constitute, and frame such just and equall laws, ordinances, acts, constitutions and offices, ... as shall be thought most meete and convenient for the generall good of the Colonie which we promise all due submission and obedience.”

More than 100 people set sail from England on September 6, 1620 and after 66 days of difficult travel (395 years ago this month) arrived at Cape Cod just before winter. But the travelers arrived outside of the King James’ authorized destination. So, in November, 1620 before they left the ship onto the land of their new home which was outside of any government authority, they prepared a document, which is quoted above, to bind all to accept that form of government that was to be established on the land. The Mayflower Compact was the first written framework of government in what was to become the United States. The Compact remained in effect until 1691. Signing the Mayflower Compact was a binding pledge of each individual (male) to form a community of “just and equal laws.” After a hard year, they declared a three day feast to celebrate their first year. This (now famous) Thanksgiving Festival was the first festival of thanksgiving and held in December, 1621. This is the story of a group of people coming together and pledging to form and create a community where the laws would be equal and just. This history is worth remembering as we celebrate our Thanksgiving this month. This historic pledge and covenant to community are of value as we look today to issues in our own community.

In this issue of Res Gestae we are pleased to highlight the artistic talents of member Cedric Hall with a presentation of part of his Project Veterans, a photographic chronicle of the lives of veterans in the United States. Coinciding with Veterans Day, it is a beautiful tribute and a reminder of the debts we owe to those who served and gave so much. It’s also fitting that our Community Connection features the Invest In America’s Veterans Foundation, which provides much-needed free services to our vets, and its Southwest Florida Military Museum, where the LCBA’s Pro Bono Committee presented its first annual Veterans and First Responders Legal Clinic in October. One translation of the meaning of Res Gestae is “things done,” and with legal help so hard to come by for many of our veterans, the committee deserves our congratulations on accomplishing such important outreach.

Henry Paul’s meaningful article fills us in on the recent Florida Supreme Court amendment to the rule on fees for legal services. On behalf of the Tort Litigation Practice Section, PJ Scheiner highlights the importance of professionalism.

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

RES GESTAE | November 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. PJ Scheiner, Esq. Lydia Black 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.

Searching for Something?

Leslea Ellis,LLC Can Help , ' < + = < ' < & , 0 1 3 / ( $ ' , 1 * & 9 / ( 9

6 1 8 1 4 4 7 ) ( .

2 / 2 % 6 7 $ 7 8 7 ( $ * 0

% 8 7 8 2 5 * * 1 , * $ 3 5 ( 8 ' , & ( 2 7 ' 5

: 7 3 ( ( 0 ( 8 7 = 0 7 , : 7 + , % & ' 0 9 7 8 .

+ ) 6 3 5 / , , : $ ( , 1 4 7 & 4 & 8 $ , ( 8 2

4 6 2 0 , 5 6 7 5 ; / 5 , ( 7 * ( 1 ) ' $ 5 % = 5

5 5 $ 9 ( 2 2 , 6 ( . $ 2 $ 0 9 * ) + , / 5 ( 5 0

3 $ , 8 3 ' 7 * / ( * 0 1 = , ( , * 8 6 & 8 5 5 (

9 5 ( 4 $ , ) $ 0 7 1 < ' 6 ' / 1 . & 7 / / 5 7

3 + ' = / $ ; $ 6 7 ' 2 ( 1 $ 3 2 7 / 2 , ( $ * ,

8 5 , 6 ' , & 7 , 2 1 .

9 2 , 3 < 7 9 8 5 ( 6 /

7 3 0 ( 7 1 2 & = , & 5 , : 7 0 < 2 % ( 4 ' 3 $ '

: < $ 6 5 $ ( + 6 ( 2 7 , 2 5 2 , & 3 5 6 8 3 5 $

6 7 3 , 5 & 6 1 $ 5 7 1 0 ( $ , ' / < < : $ $ 5 -

( & 0 + ( ' 0 % ; < = 4 / : 6 1 7 ; $ , 2 0 ) 5 $

$' /,7(0

-8'*(

3523(57<

$)),'$9,7

-85,6',&7,21

48$6+

$/,021<

0$5,7$/

48,7&/$,0

$33($/

0(',$7,21

5(%877$/

&217(037

027,21

6(77/(0(17

'(326,7,21

1210$5,7$/

67$787(

',&7$

23,1,21

6835$

',6&29(5<

29(558/(

7(67,021<

(9,'(1&(

3/($',1*

75$16&5,37

+($56$<

35(-8',&(

:5,7

,17(552*$725,(6

35,9,/(*(

A FULL-SERVICE LAW FIRM SINCE 1924

Your Local Partner in Appeals

Scott A. Beatty

J. Matthew Belcastro

Suzanne M. Boy

Traci T. McKee

Douglas B. Szabo

Beth T. Vogelsang

HAVING AN EXPERIENCED TEAM OF APPELLATE ATTORNEYS who possess the skills to identify issues ripe for consideration is critical. Henderson Franklin’s appellate attorneys provide trial support and also represent clients with cases brought to us solely for representation on appeal, in matters of: • Appeals from Administrative Proceedings • Commercial and Real Estate Litigation • Insurance

• Divorce, Marital and Family Law • Construction Litigation • Legal and Medical Malpractice Defense • Personal Injury

Words are placed horizontally, vertically and diagonally, both forwards and back-to-front. If you would like a solution sheet, please email info@lesleaellis.com

Leslea Ellis, LLC

Certified Public Accountant



LesleaEllis.com

www.

Certified Fraud Examiner

(239) 690-6500

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

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

* By appointment only

November 2015 | RES GESTAE

9

Calendar of Events November 6

Young Lawyers Division Meeting Noon, The Golden Fork, 3086 S Cleveland Ave; Fort Myers. Kimberly Davis Bocelli, YLD President

November 7

Robert Bitterli, Michael Corso, Jeffrey Garvin, Steven Koeppel, W. Michael Maxwell, and Theodore Tripp. Carlos Kelly & George Knott, Co-Chairs

December 11

November 18

December 16

LCBA Executive Council Meeting

Lee County Legal Aid Society’s Inaugural Jog for Justice 5k

8 a.m. check-in, run starts 8:30 a.m., walk starts 8:35 a.m. Lakes Regional Park. $25 per participant. Alina Gonzalez-Dockery, Executive Director

November 14

FIRST EVER JOINT Glades, Hendry, & Lee County Bar Associations BAR-B-QUE

Noon – 5 p.m., the Smoot Property, 6250 Jackson Rd., Fort Myers. Meal provided at 1 p.m. Judge Jack Lundy returns as our master chef. $15 for ages 13 & up, $10 children ages 7-12; free for children under 6.

Contact Lisa Poulin admin@leebar.org to register.

5:15 – 6:15 p.m., Conference Room, Roetzel & Andress, PA

November 19

Family Law Rodeo

Noon, Lee County Justice Center; Courtroom 5C. Presented by the Family Law Practice Section as part of the Year of Professionalism & Ethics (CLE Credit Pending), Dustin Butler and Ryan O’Halloran, Co-Chairs

November 26 – 27

LCBA Office Closed for Thanksgiving Holiday

December 4

Solo & Small Firm Practice Section Breakfast Meeting

7:30am., First Watch, Downtown.

Topic: Technology – Using Speech Recognition to Make Your Practice More Efficient. Jason Gunter and Conor Foley, Co-Chairs

December 4

Young Lawyers Division Meeting

November 16

Noon, The Golden Fork, 3086 S Cleveland Ave. Kimberly Davis Bocelli, YLD President

Noon

December 9

Voting CLOSES for 2016-2017 Members-At-Large

Annual Holiday Party

November 18

Ethics in Depositions: Preparing your Expert for Deposition

Noon, Lee County Justice Center, Hearing Room 4-H. Presented by the General Civil & Business Litigation Practice Section. Panelists: Hon. Elizabeth Krier, Hon. Michael McHugh,

6 – 9 p.m. Holiday Party supporting YLD’s Summer Holidays. Hawaiian theme – wear those Hawaiian shirts!

Burroughs Home & Gardens McBride Pavilion, 2505 1st Street. $10 donation.

RSVP at www.leebar.org

Appellate Law Practice Section Meeting Noon

LCBA Executive Council Meeting 5:15 – 6:15 p.m., Conference Room, Roetzel & Andress, PA

December 18

Lawyers Behaving Badly: Latest Trends in Florida Bar Discipline

10 - 10:50 a.m., Burroughs Home & Gardens McBride Pavilion, 2505 1st Street. Speaker: Robert Klein.

Presented by Parvey & Frankel

December 18

Ethics and Professional Pitfalls in the Chronology of a Probate Dispute

11 - 11:50 a.m., Burroughs Home & Gardens McBride Pavilion, 2505 1st Street.

Presented by the Real Property, Probate & Trust Law Panel. Kenneth E Kemp, II & Matthew Linde, Co-Chairs

December 18

Annual Membership meeting

Noon – 1 p.m., Burroughs Home & Gardens McBride Pavilion, 2505 1st Street

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

10

RES GESTAE | November 2015

Join the Lee County Bar Association in celebrating the yearâ&#x20AC;&#x2122;s end at our

ANNUAL HOLIDAY PARTY December 9, 2015 6:00 p.m. to 9:00 p.m.

Burroughs Home & Gardens

2505 First Street, Fort Myers, 33901

Special sneak peek at Burroughs Home Holiday Decorations included!

Please R.S.V.P. by December 1 to Lisa Poulin at admin@leebar.org, call (239) 334-0047 or register online at www.leebar.org COST: $10 donation to Holidays in January for our Young Lawyers Division

Ethically Speaking

AMENDMENT TO RULE 4-1.5(E) NONREFUNDABLE FEES AND RETAINERS

By Henry Lee Paul, Esq. On September 17, 2015 the Florida Supreme Court amended Rule 4-1.5(e), effective October 1, 2015.

The Rule requires that “A fee for legal services that is nonrefundable in any part shall be confirmed in writing and shall explain the intent of the parties as to the nature and amount of the nonrefundable fee.” The Court adopted the suggested amendment by The Florida Bar and added the following definitions in an attempt to clarify the terminology in relation to nonrefundable payments: (2) Definitions (A) Retainer: A retainer is a sum of money paid to a lawyer to guarantee the lawyer’s future availability. A retainer is not payment for past legal services and is not payment for future services.

(B) Flat fee: A flat fee is a sum of money paid to a lawyer for all legal services to be provided in the representation. A flat fee may be termed “non-refundable.”

(C) Advance fee: An advanced fee is a sum of money paid to the lawyer against which the lawyer will bill the client as legal services are provided.

The definitions are consistent with and intended to codify Ethics Opinion 93-2, which deals with nonrefundable payments.

There has been much confusion over the meaning of “retainer” and related terms. Although the Court has sought to clarify this confusion it did not end the confusion because the definitions are not comprehensive.

Despite the addition of the definitions to the rule, it is the intent of the lawyer and client that is the most important consideration in determining whether funds should be deposited in the trust account or operating account. The

12

RES GESTAE | November 2015

Ethics Committee confirmed this and stated in EO 93-2 that, “trust accounting questions should be analyzed not by the application of labels, but by considering the purpose of the subject funds in light of the facts and circumstances attending their payment.”

There are permissible nonrefundable fee arrangements not referenced in the new definitions. For example, a lawyer may charge a nonrefundable fee that will be credited against legal services performed, provided the client agrees. If the client agrees, such a fee may be considered earned upon receipt and deposited directly into the operating account. Although this arrangement is not specifically referenced in the new definitions, it is not prohibited. However, it is the burden of the lawyer to prove that the client was aware and approved of the amount and nature of the nonrefundable fee.

Any advance for cost money should be kept in trust. This must be considered whenever a flat fee is charged to include fees and costs. In such event the fee must be kept in trust until earned. It is suggested that the issue of how much of the flat fee should be retained for costs, and when the legal fee is earned, be specifically addressed for any flat fee agreement. Otherwise, a lawyer may be compelled to maintain the entire fee in trust until the conclusion of the representation. See also, The Florida Bar News, “Commonly Asked Questions About Trust Accounts,” September 1, 2010.

It should be remembered that any nonrefundable fee is subject to evaluation as to whether the fee is reasonable or clearly excessive. This is often a concern in criminal cases when a large nonrefundable fee is charged. 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.

Tort Litigation Practice Section

The Travels of a Tort: Pleading Civility

By PJ Scheiner, Esq.

Do you know your professionalism ABC’s? If you are reading this publication as a tort law practitioner in Lee County, the answer is almost certainly yes. We are blessed with a local bar that believes civility matters, and a judiciary who makes it matter. Although we can no longer call ourselves a small town - my father likes to share that 44 years ago when he established his practice in Fort Myers there were just over 110 attorneys in our county while today’s LCBA membership alone eclipses 900 - our values are solidly rooted in the small town principles of collegiality, fair-dealing, and respect for your peers. While local standards of professionalism (Standards of Professional Courtesy and Conduct for Lawyers Practicing in the Twentieth Judicial Circuit, a wonderful guideline that should be disseminated to and repeatedly re-read by attorneys, paralegals, and scheduling assistants alike) are not unique to the 20th Judicial Circuit, our jurisdiction’s respect for its mandate is a credit to the membership of our local bar.

Despite our bar’s collective commitment to civility and collegiality, most who have practiced in the litigation arena know that it is all too easy to lose oneself in the adversarial, zero-sum contest of litigation. The expression that we are “fighting” for our clients is often quite apt, even as most experienced litigators know that contentiousness is never a necessary component of litigation success (and is instead, often, anathema to any form of sustained success). Maintaining a commitment to civility and professionalism in the face of contentiousness and incivility is often far more difficult than giving the obstreperous opponent “a dose of their

14

RES GESTAE | November 2015

own medicine.” And most of us know that not all litigators share the commitment to always be civil (there are common geographically-oriented expressions shared by lawyers and court-reporters for some of the more contentious and obstreperous members of our profession).

That which is taken for granted is often lost, and for that reason one of the central tenets of the Torts section is to promote civility and to stem advances of antagonism, incivility, or sharp practices in our legal community. Lead by visitors from the bench who have addressed our judiciary’s commitment to maintaining the high standard of practice and professionalism that defines our legal community, Torts section meetings provide an opportunity to collaborate on civility, professionalism, and a myriad of substantive issues affecting tort practitioners.

In closing, I would like to share the wedding blessing of my wedding officiant, past president of the Association of Florida Trial Lawyers and prior LCBA Torts section presenter John Romano: Life is but a mirror, of all we say and do. So give the world the best you have, and the best will come back to you. We look forward to seeing you at our next Torts Section meeting. RG

Preston (PJ) Scheiner practices with his father at Associates & Bruce L. Scheiner, Attorneys for the Injured, where he is responsible for litigating and trying serious or catastrophic injury cases. He received his undergraduate degree from Amherst College and attended law school at the University of Miami, where he graduated cum laude.

Thanks to our Speakers in the Schools As happens every year in celebration of Constitution Week, dedicated LCBA members ventured forth into our local schools to educate students on the history of our country’s most important document and elicit spirited debate about the freedoms it guarantees. We offer thanks to the following attorneys who gave of their time and passion to help engage and challenge our next generation of citizens, from Challenger Middle to Estero High for a total of eight local schools. With the energy these 11 attorneys, including Chair James O’Leary generated, we’re sure next year will be even bigger. Thank you to: Richard Akin Scott Beatty Anais Bimonte Miguel Fernandez Scot Goldberg Vernon Guirguis

Eviana & Steven Martin Lisa Musial Jim O’Leary Stu Pepper Kelley Provo

Photo: Jim O'Leary speaking to students at Estero High School

YOU CAN REFER WITH CONFIDENCE! Recent Reported Decisions

Dellutri Law Group's Areas of Practice

November 2015 | RES GESTAE

15

Art Happenings

Alliance for the Arts ~ New Season, New Benefits!

By Lydia Black

The 2015-16 Season is here and we have

CAMPUS ENRICHMENT PROJECT

so much to celebrate! We have a refreshed image, a bold new vision for our campus and an exciting season featuring exhibits, performances, art classes, festivals, artist studio tours, and a host of year round arts activities for all ages! We are excited to connect YOU to the best of arts and culture and the people who make it happen! Here are a few highlights:

Our new Campus Enrichment Plan is an ambitious and exciting effort to move the Alliance into the future and take our ten-acre campus to the forefront of creative art spaces in Southwest Florida. Consider contributing to the Rauschenberg and L.A.T. Foundation Challenge grants!

ECONOMIC IMPACT STUDY The arts inspire and entertain us, but what is less known is that they are a crucial aspect of our economy. We are excited to participate in Americans for the Arts – Arts & Economic Prosperity in 2016. Study results will continue to demonstrate the positive economic impact made by our local nonprofit arts community.

Stay informed about new classes and events at ArtInLee.org or come by for a visit! We have an amazing team of staff and volunteers ready to answer your questions! RG

NEW EXCLUSIVE MEMBER BENEFITS Continue to save 20% on art classes, 10% off gift shop purchases, program discounts and exhibit opportunities. But wait…there’s more! This Season we are kicking off ALLIANCE INCENTIVES – a program designed to offer our members discounts from participating partners including restaurants, arts organizations and retail stores. We have also added special monthly offers and member-only events including a Rauschenberg Studio Tour, Holiday Party, Wine & Art Night, and Family Bingo!

16

RES GESTAE | November 2015

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

TOP 10 BEST KEPT SECRETS OF A VALUED LEGAL PARTNER

ACTIVE EMPATHY The accurate and sensitive understanding of a client’s needs, pressures and priorities which ultimately guides decisions, behaviors and interactions.

Synonyms: one-mindedness, compassion, connection, thoughtfulness, compatibility Uncover more secrets to true law firm partnership at

KnowGreaterPartnership.com F ORT L AU DER DALE | FORT MYERS | J AC KSO N VI LLE | MI AMI | TALLAHASSE E | TAM PA California | Colorado | Delaware | Florida | New Jersey | New York | North Carolina | Pennsylvania | Virginia | Washington, DC

Best Nurses Award 2012 & 2013

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

Fort Myers / Naples 1st Home Health Agency • 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 November 2015 | RES GESTAE

17

Pro Bono Awards Honorees “…to respond to needs outside themselves, to help repair tears in their communities.” This is U.S. Supreme Court Justice Ruth Bader Ginsburg’s mandate to attorneys to live up to the obligation their privilege, status and “monopoly on certain services” affords. She may have been singing to the choir when she made these remarks at the 2014 Pro Bono Institute Annual Conference, but her words were certainly balm to the initiated. As they should be to those among our ranks. It is with admiration and gratitude that the LCBA recognized the following members at the annual Pro Bono Awards luncheon in October. More gratifying, certainly, would be for their example to inspire more of their peers to do even more to “respond to needs outside themselves.” Congratulations to: Albert L. Alguadich • Vera Bergermann • Bill B. Berke • Karla Campos-Andersen • Arlene C. Chase Lori W. Clifford • Ashley N. Czajkowski • Theresa Daniels • Anthony N. Deluccia, Jr. • Joshua O. Dorcey Kathy Dupuy-Bruno • Daniel J. Endrizal, III • Kelly L. Fayer • Norma Hand Brill • Ellie K. Harris Harry A. Heist • Rosemary Hill-Baitson • Kim E. Howard • James E. Kerr • Diana L. Krueger Natalie C. Lashway • Allen J. Levin • Jess W. Levins • Danielle M. Levy • Jason M. Lucas • Cathy L. Lucrezi Amy L. McGarry • Lance M. McKinney • William P. Meehan • John B. Mizell • Roger O'Halloran Antoinette M. Peck • The Hon. Gilberto Perez • Melody P. Porter • David C. Potter • Beth A. Prather Kathryn E. Pugh • Eric A. Reyes • Jenny C. Seltzer • Paul B. Seusy • Stacy L. Sherman • Katheryn Smith Calvo Mary Vlasak Snell • Steven C. Spence • David E. Steckler • Chene M. Thompson • Barbara M. Trescott Claudia M. Volk • Phyllis A. Walker • Elizabeth A. Wolt • Robert D. Young.

Virtual Offices & Conference Room Packages Attorneys Jess W. Levins, Esq. Scott A. Cummings, Esq.

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

NO COMMITMENT! NO OVERHEAD! Take your law firm to the next level...

Looking for a meeting place for arbitration, litigation, or mediation? Take advantage or our competitively priced Virtual Office Packages and/or Conference Room Packages in Fort Myers & Naples. Booking the conference room, wireless hotspot bar or virtual office space is EASY through our online booking and availability webpage.

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...™ 18

RES GESTAE | November 2015

Bonnie Popescu, Property Manager 239.603.7722 15050 Elderberry Lane, Fort Myers, FL Bonnie@fhrpropertymanagement.com www.FHRPM.com

WILL/ESTATE PLANNING DOCUMENTS SEARCH Please review your records and contact David Platt, Esquire, if you have any information concerning the following, a last will and testament or estate planning documents for: Diane M. Caro • 2547 SW 27th Ave. • Cape Coral, FL 33914 Date of Birth: 1/6/1944 (Age 67 at death) • Date of Death: 7/27/2011

David.platt@henlaw.com 239.344.1355

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

November 2015 | RES GESTAE

19

Cedric Hall: Project Veterans This nation will remain the land of the free only so long as it is the home of the brave.

~ Elmer Davis, Director of the United States Office of War Information during WWII

”As a child I loved art,” said Attorney Cedric Hall, “I still love art, and photography is my medium.” His passion really took root while overseas with the military. As a Desert Storm veteran and Lee County Attorney whose professional identifier is Your Southwest Florida Advocate, Hall is also passionate about veterans. He recalls a client he represented once in a traffic case. During their consultation the topic of PTSD came up. “When vets come back from overseas, a lot of them don’t know about the support systems that are in place. I

like to raise awareness anywhere I can.”

So when LCBA President Anne Dalton approached him and asked if he would do a photographic project to honor veterans, it was easy to say yes. “It was something I had always wanted to do,” he said.

“Then the light went back on.” Perhaps the biggest support system veterans have is the camaraderie they always feel toward one another. The gentle respect with which Hall treats his photographic subjects conveys the sense that all the fellow vets he meets are just like a brother or sister to him. RG

Photographer Cedric Hall, born and raised in Fort Myers, where he is a solo practitioner focusing on personal injury.

These photographic selections represent just the beginning of his Project Veterans. For more information about the project, contact cedric@yourswfladvocate.com.

20

RES GESTAE | November 2015

Photo left: Combat Infantry Association these gentleman were meeting to discuss an annual event with the local school system to honor veterans, called Pride & Patriotism of Lee County - (L-R) Korean War Vet Major Daniel R. Sankoff, Colonel Bert Kurkland, Purple Heart Recipient Jack Wagner - the Commander of Pride and Patriotism of Lee County and Vet Gary Fischl, who served in the Gulf after September 11, 2001.

Photo right: Colonel Bert Kurkland is a veteran of WW II who served in the Special Forces.

Photo left: Folding of the United States flag at the funeral of U.S. Army veteran Arthur Marion who was laid to rest on October 9.

Photo right: Fred White - Mr. White served in The United States Army with 7th Battalion 9th Artillary 54th Group.

He served from 65-67 and had one tour in Vietnam. He also taught school in the Lee County School system for 37 years. One of the things that he remembers while in the service was the brotherhood, as well as the resilience of his fellow soldiers.

Photo right: Enrique Rosario - Enrique works at the Pretrial Services in the Lee County Justice Center. He served in the Navy from 1979-1082. He served as a fireman on the USS Yellowstone AD-41.

He was a plankowner – a member of the original crew that served on a ship.

Photo left: Cedric's last day in the field.

Photo right: Gary Ray Harness - I met Gary Downtown Fort Myers, he is a veteran of the United States Navy. He served in 1972 in San Diego. Gary is an illustrator who worked as a fireman while in the Navy.

November 2015 | RES GESTAE

21

CALL FOR MEMBERS SOUTHWEST FLORIDA FEDERAL COURT BAR ASSOCIATION The Southwest Florida Federal Court Bar Association invites new members to join by signing up at its new website: www.swflfedbar.org.

Still in its inaugural year, the Southwest Florida Federal Court Bar Association has grown to more than 100 members and offers many opportunities to interact with our federal judges in an informal setting. The purpose is to strengthen federal practice in Southwest Florida by educating 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.

Upcoming events include: • Chambers Lunch with the Honorable Caryl E. Delano, Nov. 18 • Holiday Member Social, Dec. 3 • Chambers Lunch with the Honorable Mac R. McCoy, Dec. 10 • 2015 Updates to the Federal Rules of Civil Procedure and Ethics CLE presented by a member of the Advisory Committee on Civil Rules, Jan. 28 Members will also be kept up-to-date on issues facing federal practitioners via email announcements.

Contact Sharon M. Hanlon with any questions at shanlon@zelmanandhanlon.com or (239) 449-8421.

Standard Six-Day Transcript Delivery Serving Lee, Collier & Charlotte Counties Depositions, Hearings & Mediations Courtsmart Transcription Conference Rooms Available for Mediation Realtime • Free Wireless Access • Videographers Video Text Sync at No Charge • Interpreters

www.meritcourtreporting.net 239.481.1300

Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts

South Fort Myers: 6213 Presidential Court, Suite 100 • Fort Myers, FL 33919 Downtown: 2022 Hendry Street, Suite 104 • Fort Myers, FL 33901 Naples: 1415 Panther Lane • Naples, FL 34109 22

RES GESTAE | November 2015

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

Touch

Taste

See

Hear

Smell

Conric. Marketing that makes sense.

239.690.9840

ConricPR.com

KEMPTON P. LOGAN Certified Mediator/Arbitrator • Certified Circuit-Civil / and Federal Mediator since 1991 • Panel Arbitrator, American Arbitration Association and 20 th Judicial Circuit • Over 30 years civil litigation experience in Southwest Florida, including Personal Injury, Contract, Partnership, Real Estate, Insurance, and Probate.

• Available for Court ordered or private arbitration.

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

November 2015 | RES GESTAE

23

Community Connection

By Sara Fitzpatrick Comito On October 3, 13 members gave up a sizable chunk of their Saturday to offer much-needed free legal advice to veterans, active military personnel, police officers and firefighters at the inaugural Veterans and First Responders Legal Clinic. Spearheaded by LCBA Secretary Kelly Fayer, the event was presented by the Pro Bono Committee and held at the southwest Florida Military Museum and Library in Cape Coral, which is home to the Invest In America’s Veterans Foundation (IAVF). The museum’s mission is “to honor our soldiers, preserve military history and to educate today’s and future generations about the true meaning of military service and sacrifice.” Freedom is not free.

However, admission to the museum is.

Displays range from the Revolutionary War and the Civil War through the conflicts in Afghanistan and Iraq, and consist of artifacts donated by the military and generous individuals. They have been catalogued, repaired, cleaned and prepared for public viewing during several

thousands of staff and volunteer hours over the last few years.

The collection is a physical manifestation of the many folks who have been helped

by IAVH. Quite simply, the foundation exists to offer help from veterans to veterans. From homelessness and hunger to difficulties navigating GI benefits or getting proper medial care from the VA, said President Ralph Santillo, “Whatever their problems are, we try to resolve them.”

Employment, resources for counseling and opportunities for socializing with other veterans all fall under the umbrella of the foundation’s outreach services. Learn more about all of its services at veteransfoundation.org.

Attorneys, like those at the October 3 legal clinic, are in a unique position to help.

“We at the foundation serve hundreds of veterans every month. Many come here with legal problems that we can resolve.

At times we have the services of Legal Aid, but that is not sufficient,” said Santillo.

Left photo: Army Medic Jeep.

Above photo: back row - Michael Randolph, Kelly Fayer, Steve Teuber, John Webb, Marc Weiner, Chris Crowley, Spencer Cordell. Front row - Christine Wright, Stephanie Teuber, Blaze Douglas, Nick Napolitano, Anais Bimonte, Anthony Norman, Aaron Cilek.

Right photo: museum tour.

24

RES GESTAE | November 2015

“There is never enough help in the legal field available to veterans who are living on limited incomes.”

Over time, veterans who have connected with the foundation have donated artifacts of military history, including uniforms, newspaper clippings and medals. In 2012 the foundation moved from its original 3,000-square-foot location to the former Sweetbay building in South Cape Coral, which offered more than 10 times the space. Santillo imagines the museum as something his great, great grandchildren will take pride in a quarter century from now as a legacy of caring, something he started, along with a dozen other veterans that became friends.

Sponsorships, donations, events and volunteering are a few ways to get involved to help serve those who have given so much to serve us all. Admission to the museum is free, as are the services provided by the foundation to veterans.

Learn more at swfmm.org. RG

This November 2015 issue marks the 5th Anniversary for the Lee County Bar's Res Gestae magazine, at least in its current glossy magazine format and style. Res Gestae started off as a printed newsletter more than 30 years ago. Believe it or not, LCBA staff labored to produce the print newsletter in house. Staff printed the newsletter on their in office copy machine and then hand stapled each and every copy, often working overtime into the evening hours and on weekends. The mostly black and white newsletter contained a calendar of events, Florida Bar news updates, CLE information, a guest editorial and advertisements. The cover of each issue often showcased a photograph of exotic birds.

In June 2010, Andrew Epstein who was the LCBA President at the time, along with the former LCBA Executive Director, met with CONRIC Publishing to discuss opportunities to improve the quality and professionalism of the bar's monthly publication. After a few months of discussion and planning the executive council signed an agreement with CONRIC Publishing to outsource the publishing of what you see today, the NEW Res Gestae magazine. As each year goes by, and a new LCBA president takes the helm, subtle changes in content and design have been made. In fact, in John Agnew's year as president (2014), the magazine won three local and statewide awards and recognitions.

In 2015 Res Gestae was recognized, along with the new LCBA electronic newsletter and website, as a top combined communication tool in the industry. Res Gestae is a professional magazine for members about members, providing quality content on legal news - including relevant articles from practice sections throughout the year - recognizing members' accomplishments and furthering the professionalism of the LCBA. Res Gestae has become somewhat legendary among the state's voluntary bars, owing to the dedication of members who seek to constantly "raise the bar" for their organization. In that spirit of collaboration, join us in toasting your accomplishments over the years, and all that we have to look forward to in the next five. On that note, do you have an editorial gem or idea to contribute? Email resgestae@leebar.org.

November 2015â&#x20AC;&#x201A;|â&#x20AC;&#x201A;RES GESTAE

25

Legal Lens

Kimberly Davis Bocelli, Anthony Norman, Shannon Puopolo

Candice Smith, Anais Bimonte, Blaze Douglas, Joel Hyatt Erin Houck-Toll, Priscilla Kovalsky, Bob Murray, Jan Fifer

Appellate Law CLE and membership meeting with Stacy Sherman, Margaret White-Small and Keith Upson, and Constitution Week Luncheon with Golf Tournament check presentation to Alliance for the Arts. Featured charity: Special Equestrians. Sponsor: FindLaw.

Judge Tara Paluck, Judge Amy Hawthorne

Judge Archie Hayward, Spencer Cordell

John Agnew, Scott Atwood

Debra Meisenberg Leoci, Brandi Couse, Lydia Black, Kimberly Davis Bocelli, Anne Dalton

Cynthia Duff, Kelly Fayer, John Webb, Connie Ramos-Williams

26

RES GESTAEâ&#x20AC;&#x201A;|â&#x20AC;&#x201A;November 2015

Frank DeVito Photos courtesy of Jim Jett Photography

Henry Lee Paul, Nirupa Netram, John Webb

Stacy Sherman, Margaret White-Small

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 Jursinski Murphy, LL.M. Real Estate Development

Protecting the Future of our Clients

Don’t Litigate...Mediate

Take a break from the Ordinary

Mediation & Arbitration

Personal Injury • Wrongful Death Commercial Litigation

Ron Buschbom Member of Florida Bar & Lee County Bar Certified Circuit Court Mediator Qualified Court Appointed Arbitrator 35 years of invaluable experience Offers unique one-call system for scheduling of all parties

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

Buschbom-Mediations.com

Try the Extraordinary 239-332-2065 Lunch Mon - Fri Dinner Mon - Sat Closed Sunday Valet Service Reservations Recommended

Extraordinary Since 1978

Downtown Fort Myers River District www.verandarestaurant.com

November 2015 | RES GESTAE

27

The Dish

D

id you know that Fort Myers has a new Film Office to highlight the region as a great place to make movies and to provide the services moviemakers need? I’ll offer that bureau some sage advice: if ever a producer were to inquire about the best place in Southwest Florida to film a bustling Italian restaurant scene, said producer should consider just one place: Ariani. Don’t be dissuaded by the non-descript Cape Coral strip mall location off Del Prado; beyond the ornate double doors lies something special. That movie producer will also be delighted the mural-clad location comes replete with a larger-than-life chef, singing waiters and platefuls of authentic northern Italian fare. Who needs Central Casting when we have Chef Dario?

With his poofy chef’s hat, broad bearded grin, deep belly laugh and avuncular manner, Dario Zuljani’s jubilance is infectious and seemingly at odds with the irony that inflects much of modern chef culture. His staff is enthusiastic, including our waiter, Eddie, who has been with the establishment for 15 years. The team of fleet footed servers ceased their practiced choreography only to speak convivially with guests or gather, one and all, for a rendition of “Happy Birthday” that was convincingly rousing, even if for the umpteenth time that evening.

On the occasion of my visit, Ariani was indulging in an extended birthday celebration of its own. Families and friends have been gathering at the restaurant for 26 years, where today we can enjoy something that has sadly become a vestige of the Italian-American past.

Many families no longer live in the same town, so it’s nice that Dario can provide the modern equivalent of

28

RES GESTAE | November 2015

the traditional Sunday dinner, with the added advantage that it’s available six nights a week. On Sunday you’ll have to go see your nana, or adopt someone else’s.

If your nana is in town, take her to Ariani. Just don’t tell her the meatballs there are just as good as she always made. “I will not brag,” Dario exclaimed to the family seated behind my husband and me in an innocently unintentional contradiction, “but yes, our meatballs are really some of the best.” In addition to the earnest person of Dario, using fresh ingredients, applying traditional tried-and-true methods and stacking customers’ plates as if concerned where their next meal might come from have earned Ariani a dedicated fan base.

A rare, old-world respect for the traditional role of restauranteur also seems part of Dario’s longevity. Servers are not so fleet-footed when they don’t enjoy the work or like the boss. A native of the Istrian peninsula, which has seen its share of political upheavals and blending of food cultures, Dario began cooking aboard passenger ships in the 60s and traveled the world for three years. He later had the Top left photo: Filet Mignon Wellington Bottom left photo: Homemade fresh Mozzarela "alla Caprese"

The Dish opportunity to learn from compatriot celebrity chef Lidia Bastianich in New York. He’s also sponsored and employed more than 150 émigrés from Istria, Croatia and Bosnia. Eddie, for instance, also enjoys a role as part-time chef for the restaurant.

From the delicate, vibrant antipasto salad, to the just-right fried calamari with brightly ripe tomato sauce to the rack of lamb rib chops with unbelievably creamy Istrian mashed potatoes to the lasagna Bolognese, all paired with a food-friendly red wine, my ordinary Friday night was made much less so. And it wasn’t even my birthday (when

my entrée would have been 50% off – also: free cake!).

So, who has something to celebrate? RG

Top left photo: Brodetto Istriana, Zuppa Frutta di Mare Bottom left photo: Crab Meat Stuffed Tilapia Photo right: Tiramisu with white chocolate

Ariani 1529 SE 15th Terr., Cape Coral~Del Prado Mall (239) 772-8000 • www.ariani.com 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.

LOCATED DIRECTLY ACROSS FROM THE COURTHOUSES

AMBIANCE Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Happy Hour 5:00 pm – 7:00 pm Thursday - Saturday Marketing | Publishing, and associate editor Come and view our new renovated Lobbyof Res Gestae magazine. For suggestions and Live Music • Art and Music Walk • Great Roof Topcomments Bar on this regular feature, contact Sara at Sara@ConricPR.com.

www.hotelindigo.com/fortmyerss • Phone 239-337-3446

Hotel Indigo Downtown River District • 1520 Broadway Ave, Suite 100 • Fort Myers, FL 33901 November 2015 | RES GESTAE

29

On the Bench Hon. Jack Weiss “The cream rises to the top. There’s always room for good lawyers,” said a family friend when the Hon. Jack Weiss was growing up. The brother of the recently appointed Judge of Compensation Claims became a doctor, and their father seemed to like the idea of having two doctors in the family. The judge did pursue a pre-med liberal arts track, but decided law was his true calling during his second year. That education has nonetheless come in handy when dealing with physicians serving as expert witnesses.

For more than 21 years he represented parties in workers’ compensation claims. “So getting to see it from the other side has been a good challenge and learning experience,” said the judge. Born on Long Island and raised in Miami, he was charged in 2012 with heading up the workers’ compensation practice at the Fort Myers office of Conroy Simberg, the firm where he got his start in compensation claims in the 90s. Having later spent many years in the Tampa-St. Pete area, he now enjoys living in Southwest Florida.

He also enjoys being part of the legal community in Lee County, although its geography presents certain challenges to the local bar in terms of cohesiveness. “One of the issues the LCBA has is that there are a handful of local firms, but also a lot of satellite offices of law firms from other regions.” While those firms might be great supporters of the voluntary bars in their home locations, satellite offices often don’t have the autonomy or resources to contribute to their area bar’s fundraising efforts.

Lawyers who appear before Judge Weiss would do well to pay attention to the requirements under the rules for e-filing of documents and exhibits in a timely fashion, and to furnish a trial memorandum. He cautions, as well, “Some lawyers may rely too much on closing argument, rather than written argument.” Anyone who might be interested in creating a Workers’ Compensation Practice Section for the LCBA is invited to contact the judge at Jack.Weiss@doah.state.fl.us.

When not at work, the judge likes bicycling and reading spy novels and political thrillers.

Eric L. Brown

Dale W. Klaus

Amy S. D'Alessandro

Ethan M. Knott

Law Office of Eric L. Brown

Klaus Doupé, P.A.

Aloia, Roland & Lubell, L.L.P.

U.S. District Court for the Middle District of Florida

Jennifer Fisher

Ronnie Lamm

Student

Suffolk County New York District Attorney

Eric A. Fluharty

Jennifer Lucas-Ross

Carol A. Granoff

Stephanie C. Russell

Public Defender's Office

Ave Maria School of Law

State Attorney's Office - 20th Judicial Circuit Jeffery Hurcomb

Roberts, Reynolds, Bedard & Tuzzio, PLLC

30

RES GESTAE | November 2015

Looking for an Expert Witness in Domestic/Family Violence or PTSD/Trauma?

LAURA STREYFFELER Ph.D., LMHC, B.C.E.T.S., CCDVC, CCFC Dr. Laura has been certified by the court to provide expert testimony in domestic relations, criminal, civil and dependency cases and has also provided court assessment and consulting services in addition to her private counseling services.

Listed as an expert witness in the National Center for Crisis Management in Collaboration with the American Academy of Experts in Traumatic Stress.

Professional Training & Workshops Available for Legal Professionals.

2204 Brevard Avenue • Fort Myers, FL 239.822.1699 • DrLaura@DrLauraCounseling.com • DrLauraCounseling.com MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:

>>

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

(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

November 2015 | RES GESTAE

31

From the Bar Theresa Daniels, Esq. Theresa Daniels is firmly rooted in Southwest Florida. Her mom was born on a barrier island near Cayo Costa, and her dad was born at the old sawmill off Slater Road in North Fort Myers. Growing up in commercial fishing families, she and her husband have known each other all their lives. From their home base on Pine Island, her father moved the family back and forth to Marathon and later to Fort Pierce, depending on the season. “Rarely did I stay in one school for the entire year.” Her fondest memories are the many days and nights she spent on the water. “We never had the fanciest boat at the beach, but we probably had the most fun.”

Today, she’s still constantly on the go and likes taking on new challenges, such as practicing shooting her compound bow. Her husband works out of town during the week, and her youngest child is a junior in high school. She holds leadership positions in the LCBA, along with the Lee County Legal Aid Society and Lee County Association for Women Lawyers, and volunteers for Teen Court. She’s also growing her solo practice, which she opened in July, focusing on family law and social security disability. “I am fortunate in that my practice is taking off and things are going well,” she said. “I have already expanded my office space to accommodate an assistant and plan to expand again and add a second staff member within the next six months.” In addition she recently obtained her life and health insurance license, and she’s excited to be building two successful businesses at once.

Daniels said, “It can be heart-wrenching to watch children being used as pawns in the process, and to see how two people who used to love each other can treat one another. It sure makes me appreciate what I have.” She enjoys providing peace of mind to clients who are dealing with life-changing events in both her family law and Social Security disability practices. “There is no greater reward than having clients give you a hug when they leave your office,” she affirmed.

Sunday is dedicated to family, and is the one day when life slows down.

DONNA TISCH M E D IATIONS • ARBITRATIONS “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 Schedule Mediations and Arbitrations Online at

DonnaTisch.com 239.826.3644 32

RES GESTAE | November 2015

Geraghty, Dougherty, Edwards, P.A.

Osterhout & McKinney, P.A.

Aloia Roland & Lubell, LLP

Goldberg, Racila, D’Alessandro & Noone, LLC

Parvey & Frankel Attorneys, PA

Arend & Sisk, P.A.

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

Associates and Bruce L. Scheiner, P.A.

Green, Schoenfeld & Kyle, LLP

Prather and Swank, P.A.

Bonita Springs City Attorney’s Office

Grossman Law & Conflict Management

Boyle Gentile & Leonard, P.A.

Hahn Loeser & Parks LLP

Absolute Law

Patrone & Kemp, PA Pavese Law Firm Roetzel & Andress, L.P.A.

Buchanan Ingersoll & Rooney PC

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

Burandt, Adamski & Feichthaler, P.L.

John Webb Legal Group, P.L

Rubinstein, Holz & King, P.A

Calvo & Calvo

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

Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.

Coleman & Coleman

Knott Ebelini Hart

Spivey Law Firm, Personal Injury Attorneys P.A.

Cole, Scott & Kissane, P.A.

Kuhn Law Firm, PA

Steinberg & Linn, P.A.

Cole Scott & Kissane, P.A., Bonita Springs Office

Kushner & Kushner Lee County Legal Aid Society, Inc.

Strayhorn and Persons, P.L.

DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Engvalson & Associates, P.A.

Maughan Law Group

Levins & Associates, LLC

Toll Law Viles & Beckman, LLC Webb & Scarmozzino, P.A.

Florida Rural Legal Services

McQuagge Law Firm

Fort Myers City Attorney’s Office

Men’s Rights Law Firm

Weldon & Rothman, P.L.

Fried & Fried, P.A.

North Law Firm, P.A.

The Wilbur Smith Law Firm, PLLC

Garvin Law Firm

O’Halloran & O’Halloran, Attorneys at Law

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.

November 2015 | RES GESTAE

33

From the Bar Beth Vogelsang When Res Gestae caught up with Beth Vogelsang she had just returned from an intensive five-day boot camp at John Newcombe’s Tennis Ranch in Texas. “It tested my physical endurance,” she acknowledged. As a special treat the group was regaled with war stories from the Grand Slam champ himself.

Vogelsang was recently appointed to the Executive Council at Henderson, Franklin, Starnes & Holt, where she is a family law litigator. Her primary objective in the new leadership position is to anticipate the legal needs of the communities the firm serves and bring on new attorneys accordingly. Vogelsang worked in small and solo firms for many years, and when she and her husband moved from Miami as empty nesters in 2010, Henderson Franklin became her first large firm. “I like to think I bring a different perspective,” she said.

Much of her perspective comes from her father, with whom she practiced for her first 10 years. He just turned 80 and still lives on the east coast. An only child of immigrant parents, he began his own working life as a paper boy to support the family. From there he embarked on a career as an insurance adjustor and figured he could do what he saw the lawyers in that company doing, so he went to law school. She characterizes him as a “fierce legal advocate,” who still gets into the courtroom occasionally.

As a young litigator, she enjoyed her father’s open door policy and getting early courtroom experience by his side. For young attorneys who might shy away from litigation, Vogelsang cited a singular kind of adrenaline rush. She said, “Don’t knock it until you try it.” Preparing for litigation is like prepping for a marathon with plenty of planning that also leaves room for improvisation.

Helping someone through the trauma of divorce is its own reward, but so is the quality of life here, compared to Miami. “It’s just such a breath of fresh air,” she said. “The local attorneys are so welcoming, and so is the social community. It’s a different life than just 90 miles away.”

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 34

RES GESTAE | November 2015

WWW.VONAHNASSOCIATES.COM

FAX: 239-332-4066

最攀琀 猀洀愀爀琀 戀愀椀氀 戀漀渀搀猀 夀伀唀刀 䄀⬀ 䌀䠀伀䤀䌀䔀 䤀一 䈀䄀䤀䰀 䈀伀一䐀 匀䔀刀嘀䤀䌀䔀匀

A comprehensive bail bonding service available to your client 24 hours a day 7 days a week.

Serving all of Florida & most other states!

Any Court, Any Time, Any Where Associated with Expert Bail, we deliver the necessary documents to get your client released as quickly as possible.

Nancy Kelly Scafuri - nancykelly305@gmail.com Main: 239.334.0044 • Cell: 239.443.6404 • Fax: 239.226.0001

䜀攀琀匀洀愀爀琀䈀愀椀氀䈀漀渀搀猀⸀挀漀洀 ㈀ 㐀㜀 䴀挀䜀爀攀最漀爀 䈀氀瘀搀⸀ ∠ 䘀漀爀琀 䴀礀攀爀猀Ⰰ 䘀䰀 ㌀㌀㤀 ㄀

Mediation of Insurance Coverage and Extra Contractual Matters Anywhere in Florida

Get the legal advertising service you deserve

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.

PUBLISH YOUR LEGAL NOTICE WITH THE BUSINESS OBSERVER Coverage in 10 counties:

Geoffrey H. Gentile, Esq.

Sarasota, Lee, Manatee, Collier, Hillsborough, Pasco, Pinellas, Charlotte, Polk and Orange

Statewide Experience:

Low, Competitive Flat Rates Superior Customer Service Online Verification Electronic Invoicing and E-filing Capabilities Qualified Legal Status

• 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

BoyleGentilelaw.com

Bar members only.

LV10752

2050 McGregor Boulevard Fort Myers, FL 33901 239-337-1303

BAR MEMBER SPECIAL

Complimentary 13- week trial subscription available.

877•231•8834 subscriptions@businessobserverfl.com mention special code QO15LBA.

941-906-9386 legal@businessobserverfl.com businessobserverfl.com

November 2015 | RES GESTAE

35

In The News ERIN BLUMER has joined the Estate Planning & Administration division at Henderson, Franklin, Starnes & Holt, P.A., and will be based out of the firm’s Bonita Springs office. Blumer concentrates her practice in the areas of domestic estate and tax planning, as well as trust and estate administration. Previously she had an active estate planning practice in Shalimar, Coral Gables and Bonita Springs. Blumer is a member of the Real Property and Probate & Trust Sections of the Florida Bar. Blumer received her Bachelors of Science degree from Florida State University (2000), her Juris Doctorate from Tulane University Law School (2004), and her LLM in Estate Planning from the University of Miami School of Law (2007).

YALE FREEMAN has been selected to serve on the board of directors for Collier Harvest. The non-profit organization, which recovers excess and sale-dated food from area supermarkets and restaurants and delivers it to local agencies that feed the hungry, is currently developing additional programs to help alleviate food insecurity throughout Collier County. Founder of Yale T. Freeman, P.A., which focuses on complex criminal, civil and administrative litigation, Freeman is a former board president of the Harry Chapin Food Bank of SW Florida and executive director of the Food Bank’s Collier division. Among his areas of concentration are the investigation and defense of economic crime, healthcare fraud and real estate fraud.

JEFFREY R. GARVIN has been named the 2016 Fort Myers “Lawyer of the Year” in the practice area of Personal Injury Litigation – Plaintiffs by The Best Lawyers in America. Garvin will also be included in Best Lawyers, which is in its 22nd edition, in the practice area of Medical Malpractice Law – Plaintiffs. This is the third time Garvin has been named “Lawyer of the Year,” and he has been included in the Best Lawyers list every year since he was first selected by his peers in Plantiff’s “Lawyer of the Year” by Best Lawyers. Founding partner of The Garvin Law Firm, he is a Board Certified Civil Trial Lawyer who has litigated catastrophic injury and death cases throughout the country for more than 30 years.

MICHAEL LEHNERT has joined Henderson, Franklin, Starnes & Holt, P.A., as an associate handling real estate matters, including commercial and residential leases, title issues, and purchase and sale agreements. Lehnert served as a summer associate with the firm in 2014. While in law school, he joined the UF Environmental Moot Court Team and the Pi Delta Phi International Legal Honor Society. He also served as Finance Chair of the 2015 annual Public Interest Environmental Conference. Lehnert graduated from Bishop Verot High School and currently resides in his hometown of Cape Coral. He received his undergraduate degree from the University of Florida and his law degree from the University of Florida Levin College of Law. ANDREA PLEIMLING has joined Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Pleimling focuses her practice on personal injury law, personal injury protection, and civil litigation. She will work mainly out of the Fort Myers office. Pleimling was born and raised in Madison, Wisconsin.

She received her undergraduate degree from Edgewood College (summa cum laude) and graduated from Marquette University Law School, where she was a Merit Scholar. While in law school, she served as the president of the Business Law Society, and interned at the Wisconsin Department of Justice and Legal Aid Society of Milwaukee. While in college, Pleimling studied Central European History at Masaryk University in Brno, Czech Republic. She also lived and worked in Koblenz, Germany, prior to attending law school. Pleimling is proficient in German.

CAITLIN POWELL has been selected as the fourth Resident at Law at Laird A. Lile, P.A. Powell earned her J.D. from Florida State University in May and has served as a legal intern with several firms that practice in the area of trusts and estates. A law student affiliate member of the Real Property, Probate & Trust Law Section of The Florida Bar, Powell is past president of the Women’s Law Symposium and was a participant on the Jessup Moot Court Team. She was a contributor to FSU’s annual Journal of Transnational Law and Policy. To transition law school graduates from the classroom to the practice of law, the residency program offers a salary, participation in professional organizations and bar meetings with all fees covered, and hands-on experience.

36

RES GESTAE | November 2015

In The News

Roetzel Partner ROBERT D. PRITT has been certified by the Supreme Court of Florida as a Circuit Court (Civil) and Appellate Court Mediator. Pritt works out of the firmâ&#x20AC;&#x2122;s Naples office and focuses his practice on local government law and litigation. He also practices real estate law with an emphasis on land use and zoning. In addition, Pritt is a licensed real estate broker and instructor.

PAUL ROCUANT has been elected to serve a two-year term as vice president of the Association of Family Law Professionals (AFLP). AFLPâ&#x20AC;&#x2122;s mission is to promote cooperation in matters of family law and is composed of attorneys, financial experts, mental health professionals and mediators.

Rocuant has more than 22 years of experience in family law, including dissolution of marriage, custody, support, paternity, mediation, and prenuptial agreements. In addition to AFLP, he is a board member of Collaborative Professionals of Southwest Florida, past president of Divorce Support Services of Collier County and past president of the Collier County Bar Family Law Section.

Rocuant received his undergraduate degree from the University of Connecticut and his law degree from New England School of Law, Boston. The Rocuant Law Firm was established in 1995 and is located in Estero.

See more LCBA member in the news at www.leebar.org/in-the-news, and remember to send us your news at resgestae@leebar.org.

EXPERIENCED. CONFIDENT. AGGRESSIVE. Attorney Katheryn Calvo

Board Certified Criminal Trial Lawyer

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

239.333.0000

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

November 2015â&#x20AC;&#x201A;|â&#x20AC;&#x201A;RES GESTAE

37

Insurance Recovery Advocates 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.

Michael W. Leonard, Esq.

Geoffrey H. Gentile, Esq.

Mark A. Boyle, Esq.

Amanda K. Anderson, Esq.

Molly A Chafe, Esq.

Justin M. Thomas, Esq.

Ellen C. Smith, Esq.

Alexander L. Brockmeyer, Esq.

Matthew M. Jackson, Esq.

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

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

BoyleGentilelaw.com

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 November 2015 | RES GESTAE

39

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

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

Some things should never change, and the commitment and dedication of your bank is one of them.

As the oldest locally-owned and operated bank in Lee County, we have been here for you for decades with quality service, personal care and local decision making. That is something you can always bank on.

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

Our customers enjoy the cost savings of Free Online Banking and Free Bill Pay, the convenience of an Expanded ATM Network and Mobile Banking.

We make banking about YOU! An Equal Housing Lender • Member FDIC Bank of the Islands is an office of Edison National Bank.

For our convenient locations and services, please visit www.edisonnationalbank.com or call 239.466.1800