Res Gestae - August 2016

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION AUGUST 2016

GENERATION "WHY?" Millennials honor the past while embracing the future of the LCBA

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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.

Mark A. Boyle, Esq.

Michael W. Leonard, Esq.

Amanda K. Anderson, Esq.

Molly Chafe Brockmeyer, Esq.

Justin M. Thomas, Esq.

Ellen G. Smith, Esq.

Alexander L. Brockmeyer, Esq.

Gregory L. Evans, 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

Insurance-counsel.com

Contents AD DIRECTORY

20 Cover Photo: Courtesy of Jim Jett Phorography

features 20 Generation "Why?"

Millennials honor the past while embracing the future of the LCBA

by Sara Fitzpatrick Comito

14

departments 6 Letter from the President

25 Congratulations to APEX

8

Calendar of Events

9

Christina Harris Schwinn & Ita Neymotin

Bench/Bar Gala

26 Super Lawyers & Rising

by Scott Atwood, Esq.

10 Ethically Speaking

by Henry Lee Paul, Esq.

12 Tort Litigation

In search of certainty

by PJ Scheiner, Esq.

14 Advertiser's Spotlight

Merit Court Reporting

16 Judge Chappell earns top

professional honor

nominees

Stars

28 YLD Tryathlon

Fishing with Friends

30 The Dish

Olde Fish House Marina

32 On the Bench

Honorable Vincent Murphy

34 From the Bar

35 100 Club

24 Legal Lens

36 From the Bar

25 Answer the Call

4

Celebrate the Constitution - Become a Speaker in the Schools

RES GESTAE | AUGUST 2016

Luis Insignares, Esq.

38 In the News

IFC 33 32 33 35 28 13 29 37 BC 13 11 34 27 29 27 17 25 37 11 IBC 7 15 32 13 28 14 17 11 17 15 33 3 7 29 5 16 14 7 36 15 7

Kathleen Fitzgeorge, Esq.

18 Board Certified Listing 25 New Members

Boyle & Leonard, P.A. Business Observer Calvo & Calvo Attorneys at Law Compass Law Firm CONRIC PR & Marketing | Publishing Copy Lady Denise Kennedy Dial A Nurse Inc. Donna Tisch Edison National Bank Endeavor Workspaces Experience Real Estate Group, LLC Fort Myers Court Reporting Garvin Law Firm Gerald W. Pierce, B.C.S. Get Smart Bail Bonds Geraghty Mediation Gianni A. Consiglio, Attorney at Law Henderson, Franklin, Starnes & Holt, P.A. Jason L. Gunter, P.A. Joe Viacava Law Kushner & Kushner Attorneys Law Firm of Scott T. Moorey Law Offices of David L. Orosz Leonard P. Reina Leslea Ellis, LLC Levins & Associates, LLC Livingston Loeffler, P.A. Martin Law Firm Massie & Reilly CPAs, PLLC McHale, P.A. Merit Court Reporting, Inc. Musca Law Office, Inc. Patterson Eskin & Ball Simon M. Harrison Spivey Law Firm, P.A. Tarpon Bay Veranda Restaurant Vantage Construction Services Von Ahn & Associates Webb & Scarmozino William DeForest Thompson, Jr., LLC

News and Happenings

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

Maximum Referral Fees Paid

Automobile Accidents Motorcycle Accidents Truck Accidents SPIVEY AD Victims of Drunk Drivers Slip & Fall Accidents

239-337-7483 www.SpiveyLaw.com Main Office 13400 Parker Commons Blvd Fort Myers, FL 33912 Serving ALL of Florida Attorney Randall L. Spivey Board Certified Civil Trial Attorney Randall L. Spivey

Letter from the President This month we decided to run an article on Millennials. I remember when I was in college in New Hampshire and some brash kid wrote a book about this Gen X that I was supposed to represent. I thought it was stereotyping and silly to lump an entire generation into a single box. I was so angry I almost got on my Apple Mac 512K computer and wrote something.

I was living it. I was a brash kid too.

I didn’t see that my generation was transformative in its use of technology.

When I look back now, I realize that there is some legitimacy in pointing out our differences. Folks who grow up in a certain time period take certain things for granted in the way that they process information and conduct their everyday lives.

My first firm used DOS on its computers. I chuckled at how old-school they were because my college was leading the way with a new program called Microsoft Word (MS hadn’t yet finished stealing Apple’s Windows concept).

My college had its library card catalogue online. I was so proud. I had a senior attorney tell me that he was truly baffled at the whole interest in the computer thing, and that it was just a phase. When electronic research came about, he saw that as destroying the legal field, making us sloppier because we couldn’t see anything other than the specific search we input. He was sure that too was going to go the way of the buggy whip. But he was one of the best attorneys I ever knew. He taught/reminded me to be thorough, to respect my clients, to value hard work, to have integrity. I learned similar lessons from attorneys who embraced the new technology, though, and so I want to stress that I agree with an overarching message in our article: some values are transcendent, and we should not judge a generation simply by the way that they attempt to get there. But all parties – Millennials and the people who deal with them – need to recognize that they have a different world view.

Technology has changed the way the world communicates, has quickened the pace of everything, and has been the backbone of a generation that problem solves with the aid of electronics more than any previous generation. I’m around Millennials every day. I neglect understanding them at my peril. Their world view is different from mine, even though I think I have done a pretty good job embracing technology (I still don’t get Twitter, but that’s another day’s topic). I learn a lot from them, but at the end of the day we aren’t that much different. So my advice to non-Millennials is to remember that you looked at things differently than your predecessors, and you weren’t so bad, so keep an open mind and try to embrace the differences and integrate your ideas with theirs. And to you Millennials….whnvr u thnk ur gr8….You gave us Pokeman. LOL. You aren’t perfect either.

Scott Atwood, Esq. scott@atwoodlawfirm.com | 239.898.4130 6

RES GESTAE | AUGUST 2016

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

Executive Director - David Seitz Administrative Coordinator ~ Lisa Poulin

EXECUTIVE COUNCIL President ~ Scott Atwood, Esq. Vice-President ~ Kelly Fayer, Esq. Secretary ~ Daniel Endrizal, Esq. Treasurer ~ John Webb, Esq. Board Members: Spencer Cordell, Esq., Jenna Persons, Esq. Scot Goldberg, Esq., Shannon Puopolo, Esq. President Emeritus ~ Anne Dalton, Esq. YLD President ~ Thomas Coleman, 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 Indera Singh, Esq. PRO BONO Aaron Cilek, Esq.

PRACTICE SECTION CHAIRS ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. & Bill Merchant, Esq. APPELLATE LAW Laura Lee, 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.

Thinking Social Security Disability?

Think Kushner & Kushner.

OFFiCE Sharing OppOrtunity with Patterson, Eskin and Ball 1420 SE 47th Street Cape SE Coral, FL 33904 1420 47th Street

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

2121 West First Street • Fort Myers, Florida 33901

prime Downtown Cape Coral Location Cape Coral, FL 33904

For More information please Contact

hal Eskin, Dixie Lee Ball or Janice Meredith at (239) 549-5551 or Email jsmere@comcast.net

AUGUST 2016 | RES GESTAE

7

Calendar of Events Some dates for 2016 Section Meetings have not been confirmed. Check our website for details.

August 5

Young Lawyers Division Meeting Noon – 1 p.m., Golden Fork Café

August 12

September 14

September TBA

Noon – 1 p.m., Courtroom 4H

Date and location TBA

General Civil & Business Litigation Practice Section Meeting

Criminal Law Practice Section Brown Bag Meeting

September 15

August 18

Noon – 1 p.m., Courtroom 5C

Noon – 1 p.m., Courtroom 7B

Family Law Practice Section Meeting Noon – 1 p.m., Courtroom 5C

August 19

LCBA General Membership Meeting Noon – 1 p.m., Sidney & Berne Davis Art Center. Speaker: Legendary retired football coach Howard Schnellenberger

August 24

Executive Council Meeting LCBA After Hours Social

Criminal Law Practice Section Meeting Noon – 1 p.m., CLE application pending approval

August 25

Land Use & Governmental Law Practice Section Mtg Noon – 1 p.m.

September 2

Young Lawyers Division Meeting

Family Law Practice Section Meeting

September 21

Executive Council Meeting

September 22

LCBA General Membership Meeting Noon – 1 p.m., Sidney & Berne Davis Art Center

Ethical Issues in Social Media CLE

11:30 a.m. – 1 p.m., Marina at Edison Ford. Speakers include Judge Elisabeth Adams and Chief Judge Michael McHugh, plus Henry Lee Paul. Includes lunch. CLE application pending approval. $20 members, $30 guests.

RSVP to admin@leebar.

September 29

Land Use & Governmental Law Practice Section Mtg Noon – 1 p.m., location TBA

September 30 Bench/Bar Gala

Real Property, Probate and Trust Law Practice Section Meeting

October 7

Appellate Law and Solo & Small Practice Section Joint Meeting

Noon – 1 p.m., Courtroom 4B. Speaker: 2nd DCA Judge Samuel J. Salario, Jr.

October 7

Young Lawyers Division Meeting Noon – 1 p.m., Square 1 Burgers

October 27

Land Use & Governmental Law Practice Section Meeting

Noon – 1 p.m. More information TBA

October 29

Lee County Bar Veterans and First Responders Legal Clinic 10 a.m. – 2 p.m., SW Florida Military Museum and Library, 4820 Leonard St., Cape Coral. Hosted by Pro Bono Committee Chair Aaron Cilek, Esq.

Constitution Week Speakers in the Schools, Dates TBA

7 – 10 p.m., Sidney & Berne Davis Art Center

Noon – 1 p.m., Twisted Vine Bistro Visit us online at leebar.org to see the entire LCBA Annual Calendar.

You can 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 2016

8

RES GESTAE | AUGUST 2016

Save the Date!

2016 LCBA Bench Bar Gala

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

239.334.0047 resgestae@leebar.org

Staff Box

Join us for an elegant evening to celebrate our attorneys and the judiciary.

Enjoy cocktails, dinner, music and great company.

Friday September 30, 2016 Sidney & Berne Davis Art Center Cocktail Hour 7-8pm Dinner 8-10pm

$95 per person until September 2 Thereafter, tickets are $115 a person.

RSVP by September 27th email Lisa Poulin at admin@leebar.org or visit leebar.org Title Sponsor: Copy Lady

Platinum Sponsors: Henderson Franklin Cole, Scott and Kissane

Music Sponsor: Associates and Bruce L. Scheiner

Silver Sponsors: Atwood Law Firm Martin Law Firm Strayhorn & Persons

Bronze Sponsors: John Webb Legal Group Pavese Law Firm Roetzel & Andress

PUBLISHER Connie Ramos-Williams 239.690.9840 ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Scott Atwood, Esq. Henry Lee Paul, Esq. PJ Scheiner, Esq. Sara Fitzpatrick Comito Kathy Grey BILLING INQUIRIES 239.334.0047 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© 2016. 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.

6216 Whiskey Creek Drive, Suite B Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com

AUGUST 2016 | RES GESTAE

9

Ethically Speaking

TRUST ACCOUNT RECORD KEEPING RULE 5-1.2

By Henry Lee Paul, Esq.

It is often said that violation of trust

account rules is the third rail of lawyer discipline. Violation of the rules is perhaps the quickest way to have a serious discipline issue with The Florida Bar. The most common way a lawyer’s trust account comes to the attention of The Florida Bar is when there is a notice of non-sufficient funds (NSF). Whether caused by bank error or an accounting error by the lawyer, the bank is required to inform The Florida Bar. Upon notification, The Florida Bar will commonly ask the lawyer for an explanation of the matter as well as relevant trust account records within a narrow time period relevant to the NSF. It is my experience, both as bar counsel and defense counsel, that many lawyers do not have compliant trust account records to provide The Florida Bar. Upon receipt of inadequate trust account records in such a situation, The Florida Bar will usually initiate an extensive trust account audit. The Florida Bar can and will audit a trust account as far back as six-years.

A lawyer should be able to produce

10

RES GESTAE | AUGUST 2016

trust account records that meet the minimum requirements as stated in Rule 5-1.2. Although this article will not restate all the requirements, the essential records include the following: 1) a client ledger identifying all trust account transactions for each client, 2) a receipts and disbursements journal identifying all trust account transactions and 3) a bank reconciliation that should accurately correspond with client ledgers and the receipts and disbursements journal. The reconciliation must identify ownership of all funds in trust. These records should be maintained on a monthly basis.

One of the most common and readily apparent mistakes I encounter is the inability of a lawyer to identify ownership of all funds in trust. Inability to make such identification, supported by adequate records, is a sure way to invite a trust account audit by The Florida Bar. Although the accounting concepts involved in maintaining a compliant trust account are not complicated, non-compliance is a common cause for discipline. Surprisingly, there is no required trust accounting CLE requirement for new lawyers. However, The Florida Bar website has a wealth

of resources to assist any lawyer in maintaining a compliant trust account.

One resource I often recommend is the one hour online CLE “Maintaining a Trustworthy Trust Account.”

The Florida Supreme Court has little tolerance for lawyers who are not compliant with trust accounting record keeping requirements. The court has emphasized that compliance with record keeping requirements provides a necessary safeguard to protect against misuse of client funds, employee theft or simple mistakes. Neither negligence nor reliance on employees, accountants or others will shield a lawyer from discipline resulting from non-compliant trust account records. 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.

It’s our privilege to practice law in Lee County, home to some of the most professional attorneys in Florida!

Practice Areas: Steven E. Martin Attorney & Counselor at Law

Eviana Martin Attorney & Counselor at Law

Bankruptcy (chapter 7, 11, 13) Complex Divorce & Family law Probate & Probate Litigation Auto Accidents & Wrongful Death Estate Planning, Wills & Trusts

®

MartinLawFirm.com (239) 443-1094

Cape Coral, Florida 3701 Del Prado Blvd South Cape Coral, Florida 33904

Fort Myers, Florida 5237 Summerlin Commons Blvd Fort Myers, Florida 33907 *Appointment Only

Naples, Florida 999 Vanderbilt Beach Road, Suite 200 Naples, Florida 34108 *Appointment Only

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories - legal ability and general ethical standards.

Super Lawyers is a registered trademark of Thomson Reuters.

Florida Legal Elite is a trademark of Florida Trend Magazine.

AUGUST 2016 | RES GESTAE

11

Tort Litigation

In Search of Certainty

By PJ Scheiner, Esq. Our system of justice has long recognized the need for the finality of verdicts. See Moorman v. American Safety Equipment, 594 So. 2d 795 (Fla. 4th DCA 1992); State v. Devoney, 675 So. 2d 155 (Fla. 5th DCA 1998). Courtroom advocates know the corrosive quality of post-trial uncertainty – especially when the uncertainty stems from a legal technicality seemingly unrelated to the trial outcome. Getting it right is of critical importance, but getting it over is an equally essential element of a system designed to actually dispense justice.

The recent Florida Supreme Court decision in Special v. W. Boca Med. Ctr., 160 So. 3d 1251 (Fla. 2014) dramatically alters the standard of appellate review for harmless error in civil cases and, in so doing, triggers memories of De La Rosa v. Zequeira, 659 So. 2d 239 (Fla. 1995) (material concealment of information by juror during voir dire as grounds for a new trial) and the vulnerability of any verdict to a technical challenge detached from the accuracy, fairness and validity of the verdict itself. Though promoted as “protecting the integrity of the process,” the Special decision will likely facilitate a further erosion of the finality of a jury’s verdict.

12

RES GESTAE | AUGUST 2016

Prior to the Supreme Court’s decision in Special, error was reversible – as harmful error – where “it is reasonably probable that a result more favorable to the appellant would have been reached if the error had not been committed.” Florida Inst. For Neurologic Rehab v. Marshall, 943 So. 2d 976, 978-79 (Fla. 2d DCA 2006). The Special decision raises the standard for determining harmless

error in civil appeals to match that of criminal appeals. Once a party raises and establishes error on appeal, the burden then shifts to the beneficiary of the error to prove that there is “no reasonable possibility” that the error contributed to the verdict. In determining whether error is harmless, courts are to “focus on the effect of the error on the trier-of-fact and avoid engaging in an analysis that looks only to the result in order to determine harmless error.” Special at 1256.

Since the Special decision, an overwhelming majority of published opinions applying Special (17 of 20 - from a cursory search of published opinions) have resulted in reversals and remands for new trials. The application of Special’s new standard for the evaluation of harmful error in civil appeals is doing exactly what could have been predicted:

cases in which errors are raised are more likely to be reversed on appeal. The consequent impact on the trial court practitioner is also clear, every effort must be taken to eliminate the incidence of error in the trial proceeding.

Although such a standard has the ring of a mere recitation of the trial lawyer’s obligation to client and court, the practical consequence may be far more burdensome. “To err is human,” wrote Alexander Pope, and Florida Law has long recognized and accounted for this fact through a harmless error analysis which balanced the rights of the appellant with the appropriate burden of proof and the importance of fairness and finality to all involved parties. The new reality, however, is that parties on either side of a civil case seeking to appeal an unfavorable verdict on grounds that error was committed will now be more likely to prevail. 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.

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

35 Years.

3,500 Mediations.

Experience Makes the Difference.

> > 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

LPR

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

239.263.2059 www.LPReina.info LPReina@LPReina.com

AUGUST 2016 | RES GESTAE

13

Advertiser Spotlight

Merit Court Reporting

“We work in a woman-dominated field, which tends to foster problem solving, flexibility and teamwork,” said Debbie Cail of Merit Court Reporting. “In other words, we like to keep our reporters guessing. In the shower at 7:30 a.m.? Hope you can get dressed quick because we need you at 8. Taking an afternoon nap, come on down! We believe reporting doesn’t stop when you walk out the door.” Cail is the office manager of the eight-year-old business and partner to Maryanne Wagner, who maintains the rigorous Registered Professional Reporter credentials. Can you type 225 words per minute? Good thing you don’t have to, with Merit’s team of reporters, averaging more than 20 years in the profession.

on the accuracy of a transcript, however, the ladies at Merit Court Reporting are as careful with every case as if it were their own. Wagner said, “The biggest misconception is that transcripts are produced instantly. In order to produce a quality product, each reporter spends hours to days on each transcript, depending on the length of the work requested.” For all that attention to detail, Merit Court Reporting takes pride in a standard six-day delivery for its work.

Typing speeds higher than most mortals’ best bowling scores are impressive. Always aware that the outcome of a case can hinge

Cail said, “It isn’t uncommon that scheduling glitches send attorneys

You can call them sticklers for quality, but the company is flexible with its clients’ often unpredictable schedules. “Merit Court Reporting isn’t a typical 8-5 business,” said Wagner. “Someone is available at all times, including evenings and weekends.”

scrambling for court reporters at the last minute. Many times we are able to shift scheduling to accommodate these requests.”

Merit lives up to the spirit of its name by giving back to the community, which it considers an essential function of business.

They enjoy mentoring new reporters as they enter the field. They have provided transcripts for mock trial proceedings and will provide pro bono transcripts for our community members most in need. They also sponsor athletic and school events to support area students.

Merit Court Reporting has two offices in Fort Myers and a new location in Naples.

Call 239.481.1300 for more information.

Take a break from the Ordinary 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

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...™ 14

RES GESTAE | AUGUST 2016

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

Extraordinary Since 1978

Downtown Fort Myers River District www.verandarestaurant.com

McHale, P.A.

CRIMINAL DEFENSE

SCOTT T. MOOREY • Expert Witness Testimony • Forensic Accounting

275-5552

• Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business

Management

1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com

AUGUST 2016 | RES GESTAE

15

Judge Chappell earns top professionalism honor The LCBA extends its congratulations to the Honorable Sheri Polster Chappell, U.S. District Judge for the Middle District of Florida, for earning the William H. Hoeveler Judicial Professionalism Award.

The Florida Bar’s Standing Commission on Professionalism awards this honor annually “to recognize an active judge who best exemplifies strength of character, service and competence as a jurist, lawyer, and public servant. Nominees should be judges who have communicated their dedication to the ideals of justice and demonstrated diligence in inspiring others to the mission of professionalism.”

Outgoing Bar President Ramón Abadin presented the award to Judge Chappell during the Judicial Luncheon at the Bar’s Annual Convention. Abadin noted, “Her integrity, commitment to the

rule of law, and professional character make her one of the most well-respected judges in Florida.”

Judge Chappell said, “Receiving the Hoeveler award is among one of the most humbling honors of my professional career. I am truly grateful to join the other distinguished jurists who have received this award.”

The award is named after the first recipient in 2001, Honorable William M. Hoeverler, U.S. District Court Judge for the Southern District of Florida.

The Miami Herald once called that judge “The Court’s Mister Clean.” Judge Chappell also joins the good company of:

2002 Honorable Major B. Harding, Justice,

Florida Supreme Court 2003 Honorable William Terrell Hodges,

Sr., U.S. Federal Court Judge, Middle

District of Florida 2004 Honorable Barbara J. Pariente,

Justice, Florida Supreme Court 2005 Honorable Durand Adams, Circuit

Court Judge, 12th Judicial Circuit 2006 Honorable Ralph Artigliere, Circuit

Court Judge, 10th Judicial Circuit 2007 Honorbale Robert N. Scola, Jr.,

Circuit Court Judge, 11th Judicial Circuit 2008 Honorable Raoul G. Cantero, III,

Justice, Florida Supreme Court

2008 Honorable R. Fred Lewis, Chief

Justice, Florida Supreme Court 2009 - Honorable John M. Scheb, Retired U.S.

Judge, 2nd District Court of Appeals 2010 Honorable Peter T. Fay, Senior U.S.

Circuit Judge, 11th Circuit 2011 Honorable David A. Baker, U.S.

Magistrate Judge, Middle District of Florida 2012 Honorable Belvin Perry, Jr., Chief

Judge, 9th Judicial Circuit 2013 Honorable Susan Harrell Black, Judge,

U.S. Judge, 11th Circuit Court of Appeals 2013 Honorable Robert K. Rouse, Jr.,

Circuit Court Judge, 7th Judicial Circuit 2014 Honorable Claudia R. Isom, Circuit

Court Judge, 13th Judicial Circuit 2015 Honorable Anne C. Conway, Chief

U.S. District Court Judge, Middle

District of Florida RG

APPETIZER + SOUP OR SALAD SEAFOOD ENTREE + DESSERT INCLUDES A BOTTLE OF HOUSE WINE PER COUPLE

$99 PER COUPLE RESERVATIONS: 239.390.4295 16

RES GESTAE | AUGUST 2016

HYATT REGENCY COCONUT POINT RESORT 5001 COCONUT RD. BONITA SPRINGS, FL 34134

“We Want to Work with You and Your Client as an Investment in their Future” Charles is only one of 252 qualified, approved NFLPA Registered Financial Advisors!

Our Firm Specializes in Comprehensive Planning:

Tax-Advantaged & Tax-Efficient Asset Protection Funding for Buy/Sell Agreements & ILITs • Business Succession Planning Initiate Operating & Shareholder Agreements Divorce Settlement Planning via Insurance Owner & Employee Benefits • Corporate Executive Bonus Plans Trust & Guardianship Accounting • Retirement Planning Life, Disability & Long-Term Care Insurance

Licenses & Certifications:

CPA, CFP® • Series 7 & 66 Investment License Life & Variable Annuity Florida Licenses & Various Other States Successful Entrepreneurs prior to becoming CPAs Charles Abels Massie CPA, CFP® NFLPA Registered Player Financial Advisor

Barbara A. Reilly, CPA

CPAMassie.com • 239.768.2171

Geraghty Mediation Patrick E. Geraghty Certified Civil Circuit Mediator-Dispute Resolutions Member Florida Bar, Lee County Bar, Federal District Courts of the Middle and Southern Districts of Florida.

Board Certified Civil Trial Lawyer A.V. Rated, Martindale-Hubbell; Member of American College of Trial Lawyers.

46 years of civil trial experience in personal injury, wrongful death, commercial, business litigation and Federal civil rights.

To schedule mediations, call: (239) 334-9500 or email: pat@swfltrial.com.

AUGUST 2016 | RES GESTAE

17

Our Florida Board Certified Mem Lawyers strive for excellence in every endeavor. Board certification is the natural progression of this innate desire, as it is the only way that they can say they are ‘evaluated for professionalism and Lawyers strive for’ This excellence in every endeavor.

Board certification isby tested for expertise. highest of achievements not only benefits the individual lawyer, but lawyers to hone of their skillsinnate and practice with professionalism, the certification the encouraging natural progression this desire, as it is the only way thatprogram a great service to The Bar and for the public. theyis can say they areFlorida ‘evaluated professionalism and tested for

- 2015-2016 of Legal Specialization Education Chairthe Cynthia Johnson-Stacks expertise.’ This highestBoard of achievements not &only benefits individual lawyer, but by encouraging lawyers to hone their skills and practice with professionalism, the certification program is a great service to The Florida Bar and the public. ~ 2015-2016 Board of Legal Specialization & Education Chair Cynthia Johnson-Stacks The members of the LCBA have a reputation among statewide voluntary bars for collegiality, professionalism and dedication to continuing education. That makes us all very proud. Those who have achieved board certification deserve a little extra recognition for being among the 7 percent of eligible Florida members to achieve the highest level of evaluation by The Florida Bar of competency and experience within an area of law, and professionalism and ethics in practice. More than 5,010 Florida lawyers are recognized as specialists in one or more of 26 certification areas, including the following LCBA members:

Honorable Elisabeth Adams ~ Family Law

Mr. Spencer Alan Cordell Esq. ~ Criminal Trial

Ms. Marve Ann M Alaimo Esq. ~ Wills, Trusts and Estates

Mr. Michael Joseph Corso Esq. ~ Business Litigation & Civil Trial

Mr. Grant Williams Alley Esq. ~ City, County and Local Gov't Law

Ms. Mary Beth Crawford Esq. ~ Wills, Trusts and Estates

Mr. Alan Welling Banspach Esq. ~ Wills, Trusts and Estates

Ms. Olimpia Boveda DePena Esq. ~ Workers' Compensation

Mr. Eric M Borgia Esq. ~ Real Estate

Mr. Frank Elwood DePena Esq. ~ Civil Trial

Ms. Norma Hand Brill Esq. ~ Elder Law

Mr. Robert Dodig Jr. ~ Education Law

Ms. Heidi Marthanna Brown Esq. ~ Elder Law

Mr. Thomas M Dryden Esq. ~ Business Litigation and Real Estate

Ms. Katheryn Elizabeth Smith Calvo Esq. ~ Criminal Trial

Mr. Ronald Alan Eisenberg Esq. ~ Wills, Trusts and Estates

Mr. Edward Paul Canterbury Esq. ~ Real Estate

Mr. Eric Feichthaler Esq. ~ Real Estate

Mr. Charles Bryan Capps Esq. ~ Real Estate

Mr. Sheldon E Finman Esq. ~ Family Law

Mr. Steven William Carta Esq. ~ Real Estate

Mr. David Kent Fowler Esq. ~ Real Estate

Mr. John B Cechman Esq. ~ Civil Trial

Mr. John Joseph Fredyma Esq. ~ City, County and Local Gov't Law

Mr. Thomas Payne Clark Esq. ~ Health Law and Tax

Ms. Linda Holly Fried Esq. ~ Family Law

Ms. Lori Westhrin Clifford Esq. ~ Family Law

Mr. Jeffrey R Garvin Esq. ~ Civil Trial

Ms. Donna Marie Collins Esq. ~ City, County and Local Gov't Law

Mr. Patrick Emmett Geraghty Esq. ~ Civil Trial

Mr. David Lee Cook Esq. ~ Real Estate

Ms. Beverly Grady Esq. ~ City, County and Local Gov't Law

Mr. Jay Calvert Cooper Esq. ~ Civil Trial

Mr. Bruce David Green Esq. ~ Tax Law

18

RES GESTAE | AUGUST 2016

mbers Who Are Among the Elite 7% Mr. Thomas Herbert Gunderson Esq. ~ Real Estate

Ms. Beth A. Prather Esq. ~ Elder Law Prather & Swank, P.A.

Mr. Jason Lucas Gunter Esq. ~ Labor & Employment Law

Mr. Richard Lee Purtz Esq. ~ Civil Trial

Mr. Eric Gurgold Esq. ~ Wills, Trusts and Estates

Mr. Michael David Randolph Esq. ~ Construction Law

Mr. Aaron Andrew Haak Esq. ~ Business Litigation and Construction Law

Mr. J Jeffrey Rice Esq. ~ Business Litigation, Construction and Civil Trial Law

Mr. Edward William Hale Esq. ~ Real Estate Mr. Kim Patrick Hart Esq. ~ Civil Trial

Mr. Alan Jay Rubinstein Esq. ~ Family Law

Mr. Thomas Bryan Hart Esq. ~ Real Estate

Mr. Lowell SchoenfeldEsq. ~ Wills, Trusts and Estates

Mr. Ernest Healey Hatch Jr., Esq. ~ Wills, Trusts and Estates

Mr. Robert Christopher Shearman Esq. ~ Civil Trial

Mr. William T Haverfield II, Esq. ~ Family Law

Mr. Christopher John Shields Esq. ~ Real Estate

Mr. Craig Robert Hersch Esq. ~ Wills, Trusts and Estates

Mr. L David Sims Esq. ~ Family Law

Mr. Michael Brandon Hill Esq. ~ Wills, Trusts and Estates

Ms. Deana M. Sisk Esq. ~ Civil Trial

Ms. Rana Ann Holz Esq. ~ Family Law

Mr. James Thomas Smoot III, Esq. ~ Business Litigation and Civil Trial Law

Mr. William N Horowitz Esq. ~ Tax Law Ms. Erin Elizabeth Houck-Toll ~ Health Law and Tax Law Mr. Luis E Insignares Esq. ~ Family Law Mr. Richard A Johnston Jr., Esq. ~ Business Litigation Mr. Kevin Francis Jursinski Esq. ~ Business Litigation, Construction Law, and Real Estate Law

Mr. John Douglas Spear Esq. ~ Real Estate Mr. Randall Lee Spivey Jr., Esq. ~ Civil Trial Ms. Tricia Ann Spivey Esq. ~ Family Law Ms. Vicki Lynn Sproat Esq. ~ Civil Trial and Labor & Employment Law Mr. Bruce McLaren Stanley Esq. ~ Civil Trial

Mr. George Hayward Knott Esq. ~ Business Litigation, Civil Trial

Mr. Harold M Stevens Esq. ~ Criminal Trial

Mr. Steven Gautier Koeppel Esq. ~ Civil Trial

Mr. Tulio Gerardo Suarez Esq. ~ Immigration and Nationality

Mr. Sanjay Kurian Esq. ~ Construction Law

Magistrate Carolyn Delizia Swift ~ Family Law

Mr. Kevin AlanKyle Esq. ~ Wills, Trusts and Estates and Tax Law

Mr. T. Rankin Terry Jr., Esq. ~ Civil Trial

Mr. Terrence L Lavy Esq. ~ Construction Law

Ms. Donna Tisch Esq. ~ Civil Trial

Mr. Matthew Alan Linde Esq. ~ Elder Law, Wills, Trusts and Estates

Mr. Theodore L Tripp Jr., Esq. ~ Business Litigation and Civil Trial

Mr. Charles Gregory Mann Esq. ~ Real Estate

Mr. Curtright Collins Truitt Esq. ~ Civil Trial

Mr. Keith Boyd Martin Esq. ~ Education Law

Mr. Stephen Thomas Ullman, Esq. ~ Wills, Trusts and Estates

Mr. Lance Martin McKinney Esq. ~ Elder Law

Ms. Audrey Elizabeth Vance Esq. ~ City, County & Local Gov't Law

Mr. Michael Collins McQuagge Esq. ~ Civil Trial

Mr. Brian C Vigness Esq. ~ Civil Trial

Ms. Lori Lynn Moore Esq. ~ Real Estate

Mr. Marcus Way Viles Esq. ~ Civil Trial

Mr. Terry S Nelson Esq. ~ Civil Trial

Ms. Beth Tyler Vogelsang Esq. ~ Family Law

Mr. David M Owen Esq. ~ City, County and Local Gov't Law

Mr. Wallace C Von Arx Esq. ~ Civil Trial

Mr. Allan Marshall Parvey Esq. ~ Civil Trial

Mr. Douglas L Waldorf Jr., Esq. ~ Real Estate

Magistrate Gilberto Perez ~ Family Law

Honorable Jack Adam Weiss ~ Workers' Compensation

Ms. Dawn Eileen Perry-Lehnert Esq. ~ City, County & Local Gov't Law

Ms. Denise Lynda Wheeler Esq. ~ Labor & Employment Law

Mr. Gerald William Pierce Esq. ~ Appellate Practice

Mr. Guy Edward Whitesman Esq. ~ Tax Law

Mr. John F Potanovic Jr., Esq. ~ Labor & Employment Law

Mr. Benjamin Yormak Esq. ~ Labor & Employment Law AUGUST 2016 | RES GESTAE

19

20

RES GESTAE | AUGUST 2016

Phot o

credi

t: Jim

Jett Ph

otogr aphy

By Sara Fitzpatrick Comito

Pictured above (front to back, left to right): Lance Dunford, Matt Roepstorff, Michael Lehnert, Caleb Pringle, Kristalyn Loson, Stephen Kagan, Casey Stewart, Austin Turner, Vernon Guirguis, Thomas Coleman.

AUGUST 2016 | RES GESTAE

21

For young attorneys, “face time” is not just an iPhone app. These digital natives’ comfort level with technology can be a big benefit to their firms and clients, but that doesn’t mean the oldfashioned ways are by any means out of fashion.

“It is important for younger attorneys to also realize that no amount of technology can replace the institutional knowledge and thousands of local connections that the more seasoned attorneys have to offer,” said Austin Turner, a land use and environmental law attorney at Henderson, Franklin, Starnes & Holt. “As a young lawyer, I think it is important to remember that your reputation is everything. As Warren Buffett so eloquently stated, ‘It takes 20 years to build a reputation and five minutes to ruin it.’”

Character is also a priority for Vernon Vernon Guirguis Guirguis, an attorney in family and personal injury practice, plus civil litigation at the Kagan Law Firm. He said, “I hope to be an attorney that people think about and smile, whether that be because of my advocacy, creative arguments, passion, or that I was simply someone they knew cared; someone who helped make a difficult situation a little bit easier, and in doing so, extended the attorney-client relationship to something more personal.”

If there’s something emblematic about the “Millennials” label, it would 22

RES GESTAE | AUGUST 2016

have to come from the meaning of the word. Coming of age while the calendar leaped to 2000, and with all the attendant Y2K hysteria, might predispose individuals to focus on the time they have to secure their legacy.

The young people Res Austin Gestae talked to are intent Turner to account for their time by doing much more than punching a clock.

Where many folks talk about work-life “balance,” Danielle Levy Seitz thinks about it more as integration.

Practicing family law at Aloia, Roland and Lubell, Seitz said, “It is important to me that I try to eliminate any hardline distinction between work and my personal life. I don’t want to experience the Sunday night blues, where many begin to dread the return to their jobs.”

She said her clients are always never far from her mind anyway.

It takes more than a little mental gymnastics to reconcile the unfortunate characterization of Millennials as overly entitled with the reality of the economy and job market that existed when they were entering the workforce en masse: Hello, Great Recession, I come bearing student loans….

“This misconception should come as no surprise as political candidates and large federal government policies continue to promise and promote the idea of ‘something for nothing,’” said Matthew Roepstorff, who practices civil litigation, community association, local government and business law at Pavese Law Firm. “However, those younger attorneys who heed the advice of the older members of the bar to

‘pay your dues,’ learn through working experience, and earn the respect of your colleagues will undoubtedly be the managing partners, senior stockholders, and bar presidents of the future.”

By all accounts, young LCBA members are inclined to seek out Cononr Foley mentors to aid in their professional development. Conor Foley said, “I was lucky enough to land a job as an associate with my mentor, Jason Gunter.

Out of law school, my plan was to start my own firm. I had the entrepreneurial spirit and background, but I didn’t know how to marry that with the practice of law. Jason has shown me how providing value to each and every client will naturally create a successful practice.”

Danielle Seitz began her career working alongside LCBA Past President Keith Grossman, whom she describes as an excellent mediator.

He inspired her to Danielle focus on alternatives Seitz to litigation where possible. She has also benefitted from the examples of Shelly Finman, president of the Family Resource Center, where she is a board member. He is always willing to offer his expertise when asked, as is Christina O’Brien, whom Seitz often faces as opposing counsel. “I know I can give her a call or shoot her a quick email on a family law matter, and I won’t be ignored,” said Seitz.

Kristalyn Loson, an assistant city attorney for the City of Fort Myers, always has the benefit of her boss, Grant Alley’s, experience. She appreciates the perspective of mentors outside the

legal profession, too. Sarah Owens of the Southwest Florida Community Foundation and Leigh Scrabis of the Community Redevelopment Agency reached out upon her relocation back to Lee County from Washington, D.C. “Both are incredible, hard-working, community-minded professionals that I would like to emulate,” she said.

Loson does have established female attorneys and judges to emulate. She also suggested a shift has been happening where the legal community is increasingly aware of its interconnectedness with other industries.

That interconnectedness can be fostered in many ways, traditional and digital.

Vernon Guirguis said, “Being the first generation born into the technology age, Millennials inherently have a unique understanding and perspective of technology, social media and research.

Embrace that in your Millennial employees.”

As experienced mentors are invaluable assets to a young attorney’s confidence, so too can the student become the master when it comes to technological business builders for a firm.

Henderson Franklin real estate attorney Michael Lehnert Michael said, Lehnert “Younger attorneys may be better able to understand, develop, and use emerging technologies to increase efficiency and decrease costs, which saves money for our clients and gives us a competitive edge in the market.”

His colleague Austin Turner said it’s the young people who can help firms like his (established in 1924) get with the times. “Anywhere from blogging and social media to Apple Watches, our

generation naturally comes equipped with new marketing techniques and efficient gadgets that can help change the face of the legal field, which has been notoriously outdated when compared to other professions.”

For Kristalyn Loson, the impulse to integrate the professional with the personal, which partly defines her generation, was part of the motivation to return to Lee County. The close-knit community, natural beauty, climate and small-town feel Kristalyn are the very picture Loson of quality of life for her and many of our young attorneys.

Vernon Guirguis said, “I am a native, born and raised. This place is my home; the Lee County community is my family. Home is the place, and family are the people you want to help the most, and in doing so, ultimately give your best.” Michael Lehnert said, “Growing up in Lee County, I witnessed how wonderful and supportive the people here can be. I’m honored to be a part of this community and feel blessed to have the opportunity to give back to the community that has given so much to me.”

Matt Roepstorrf said it’s a good sign that so many of his successful Millennial peers are Fort Myers natives. “The seeds of goodwill and working friendships needed to foster a strong bar Membership have already been sown years ago when we were in high school, and even back to grade school.” And things will only get better, as larger markets are saturated with young JDs, Southwest Florida is undervalued for its growth potential. “When all your friends are realizing the same potential, it makes the choice that much easier,” Roepstorrf

concluded.

For Danielle Seitz, her generation represents a continuation of the efforts of those who have come before. “My dad, Dr. Stuart Levy, worked as an OB-GYN here in Lee County for more than 25 years. He touched many lives in this community, and I strive to continue that tradition,” she said. “The desire to do good is something that is constant throughout generations.”

Her husband, David Seitz, also a Fort Myers native, recently took over as the youngest-ever Executive Director of the LCBA. “I hope to engage our members across all demographics with interesting speakers and content at the member meetings, and with well-planned events that both follow historical traditions as well as create new ones,” he said. “My job is to help facilitate these goals for the association’s Executive Council and hopefully provide continuity over the years as leadership changes.”

Continuity and change might seem like contradictory concepts to hold in one’s mind at the same time. But with their penchant for flexibility and desire for balance, our community’s younger professionals are poised and determined to make it all work.

The result could be a Matt more inclusive society Roepstorff with efficiency in place to anticipate the challenges we might face. Every day, the “Millennials” of the LCBA prove they honor the lessons of the past while embracing the promise of the future.

Because of them this institution is looking pretty spry for almost 70 years old. RG

AUGUST 2016 | RES GESTAE

23

Legal Lens

Voluntary Bar Leaders Conference (L-R) President-Elect Kelly Fayer and President Scott Atwood with Judges Mary Evans and Josephine Gagliardi and Lee Clerk of Court Linda Doggett at the 2016 VBLC in Naples.

YLD Holidays in July Young Lawyers Division Secretary Candice Michael and Danielle Levy Seitz helped prepare a holiday experience for kids in foster care at Holidays in July at the Imaginarium.

24

RES GESTAE | AUGUST 2016

Members Christina Schwinn & Ita Neymotin nominated for 2016 APEX Award Join us in congratulating Attorney Christina Harris Schwinn of Pavese Law Firm and Regional Counsel Ita Neymotin, Office of Criminal Conflict and Regional Counsel for the Second District, for being named nominees for the 2016 APEX Award.

The Women in Business Committee has run this program for 11 years to honor members of the Greater Fort Myers Chamber of Commerce who excel in the areas of professionalism, philanthropy, leadership and mentoring.

It is a distinct honor to be considered for this prestigious award, which entails an extensive third-party nomination process. Ita and Christina richly deserve this recognition! RG

Seeking an Experienced Attorney for a New Law Firm in SW Florida Contact

Gianni A. Consiglio Attorney at Law

2010 Tulane Grad • Florida Lic #088588

954.822.6179 GAC19841@hotmail.com

JoAnn N. Biddle

State Attorney’s Office

Stephen N. McGuire II

Costello & Wicker, P.A.

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.

The LCBA will publish a signup link through leebar.org and reach out to the membership by electronic newsletter. For more information on this exciting opportunity, contact LCBA Executive Director David Seitz at dseitz@leebar.org or (239) 334-0047. And if you know educators or administrators in any Lee County school, public or private, have them get in touch so they don’t miss out on this popular program.

AUGUST 2016 | RES GESTAE

25

Congratulations

to the following attorneys in our member firms for being named 2016 Super Lawyers and Rising Stars!

Garvin Law Firm

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

Jeff Garvin, Personal Injury – Super Lawyer

Rising Stars:

Leland Garvin, Personal Injury – Rising Star

Suzanne M. Boy, Employment & Labor

Goldberg, Racila, D’Alessandro & Noone, LLC Scot D. Goldberg, Personal Injury – Super Lawyer

Laird A. Lile P.A. Laird A. Lile, Wills, Trusts and Estates – Super Lawyer

Roetzel & Andress Naples: John T. Blakely, Business Litigation – Super Lawyer Brian V. McAvoy, Wills, Trusts and Estates – Super Lawyer Cathy S. Reiman, Business Litigation and Estates – Super Lawyer

Amanda L. Brock, Land Use/Zoning Traci T. McKee, Professional Liability Defense John M. Miller, Civil Litigation Defense Shannon M. Puopolo, Business Litigation Kayla E. Richmond, Family Law Super Lawyers: John D. Agnew, Business Litigation J. Matthew Belcastro, Construction Litigation Michael J. Corso, Professional Liability Defense Ronald A. Eisenberg, Estate & Probate Thomas H. Gunderson, Real Estate

Christopher D. Donovan, Appellate Law – Rising Star

Eric Gurgold, Estate & Probate

Marc A. Huling, Business Litigation -- Rising Star

Denis H. Noah, Real Estate

Fort Myers:

John A. Noland, Business/Corporate

Paul A. Giordano, Business Litigation & Bankruptcy – Super Lawyer

David M. Platt, Estate & Probate

Beverly Grady, Land Use/Zoning – Super Lawyer

John F. Potanovic, Jr., Employment & Labor Luis E. Rivera, Business Litigation

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

Russell P. Schropp, Land Use/Zoning

Jay A. Brett , Wills, Trusts and Estates – Super Lawyer

Robert C. Shearman, Employment Litigation Defense

Craig R. Hersch, Wills, Trusts and Estates – Super Lawyer

L. David Sims, Family Law Vicki L. Sproat, Employment Litigation Defense Bruce M. Stanley Sr., Personal Injury Defense: Medical G. Donald Thomson, Business Litigation Beth T. Vogelsang, Family Law

Send your accomplishments to resgestae@leebar.org 26

RES GESTAE | AUGUST 2016

Guy Whitesman, Tax

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

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 ㄀

AUGUST 2016 | RES GESTAE

27

Fishing with Friends The Lee County Bar Association Young Lawyers Division is joining with the Children's Network of Southwest Florida to host the third and final leg of the YLD 2016 Tryathlon, Fishing with Friends.

Saturday, August 13, 2016 10:00 am - 1:00 pm Bass Pro Shops (Gulf Coast Town Center) 10040 Gulf Center Drive, Fort Myers, FL 33913 RSVP Romina Vandemark 239.461.8373 There will be a variety of great prizes available. Bring your raffle tickets or Tryathlon T-shirt if you attended prior events to increase your chances in the grand prize raffle!

28

RES GESTAE | AUGUST 2016

“It Ain’t Over ‘Til It’s Over” - Lawrence Peter Berra

The appellate forum is very different from the trial forum. An appellate litigant is at an advantage when represented by an experienced appellate advocate, one who has dedicated her/his entire career to understanding the complexities of appellate practice and its unique requirements. Appellate rules and effective strategies on appeal are very different from those used at the trial level.

If your case is or should be moving into the appellate arena, call in an expert: Gerald W. Pierce.

Gerald W. Pierce, B.C.S. (239) 461-0082 • Gerald@geraldpierce.com • Board Certified in Appellate Practice since 1994 (The only Board Certified Appellate Practitioner in Lee County)

• AV Preeminent Rated® for more than 20 years • 40th year as an appellate lawyer in SW Florida

Best Nurses Award 4 Consecutive Years

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

Mediation and Arbitration Services

SIMON M. HARRISON, ESQ. Over 4000 Mediations and Arbitrations since 1992 Circuit, County, and federal (mdfl) Courts Attorney for 35 years

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

AV rated-martindale Hubble Convenient on line availability Check and calendaring 

Commercial



Probate



construction



guardianship



Contracts



trusts



Real estate



Employment



Foreclosure



Eminent Domain



insurance



Condo and HOA

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

Member of the National Academy of Distinguished Neutrals

AUGUST 2016 | RES GESTAE

29

The Dish

The Olde Fish House Marina . .in the heart of fun and funky Matlacha.

Quirky, colorful, unpretentious. These are

all good words to describe Matlacha. The Olde Fish House Marina is the perfect microcosm, and is located, as its website states, “in the heart of fun and funky Matlacha.”

I am always dumbstruck when Lee County locals tell me they have never been to Matlacha. You do know Pine Island is more than just the name of a road that runs through Cape Coral, right? Keep on going west, and you will eventually happen upon its beautiful namesake, but island time starts before that – in the mainland stretch of land and the small islands that compose Matlacha.

Matlacha, where the dolphins play is a catchy slogan that offers visitors some gentle pronunciation guidance. Amateur anglers play on the “fishingest bridge in the world” overlooking Matlacha Pass. Artists labor at awakening visitors’ sense of play. Fishermen are hard at work (these days harder than ever), as are the places that deliver the sea’s precious bounty directly to your plate. Among these, the Olde Fish House Marina is one of a few mainstays.

Originally a fish packing house, the conjoined buildings host a very busy seafood market and a laidback open-air dining experience, right on the pass between Porpoise Point Island (the Marina’s physical location) and West Island, which boasts the Leoma Lovegrove Gallery and Gardens and the entrance to Matlacha Community Park, a popular boat launch location. Only outdoor dining is available, but the wiltwary among us will delight in the generous dockside breeze, even midday in July. Plenty of fans are strategically placed among the murals and hanging

knickknacks. And when all that fails, there’s cold beer.

What never fails is the preparation of fresh seafood to steaming perfection.

A recent special was the reef platter, featuring red snapper and an undercelebrated fish called porgy. Its mild, alabasterwhite flesh and tender flake is well suited for a simple grilled treatment. The grouper is loved for its larger, succulent flake, and the Olde Fish House Marina’s fried version is only lightly battered to let the fish’s sweet flavor and texture steal the show. The platters come with a hush puppy so crispy on the outside and fluffy on the inside that it’s like a savory donut. The house slaw is “island” style, which means cold, crunchy cabbage with a tangy dressing offset by the tropical flavors of coconut and pineapple. The recent potato of the day? Garlicparmesan fries!

That Pine Island staple, mullet, is offered fried as a basket or a sandwich, as is soft shell crab for a satisfying crunch. Frog legs, fish cakes, crab cakes, calamari and fish dip are on the appetizer menu, along with peel and eat shrimp, buffalo shrimp and coconut shrimp. With po boys, various chowders, scallop rolls, oysters, clams and a grouper reuben, it would take many visits to work through the menu. For the land lubber in your group, there’s the bison burger, jerk chicken and more. A Portobello sandwich is a thoughtful option for the

vegetarians in our midst (sea mist?). And who could resist chocolate covered key lime pie on a stick? It was also nice to see Southwest Florida’s burgeoning craft brew scene in representation. Punta Gorda’s Fat Point Ryeght Angle IPA fit the bill for satisfying refreshment.

My fellow diners were as colorful as the galleries, vacation rentals and residences along Matlacha, many in fishing regalia.

Bruce and Maria of the band Knee Deep brought out the ukulele, washboard and guitar for a catalog of songs that kept the crowd singing along.

Is it any coincidence Matlacha rhymes with “get away?” In fact, it’s a Caloosa word for “water to the chin.” When I’m up to my ears in the everyday, it’s good to know I can go get on island time just about any time I need to. The clock on the wall at Olde Fish House Marina is always set to 5 o’clock. RG

v OLDE FISH HOUSE MARINA 4530 Pine Island Rd. NW Matlacha Restaurant (239) 283-0114 Sunday & Monday 11 a.m.-8 p.m.

Tuesday – Saturday 11 a.m. – 9 p.m.

Seafood Market ~ (239) 282-9577 Daily 9 a.m.-7 p.m. v

Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Marketing and associate editor of Res Gestae magazine.

For suggestions and comments on this regular feature, contact Sara at Sara@ConricPR.com.

AUGUST 2016 | RES GESTAE

31

On the Bench Hon. Vincent Murphy Collier County Judge Vincent Murphy retired from the bench July 8, following more than 15 years of service. When we spoke to him during his last week on the bench, he presented himself with unabashed humility about his service on the bar and unmistakable glee about the prospect of retiring.

As a young man with 6-1/2 years of active duty in the Army, Judge Murphy was at a crossroads: If he completed his next assignment he would be committed to a military career. Luckily, an Army program caught his eye, of which he said, “The Army would send you to law school without pay, but you could keep your rank and assume a military legal position.”

The long version of the story involves Italy, Germany and Lowenbrau. The short version takes us to when Judge Murphy graduated summa cum laude from the University of Maryland and with honors from the University of Florida School of Law. His father had finished law school just five years prior, and the two practiced law together (“nothing flashy”) in Collier and Lee counties. His father retired, and in 2000, he saw that Collier Judge Wilson was retiring. “I made a late entry into the race. I was on the same ballot as Bush and Gore,” he said. “I was surprised when I won the general election. Life is full of surprises.”

He’s been a championship coach, served in the Army reserves and reached the rank of Lt. Colonel. And now he’s ready to retire. “I’m very comfortable about that decision. Retirement will restore a degree of freedom, impulsivity and to be able to golf whenever I want,” he said. “Somebody brighter, more adept, will take my place. That’s the way it’s supposed to be.” Meanwhile he said, “F-U-N is imprinted on my forehead for the immediate future.”

EXPERIENCED. CONFIDENT. AGGRESSIVE. Attorney Katheryn Calvo

Board Certified Criminal Trial Lawyer

Attorney Jose Calvo Former Prosecutor

OVER 25 YEARS SERVING FLORIDA SENIORS AND THEIR FAMILIES Criminal & DUI Defense

Family Law & Divorce Representation Se Habla Espanol

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

32

RES GESTAE | AUGUST 2016

Florida Nursing Home & Assisted Living Medicaid and VA Benefits 100% Assets Preserved Restricted Practice  VA Accredited Attorney

Attorney David L. Orosz 239-334-8585



800-771-6053

www.FloridaMedicaidLawyer.com Collier



Lee



Charlotte

Get the legal advertising service you deserve PUBLISH YOUR LEGAL NOTICE WITH THE BUSINESS OBSERVER Coverage in 10 counties:

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

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

BAR MEMBER SPECIAL

Complimentary 13- week trial subscription available.

LV10752

Bar members only.

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

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

STANDARD Six-Day Transcript Delivery Serving SW Florida Lee • Collier • Charlotte Counties

THE IMPORTANCE OF PLANNING CAN NEVER BE OVERSTATED. Compass provides affordable and practical legal advice for small businesses and in personal matters.

Business Planning & Consulting Limit Business and Owner Liability • Asset Protection Employment Law • Contracts Trust & Estate Planning Advance Directives for Healthcare Durable Power of Attorney • Living Will HIPAA Authorizations • Wills • Trusts Licensed in Florida,Wisconsin and Washington, D.C. 27499 Riverview Center Blvd., Suite 113 Bonita Springs, FL 34134

239.444.1727

Depositions, Hearings & Mediations Courtsmart Transcription Conference Rooms Available For Mediation Realtime Free Wireless Access Videographers Video Text Sync At No Charge Interpreters

Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts www.MeritCourtReporting.net 239.481.1300 South Fort Myers ⋅ 6213 Presidential Court Suite 100 ⋅ Fort Myers, FL 33919 Downtown ⋅ 2022 Hendry Street Suite 104 ⋅ Fort Myers, FL 33901

Charting a course for business & personal success

Dawn L. Drellos-Thompson, J.D., M.S.M., L.C.A.M.

Naples ⋅ 1415 Panther Lane Naples, FL 34109

AUGUST 2016 | RES GESTAE

33

From the Bar Kathleen Fitzgeorge, Esq. Chief Assistant Public Defender Kathleen Fitzgeorge has been on the same career path for more than 25 years and can’t imagine doing anything else. “I love my job,” she says.

She’s always been fascinated by the legal system. After high school, she worked as a legal secretary and a paralegal, jobs that helped put her through Cleveland State, where she received a B.S. in political science and history. After graduating from the University of Dayton School of Law in 1990, she moved to Florida to be near her parents in Cape Coral.

She began working in the 20th Judicial Circuit Public Defender’s Office and was promoted quickly, working in the circuit’s various counties.

Early in her career, she assisted in defending a 17-year-old boy facing the death penalty who instead was sentenced to life in prison. “In the death penalty world it’s a win to save a life,” Fitzgeorge said. “On the other hand, he was 17 years old and sentenced to life in prison.

That had a big impact on me.”

In addition to handling high profile homicide cases, Fitzgeorge is completing a master’s program in public administration at FGCU, and today focuses on the administrative aspects of the state agency: supervising and mentoring young lawyers, implementing and evaluating programs, addressing budgetary concerns, and participating in various statewide committees with the Florida Public Defender Association. She recently completed a very active four-year term serving on the Florida Judicial Nominating Commission for the 20th Judicial Circuit.

In 2004, she married Ted Fitzgeorge, a real estate broker with Kelly Cove Realty and the spring training public address announcer for the Boston Red Sox. The couple enjoys traveling and volunteering for organizations such as Hope Hospice and the Edison Festival of Light. Kathleen also enjoys reading. “I read so much for work,” she said, “pleasure reading is an indulgence.”

23 years serving the legal community in the 20th Judicial Circuit • • • •

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

• • • •

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

Our knowledgeable and experienced court reporters have a well deserved reputation for excellence in providing timely, accurate and cost-effective transcripts for your clients.

2180 W. First Street, Suite 120 Fort Myers, FL 33901

239-334-1411 239-334-1476 (fax) scheduling@fmcr-ncr.com FMCR-NCR.com

34

RES GESTAE | AUGUST 2016

LCBA Member-at-Large Nominations are Now Open 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 two Member at Large positions to be filled by annual election in 2016 and each even year thereafter.

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.

Aloia Roland & Lubell, LLP Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski & Feichthaler Buchanan Ingersoll & Rooney PC Calvo & Calvo Coleman & Coleman Cole, Scott & Kissane, P.A. Cole Scott & Kissane, P.A., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Fried & Fried, P.A. Goldberg, Racila, D’Alessandro & Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L The Law Offices of Kevin F. Jursinski, P.A. Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group McNamara Legal Services, P.A. McQuagge Law Firm Men’s Rights Law Firm North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA

Prather and Swank, P.A. Patrone & Kemp, PA Pavese Law Firm Roetzel & Andress, L.P.A. Roppo Molandes, PLLC Rubinstein, Holz & King, P.A Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Steinberg & Linn, P.A. Strayhorn and Persons, P.L. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Weldon & Rothman, P.L. The Wilbur Smith Law Firm, PLLC Yeslow & Koeppel, P.A.

Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.

UNLOCK THE POWER OF YOUR BRAND Your Law Firm. Our Team. A Winning Combination.

239.690.9840 • ConricPR.com AUGUST 2016 | RES GESTAE

35

From the Bar Luis Insignares, Esq. Having practiced family law in Fort Myers since 1989, Luis Insignares is branching out in his practice areas with wills, trusts and estates, headed by associate attorney Timothy McCan. It is a “perfect blend for our clients,” Insignares said.

Insignares has practiced appellate law for a number of years around marital and family law issues, and has vast experience in personal injury and insurance defense appellate work going back to his early career in insurance defense and personal injury.

In recent years, he has claimed significant victories in appellate work. The ongoing 2015 landmark case of Brandon-Thomas v Brandon-Thomas involves the legality of same-sex divorce of a couple prior to the legalization of same-sex marriage in Florida or other parts of the U.S. The divorce petition was dismissed, the law changed, and parental standing litigation has ensued because the client is not the biological mother. “Pretty draconian stuff,” Insignares remarked.

In the last two and five years respectively, Insignares was named among the Best Lawyers in America and a Super Lawyer. He has written or co-authored dozens of articles, chapters and papers for The Florida Bar Journal; The Florida Bar and its Continuing Legal Education division; the Lee County and Collier County Bar associations; and this publication, Res Gestae. Speaking engagements cover cutting-edge family law topics because that defines his practice. “I am one of the best,” he said unapologetically. “You get top notch, quality, cutting-edge representation.”

The father of two-year-old twin boys with husband Dwayne Bergmann, Insignares says that fatherhood has changed him in every way possible. But one thing changed him profoundly as a professional after more than 20 years of practicing family law: “People tell you that you don’t know what it is to be a parent until you are a parent,” he said. “That is 100 percent true.”

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 36

RES GESTAE | AUGUST 2016

WWW.VONAHNASSOCIATES.COM

FAX: 239-332-4066

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

A FULL-SERVICE LAW FIRM SINCE 1924

When it comes to mediation and arbitration, we understand.

Meet the Henderson Franklin attorneys ready to help:

David L. Cook

“We take an Active Role...

We Never Give Up!”

Florida Bar Board Certified Real Estate Lawyer Supreme Court Certified Circuit Civil Mediator

C. Richard Mancini

Robert C. Shearman

Supreme Court Certified Circuit Civil Mediator FINRA Certified Arbitrator

Florida Bar Board Certified Civil Trial Lawyer Supreme Court Certified Circuit Civil Mediator

Full-Time

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

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

Online Scheduling for Mediations and Arbitrations

DonnaTisch.com 239.826.3644

L. David Sims Florida Bar Board Certified Marital and Family Lawyer Certified Family Mediator

G. Donald Thomson Supreme Court Certified Circuit Civil Mediator

THESE MARTINDALE HUBBELL AV-RATED LAWYERS are skilled in negotiation and mediation, and in representing our clients in binding and nonbinding arbitration in matters of: • Circuit Court Mediation • Commercial and Civil Litigation, including Personal Injury • Construction Law Disputes • Corporate Partnership Disputes • Employment Law and Civil Rights Disputes

• Family Law Mediation • Financial Industry Regulatory Authority Arbitration • Real Estate, including Homeowner and Condominium Associations • Securities and Investment Dispute Mediation

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

AUGUST 2016 | RES GESTAE

37

In The News Christopher J. Smith, a personal injury trial attorney and partner at Goldstein, Buckley, Cechman, Rice & Purtz, P.A., has been selected as a member of the Southwest Chapter of Florida Chapter of the American Board of Trial Advocates (FLABOTA).

FLABOTA works to foster improvement in the ethical and technical standards among advocates to secure better representation for litigants and more efficient administration of justice for the general public. As an invitation-only association, members must exhibit the principles of courtroom civility, integrity and professionalism over the course of their legal profession.

Kayla Richmond, an attorney at Henderson, Franklin, Starnes & Holt, P.A., received the Outstanding Alumni Representative Award from Stetson University College of Law at the annual Florida Bar Convention in June. As secretary and chapter representative of the Lee County Association for Women Lawyers, Richmond also accepted the Outstanding Chapter Award on behalf of the chapter from the state-wide Florida Association for Women Lawyers.

Richmond focuses her practice exclusively in the areas of divorce, marital and family law. She handles dissolution of marriage, custody, paternity, child support and domestic violence cases.

Matthew A. Linde of Matthew A. Linde, P.A. has recently attained Florida Bar board certification in Elder Law as of June 1, 2016. As of that time, he also became one of only 11 attorneys in the state, and the only attorney in Southwest Florida, to have attained certification in both Elder Law and Wills, Trusts and Estates.

Elder law attorneys serve clients how are senior citizens in areas such as probate, wills, trusts, guardianships, long-term care planning and resident rights at assisted living and nursing homes. Wills, trusts and estates attorneys emphasize planning and administration for large (taxable) estates and trusts.

Henderson, Franklin, Starnes & Holt, P.A. welcomed Caleb Hinton, Alexander Howell and Dillon McColgan as law clerks as part of the firm’s Summer Associate Program. These law students have been exposed to a range of practice areas and assisted with many aspects of clients’ cases.

An Alabama native, Hinton will enter his final year at Florida State University College of Law. Howell grew up in Kingston, Jamaica and will enter his final year of law school at Stetson University College of Law. McColgan, a Southwest Florida native, is entering his final year of law school at the University of Miami.

Kathleen Oppenheimer Berkey, a land use, zoning, and local government attorney and certified land planner at Pavese Law Firm, was elected to join the Keep Lee County Beautiful (KLCB) Board of Directors. KLCB is Lee County’s leading nonprofit that brings people together to build and sustain vibrant communities. With a network of individuals, businesses, civic, environmental and governmental organizations, KLCB works with thousands of volunteers to take action in their communities by offering solutions that create clean, beautiful public places, reduce waste and increase recycling, generate positive impact on local economies, and inspire generations of environmental stewards. For more information, visit www.klcb.org.

Attorneys’ Title Fund Services, LLC has recognized Roetzel as one of the top performers in the 20th Judicial Circuit. Only three of The Fund’s Member firms in the 20th circuit received The Fund’s Circuit Award, as determined by the level of business they have conducted with The Fund the prior year and taking into consideration the local market.

“With The Fund Top Contributor Circuit award, Roetzel ranks among a very prestigious group of legal professionals within the real estate industry,” said Jimmy R. Jones, president and CEO of Attorneys’ Title Fund Services, LLC.

38

RES GESTAE | AUGUST 2016

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 AUGUST 2016 | 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

“Banking isn’t about numbers.

It’s about people.”

— Robbie Roepstorff, President and Geoff Roepstorff, CEO

Like Thomas Edison, we believe there is always “a better way.” We embrace a solutions-oriented approach to serving your needs. One that analyzes the big picture, not just the numbers.

It’s an approach to serve people better.

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

Our Customers Enjoy: Free Online Banking and Free Bill Pay Publix® Presto! ATM Network Residential Mortgage Loans Mobile Banking

Business Clients Appreciate: Courier Services Cash Management Services Business Loans

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