Res Gestae - February 2016

FEBRUARY 2016

The LCBA Celebrates Black History Month

From the balcony to the bar

Black attorneys join Lee's legal elite

Murky waters Navigating Florida’s file retention requirements

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

Your Community Bank That Meets All Your Law Firm’s Needs

As one of Southwest Florida’s leading community banks, you can expect exceptional individualized attention from your own Encore Bank Personal Banker, as well as the following specialty services for your law practice.

◾ ◾ ◾ ◾ ◾ ◾ ◾

Florida Bar Approved EZ Escrow Account ◾ IOTA and IOLTA Accounts Business Lines of Credit ◾ Positive Pay Commercial Real Estate Loans Income Producing Property Loans ◾ Remote Deposits From Your Desktop ◾ Wire Services Business Equipment Loans SBA Loans with 7A & 504 Programs ◾ ACH Services ◾ Credit Card Processing Lockbox Services ◾ Business Money Market Accounts Corporate Internet Banking

877.432.9664 · EncoreBank.com Naples · North Naples · Bonita Springs Fort Myers · Port Charlotte · Sun City Center

Contents On the cover (l to r): Hon. Archie Hayward and Don Isaac, Esquire Photo credit: Jim Jett Photography

28 20

features 20 From the Balcony to the Bar

Lee's bright legal future shines a light on the past

by Sara Fitzpatrick Comito

14

departments 6 Letter from the President

by Scott Atwood, Esq.

24 Legal Lens

8

Calendar of Events

25 New Members

10 Ethically Speaking

by Henry Lee Paul, Esq.

12 Legal Lens

Jan. CLE & Membership Luncheon

14 Community Connection

Guardian Ad Litem Foundation

by Roxanne Wendling

15 Legal Lens

Jan. CLE & Membership Luncheon

16 100 Club 18 Legal Lens

4

LCBA & YLD Swearing-In Ceremony

RES GESTAE | February 2016

LCBA & YLD Swearing-In Ceremony

28 The Dish

Happiness Healthy Café

36 In the News

News and Happenings

30 On the Bench

Honorable Peter Bell

32 From the Bar

Blaze Douglas, Esq.

34 From the Bar

John Musca, Esq.

AD DIRECTORY Allied Business Solutions Ave Maria School of Law Birch Properties Bounds Law Group Boyle, Gentile & Leonard, P.A. Boyle, Gentile & Leonard, P.A. Buschbom Mediation Business Observer Calvo & Calvo Attorneys at Law CONRIC PR & Marketing | Publishing Dellutri Law Group Denise Kennedy Dial A Nurse Inc. Donna Tisch Edison National Bank Encore Bank Florida Home Realty/Property Mgmt Fort Myers Court Reporting Garvin Law Firm Get Smart Bail Bonds Geraghty Mediation Henderson, Franklin, Starnes & Holt, P.A. Hotel Indigo Jason L. Gunter, P.A. Joe Viacava Law Kushner & Kushner Attorneys Law Firm of Scott T. Moorey Leonard P. Reina Leslea Ellis, LLC Levins & Associates, LLC Livingston Loeffler, P.A. Massie & Reilly CPAs,PLLC McHale, P.A. McLaughlin & Stern Merit Court Reporting, Inc. Molloy Law, LLC Musca Law Office, Inc. Patterson Eskin & Ball Simon M. Harrison Spivey Law Firm, P.A. T 3 Communications Veranda Restaurant Von Ahn & Associates Webb & Scarmozino

35 38 31 16 7 35 34 15 17 33 11 37 15 11 BC IFC 33 13 27 37 19 13 29 19 IBC 24 34 17 19 27 37 32 31 31 17 25 3 24 13 5 33 27 30 35

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

䴀愀砀椀洀甀洀 刀攀昀攀爀爀愀氀 䘀攀攀猀 倀愀椀搀

Automobile Accidents Motorcycle Accidents Truck Accidents 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 䄀琀琀漀爀渀攀礀 刀愀渀搀愀氀氀 䰀⸀ 匀瀀椀瘀攀礀 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

Letter from the President January was a busy month for the Lee County Bar Association, and the rest of the year will be no different. Your new expanded Executive Council is off and running to plan and implement CLEs, luncheons, practice committee meetings, family events, community outreach, weekend getaways and more. I was honored to have Judge Sherra Winesett swear me in as the 68th president of the LCBA, a role I take seriously.

Since 1949 the LCBA has continued to strive for greater and greater levels of professionalism, engagement and community outreach, and is more successful every year because of the talents and dedication of its growing membership. In 2016, we encourage members to keep it up. Especially, I invite new members to take on leadership roles within our organization – there’s no better way to get the most out of your investment.

This past month we have seen an increase in membership among young attorneys, and as Judge Winesett also inducted the Young Lawyer Division’s new leadership, it should have been obvious to everyone in the room that the future is in good hands. Its wonderful to see so many young attorneys move or return to SWFL to practice law, as I once did – I like to think not so long ago.

I would like to give special thanks to attorneys Karla Campos-Andersen and Indera Singh, who co-chaired our Mock Trial Competition in January. I also thank the attorneys and judges who gave of their time to mentor these young high school students who aspire to one day have a legal career. This by far is one of LCBA's most successful community outreach events, thanks to the generosity of our members. In an upcoming issue we will share the results of the competition as well as photos. Be sure to mark your calendar for March 6, the date of the first LCBA Shrimp Boil, to take place at Lover's Key State Park from 2-6 p.m. The cost is only $25 for members and $40 for non-members. Kids are welcome. Let's make this a fun day for all and take advantage of Southwest Florida’s surf and sun.

In this February issue of Res Gestae, we celebrate Black History Month.

Our cover feature spotlights two of Lee County's legal elite, Judge Archie Hayward and Attorney Don Isaac, Executive Director for Florida Rural Legal Services. Please take the time to read this feature story, hear what they have to share, and celebrate how far we have come as we shine a light on our past history here in Lee County.

Until next time...

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM Executive Director ~ Sharon Brotherton 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 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 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.

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

RES GESTAE | February 2016

TORT LITIGATION Preston John (PJ) Scheiner, Esq.

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

February 2016 | RES GESTAE

7

Calendar of Events February 5

Young Lawyers Division Meeting

Noon - 1 p.m. Square 1 Burgers, 5031 S Cleveland Ave. Thomas Coleman, YLD President

Solo & Small Firm Practice Section Social

5:30 - 7:30 p.m. Location TBA. Jason Gunter and Conor Foley, Co-Chairs

February 18

Family Law Practice Section Brown Bag

Noon - 1 p.m. Courtroom 5C of the Lee County Justice Center at 1700 Monroe Street. Dustin Butler and Ryan O’Halloran, Co-Chairs

LCBA Monthly After-Hours Social 5:30 - 7:30 p.m. Location TBA

March 17

Family Law Practice Section Brown Bag

6 – 8 p.m. Old Soul Brewing, 10970 S Cleveland Ave., Suite 402. Cost: $10 per individual, $25 per team of 4. 50/50 Raffle to benefit scholarship fund

Noon - 1 p.m.

Courtroom 5C of the Lee County Justice Center at 1700 Monroe Street. Dustin Butler and Ryan O'Halloran, CoChairs

March 4

March 18

Noon - 1 p.m. The Oasis Restaurant, 2260 Dr. Martin Luther King Jr. Blvd.

Thomas Coleman, YLD President

Noon – 1 p.m. Sidney & Berne Davis Art Center; 2301 First Street

February 29

“Leap Into a Pint” LCBA/LCAWL Trivia Night fundraiser for scholarships

Young Lawyers Division Meeting

General Membership Luncheon

February 19

March 31

Noon - 1 p.m. The Marina Ballroom at Edison Ford, 2360 West First Street

Noon - 1 p.m. Lee County Public Works, 1500 Monroe St, 1st FL Conference Room. Neysa Borkert and Amanda Brock, Co-Chairs

General Membership Meeting Celebrating our LCBA Past Presidents

February 19 & 20

20th Circuit Mock Trial Competition

Land Use and Governmental Law Practice Section Lunch Meeting

LCBA After Hours Social 5:30 - 7:30 p.m. Location TBA

Collier County Bar Association Hosts the 2016 competition

February 25

Land Use and Governmental Law Practice Section Lunch Meeting

Noon - 1 p.m. Lee County Public Works, 1500 Monroe St., 1st Floor Conference Room. Neysa Borkert and Amanda Brock Co-Chairs

Some dates for 2016 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 2016

8

RES GESTAE | February 2016

Congratulations to President Tom Coleman and the Lee County Young Lawyers Division!

Tom attended the recent Florida Bar YLD Affiliate Outreach Conference, and sought grant money to fund the “Try-athatlon” project, designed to provide three activities in 2016 for foster children in Lee County.

The presentation was a success, and our YLD won an Affiliate Award for the Most Creative Presentation.

In addition to delivering a great presentation, Tom worked tirelessly on the application. As of this printing, the YLD was waiting to find out the grant amount in the upcoming weeks, so be on the lookout for that news, in addition to information about the “Try-athalon” events.

Volunteers will be needed for each one.

LCBA & YLD Take Time Out to Play Santa After reading about the robbery of Christmas presents at the Nations Association just before the holiday, members of the LCBA and YLD teamed up to provide toys for the children in need.

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 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. Roxanne Wendling 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.

CORRECTION: The Appreciation Reception for Judge Sturgis was hosted by the members of the local workers' compensation bar, and not by a single attorney as was incorrectly stated in the Legal Lens pages of the January issue.

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.

February 2016 | RES GESTAE

9

Ethically Speaking

ION T N E T E R E L I F S T N E M RE REQUI DA I R O L IN F

By Henry Lee Paul, Esq.

T

here is much confusion over file retention requirements for members of The Florida Bar. Except for some specific items, there is no general rule that mandates the amount of time that a client file must be retained.

Specific retention requirements only include trust account records, contingent fee agreements, contingent fee closing statements, and Statements of Insured Client’s Rights, which must be retained for six years pursuant to specific rule provisions. Copies of advertisements must be retained for three years. Additional legal obligations may exist, including requirements for preserving client property or irreplaceable documents held by the lawyer, such as original will.

there will be any further notice prior to destruction. See, When May I Destroy my Old Files, Fl. B.J., Jan. 1994.

Absent an agreed on provision with the client regarding file destruction, The Florida Bar has taken the position that “lawyers should make diligent attempts to contact clients to determine their wishes regarding file retention before the lawyer destroys any closed files.” See Ethics Opinion 06-1.

Although many lawyers believe that files must be kept six years, this is a misconception that may be fostered by the fact that Rule 3-7.16 provides for a six year limitation period for filing of a bar complaint. This limitations period is a reason many lawyers retain closed files for at least six years, even though there is no general requirement to do so in the rules.

The absence of a general rule does not relieve the lawyer to act in the best interest of the client in relation to file retention.

Before any destruction of a former client file is contemplated it is suggested that a review be conducted to determine if there are any interests that should be protected by preservation of the file. For example, in the event of child custody litigation, consideration should be given to the maturity date of the child before a decision to destroy the file is made. In such a case, the lawyer may consider retaining or returning certain documents in the file to the client, such as depositions and other documents that may be relevant to potential future litigation.

It is a best practice for a lawyer to provide specific file retention practices in the fee agreement or discharge letter signed by the client. Such provisions should include the amount of time that the file will be kept, whether any documents will be retained or returned, and whether

The client’s interest in the file is not limited to retention issues. Although it is wellestablished law that client files belong to the lawyer, complex issues may arise in the event of a dispute with a client. See, Dowda & Fields, P.A. v. Cobb, 452 So. 2d 1140 (5th DCA 1984).

10

RES GESTAE | February 2016

The ownership of the specific contents of a file can turn into a highly litigated matter.

Such a dispute with a client is most likely to arise as an issue in a retaining lien dispute.

Similar issues can also arise in the context of a lawyer leaving a firm. The ownership of specific file contents can be a complicated issue that may require judicial resolution.

The difficulty of the issue of file retention was recently recognized in a Tennessee Ethics Opinion, which stated: “There is no one safe answer to the central question of how long must [a lawyer's] closed files be kept before they are destroyed.” See, Tenn.

Supreme Court Bd. of Prof'l Responsibility, (Op. 2015-F-160, 12/11/15).

Before a client file is destroyed, a lawyer should obtain permission from the client, return or retain client property or irreplaceable documents, and consider other possible legal obligations. 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.

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

IN THE CHILI COURT FOR THE TWENTIETH JUDICIAL KITCHEN IN AND FOR LEE COUNTY, FLORIDA

IN RE: SWFL CHILI CHALLENGE

Case No. 16-CH-001436

____________________________________________/ NOTICE FOR CHILI TRIAL

“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

YOU ARE NOTIFIED, by and through the instant notice and pursuant to the Florida Rules of Chili Cook-Off Procedure, that this cause is set for trial at the following place and time: DATE:

Saturday, February 20, 2016

TIME:

11:00 AM – 5:00 PM

LOCATION:

Six Bends Harley Davidson 9501 Thunder Road Fort Myers, FL 33913

Registration must be entered on or before February 15, 2016, by filling out the entry form at www.swflchilichallenge.com. ____________________________________ JUDGE REDD PEPPER CHILI JUDGE

Online Scheduling for Mediations and Arbitrations

DonnaTisch.com

SUIT UP. THROW DOWN. IT’S CHILI COOK-OFF TIME.

239.826.3644

• Food and beverage vendors • Live music • Children’s face painting • Raffle prizes and more All proceeds from this matter will go to SOUTHWEST FLORIDA LAYWERS HELPING CHILDREN, INC., a 501(c)(3) non-profit.

February 2016 | RES GESTAE

11

Legal Lens

Jeffrey Lampley, John Webb, Matthew Roepstorff, Carmen Dellutri

Carolann Swanson, State Attorney Stephen Russell, Ita Neymotin

CLE & Membership Luncheon at Burroughs Home Trust account issues and probate dispute ethics were the focus of two CLEs before the Dec. 18 membership luncheon featuring The Florida Bar’s President Ray Abadin as speaker.

Anne Dalton, FL Bar President Ray Abadin

Kelly Fayer, Robert McDonald

Frank Pavese

Ray Abadin, Scott Atwood

Matthew Linde, Marve Ann Alaimo, Hon. Hugh Starnes

Saeed Kazemi, Robert Pritt, Grant Alley

Dennis White, Kenneth Kemp, II Photos courtesy of Jim Jett Photography

12

RES GESTAE | February 2016

A FULL-SERVICE LAW FIRM SINCE 1924

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.

When it comes to sensitive divorce, marital and family issues, we understand.

Meet the Henderson Franklin attorneys ready to help

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

2231 First Street Fort Myers, FL 33901

888-408-2380 239-334-1411

Christina M. O’Brien

Kayla E. Richmond

Associate

Associate

L. David Sims

Beth T. Vogelsang

www.FMCR-NCR.com

Mediation and Arbitration Services

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

Commercial



Probate



construction



guardianship



Contracts



trusts



Real estate



Employment



Foreclosure



Eminent Domain



insurance



Condo and HOA

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

Member of the National Academy of Distinguished Neutrals

Partner, Chair

Partner

Florida Bar Board Certified in Marital and Family Law

Florida Bar Board Certified in Marital and Family Law

WE UNDERSTAND THE EXTREME EMOTIONAL AND FINANCIAL STRESS. Henderson Franklin’s Divorce, Marital & Family Law attorneys can assist with: • Divorce • Paternity cases • Child support, alimony and • Prenuptial and postnuptial child custody matters agreements • Cooperative • Domestic and repeat problem solving violence injunction actions • Modification and • Adoption enforcement actions of • Mediation support and parenting

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

February 2016 | RES GESTAE

13

Community Connection

UNDERSTANDING THE GUARDIAN AD LITEM FOUNDATION 20TH JUDICIAL CIRCUIT

By Roxanne Wendling, Foundation Administrator

The Guardian ad Litem (“GAL”) Program is a mandated statewide agency that advocates for the best interests of Florida’s abused, abandoned and neglected children in the court and community. It is a partnership of community advocates and professional staff. To the fullest extent possible, the vision is realized through volunteers who will advocate as GALs for the children they serve. Every judicial circuit has a GAL Program that operates under the same set of standards with the theme “I am for the Child.”

Every GAL Program in Florida has a non-profit support arm because the state does not fully fund its mandate. The Guardian ad Litem Foundation – 20th Judicial Circuit, Inc. (“GALF”) is a nonprofit organization in partnership with the GAL Program- 20th Circuit with a shared goal of 100% GAL representation for every child in the system.

GALF focuses its activities on the

14

RES GESTAE | February 2016

recruitment, training and support of the GALs and ensures that GALs have access to financial resources for the child’s health, educational and social needs, which unfortunately, are not provided by any source other than GALF. The GAL’s main goal is for every child to have a “voice” in court until permanency is achieved, and for every child to experience normalcy as they navigate the stress and uncertainty of temporary placement.

Children assigned to a GAL are substantially less likely to spend time in long-term foster care and the court system. They are also much more likely to receive needed therapeutic services and have a permanently closed case.

Lee County consistently represents the highest need in the 20th Circuit due to population growth. Indications are that the number of children entering the child welfare system will continue to climb because of an influx of people moving

to the area. Due to the number of new cases, Lee County has only achieved 60% GAL representation for the past few years. With 40% of children still not represented, the need remains urgent.

How can LCBA members help?

• Become a GAL volunteer advocate – visit www.galfoundation20.org • Provide pro bono assistance with immigration and educational issues – email Alicia Guerra, Chief Legal Counsel – Alicia.guerra@gal. fl.gov • Invite GALF representatives to speak to organizations you are connected with so more people can learn about the cause –email rwendling@galfoundation20.org • Sponsor and/or attend the GALF’s signature event, Viva la Derby! on May 7, 2016 – email program@ galfoundation20.org • Donate at www.voicesforkids.org/ ways-to-give RG

Legal Lens CLE & Membership Luncheon at Burroughs Home

Anne Dalton, Beverly Grady

Marve Ann Alaimo, Dennis White

John Agnew, Anne Dalton

Saeed Kazemi, Terry Cramer, Hon. Archie Hayward

Dennis White, Matthew Linde

Agnieszka Osowicka, Stephanie Bendeck, Dan Endrizal

Get the legal advertising service you deserve

Best Nurses Award 4 Consecutive Years

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

PUBLISH YOUR LEGAL NOTICE WITH THE BUSINESS OBSERVER

Fort Myers / Naples 1st Home Health Agency

Coverage in 10 counties:

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

• No Assessment Fee. • State Licensed and Insured.

• Long Term Insurance Accepted.

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

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

BAR MEMBER SPECIAL

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

Complimentary 13- week trial subscription available.

Bar members only.

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

LV10752

®

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

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

February 2016 | RES GESTAE

15

Aloia Roland & Lubell, LLP

Green, Schoenfeld & Kyle, LLP

Parvey & Frankel Attorneys, PA

Arend & Sisk, P.A.

Grossman Law & Conflict Management

Prather and Swank, P.A.

Associates and Bruce L. Scheiner, P.A.

Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A.

Patrone & Kemp, PA

Bergermann Law Firm Bonita Springs City Attorney’s Office

John Webb Legal Group, P.L

Boyle Gentile & Leonard, P.A.

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

Buchanan Ingersoll & Rooney PC

Knott Ebelini Hart

Calvo & Calvo

Kuhn Law Firm, PA

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

Coleman & Coleman

Kushner & Kushner

Spivey Law Firm, Personal Injury Attorneys P.A.

Cole, Scott & Kissane, P.A.

Lee County Legal Aid Society, Inc.

Steinberg & Linn, P.A.

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

Levins & Associates, LLC

Strayhorn and Persons, P.L.

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

Maughan Law Group McNamara Legal Services, P.A.

Florida Rural Legal Services

McQuagge Law Firm

Fort Myers City Attorney’s Office

Men’s Rights Law Firm

Fried & Fried, P.A.

North Law Firm, P.A.

Weldon & Rothman, P.L.

Goldberg, Racila, D’Alessandro & Noone, LLC

O’Halloran & O’Halloran, Attorneys at Law

The Wilbur Smith Law Firm, PLLC

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

Osterhout & McKinney, P.A.

Yeslow & Koeppel, P.A.

Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein, Holz & King, P.A

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

How many Medical Malpractice cases are you turning away each year?

Last year, attorneys recovered more than

93 BILLION DOLLARS for the families of 440,000 victims who suffered due to Medical Malpractice.

Refer the clients you can’t help to Bounds Law Group and receive a 25% referral fee.

RECENT SETTLEMENTS County Case Referred From

Settlement Amount

Orange County

$3,450,000 (2015)

Orange County

$2,100,000 (2014)

Orange County

$1,975,000 (2015)

Orange County

$1,950,000 (2015)

Brevard County

$1,750,000 (2015)

Lake County

$1,675,000 (2014)

Marion County

$1,250,000 (2014)

Brevard County

$1,174,000 (2015)

Questions? Call us at 877-644-5122 or 407-644-5151, email us at information@BoundsLawGroup.com or visit us at www.BoundsLawGroup.com/PartnerProgram. *This program is subject to final approval by Bounds Law Group and may be dissolved at any time. While we are working with you to help your clients, this is not a legal partnership.

16

RES GESTAE | February 2016

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

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

EXPERIENCED. CONFIDENT. AGGRESSIVE. Attorney Katheryn Calvo

Board Certified Criminal Trial Lawyer

Attorney Jose Calvo Former Prosecutor

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

Criminal & DUI Defense

Family Law & Divorce Representation Se Habla Espanol

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

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 Naples ⋅ 1415 Panther Lane Naples, FL 34109

February 2016 | RES GESTAE

17

Legal Lens

Hon. Sheri Polster Chappell, Hon. Archie Hayward, Kathleen Fitzgeorge

Scott Atwood, Hon. Sherra Winesett

January LCBA & YLD Swearing-In Ceremony & Luncheon The 2016 LCBA and YLD leadership teams were inducted, and the LCBA Cares initiative officially established, at this membership luncheon on January 8.

Hon. Leigh Hayes, Scot Goldberg

Don Isaac, Patricia Varges-Vegas

Theresa Daniels, Angela Thompson

John Agnew, Michael Randolph

Katie Snyder, Kayla Richmond

Tom Coleman, Kristalyn Loson, Kayla Richmond, Anne Dalton, Candice Smith, Shannon Puopolo, Scot Goldberg, Jenna Persons, Kelly Fayer, Spencer Cordell, John Webb, Hon. Sherra Winesett Photos courtesy of Jim Jett Photography

18

RES GESTAE | February 2016

15t

h

By ed

RIL

et C rus h

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.

Leslea Ellis, LLC

Patrick E. Geraghty

Certified Public Accountant  Certified Fraud Examiner

AP

Don ’t G

Geraghty Mediation

Tax Preparation Services

Individual Form 1040

Partnership Form 1065

S-Corp

Form 1120-S 6326 Presidential Court - Suite 2 Fort Myers, FL 33919

(239) 690-6500 Authorized

Provider

February 2016 | RES GESTAE

19

FROM THE BALCONY TO THE BAR Lee’s bright legal future shines a light on the past

By Sara Fitzpatrick Comito

Balcony in the Old Courthouse photo 1955, courtesyFebruary Joanne Iwinksi-Miller, Deputy Clerk of Courts 2016 | RES GESTAE 21

T

his magazine’s retrospective of the Old Lee County Courthouse last August happened a month after the follow-up to “To Kill a Mockingbird” was published. Many readers’ elation at the surprise discovery of the manuscript turned to regret that Harper Lee’s “Go Set a Watchman” hadn’t in fact been lost to history. It turns out Atticus Finch, after whom a great many parents named their sons – and whose example inspired a generation of lawyers, perhaps wasn’t the paragon of progressive thinking that readers were intent on sanctifying. He had a dark side. But so does Lee County. for a stark reminder of a difficult past that must be acknowledged. So finally, in 2016, this bar association presents the perspective of two old friends.

With “Watchman” generating renewed A good head and a good heart are dialog about America’s troubled past, always a formidable combination.

Senior Judge Hugh Starnes seized the - Nelson Mandela opportunity to note this magazine’s seemingly fortuitous timing, and suggested another type of retrospective. “I wonder if it would not be appropriate for a follow-up article with the history of the balcony as the space for the black citizens to watch trials” he wrote.

Black folks in Maycomb who wanted to watch Finch defend Tom Robinson at trial had to do so from “the coloured balcony.” Likewise, in reallife Lee County, African American citizens were not allowed below. Visitors who tour Commissioners chambers will learn the balcony there was not built in response to any capacity issues.

Honorable Archie Hayward Judge Archie Hayward and attorney Don Isaac were among the first attorneys practicing in Fort Myers in the 1980s, which underscores a shockingly slow rate of progress, especially compared to other regions of the United States. As evidenced by the broad smiles and infectious enthusiasm of our cover subjects, though, they would much rather celebrate the strides than the setbacks. That being said, when the Board of County Commissioners meets on the first and third Tuesdays of every month in the old courtroom, they need only look up from the dais 22

RES GESTAE | February 2016

Born in 1959, Don Isaac is a selfmotivated optimist. He said, “I’ve always been bright-eyed and bushy-tailed; you couldn’t tell me no.” For the Florida Rural Legal Services (FRLS) Executive Director, issues of race and poverty go hand in hand. Most of the resistance he encountered along his career has had mostly to do with his advocacy on behalf of the poor, rather than his own skin color.

“There were a lot of judges that were

very liberal, and some that were very harsh – they challenged what we did,” he recalled. In tenants rights cases, for instance, “The housing authority was treated like kings, and we were treated like pariahs.” Congress, too, actively put limits on the organization, which today handles housing, public benefits, education, employment and consumer law for low-income individuals, and provides sorely needed legal services to migrants. No longer can FRLS represent prisoners, handle class action suits or voters rights cases.

Judge James Adams was admitted to The Florida Bar in 1983, with Don Isaac and Judge Hayward joining him in 84. There were very few black attorneys practicing at that time.

Marzel Mitchell had joined the bar in 1974, with Isaac Anderson, who went on to become the first black judge in Lee County, following in 1977. The first black female attorneys included former City Attorney Jacqueline Hubbard (admitted in 1985 – she was also the first African-American woman litigator, and served in the position of Litigation Section Chief for Collier County, from which she retired in 2012), and Andrea Fraser of the County Attorney Office (barred in 1991). Janice Cass, founder of the Lee County Black History Society, was admitted in 1992.

Isaac estimates that only about two to three percent of the lawyers practicing in Lee County today are black. If that number is accurate, it illustrates that the county is lagging behind the rest of the country.

Jim Jett Photography

The time is always right to do what is right.

- Reverend Dr. Martin Luther King, Jr.

Judge Adams and then-Fort Myers City Attorney Jacqueline Hubbard. Interested readers should call current President Melissa Y. Barris at [239] 226-0888 for information).

Although it’s clearly not a stumbling block to Isaac, he agrees with Judge Hayward that race must be acknowledged. Young attorneys who are black, like his son Derrick (also at FRLS) might still shoulder a greater burden than their white peers. He advises his son that the cream rises to the top, that there’s no substitute for hard work and being responsible. But then: “As a black

According to a New York Times article from August 2015, only four percent of law firm associates nationwide in the preceding year were of African American descent. Isaac’s estimate for Lee County’s practicing attorneys overall more closely reflects the percentage of law firm partners nationwide who are black: less than two percent. In addition, also according to the Times’ piece, the economic downturn was particularly hard on African American lawyers, who encounter greater job stagnation. The local judiciary, too, is far from representative of the community it serves.

Judge Hayward said, “There is a lot of progress that has taken place. I think there is always the issue of race that’s going to be there. Let’s face it; you can’t get around it.”

Those who have met the judge will know not to mistake his realism for pessimism.

Although race may still be “The Problem We All Live With” (to invoke Norman Rockwell’s iconic civil rights Don Isaac, Esq. movement commentary), according to the judge, “It’s person, you’re under the microscope not the stumbling block it has been more than others – you stick out. You in the past. People are more open and represent more than yourself; you accepting in the professional arena, at least in regards to making opportunities represent your entire race.” come about for people who are in search Isaac also successfully represented of employment, making contacts and an avowed bigot. When asked if that developing their talents and confidence.” experience may have softened the It’s a rare LCBA luncheon that Judge client’s attitude, he responded, “It never Hayward will miss, and as co-founders occurred to me. I was just doing my of the Isaac Anderson Jr. Chapter of the job.”

National Bar Association, he and Don Isaac agree that effective networking is Truth is powerful and it prevails.key to finding one’s niche in the legal Sojourner Truth community. (Other founders include

The Lee County Clerk of Courts office is planning an exhibit in honor of Black History Month throughout February on the second floor of the Administration Building. Please attend. In no way can these meager column inches properly contain the scope of the contributions black citizens and members of the legal community have made, nor chronicle their struggles along the way.

According to Deputy Clerk of Courts Joanne Iwinksi-Miller, history owes a debt also to Frank Pavese, Sr., who alerted the county that the separate water fountains and restrooms at the courthouse meant that it was not in compliance with the Civil Rights Act of 1964. She said, “Frank Pavese told the county commissioners they had to take down the signs, and they were afraid there would be trouble. They took down the signs and nothing happened.”

Acknowledging The Florida Bar’s own troubled past, which echoes the greater American struggle with segregation, Chief Justice Peggy A. Quince established an initiative to chronicle the African American attorneys who first took a chisel to the state’s particular glass ceiling. Florida’s First Black Lawyers (1869-1979) was published in partnership with the Virgil Hawkins Florida Chapter National Bar Association in 2009.

To date, Res Gestae had not highlighted the LCBA’s own first black lawyers. Judge Starnes thought it was time to acknowledge the history that the balcony represents: “Although it may be painful, I fear that saying nothing is more painful to the African American population, and probably has been noticed more than we would realize.”

With anything that you’d like to say, email resgestae@leebar.org. RG Jim Jett Photography

Never be limited by other people's limited imaginations. - Dr. Mae Jemison

February 2016 | RES GESTAE

23

Legal Lens

David Ciccarello, Ryan Doyle, Geraldo Olivo

John Webb, Nirupa Netram, Spencer Cordell

January LCBA & YLD Swearing-In Ceremony & Luncheon

Hon. Josephine Gagliardi, Public DefenderKathy Smith Kelly Fayer, Charles Ferber

OFFiCE Sharing OppOrtunity with Patterson, Eskin and Ball

Henry Lee Paul, Anne Dalton Photos courtesy of Jim Jett Photography

Thinking Social Security Disability?

Think Kushner & Kushner.

1420 SE 47th Street Cape SE Coral, FL 33904 1420 47th Street

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

24

RES GESTAE | February 2016

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

2121 West First Street • Fort Myers, Florida 33901

Patrick Callan

Hodges University

Leah Heinrich

Matthew A. Linde, P.A. Miesha Hewitt

U.S. District Court

Tania Nordelo Ogden

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

State Attorney's Office Caleb Pringle

Strayhorn and Strayhorn, LLP

February 2016 | RES GESTAE

25

In The News Brian D. Orsborn has joined The Law Office of Kevin F. Jursinski & Associates as a new associate.

He handles a wide variety of construction litigation and construction-related issues. In addition, he assists clients with civil litigation matters including business and contract disputes, tort actions, and liens and foreclosures.

Orsborn earned his Juris Doctor from Thomas M. Cooley Law School in 2007. He received his Bachelor of Arts from The Ohio State University in 2003. Prior to practicing full time, Brian worked as a judicial clerk to the Honorable Peggy A. Quince, Justice of the Florida Supreme Court. He is also a veteran of the United States Coast Guard. He served our country as a Boatswain’s Mate.

Paul A. Giordano, a partner in the Fort Myers office of Roetzel & Andress LPA, recently assumed the role of Chairman of the Coastal Conservation Association of Florida (CCA). He previously served as Vice-Chairman. The CCA has as its objective the conservation, promotion and enhancement of both the present and future availability of Florida’s coastal resources for the benefit and enjoyment of the general public.

Giordano handles a variety of business and commercial litigation, with a special focus on bankruptcy and creditors' rights, partnership disputes, commercial foreclosures, contract and corporate disputes, and general and professional liability lawsuits.

Sharon Read has received the 2015 Distinguished Paralegal Award for Lee County from the Paralegal Association of Florida, Southwest Florida Chapter of Henderson, Franklin, Starnes & Holt, P.A. She joined Henderson Franklin in May 1994 working exclusively in the Tort & Insurance Litigation division performing demanding duties including interviewing witnesses, taking statements, preparing and analyzing documents, conducting research and investigation and attending court-related hearings and trials. Over the years, Read has dedicated countless hours volunteering for many youth and elderly organizations.

Read is pictured with Michael Corso.

The Dellutri Law Group challenges LCBA members to a Chili Challenge for Charity to be held Feb. 20 from 11 a.m. to 5 p.m. at Six Bends Harley Davidson. Can You Stand The Heat? is a family friendly community event and fundraiser to benefit the nonprofit Southwest Florida Lawyers Helping Children Inc. This annual event will bring together lawyers and the local community to raise funds to help children in Lee County. A portion of the proceeds derived from the event will be used to help promote child safety in our community. Any member of the bar, private practice or firm can enter the Chili Challenge through Friday, February 12, 2016. Call Christie Lee Garratt at (239) 939-0900 or visit goo.gl/ b2gsP7 to fill out an entry form. You can also email Cgarratt@DellutriLawGroup.com.

For the second consecutive year, Goldstein, Buckley, Cechman, Rice & Purtz, P.A.’s employees donated a number of boxes and bags containing clothing and household items to the Vietnam Veterans of America. The donation drive has been led by the firm’s partner, Christopher Smith.

The Vietnam Veterans of America is a respected charity that gives aid to all of America’s veterans, not just those of a particular age group or war. By donating used clothes, shoes, appliances or other household items, funds are generated to help take care of soldiers and servicemen and women who help keep America safe from harm. For more information about the Vietnam Veterans of America visit www.vva.org or contact Christopher Smith at 239-334-1146.

Erin Houck-Toll, a stockholder in the Business & Tax Division at Henderson, Franklin, Starnes & Holt, P.A., has been recertified by The Florida Bar as a Board Certified Tax expert, a designation she initially received in 2010. Houck-Toll is also Board Certified in Health Law and is one of only three dual board health and tax law attorneys in the entire state of Florida.

Houck-Toll assists clients in business planning, health care law, mergers and acquisitions, and intellectual property issues. She also has an active federal and state taxation practice, representing individuals, businesses, non-profits and tax exempt organizations before the IRS, Florida Department of Revenue and United States Tax Court.

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.

26

RES GESTAE | February 2016

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

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...™

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

February 2016 | RES GESTAE

27

The Dish

There’s a café called Happiness Healthy, and its name is truth in advertising. So is the fresh, savory aroma that greets visitors to the unassuming storefront on Cleveland Avenue, between Passaic and Ricardo Ave. It offers counter and table seating, but does much of its business in takeout orders.

Fortunately for this writer, I live within delivery range. So I have options.

several varieties, with combinations based on tandoori-spiced chicken; black beans and jalapeno; turkey, bacon and cheese; and tender chickpeas. Kartik’s delicious homemade mint chutney is a common feature on each naanwich.

Raita, a yogurt sauce with cucumber, onion, garlic and spices, can be added to any one of them to make it “signature.”

If I’ve been good and need a refueling after a good yoga session, I can call ahead and pick up a nourishing meal on the way home. If I’ve been bad and need to make up for some excesses (You have seen my other food columns, right?), I can curl up on the couch and wait for some comforting soup and a light, balancing nosh to be brought right to me. Sometimes owner Kartik Patel personally knocks on the door.

Wraps, paninis, soups and fruit smoothies are popular options, all featuring simple, fresh ingredients in yummy combinations, with choices for everyone. Kartik’s mission shines through in everything that gets passed across the counter. “I am vegetarian and love simple and healthy food,” he said. “So we thought about starting a small café with simple, tasty and healthy alternative for vegans, vegetarians and carnivores.”

He taught himself to cook and, using his friends and family as taste testers, developed the menu for the casual eatery that he owns with his wife Shavani.

“This is my first business, and wanted to start something unique,” he said. Word has gotten out, judging from the LCBA members I’ve seen meeting there for a

28

RES GESTAE | February 2016

post-workout meal, so I’m likely preaching to the choir. The restaurant celebrated its fourth anniversary in January.

For the uninitiated, meet the naanwich: Kartik takes that warm, stretchy ovenfired flat bread that’s ubiquitous in Indian cuisine, fills it with tasty fillings, folds it over and serves with pride. There are

If you have in fact seen my other food columns, you know about my carnivorous proclivities. But some culinary traditions work such a special alchemy with combinations of vegetables, spices, Photo: Indian cuisine

The Dish

textures and colors, that the vegetarian offerings become my natural go-to.

Indian cuisine occupies the number-one spot on my list in that regard. Happiness Healthy Café offers a limited number of curries, some with chicken, but I really crave the vegetarian selections.

The triathletes among our members will find a good portion of protein in the legume-based curries. The Golden Gram Spinach Curry is a soothing delight of lentils and spinach cooked with onions, tomatoes and warming spices. Although it’s a vegan selection, it’s made luxurious with the addition of coconut cream.

Served with naan, mint chutney, raita and basmati rice as a lunch combo, your senses will be well attended to. Add a daily soup, like the exotic, tangy beet rasam or lal tomato (short for lal shimla mirch aur tamatar ka) for a complete dinner. My favorite curry is the paneer masala, featuring cubes of the fresh, buttery Indian cheese called paneer in a creamy tomato spiced curry. The level of hotness can be modified for your taste.

Whatever makes you happy! RG

Photo top left: chicken wrap. Photo bottom: smoothies in a variety of flavors.

Happiness Healthy Café 3332 Cleveland Avenue Fort Myers Mon - Sat: 10:30 a.m. - 8:30 p.m.

(239) 362-2075 www.happinesshealthycafefl.com

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

Send suggestions and comments on this regular feature to Sara@ConricPR.com.

LOCATED DIRECTLY ACROSS FROM THE COURTHOUSES

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

Hotel Indigo Downtown River District • 1520 Broadway Ave, Suite 100 • Fort Myers, FL 33901 February 2016 | RES GESTAE

29

On the Bench Hon. Peter A. Bell Florida Weekly ran a “Best Of” list a few years back that included an unexpected category: Best Judge. Description of the winner read, “He’s a benevolent judge, but be ready to duck if he decides to throw the book at you.” Hearing it read aloud, Charlotte County Judge Peter A. Bell laughed heartily. “I’m willing to throw the book at someone,” he explained, “I prefer to give the sentence that will help them get the message that their lifestyle needs to change.”

He also enjoys giving the benefit of the doubt when possible – and it’s often not. A young lady once came before Judge Bell on a violation of probation arrest warrant claiming it was not she who had been arrested, but her sister who used her name. When asked how old the sister was, the defendant answered that the sister was three months older. No, they were not half sisters by the same father. And apparently no one had ever explained to her how these things work. “She presented it with such a straight face, but had not bothered to analyze the reasonableness.” Fingerprints revealed the perpetrator was the same person who stood before the judge that day.

As a county judge, he gets to hear a wide variety of criminal and civil cases, and even navigate some untested waters. During a commercial fishing net ban case, wildlife officers claimed the defendant’s net was too big.

The evidence was brought into the courtroom, measuring roughly 120 feet long by five feet wide.

The judge began his career as a clerk at Fowler White Boggs Banker in Tampa and then entered private practice after law school at South Texas College of Law. His judicial goals were inspired by Judge Darryl Casanueva’s ascension to the circuit bench. Judge Bell encouraged Judge Winesett to set up the general Master Program for Charlotte County, and helped develop diversion court programs such as Mental Health Court and Juvenile Drug Court. Something new is his responsibility for half of Charlotte’s probate cases. Judge Bell also enjoys teaching on the Christian Foundation for America’s Political Philosophy at Southwest Florida Bible Institute.

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 30

RES GESTAE | February 2016

WWW.VONAHNASSOCIATES.COM

FAX: 239-332-4066

McHale, P.A.

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

Management

PARTNERSHIP OPPORTUNITY

McLaughlin & Stern, LLP, one of New York’s oldest and prestigious law firms, continues to expand its Florida footprint. The firm currently has offices in West Palm Beach, Naples and Miami.

We are inviting attorneys and small to mid-size firms with portable business to discuss with us the possibility of partnership in our Naples office located in the Newgate Office Tower.

Contact: Christopher Marsala at cmarsala@mclaughlinstern.com

McLaughlinStern.com 5150 Tamiami Trail North, Suite 602 • Naples, FL 34103

February 2016 | RES GESTAE

31

From the Bar Blaze Douglas, Esq. Since being admitted to practice in 2014, Blaze Douglas has enjoyed the gentle introduction to the “big bar” that her involvement with the Young Lawyers Division has provided. So it’s only natural that she’d now be serving as the recruitment chair for that vibrant organization, which can help to ratchet down any intimidation factor. “It’s good to go to big bar meetings and feel more like you have a support network already in place,” she attested. “And the LCBA has a lot of events, more than other bar associations.”

Hahn Loeser & Parks has been another ready support network. Douglas first began working at the Fort Myers office of the Cleveland-based firm as a summer associate before graduating magna cum laude from the University of Miami School of Law. The mentorship and training opportunities she’s enjoyed while practicing as a commercial litigator have proven a real confidence booster, even as her personality had already determined her career path at a young age: “I’m strongminded. I love to argue. Everyone around me knew it was a calling since I was about nine.”

She especially enjoys channeling her fervor to benefit small business owners in state and federal court. Her parents spent 30 years building a business, and the relief she can help provide others like them is its own reward.

Originally from Lexington, Ky., Douglas was drawn to the small town feel of the “slower west coast,” as Miami school friends deridingly referred to our region. “It’s easy to get involved in things right away. I love how engaged everyone is around here.”

As of this writing Douglas was preparing to again serve as judge for the Lee County Mock Trial Competition. She also served on the first-ever LCBA committee for the Tux & Trees gala to benefit the Southwest Florida Goodwill Foundation. She’s involved with many organizations to benefit women. As a volunteer with WISH (Women Instilling Strength and Hope), she helps provide mentorship and resources to young women in the juvenile justice system. Douglas also shares many attorneys’ passion for running. Her number-one pastime, though, is anything that involves her faithful Jack Russell.

“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

32

Barbara A. Reilly, CPA

RES GESTAE | February 2016

CPAMassie.com • 239.768.2171

In 2016, make sure your law firm has the support of an award-winning marketing team.

Branding | Websites | Publications | Social Media | Advertising | Media Buys

239.690.9840 ConricPR.com

Virtual Offices & Conference Room Packages

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

239.333.0000

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.

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

February 2016 | RES GESTAE

33

From the Bar John Musca, Esq. John Musca eats, breathes and sleeps criminal defense. “I’m one of those can’t-sit-still types,” he said. “I actually enjoy my work as a hobby.” He does happen to have a penchant for travel, with Madrid being a favorite destination – the siesta culture is a good counterpoint to his gogo-go nature. He has even attended international language and legal studies overseas at that city’s world-renowned “Instituto Internacional.” But Musca’s primary passion is never far from his focus. “Criminal defense is an opportunity to really help people who are being judged on the worst day of their life.”

It’s hard to imagine a worse day than being charged with a DUI, drug crime or sex crime, so the Musca Law Firm has a heavy emphasis in those areas. Based in Naples and Fort Myers, and with 13 bona fide across the state, Musca plus 16 associates serve clients throughout Florida.

The youngest of seven children, Musca has been visiting Southwest Florida since birth – a side benefit to his father’s commercial real estate investments locally. Having decided he didn’t want to be a personal injury or real estate lawyer like his father was for 45 years, he started at the Public Defender’s office in 1999 in Lee County under Robert Jacobs. That lawyer’s body of work was an inspiration to Musca, and included a precedent-setting case that resulted in the Florida Supreme Court changing the death penalty law for juveniles. “Two advantages from public defender trial experience are being able to handle a wide variety of criminal cases, and needing to do so under pressure because as a public defender, you handle 70 to 90 cases at any given time,” he said.

Musca’s website offers a laundry list of colorful charges against his clients that have been dismissed or have resulted in no formal convictions. In addition to his emphasis on criminal defense, he is focused on helping people untangle the administrative headaches that result from their charges. To that end, he opened a second Naples office, which is dedicated exclusively to handling formal administrative reviews following DUI arrests. Musca was a 1994 graduate of Boston College, and received his JD from the Case Western University School of Law in 1997.

CRIMINAL DEFENSE

SCOTT T. MOOREY

Don’t Litigate...Mediate Mediation & Arbitration

Personal Injury • Wrongful Death Commercial Litigation

275-5552 1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com

34

RES GESTAE | February 2016

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

Mediation of Insurance Coverage and Extra Contractual Matters Anywhere in Florida 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.

Geoffrey H. Gentile, Esq.

Statewide Experience:

(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

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

BoyleGentilelaw.com February 2016 | RES GESTAE

35

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, 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

February 2016 | RES GESTAE

37

The Ritz-Carlton Golf Resort Friday, May 6, 2016 | Pre-Conference May 5 Join us for Ave Maria School of Law’s 3rd Annual Estate Planning Conference

Southwest Florida’s Premier CLE Estate Planning Conference CLE CREDITS General: 10.5 Ethics: 1.5

CTFA CREDITS: 10.25 FID: 3.25 FP: 5.0 TAX: 2.0

featuring nationally recognized speakers discussing the latest estate planning techniques and topics.

Featuring: Jonathan Blattmachr and S. Stacy Eastland Two of the country’s most creative trusts and estates lawyers!

Register Now at: estateplanning.avemarialaw.edu For more information: Contact Jean Takacs at: jtakacs@avemarialaw.edu • (239) 687-5344

We are most grateful for our sponsors! plAtinum SponSor:

preSentinG SponSorS: Clifton Larson Allen PCE Valuations

lunCh SponSor:

Ariel Capital Advisors, LLC

BreAkFASt SponSor:

Leslie Hindman Auctioneers

Gold SponSor:

Wi-Fi SponSor:

Farmer & Associates, PLLC

ConCurrent SeSSion SponSorS: Akerman LLP Cummings & Lockwood, LLC Gassman Law Associates, P.A. Providence Family Offices Roetzel & Andress, LPA

AdditionAl SponSorS:

Collier County Bar Association Hill, Barth & King Lee County Bar Association Sabadell Bank & Trust Thompson Reuters Veralytic Hawthorn PNC Family Wealth

Ave Maria School of Law was founded in Ann Arbor, Michigan, in 1999, and in 2009 relocated to Naples, Florida. It is licensed by the Florida Commission for Independent Education, License Number 4007, and is fully accredited by the American Bar Association. A copy of the official registration and financial information may be obtained from the Division of Consumer Services by calling toll-free within the state. Registration does not imply endorsement, approval, or recommendation by the state. http://www.freshfromflorida.com/divisions-offices/consumer-services 1-800-435-7352. Ave Maria School of Law is a 501(c) (3) organization. (E.I.N. 38-3519708)

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 February 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

“Local businesses deserve customized solutions.”

— Pam Edwards, Senior Vice President, Commercial Lending

Like Thomas Edison, we believe there is always “a better way.” That’s why we take a personal approach to serving business customers.

Pam Edwards provides customized solutions based on 38 years of local banking experience.

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

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