THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION JULY 2016
JUDGE BRANNING'S PET PROJECT Therapy dogs help kids in court
APPELLATE BRIEF WRITING Beyond mediocrity SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949
Contents Judge Lauren Brodie was the guest of honor at the Lee County Association of Women Lawyers’ annual judicial reception. Pictured (l to r): Judge Devin George, Judge Lauren Brodie, Judge John Steele, Judge Tara Paluck and Chief Judge Michael McHugh.
Cover design: April Bordeaux
features 22 Depending on Dogs Therapy pets soothe kids in court by Sara Fitzpatrick Comito
departments
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6 Letter from the President
by Scott Atwood, Esq.
8
Calendar of Events
10 Ethically Speaking
by Henry Lee Paul, Esq.
12 Appellate 101
Appellate Writing: Beyond Mediocrity by Laura J. Lee, Esq.
14 Advertiser's Spotlight
Spivey Law
16 Legal Lens
Golf Tournament
18 Legal Lens
Golf Tournament
20 Legal Lens
LCBA Luncheon
26 Legal Lens
Key West
28 Legal Lens
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Key West
RES GESTAE | JULY 2016
29 CLE & CME Seminar
Ethics and Professionalism in Dependency Mediation
30 The Dish
Jack's Farm to Fork
32 Legal Lens
Judge Gentile Investiture
33 Lee County welcomes Belarus 34 On the Bench
Honorable Douglas Frazier by Kathy Grey
36 From the Bar
Angela Agostino, Esq. by Kathy Grey
38 From the Bar
Matthew Irwin, Esq. by Kathy Grey
40 In the News
News and Happenings
AD DIRECTORY Barbara Pizzolato 13 Birch Properties 15 Boyle & Leonard, P.A. 42 Business Observer 37 Calvo & Calvo Attorneys at Law 41 Compass Law Firm 27 CONRIC PR & Marketing | Publishing 34 CopyLady 4 David L. Orosz, Esq. 15 Denise Kennedy 27 Dial A Nurse Inc. 37 Donna Tisch 36 Edison National Bank BC Endeavor Workspaces IFC Experience Real Estate Group, LLC 13 Florida Dispute Resolution 41 Fort Myers Court Reporting 27 Garvin Law Firm 19 Get Smart Bail Bonds 17 Geraghty Mediation 39 Heather Fitzenhagen 38 Henderson, Franklin, Starnes & Holt, P.A. 21 Hotel Indigo 35 Jason L. Gunter, P.A. 7 Joe Viacava Law IBC Kempton P. Logan 7 Kushner & Kushner Attorneys 17 Law Firm of Scott T. Moorey 29 Leonard P. Reina 15 Leslea Ellis, LLC 21 Levins & Associates, LLC 39 Livingston Loeffler, P.A. 19 Martin Law Firm 13 Massie & Reilly CPAs,PLLC 7 McHale, P.A. 19 Merit Court Reporting, Inc. 32 Musca Law Office, Inc. 3 Patterson Eskin & Ball 17 Spivey Law Firm 5 Tarpon Bay Restaurant 33 Veranda Restaurant 27 Vantage Construction Services 17 Von Ahn & Associates 37 Webb & Scarmozino 39 William DeForest Thompson Jr., LLC 11
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Letter from the President What a busy month. Your LCBA membership has been hard at work in the community and in improving our relations with one another. I have focused this year on kids’ issues, and we held a great event on that front. We held what has become an annual Golf Tournament, and it was a resounding success. The membership really came out to show its support for the Guardian Ad Litem Foundation. We had a record number of golfers and sponsors. In the end, we were able to provide the Foundation with almost $20,000 to go toward assisting kids in the guardian ad litem system. This could not have happened but for the amazing work of the golf committee, led by Ken Jones and Shannon Puopolo. They made the event go like clockwork. Thanks to everyone who made this event what it was: amazing. On a more somber note, Bar President Ray Abadin joined us for a joint luncheon with the Lee County Association of Women’s Lawyers to discuss gender diversity and sensitivity issues. It was a lively and well-attended discussion, and I very much appreciate the legal community’s willingness to address this difficult topic. Unfortunately, despite the many strides we have made in the profession, we still retain a number of vestiges of the days when women were not equal partners in the profession. I hope that President Abadin’s visit sparks continued discussion amongst us. Finally, we hosted our inaugural overnight retreat, taking the Express ferry to Key West, thanks to a great deal obtained for us by sponsor Massie and Reilly CPAs. Upon arrival, the group was treated to cocktails sponsored by Hollander & Hanuka. We had fine accommodations at the Waldorf Casa Marina, and a social hosted by the Garvin Law Firm, followed by a sunset cruise. The weather was perfect, and the nearly 35 people who joined us for the trip had a great time connecting and getting to know each other in an informal environment. Enjoy your summer. We are going to take a little break in the activities in July, but we will be back in August with some great events. Take care.
Scott Atwood, Esq. scott@atwoodlawfirm.com | 239.898.4130 6
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LEE COUNTY BAR ASSOCIATION ADMINISTRATION 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. TORT LITIGATION Preston John (PJ) Scheiner, Esq.
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Calendar of Events Some dates for 2016 Section Meetings have not been confirmed. Check our website for details.
July 1
Young Lawyers Division Meeting
Noon – 1 p.m., Twisted Vine Bistro, 2214 Bay St., Fort Myers
July 13
General Civil & Business Litigation Practice Section Meeting
July 28
August 25
Noon – 1 p.m., 1500 Monroe Street, Fort Myers, Room 1-B
Noon – 1 p.m.
Land Use & Governmental Law Practice Section Meeting
NO Family Law Practice Meeting for July
Noon – 1 p.m., Lee County Justice Center, Courtroom 4-H, CLE Application pending for 1 hour credit. Lunch sponsored by Von Ahn Associates, Inc.
August 12
July 15 – 16
August 18
The Ritz-Carlton, 280 Vanderbilt beach Raod, Naples
Noon – 1 p.m., Lee County Justice Center, Courtroom 5-C
2016 Voluntary Bar Leaders Conference
July 15
Criminal Law Practice Section Brown Bag Meeting, Noon – 1 p.m., Lee County Justice Center, Courtroom 7B
Family Law Practice Section Meeting
August 19
Solo and Small Firm Practice Section Breakfast Meeting
LCBA General Membership Meeting
7:30 a.m., Fort Myers City Pier, 1300 Hendry St.
Noon – 1 p.m., Location TBA
August 24
Executive Council Meeting
July 21
Criminal Law Practice Section Social
5:30 p.m., Barrel Room, 2214 Bay St., Fort Myers
LCBA After Hours Social Criminal Law Practice Section Meeting, Noon – 1 p.m., CLE application pending approval
Land Use & Governmental Law Practice Section Meeting
September 14
General Civil & Business Litigation Practice Section Meeting Noon – 1 p.m., Lee County Justice Center, Courtroom 4-H
September 15
Family Law Practice Section Meeting
Noon – 1 p.m., Lee County Justice Center, Courtroom 5-C.
September 21
Executive Council Meeting
September 22
LCBA General Membership Meeting 11:30 a.m. – 1 p.m., Marina at Edison Ford
September 29
Land Use & Governmental Law Practice Section Meeting Noon – 1 p.m.
September 30 Bench/Bar Gala
7 – 10 p.m., Sidney & Berne Davis Art Center 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
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Y oung Lawyers Division
Holidays in July
Join the Young Lawyers Division from 11 a.m. to 2 p.m. Saturday, July 23, for
Holidays in July at the Imaginarium Science Center, 2000 Cranford Ave., Fort Myers. This fun event provides a special holiday experience for children in foster care and their families. These families often receive a little extra attention during the winter holidays, but what about the rest of year? Santa understands the need for some holiday cheer any time of the year, so he’s marked his calendar to make a special trip to Fort Myers...Santa always needs some helpers and interested YLD and LCBA members should contact Kristalyn Loson at kloson@cityftmyers.com for more information. Join in the fun!
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. Laura J. Lee, Esq. Sara Fitzpatrick Comito Kathy Grey BILLING INQUIRIES 239.334.0047
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.
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.
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.
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Ethically Speaking
LIEN RESOLUTION SAGA CONTINUES By Henry Lee Paul, Esq.
O
n January 15, 2016 The Florida Bar filed a Petition to Amend Rule 4-1.5 (Fees and Costs) in relation to allowable lien resolution efforts applicable to personal injury cases. This petition is the third attempt by The Florida Bar to address lien resolution issues. The Supreme Court rejected a previous proposed amendment in 2012 that authorized a relatively liberal lien referral methodology. In 2015 the Court sent another proposed amendment back to The Florida Bar for further revision. The current petition, identified as SC16-104, was scheduled for oral argument on June 8, 2016. The Florida Bar submitted the proposed amendment only after it was approved by a divided Board of Governors in a 26-17 vote. Comments filed with the Court reveal that there has been strong opposition to the proposed amendment among some personal injury lawyers and lien resolution companies. The proposal, which is a full two pages of text, would require that the primary lawyer handle all ordinary lien resolution matters.
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If the primary lawyer reaches an “impasse” in the attempted resolution of a lien, only then may it be referred to an “extraordinary lien and subrogation lawyer.” Court approval of this arrangement must be obtained in the event the lien lawyer’s fee, when combined with the primary lawyer’s fee, exceeds the standard fee schedule for personal injury cases. A contingency fee charged by a lien lawyer may be based on savings to the client. The proposed rule provides that the court considering approval is authorized to reduce the fee of the primary lawyer to make the overall fee comply with the standard fee schedule. The client must give informed consent in writing to any such arrangement and must sign any application to a court for approval of the arrangement. The proposed rule prohibits division of a fee between the primary lawyer and lien lawyer. Some of the most insightful comments in opposition to the proposed rule change relate to the uncertainty of whether referral to non-lawyer lien resolution companies is allowable. Former Chief
Justice of the Supreme Court Major B. Harding is representing one such company and was scheduled to participate in oral argument before the Court. One thing is for certain: personal injury lawyers with lien resolution issues will remain in uncertain territory, at least until the Court makes a decision regarding the lien resolution proposal. The Florida Bar’s position under the existing rule appears to be that referring lien resolution matters to another attorney will result in a clearly excessive fee if the combined contingent fees exceed the authorized schedule of fees in a personal injury matter. RG
Henry Lee Paul is former Bar Counsel who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
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Appellate 101
by Laura J. Lee, Esq.
Effective appellate brief writing involves more than mere compliance with Florida Rule of Appellate Procedure 9.210. Remember, appellate judges and clerks are human too and prefer not to wade through tedious walls of words in search of your best argument. Rather, they welcome briefs that lay out, clearly and concisely, the alleged prejudicial errors in the trial court and how those issues impact the development of the law and public policy. Your opportunity to persuade the Court begins with the statement of facts. Use this section to tell the story of the case. In this way, you gain the reader’s interest and begin persuading without introducing argument. Avoid simply delineating each witness’s testimony. Any necessary specification of particular testimony should be woven into the story. And remember, the facts are the facts—even the bad ones. Acknowledge them upfront; the Court will find them anyway. Allowing the Court to discover you have hidden the ball diminishes your credibility. Of course, your powers of persuasion are affected greatly by the applicable standard of appellate review. A full discussion of the importance of the standard of review is beyond the scope of this article. Suffice it to say, in providing the standard of review,
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it behooves you to closely examine each decision for which you are alleging error. A dual standard of review might apply to a decision with multiple components. For example, the trial court might have made factual findings (reviewed for competent substantial evidence) and then drawn a legal conclusion from those factual findings (reviewed de novo). Isolate the portion of the decision for which you are alleging error. See generally, Padovano, 2 Fla. Prac., Appellate Practice § 19:3 (2015 ed.). Your brief will be most persuasive if you lead with your best argument. Avoid the temptation to throw in the kitchen sink. Such an approach detracts from your potentially winning argument and annoys the reader. Absent a good faith cumulative error argument, identifying every minor point of error undermines your credibility and persuasiveness. Similarly, cite the best case to support each point of your argument. If the law is well established, simply say so and cite a recent case from the controlling DCA or the Supreme Court. Unnecessary lengthy string citations are irksome. Also, be sure to actually read the cases you cite. Not infrequently, a party cites boilerplate from a headnote while the case itself actually
supports the opposing party. If you are analogizing or distinguishing a case, do the analysis. Too many briefs rely on conclusory statements without analyzing the facts, procedural posture, or state of the law at the time the decision in the case at issue was reached. Unfortunately, many appellate briefs, while perhaps compliant with Rule 9.210, are simply ineffective. Of course, the foregoing strategies will not guarantee a win every time; however, they will demonstrate your integrity and build your reputation with the Court. In the long run, this is the best way to serve your clients. RG
Laura J. Lee, Esq. began working with the Guardian ad Litem Program as a children’s best interest attorney in the 20th Judicial Circuit. She then found her niche as a senior program attorney with the GAL appellate team. Previously, Attorney Lee served for six years as an elbow clerk to the Hon. Kathryn E. Zenoff with the Illinois appellate court.
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Advertiser Spotlight
By Sara Fitzpatrick Comito
Many personal injury and wrongful death law practices keep a running tally of outstanding verdicts and settlements on their websites. For Randall Spivey, those successful results represent not only career highlights, but triumphs on behalf of human beings deserving a better future. The Spivey Law Firm represented a young lady who sustained horrific burns when the car she was a passenger in caught fire when the driver struck a tree. She required extensive hospitalization in a Tampa burn unit. “I personally travelled to Tampa every week to see her to let her know I care,” Spivey said. Upon her release, his client went through months of rehabilitation. Spivey recalled, “I knew
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her future was in my hands, as she would never be able to work again.” He achieved an eight-figure settlement, which secured her future. Sometimes insurance companies decide to make things more difficult for themselves against a firm that’s all too willing to step up the fight. Consider the school teacher client whose own insurance company refused to pay the full benefits he had paid for to cover him in the event he was hit by an underinsured motorist – which he eventually was. The client presented many opportunities for the company to settle, but it stood firm. “My client referred to his insurance company as a ‘bully’ for forcing him to go to trial and spend thousands in litigation costs to get the benefits he paid for,” Spivey said. Following a several-day trial, the jury returned a verdict of several million dollars in favor of his client. “In the end, the insurance company had to pay a lot
more than the amount of insurance he purchased, and that totally could have been avoided if they had accepted the multiple offers he made to settle within their policy limits.” Tenacious advocacy is a source of pride, but the firm’s business model is equally important. Spivey said, “We focus on high quality, not high volume. This allows us to have regular communication with our clients, personal service to every one of them, and results that show we were dedicated to every one of them individually.” These values influence the positive work culture at the firm, where all staff is equally engaged in making clients happy. Spivey concluded, “Each case can require tens of thousands of dollars to litigate, and we are set up to make sure we can do that for every case in our office if needed.” In addition to its clients, Spivey Law Firm serves the community through its support of boys’ and girls’ youth sports programs including the Gateway Soccer Association, San Carlos Little League, Court Vision and local high schools. RG
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Legal Lens
LCBA Charity Golf Tournament A record number of players took to the greens for the 6th Annual LCBA Charity Golf Tournament on May 21. Proceeds, including from the record number of sponsorships and silent auction items, benefitted the Guardian Ad Litem Foundation. Photo credit: Jim Jett Photography
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Legal Lens
LCBA Charity Golf Tournament Photo credit: Jim Jett Photography
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Legal Lens
LCBA and LCAWL Joint Luncheon The Lee County Association of Women Lawyers co-sponsored our monthly luncheon on June 1. Special guest Ray Abadin, president of The Florida Bar, spoke on professionalism and gender issues that are still pervasive in the legal field. Photo credit: Jim Jett Photography
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DEPENDING ON DOGS Therapy pets soothe kids in court By Sara Fitzpatrick Comito
W
hen Judge Robert Branning assumed the dependency docket in Lee County, it was with a certain dogged determination. Children’s Advocacy Center of Southwest Florida was yielding terrific results with its newly launched pet therapy program. The judge agreed with the agency’s CEO, Jill Turner, and the program’s coordinator, Keli Ackroyd, that having a paw to hold could make the process of going to court a lot less scary for the little ones. It was a natural fit. Said the judge, “The entire focus of dependency court is on the needs and welfare of children.” Fortunately, he didn’t have to do much hounding of Chief Judge Michael McHugh, who just signed the order on June 9 to officially extend CAC-SWFL’s pet therapy program’s reach into the Justice Center. Judge Branning said, “I am extremely excited about the opportunity this presents to help the needs of the children in the Twentieth Circuit.”
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and the child would direct his answers to Hope and so begin to do the hard work of healing. Ackroyd said, “For a lot of these kids, their experience with the animals is often their first experience with unconditional love. It makes them more compliant with therapy because they want to see their pet person.” Children may now have a “furry, friendly face” to accompany them from that first puppy greeting all the way through the judicial outcome. It’s been tried elsewhere, with similar programs in use in the
A SAFE SPACE Two rooms adjacent to Judge Branning’s courtroom are specifically designated “children’s areas,” where kids are buffered from as much of the stress and excitement of the proceedings as possible. These rooms are filled with games, toys and other items that have been donated by community members and various agencies. Sometimes even these wonderful things fail to engage the children. According to Ackroyd, “They’re sitting in the waiting room all by themselves,
about to go face the person that may very well be their perpetrator, so they start melting down.” Specially trained therapy dogs can now be employed before and after court for petting, hugs, to act as a listening ear or just to be there for a child who may have trauma and is dealing with uncertainty, stress and many frightening things. They can also be there for one-on-one meetings with the judge, when the children’s room will act as judge’s chambers. Children who end up in dependency court have often not benefitted from a lot of consistency in their short lives. As part of her morning routine, Ackroyd pays a visit to Gulf Coast Humane Society to find the day’s volunteer – a 24
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puppy! “When the kids come through the door at the center, the first thing they’re greeted by is a little, furry, friendly face,” she explained. “It helps the kids not be so overwhelmed, and honestly it helps the adults, too.” As a case progresses through the courts, CAC-SWFL provides muchneeded therapy to children who have been physically or sexually abused, abandoned or neglected. Sometimes traumatized children can be hard to reach, however. Ackroyd has stats to bolster her enthusiasm for petassisted therapy. According to a study, 86 percent of kids believe that dogs understand exactly how they feel, and 99 percent feel safe telling a dog their secrets.
UNCONDITIONAL CANINES One eight-year-old boy had been to several different places for therapy and would not speak to the therapist, who had tried just about everything. With the boy’s anger issues, there was concern about introducing an animal. As a last resort, the therapist brought the aptly named Hope into the session. The child immediately gravitated to the dog, and began petting her. After several sessions, the therapist was able to ask questions,
Second, Fifth and Fifteenth circuits of Florida. Judge Branning said, “I can foresee a time when this is simply another standard of care.” Therapy pets are vetted for disposition and trained for supreme obedience. Each of their handlers is licensed and insured, and must pass a background check through CAC-SWFL. For their own wellbeing, dogs are not allowed to work more than two hours a day. Cathy Cottrill and her golden retriever therapy dog were on hand for a recent orientation in Judge Branning’s Photos from left to right: Laura with Bauer, Judge Branning with Monty, Ginger
courtroom. She said, “Roxanne is a wiggly, happy girl who simply adores children. She clearly wanted to work with them and I was so pleased to discover this opportunity.” Cottrill had two male goldens who served as therapy dogs in assisted living facilities. “Some dogs are best suited for certain environments,” she explained.
PETS WITH A PURPOSE The therapy dogs, or pet “cotherapists” at CAC-SWFL range in size from eight-pound Brodie to 140-pound Zeus. Can you think of a more delightful scene than a pile of sevenyear-olds lying on a giant newfoundland in their group therapy session? It’s just one of many perks of Ackroyd’s job – and Zeus’. Ackroyd even brings her foster puppy to work with her. All the therapy dogs and “their people” are photographed and mounted on CAC-SWFL’s Wall of Fame. “To see the connection and the healing that happens between the kids and the dogs is just amazing,” Ackroyd said, citing Cole as an example. This very large black German shepherd is sweet with
all children, but when “his” kid comes through the door, he runs to his side, tail wagging, and you know he takes his job very seriously. “It give these dogs a purpose.” Cottrill, who serves on the board of Golden Retriever Rescue of Southwest Florida, fell in love with the breed in 1982 when a dog named John Doe wandered into her life. She has “been owned” and loved by 11 rescue goldens since. A dog trainer since 1970, Cottrill said, “I have always obedience trained my golden retrievers and have found that they love to have important, fulfilling jobs.” Judge Branning would be hard-
pressed to think of a more important job for Roxanne and the other therapy pets. “Very often, the children in this court have gone through some turbulent events, and their world can get a little confusing - especially when it means coming to court and potentially testifying,” he said. “Our hope is that these therapy dogs can take away some of that underlying fear, and help the children cope with the situation. Some kids laugh and play with the dogs, giving them a chance to be silly and just be kids. Others like to sit quietly, just talking to the dog and gently petting their fur. Either way, you can actually see the kids calming down, and regaining some level of control. The dog doesn’t want anything from them, doesn’t yell or scream or demand anything. The dog is happy to just sit and have the occasional scratch behind the ears.” If you notice some of your fellow riders in the Justice Center elevator have four legs instead of two, shake a paw and say “good dog.” There’s a kid counting on that canine. RG Photos clockwise: Judge Branning and partners, Lori with Cole, Judge Branning with Roxanne JULY 2016 | RES GESTAE
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Legal Lens
Key West On June 11 LCBA members boarded the Key West express for a two-day retreat in the Conch Republic. Sailing, the requisite Duval Street pub crawl and breathtaking sunsets were on the agenda, along with plenty of free time to explore the island’s many charms.
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Key West Thank you to our sponsors: Massie & Reilly CPAs, PLLC, Garvin Law Firm, Hollander & Hanuka
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Ethics and Professionalism in Dependency Mediation CLE and CME seminar
K
udos to the LCBA’s Alternative Dispute Resolution practice section on its recent advanced level CLE and CME seminar held at the Lee County Justice Center. The 70-plus attendees included judges, attorneys, mediators and other professionals who work in the circuit. Thank you to the presenters!
Ita Neymotin, regional counsel of the Office of Criminal Conflict and Civil Regional Counsel, Second District Court of Appeal, presented on the history of professionalism, Florida Bar Guidelines for Professionalism Conduct, resolving professionalism complaints and Local Professionalism Panels.
Debra Bass, managing attorney for Child Welfare Legal Services 20th Judicial Circuit, spoke about the parties that take part in mediation and the roles of the attorneys, along with the common goals of all of the parties, such as finding a safe placement for the child as soon as possible.
Henry Lee Paul, member of the Supreme Court Commission on Professionalism and member of the Board of Governors Standing Committee on Professionalism,
spoke about Florida Bar Referrals, provided important case law and described how professionalism and decorum are becoming codified in bar standards along with discipline. Judge Robert Branning and Judge Amy Hawthorne then entertained a question and answer session. The panel members and judges all shared their insight regarding dependency issues and the changes soon to take effect in the Lee County Justice System. RG
Anne Dalton, mediator, ADR Practice Section founding chair and president emeritus of the Lee County Bar Association, spoke about ethics and professionalism in dependency mediation. She discussed the mediator’s role, and provided case law and ethical scenarios. Alicia Guerra, chief legal counsel, Guardian Ad Litem Program, 20th Judicial Circuit, spoke about the juvenile rules and statutes relating to mediations.
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The Dish
SUSTAINABLE AGRICULTURE. GULF-FRONT DINING. Jack's Farm to Fork is raising the bar on the beach. By Sara Fitzpatrick Comito
C
hef David Rashty has a great team. There are the servers, who eagerly tend to diners’ every need. The talented and well trained kitchen staff consistently execute beautiful dishes to the chef’s exacting standards. Then there are the team players that visitors to Jack’s Farm to Fork may never encounter in person at this lovely gulf-view restaurant. However, they do get top billing on the handsome, brushed metal menu – the growers, ranchers, farmers, beekeepers and purveyors of fresh seafood who bring the bounty of the earth to your plate.
Photo above: Chef David Rashty. Photos below from l to r: Bone-In Filet - Piedmontese Beef, Prince Edward Island Mussels, Blood Orange and Goat Cheese Salad
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Jean Georges. The types of product he’s committed to serving are contingent upon seasonality, deliverability (a particular concern for Jack’s, which is housed at the Pink Shell Beach Resort & Marina) and sustainability – “best choice” category foods on the Monterey Bay Seafood Watch list, for instance.
It’s not just lip service, which is necessary to say in the wake of Tampa Bay Tribune’s recent wide-sweeping exposé that found most of the so-called “farm-to-table” restaurants in the newspaper’s coverage area were perpetuating straight-up fraud. Why would they do that? Because “farm-to-table” is trendy, and consumers, especially in sophisticated metropolitan areas, are willing to pay a premium for terms like local, heirloom variety, sustainable, humane and heritage breed. It’s also very hard to pull off. Historically, the supply chain has been exceptionally convoluted and inscrutable to even a savvy consumer. So what’s wrong with a little tasty fiction? Everything, according to Chef Rashty. “I don’t do things the easy way,” said the Long Island native, who had various careers including as a paramedic and a securities trader before toiling in some of Manhattan’s three-star Michelin restaurants and under such luminaries as Michael Schwartz, Daniel Boulud and
Here’s the most important thing you should know: integrity is delicious. Rashty’s fanatical attention to the supply chain results in an amazingly well rounded menu and a respect for ingredients that is rendered in beautiful colors, textures and flavors on your plate. If you didn’t know anything about farm-to-table, all you would know is that the piedmontese bone-in filet is quite possibly the most succulent piece of beef that’s ever passed your lips, that the Niman Ranch pork belly is the meatcandy bacon can only dream of being, that the meunière sauce with the Prince Edward Island mussels is eminently drinkable. If the chef has time, he’ll gladly regale you with stories of the nice people who grew the tarragon flowers on your roasted beet salad with pistachio vinaigrette. He’ll tell you that while it would be ideal to order locally, it’s simply not always practical, but the source will always be faithfully disclosed. He’ll know all about the cattle rancher’s technique for knowing when the marbling of the beef is ideal for slaughter. He’ll explain how Anson Mills is the “anti-Monsanto” in its support of
grain farmers, resulting in your decadent lobster risotto. On my visit, he told me how a fisherman called him that morning about the barrelfish he had caught off Cudjoe Key that morning, and would the chef be interested in 30 pounds? (Yes!) As the Fort Myers leader of Chef’s Collaborative, Rashty is focused on educating consumers on where their food comes from and how they collectively have the power to demand better-quality foods, which benefits them and farmers alike. He recently presented Meat Matters, a sumptuous afternoon featuring a pig roast, offerings from six of his chef friends, and presentations by farmers. In the fall he plans to present a “Trash Fish Dinner” to introduce delicious alternatives to our most overfished seafood species. On my visit to Jack’s Farm to Fork, I happily performed my ecological duty by devouring a plate of buttery, flaky lionfish served on a bright green English pea puree with lime foam. The Tampa Bay Tribune wrote, “If you eat food, you are being lied to every day.” Isn’t it great to get a generous serving of the truth for once? RG
Jack’s Farm to Fork at the Pink Shell Beach Resort & Marina 275 Estero Boulevard, Fort Myers Beach Mon-Sat 5-10 p.m. (239) 463-8615 • pinkshell.com/jacks
Photo top: Dining room. Photos above from l to r: Lionfish, Octopusala Plancha
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. JULY 2016 | RES GESTAE
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Legal Lens Judge Gentile May 20 was the date of Hon. Geoffrey Gentile’s investiture at the Historic Lee County Courthouse. Join us in welcoming the judge to the 20th Judicial Circuit in Collier County.
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RES GESTAE | JULY 2016
Lee County welcomes Belarus On June 15, local public officials, business and community leaders, and members of the legal community welcomed a delegation from the Republic of Belarus for a luncheon reception at Fort Myers City Hall. The purpose was to foster cultural exchange, goodwill and economic opportunities between Southwest Florida and Eastern Europe. To inaugurate this unprecedented partnership, Fort Myers Mayor Randy Henderson, Lee County Board of County Commissioners Chair Frank Mann and Regional Counsel Ita Neymotin hosted the reception for the delegation, including Republic of Belarus Ambassador Oleg Kravchenko; Boleslav Pirshtuk, Deputy Chairman of the Regional Executive Committee of the city of Gomel; and other civil and business leaders to discuss mutual business opportunities and the establishment of a sister city relationship between Fort Myers and Gomel.
Top left photo: Mayor Henderson with Ita Neymotin and Deputy Chairman of Gomel Regional Executive Committee Boleslav Pirshtuk Top right photo: Scott Atwood, Linda Doggett and Robert Ball . Bottom photo: Lee County Commissioner Frank Mann, Public Defender Kathleen Smith, Mikalai Anelkin, Ihar Kashlikau, Oleg Kravchenko, Belarusian Chargé d’Affaires Pavel Shidlovsky, Gomel Regional Executive Council Deputy Chairman Boleslav Pirshtuk, Mayor Randall Henderson, Senator Lizbeth Benacquisto, Regional Counsel Ita Neymotin, Attorney Leo Kremenchuker, Michel Doherty, Henadz Chorny, Phil Memoli, Ricky Nelson
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On the Bench Hon. Douglas N. Frazier Born in Los Angeles, Magistrate Judge Douglas Frazier spent most of his young life moving around the country with his family. When he graduated from the U.S. Naval Academy, he kept moving, taking posts in Louisiana, Washington, D.C., Nevada and Florida. But for the past 30 years, even when he was on long-term or temporary assignment elsewhere, he has called Fort Myers home. “I’ve lived here more than anywhere in my life,” he said. Frazier was appointed United States Magistrate Judge for the Fort Myers Division in 2000. He served two eight-year terms and retired in 2015. He was recalled for one year — then two — to help guide new magistrate judges and manage a vast backlog of Social Security cases. He plans to retire in July, 2017. He has tried civil cases from excessive use of force to disturbing an eagle’s nest. He has prosecuted Everglades drug smugglers and Miami kingpins, and he proudly enforced the protection of our national parks, which helped spark his great love of Florida nature. A saltwater inshore fisherman, Frazier and his wife, Mary Ellen, hike in the Southwest Florida outback and support wildlife preservation. Even in his own South Fort Myers neighborhood, Frazier has spotted panthers, black bears and the amusing beak-clacking mating dance of sandhill cranes. “It’s really loud,” he said with a laugh. The judge has a simple philosophy about his long and illustrious career: “I try to run a docket that doesn’t take years and years to be heard,” he said. “You make sure people get treated with respect, you deal with the issue before you, and you make a ruling in a timely manner. I run a tight court, but everyone has the right to be heard. This is our right to justice that the Constitution provides.”
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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 Gentile & 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.
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From the Bar Angela Agostino, Esq. Lee County native Angela Agostino has had an eventful couple of years. In October, she married Nathan Blanco, who is working toward being a probation officer by completing his degree in criminal justice. Several months before that, she left the 20th Judicial Circuit Public Defender’s Office to practice civil trial/litigation at the law firm of Kubicki Draper in Fort Myers. Agostino, 34, was born at Lee Memorial Hospital in Fort Myers, grew up in Cape Coral and graduated from Cape Coral High. She earned her undergraduate degree in finance from the UCF/Orlando, became a financial advisor and then a Wachovia banker. In 2008, she entered Barry University’s school of law, where she engaged in the trial advocacy team and developed an appetite for litigation. She returned to Southwest Florida and went to work at the Public Defender’s Office, where she remembers defending the owner of a known Buckingham grow house. Because law enforcement had exaggerated probable cause in order to secure a search warrant, Agostino presented a motion to suppress. What made the case memorable, she said, was the feeling of satisfaction as she witnessed the proper mechanics of the court’s checks and balances. Her client’s Fourth Amendment rights had been violated. Case dismissed. She joined Kubicki Draper a year ago, where she defends civil trial, insurance and product liability cases. Compared to the Public Defender’s Office, she enjoys a less chaotic pace at the firm. She spends about 20 percent of her time in court. Otherwise, her time management skills help her navigate projects of varying sizes and deadlines, investing more hours in research, writing and case development. In their off-hours, Agostino and her husband can be spotted off the Sanibel causeway; he fishing, and she reading a book. The two are at home out on the water and are working toward boat ownership. For now, though, “Friends with boats are the best thing in the world,” she says with a laugh.
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From the Bar Mathew Irwin, Esq. When he was just a few years old, Matt Irwin’s family, friends and neighbors predicted he’d be a lawyer. “I always wanted to be a lawyer,” said Irwin, who is the managing partner at Men’s Rights Law Firm. Prior to that, he worked as a counselor for men who were incarcerated in the Delaware County Prison system in Pennsylvania. He joined Men’s Rights Law Firm in 2009, and became managing partner in 2013. The firm’s founder, Sam Assini, has been Irwin’s legal mentor, friend and colleague, and Assini’s exacting standards encouraged Irwin to strive for perfection and success every day for every client. “I try to remember that I have people’s lives in my hands,” Irwin said. As passionate as he is about the practice of marital and family law, some of Irwin’s contemporaries have voiced an aversion to the concept of a men’s rights practice, primarily because Florida family law statutes appear to be impartial when it comes to the gender of the parties. “I do tend to disagree in light of Chapter 744’s automatic maternal custody language as it relates to paternity cases,” Irwin says, adding that Chapter 63 presents “convoluted hurdles for unmarried biological fathers,” also noting the historic presumption that paternal custody does not reflect equal time with the children. Irwin acknowledges that custody issues have improved for men in the last few years, “but so long as child support dollars are tied to timesharing overnights, there will always be a flow of cases where good fathers have to fight for a fair relationship with their children in family court.” Irwin hails from the Philadelphia area, where his parents and brother still reside. Married to Theresa for three years, he enjoys golfing, playing guitar and reading World War II history. His favorite charity is Guardian Ad Litem’s Voices for Kids, and he is passionate about the subject of international human rights.
Working for You to Build a Better Florida! Business Family Community
Attorney - Member Lee County Bar Association Heather Fitzenhagen Campaign P.O. Box 9243, Fort Myers, FL 33902 HeatherFitzenhagen.com Maximum Contribution allowed under Florida Law is $1,000 per person or corporation. Contributions are not tax deductible. Checks should be made payable to: “Heather Fitzenhagen Campaign”. Political advertisement paid for and approved by Heather Fitzenhagen, Republican, for the Florida House, District 78.
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Geraghty Mediation Attorneys Jess W. Levins, Esq. Scott A. Cummings, Esq.
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In The News Peter J. Cambs has joined Goede, Adamczyk, DeBoest & Cross as a partner in its Naples office. He is the managing partner of the firm’s mass tort and class action practice, which includes complex product liability claims, medical and professional malpractice, toxic torts, consumer fraud, wrongful death and catastrophic personal injury. In addition to representing individuals, Cambs has represented many national and international companies such as John Deere, Federal Express, Westinghouse, General Electric, Honeywell, TDS Telecom and Panera Bread. Carlos A. Kelly, a stockholder in the business litigation practice group at Henderson, Franklin, Starnes & Holt, P.A., has been appointed to his tenth year of service on The Florida Bar’s Eminent Domain Committee. In addition to eminent domain matters, he handles other real property disputes, fraud and contract lawsuits, shareholder disputes and other claims between business partners. Kelly is also a member of the Association of Eminent Domain Professionals and the Real Estate Investment Society. He serves on the Imaginarium Science Center Board and on SalusCare, Inc.’s Finance Committee. He received his law degree from Emory University in 1997. Pavese Law Firm partner and American Farm Bureau Federation member Katherine English testified before the House Agriculture Subcommittee on Conservation and Forestry on the impacts of environmental regulations and voluntary conservation solutions. Her complete statement can be found at www.FB.org. "There exists a widening chasm between the demands imposed on farmers by regulatory compliance, supplier and consumer requirements, and our ability to meet these obligations while remaining profitable enough to continue producing the fresh, nutritious food that we all take for granted,” English stated. “You shouldn’t need a lawyer and an engineer in order to farm."
M. Travis Hayes, a partner of Lile & Hayes, recently presented “Estate Administration v.2.0: Probating Digital Assets under the FFADAA” at the Collier County Bar Association’s annual Estate Planning Symposium. The 2016 Florida Fiduciary Access to Digital Assets Act allows users to choose whether internet providers such as Google, Facebook and Apple should disclose digital assets upon the user’s death or disability. Hayes said, “Using an online tool to choose whether or not to disclose these assets actually overrides any direction provided in estate documents, so it’s important for estate planners to understand how the legislation impacts our clients.”
Roetzel & Andress LPA has named Paul Giordano to lead the firm’s business litigation practice group. This is the firm’s largest practice area team, with 38 attorneys based across the firm’s 11 offices throughout Ohio, Florida, Chicago and D.C. He succeeds Lori L. Heyer-Bednar, the partner-in-charge of the Fort Lauderdale office. Giordano handles business, commercial and banking litigation, with a focus on bankruptcy and creditors’ rights, troubled debt restructuring, workouts and related litigation, partnership disputes, commercial foreclosures, contract and corporate disputes, construction liens and general and professional liability lawsuits.
Goede, Adamczyk, DeBoest & Cross has opened an office in Boca Raton, with Steven R. Braten serving as managing partner. His partners are Ronald E. D’Anna and Gordon A. Dieterle, formerly of McClosky, D’Anna & Dieterle, LLP. The Boca Raton operation is overseen by Brian Cross, the firm’s managing partner. Braten focuses on community association law, and has provided comprehensive legal counsel to ownercontrolled community associations. D’Anna covers general civil litigation, business and commercial litigation, foreclosure litigation, contract disputes and family law. Dieterle represents clients in pre-suit or pending litigation in state circuit court or Federal district court in jury and non-jury trials.
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Christopher W. Crowley, Florida Supreme Court Certified, County, Family, Circuit, Dependency and Appellate Mediator Avoid the costly, tedious and emotionally straining aspects of a Courthouse trial. Resolve your client’s case through mediation or arbitration. Pre-Suit Mediation • Civil Court & County Mediation Family Mediation • Dependency Mediation • Appellate Mediation Member of the Florida and Massachusetts Bars since 1998
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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 JULY 2016 | RES GESTAE
43
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