Res Gestae - May 2016

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

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Contents On the cover: Paradise Found.

Photo credit (cover and inset to the left): Lee County Visitor & Convention Bureau

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features

28

20 Paradise Found

Local Attractions, Outdoor Activities, Resorts and Dining

by Anna Stone

departments 6 Letter from the President

by Scott Atwood, Esq.

8

Calendar of Events

14

10 Ethically Speaking

by Henry Lee Paul, Esq.

12 Alternative Dispute Resolution

Crimes and Confidentiality in Mediation

by Anne Dalton, Esq.

14 Legal Lens

86 Room Social

16 Legal Lens

Craft Beer Garden Festival

18 In the News

News and Happenings

28 The Dish Crave

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RES GESTAE | MAY 2016

32 From the Bar

Danielle Levy-Seitz, Esq.

33 100 Club 33 LCBA is Key West Bound 34 From the Bar

Nathan Winesett, Esq.

36 On the Bench

Honorable Geoff Gentile

37 New Members

AD DIRECTORY Allied Business Solutions 15 Barbara Pizzolato 37 Birch Properties 29 Boyle & Leonard, P.A. 38 Business Observer 11 Calvo & Calvo Attorneys at Law 31 Denise Kennedy 30 Dial-A-Nurse Inc. 15 Donna Tisch 13 Edison & Ford Winter Estates 27 Edison National Bank BC Experience Real Estate Group, LLC 32 Florida Dispute Resolution 35 Fort Myers Court Reporting 30 Garvin Law Firm 7 Get Smart Bail Bonds 7 Geraghty Mediation 34 Henderson, Franklin, Starnes & Holt, P.A. 17 Hotel Indigo 30 Hyatt Regency Coconut Point Resort & Spa 19 Island Vacations 27 Jason L. Gunter, P.A. 36 Joe Viacava Law IBC Kempton P. Logan 31 Kushner & Kushner Attorneys 35 Law Firm of Scott T. Moorey 35 Leonard P. Reina 11 Leslea Ellis, LLC 15 Levins & Associates, LLC 17 Livingston Loeffler, P.A. 32 Massie & Reilly CPAs, PLLC 37 McHale, P.A. 17 Merit Court Reporting, Inc. 11 Musca Law Office, Inc. 3 Patterson Eskin & Ball 35 Spivey Law Firm, P.A. 5 Stillwater, A Hyatt Spa 27 Tarpon Bay 9 T 3 Communications 34 Veranda Restaurant 9 Vantage Construction Services 36 Von Ahn & Associates 31 Webb & Scarmozino 13 William DeForest Thompson Jr., LLC IFC

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Letter from the President One of my goals this year has been to increase the Bar’s visibility with both its members and the community. I’m very pleased with the direction we are heading.

Last month, the Executive Council unanimously approved the bylaws and articles of incorporation for the Lee County Bar Foundation. This Foundation will for the first time provide the Bar with the opportunity to raise funds as a non-profit, and for Bar members and third parties to contribute to community programs on a tax-free basis. It is my hope that the Foundation will lead to greater interaction between the Bar and the community in which we all live, to the betterment of everyone. I want to thank the formation committee (and new Foundation Board members), comprised of Chairperson Beverly Grady (Roetzel), Mike Randolph (Gray Robinson), and Kristalyn Loson (City of Fort Myers), for their dedication to this task and for making this project come to fruition.

We also welcome a new Executive Director this month. Lisa Sbuttoni has taken the helm from Sharon Brotherton, whose own management consulting firm has grown so well that she has decided it needs her attention full time. On behalf of the Bar, I want to thank Sharon for her hard work and dedication for the past several years. She leaves the Bar in a great position. Lisa will have big shoes to fill, but I’m comfortable that she will be up to the task. Lisa’s expertise is in keeping with our efforts to increase our presence with both you and the community through increased programming and outreach. Lisa previously was the head of marketing/public relations for Edison & Ford Winter Estates and Captiva Cruises, and has extensive experience in growing programming (she was a key person in the development of Edison/Ford’s volunteer program). I hope you get a chance to meet Lisa soon. (We are happy to announce that Lisa Poulin will also stay on and work closely with Lisa S.) That’s a lot of stuff in a month. I didn’t even get to mention the fact that our inaugural Craft Beer Garden was a success (and no, I did not get to go in the bouncy house...something about weight limitations). That we had two CLEs. That we had an outstanding Law in the Mall. That we toasted Bacchus one last time at our after-hours social. This month has even more. Law Week looks to be the welloiled machine that Chairperson Judge Carlin, and event chairs Ryan O’Halloran, and Luis Rivera have made it. I hope you get a chance to partake in one or more of the amazing events they have coordinated. And did I mention we have our annual golf tournament this month too? Hope to see you soon…

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM Executive Director ~ Lisa Sbuttoni 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.

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RES GESTAE | MAY 2016

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Calendar of Events May 2

Law Week Blood Drive 8 a.m. – 3 p.m. Lee Memorial Bloodmobile will be parked at the SE corner of Monroe Street and Dr. Martin Luther King, Jr. Blvd. to receive our blood donations. Contact Luis Rivera at 239-344-1323 or luis. rivera@henlaw.com.

May 4

Criminal Law Practice Section Meeting Noon – 1 p.m., Courtroom 5-I, Lee County Justice Center. Presenter: Christopher Cosden, 1 hour CLE Credit approved.

Marisa Boysen and Stephanie Russell, Cochairs

May 5

The Bar and Judiciary Appreciation 4 – 7 p.m. Presented by the Lee County Association of Women Lawyers to honor Judge Lauren L. Brodie. Complimentary beer, wine and hors d’oeuvres will be served during a pre-reception cocktail hour from 4 - 5. The reception is from 5 – 7.

RSVP to Dawn Jezik at ddj@blslawyers. com.

May 6

2DCA Judges' Oral Arguments and Students' Q&A 8:30 a.m., Courtroom 4-B, Lee County Justice Center Law Week Awards Luncheon 11:30 – 1:00 p.m. The Marina at Edison Ford. Honoring Law Enforcement Officers of the Year. The Dr. James A. Adams Lee County Teacher of the Year for LawRelated Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a deserving member of our community.

RSVP and pay online at leebar.org or call (239) 334-0047.

May 13

Solo and Small Firm Practice Section Meeting 7:30 – 9:30 a.m., City Pier Building, 1300 Hendry Street. Breakfast will be served.

Free to Section members. Jason Gunter and Conor Foley, Co-chairs

May 19

Family Law Practice Section Brown Bag Noon – 1 p.m., Courtroom 5C, Lee County

Justice Center. Dustin Butler and Ryan O’Halloran, Co-chairs

May 20

Investiture for Hon. Geoffrey Gentile 3 p.m., Historic Lee County Courthouse

May 21

6th Annual Charity Golf Tournament 8 a.m. Shotgun Start, The Forest Country Club. Title Sponsor: Roetzel. For details, see page 29.

May 25

Lee and Collier County Bar Association Joint Social 5:30 – 7:30 p.m. DeRomo’s, 26811 S Bay Dr., Bonita Springs

May 26

Land Use and Governmental Law Practice Section Lunch Noon – 1 p.m., location and additional details to be provided at leebar.org. Neysa Borkert and Amanda Brock, Co-chairs

June 1

LCAWL and LCBA Joint Luncheon Noon – 1p.m, The Marina at Edison Ford, 2360 W First Street. Special guest Ray Abadin, President of The Florida Bar. LCBA and LCAWL members $15, non-member $25. Register online at www.leebar.org.

June 11 & 12

LCBA Key West Trip Join us on the Key West Express to enjoy one to two days of paradise. Register online at www.leebar.org. Registrants will be responsible for hotel cost and Key West Express fare.

RES GESTAE | MAY 2016

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. Anne Dalton, Esq. Anna Stone Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047

June 15 – 18

Annual Florida Bar Convention Hilton Orlando Bonnet Creek, Orlando

June 16

Family Law Practice Section Brown Bag Noon – 1 p.m., Courtroom 5C, Lee County Justice Center. Dustin Butler and Ryan O’Halloran, Co-chairs

June 30

Land Use and Governmental Law Practice Section Lunch Meeting Noon – 1 p.m. Location and additional details to be provided at leebar.org. Neysa Borkert and Amanda Brock, Co-chairs

Thank You to our Annual Sponsors for 2016

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

6216 Whiskey Creek Drive, Suite B Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association.

All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org.

We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing.

Copyright© 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.

The Lee County Bar & Roetzel present:

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To register, become a hole sponsor, donate or volunteer, contact Lisa Poulin at 334-0047 or admin@leebar.org.

MAY 2016 | RES GESTAE

9

Ethically Speaking

Rule 3-4.3 and Rule 4-5.7 Provide for Discipline for Non-Legal Conduct

By Henry Lee Paul, Esq. Although the Supreme Court has long taken the position that a lawyer may be disciplined for conduct not directly related to the practice of law, it has recently expanded this concept. The Rule that has traditionally been a basis for discipline involving non-legal conduct is Rule 3-4.3 (Misconduct and Minor Misconduct), which states: The standards of professional conduct to be observed by members of the bar are not limited to the observance of rules and avoidance of prohibited acts, and the enumeration herein of certain categories of misconduct as constituting grounds for discipline shall not be deemed to be all inclusive nor shall the failure to specify any particular act of misconduct be construed as tolerance thereof. The commission by a lawyer of any act that is unlawful or contrary to honesty and justice, whether the act is committed in the course of the attorney’s relations as an attorney or otherwise, whether committed within or outside the state of Florida, and whether or not the act is a felony or misdemeanor, may constitute a cause for discipline.

In The Florida Bar v. Draughon, 94 So. 3d 566 (Fla. 2012), the Court gave notice that it may enforce non-legal conduct in violation of Rule 3-4.3 with substantial discipline. The Court reversed the

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RES GESTAE | MAY 2016

include sale of insurance products or financial services provided by a lawyer. referee’s recommended sanction of public reprimand and imposed a one-year suspension for misconduct contrary to honesty and justice that involved the attorney’s personal financial affairs not related to the practice of law.

The Court in Draughon noted that there was sparse case law involving sanctions for a violation of this rule. The most severe reported sanction based solely on this rule had previously been a public reprimand. The Rule had generally been considered a catchall that would not be the sole basis of a substantial discipline.

The Draughon opinion has signaled that The Florida Bar now has a powerful tool to sanction personal conduct of lawyers.

The court repeated the admonition that “basic fundamental dishonesty is a serious flaw, one which cannot be tolerated by a profession that relies on the truthfulness of its members.”

In addition to the conduct contrary to honesty and justice prohibited in Rule 3-4.3, a lawyer who engages in providing non-legal services has additional concerns about risking unwitting involvement with the disciplinary system.

Those lawyers who provide non-legal services to customers must be careful to properly advise such customers as to what capacity the services are provided.

Examples of such non-legal services

Pursuant to Rule 4-5.7(b) (Non-Legal Services) lawyers who provide non-legal services may be held to the standards of conduct found in the Rules Regulating The Florida Bar. Such lawyers should clearly advise the customer that the non-legal services are not provided in the capacity as a lawyer.

If a lawyer provides such non-legal services, it is advisable to make adequate disclaimers indicating that the services are not provided under the umbrella of Rules Regulating The Florida Bar. Additionally, if the non-legal services are provided to a legal client, such a transaction may be subject to Rule 4-1.8(a) (Conflict – Business Transactions with a Client). This Rule requires adequate disclosure of risks and informed consent in writing. See, The Florida Bar v. Doherty, 94 So. 3d 443 (Fla. 2012). 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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MAY 2016 | RES GESTAE

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Alternative Dispute Resolution

Crimes and Confidentiality in Mediation

By Anne Dalton, Esq.

What should a mediator do when a caucus participant tells her about a crime he/she committed which has nothing to do with the circuit civil mediation being conducted?

And further tells the mediator that someone else is going to be found guilty for the crime?

As litigators and alternative dispute professionals, we don’t often conceptually link criminal disclosures with circuit civil mediations. Many mediators have no training in criminal law, other than the mandatory credit hours in domestic violence issues.

However, a good working knowledge of criminal law is a crucial tool for a good mediator, as discussed below.

The first issue is whether the statement about the crime was a mediation communication. Section 44.403, Florida Statutes defines “mediation communication” as “an oral or written statement… by or to a mediation participant made during the course of a mediation or prior to mediation if made in furtherance of a mediation (emphasis added).” In this case, the statement was made by a mediation

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RES GESTAE | MAY 2016

participant during the course of a mediation so it clearly qualified as a mediation communication. However, if the statement had been made prior to the mediation, the mediator would have to determine if she or he felt that the statement was made in furtherance of the mediation. If not, it would not qualify as a mediation communication and would not be covered by mediation confidentiality rules.

The second issue is whether the statement qualified under the mandatory or discretionary statutory exceptions to mediation confidentiality under Section 44.405(4)(a)1.-6, Florida Statutes.

There are both mandatory reporting requirements and discretionary reporting requirements for mediators in Florida law. The mandatory statutory reporting requirements include a report under Chapter 39, Florida Statutes regarding child abuse, abandonment or neglect and a mandatory report under Chapter 415, Florida Statutes regarding exploitation, neglect or abuse of a vulnerable adult.

Both of these Chapters require a mediator to report such abuse to the necessary authorities.

A mediator has the discretion, but not the obligation, to report the planning of a crime, committing or attempting to commit a crime, concealing ongoing criminal activity, or threatening violence, pursuant to Section 44.405(4)(a)2., Florida Statutes. In the above case, the crime committed was a past crime. However,

the mediator must determine if the cover-up of the crime, sufficient to have another person convicted for the crime, is in itself a violation of the referenced Florida Statutes. If so, the mediator has the discretion to report it.

Finally, if the mediator does decide to report the disclosure, the mediator is required to withdraw immediately from participation in that mediation process, as set forth in Rule 10.330 (b), Florida Rules for Certified and CourtAppointed Mediators. The reporting automatically gives rise to an assumption of impermissible bias.

The scenario above is taken from an advisory ethical opinion issued by the Florida Mediator Ethics Advisory Committee (MEAC). The underlying discussion can be found at: www.flcourts. org/resources-and-services/alternativedispute-resolution/meac-opinions.stml. RG

Anne Dalton, Esq. has been a certified mediator since 1994 and has conducted over 5,500 circuit civil, appellate, county, family/dependency mediations. She is a Diplomate with the Florida Academy of Professional Mediators, a member of the National Academy of Distinguished Neutrals, and a qualified arbitrator. Attorney Dalton is also an international speaker on entertainment law and represents creative artists of all kinds.

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MAY 2016 | RES GESTAE

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Legal Lens

86 Room Social LCBA members rubbed elbows for a happy hour at the 86 Room Speakeasy on March 30, enjoying hand-crafted vintage cocktails and the prohibition-era ambience. CopyLady was the evening’s gracious host.

Photo credit: Jim Jett Photography

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MAY 2016 | RES GESTAE

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Legal Lens

Inaugural Craft Beer Garden Festival On April 24, LCBA members gathered with their families for a day in the park.

A little friendly competition for croquet and cornhole worked up an appetite for great food. Attendees sampled eight local craft beers while enjoying the live entertainment.

Photo credit: Jim Jett Photography

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RES GESTAE | MAY 2016

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In The News Thomas G. Coleman has joined Roetzel & Andress, LPA as an associate focusing on business litigation. Coleman attended the University of Miami School of Law, earning the Order of the Coif and graduating magna cum laude. He served as the Articles and Comments Editor for the school’s Business Law Review and was a Graduate Fellow at the Center for Ethics and Public Service. He received a Bachelor of Business Administration, cum laude, with majors in Legal Studies and Accounting from the University of Miami. Coleman is the President of the LCBA’s Young Lawyers Division and a member of The Calusa American Inn of Court. He also serves on the Allocations Team of the United Way of Lee, Hendry, Glades, and Okeechobee Counties.

Austin Turner of Henderson, Franklin, Starnes & Holt, P.A. was recently among panelists from the Urban Land Institute Young Leaders Group discussing a “Day in the Life” to real estate students at the Lutgert College of Business at Florida Gulf Coast University. The panel, which included real estate, engineering, construction and design experts, shared unique insights on a number of diverse career paths within the real estate sector. Students were also given an opportunity to network with each of the panelists at the event.

Turner counsels clients on land use entitlements, such as comprehensive plan amendments, rezonings, DRIs, variances, and other matters which commonly arise for property owners.

Scot D. Goldberg, founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm, has accepted an adjunct professor teaching position at the Fort Myers campus of Hodges University. Goldberg has a long history of volunteering to speak and many area middle schools, high schools and colleges as a guest lecturer, and donates his time to the annual Lee County Mock Trial Competition and to Constitution Week, both organized by the Lee County Bar Association. “I’ve always loved being in a classroom environment,” Goldberg said. “I really enjoy helping young people get to know the intricacies of the legal and judicial system so they can get an insider’s view of how things really work.” Goldberg serves as a board member for the LCBA. Laird A. Lile, a board-certified wills, trusts and estates attorney at Lile & Hayes, has been re-elected by his fellow members to the Board of Regents of The American College of Trust and Estate Counsel. An ACTEC Fellow, Lile was elected for a second three-year term during the organization’s annual meeting held recently in Las Vegas.

Now serving his sixth term as an elected member of the Board of Governors for The Florida Bar, Lile is the chair of the Second District Court of Appeal Nominating Commission and serves on the Supreme Court’s Florida Courts Technology Commission. Lile is a past chair of the 10,800-member Real Property, Probate & Trust Law section of The Florida Bar. Molly Maggiano of Henderson, Franklin, Starnes & Holt, P.A. has been elected to the Sidney & Berne Davis Art Center Board of Directors.

Maggiano concentrates her practice in real estate matters, including condominium, homeowners’ and property association representation, residential and commercial purchase and sales transactions, and real estate development. She previously served as in-house counsel to a national homebuilder, and also worked with a management and financial consulting firm providing services to the real estate industry. She is a member of the Real Property Probate & Trust and the City, County and Local Government Sections of the Florida Bar. She is also a member of the Center for the Arts of Bonita Springs.

Nicole Goetz has been admitted to practice before the United States Supreme Court. A practicing attorney for almost two decades, Goetz is the founder of the Naples firm of Nicole L. Goetz, P.L. She limits her practice exclusively to marital and family law at the trial and appellate levels. She holds the positions of Treasurer and Chair of the Finance Committee for the Family Law Section of The Florida Bar.

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.

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Photo Credit: Lee County Visitor & Convention Bureau

Paradise Found...

Local Attractions, Outdoor Activities, Resorts and Dining

A

By Anna Stone, Lee County Visitor & Convention Bureau

fter long days spent behind the desk of your law firm, or in the courtroom, the best way to decompress is to go outdoors and enjoy a little of our very own Southwest Florida paradise. The Florida of days long past, with unspoiled white sand beaches, exotic wildlife and lush subtropical foliage, still can be found on the beaches of Fort Myers and Sanibel in Southwest Florida. Known as Florida’s unspoiled island sanctuary, this subtropical paradise is a favorite vacation spot for Floridians, as well as visitors from across the United States and abroad. Floridians living in more congested areas of the state can visit for a feel of old Florida that no longer exists in many areas. In addition to the beautiful natural environment, active travelers are pleased to find an abundance of nature- and history-based attractions and activities.

Sunrise over the Caloosahatchee River - Fort Myers MAY 2016 | RES GESTAE

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Captivating coasts The area embraces nine distinct areas, each with its own unique character.

Best known are Sanibel and Captiva Islands, connected to the mainland by an alluring three-mile-long causeway and to each other by a blink-and-you’ll-missit bridge at Blind Pass.

Sanibel is known worldwide for its shelling and the associated posture referred to as the “Sanibel Stoop.” Some enthusiasts attach flashlights to their heads in an effort to be first in the daily search for top picks of the more than 400 varieties of shells found on the beaches, particularly after an especially high or low tide. For most visitors, however, shelling is merely a delightful excuse to enjoy hours of sun worshipping along some of the finest shoreline in North America.

Sanibel’s main thoroughfare, Periwinkle Way, is Sunday-drive picturesque, lush with foliage. Interesting shops and restaurants dot the road from Sanibel Lighthouse to Tarpon Bay Road, making it difficult to complete the distance without a half dozen sight-seeking stops at boutiques and art galleries.

On the way to Captiva Island, located toward Sanibel’s northern tip, the J.N. “Ding” Darling National Wildlife Refuge is home to many exotic species of birds and plants. USA Today has ranked the refuge among the top birdwatching destinations in North America.

A four-mile drive with access to walking and canoe/kayak trails offers abundant opportunities for naturalists to witness a raccoon washing up before breakfast, an alligator snatching a quick bite or long-legged wading birds stalking their prey. In all, the refuge occupies more than two-thirds of the island.

The main attraction on Captiva is that there are none. Many people while away the hours in one outdoor endeavor or another. It was here that Anne Morrow Lindbergh, wife of the famous aviator,

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wrote her best-selling book, “Gift from the Sea,” inspired by her many vacations to Captiva Island.

Traveling off the coast of Sanibel and Captiva islands, the boater will discover more than 100 outer coastal islands. Many are uninhabited mangrove clusters while others take visitors’ breath away with their beautiful beaches. ant Cabbage Key Restaur Both North Captiva and Cayo Costa Island are known for their virtually deserted yet alluring coastlines and excellent shelling potential. In fact, local shelling guides offer excursions to these islands, where competition for prize specimens is less fierce than on the more accessible islands. Cayo Costa was purchased by the state in 1985, and Florida State Parks maintains primitive cabins and campsites available for overnight camping.

Cheeseburgers in paradise While desert islands conjure up romantic fantasies, modern seafarers may prefer a sociable watering hole at times. Cabbage Key offers that shipwreck survivor’s dream of salvation. Situated at Milemarker 60 on the Intracoastal Waterway, this island was built atop an ancient Calusa Indian shell mound.

Mystery writer Mary Roberts Rinehart helped her son build his home here in 1938. The house has been converted into a cozy Inn with six guest rooms and a picturesque dining room papered in thousands of autographed dollar bills. The tradition, which has generated at least $70,000 worth of George Washington wallpaper, began when a

erve Boardwalk at Six Mile Cypress Slough Pres

Savor Southwest Florida

Kayaking at Fort Myers Beach

Thistle Lodge is located on the Sanibel Resort of Casa Ybel and offers cuisine that is a blend of Floridian, European and Asian flavors to please the most discriminating palates. The seafood is fresh and the Midwestern beef steaks are dry aged. Herbs, fruits and vegetables are customgrown. A great place to dine on Sanibel Island. Enjoy. casaybelresort.com Pier

Tarpon Bay is located at the Hyatt Regency Coconut Point Resort & Spa, Tarpon Bay offers an abundant Sunday brunch experience that includes a choice of entrée from the menu, plus the seafood buffet, plus the farm-to-table buffet, plus the dessert buffet, a complimentary glass of champagne and live jazz. coconutpoint.hyatt.com The Veranda’s romantic setting in two turn-of-the-century homes combined with its Southern regional cuisine, an extensive wine list and first class service staff will grant you and your guests a unique Southwest Florida dining experience. verandarestaurant.com Angelina’s Ristorante offers a premier dining experience through the finest foods and professional service in an elegantly casual atmosphere. Indulge. It’s Italian, redefined. Located in Bonita Springs, Angelina’s offers some of the best classic Italian fare around! angelinasofbonitasprings.com

Island Cruise

The Bubble Room

Photo Credit: Lee County Visitor & Convention Bureau

Award winning RC Otters Island Eats is a place for the whole family!

Located in the Heart of Old Captiva Village with lovely shopping and dining, you can enjoy live music daily with dining inside and outside. A great place to relax and enjoy. captivaislandinn.com

on Captiva Island

MAY 2016 | RES GESTAE

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Get a little culture The Broadway Palm Theatre is located in Fort Myers, The Broadway Palm is now celebrating its 23rd Season and entertains over 170,000 guests annually. The facility includes a 450-seat dinner theatre, a 100-seat “black-box” theatre called The Off Broadway Palm Theatre, a 120-seat dining room called Café Cabaret and a 30-seat space just off the main lobby called The Art Café. A true gem in the Fort Myers area. broadwaypalm.com Lovegrove Gallery & Gardens are a whimsical reflection of artist/ owner Leoma Lovegrove, for whom it serves as her international headquarters, artist studio and retail gallery. With its distinctive pink roof, polka dotted walls and Leomatized art, Lovegrove’s gallery sets the tone for Pine Island’s gallery district.

Visitors also experience the Florida lifestyle firsthand as they paint their own souvenir in a relaxing botanical garden with a view of the tranquil waters of Matlacha Pass. leomalovegrove.com

Barbara B. Mann Performing Arts Hall is located on the campus of Florida Southwestern State College in Fort Myers. The 1,874-seat facility also features a full service in-house box office and full service concessions. Featuring actors such as Ali McGraw and Ryan O’Neil, the art hall attracts some of the most recent and professional shows around. bbmannpah.com

Islan Matlache/Pine

t d Gallery Distric

Sanibel Ha rb

our Resort

and Spa

The Sidney & Berne Davis Art Center is a world-class premier visual and performing arts destination, bringing diverse artists and audiences together to experience the finest in the arts, humanities, heritage, and preservation. sbdac.com

The Alliance for the Arts has been connecting art, cultural and community on its 10-acre Fort Myers campus since 1975. Its resident theatre company Theatre Conspiracy produces a variety of shows every year. The Alliance GreenMarket, which features locally grown produce and products, happens every Saturday from 9AM-1PM with a free yoga session at 9:30AM. artinlee.org

ter The Sidney & Berne Davis Art Cen

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Sailing off Boca Grande

beaches” because of its gently sloping shoreline. The sand is particularly soft and white, akin to powdered sugar.

During the winter, Estero Bay is home to an extensive shrimp and fishing fleet.

Life on Estero is especially suited for family vacations. Here one finds every imaginable water toy, from windsurfing to catamarans and parasailing.

Numerous marinas operate boating and fishing charters. Local restaurants benefit from the catch, which generally includes red snapper and grouper.

Additionally, Fort Myers Beach is home to one of the largest shrimping fleets in the U.S. For an afternoon picnic, there is no better spot than Lovers Key on Black Island, just south of Estero.

Visitors proceed by open tram across a scenic vista of mangrove islands, arriving at a secluded beach less than ten minutes later. Ample driftwood and seashells decorate the shore, while pesky raccoons compete for scraps with flocks of seagulls and other shore birds.

Continuing south, and still on the peninsula, Bonita Beach occupies the southern boundary of the area. Here traces of old and new Florida peacefully coexist along gently winding beaches deemed among the best in the region.

Further inland in Bonita Springs and Estero, history buffs can take a walk through remnants of the Koreshan Unity movement, an extinct religious sect that practiced equal rights for women long before the concept became popular.

Pretend to be a tourist Anyone suffering from island fever can find instant relief by playing tourist in the “City of Palms,” with its charming downtown historic river district and expanding hub of urban activity that extends to shopping malls, restaurants and nightclubs.

Inventor Thomas Edison and his friend, automobile manufacturer Henry Ford, decided early on to make their winter homes in Fort Myers. Today, visitors daily tour their neighboring MAY 2016 | RES GESTAE

Photo Credit: Lee County Visitor & Convention Bureau

Edison & Ford Winter Estates

thirsty fisherman left his bill taped to the wall, ensuring a cold drink the next time he stopped by. Now almost all visitors leave their mark, if they can find a space.

A short boat ride north from Captiva or Pine Island, an hourand-a-half drive by car, Boca Grande is a charming turn-of-thecentury harbor town on Gasparilla Island and another safe port for the rich and famous. Founded by the wealthy DuPont family in the late 1800s, this sleepy little southern town comes replete with small shops, cozy restaurants, waterside accommodations and beautiful beaches. Members of the Boca Grande Tarpon Guides Association, largely composed of local third and fourth generation fishing captains, provide anglers all that is necessary for a successful day on the water. Nearly the entire President Bush family has visited Boca Grande annually for several years, enjoying the community’s golf and renowned fishing opportunities.

Step back in time on Pine Island to reminisce about a period when fishing reigned as the area’s largest industry.

Accessible by land via “the fishingest bridge in the USA” at Matlacha [Mat-la-chay], Pine Island’s northernmost settlement of Bokeelia provides the maritime stepping-off point to the more remote out-islands.

Dubbed The Creative Coast, the area is an artists’ colony.

Further south, Estero Island, home of Fort Myers Beach, long has been recognized as one of the “world’s safest

25

Dolphins playing

Other in-town attractions include the Southwest Florida Historical Museum, river cruises from the downtown yacht basin and the Calusa Nature Center and Planetarium. Visitors also like to drive the short distance to the Shell Factory & Nature Park in North Fort Myers and Eden Vineyards, the country’s southernmost bonded winery, to the east. For the sports minded, public golf courses and tennis courts make Southwest Florida some of the best playing turf in the state. Also east of downtown Fort Myers, the Lehigh Acres residential community surrounds quality golf courses, 16 well-stocked freshwater fishing lakes and miles of canals.

To the west, Cape Coral, literally surrounded by water, boasts more miles of canals than Venice, Italy.

Many of the Cape’s deepwater canals lead to the Gulf of Mexico. This fastgrowing community boasts many marinas, a water park, challenging championship golf courses, tennis courts and freshwater fishing.

The Beaches of Fort Myers & Sanibel have something to offer everyone! For more information visit, FortMyersSanibel.com. RG

Enjoy close viewing of birds and marine life while on Gulf Coast’s Kayaks and Paddleboards. Seniors and families are welcome and no experience is necessary! They offer guided kayak tours and kayak & paddleboard rentals for first-time kayakers to advanced paddlers.

Explore the mangroves and back bays of Matlacha Pass Aquatic Preserve on part of the Great Calusa Blueway Paddling Trail, a 190-mile marked paddling trail along the coast of Lee County Florida. gulfcoastkayak.com

Founded in 1986, Captiva Cruises is an excursion boat company operating a fleet of vessels and an exciting program of tours and cruises from world-famous South Seas Island Resort and McCarthy’s Marina on beautiful Captiva Island. A recognized leader in the Florida ecotourism industry, Captiva Cruises is committed to a course of action that honors the islands’ history of conservation and legacy of environmental education. captivacruises.com

Captain Ozzie Fischer provides guided fishing tours from a champion professional angler who specializes in catching tarpon and snook.

Sightseeing and shelling tours are alaso available. Capt. Ozzie has won over 35 professional saltwater tournaments and looks forward to getting you and your family out on the water for a day you won’t soon forget. facebook.com/ozzie.fischer.9

in the Gulf

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RES GESTAE | MAY 2016

Pure Florida specializes in marine experiences that bring the beauty and wonder of Southwest Florida within reach. Cruise the Caloosahatchee River and journey through the Edison & Ford Winter Estates Cove on the M/V Edison Explorer on a Pure Florida sightseeing river or sunset cruise! purefortmyers.com

Old Corkscrew Golf Club is a standalone venue and is located seven miles east of I-75 on Corkscrew Road. In 2010, it was selected as Southwest Florida’s # 1 Rated "Best Course You Can Play," by Golf Magazine. This course is a must play on all golfers' bucket list. oldcorkscrew.com

Aerial of Cayo Costa Isla

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Go outside

Photo Credit: Lee County Visitor & Convention Bureau

estates with Edison’s botanical gardens, laboratory and museum.

Edison came to Fort Myers in 1886 because he thought the warm weather would improve his health.

He must have been correct, for he lived to the age of 84. During Edison’s 46 winters in Fort Myers, he and his wife Mina hosted wellknown house guests like industrialist Harvey Firestone, naturalist John Burroughs, President-elect Herbert Hoover, the Philadelphia A’s baseball team, and cereal king John Harvey Kellogg. The estates are among the most-visited historic homes in the U.S. Each February, residents celebrate the birthday of the city’s most famous resident in the Edison Festival of Light, three weeks of events that culminate in a nighttime parade through the center of town.

Henry Ford’s home, “Mangoes,” opened to the public in February 1990 after extensive renovation to replicate the way it looked when Ford and his wife Clara lived there.

Ford bought the quaint house in 1916 to spend the winter months visiting Edison. The two properties are separated by a fence the two families named “The Friendship Gate.”

Whether you are looking for a day of family fun or a place to hold your party or meeting, Edison Ford has what you’re looking for!

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The Dish

Crave is a transitive verb. Even in Shakespeare, who forced language’s evolution by flouting its rules, one is hard pressed to spot the word separated from its direct object. In Pericles, Prince of Tyre, we do hear the protagonist, soggy and forlorn, having narrowly escaped the watery fate of his shipwrecked men and subsequently been rescued by fishermen, proclaim, “I did but crave.” A proud ruler, with this utterance he denies begging for help and food. It’s the end of the sentence, but there is a direct object here – that

which had just been offered: Come, thou shalt go home, and we’ll have flesh for holidays, fish for fasting-days, and moreo’er puddings and flap-jacks, and thou shalt be welcome.

As transitive verbs go, crave takes a very direct object. And whatever the object of your craving, you will likely find it at Crave: fish, flesh, puddings (banana pudding! bread pudding!), flap-jacks and much more homemade goodness that even old Pericles might deign to beg for.

Bear with me – I did just return from a big writers’ conference in L.A. If the preceding seems a bit didactic, take heart: there’s nothing precious about the Crave experience. Even reading the menu is a sensual, not academic, exercise. It runs the gamut from a Gulf Coast omelet of shrimp, crab, asparagus, shiitake mushrooms and broiled tomatoes to house-crafted corned beef hash to cedar plank organic Irish salmon with raspberry BBQ, tropical fruit, steamed jasmine rice and vegetable

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RES GESTAE | MAY 2016

slaw to good old meatloaf wrapped in Applewood bacon and served with mashed potatoes, mushrooms, gravy and shallot green beans. How’s that for a Dionysian litany?

It’s the kind of place where you’ll want to ask your server about every dish that goes by. One masterpiece ferried to the table next door was the southern spinach salad, boasting grilled peaches, spiced pecans and fresh berries in a blackberry vinaigrette. Get this: the thing was topped

The Dish with a mound of golden fried onion rings.

Crave is proud of its soups – the menu exclaims, “ALL OUR SOUPS ARE AMAZING!” – and with good reason. On offer on the day of a recent visit were a very veggie and a shrimp bisque as velvety as the serving was large.

An extensive list of daily specials is written on a very large chalkboard. Once upon a time I worked with chef-owner Sean Gavin in a gourmet market’s prepared foods kitchen. He was a bit of a restless soul, and from the looks of things he hasn’t settled into complacency after running this highly successful restaurant for nine years with his wife Valerie. He always knew that one of the worst things that can happen to a restaurant is for its people to get bored.

Consequently he keeps dreaming up new items. Part of Crave’s staying power is that there’s always something new to try and then, inevitably, come to Crave, with triedand-true mainstays finding a permanent place on the menu.

A more recent development is the establishment of Crave Market, right next door, which also houses the Wicked Sandwich Co. In addition to a dozen and a half sandwiches on house bread that can be ordered “wicked baked,” folks can stock up on beach picnic and backyard barbeque essentials or fare to impress a date or houseful of foodies. Selections include fresh seafood, chops, ribs and roasts, aged steaks, deli meats, baked goods, cheeses and beer and wine.

Grammarians would probably argue with my premise that one direct object can be more direct than another. Tell that to a hungry seafarer, and then offer him some classic southern banana pudding.

And thou shalt be welcome….to get in touch: feel free to argue the true authorship of Pericles, Prince of Tyre (were the first two acts written by a panderer named George Wilkins?), discuss Nietzche’s litany of Dionysian imperatives and its influence in your daily life, suggest your favorite Crave

treatment of eggs benedict or recommend a place to meet and eat for a future Dish column. RG

Crave

Monday 11 a.m. – 9 p.m.

Tuesday – Saturday 8 a.m. – 9 p.m.

Sunday 8 a.m. – 2 p.m.

CraveMenu.com The Bridge Plaza 12901 McGregor Blvd., Fort Myers (239) 466-GOOD (4663) Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Marketing | Publishing, and associate editor of Res Gestae magazine.

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

MAY 2016 | RES GESTAE

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31

From the Bar Danielle Levy Seitz, Esq. 2016 has been an eventful year for Danielle Levy Seitz. A wedding might be enough to deal with, but in addition to bearing a new last name, the young attorney’s business cards now name a different firm. With the hiring of this new associate, Aloia, Roland & Lubell’s service offerings have expanded from the realms of personal injury, business and real estate matters to include family law.

Having practiced for four years at Grossman Family Law and Conflict Management, Seitz has tried more than 20 trials and managed a full caseload. She gained the confidence that only experience can bring and became interested in working at a larger firm. Aloia et al’s reputation for not being afraid to go to trial and representing clients in David-versusGoliath situations was attractive.

Seitz’s choice of careers is a natural progression, given a proclivity for argument that her mom and dad identified earlier on – her brother was also never without sisterly representation when coming before their parents. She was drawn to family law because of how personal it is to her clients and for the connection she is able to form with them. Many send her family announcements, birthday and graduation party invitations, and updates on personal and professional accomplishments.

An especially personal case involved a foster mother who had cared for a child starting only a few days after birth, but experienced difficulties with the system upon trying to adopt her. Seitz came onto the case a few months after the child had been in the home, and ultimately helped the mother overcome the roadblocks. On the day the adoption was finalized, there was not a dry eye in the courtroom. “It was a long road,” Seitz recalled, “but definitely one of the most rewarding.”

She and her husband David Seitz grew up together in Fort Myers and live just a couple miles from both sets of parents. Seitz also practices yoga, gardens, and enjoys traveling and working on home improvements and renovations with David.

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RES GESTAE | MAY 2016

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

Pavese Law Firm

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

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.

LCBA is Key West Bound

June 11 - 12, 2016

Join us aboard the Key West Express and enjoy a weekend in the Keys.

$99 Roundtrip with Key West Express $269 at choice of two Waldorf Astoria properties: Waldorf Casa Marina (ZZLEE1) or The Reach (ZZLEE2) Call 305.293.6217 - space is limited.

Sunset photo credit: April Bordeaux

Sunday, June 12th ~ On you own. Special deals for snorkeling, diving and area attractions. snor Boat returns to Fort Myers at 9:30 p.m.

Photo credit: VCB

Saturday, June 11th ~ Boat departs Fort Myers at 8:30 a.m. Once in Key West enjoy lunch at the Schooner Wharf Sky Deck, a sunset sail and a Duval Crawl.

Contact Lisa Poulin at 239.334-0047 or admin@leebar.org to reserve your spot!

MAY 2016 | RES GESTAE

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From the Bar Nathan S. Winesett, Esq. When Nathan Winesett needs to bounce a legal issue off someone, he often doesn’t have to venture outside his family. He works with his dad Richard at Avery, Wingham & Winesett, P.A., along with an aunt and an uncle. The firm also employed his sister, Eve Travis, before she set off for the other coast. Then there’s Senior Judge Sherra Winesett, who did the honors of swearing in her son. The only siblings that had to go further afield are the three doctors. Nathan said, “I have an amazing resource of knowledge and experience at my disposal.� The challenges of working with family: “You’re definitely more likely to get teased.

The bottom line is I love it.�

Peers know Winesett is the first to tease himself. With a master’s degree in chemistry, and research credits in such heady areas as the attachment of cytochrome b5 protein to gold electrodes via lipid bilayers, he can lay claim to an analytical personality type. Science and patent law were an obvious combination, so he practiced in the areas of patents, trademarks and copyrights in Utah and Minnesota. Upon returning home to Florida, he inherited real property law. “So I guess now I'm a ‘real and intellectual property lawyer.’" Winesett was born while his parents were attending law school together. He loves to watch his dad in action. “I wish I could record it,� he said. His mom’s face graces the circuit’s online gallery of senior judges as the only woman in representation. Winesett remembers the excitement upon her appointment as a circuit judge, and his respect at how she conducted her proceedings. “I think kids tend to always think their parents are great, but I definitely realized it after a few experiences when I was practicing in Utah and Minnesota� he said. “Judges aren't always as careful, analytical, and thorough as I know her to be.�

In his spare time, Winesett enjoys being with his kids and coaching their basketball teams. He is also continuing a family tradition that was started by his great-grandfather—beekeeping.

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

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

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RES GESTAE | MAY 2016

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35

On the Bench Hon. Geoffrey Gentile When new Collier County Circuit Judge Geoffrey Gentile reported for duty on the first of last month, he was pleased Governor Scott didn’t jump out and exclaim, “April fool!” He has had reason to feel stunned, however – first, at realizing his dream of becoming a judge and, second, at how welcoming and helpful his new colleagues have been.

The firm formerly known as Boyle, Gentile & Leonard is now down a man, but it was with the full blessings of his partners that Gentile first threw his hat into the ring. In fact, it was Mark Boyle who, perhaps guessing at the now-judge’s theretofore undeclared aspirations, said, “You’d be a great judge.” In his 13 years the judge helped grow the firm from three to nine lawyers.

As Judge Gentile has moved on from one “work family” to another, he also leaves behind the familiar realm of insurance law, which had been his main area of focus since he began practicing in 1991. His caseload includes the dependency, delinquency, domestic violence and family law dockets, each involving different clerks and case managers. He wants to do things right, and is open to feedback as he gets used to seeing the courtroom from the other side.

A couple of years ago he gave a closing argument on behalf of a woman in her late 70s who was hard of hearing. He recalled, “She turned around to my wife, who was my paralegal, and said loudly for everyone to hear, ‘He’s a tiger!’” The judge said it was the best compliment he had received. Now that he’s hung up his stripes, the best compliment is the candor and spirit of collegiality offered by his peers.

Judge Gentile’s goals are simple: “To reach correct legal results, be approachable and have my courtroom be a fear free zone so attorneys can be focused on doing a great job.” For their part, attorneys should come prepared and be as cordial as possible.

After raising three children, Judge Gentile and his wife enjoy biking, attending church and going to the beach.

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RES GESTAE | MAY 2016

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