AUGUST 2017
LCBA Cares About Enthusiasms
A HAVEN FOR HOOFS AND HEARTS A young attorney's passion defines a life
Fisher, author, key lime pie
Touring Pine Island Sound with John D. Mills
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
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Contents On The Cover: Tiffany Pereira, Esq. hugs a rescued dairy cow, one of the many grateful critters on her beautiful Cape Coral farm. Photo credit: Jim Jett Photography
AD DIRECTORY Boyle & Leonard, P.A.
42
Brad Jessen, Edward Jones
11
Brodeur Carvell
29
Buchanan Ingersoll & Rooney PC
IFC
Business Observer
41
Calvo & Calvo Attorneys at Law
9
Compass Law Firm
35
CONRIC PR & Marketing | Publishing
33
CopyLady 7 DeMine Immigration Law Firm
33
Denise Kennedy
17
Donna Tisch
11
features
Edison National Bank
BC
22 A haven for hoofs and
Experience Real Estate Group, LLC
17
First Florida Investigations
11
Fort Myers Court Reporting
41
Garvin Law Firm
36
Get Smart Bail Bonds
34
22
hearts
A young attorney's passion defines a life
by Sara Fitzpatrick Comito
30
departments 6 Letter from the President
by Kelly L. Fayer, Esq.
32 LCBA Judges Care
Magistrate Gilberto Perez
8 Letter from Executive Director 34 LCBA Members Care
by David A. Seitz
10
Calendar of Events
12
Ethically Speaking
by Henry Lee Paul, Esq.
Kristalyn Loson, Esq.
36 LCBA Members Care
Justin B. Mazzara, Esq.
37 100 Club
Henderson, Franklin, Starnes & Holt, P.A. 39 Joe Viacava Law
IBC
Kempton P. Logan
29
King's Kitchen
39
Kushner Building
41
Kushner & Kushner Attorneys
33
Law Firm of Scott T. Moorey
27
Law Offices of Dennis L. Webb
27
Law Offices of Kevin Jursinski
17
LCBA Foundation
13
Leonard P. Reina
15
Leslea Ellis, LLC
9
Livingston Loeffler, P.A.
9
McHale, P.A.
15
Merit Court Reporting, Inc.
19
38 #KindLee
Musca Law Office, Inc. Panther Printing
35
40 In the News
Patterson Eskin & Ball
33
Roetzel & Andress
37
Sanibel Captiva Community Bank
32
18 APEX nominees
Sheldon E. Finmfg,an, P.A.
13
Simon Harrison
13
20 Super Lawyers and Rising
Spivey Law Firm, P.A.
14 RPPTL Practice Section
by Kara Jursinski Murphy, Esq.
16 YLD Spotlight
News and happenings
3
5
Stars
The North Law Firm, P.A.
28 Legal Lens
Veranda Restaurant
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Von Ahn & Associates
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William DeForest Thompson Jr., LLC
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Out and about
30 The Dish
4
Cabbage Key
RES GESTAE  | AUGUST 2017
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TriNet 29
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Letter from the President This month, I’d like to dedicate this space to highlight some recent – and enthusiastic! – recognition of the LCBA by The Florida Bar. We hear President Michael Higer’s tweet hand is strong, and we’re thrilled he had such a great time with us at the Inaugural Diversity Workshop. Speaking of passion, we know you’ll enjoy this issue of Res Gestae, especially the story of young legal eagles dedicating their lives outside the law to rehabilitate broken animals. Alongside our colleagues sharing their knowledge on important law-related topics, attorney John D. Mills generously shares his enthusiasm for fishing, fiction writing and beautiful Cabbage Key in this month’s "Dish." SAVE THE DATE: The Bench-Bar Gala returns Oct. 13! The enthusiasm is contagious.
LEE COUNTY BAR ASSOCIATION ADMINISTRATION
Executive Director ~ David Seitz Administrative Coordinator ~ Lisa Poulin
EXECUTIVE COUNCIL
President ~ Kelly L. Fayer, Esq. Vice-President ~ Daniel Endrizal, Esq. Secretary ~ John Webb, Esq. Treasurer ~ Matthew Roepstorff, Esq. Board Members: Kathleen Smith, Esq. ~ Spencer Cordell, Esq. Scot Goldberg, Esq. ~ Blake Hampton, Esq. President Emeritus ~ Scott Atwood, Esq. YLD President ~ Kayla Richmond, Esq.
COMMITTEES History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin Membership Vacant Mock Trial Indera DeMine, Esq. & Maria Berrette, Esq. Pro Bono Hon. Kathy Sturgis & Mary A. Cosmo, Esq. Annual Charity Golf Tournament Lee County Legal Aid & Shannon Puopolo, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & Timothy McCan, II, Esq. LCBA Family Bar-B-Que Scot Goldberg, Esq Random Acts of Kindness Amanda Bartley, Esq. & Shirlarian Williams, Esq.
RES GESTAE MAGAZINE Beverly Grady, Esq., Editor
PRACTICE SECTION CHAIRS
Kelly L. Fayer, Esq. Kelly@FayerLaw.net | 239.415.3434 6
RES GESTAE | AUGUST 2017
Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, 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 Amanda Brock, Esq. & Erica Woods, 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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President, Cynthia Duff, President
Cynthia Duff
Letter from the Executive Director In last month’s issue, we highlighted some of the various career paths that our members pursued before they practiced law. Some of those conversations uncovered interesting side projects, or “enthusiasms” to quote Al Capone in “The Untouchables,” that our members enjoy while practicing their chosen profession. Anyone “billing time” can tell you what it’s worth in terms of a dollar, but what’s especially noteworthy is todiscover how that elusive “free time” gets spent. I’ve heard some tall hunting and fishing tales, discussed computer projects and exchanged some killer recipes. I’ve had the pleasure of discussing car projects and even learned about a member whose golf cart records speeds of 40+ mph! This past year, the common theme among our members is passion. Whether it’s ballroom dance or acquiring the next critter for the farm, it’s truly inspiring to see individuals bursting with excitement about their enthusiasms. By now, you’ve probably heard about our #KindLee project and we sure hope you’ve felt the contagious energy of giving spirits. Toward the back of the magazine, you may also notice member spotlights highlighting nonprofit and community organizations that our members believe in. With the goal of inspiring ALL of Southwest Florida to participate in kind acts, from the onset of #KindLee, we’ve showcased good works right here in our community. It’s as simple as posting a tweet, sharing a pic to Instagram, updating a Facebook status – all to display a sign of appreciation. Recently, the LCBA Young Lawyers Division proved a shining example of #KindLee. The Try-athlon and Holidays in July, both of which benefit foster children from the Children’s Network of SWFL, showcase how doing small acts makes a big difference. With the support of The Florida Bar and the LCBA, the YLD took children bowling, enjoyed putt-putt and explored the Imaginarium, where they got a visit from Summer Santa. We’d like to give a huge shout-out to Spencer Cordell for donning the suit again this year! To wrap up the Try-athlon, we’re adventuring to our beautiful beaches and will help restore some dune plantings. The goal with this last event is to teach these kids that they, too, can give back while also having fun at the beach. On Saturday, August 26, the LCBA Foundation will host a Guided Wine Tasting at the City Pier Building downtown. This will be the first event to promote and support the Foundation, and we hope you’ll join us. We only have seats (and wine!) for 40, so sign up early at LeeBarFoundation.org/ wine and please consider becoming a vine sponsor. The Foundation will also be wrapping up its first grant cycle, and I’m excited to see which projects receive funding. Join us for the luncheon on September 15 at the Marina at Edison Ford to find out! David A. Seitz, Executive Director DSeitz@leebar.org | 239.334.0047 8
RES GESTAE | AUGUST 2017
SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949
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 Kelly Fayer, Esq. David Seitz Hnery Lee Paul, Esq. Kara Jursinski Murphy, Esq. Kayla Richmond, Esq. Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047
Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing. Copyright© 2017. 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.
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AUGUST 2017 | RES GESTAE
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Calendar of Events Some dates for 2017 Section Meetings have not been confirmed - Check our website for details!
August 2
Young Lawyers Division Meeting
Noon – 1 p.m. King’s Kitchen, 2150 W First St, Fort Myers. William “Bud” Elliott, Esq., founder and editor-in-chief of TomahawkNation.com, will give a “college football” speech.
August 7
LCBA Summer Blood Drive 8 a.m. – 3 p.m. The Lee Health Bloodmobile will be parked at the SE corner of Monroe St. and Dr. Martin Luther King, Jr. Blvd.
August 11
LCBA Criminal Law Practice Section Meeting
info@leebarfoundation.org for more info.
September 29
August 31
LCBA Office CLOSED
Land Use and Governmental Law Practice Section Meeting Noon – 1 p.m., Lee County Public Works, 1500 Monroe St., Fort Myers. $10 to attend
September 1
Young Lawyers Division meeting
Noon – 1 p.m., Barrel Room, 2214 Bay St., Fort Myers
September 4 Labor Day
Noon – 1 p.m., Twisted Vine Bistro, 2214 Bay St., Fort Myers
LCBA Office CLOSED
August 17
YLD Happy Hour
LCBA Criminal Law Practice Social
5:30 – 7 p.m., Downtown Social House, 1406 Hendry St., Fort Myers.
5:30 – 7 p.m. The Barrel Room, 2214 Bay St., Fort Myers
August 26
September 15
Young Lawyers Division Try-athlon
9 a.m. – 1 p.m. Castle Golf, 7400 Gladiolus Dr, Fort Myers. Putt-Putt with Pals from the Children’s Network of SWFL. Email Kristalyn Loson to volunteer, Kristalynloson@gmail.com
LCBA Foundation Guided Wine Tasting 5 p.m., expedition departs from Fort Myers City Pier building. Visit leebarfoundation.org/wine or email
September 14
Yom Kippur
October 13
LCBA Criminal Law Practice Section Meeting Noon – 1 p.m., The Barrel Room, 2214 Bay St., Fort Myers.
Bench Bar Gala
6 – 10 p.m. Sidney & Berne Davis Art Center, 2301 First Street, Fort Myers. More information TBA
October 26
Land Use and Governmental Law Practice Section Meeting Noon – 1 p.m., Lee County Public Works, 1500 Monroe St., Fort Myers
November 10 Veteran’s Day
LCBA Office CLOSED
November 3
Young Lawyers Division LCBA Membership Meeting meeting 11:45 a.m. – 1 p.m., The Marina at Edison Ford (Pinchers), 2360 W. First St., Fort Myers. Members $20, nonMembers $30
September 28
Land Use and Governmental Law Practice Section Meeting Noon – 1 p.m., Lee County Public Works, 1500 Monroe St., Fort Myers
Noon – 1 p.m., The Barrel Room, 2214 Bay St., Fort Myers
November 16
LCBA Criminal Law Practice Social
5:30 – 7 p.m., The Barrel Room, 2214 Bay St., Fort Myers
November 22 – 24 Thanksgiving
LCBA Office CLOSED
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 2017
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RES GESTAE | AUGUST 2017
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AUGUST 2017 | RES GESTAE
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Ethically Speaking
MOVING THE DIVIDING LINE The proposal to change the fee sharing prohibition
By Henry Lee Paul
F
lorida Bar members are prohibited from sharing fees with non-lawyers pursuant to Rule 4-5.4 (Professional Independence of a Lawyer). This prohibition has caused particular concern for division of contingent fees with lawyers in the District of Columbia and the state of Washington, which are the only jurisdictions in the United States to allow non-lawyers to be members of a law firm. The Professional Ethics Committee has issued a proposed Advisory Opinion that takes the position that a Florida lawyer should be allowed to share contingent fees with a law firm in the District of Columbia and Washington that have non-lawyer members, provided their independence is not otherwise compromised. Interested members may submit comments to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, postmarked no later than August 15, 2017, in advance of the October 13, 2017 meeting of the Professional Ethics Committee, which will further consider the proposed opinion. If approved, the advisory opinion will be considered by the Board of Governors. Florida has been among the most conservative states in restricting the division of fees with out of state lawyers. See, Chandris v Yanakakis, 868 So. 2d 180 (Fla. 1995). The restrictions are based not only on Rule 4-5.4, but also the prohibition against aiding the unlicensed practice of law in violation of Rule 4-5.5 (Unlicensed
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RES GESTAE | AUGUST 2017
Practice of Law) and the requirements of Rule 4-1.5 (Fees and Costs for Legal Services).
with non-lawyers. See, ABA Model Rule 5-4 (a)(4), Connecticut Rule 5.4, Utah Ethics Opinion 02-07.
If the proposed opinion is adopted, it will put The Florida Bar in line with the ABA. The ABA adopted Formal Opinion 464 in 2013, which was referenced in the text of the Florida proposed advisory opinion. Numerous other jurisdictions have also adopted the position of the ABA on this issue.
It is certain that the regulation of fee sharing with non-lawyers will continue to be subject to extensive review and litigation. Non-lawyer referral arrangements with for-profit companies such as AVVO and Legal Zoom will continue to test restrictions on division of fees with non-lawyers, as well as restrictions on advertising and solicitation. RG
Other issues regarding fee sharing with non-lawyers remain the subject of much controversy. The sharing of fees with non-lawyers in Florida is strictly regulated pursuant to Rule 4-5.4. For example, compensation paid to a paralegal or other non-lawyer cannot be based on performance of the firm or tied to client retention or fees obtained from clients. Florida allows compensation to a nonlawyer based on firm performance only in relation to a “qualified pension, profitsharing, or retirement plan.” See, Rule 4-5.4(b). Numerous other jurisdictions have more liberal allowance for general profit sharing
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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AUGUST 2017 | RES GESTAE
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RPPTL Practice Section
Is Your Involuntary Sale of Real Property Really Final?
Creditor Rights to Levy on Real Property in Florida and the Bankruptcy Code By Kara Jursinski Murphy surfacing in a bankruptcy proceeding. Many litigators refer post-judgment efforts to collection specialists because the process is foreign to them. However, the execution, levy and sale process is straightforward and does not require the lengthy process involved in a mortgage foreclosure. Executing a judgment on real property is especially beneficial if the creditor buys the property at the sheriff’s auction and the value of the property sold is worth significantly more than the underlying judgment. The concern is when the debtor is insolvent at the time of the sale and there are other creditors lurking in the background. In such a case, the forced sale could be avoided by a bankruptcy trustee if certain requirements are met.
When seeking to satisfy a
judgment by liquidating a debtor’s non-exempt real property, practitioners representing creditors should consider the interplay between the aggressive creditor’s rights and the rights of other creditors
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RES GESTAE | AUGUST 2017
A forced sale can be set aside based upon a finding of constructive fraud under §548 of the Bankruptcy Code. Even if there is no actual fraud, a bankruptcy trustee can avoid a debtor’s involuntary transfer if: 1) the debtor had an interest in property; 2) the transfer of that interest occurred within two years of the filing of the bankruptcy petition; 3) the debtor was insolvent at the time of the transfer; and 4) that the debtor received “less than a reasonably equivalent value in exchange for such transfer.” The term “fair market value,” which is the default term when describing property value, does not appear in §548. Inherently,
a distress-type sale, such as a levy, will result in a lower price than a private, arms-length transaction. As stated by the United States Supreme Court in BFP v. Resolution Trust Corp., “reasonably equivalent value” and “fair market value” are not the same. Courts are split as to what is deemed “reasonably equivalent value” in a forced-sale context. Most courts will do a comparison between true fair market value and the forced sale price to determine the percentage of value (This would not apply to tax liens and tax sales as the amount of the tax lien has no true bearing on the fair market value of the property.). Other factors considered are the good faith of the parties and whether the transaction was arm’s length. Some Courts have held that 70 percent of the fair market value establishes the range for a reasonably equivalent value basis while other courts analyze the issues by looking at the specifics of each transaction. In essence, it’s not whether the debtor receives “dollar-for-dollar benefit” or fair market value but rather the analysis is whether the debtor benefited within the range of an arm’s-length transaction. One should be cognizant that while a creditor may obtain title to property in order to satisfy a judgment, the “transfer” may be avoided, even up to two years later. RG Kara Jursinski Murphy is a partner with the Law Office of Kevin F. Jursinski & Associates. She focuses her area of practice on Real Estate, Business and Commercial Litigation, as well as Transactional matters to include residential and commercial properties. Kara is a member of Attorneys’ Title Fund Services, LLC and also has an LL.M. in Real Property Development.
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AUGUST 2017 | RES GESTAE
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YLD Spotlight
PINS, PUTTS AND ANOTHER FLORIDA BAR VICTORY The Lee YLD has been B-U-S-Y! First a big thank you to Tiffany Pereira of the Pereira Law Firm. This local young lawyer was the producer of the Lee YLD Health & Wellness video that captured our May Kayaking Adventure – in such an awesome way that the Lee YLD was the winner of The Florida Bar YLD Health & Wellness video competition AND the recipient of $500 to present to a local charity of our choice. Join us at the LCBA August Lunch to find out the lucky recipient! If you missed the video, check it out at bit.ly/YLDvideo. Also in June, the Lee YLD kicked off our TRY-athlon series of events with Bowling for Buddies at Gator Lanes. We had a lot of fun with the children of the Children’s Network of Southwest Florida learning to bowl, eating pizza and playing games. Thank you to the volunteers who spent their Saturday supporting a wonderful cause and providing a new, fun and positive experience for children from our community. The Lee YLD again got to work with the Children’s Network at Holidays in July at the Imaginarium, and is looking forward to our final two TRY-athlon events. Volunteer with us at Putt-Putt with Pals, scheduled for Saturday August 26 at Castle Golf in Fort Myers.
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RES GESTAE | AUGUST 2017
The Lee YLD recently joined with the Ronald McDonald House’s Red Shoe Society to host a networking social at the Barrel Room in downtown Fort Myers. Attendees had a great time learning about the other organization and sharing personal experiences as young professionals trying to forge a path. If your organization is looking to co-sponsor a networking event in the future, please do not hesitate to reach out to us – we’d love to meet you. Our next networking/social event will take place August 17 at the newly opened Downtown Social House in the former Spirits of Bacchus space! For more information on the YLD: read this column, attend our monthly lunches, visit our Facebook page, or contact Danielle Seitz, Esq. at dseitz@ floridaleglarights.com to be added to our email list. Our next monthly lunch meeting is Friday, September 1 from noon to 1 p.m. at the Barrel Room at Twisted Vine. See you there! RG
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AUGUST 2017 | RES GESTAE
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Congratulations APEX nominees
The LCBA would like to take this opportunity to congratulate four of our members and one of our loyal annual sponsors who were finalists for the prestigious 2017 Apex Award, presented by the Greater Fort Myers Chamber Women in Business. Suzanne Boy Kelly Fayer Ita Nemoytin Christina Scwinn and Cynthia Duff
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RES GESTAE  | AUGUST 2017
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Meet our Rising Stars and Super Lawyers The LCBA congratulates the following attorneys selected to the Florida Rising Stars and Super Lawyers Lists 2017 who list offices in Bonita Springs, Cape Coral, Fort Myers and Sanibel. See all of your colleagues who made the cut at www.superlawyers.com.
RISING STARS Bonita Springs
SUPER LAWYERS
Jordan L. Chaikin
Bonita Springs
Patrick Boland
Chaikin Firm PLLC
Ronald A. Eisenberg
Cole Scott & Kissane PA
Bill Dillon
Henderson, Franklin, Starnes & Holt, P.A.
Jason Hamilton Mikes
Buchanan Ingersoll & Rooney PC
William N. Horowitz
Hamilton Mikes, P.A.
Leland E. Garvin
Cummings & Lockwood LLC
Benjamin Yormak
Garvin Law Firm
Howard M. Hujsa
Yormak Employment & Disability Law
Cape Coral
Jesse T. Gubernat
Cummings & Lockwood LLC
Banker Lopez Gassler P.A.
G. Donald Thomson
Joel W. Hyatt
Henderson, Franklin, Starnes & Holt, P.A.
Hahn Loeser & Parks LLP
Beth T. Vogelsang
Altieri Law Frim, P.A.
Kara Jursinski Murphy
Henderson, Franklin, Starnes & Holt, P.A
Timothy Altieri Dustin M. Butler
Law Office of Kevin F. Jursinski & Associates
Martin Law Firm, P.L.
Brooke N. Martinez
Eviana J. Martin
Pavese Law Firm
Bill B. Berke
Martin Law Firm, P.L.
Traci T. McKee
Berke Law Firm, PA
Thomas M. Tarsia
Henderson, Franklin, Starnes & Holt, P.A.
Jones, Haber & Rollings
John M. Miller
Matthew S. Toll
Henderson, Franklin, Starnes & Holt, P.A.
Joseph E. Adams
Toll Law
Jenna D. Persons
Becker & Poliakoff, PA
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Fort Myers
Strayhorn & Persons, P.L.
John D. Agnew
Shannon M. Puopolo
Henderson, Franklin, Starnes & Holt, P.A.
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J. Matthew Belcastro
Henderson, Franklin, Starnes & Holt, P.A.
Kayla Richmond
Henderson, Franklin, Starnes & Holt, P.A.
Chad T. Brazzeal
Henderson, Franklin, Starnes & Holt, P.A.
Mark A. Boyle
Morgan & Morgan PA
Preston J. Scheiner
Boyle & Leonard, P.A.
Amanda L. Brock
Associates and Bruce L. Scheiner, Attorneys for the Injured
Fort Myers Suzanne M. Boy
Henderson, Franklin, Starnes & Holt, P.A.
Charles B. Capps Pavese Law Firm
Carlos J. Cavenago, III Parvey & Frankel Attorneys PA
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RES GESTAE  | AUGUST 2017
Danielle Seitz Aloia, Roland, Lubell & Morgan PLLC
John C. Webb John Webb Legal
Jay A. Brett
William T. Haverfield, II
Alan J. Rubinstein
Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, PA
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Rubinstein Holz & King, P.A.
Craig R. Hersch
Russell P. Schropp
Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, PA
Henderson, Franklin, Starnes & Holt, P.A.
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Rubinstein Holz & King, P.A.
Christopher J. Shields Pavese Law Firm
Herbert O. Brock, Jr. Becker & Poliakoff, PA
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Henderson, Franklin, Starnes & Holt, P.A.
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Sheldon E. Finman
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Spivey Law Firm, Personal Injury Attorneys
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Patrick E. Geraghty
George H. Knott
Henderson, Franklin, Starnes & Holt, P.A.
Geraghty, Dougherty & Edwards, P.A.
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Bruce M. Stanley, Sr.
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Luis E. Rivera II Henderson, Franklin, Starnes & Holt, P.A. AUGUST 2017 | RES GESTAE
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A young attorney’s passion By Sara Fitzpatrick Comito 22
RES GESTAE | AUGUST 2017
OFS AND HEARTS
Photo credit: Jim Jett Photography AUGUST 2017 | RES GESTAE
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“T
hey were broken, so I had to have them.” It’s a refrain friends and family of Tiffany Pereira know well. It’s the story of how her fiancé, Travis Russell, ended up with a miniature horse in the back of his Honda Element. It’s also how the pair has come to convert their sprawling, pine-wooded property – a rarity in Cape Coral – into a haven for animals in need of a second chance. Attorneys tend to be intense people, and that intensity has a way of manifesting in many facets of life. Among LCBA’s membership we have a chief judge who, between juggling his endless administrative duties and the demand of his own docket, and despite a series of nagging injuries, dominated his first Boston Marathon. In fact, Judge McHugh’s 3 hours, 8 minutes and 26 seconds was the fastest time of any
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Southwest Florida runner this year. Then there’s Jason Gunter, who, as we all know, doesn’t let his prosthetics get in the way of a triathlon’s addictive thrill.
Horse sense Outside the practice of law, lawyers nurture enthusiasms as numerous and diverse as the enthusiasts themselves. Jeff Garvin and Liz Kagan are among our pilots. Stacy Sherman has a passion for fragrant tea blends. Cedric Hall’s intimate portrait photography, especially of fellow military veterans, has featured prominently in this magazine. Tom Chase is a poet and rousing raconteur. Rana Holz is a gifted vocalist. Judge Kathy Sturgis dances circles around a ballroom competition. It would take a whole magazine to explore our attorneys’ various and endlessly
fascinating enthusiasms. It’s a special kind of enthusiasm, though, that requires bottle feeding throughout the night. As a child, Tiffany Pereira visited Allan Parvey’s house to ride horses with his wife and daughter. She came to own a horse who became the center of her universe. Sadly, Mickey died suddenly when Pereira was 16, and the mourning process was overwhelming. As a college student, she finally put out some feelers for a horse to lease, and ended up with a free horse because she was “mean.” Pereira said, “I still have her today, and she is the horse I trust most with children and beginners.” Then came a second horse. In law school, she took on a third. “I could not imagine my life without horses,” she said. Then came Travis Russell. “Once we started dating, I seemed to
start gathering more animals. He dealt with it, and eventually became a willing participant. Now he is the backbone of this farm, and I am so grateful for that.” Then came goats, then chickens, pigs, ducks, cows, and whatever rescue dog came her way. But how did the mini-horse end up inside a compact SUV? The betrothed couple thrive on mutual respect, cooperation and communication. But there has been a little subterfuge along the way.
A crime of passion Pereira and Russell earned J.D.s from Florida Coastal School of Law in 2015. He works for Morgan & Morgan, while she is in practice by herself. While living in Jacksonville, the couple woke one Sunday for church, but she had a different plan because the night
before, she noticed a Facebook post advertising a miniature horse for “$100 for the first person who shows up to get him.” Pereira recalled that she did not need another project going into the third year of law school, but then she saw the comments on the post from a couple who wanted to keep the animal in a third-story apartment. “The sellers were more than willing to give this poor baby to the couple, so I immediately messaged them and told them I could be there.”
They were halfway to Ocala before she revealed the reason they weren’t going to church. “Meanwhile, I was trying to figure out how to tell him that I planned on turning his car into a stall for the next few hours.” It became an amusing story to tell friends and nosy magazine reporters, but it’s also a remarkable story of salvation, church or no church. “Nacho (pictured left on his way to safety) was an absolute disaster,” Pereira said, “It took several hundred dollars and two veterinarians working together to keep him alive.” The couple took turns going to class because Nacho needed care around the clock. He was being fed through a feeding tube and given fluids through a catheter. During his recovery, a friend lent another mini to teach Nacho the ways of the wee equine, and three years later, Nacho runs the roost. It was the first joint
AUGUST 2017 | RES GESTAE
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rescue for Pereira and Russell. “Next thing you know,” she said, “I was picking up baby goats that needed bottle fed from a gas station.”
Everyone has a story Visitors to Pine Haven Farm in northwest Cape Coral will observe gentle animals feeding, playing and resting on an idyllic 10 acres a world away from Pereira’s upbringing off McGregor Blvd. The thought might occur that “haven” is one letter away from “heaven,” but this peaceable kingdom belies a hell that many of these animals endured before their young saviors arrived. The sire of Pereira’s third horse placed third in Preakness, fourth in Bluegrass, and fifth in The Kentucky Derby. She was tossed aside, however, upon being deemed a nonideal breeding candidate. “It’s a long story how she came to me, but let’s just say I put several hundred pounds on her because she was so malnourished.” Two of the mini horses came from a severely abusive home. “After several months, we earned their trust, and they are part of the family,” Pereira said. “Truth be told, everyone here has a story. People have dumped dogs, pigs and 26
RES GESTAE | AUGUST 2017
even chickens here. We recently rehomed a litter of puppies from a truck stop, and took in several pigs from various Domestic Animal Services in several different counties.” While there is a great need for homes for abused and neglected horses, Pine Haven is at capacity, with three full size equines and five minis. Pine Haven is able to provide additional income to the couple, with sales of eggs, pigs and goats – expect a thorough background check and lifestyle evaluation if you try to purchase an animal from Pereira. But the biggest reward is nursing an animal back to health, teaching it to trust people and finding it a loving home. “I can’t lie; I get attached,” Pereira said. “But I understand that we can’t save them all, so I won’t turn down any rescue livestock that needs help, as long as I know I can find a forever home for the animal. It is a lot of work around here, but it is work we enjoy.” There may be a fine line between passion and obsession, especially while managing nascent law careers. But with Russell’s steadfast support and Pereira’s searing intensity, which is matched by her bright, blue eyes, the enthusiasm is contagious. RG
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Legal Lens Michelle Suskauer Reception
Lewis Jones, Mira Staggers-White, Luis Insignares, Dwayne Bergmann
On May 9 Luis E. Insignares, P.A. and the Wilbur Smith Law Firm hosted a reception to introduce Michelle Suskauer, incoming President-elect of the Florida Bar. Suskauer discussed the issues facing the legal profession in all areas of the state.
Joseph Dernbach, Charnele Tate, TJ McCann, Luis E. Insignares, Michelle Suskauer, Leland Garvin
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About 75 lawyers and community members from Lee, Charlotte and Collier attended
Solo & Small Firm Practice Section Breakfast On June 23, GunterFirm hosted a Facebook Business Page Management roundtable discussion and workshop. Maria Berrette, Kelly Fayer, Ingrid Fuller, Shaina Zuppke
Ingrid Fuller of Fuller Online Solutions led the discussion
Mock Trial for PACE Hon. Tara Paluck treated the girls at PACE Center to a special mock trial experience, plus a “Finding Your Voice” panel where top-level women achievers addressed the girls about their careers and fielded questions.
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The Dish
A boatload of
hospitality By Sara Fitzpatrick Comito
“I
love showing people the fishing, the sights and of course, Cabbage Key, because it’s such a special place,” said John Mills. The attorney-novelist also enjoys a good lawyer joke. He’s seen a lot of big sharks and therefore won’t wade more than waist-deep into our Gulf waters. A fishing buddy told him, “Sharks would never eat you, as a professional courtesy.” Ouch. Sharks explore by mouth, gnawing on things to see if they taste good, so better safe than sorry. Anything on the menu at Cabbage Key’s charming and storied restaurant is going to be fresh and delicious. Getting there is the adventurous part. Faster than a great white can decide if it likes the taste of surfboard, I jumped at John’s invitation for my husband and me to join him for a half-day cruise aboard the Trophy Wife Divorce, named after his fifth novel. His West First Street office isn’t the only place he plies his expertise in criminal defense and divorce. These themes are also central to his books, all set against the backdrop of scenic Southwest Florida, where he grew up, preceded by four generations of his family, and the lively proceedings of a courtroom.
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Chilled shrimp
John is a frequent customer at Cabbage Key, where he sometimes stays overnight in one of several guest rooms or cottages as part of Team Trophy Wife Divorce in a fishing tournament. He’s even featured on their blog, and his books are for sale in the gift shop! He started coming to the inn as a child while staying at his family’s fish house, which, sadly was burned down in 1995. We put our fishing poles down when we saw the ferries approaching the island so we could beat the Fourth of July weekend crowd. I wonder how long Chené and Judge Nick Thompson had to wait with their family, as we saw them docking later. Even so, we didn’t arrive in time to sit in the main room, which is air conditioned. This is the one that’s famously festooned with $1 bills. The front room is the old porch of the inn, offering a view of the marina and a blessed
breeze, and was almost as hospitable as the staff. The backs of their T-shirts provide answers to the top 10 questions that visitors ask -- $70,000 is the amount of money on the walls. Fishermen used to write their names on the bills and affix them to the wall so they would have beer money when they returned. Tourists keep up the tradition. When money falls, it is collected for charity, a cool $15K to $20K a year! Serving breakfast, lunch and dinner seven days a week, the historic restaurant has only a tiny kitchen to work in. The menu is therefore limited, but represents a nice mix of choices. For our table, we had clam chowder for starters, which warmed the cockles of my New England heart. Then there was peeled, chilled pink Gulf shrimp, a blackened mahi sandwich and a
Cabbage Key cabbagekey.com | (239) 283-2278 Channel Marker 60 Latitude N 26º 39’ 24.162” Longitude W 82º 13’ 20.635” Breakfast: 7:30-9 a.m. Mon.-Sat., until 10 Sundays Lunch: 11:15 a.m.-3 p.m. Mon.-Fri., until 4 Sat.-Sun. Dinner: 6-8:30 p.m. Mon.-Sun., dinner reservations recommended
Superchilled key lime pie
light, fresh take on rice and beans. Floridians know key lime pie isn’t green, and the one at Cabbage Key is super chilled so it doesn’t melt on the plate. I’d be hard pressed to think of a more refreshing palate cleanser. Maybe a frozen margarita to go with a cheeseburger in paradise? I understand it’s worth writing a song about. John’s busy writing his seventh novel instead. RG
Sara Fitzpatrick Comito is the communications editor for CONRIC PR & Marketing and associate editor of Res Gestae magazine. For suggestions and comments on this regular feature, contact Sara at Sara@ConricPR.com. AUGUST 2017 | RES GESTAE
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LCBA JUDGES CARE Magistrate Gilberto Perez
Laboratory Theater of Florida, board member Twenty-five years after last being on stage, an audition notice for a community theater caught my eye, I was cast, and once again bitten by the acting bug. After a few years of volunteering on and off stage, I was invited by Annette Trossbach to join the board of directors of her Laboratory Theater of Florida. The Laboratory Theater of Florida is a non-profit theater dedicated to the promotion of the performing arts, through live performance, education, community outreach, experimentation and the development of ensemble work. These are exhilarating times in our theater’s history. We have partnered with local agencies to bring awareness of issues affecting Southwest Florida. After years of renting, we are in the process of completely retrofitting our newly-purchased building into a true theater and classroom campus. Being a part of the team which brings so much to the local community is very rewarding. Although nowadays I’m much more involved behind the scenes in the business of being a board member and volunteer for Lab Theater, that acting bug is hard to shake and you never know when you might catch me back on stage. To learn more about Lab Theater, please visit their website at LaboratoryTheaterFlorida.com.
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LCBA MEMBERS CARE Kristalyn Loson, Esq.
Valerie's House, board member When I moved to Fort Myers and met Angela Melvin, she was pursuing her dream of starting an organization for grieving children. Her own mother died when Angela was 10. I was drawn to Angela’s vision, but remember thinking that the idea of childhood grief was just so sad. Fast forward two years and if you visit Valerie’s House in Dean Park, “sad” is not a word that would initially cross your mind. Sure, there are some tissues as the kids talk about their grief during a weekly group support session, but there is also a lot of laughter, playing and normal kid stuff. Most importantly, children learn they are not alone. Likewise, Valerie’s House offers groups for parents and grandparents raising these remarkable children. This family approach helps connect caregivers who may be struggling to readjust to life without their loved one. Families and volunteers share many special moments, from our summer picnic, to a trip to a baseball game, to a Monday night potluck dinner before group. Valerie’s House now offers groups in Fort Myers, Cape Coral and Naples and is always looking for volunteers. Additionally, Valerie’s House is seeking a new house with room to grow. To volunteer or to help with our home search, please contact Angela@ValeriesHouseswfl.org.
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LCBA MEMBERS CARE Justin B. Mazzara, Esq.
Culligan City of Palms Classic, board member Having grown up and played basketball in Southwest Florida, the Culligan City of Palms Classic has always meant a lot to me. Aside from the national attention it garners, the tournament is a great holiday tradition for our community. Since 1973, the City of Palms Classic has been made possible with the overwhelming support of the volunteers, sponsors and fans who create an electric atmosphere for top-notch basketball. As a board member, I get to work with some amazingly talented leaders and play a role in the continuance of this unique Southwest Florida event that many enjoy, including all of us at Grant Fridkin Pearson. Now in its 45th year, the not-for-profit organization Classic Basketball, Inc. will soon host another slate of premier high school players and teams from around the nation. The event will take place December 18 to 23, at the new Suncoast Credit Union Arena on the campus of FSW. To view the schedule, team information and purchase tickets visit CityofPalmsClassic. com. There you can also discover sponsorship opportunities, sign up for the eNewsletter, purview the tournament bracket, scores, stats and more. Hope to see many of my LCBA friends out at Suncoast Credit Union Arena in December!
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In The News Luis E. Rivera successfully met all the requirements and earned national certification as a Consumer Bankruptcy Specialist from the American Board of Certification. He earned certification as a Business Bankruptcy Specialist in 2016 and is now one of only 11 attorneys in Florida who hold these dual certifications by the American Board of Certification. Rivera has broad experience in business litigation, bankruptcy, creditors’ rights and insolvency counseling. In addition to his law practice at Henderson, Franklin, Starnes & Holt, P.A., he serves as a U.S. Bankruptcy Trustee for the Middle District of Florida.
Shirlarian Williams has been named by The National Black Lawyers as one of its “Top 40 Under 40.” Membership in The National Black Lawyers’ Top 40 Under 40 is invitation-only and is limited to the top 40 black attorneys under the age of 40 from each state or region who have demonstrated excellence in their legal practice. The selection process included peer nominations combined with third party research. Williams focuses on civil litigation, criminal, family and personal injury at The Law Office of Shirlarian N. Williams, P.A. in Fort Myers.
Carlos J. Cavenago III was elected to be a director of the Rotary Club of Fort Myers, Southwest Florida’s largest and oldest Rotary Club, which benefits from the membership of many lawyers and judges who volunteer their time and talent. Rotary is a 501(c )(3) nonprofit civic organization dedicated to “service above self.” A Southwest Florida native, Cavenago is an attorney at Parvey & Frankel focusing on litigation and mediation in the areas of personal injury, uninsured motorist coverage, strict liability, negligent security, insurance disputes. He graduated from St. Thomas University School of Law in 2004. Bonita Springs attorney Scott A. Beatty has been elected to serve on the Executive Committee of Henderson, Franklin, Starnes & Holt, P.A., for a three-year term. He joined Henderson Franklin in June 2003 and focuses his litigation practice in business disputes, construction and lien law litigation, contract disputes, collections and foreclosures. He also has an active real estate litigation practice, handling boundary and border disputes, as well as title insurance claims. Beatty is also a founding member and performer with Square One Improv, a comedy improv group performing throughout Southwest Florida. He is also active with the Boy Scouts of America. Pavese Law Firm Partner Christina Harris Schwinn is the 2017-2018 board chair for Junior Achievement of Southwest Florida. A long-term JA supporter and advocate, Schwinn is a founding chair of JA Law Day, held in February each year in partnership with the LCBA. Junior Achievement educates youths about workforce readiness, entrepreneurship and financial literacy through volunteer-led, experiential, handson programs to own their economic success. Schwinn joined Pavese Law Firm in 2005 and focuses on employment law, business transactions, community association law and real estate law. Roetzel Partner Beverly Grady was a featured presenter at the recent Florida Planning and Zoning Association’s (FPZA) 2017 Annual State Conference. Co-presented with planner Jim LaRue, “Ethics Session: Doing What’s Right,” covered the three Rs of ethics: respect, responsibility and results, and explored the AICP’s code of ethics, case studies, model constructs and determining whether a decision is ethical. A nonprofit organization dedicated to planning and developing a quality Florida, FPZA was formed with a mission to “furnish a medium for interchange of information and mutual assistance among those interested in planning and zoning.”
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