Res Gestae - July 2017

JULY 2017

LIFE BEFORE LAW

LCBA Cares About Your Story

Change is the only constant

Land Use section navigates a shifting landscape

Attorney Frank Myers and other LCBA members reflect on past careers THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

Insurance Recovery Advocates Our firm routinely handles and accepts referrals of appellate matters in both state and federal courts.

Legal advocates for the rights of policyholders in insurance recovery, risk transfer, additional insured coverage, coverage disputes and denials, claim representation, and bad faith litigation.

Representing buyers and sellers in all of their commercial and residential real estate transaction and litigation needs.

Mark A. Boyle, Esq.

Michael W. Leonard, Esq.

Amanda K. Anderson, Esq.

Molly Chafe Brockmeyer, Esq.

Justin M. Thomas, Esq.

Ellen G. Smith, Esq.

Alexander L. Brockmeyer, Esq.

Gregory L. Evans, Esq.

Meagan R. Cyrus, Esq.

2050 McGregor Boulevard • Fort Myers, FL 33901 Ph: 239-337-1303 • Fax: 239-337-7674

309 S. Fielding Avenue • Tampa, FL 33606 Ph: 813-254-1122

Insurance-counsel.com

Contents

30

22

AD DIRECTORY Barbara Pizzolato

35

Boyle & Leonard, P.A.

IFC

Brad Jessen, Edward Jones

13

Brodeur Carvell

27

Buchanan Ingersoll & Rooney PC

42

Business Observer

17

Calvo & Calvo Attorneys at Law Compass Law Firm

On The Cover: R. Frank Myers, Esq. former nuclear reactor operator for the U.S. Navy is one of several LCBA members featured in this issue.

9 28

CopyLady 7 DeMine Immigration Law Firm

27

Denise Kennedy

13

Donna Tisch

34

Edison National Bank

BC

Experience Real Estate Group, LLC

15

features

First Florida Investigations

31

22 Life before law

Fort Myers Court Reporting

13

Garvin Law Firm

32

Get Smart Bail Bonds

27

Geraghty Mediation

33

Cover art: April Bordeaux

Circuitous career paths lead to fulfillment

34

by Sara Fitzpatrick Comito

departments 6 Letter from the President

by Kelly L. Fayer, Esq.

Calendar of Events

12

Ethically Speaking

by Henry Lee Paul, Esq.

14 Land Use & Governmental

Law Practice Section

by Amanda Brock, Esq.

21 29

King's Kitchen

41

Kushner & Kushner Attorneys

33

Law Firm of Scott T. Moorey

16

Law Offices of Dennis L. Webb

35

28 New Members

Law Office of Kevin F. Jursinski & Assoc.

17

Leonard P. Reina

15

30 The Dish

Leslea Ellis, LLC

9

26 Legal Lens

Diversity & Inclusion Luncheon

18 Legal Lens

Mina's Bistro

32 LCBA Judges Care

Judge Janeice Martin

34 LCBA Members Care

16 YLD Spotlight

IBC

Kempton P. Logan

by David A. Seitz

10

Joe Viacava Law Johnston Law

8 Letter from Executive Director 28 100 Club

Henderson, Franklin, Starnes & Holt, P.A. 37

Carolann Swanson, Esq.

36 LCBA Members Care

Scot D. Goldberg, Esq.

Livingston Loeffler, P.A.

9

McHale, P.A.

17

Merit Court Reporting, Inc.

37

Molloy Law, LLC

39

Musca Law Office, Inc.

3

Panther Printing

35

Patterson Eskin & Ball

33

Roetzel & Andress

36

Sanibel Captiva Community Bank

11

Sheldon E. Finman, P.A.

15

LCBA Annual Charity Golf Tournament

38 #KindLee

Spivey Law Firm, P.A. The North Law Firm, P.A.

39

20 Legal Lens

40 In the News

The Strayhorn Building

33

LCAWL Reception

21 LCBA Foundation

allocations - call for applications 4

RES GESTAE  | JULY 2017

News and happenings

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

5

TriNet 21 Veranda Restaurant

29

Von Ahn & Associates

29

William DeForest Thompson Jr., LLC

11

Maximum Referral Fees Paid

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

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

Letter from the President What would you have done if you did not become an attorney? I often try to think about what career path I would have taken if I did not go to law school, and I think about jobs that would meet my career bucket list. My ideal career would have to involve helping people, seeking justice, and speaking for those who could not speak for themselves.

With time for a vacation anytime I needed a rest. And naps. I would work 40 hours per week or less. Maybe 30.

Although there is no career that fits all of these qualifications, being an attorney comes pretty close. Well, aside from the reduced hours, vacations and naps!

In September of this year, I will be an attorney for 20 years. Sometimes I tell people I started practicing when I was 12 so I could still be a Spring Chicken. And, yes, I know that I am not one anymore, but it is fun to take some time to pretend.

When I look back on the actual Spring Chicken part of my life, it appears that I was in a race with myself to become an attorney. I graduated high school at the age of 17, and then completed college in three and a half years at the age of 20. I would tell you how old I was when I graduated law school, but that might give away my age…so…we will say 12.

My entire adult life has been centered around being an attorney. I had no first act to segue into a second, only the law. Therefore, I remain fascinated by other people who have had actual lives outside of the profession. Did you know that some of our members have had first acts as: a print journalist and TV anchor, U.S. Navy nuclear reactor operator, banker, public school teacher, FBI special agent, radio and television news reporter, pharmacist, investment and insurance rep, IT consultant and general contractor? We even have one member who owned a pie company. Please see the story on page 22 for some very interesting career paths and keep an eye out for the stories at Leebar.org that we simply couldn’t fit into these pages.

We are happy to have so much diversity in our membership. I think that all of the people featured bring a unique perspective and it is nice to practice law with such a remarkable group.

Fortunately, for me, I love what I do so I probably would not change my career path if I could do it all again. However, the next time you see me, please feel free to offer suggestions.

Additional hotels and resorts are coming on board to extend special rates to our members. the Membership Benefits tab at leebar.org for info and enjoy some much-deserved R&R at such beautiful locations as: Bellasera Resort • DiamondHead Beach Resort & Spa • Hilton Naples • GullWing Hotel Indigo • Park Shore Resort • Pointe Estero • Sanibel Moorings Kelly L. Fayer, Esq. Kelly@FayerLaw.net | 239.415.3434 6

RES GESTAE | JULY 2017

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 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.

Special for LCBA Members Only

Color System Copy • Scan • Print $119 per month Includes Service & Supply Contract Service • Parts • Drums • Toner

For every system sold or leased in July, we will donate $100 to the LCBA Foundation #KindLee campaign.

“In our business, which includes real estate brokerage, property management, consulting, and new project development, it is imperative that we have sturdy, functional, stateof-the-art copying and internal printing equipment that we can rely upon.

CopyLady Inc. has been our go-to company for that equipment for a number of years now and they have never let us down. If there is ever a problem, their knowledgeable technicians are on it right away. I guess we’re spoiled, but we’re convinced that we deserve this kind of service all the time and that’s what we get from the team at CopyLady.” ~ Randy Henderson – CEO Corbin Henderson Company

239-939-5383 CopyLady.com 1949 Dana Drive · Fort Myers, FL 33907 CMYK / .ai

Facebook “f ” Logo

CMYK / .ai

President, Cynthia Duff, President

Cynthia Duff

Letter from the Executive Director Happy Independence Day! Nothing makes me think of summer in Florida more than a Fourth of July barbecue or day at the beach.

If you missed it, for the second year running we had the Florida Bar President here in Fort Myers to help host our June Membership Luncheon. This year the focus was on Diversity, and we took a look at the various initiatives to address gender inequality. On stage with President-elect Michael Higer, we had Judge Tara Paluck, Gail Markham, Jeanne Sweeney, and Irena and Yoanna Nikolova to lead the discussion in a workshop format. Thank you again to everyone who attended.

At the luncheon we also had the opportunity to present the LCBA Foundation with the proceeds from the March Shrimp Boil. The next big check we present will be to Legal Aid for the proceeds from the 2017 Charity Golf Tournament, which is expected to be the second-highest net in 10 years. We would not have been able to accomplish this without the work of our golf committee, all of the players, the sponsors, and everyone who participated in the 19th Hole Lunch and Auctions.

Looking forward, the Young Lawyers Division Try-athlon events are trucking along. Bowling with Buddies was a success, and the Putt-Putt with Pals is up next. The Try-athlon events help foster children from the Children’s Network to “try” different activities that they would probably never get to otherwise.

The upcoming Holidays in July also aims to provide some normalcy for these kids who did absolutely nothing to deserve the chaos that has been thrust on them. Like all of the YLD events, these are open to all LCBA members to volunteer and participate. If you have been skipping the YLD events, you have most certainly been missing out.

I get excited every time I see #Kindlee mentioned “in the wild,” when a non-attorney tags a social media post, or another organization recognizes someone for a #KindLee act. Just to recap some of the #KindLee committee’s one-off projects so far this year: we raised $1,000 for pediatric mental health, we collected and donated nearly 200 pairs of shoes for Soles4Souls, we’ve donated nearly 100 shirts to be sold to raise money for Valerie’s House, and let’s not forget all of the selfless tasks I’ve completed for my dear wife! Check out kindlee.org to see the others, and maybe it’s time you tagged someone you know with #KindLee to inspire some random kindness in our community.

Mark your calendars for this year’s Bench Bar Gala on Friday, September 29. After last year’s record turnout, we’re probably going to have to cap attendance to avoid the ire of the Fire Marshall. The LCBA Foundation is also now accepting grant applications. Head on over to leebarfoundation.org to read more about the mission, the grant process and the upcoming fundraising events!

David A. Seitz, Executive Director DSeitz@leebar.org | 239.334.0047 8

RES GESTAE | JULY 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 Henry Lee Paul, Esq. Amanda Brock, 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.

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

Leslea Ellis, LLC

Certified Public Accountant Certified Fraud Examiner

Let Us Draft A Plan For Equitable Distribution

www.LesleaEllis.com

6326 Presidential Ct Suite 2 Fort Myers, FL 33919

(239) 690-6500

EXPERIENCED. CONFIDENT. AGGRESSIVE. Criminal & DUI Defense Family Law & Divorce Representation

Attorney Katheryn Calvo

Board Certified in Criminal Trial

Attorney Jose Calvo Former Prosecutor

Se Habla Espanol

239.332.5501 CalvoLaw.com 1534 Jackson Street • Fort Myers, FL 33901

JULY 2017 | RES GESTAE

9

Calendar of Events Some dates for 2017 Section Meetings have not been confirmed - Check our website for details!

July 4

Independence Day

August 31

October 26

Noon – 1 p.m., Lee County Public Works, 1500 Monroe St., Fort Myers. $10 to attend

Noon – 1 p.m., Lee County Public Works, 1500 Monroe St., Fort Myers

Land Use and Governmental Law Practice Section Meeting

LCBA and Courts Closed

July 7

Young Lawyers Division Meeting Noon – 1 p.m., Twisted Vine Bistro, 2214 Bay St., Fort Myers

September 4

July 12

LCBA Office CLOSED

LCBA General Civil and Business Litigation CLE Lunch

Noon – 1 p.m., Courtroom 4-H. Topic: Getting Insurance Coverage for Your Client When Sued. CLE credit approved

July 13

LCBA Criminal Law Practice Social

5:30 – 7 p.m., The Barrel Room, 2214 Bay St., Fort Myers

August 4

Young Lawyers Division Meeting Noon – 1 p.m., Location TBD

August 11

LCBA Criminal Law Practice Section Meeting Noon – 1 p.m., Twisted Vine Bistro, 2214 Bay St., Fort Myers

August 26

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.

Labor Day

September 14

LCBA Criminal Law Practice Social

5:30 – 7 p.m. The Barrel Room, 2214 Bay St., Fort Myers

September 28

Land Use and Governmental Law Practice Section Meeting Noon – 1 p.m., Lee County Public Works, 1500 Monroe St.

Land Use and Governmental Law Practice Section Meeting

November 10 Veteran’s Day

LCBA Office CLOSED

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

10

RES GESTAE | JULY 2017

Attention Attorneys:

We offer totally Free business and personal checking!

NO monthly service charges Best wire department in Southwest Florida Free wire manager NO wire fees for attorneys Free Treasury Management Services

Lee Golden

Kristin DiIorio

239-274-6234 lgolden@sancapbank.com

239-274-6237 kdiiorio@sancapbank.com

Senior VP-Director of Retail Operations

VP and Office Manager (Downtown Fort Myers)

Beth Countryman

VP of Treasury Management

239-274-6232 bcountryman@sancapbank.com

Free convenient online banking and mobile banking apps 2475 Library Way SanibeL 239-472-6100

1037 Periwinkle Way SanibeL 239-472-6150

15975 McGregor blvd.

Fort MyerS 239-210-7100

7040 Winkler road Fort MyerS 239-274-7400

7500 College Parkway Fort MyerS 239-274-6200

1533 Hendry Street Fort MyerS 239-274-6205

11691 Gateway blvd., Ste. 101 Fort MyerS 239-274-6210

Locally owned and operated

JULY 2017 | RES GESTAE

11

Ethically Speaking

Don’t get lost in (cyber) space ABA warns: protect your clients’ information

By Henry Lee Paul

T

he American Bar Association released formal opinion 477R on May 22, 2017 (Securing Communication of Protected Client Information). The opinion warns lawyers of the obligation to take appropriate measures to protect client information in the digital age.

I previously wrote about the duties of competence and confidentiality as the basis of the obligation to adequately protect client information in my December 2016 Res Gestae article. The ABA opinion goes beyond the discussion of the basis of the obligation and makes seven recommendations to assist lawyers in compliance with the obligation to secure client information. I will identify the recommendations made by the ABA with a short summary of the discussion presented in the opinion.

“Understand the Nature of the Threat.”

This recommendation suggests that the lawyer understand how sensitive the client information is and how likely it is to be a target.

“Understand How Client Confidential Information is Transmitted and Where It Is Stored.” This recommendation underscores the growing responsibility of a lawyer to be educated on the process of electronic storage and communication.

“Understand and Use Reasonable Electronic Security Measures.” This recommendation suggests using basic

12

RES GESTAE | JULY 2017

procedures such as changing passwords frequently, updating software promptly, only using secure internet access methods or even using encryption.

“Determine How Electronic Communications About Clients Matters Should Be Protected.” This recommendation suggests that the lawyer discuss with the client the appropriate type of protection. This is especially important for clients with highly sensitive information.

“Label Client Confidential Information.” This is an obvious protection that is often ignored in the world of instant email communication.

Labeling client information can be important to the protection of information that has been inadvertently sent and clearly establishes the intent of the information to be confidential.

“Train Lawyers and Nonlawyer Assistants in Technology and Information Security.” A lawyer has a duty to supervise and establish reasonable policies and procedures for protection of client information.

“Conduct Due Diligence on Vendors Providing Communication Technology.” This recommendation suggests checking vendor references, credentials, security policies and protocols. The use of confidentiality agreements and agreements confirming

ownership of information should be considered. An understanding of the applicable legal processes, including venue of information and vendor procedures in response to legal process is important.

The opinion advises that a lawyer has a duty to discuss information protection issues with a client. A Florida lawyer must be proactive in order to competently handle whatever technology issues may be encountered in the practice of law. A lawyer has an obligation to adapt and take reasonable measures to protect client information in the modern information age. 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.

NOW WITH 2 LOCATIONS - FORT MYERS AND NAPLES LOCAL COURT REPORTERS SERVING OUR LEGAL COMMUNITY ONLINE scheduling with 24/7 access to all repository files Nationwide scheduling • Competitive rates Jackie Burrell, RPR 10 years Firm Ownership 25 years Court Reporting

www.fmreporting.com

Phone: 239.334.1411 | Fax: 239.334.1476 2180 West First Street, Suite 120, Fort Myers, FL 33901

MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:

>>

PERSONAL INJURY

>>

NURSING HOME

>>

INSURANCE DISPUTES

>>

CONTRACT DISPUTES

>>

CONSTRUCTION

>>

REAL PROPERTY

>>

MALPRACTICE

EXPERIENCE IN DEVELOPING STRATEGIES AND PATHWAYS TO RESOLUTION!

FULL TIME

DENISE H. KENNEDY, ESQ.

My Value Proposition:

I want to understand what’s important to you. Only then, can you and I work through an established process to analyze personalized strategies helping you achieve your financial goals. I will continue to partner with you and your family throughout your life revisiting your goals and strategies we’ve developed helping to keep you on track toward your goals.

Brad Jessen

Financial Advisor Proudly Helping Families & Businesses Organize, Analyze, Preserve, and Transfer Wealth

CERTIFIED CIRCUIT-CIVIL MEDIATOR | QUALIFIED ARBITRATOR

> > OVER 30 YEARS CIVIL LITIGATION EXPERIENCE REPRESENTING

PLAINTIFFS AND DEFENDANTS >> OVER 4000 MEDIATIONS AND ARBITRATIONS >> BOARD CERTIFIED IN CIVIL TRIAL LAW (1995) >> AVAILABLE THROUGHOUT 20TH AND 12TH JUDICIAL CIRCUITS WITH NO TRAVEL FEE

Member SIPC

Brad Jessen, Financial Advisor 239.283.2582 edwardjones.com 12016 Matlacha Blvd, Suite C Matlacha Isles, FL 33991

JULY 2017 | RES GESTAE

13

Land Use & Governmental Law Practice Section

Change is the only constant A practice section navigates a shifting landscape

By Amanda L. Brock, Esq. Co-chair

I

find as the years pass, I increasingly appreciate the old adage “change is the only constant.” This certainly could not be truer for our practitioners in the Land Use and Local Government Bar Section. Perhaps because by its very nature our practice area is tied so closely to the undulations of local politics, it is certainly never a dull, or at times even a predictable, practice.

It may be of interest to those practicing outside this area to learn that the proceedings involved in the land use arm of local government practice involves legislative, quasi-judicial and judicial processes. This breadth of venue introduces not only variations in the legal standards that must be met for the consideration of land use requests in their various forms, but also nuances in the manner in which a particular request is approached with the local jurisdiction and the ultimate decision maker.

In the legislative realm, such as comprehensive plan changes, the decision maker is the local government body itself, such as a board of county commissioners or city council. For quasi-judicial actions, such as zoning requests, the decision maker could be the board or council, or for

14

RES GESTAE | JULY 2017

certain requests such as special exceptions, the decision maker could be a special magistrate, depending on the jurisdiction.

If land use decisions are appealed, judicial processes are then employed.

Particularly for the quasi-judicial proceedings, the rules governing those proceedings are adopted by local ordinance and generally codified in the local jurisdiction’s land development code or administrative code. These rules are therefore subject to change, and we have certainly seen examples of that. For example, within the last year, the City of Cape Coral appointed a hearing examiner to hear certain land use cases, which marked a major change in processes in that jurisdiction. Cape Coral is also undergoing major revisions to its land use and development regulations.

The incorporation of the Village of Estero in late 2014 continues to evolve in its review of land use applications. At our section meetings so far this year, we have heard from the Lee County Port Authority about the many changes affecting our airports and their surrounding land, from Lee County Planning division regarding significant amendments to the Lee County Comprehensive Plan, and from the Fort

Myers Community Redevelopment Agency about the drastic changes affecting that city.

And the changes don’t stop there! The leadership of our section is changing as Erica Woods, senior vice president legal services with Kitson & Partners, joins me as co-chair. The Babcock Ranch project Erica works so diligently on is yet another example of major changes coming to Southwest Florida via land use. As we head into the latter part of 2017 with great programming for our monthly lunches already on the books, we rest easy knowing things will most certainly continue to change! RG

Amanda L. Brock is a Shareholder at Henderson Franklin, practicing land use and environmental law. She is a member of the Executive Council of the Florida Bar’s Environmental and Land Use Section and chair of its Land Use Committee and immediate past president of the Real Estate Investment Society.

She also serves on the Foundation for Lee County Public Schools.

The Legacy Continues Saving families, one at a time Sheldon E. Finman, P.A. A respectful approach to divorce.

Client-centered, child-focused, problem-solving transition from marriage.

Divorce does not have to be a destructive process.

Sheldon E. Finman, Esq.

Julia L. Finman, Esq.

239-332-4543 • RespectfulDivorces.com 2134 McGregor Blvd.

Fort Myers, Fl 33901

35 Years.

3,500 Mediations.

Experience Makes the Difference.

LPR

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

239.263.2059 www.LPReina.info LPReina@LPReina.com

JULY 2017 | RES GESTAE

15

YLD Spotlight

Paddling to Wellness

By Kayla Richmond, Esq., LCBA YLD president

T

he Young Lawyers Division’s May event, Sunset Kayaking at Big Hickory Island in Estero, was a huge success! A big thanks to The Florida Bar YLD for the grant monies to be able to participate in its Health and Wellness initiative.

Check out the video of this event on our Lee-YLD Facebook page. This video is in the running to help us receive another grant from the Florida Bar YLD, for contribution to a charity of our choice.

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 meeting is August 4, 2017, location to be determined. RG

16

RES GESTAE | JULY 2017

Get the legal advertising service you deserve

McHale, P.A.

PUBLISH YOUR LEGAL NOTICE WITH THE BUSINESS OBSERVER • Expert Witness Testimony

Coverage in 10 counties:

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

• Forensic Accounting

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

• Litigation Support • Bankruptcy Matters • Receiverships

BAR MEMBER SPECIAL

• Distressed Business

Complimentary 13- week trial subscription available.

Management

LV10752

Bar members only.

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

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

JULY 2017 | RES GESTAE

17

Legal Lens

Kelly Fayer and DJ Robert McDonald

Guichard St. Surin, Brian McNamara

Bill Herrin, Marisa Boysen, Dawn Drellos-Thompson

LCBA Charity Golf Tournament May 21 was the date for golf, fun and fundraising at the Forest Country Club to benefit the LCBA Foundation and Lee County Legal Aid Society.

Judge Hayward works on his short game

Photo credit: Jim Jett Photography

Kelly Fayer, Alina Gonzalez-Dockery, Stephanie Bendeck, Shannon Puopolo

LCSO got in on the action

18

RES GESTAE  | JULY 2017

Chelsea Maukonen, Meghan Davis, Meaghan Grant, Valerie Skeen.

John Webb, Eviana Martin, Steven Martin, Wally Crane

Ed Canterbury, Michael Lehnert

Eviana Martin, Steven Martin

Legal Lens

Team from Avard Law Offices

Guichard St. Surin

Brandon Kucia, Lisa Poulin

Ken Jones, Jim Barney, Brandon Jones, Cory Jones

John Webb, Jonathan Martin, Judge Hayward, Wally Crane

Eviana Martin, Brian McNamara, Steven Martin, James Chandler

Heather Shelton, Jackie Burrell, Leilani Martinez, Karla Campos-Andersen, Kelly Fayer

LCSO team sponsored by Gray/Robinson

Amanda Mitteer Bartley, Shannon Puopolo

Tiffany Pereira, Dan Endrizal, Meaghan Grant

JULY 2017 | RES GESTAE

19

Legal Lens

Alexis Barkis, Liridona Sinani, Isabel Barroso, Judge Robert Branning, Diana Dawn Jezik, Kristalyn Loson, Kayla Richmond

Scot Goldberg, Marcy Shaw, Alex Crispin, Brandy Woodson, Elizete Valado

LCAWL Annual Judicial Reception On May 4, Hon. Robert Branning was recognized for his contributions to the community through his dependency court pet therapy program.

Thanks to sponsors: Christina Schwinn, MaryBeth Fletcher

Associates and Bruce L. Scheiner, Attorneys for the Injured

Judge Branning, Judge Janeice Martin, Magistrate Judge Carol Mirando, Magistrate Judge Mac McCoy

Bergermann Law Firm Cole, Scott, & Kissane, P.A. Copy Lady, Inc. Goldstein, Buckley, Cechman, Rice and Purtz, P.A. Hahn Loeser & Parks, LLP Christopher Smith, Kelly Fayer

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

Public Defender Kathleen Smith, Chief Judge Michael McHugh

Pavese Law Firm Spivey Law Firm Personal Injury Attorneys, P.A. Von Ahn Associates, Inc. Westlaw, Thomson Reuters Judges Josephine Gagliardi, Archie Hayward and Sheri Polster Chappell

20

RES GESTAE | JULY 2017

Photo credit: Jim Jett Photography

Julie Ireland, Judge Zachary Gill

The lawyers and staff of Johnston Law PLLC sadly announce that our close friend and colleague, Ann Greulich, passed away on April 15, 2017.

Annie loved her work with the members of the Lee County Bar and the Southwest Florida Bankruptcy Professionals Association.

She was also a beloved member of our family at Johnston Law. We will miss her warmth, independent spirit and dedication.

CALL FOR APPLICATIONS The Lee County Bar Association Foundation, Inc. will accept applications for allocations starting June 1 through Sept. 1, 2017. Information and the applications is available at LeeBarFoundation.org. Anticipated to be from $1,000 to $3,000, allocations will be based on the thoroughness of the application and achievement of the Foundation’s purposes: 1. promote provision of legal aid to the indigent 2. support charitable endeavors benefitting youth and/ or the under-privileged population 3. encourage and promote education and community awareness of the law 4. provide for the establishment of scholarships.

The Lee County Bar Association Foundation, Inc. has obtained tax-exempt status as a 501(c)(3) charity. Please file applications addressed to Lee County Bar Association Foundation, Inc. P. O. Box 1387, Fort Myers, FL 339021387. Please address questions in writing to the above address or to Beverly Grady at bgrady@ralaw.com.

HOW MANY NON-BILLABLE HOURS IS YOUR FIRM SPENDING ON HR RELATED TASKS? PARTNERING with us will enable you to focus on

what’s important - finding and serving clients, attracting and retaining top-quality talent, and guarding the bottom line against needless expenditures, Your HR Challanges Our HR Solutions Limited time and resources

An HR bundle providing freedom to focus

Maintaining HR compliance

Full HR compliance that minimizes your risk

Attracting & retaining talent

Access to big company benefits

BENEFITS - Wide selection of benefit plans

designed to attract and retain key talent

HR TEAM - Team of HR professionals, including a support center

OUR SERVICES - Expert handling of HR

administration providing freedom to focus on business

CLOUD PLATFORM - A secure environment, making HR administration simple

TIME IS MONEY CALL TODAY James Eatmon

239.265.9149 O • 239.980.9369 C JamesEatmon@TriNet.com

TriNet.com

JULY 2017 | RES GESTAE

21

Life Before Law Circuitous career paths lead to fulfillment

By Sara Fitzpatrick Comito

“It is never too late to be what you might have been.” It’s a quote that is commonly, and most likely incorrectly, attributed to the novelist George Eliot. Nevertheless, it’s a sentiment she’d likely support, being, as she was, an exceedingly unconventional person who was quite adept at re-invention. Take the pen name, for instance, by which most of us know the talented Mary Anne Evans. Eliot didn’t dedicate her career to the craft of writing until the age of 31 – rather late in life by Victorian standards, and just 30 years before she shuffled off this mortal coil, to borrow a phrase from Hamlet, himself a quite unconventional monarch.

What qualifies as vocational convention today? A notion persists about a linear trajectory from school to career, with age-specific milestones to attain. Few models exist, at least in popular culture, to celebrate trailblazers whose trail may have veered once or twice into unexplored territory. Tolkien, however, reminds us that “Not all those who wander are lost.”

Many Lee County attorneys, in fact, demonstrate that choosing law as a second (or third!) career results in job satisfaction, confidence and a decided lack of “what ifs.”

Res Gestae asked you for your stories, and you delivered! Tellingly, when asked, “Would you do it the same way all over again?” you answered, “Yes.” Read on, and maybe you’ll learn something new about your colleagues’ histories before they entered the second act of their colorful careers.

22

RES GESTAE | JULY 2017

Nuclear option

Before entering the law profession, R. Frank Myers was a nuclear reactor operator for the U.S. Navy. It’s a job that requires precision, which he offers in his accounting of the experience, “I spent nine years, seven months, 14 days and seven hours immediately after Riverdale High School engaged in the training, traveling and service associated with this, including months spent underwater at sea.” But who’s counting? One might assume counting sheep would be useful in trying to get the rest required to respond to extreme situations. “Once, we surfaced during a hurricane off the Florida coast!” Myers recalled. He credits his Navy experience with shaping his character and cultivating that exacting attention to detail plus stress management skills that continue to serve him and his clients.

R. Frank Myers as a Navy

nuclear reactor operator

A teachable moment

Introspection is valuable in career growth. Maria Berrette comes by it naturally, but her experience as a high school teacher seemingly cultivated her habit for the kind of honest reflection that doesn’t exist in popular lawyer stereotypes. She ventured, “Maybe I should have postponed law school and entering my second career until my children were older.” Her clients would likely disagree.

Berrette taught government, economics and world history at a Lee County high school from 2006 to 2009, and was rewarded with seeing students’ academic growth. As it turns out, educator expertise is transferrable to the legal realm, especially communication skills for reaching listeners from many backgrounds and varied learning levels. It has also granted her a solid foundation for success as LCBA’s Mock Trial chair.

Yearbook picture of

Maria Berrette

JULY 2017 | RES GESTAE

23

Robert Foley's ai

rcraft at Army ba

se in Germany -

1989

Same Constitution, different oath

“Two paths diverged,” begins Robert Frost’s famous poem, and ASA Robert Foley certainly found himself at a crossroads when upon passing the Massachusetts Bar, he was offered the position as a prosecutor that he’d always wanted, plus a separate opportunity that was difficult to pass up: a career with the FBI. He chose the special agent opportunity and, as Frost wrote, “that has made all the difference.”

Early on in that career, the former military aviator flew planes and helicopters, served on the SWAT team, was a firearms instructor and did a tour as a line attorney in the FBI’s Office of General Counsel. Terrorism, violent gang matters, white collar crime and public corruption were all in his wheelhouse.

Foley’s divergent path later came back together; three weeks after his 2016 retirement lunch, he said, “I found myself in a courtroom arguing against a motion to suppress as an ASA for the 20th. I won, and was hooked! As an agent, I started with facts and applied them to the law. As a prosecutor, I start with the law and apply it to the facts.” Foley considers serving the public in an ethical and honest way to be at the core of both of his career employers’ leadership philosophy.

No bitter pill

Robert Foley leading FBI press conference about Hoffa dig

- 2013

Robert McCurdy is special system legal counsel for Lee Health, and his position represents the culmination of a career steeped in both health care and the legal field. A 1962 graduate of the U.F. College of Pharmacy, McCurdy worked as a pharmacy tech for the U.S. Army. Following his service, he continued practicing in pharmacy in Tampa for 11 years, plus the three that he was earning his J.D. at Stetson Law School with a new wife and a small child at home. From there, he moved his family to complete a health law program administered by the University of Pittsburg’s College of Public Health with the help of the G.I. Bill. A while later, Lee Memorial’s board approved of hiring a lawyer in-house. McCurdy began as a staff attorney in 1975 with one assistant. “As the years passed, the Legal Department expanded, adding attorneys, risk managers and support personnel. I received more elevated titles in the process,” McCurdy said. He officially retired in 2005, but still comes in one day a week. In between, he has embarked on yet another career as a fiction writer.

24

RES GESTAE | JULY 2017

On the beat

r cover

Rana Holz - newspape

Mark Trank news photos 1982

Two of our responding attorneys had promising careers as journalists. Getting her start as a columnist and reporter at her local paper, Rana Holz then worked as a radio reporter and anchor, a reporter and sports editor for the Florida Leader news magazine, a teaching assistant in radio production, and then as a PBS channel weather anchor and reporter. Moving on to another career, banking, Holz developed an interest in trust and estate planning and attended law school. A mentor, she said, “told me that I had a knack for family law and that if I practiced it at the outset, I could get ahead of the pack. I took that advice.”

Assistant County Attorney Mark Trank got his start as a reporter on Capitol Hill and worked as a radio and television news reporter in Washington, D.C., Miami and Los Angeles. He covered Ronald Reagan’s inauguration and even got to be part of a team to interview the president in the Lincoln Room of the White House. Miami’s Cocaine Cowboys were part of his beat.

Earthquakes and the Billionaire Boys’ Club kidnapping and homicide trial and an interview with attorney Johnny Cochran are among his L.A. clips.

“I learned to write clearly and professionally, and appearing on-camera became a great precursor for oral advocacy in the courtroom and other forums,” Trank recalled.

Holz said, “I am grateful that The Weather Channel or Good Morning America didn’t make me an offer, because I couldn’t be happier with how things have turned out. I use the same skill set to help people through the most difficult time in their life.”

The supposed George Eliot quote may well be apocryphal, or it may have been spun out of the cloth of an 1859 poem by Adelaide Anne Proctor, as in the lines: No star is ever lost we once have seen, We always may be what we might have been.

Its origin notwithstanding, the simple wisdom persists that our true vocation remains ours to envision (and reenvision) and pursue at any point in life. And the places our journey may have brought us along the way can serve us still as we continue to navigate the way ahead, as those enjoying their careers’ second acts are happily aware. RG

JULY 2017 | RES GESTAE

25

Legal Lens

Amy Martin, Agnieszka Osowicka, Danielle O'Halloran, Judge Devin George

Arlene Goldberg, MaryBeth Fletcher

Christina Schwinn, Jeanne Sweeny, Barbara Dell, Gail Markham, Kelly Fayer

Diversity & Inclusion Luncheon Our June 16 membership luncheon featured Florida Bar President-elect Michael Higer and a panel discussion held in partnership with the LCBA YLD, LCAWL and the Isaac Anderson Jr. Bar Association.

Linda Doggett, Michael Higer

Photo credit: Jim Jett Photography

Gail Markham, Judge Michael McHugh, Judge Tara Paluck

Guichard St. Surin, Michael Higer

26

RES GESTAE  | JULY 2017

Herb Fried, Cedric Hall, Melissa Barris, Linh Trinh

Erica Fernandez, Judge Tara Paluck, Judge Josephine Gagliardi, Danielle Clark

John Webb, Magistrate Kim Bocelli, Daniel Endrizal

Kaylee Tuck, Madison Allen, Kristen Schalter, Liridona Sinani

YOUR A+ CHOICE IN BAIL BOND SERVICES A comprehensive bail bonding service available to your client 24 hours a day 7 days a week.

Serving all of Florida & most other states!

Any Court, Any Time, Any Where Associated with Expert Bail, we deliver the necessary documents to get your client released as quickly as possible.

Nancy Kelly Scafuri - nancykelly305@gmail.com Main: 239.334.0044 • Cell: 239.443.6404 • Fax: 239.226.0001

GetSmartBailBonds.com 2551 Fourth Street. • Fort Myers, FL 33901

Helping Your Clients Achieve Their American Dream

by Providing Comprehensive Services for All Areas of Immigration Law

Family Based Visas Business Based Visas Waivers and Unlawful Presence Removals and Deportations DeMine Immigration Law Firm Indera DeMine, Esq.

239.745.5525 indera@demineimmigration.com 1625 Hendry Street, Suite 103 Fort Myers, FL 33901 Eligible to Practice Immigration Law Nationwide

JULY 2017 | RES GESTAE

27

Absolute Law Aloia Roland & Lubell, LLP Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Bergermann Law Firm Berrette & Zuppke, Attorney at Law, LLC Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski & Feichthaler Buchanan Ingersoll & Rooney PC Calvo & Calvo Coleman & Coleman Cole Scott & Kissane, P.A., Bonita Springs Office Costello & Wicker, P.A. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Geraghty, Dougherty, Edwards & Stockman, P.A.

Goldberg Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner Law Offices of Michael M. Raheb, P.A. LaDonna J. Cody, P.A., Attorney at Law Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group McQuagge Law Firm Men’s Rights Law Firm North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A.

Parvey & Frankel Attorneys, PA Prather and Swank, P.A. Patrone & Kemp, PA Pavese Law Firm Robert Harris Law Firm Roetzel & Andress, L.P.A. 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. Strayhorn and Persons, P.L. The Law Office of Brantley Oakey The North Law Firm, P.A. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Wilbur Smith Attorneys at Law 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, email a listing of your attorneys to admin@leebar.org and we will let you know.

THE IMPORTANCE OF PLANNING CAN NEVER BE OVERSTATED. James M. DaFonte Cole Scott & Kissane, P.A. Stephen W. Dommerich State Attorney’s Office Tyler M. Dupuy Law Office of Amy L. Warpinski Bryan R. Greenberg All Injuries Law Firm Regan Urquhart Student

Compass provides affordable and practical legal advice for small businesses and in personal matters.

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

239.444.1727

Charting a course for business & personal success

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

28

RES GESTAE | JULY 2017

Over 200 years of Experience Does Make a Difference

KEMPTON P. LOGAN Certified Mediator/Arbitrator • Certified Circuit-Civil / and Federal Mediator since 1991 • Panel Arbitrator, American Arbitration Association and 20 th Judicial Circuit • Over 30 years civil litigation experience in Southwest Florida, including Personal Injury, Contract, Partnership, Real Estate, Insurance, and Probate.

• Available for Court ordered or private arbitration.

Restaurant Exceptional Since 1978

239-332-2065

Downtown Fort Myers River District Lunch • Dinner • Closed Sunday www.verandarestaurant.com

• www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net

JULY 2017 | RES GESTAE

29

The Dish

A (very) hidden gem Mina's Bistro

By Sara Fitzpatrick Comito

S

hakespeare is responsible for coining the common phrase “All that glitters is not gold,” although “glister” was the actual term he used in “The Merchant of Venice.” About 350 years later, Tolkien countered, “All that is gold does not glitter.” Those two literary giants are juxtaposed elsewhere in this magazine, on account of this writer’s persistent fixations. Happily I get to indulge my fixations, both literary and culinary, month after month in this space as long as you, gentle reader, continue to indulge me.

be the principal drivers of business.

We discovered, however, that Mina’s clandestine location provided the perfect reprieve from a busy Monday of travel, client meetings, emails and deadlines.

The family-owned restaurant delivers a dining experience that is homey and fulfilling – the kind that leads to intimate conversation, like the one Marcy and I had about when she moved to Fort Myers in 1998 after law school at the University of Florida to become a prosecutor and made the town her home.

Marcy Shaw indulged me recently with a meeting at Mina’s Bistro, whose unassuming location brought to mind Tolkien’s sentiment. Tucked out of sight in a far corner of an equally unassuming plaza off Colonial Boulevard and Winkler Avenue in Fort Myers, just east of the Family Thrift Center, Mina’s does not enjoy the benefit of walking traffic or visibility from the busy, high-volume corridor between 41 and 75. Instead, word-of-mouth buzz and many rave reviews from newspaper critics seem to

U.S. in 1994 and applied their culinary talents to tenures in primarily Italian and Mediterranean kitchens. Helma, I learned later, had cooked at the dearly departed Cin Cin, where Stillwater Grille is open today. I wonder if it was she who devised the chorizo-stuffed grilled squid that became a fixation for me, served on top of a crispy, thin zucchini fritter and drizzled with, what - balsamic reduction? I can’t recall, and I couldn’t replicate it at home, though I tried.

A Monday night in the off-season offered four parties of tables plenty of room between themselves and plenty of time to peruse the wine list and extensive, yet easy-to-read, menu of appetizers, salads, entrees and desserts accented by Latin and Italian influences.

Owners Jose and Helma Benavides, originally of Ecuador, moved to the

30

RES GESTAE | JULY 2017

mushrooms, fresh tomatoes and tequila añejado, served with savory, slightly smoky red beans and yellow rice.

Marcy opted for the eggplant special.

She and I, we found out, adore the vegetable, but are equally careful to order it only when we feel the chef will have equal respect for the ingredient.

The lightly breaded slices of eggplant were fork-tender, piled high, and lightly drizzled with an herbed olive oil and

including some of the ribeye and skirt steak entrees. When in Rome, do as the Romans do. And when in Quito, skip breakfast or lunch and eat like an Ecuadorian. And you don’t even have to leave Fort Myers to do it. But please remember to finish with the tiramisu. RG

4391 Colonial Blvd #104 Fort Myers (239) 225-1139 www.minasbistro.com

Maybe it was the fig glaze that graces Mina’s cheese bruschetta, which dispenses with the traditional tomatoes and instead heaps on gorgonzola, ricotta and parmesan. Fig also adds a rounded flavor dimension to the pepos, a Latininspired sautéed treatment for a meat of your choice – chicken, veal or ribeye steak – smothered with onions, peppers,

Tiramasu

LUNCH Monday - Friday 11 a.m. – 3 p.m.

Saturday Noon – 3 p.m.

DINNER Monday - Thursday 4 – 9 p.m.

Friday & Saturday 4 – 10 p.m.

topped with mozzarella. We are both also equally enthusiastic about leftovers.

A side of pasta with marinara meant her box ferried at least two more meals’ worth home.

Ecuadorian roast pork served with rice, lettuce, tomato, onions and sweet plantains goes by the name hornado Ecuatoriano. Italian sausage and red and white clam sauce are among the large selection of Italian-inspired menu items. Many of the Latin specialties come topped with two fried eggs,

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.

Surveillance and Investigative Services Over 30 years of law enforcement experience and 20 years of private investigative experience

813.922.5451 FirstFloridaInvestigations.com

Mention this ad and receive 10% discount

contact@FirstFloridaInvestigations.com Serving the West Coast of Florida from Tampa to Naples

JULY 2017 | RES GESTAE

31

LCBA JUDGES CARE Hon. Janeice Martin

Honor Flight Naples, guardian World War II veterans are a national treasure that, while dwindling in number, personify the core values of our nation. The aptly named Honor Flight Network is a non-profit organization whose mission is: To transport America’s Veterans to Washington, D.C. to visit those memorials dedicated to honor the service and sacrifices of themselves and their friends.

A highlight of my life was serving as guardian for veteran Frank Lagonigro last year on a one-day trip from Naples to D.C., along with 70 other veterans and their guardians. Frank was stationed in Germany during the Korean War, where his group was sent to relieve some of the WWII troops.

We had a full day of touring the WWII Memorial, the Air Force Memorial, the Tomb of the Unknown Soldier (to see the Changing of the Guard), the Korean and Vietnam War Memorials, and the Marine Corps / Iwo Jima Memorial. Returning to Southwest Florida, we were greeted by more than 1,000 members of the community.

As a guardian, my job was to attend to anything Frank might need so he could comfortably enjoy his special day. I will never forget it, and am honored to now be friends with Frank and his wife. Learn more at www. honorflight.org.

Here to Help with Your Client’s Injury Case Handling All Injury Claims, Professional Malpractice, and Insurance Disability Co-Counsel or Consultations · Participation & Referral Fees Paid

EXCELLENCE IN ADVOCACY SINCE 1973

Personal Injury - Personal Attention 239.277.0005 www.GarvinLegal.com

Jeffrey R. Garvin

32

4280 Cleveland Avenue · Fort Myers, FL 33901

RES GESTAE | JULY 2017

Leland E. Garvin

OFFICE SUITE FOR LEASE Private onsite parking lot Located at 2125 First Street

(across from Starbucks and the Federal Courthouse, and adjacent to City of Fort Myers First Street Parking Garage)

Bruce Strayhorn • 2125 First Street, Suite 201, Fort Myers 239.334.1260 • bruce@strayhornlaw.com

Thinking Social Security Disability?

Think Kushner & Kushner.

Geraghty Mediation Patrick E. Geraghty Certified Civil Circuit Mediator-Dispute Resolutions

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

2121 West First Street • Fort Myers, Florida 33901

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

prime Downtown Cape Coral Location

Cape Coral, FL 33904

For More information please Contact

Member Florida Bar, Lee County Bar, Federal District Courts of the Middle and Southern Districts of Florida.

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

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

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

hal Eskin, Dixie Lee Ball or Janice Meredith at (239) 549-5551 or Email jsmere@comcast.net JULY 2017 | RES GESTAE

33

LCBA MEMBERS CARE Carolann Austin Swanson, Esq.

Bob Rauschenberg Gallery at FSW, docent chair Robert Rauschenberg was one the most influential artists of the last 100 years and probably the most inventive. He was the first American artist to win the international grand prize at the Venice Biennale in 1964. Bob lived and worked on Captiva for many years before passing away in 2008, and was a generous benefactor of the gallery that has held 17 of his exhibitions thus far.

Since 2015, I have been chair of the docents at the gallery. We are volunteer educators for visitors and help raise funds for Florida SouthWestern State College student scholarships. We also travel together to art events like Art Basel in Miami. Currently, the gallery is showing a collaborative work by Kalup Linkzy and James Franco (including video) about connections and family and how for many, life can seem like a soap opera. There are also two amazing billboards on Cleveland Avenue that are part of the exhibition.

For me, art almost always inspires an “ah ha” moment - a creativity booster shot if you will.

It helps keep the mind pliable and replenishes intellectual nourishment for complex problem solving. Come visit us - your brain will thank you! www.bobrauschenberggallery.com

Pictured above: Carolann with Jade Dellinger, gallery director Photos by Martha Delacruz

DONNA TISCH M E D IATIONS • ARBITRATIONS “We take an Active Role...

We Never Give Up!” Full-Time

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

Serving 20th and 12th Judicial Circuits plus Desoto, Hardee and Highlands Counties with no travel charge Schedule Mediations and Arbitrations Online at

DonnaTisch.com 239.826.3644 34

RES GESTAE | JULY 2017

Lawyer for Life Printing | Publishing | Mailing

PRECISE... PROMPT... PERFECT... PANTHER...

AR AW D

FINE STATIONERY

(239) 225-7911

G IN

RACK CARDS

NN

WI

POST CARDS

Barbara M. Pizzolato, Esq.  Over 28 years experience  Licensed to practice in New York, New Jersey, Connecticut, and Florida  Committed to establishing long-lasting relationships with her clients  Offers personalized, customized legal services that clients expect and deserve

12751 New Brittany Blvd. Suite 402 Fort Myers, FL 33907

CATALOGS

Naples Office by Appointment

MAGAZINES POCKET FOLDERS BROCHURES

Fort Myers 936.5050

MEMBER

Cape Coral 542.1050

Naples 643.9999

www.PantherPrinting.net

PIZZOLATOLAW.COM JULY 2017 | RES GESTAE

35

LCBA MEMBERS CARE Scot D. Goldberg, Esq.

Community Cooperative, volunteer Our firm has been involved with Community Cooperative (formerly CCMI) for over 10 years. Goldberg Noone’s attorneys and staff deliver Meals on Wheels every Thursday morning.

We pick up the meals and beverages in North Fort Myers, where the majority of our route’s residents live. We’ve had the same route for as long as we’ve been involved, so we have come to know our Meals friends very well. We receive holiday cards, thank-you notes and other greetings, and it warms our hearts that they remember us on occasions over the course of each year.

We’ll offer to take out the trash or some other little gesture, and people appreciate when we offer to do a little more than what’s expected. Depending on the season, we’ll visit between 10 and 15 homes, making sure our friends are safe, and their surroundings are secure.

In addition to Meals on Wheels, Community Cooperative, Inc. also operates community markets, mobile food pantries, educational and other programs developed to provide hope and well-being to Lee County residents of all ages.

Anyone can volunteer to do Meals on Wheels deliveries by calling (239) 337-1055 or contacting jen@communitycooperative.com. It only takes a short time to do the route, and you’ll be surprised at the amount of personal rewards you’ll get in return.

Goldberg employee Nikki Walton

Your

APPELLATE

GURU Local focus, statewide reach.

• Florida Bar Board Certified Appellate Practice • 12+ years’ experience with state & federal appeals

Christopher D. Donovan 239.213.3865 cdonovan@ralaw.com

• Former staff attorney for the Second DCA

With offices in Lee and Collier County.

RALAW.COM | ROETZEL & ANDRESS, A LEGAL PROFESSIONAL ASSOCIATION

36

RES GESTAE | JULY 2017

A FULL-SERVICE LAW FIRM SINCE 1924

With sensitive legal malpractice claims and grievance matters, we are the “lawyer’s lawyer.”

STANDARD Six-Day Transcript Delivery Serving SW Florida Lee • Collier • Charlotte Counties Depositions, Hearings & Mediations Courtsmart Transcription Conference Rooms Available For Mediation Realtime Free Wireless Access Videographers Video Text Sync At No Charge Interpreters

Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts www.MeritCourtReporting.net 239.481.1300 South Fort Myers ⋅ 6213 Presidential Court Suite 100 ⋅ Fort Myers, FL 33919 Downtown ⋅ 2022 Hendry Street Suite 104 ⋅ Fort Myers, FL 33901 Naples ⋅ 1415 Panther Lane Naples, FL 34109

Michael J. Corso Shareholder

Traci T. McKee Shareholder

HENDERSON FRANKLIN’S EXPERIENCE IN THE LEGAL MALPRACTICE DEFENSE FIELD enables us to confidently and competently defend Florida lawyers exposed to liability claims and disciplinary matters, including: • Professional Negligence

• Florida Bar Complaint Responses

• Breach of Fiduciary Duty • Grievance Committee Hearings • Conflict of Interest

• Referee proceedings

• Fraud

• Mediations of disciplinary proceedings

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples*

©2015 Henderson Franklin Starnes & Holt, P.A.

* By appointment only

JULY 2017 | RES GESTAE

37

Once meant for the in every patrol ca battlefield, advanced trauma care r. On eq in District Patrol ve ce meant for firefighters, breac uipment is now available hing tools are no hicles. Once mean w av breaching rounds to forcibly defeat t for SWAT, deputies now carry sh ailable locked doors. otgun We were in unch arted territory.

Deputies respond ed of the head by he to a shooting call where a woma n had been shot r husband. The hu in sb were able to not only breach the do and then turned the gun on him the back se or and get to the their lives. victims, but to sa lf. Deputies ve both of A deputy who wa s stabbed in the leg who applied a tou was saved by the rni when her life-threa quet. A woman in a severe crash actions of a fellow deputy on St tening bleeding wa a makeshift tourni s stopped by a de ate Road 82 was saved qu saving lives in ev et. All of this preparation for a ma puty that used a seatbelt as eryday situations ss shooting incide . nt ended up In late July, 2016 , around 12:30 on a Monday morning Department respo nd , victims succumbe ed to a mass shooting incident at the Fort Myers Police d Cl able to get to one to their injuries. With a shooter sti ub Blu. Two of (the 20) ll on the loose, ou of the victims to ap r de ply a tourniquet, stopping severe ble puty was The everyday ac eding. tions of the depu ties demonstrate that at the heart of it, at the Lee County Sheriff’s Office law enforcement save lives. officers are there continue to to help and to #KindLee, Lt. Scott Lineberg er Lee County Sheri ff’s Office Training Section

38

RES GESTAE | JULY 2017

The North Law Firm, P.A. Accident & Injury Attorneys

Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials Attorney Joe North

Maximum Referral Fees

Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases School Accidents Slip and Fall Accidents Settlements

Joe North has been helping Clients with Injury Cases and Death Cases for more than 25 years.

2915 Colonial Blvd., Suite 201 (in the Fifth Third Bank building) • TheNorthLawFirm.com

When your client is under investigation or concerned about being investigated, When your client has any Federal or State criminal charges of any crime,

Over 30 years of Experience in the Criminal Justice System Immediate Attention to Client - Skill - Results All Federal Criminal Offenses ◆ All State Criminal Offenses Drug Crimes ◆ Trafficking, Possession ◆ Prescription Drugs DUI ◆ Fraud Charges ◆ Firearm and Weapons Charges Identity Theft & Credit Card Crimes ◆ Crimes on Campus Elder Citizen Criminal Offenses ◆ Juvenile Offenses ◆ Misdemeanor Offenses Grand Theft ◆ Violent Crimes/Resisting Arrest ◆ Robbery & Burglary

1411 Bayview Ct.

◆

Fort Myers, Florida 33901

◆

239-362-3194

JULY 2017 | RES GESTAE

39

In The News Sarah E. Spector has joined the Fort Myers office of Roetzel & Andress as a partner in its real estate, banking and finance practice group. She focuses on community association law, where she assists condominium, cooperative and homeowners’ association clients with the management and operational aspects of governing their communities.

Spector represents clients in zoning and land use matters, including environmental resource and water use permitting, code compliance and various government agreements. Previously, she practiced land use, zoning and real estate law, working closely with federal, state and municipal agencies.

Suzanne Boy of Henderson, Franklin, Starnes & Holt, P.A. recently presented “The Hottest Employment Law Topics in 2017” at the RetNet Forum Spring Meeting in Napa, Calif. Boy updated attendees on topics such as several wage/hour issues, paid leave laws, LGBT protections, and the intersection of ADA/FMLA issues. She also offered tips for combating common issues that arise between employers and employees.

Boy concentrates her practice in employment law, assisting clients with all aspects of employmentrelated litigation, claims, and client counseling.

Jamie B. Schwinghamer has graduated from Class II of the Florida Fellows Institute of the American College of Trust and Estate Counsel (ACTEC). The Florida Fellows Institute was created by Florida ACTEC Fellows to develop the profession’s future leaders. ACTEC is a national organization of lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors.

A partner in the Naples office of Hahn Loeser & Parks LLP, Schwinghamer concentrates her practice in the areas of probate, trust, guardianship and complex commercial litigation.

Indera DeMine of DeMine Immigration Law Firm, P.A. recently joined more than 500 members of the American Immigration Lawyers Association (AILA) in Washington, D.C. for a national day of advocacy. DeMine was selected by AILA to meet with local representatives in Congress to advocate for comprehensive immigration reform. She was the only representative from Southwest Florida.

DeMine is a graduate of Ave Maria School of Law and is a solo practitioner focusing her practice in Immigration and Nationality law. She is a member of the Lee County Bar Association, Young Lawyers Division, Lee County Association of Women Lawyers and the American Immigration Lawyers Association.

M. Travis Hayes has joined Grant Fridkin Pearson, P.A. as a shareholder. He has practiced law in Southwest Florida since 2006 and focuses in estate planning, estate and trust administration, and probate and trust litigation. Hayes is a member of the Executive Council of the Real Property, Probate and Trust Law (RPPTL) Section of The Florida Bar, and serves as the vice chair of the RRPTL Probate Law and Procedure Committee, the RPPTL Legislation Committee, and the RPPTL Digital Assets and Information Study Committee. He is also the co-chair of the Probate Rules Committee for The Florida Bar and a Fellow of the American College of Trust and Estate Counsel.

Goldberg Noone, LLC, has named Sheba R. Abraham as partner. Previously an associate attorney at the firm, she focuses on complex civil litigation involving personal injury, wrongful death, negligent security and premises liability.

Previously, Abraham clerked for the Honorable Devin P. Cohen of the New York City Civil Court, completed an externship with the Corporate Office of the General Counsel for Adventist Health System, and worked as a financial analyst for Siemens Energy. While pursuing her legal education at the University of Florida, Abraham was a member of the nationally distinguished Tax Moot Court.

40

RES GESTAE | JULY 2017

In The News Pavese Law Firm partner Christina Harris Schwinn recently spoke at the Evolutionary Women Entrepreneurs: Knowledge Circle panel discussion hosted by Florida Small Business Development Network and coordinated by FGCU. Schwinn, whose practice area includes labor and employment law, discussed employment matters for businesses conducting business in Florida.

Schwinn’s practice areas include employment law, business transactions, community association law and real estate law. Schwinn is an accomplished public speaker and regularly writes articles that have been published both locally and nationally in a variety of publications.

Jeanne L. Seewald of Hahn Loeser & Parks has received the 2017 Greater Naples Chamber of Commerce Chairman’s Award in recognition for her outstanding service to the Chamber and Naples’ business community.

Current chamber Chairman Dan Lavender, CEO of Moorings Park Institute, Inc., chose Seewald, chair of the chamber’s Bylaws and Documents Committee, for her multi-year work on updating the bylaws for the chamber’s three operating organizations (The Greater Naples Chamber, Inc., the Partnership for Collier’s Future Economy, Inc. and Leadership Collier Foundation, Inc.).

See more LCBA members in the news at www.leebar.org/in-the-news, and remember to send us your news at resgestae@leebar.org.

JULY 2017 | RES GESTAE

41

Partnering with Florida Businesses in the Courtroom With a depth of more than 150 litigators across 17 offices, we partner with you to develop a case strategy with your business interests in mind. From settlement negotiations and mediations to routine business disputes and complex litigation, we’ve got you covered.

A national business law firm offering legal and legislative know-how from the boardroom to the courtroom.

Meet our Fort Myers Litigation Team

Joe Coleman

Mark Anderson

Florida Supreme Court Certified Mediator AV® Preeminent Rated, Martindale-Hubbell’s Peer Review Ratings

Bill Dillon

AV® Preeminent Rated, MartindaleHubbell’s Peer Review Ratings Judicial Clerk to the Hon. John E. Steele, U.S. District Court for the Middle District of Florida (2001 – 2003)

David Potter

Florida Super Lawyers Rising Star Gulfshore Business magazine’s Forty-Under-40 (2015)

Jarred Duke

AV® Preeminent Rated, MartindaleHubbell’s Peer Review Ratings Judicial Clerk to the Hon. John E. Steele, U.S. District Court for the Middle District of Florida (2003 – 2004)

Former legal intern with the United States Attorney’s Office for the Southern District of New York

2235 FIRST STREET • FORT MYERS, FL 33901 California | Delaware | Florida | New Jersey | New York | North Carolina | Pennsylvania | Virginia | Washington, DC | BIPC.com

SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.

Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client.

All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney.

“Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office

JoeViacaVaLaw.com Main (239) 288-5969 • Cell (239) 410-8292 • Fax (239) 288-5572 Available 24/7 - “calls are put directly through to me, not an associate” Calls accepted ANYTIME from ANYPLACE TROUBLE may be found.

2036 McGregor Boulevard • Fort Myers, FL 33901

PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

WE MA K E BA N K IN G AB O U T Y O U !

“WE DON’T DISCARD TRADITION. WE

reinvent it. ”

— Robbie Roepstorff, President (pictured with Dave DuVall, Chairman, left and Geoff Roepstorff, CEO, right)

Like Thomas Edison,

we believe there is always “a better way.“ We take the foundations of good banking – personalized services, meaningful relationships, and a smile with each handshake – and we build upon them to create innovative banking solutions for modern users.

That’s reinventing tradition.

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

Our customers enjoy:

•

free online banking and free bill pay

• residential mortgage •

loans access to their funds at no charge at any Publix® Presto! ATM

Business clients appreciate:

• courier services • cash •

management services business loans

• mobile banking

For our convenient locations and services provided, please visit

www.EdisonNationalBank.com

or call 239.466.1800

An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.