Res Gestae - April 2018

APRIL 2018

WIN-WIN

How alternative sentencing is changing lives in Lee County

LAW WEEK'S 25TH YEAR

The people behind the tradition

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

Our Copy Lady team is proud to sponsor the Lee County Bar Association Law Week events. We are especially proud of all the judges and attorneys who volunteer their time so graciously to recognize Law Enforcement Officers and provide Pro-Bono services.

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President, Cynthia Duff, President

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Contents

features

AD DIRECTORY

20 Law Week hits milestone

Service at core of tradition in 25th year

by Chuck Myron

24 Sheriff's Office, United

Way partner on alternative sentencing

by Chuck Myron

Day Work program helps com- munity members in need

20

departments 6

Letter from the President

by Dan Endrizal, Esq.

8 Letter from the Executive Director

by Lisa Poulin

9

In Memoriam

24

Miguel C. Fernandez III, Esq.

10 Calendar of Events 12

Ethically Speaking

by Henry Lee Paul, Esq.

14

Practice Section

Solo & Small Firm

by Shaina Zuppke, Esq. and Maria Berrette, Esq.

16

YLD Spotlight

by Joel Hyatt, Esq.

18

18 Legal Lens

LCBA Past Presidents Luncheon

27 New Members 28 #KindLee Community Spotlight 30 The Dish

Traders 2

32 LCBA Judges Spotlight

34 LCBA Members Spotlight

Kelly L. Fayer, Esq.

36 In The News 4

30

Hon. Jack Weiss

RES GESTAE  | April 2018

On the cover: Hon. John S. Carlin and Judicial Assistant Joanne Atkins Photo credit: Jim Jett Photography

Ave Maria School of Law 7 Bounds Law Group 13 Brad Jessen, Edward Jones 37 Business Observer 35 Calvo & Calvo Attorneys at Law 9 Copy IT 15 CopyLady IFC DeMine Immigration Law Firm 19 Denise Kennedy 33 Donna Tisch 13 Edison National Bank BC FineMark National Bank 11 First Florida Investigations 29 Fort Myers Court Reporting 38 Garvin Law Firm 34 Get Smart Bail Bonds 35 Henderson, Franklin, Starnes & Holt, P.A. 37 Hotel Indigo 29 Joe Viacava Law IBC Joshua Tree Counseling 33 Kushner & Kushner Attorneys 27 Laura Streyffeler, PhD 36 Law Firm of Scott T. Moorey 27 Law Offices of Dennis L. Webb 17 Law Offices of Kevin Jursinski 26 Lee County Legal Aid Society 15 Leonard P. Reina 37 Leslea Ellis, LLC 23 Livingston Loeffler, P.A. 19 Lutz, Bobo & Telfair 27 McHale, P.A. 29 Merit Court Reporting, Inc. 15 Musca Law Office, Inc. 3 Panther Printing 35 Real Estate Advisory Services, LLC 17 Roetzel & Andress 19 Sheldon E. Finman, P.A. 11 Simon M. Harrison 17 Spivey Law Firm, P.A. 5 The North Law Firm, P.A. 32 Total QuickBooks Solutions 22 Veranda Restaurant 9 Von Ahn & Associates 28 William DeForest Thompson Jr., LLC 23

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

Corrections in the March issue of Res Gestae: Page 18, photo 4 Shaina Zuppke, and photo 5 Leilani Martinez were misspelled. Page 28, the caption for photo No. 4 should have read Marcy Shaw, Esq.

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Letter from the president I want to thank everyone for making the LCBA Shrimp Boil and Bar-B-Q a success. While this was the first Shrimp Boil and Bar-B-Q, we had a great turnout at the Alliance for the Arts when it took place March 24. Due to the high quality of the event, the competition between surf and turf ended as a draw.

We held the Past Presidents Luncheon on March 2, and we had a great turnout for that, too. Former LCBA presidents from 1955 (Frank Pavese) all the way to 2017 (Kelly Fayer) were in attendance. I queried a few of them about why they became bar president, and I asked others to name their biggest challenge and tell us how they handled it. We can learn a lot from their wisdom.

Seeing them brought to mind my very first case, when I introduced myself to the court and the judge asked, “Endrizal, are you related to the dentist?” I replied, “He’s an orthodontist, your honor.” I thought, “Just great, my first time in front of a judge and I correct him!”

I have much fonder memories of Law Week, which will be held this month for the 25th time. The Hon. John S. Carlin and his Judicial Assistant, Joanne Atkins, deserve the highest of praise for orchestrating Law Week all 25 of those years. It’s a remarkable accomplishment. I’d also like to thank Law Week Committee members Luis Rivera, who is overseeing the blood drive, and Ryan O’Halloran, the coordinator for Law in the Mall, for their tireless contributions to make this year’s Law Week a true landmark event.

Since there’s so much history involved with the LCBA this month, I’ll close with a little-known fact: When the Florida Supreme Court building was built in the late 1940s, several unusual items were placed inside the cornerstone. Among them still inside the cornerstone is a photograph of a Chief from the Seminole Tribe of Florida playing golf in full regalia at the Fort Myers Country Club.

Daniel J. Endrizal III, Esq. Daniel.Endrizal@earthlink.net | 239.728.8555

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RES GESTAE | April 2018

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

Executive Director ~ Lisa Poulin Administrative Assistant ~ Savannah Schlosser

EXECUTIVE COUNCIL

President ~ Daniel J. Endrizal III, Esq. Vice President ~ John Webb, Esq. Secretary ~ Blake Hampton, Esq. Treasurer ~ Matt Roepstorff, Esq. Board Members: Kathleen Smith, Esq. • Tiffany Pereira, Esq. Alina Gonzalez-Dockery, Esq. President Emeritus ~ Kelly L. Fayer, Esq. YLD President ~ Joel Hyatt, Esq.

COMMITTEE CHAIRS Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin Mock Trial Shaina Zuppke, Esq. & Maria Berrette, Esq. Pro Bono Hon. Kathy Sturgis Annual Charity Golf Tournament Shannon Puopolo, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & R. Noelle Branning, Esq. #KindLee Amanda Bartley, Esq. & Kelly L. Fayer, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Alex Brockmeyer, Esq. & Matthew Irwin, Esq. Criminal Law Marisa Boysen, Esq. & Leah Harwood, Esq. Elder Law Blake Hampton, Esq. & Amy McGarry, Esq. Family Law Magistrate Gilberto Perez & Kati Calvo, 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. Solo & Small Firm Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.

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April 2018 | RES GESTAE

7

Letter from the executive director It’s an exciting time to be an LCBA member. We’ve been very busy coordinating events and connecting members with resources. I am dedicating my letter this month to all the wonderful benefits of membership: Membership Functions - We hold a wide variety of events and social functions throughout the year, including our monthly membership luncheons, after-hours socials, golf tournaments, the Annual Bench/Bar Gala, the holiday party and Law Week.

Res Gestae - Members receive a free subscription and can run ads in the magazine at a discounted rate.

Website - We provide a public membership directory, events calendar, job bank, Continuing Legal Education opportunities and links to more resources.

Continuing Legal Education - We sponsor live CLE seminars throughout the year. We also offer an extensive library of CLE and Continuing Mediation Education credit courses for free.

Special Rate/Coupons - Members receive special rates for CopyLady, CONRIC PR & Marketing, Hotel Indigo, Extraordinary Events, Clever Promotional Products and Imagine by Carleen. They also get 20 percent off services at Creative Computer Solutions, 10 percent off tickets to Sidney & Berne Davis Art Center events, a complimentary one-hour review from Information Network and four complimentary hours of conference room time at Premier Executive Center.

Lawyer Referral Service - This service helps members build their client base and assist people across Lee County.

Weekly E-Newsletter - Members get the latest Court and Clerk’s office news, updates on events, and more.

Practice Sections & Committees - We provide a wide array of ways to participate. Whether you choose a law section or a community project, you’re getting a great way to network, assist others and build relationships.

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

239.334.0047 resgestae@leebar.org

Staff PUBLISHER

Connie Ramos-Williams 239.690.9840

EDITOR-IN-LAW Kelly L. Fayer, Esq.

MANAGING EDITOR Chuck Myron

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR Linda Fiore

239.690.9840

FEATURE WRITER Chuck Myron

CONTRIBUTING WRITERS Daniel Endrizal, Esq. Lisa Poulin Henry Lee Paul, Esq. Shaina Zuppke, Esq. Maria Berrette, Esq. Joel Hyatt, Esq. Chelle Koster Walton

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

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 we 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© 2018 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.

If you have any questions, please call me or stop by the office on 2077 First St. in Fort Myers. I am always here to help.

Lisa Poulin, Executive Director LPoulin@leebar.org | 239.334.0047

8

RES GESTAE | April 2018

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IN MEMORIAM MIGUEL C. FERNANDEZ III, ESQ.

On March 21, the Lee County Bar Association lost a very special member in Miguel C. Fernandez III, Esq. Close to 30 years ago, Miguel came to Fort Myers to begin his legal career as an assistant state attorney. Since 1990, he maintained a general trial practice. He was President of the LCBA in 2005, Past President of the Lee County Legal Aid Society and Past Chair of the 20th Judicial Circuit Court Grievance Committee. He served as a member of the Second District Court of Appeals Judicial Nominating Committee and as a member of numerous state and local bar committees, including #KindLee. In addition to his professional accomplishments, he volunteered his time and resources to the Teen Court Project, mock trial competitions, and The Florida Bar Justice Teaching Program. He was also on the board of several charitable organizations, including Habitat for Humanity, the Edison Festival of Light and the Southwest Florida Council of the Boy Scouts of America.

In 2016, Miguel received the Decorum Award at the LCBA Bench Bar Gala.

If you ever asked Miguel what he was most proud of, he would tell you it was his three daughters, Desiree, Mariah, and Gabrielle.

Along with his high school sweetheart, Denise, he raised them to be accomplished young women who provide continuous support to their family.

Our thoughts and prayers are with those Miguel loved so dearly. RG

“We appreciate the consistency they have continued to deliver again and again.”

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April 2018 | RES GESTAE

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calendar of events Some dates for 2018 Section Meetings have not been confirmed - Check leebar.org for details!

Check out a full list of Law Week events (in blue) on Page 21

May 6th

April 6

Noon – 1:00 p.m., The Barrel Room, 2214 Bay St. All attorneys under age 35, or in their first five years of practice are invited to attend.

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., The Barrel Room, 2214 Bay St. All attorneys under age 35, or in their first five years of practice, are invited to attend.

April 13th

The Family Law Section Brown Bag Lunch

Young Lawyers Division Monthly Lunch Meeting

May 9th

General Civil & Business Litigation Practice Section Brown Bag Lunch

Noon – 1:00 p.m., Lee County Justice Center, Courtroom 4R, 1700 Monroe St. Topic: Incapacity. Speaker: Dr. Susan Cassidy, MD/JD. More information and registration, please visit leebar.org/ events/calendar.

Noon – 1:00 p.m., Lee County Justice Center, Hearing room 4-H, 1700 Monroe St. Topic: Intellectual Property Basics. Presenters: Carlos Kelly, Esq. and Mark Nieds, Esq. A one-hour CLE credit is pending. More information and registration, please visit leebar.org/ events/calendar.

April 28

May 17th

Law in the Mall

10 a.m.-2 p.m., Edison Mall.

April 30

Law Week Blood Drive

8 a.m-3 p.m., Lee Health Blood Mobile, southeast corner of Monroe St. and Dr. Martin Luther King Jr. Blvd.

May 2nd

Alternative Dispute Resolution Practice Section Brown Bag Lunch

Noon – 1:00 p.m., Lee County Justice Center, Hearing room 4-O, 1700 Monroe St. Topic: Alexa, Help Me Improve My mediations: Mediator’s Ethics in technology in the 21st Century. Presenter: Stephanie Prado, M.A., Florida Certified Mediator. A one-hour CLE on ethical dilemmas associated with the use of technology in mediation. More information and registration, please visit leebar.org/ events/calendar.

The Family Law Section Brown Bag Lunch

May 4

Law Week Awards Luncheon

11:30 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St.

May 10

Criminal Law Practice Section Lunch Meeting Noon-1 p.m., The Barrel Room, 2214 Bay St.

May 19

LCBA Foundation Charity Golf Tournament 7:30 a.m. registration, The Plantation Golf & Country Club, 10500 Dartington Drive, Fort Myers.

June 1

Young Lawyers Division Monthly Lunch Meeting

11:45a.m. – 1:00 p.m., Lee County Justice Center, Courtroom 5C, 1700 Monroe St. More information and registration, please visit leebar.org/ events/calendar.

Noon-1 p.m., The Barrel Room, 2214 Bay St., Fort Myers. All attorneys under age 35, or in their first five years of practice, are invited to attend.

April 19

Family Law Section Brown Bag Lunch

Family Law Section Brown Bag Lunch 11:45 a.m.-1 p.m., Lee County Justice Center, Courtroom 5C, 1700 Monroe St. For more information and registration, please visit leebar.org.

May 3

The Bar and Judiciary Appreciation Reception

4-5 p.m., cocktail hour, 5-7 p.m. reception, Edison Restaurant, Bar & Banquet Center, 3583 McGregor Blvd.

June 21

11:45 a.m.-1 p.m., Lee County Justice Center, Courtroom 5C, 1700 Monroe St., Fort Myers. For more information and registration, please visit leebar.org.

June 22

LCBA Diversity Luncheon

Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. The cost is $25 for members and $35 nonmembers. Judges may attend for free.

Please register at leebar.org/events/ calendar.

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 2018

10

RES GESTAE | April 2018

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April 2018 | RES GESTAE

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Ethically speaking

BY HENRY LEE PAUL, ESQ.

Miami Lakes lawyer disbarred over some of the most unprofessional conduct ever

R

obert Joseph Ratiner made an unforgettable impression on opposing counsel, judges, and witnesses he encountered in his litigation practice.

Unfortunately for all, it was an impression of a lawyer who blazed a path of discord and mayhem.

The conduct of Ratiner was judged to be among the most unprofessional ever encountered in the history of discipline imposed by the Florida Supreme Court. Ratiner was disbarred in an opinion issued on Feb. 22.

Ratiner first gained notoriety for his conduct in a videotaped deposition taken in 2007. His tirade against opposing counsel was so abusive that the Supreme Court called it “an embarrassment to all members of The Florida Bar.” The Court further suggested the video should be shown in professionalism courses “… as a glaring example of how not to conduct oneself in a legal proceeding.”

Ratiner engaged in an unmitigated torrent of unprofessional conduct in protracted litigation against DuPont involving claims related to Benlate, a garden spray the chemical maker produced. The second disciplinary proceeding against Ratiner involved a 2009 document review of materials made available by DuPont. During the review, Ratiner called opposing female counsel a “dominatrix” and grabbed documents in her hand. He later referred to a DuPont paralegal as that “sniveling, sick thing.”

The referee described Ratiner’s conduct as disrespectful to women in general and as “unprofessional, abusive, bullying and intimidating behavior.” A security guard was called in to keep the peace and a video camera was installed to make a record of the misconduct.

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RES GESTAE | April 2018

The third and final disciplinary case against Ratiner involved a 2011 post-trial hearing. During the proceeding, he was heard by the trial judge to mutter “lie, lie, lie” during the testimony of a witness. He started kicking his table loudly and crinkled, wrinkled and threw paper in a manner that clearly disrupted the proceedings. Ratiner later exceeded the agreed-upon time to present his closing argument and defied the judge’s admonition to conclude his remarks.

In the second disciplinary case, the referee cited the civility provision of the Oath of Admission to the Florida Bar, the Florida Bar’s Creed of Professionalism and a case titled “In re Code for Resolving Professionalism Complaints,” 116 So. 3d 280 (Fla. 2013). The Court, in the opinion disbarring Ratiner, has again made it clear that unprofessional conduct will not be tolerated. Professional conduct used to be aspirational. It is now a requirement in a profession that can only survive if civility is maintained.

As stated by the referee, Ratiner’s “desire to fight injustice cannot in any way justify his violations of the Rules Regulating The Florida Bar and his duties to the public good and the judicial system.” The referee poignantly quoted Justice Anthony Kennedy in observing that, “Freedom may be born in protest, but it survives in civility.” ⚖

Henry Lee Paul is a former Bar Counsel for the Florida Bar 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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April 2018 | RES GESTAE

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SOLO & SMALL FIRM PRACTICE SECTION

BY SHAINA ZUPPKE, ESQ. AND MARIA BERRETTE, ESQ.

Financial well-being key to solo, small firm success firm, and to balance them with your legal responsibilities and duties to your clients.

Here were the takeaways from the presentation: Find an accountant whom you trust. It’s important to develop a working relationship with your accountant. This is vital for the well-established firm, new firm, and the person thinking about starting a firm. Your accountant will be the person who helps determine how your firm is structured for tax purposes, gives guidance on your financial goals and advises you when problems arise.

S

uccess of a small firm can be measured in so many ways. One of the easiest and most common ways is through finances. This month’s Solo & Small Firm Practice Section meeting focused on finances and taxes with guest speaker Carrie Kane of Total Quickbooks Solutions LLC. Her presentation included tips for managing your firm’s books and an introduction to Quickbooks.

As small business entrepreneurs and attorneys, managing finances can be the hardest part of running your firm.

Billing clients, collecting money, balancing the books and paying bills are all part of the fiscal process. Each of these responsibilities carries a certain level of stress. The solo or small firm owner often falls in one of two categories when it comes to finances: the hands-on owner and the hands-off owner.

There are positives and negatives for both types. The handson owner wants to know and control every aspect of the business. They can get bogged down in the details, and that can take away from clients. The hands-off owner wants to find someone to handle the running of the business. This can make it difficult to understand the bottom line. The reality is we must be somewhere in between. It is extremely important to understand the management and financial parts of your

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RES GESTAE | April 2018

Find a record-keeping system that will fit your needs. There is no one system that can do it all. You may need to have both a case management system and a bookkeeping system. Most of the systems integrate with each other for seamless records.

Determine whether you are keeping a balance between the daily business administration work and your duties to your clients. Educate yourself on the system you have in place so you can manage your accounts or understand the work people are doing for you.

Remember, flexibility is the key. Your firm is in constant motion. It is your responsibility to make changes that reflect the status of market, the types of cases you take on and the differences in the client’s needs.

Run financial reports on a regular basis through your management system. Make the changes necessary to keep your finances in check.

The Solo & Small Firm Practice Section is dedicated to building programming and networking support for fellow solo and small firm owners. Please look for future events and workshops. ⚖ Shaina Zuppke, Esq. and Maria Berrette, Esq. are owners of the small firm Berrette & Zuppke Attorneys at Law LLC, which focuses on family and dependency law. Both graduated from Ave Maria School of Law in Naples. Zuppke previously worked with the Office of Criminal and Civil Regional Conflict and Berrette worked as a prosecutor at the state attorney’s office.

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April 2018 | RES GESTAE

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YLD spotlight

BY JOEL HYATT, ESQ.

Literacy initiative nets $1,600 grant T

he year is off to a great start for the Lee County Bar Association Young Lawyers Division. The Florida Bar Young Lawyers Division awarded the LCBA YLD more than $1,600 in grant funding for its Literacy Initiative program, a yearlong project focused on inspiring disadvantaged area children to enhance their reading, writing and communication skills.

Center can be overwhelming for new lawyers, so this event features an in-depth tour of the Lee County Justice Center, covering everything from going through security to recording a document in the public records. The tour will be followed by a happy hour in which new lawyers can ask fellow young lawyers questions they may not feel comfortable asking a boss or superior.

All of the grant will be used to purchase books for early learners and classrooms across Southwest Florida. The award was in response to the grant application that LCBA YLD President Joel Hyatt and Treasurer Shirlarian Williams presented in January at the Florida Bar Young Lawyer’s Division Affiliate Outreach Conference.

The LCBA YLD also was awarded a $1,000 grant for two of its signature events — Holidays in July and A Day at the Courthouse. Thank you to the Florida Bar YLD for its ongoing support of the LCBA YLD’s programs!

In February, the LCBA YLD fielded a team for Harry Chapin Food Bank of Southwest Florida’s WINK Feeds Families Hunger Walk. The LCBA YLD’s participation was recognized statewide by the Florida Bar YLD, who wrote that they are “[s]o proud of our Lee County YLD for supporting this great cause.”

The Florida Bar YLD also featured the LCBA YLD on social media for its February general membership meeting, where local YLD Board of Governors representative John Miller presented resources available from the Florida Bar YLD to area young lawyers (pictured).

April is another busy month for the LCBA YLD. Please join us for our general membership meeting from noon to 1 p.m.

Friday, April 6 at The Barrel Room on 2214 Bay St. in Fort Myers, featuring guest speaker Magistrate Carolyn Swift.

On Monday, April 9, the LCBA YLD executive board is participating in the Ave Maria School of Law Professional Networking Association Expo. This event focuses on teaching law students how to build a network through participation in professional associations. The executive board will serve as panelists and discuss with law students the benefits of becoming involved in the Bar Association.

Also in April, the LCBA YLD will hold its second annual Day at the Courthouse. Navigating the Lee County Justice

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RES GESTAE | April 2018

YLD Board of Governors representative John Miller speaks during the LCBA YLD's general membership meeting in February.

For additional details on the LCBA YLD and our upcoming events, please like and follow us on Facebook at https:// www.facebook.com/LeeBarYLD/ and e-mail jhyatt@ hahnlaw.com to be added to our email list. ⚖

Joel W. Hyatt is an associate in Hahn Loeser & Parks LLP’s Fort Myers office. Joel concentrates his practice in the areas of commercial, construction, real estate and community association litigation.

Prior to practicing law, Joel taught English at Immokalee High School. In addition to serving as President of the LCBA YLD, Joel serves on the Twentieth Judicial Circuit Pro Bono Committee.

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legal lens

LCBA Past President's Luncheon The LCBA honored its history on March 2 as leaders dating back decades gathered for the annual Past Presidents Luncheon at the Sidney & Berne Davis Art Center in Fort Myers. Sitting LCBA President Dan Endrizal encouraged them all to share their wisdom in an engaging back-andforth that included a brief history lesson on the formation of the LCBA from Frank Pavese, who served as the first president in 1955.

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3

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1. J. Tom Smoot III, Frank Pavese 2. Hon. Jack Weiss, Buddy Hume 3. Denise Wright, Hon. Tara Paluck, Hon. Devin George 4. Alexander Howell, Dillion McColgan, Shannon Puopolo, John Agnew 5. Hon. Lee Schreiber, Anne Dalton, Hon. Josephine Gagliardi 6. Kelly Fayer, Dan Endrizal 7. LCBA Past Presidents

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RES GESTAE  | April 2018

Photos courtesy of Jim Jett Photography

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Law Week hits milestone

Photos courtesy of Jim Jett Photography

Service at core of tradition in 25th year

N

o more rigorous test exists than the test of time.

It weeds out the passing fads, mediocre ideas and loose connections. Only the most worthwhile institutions endure.

So it is a testament to the brilliance of Law Week that this year will be the 25th annual reflection on, and celebration of, the law. It is perhaps of even greater consequence that the same two people — the Hon. John S. Carlin and Judicial Assistant Joanne Atkins — remain the prime movers behind it.

“I can’t believe how fast the time has gone by,” Atkins said.

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RES GESTAE | April 2018

Carlin, who has chaired Law Week since it began in 1994, remains passionate about Law Week and its mission of community service and education. And he’s quick to point out that it takes an entire team to see that the event continues to meet those goals, with Atkins and attorneys Ryan O’Halloran and Luis Rivera making up the Law Week committee, along with LCBA President Dan Endrizal.

Their work represents the Lee County Bar Association’s willingness to go the extra mile. It’s an extension of Law Day, a national day of recognition that is celebrating an anniversary of its own. It was 60 years ago, in 1958, that President Dwight Eisenhower proclaimed the first Law Day, and it’s been observed May 1 each year since to mark the importance of the rule of law.

Bar associations across the country take the day to provide educational outreach, speakers series and other community functions, but few such events have the breadth of offerings that Carlin and his team always put together. Carlin touches on some of them in a statement he released last month: “This year is the 25th Anniversary for the celebration of Law Week by the Lee County Bar Association. With substantial support from my Judicial Assistant, Joanne Atkins, I have had the honor of serving as Chairperson for Law Week for these past 25 years. Law Week presents an opportunity for the Lee County Bar Association members to give back to our community with a variety of service projects. Recognizing the importance of pro bono legal services, Law Week includes Law in the Mall, where lawyers provide free legal advice at the Edison Mall to members of our community. High school students are invited to the Lee County Justice Center to watch oral arguments heard by the Second District Court of Appeals as well as participate in a question-and-answer session with the Judges from the DCA. The last event of Law Week is the Law Week Awards Luncheon, which honors a Teacher of the Year for LawRelated Education, as well as Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff ’s Office. The luncheon is also when the prestigious Liberty Bell Award is presented to a deserving member of our community. Every year past winners are invited back to the luncheon to be recognized and appreciated. I am very proud of the community service that the Lee County Bar Association members provide to our community during Law Week and throughout the year.

I look forward to another successful Law Week.” ⚖ Photo opposite page: Ryan O'Halloran, Esq., LCBA President Dan Endrizal, Esq., Hon. John S. Carlin, Judicial Assistant Joanne Atkins, Luis Rivera, Esq.

LAW WEEK EVENTS Hon. John S. Carlin, Law Week chairperson, would like to personally thank all the attorneys who are volunteering their time to ensure another successful Law Week in Lee County. If there are any activities that you would like to participate in, please contact Carlin, his Judicial Assistant Joanne Atkins, or Law Week Committee members Luis Rivera and Ryan O’Halloran.

April 28

Law in the Mall

10 a.m.-2 p.m., Edison Mall, Fort Myers. Contact event coordinator Ryan O’Halloran at 239-334-7212 or ryan@ohalloranfamilylaw.com.

April 30

Law Week Blood Drive

8 a.m-3 p.m., Lee Health Blood Mobile, southeast corner of Monroe St. and Dr. Martin Luther King Jr. Blvd., Fort Myers.

Contact event coordinator Luis Rivera at 239-344-1323 or luis.rivera@henlaw.com.

May 3

The Bar and Judiciary Appreciation Reception 4-5 p.m., cocktail hour, 5-7 p.m. reception, Edison Restaurant, Bar & Banquet Center, 3583 McGregor Blvd., Fort Myers. Cost is $20 for Lee County Association for Women Lawyers members and $25 for non-members and covers compliementary beer, wine and hors d’oeuvres during the cocktail hour. Judges are admitted for free. RSVP to Dawn Jezik at ddj@blslawyers.com.

May 4

Second DCA Oral Arguments and Students’ Q&A with Second District Court Judges

8:30 a.m., courtroom TBA, Lee County Justice Center, 1700 Monroe St.

May 4

Law Week Awards Luncheon

11:30 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St. Awards include Law Enforcement Officers of the Year for Fort Myers, Cape Coral, Sanibel and Lee County; the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education; and the prestigious Liberty Bell Award, the highest honor the LCBA bestows.

Cost is $25 for LCBA members and $35 for non-members. Judges are admitted for free. RSVP and pay online at www.leebar.org or call 239-334-0047.

April 2018 | RES GESTAE

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special feature

Photos courtesy of Jim Jett Photography

BY CHUCK MYRON

ALTERNATIVE SENTENCING

Sheriff’s Office partners with United Way Day Work program helps community members in need

L

ife had become a nightmare for Dorrell Mitchell.

Hurricane Irma brought a foot of floodwater into his house on Highland Circle in Fort Myers, forcing him, his pregnant wife and his mother-in-law to live in a shelter set up in a church annex.

Mitchell’s wife, Nita, was enduring a complicated pregnancy and nearly suffered a miscarriage. His mother-in-law, Jeannette Elliott, had suffered a stroke that made it a Herculean task for her to walk the 195 steps between her room at the shelter and the nearest bathroom. Showers were even farther away — across the street. The misery stretched on for months as Mitchell struggled to pay for repairs, since he didn’t have flood insurance.

“All our furniture, appliances, anything that you can think of had to be replaced,” Mitchell said. “… We lost everything.”

He picked up work detailing cars and doing pest control to supplement his income as the head custodian at Cypress Lake Middle School, but it kept him away from his 8-year-old son, Darrian.

It was just days before Christmas, and weeks before the baby was due, when local United Way executive Hannah Pelle found out about Mitchell’s situation and marshaled her resources.

“It was all hands-on deck to try to get them back into their home,” Pelle said.

This year, Pelle had a new way to help. The United Way began partnering with the Lee County Sheriff ’s Office Day Work program soon after Irma, using offenders who were given non-traditional sentences to perform hands-on tasks that directly benefit the community.

Deputy First Class Deana Rozanski, one of the officers assigned to the program, found offenders with experience in painting, roofing and the other skills

Photo opposite page: The collaboration of the Lee County Sheriff's Office with the United Way of Lee, Hendry, Glades and Okeechobee Counties has taken an alternative sentencing program to a new level. Maj. Scott Hall (at left), United Way Director of Allocations and Community Planning Hannah Pelle, Capt. Scott Brock and Col. Thomas Eberhardt all rave about its effectiveness, calling it a "win-win."

necessary to get the house in shape. In a single day, they made it possible for Mitchell and his family to move back in.

The recovery process continues for the Mitchells, but when they celebrated Christmas and welcomed baby boy Dorrien, they had a place to call home. Now Pelle, Rozanski and other members of the sheriff ’s office want to use the Day Work program to help more people like Mitchell.

“It’s just had a ripple effect,” Deputy First Class John Park said. “It’s been tried and tested and shown that this program is effective.”

It began in 2006 out of a joint effort between the 20th Judicial Circuit, judges, attorneys and the Lee County Probation Department. The initial goal was to address a critical jail overcrowding problem — the county had 2,500 inmates and 1,633 beds. The program assigned offenders who were given a county probationary sentence for misdemeanors and other nonviolent crimes to two days a week of work details, like picking up roadside trash, instead of jail time.

The initiative has saved the sheriff ’s office about $12 million since it began, said Col. Thomas Eberhardt, the commander for the sheriff ’s office compound on Ortiz Avenue where the program is headquartered.

The types of labor have expanded from simple trash pickup to more engaging work that shows offenders how they can make a positive impact instead of a negative one, said Capt. Scott Brock, who oversees the program along with Lt. Lisa Burch.

“A lot of them wouldn’t be involved in anything like this,” Brock said. “They wouldn’t know how the United Way works. Now they get to see it. They get some insight. It helps everybody. Everybody involved benefits from the program.”

Some who have completed their sentences through the program have even gone back to the United Way and asked to volunteer.

“I always let them know that they’re making a difference, and that every item that they touch is going to go to help somebody,” Pelle said.

It helps drive home the point when the offenders can see the effect of the work they’ve done, and that’s exactly what happened for those who worked on Mitchell’s home, Rozanski said.

“The guys that I had out there, they were just so willing to help this man,” she said. “People feel so useful when they actually see what they’re helping.”

April 2018 | RES GESTAE

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It has a similar effect on officer morale.

“For me personally, it is tremendously more rewarding than working in the facility,” said Deputy First Class Curtis Sanders. “You have way more personal interaction with the offenders. You’re able to assist so many different agencies in the county with making a difference in their day-to-day operation. So, instead of me handing a tray to a guy and he goes and lays down on his bunk, not accomplishing anything for the community, we’re out here actually doing work and making a difference.”

Sanders pitched in to help the crew one day when a truck arrived at the United Way with 20,000 pounds of furniture for Irma victims. The situation gave him a chance to problem solve and move resources around to get more crew members to the site.

“It’s a very flexible program, as far as the officers are concerned,” Maj. Scott Hall said. “Deputy Sanders, once he saw that the truck was there and it was going to take more of their time, he has the flexibility to work with the lieutenant or with the other officers to put something else off and get that job finished, and move

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RES GESTAE | April 2018

on to that next job maybe a day later than they had anticipated.”

About 600 people were sentenced to the program in 2017, according to Eberhardt. Pelle believes many of those offenders would have required taxpayer money and community resources to get their lives back in order if they had been sent to jail.

“Being at the United Way, we see what happens,” she said.

“You go to jail, you lose your job. You come out of jail, now you’ve got no money to support yourself. Now you’re back into the system, needing food stamps, the food pantry and other services. It just is a trickle-down effect. It’s a disaster.”

But most of the offenders in the Day Work program get to keep their jobs, and instead of hurtling toward disaster, they work to help others — like Mitchell — avoid and recover from it.

“I’m can honestly say that I’m blessed,” Mitchell said.

“I know that I have a ways to go, but I’m blessed.” ⚖

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#KINDLEE COMMUNITY SPOTLIGHT

BY DAVID SIMS, ESQ., BOARD VP, NAMI OF LEE, CHARLOTTE AND HENDRY COUNTIES

The National Alliance on Mental Illness, better known as NAMI, is the nation’s largest grassroots mental health organization dedicated to building better lives for the millions of Americans affected by mental illnesses. As one of nearly 1,000 affiliates nationwide, NAMI Lee, Charlotte and Hendry Counties provides free education and support programs for individuals, family members, providers and the general public.

Our local NAMI affiliate was founded in 1981 by a group of family members who were tired of their children bearing the burden of blame for their mental illnesses. Unhappy with the lack of services available and the treatment of those living with mental health disorders, the family members sought out others with similar concerns. Recognizing the potential to make a true difference in our community by sharing NAMI’s vision and offering NAMI Signature Programs, the group pursued incorporation and affiliate designation in 1986 to become NAMI of Lee County

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RES GESTAE | April 2018

Inc. and went through a regionalization to add Charlotte and Hendry Counties in 2015.

I chose to participate as a NAMI supporter and board member after personally assisting a family member experiencing a mental health challenge. NAMI’s Family to Family support group has been invaluable in assisting my family and many others as well.

The families and members of NAMI LCH are here to help.

We offer understanding to anyone concerned about the challenges surrounding mental illnesses, stigma and access to treatment. We are dedicated to improving the quality of life for people with mental illness and their families through support, education and advocacy. We advocate at the county, state and national levels for non-discriminatory access to quality, affordable healthcare, housing, education and employment for people with mental illness.

We believe that, with support, everyone affected by mental illness and their families can experience resiliency, recovery and wellness.

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the dish

BY CHELLE KOSTER WALTON

B

ATTORNEY-OWNED FOODIE-RECOMMENDED

lack subway tiles, pressed-tin wainscoting, a factory wall clock, metallic chairs around polished elm tables, wooden flooring, a vaulted white ceiling with exposed pipes: The new Traders2 on Sanibel Island has a metro bistro thing going on. Until you notice the Florida touches: bright philodendron wallpaper on one wall, dizzying pink flamingos on another, silk potted palms and birds-of-paradise flowers, framed Audubon-esque bird prints, and a specific shade of green hand-picked by co-owner Roseanne Giordani, a family office attorney with a flair for design.

“We wanted this to be more casual than Traders,” she said.

She also owns that longtime Sanibel institution with Joe Archambault. For us islanders, it has been a go-to spot for dependably consistent American cuisine and a lively bar atmosphere for 20 years. T2, as everyone has taken to calling it, creates a more intimate setting in a spot at The Village Shops previously and briefly occupied

by Pasture & Pearl. Giordani, who maintains her office in the same retail center, completely overhauled the interior space. “‘Big Traders’ is so big,” she said.

“It’s nice to have a smaller one.”

Unlike the original Traders, T2

Photos above: T2’s dog-friendly al fresco deck, SanCap mule, T2 interior

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RES GESTAE | April 2018

affords deck space for al fresco dining. Like big brother, it also maintains a retail space: a small gift shop with complementary design just across the deck.

Comparisons of the two come naturally, from design to cuisine. Some of the favorites from Chef Mike Patnode’s “big Traders” menu find their way to T2’s menu, the look of which coordinates with the greenery wallpaper. (Green-striped paper straws match Giordani’s green; cocktail napkins mirror the classic bird portraiture.)

Back to the menu: It stays the same for lunch and dinner at T2. I was happy to see that Mike’s White Gazpacho made the trip; I rarely fail to order it at Traders. The meal-in-a-bowl seafood gumbo also appears in the soup section.

Some specialties, such as the Italian sausage flatbread, gained in translation. My dining party tried it on a recent visit, and we were pleasantly wowed by the multidimensional creamed spinach, wild mushrooms, pancetta and parmesan accoutrements. T2 has expanded on flatbread offerings with five varieties, from beef short rib to classic margherita, in a range from $14 to $17, standard for most of the non-entrée items.

the dish

Photos below: tinned octopus, Italian sausage and wild mushroom flatbread, a house specialty - the lamb burger.

It also expands upon Traders’ grouper taco selection to a menage a trois: Carolina pulled pork with roasted corn salsa, roasted chipotle shredded chicken with pineapple salsa, and blackened or grilled fish with pico de gallo.

All new, the T2 Tins, imported from Portugal, are a novelty I’ve not seen anywhere else in the area. Served with tapenade and roasted garlic sourdough bread, the tins reminded us of our childhood, peeling back a tin of canned sardines for a snack on saltine crackers, but in this case, roasted garlic sourdough toast instead. Smoked sardines are one of the choices, and so is octopus, both in olive oil. The spiced calamari comes in a ragout, the menu says. We tried the octopus, which had a mild flavor spiked with garlic. I recommend it as a conversation-piece starter to share with the table.

We also sampled the ahi tuna poke as an appetizer. The tuna was exquisite, but the poke recipe could have used some acidity. Other apps include beach bread topped with gorgonzola, roasted garlic and marinara; and fried green tomatoes with jumbo shrimp and Cajun cream sauce.

I ordered the lamb burger on my first visit, one of the restaurant’s top sellers, Giordani told me. Cast-iron-seared on chewy ciabatta, its topping of caramelized onions, gruyere, and cabernet demi adds tons of character.

Entrees run $16 to $26, making this an affordable option for business dine-outs. Six entrees cover the seafood, poultry and meat bases. A friend gave the braised beef

short rib plate a “best ever” recommendation. Parmesanencrusted chicken breast and baby back ribs are successful transplants from “big Traders.”

We found the crab cakes a little heavy on breading.

For dessert, don’t miss the absolutely to-die-for sea salt and caramel cheesecake. Or skip across the way for Norman Love chocolates in the gift shop.

“I like to have meetings here,” Giordani said. “Before I got involved in the restaurant business, I didn’t realize how important it is to meet with clients over food. You find common threads and understandings with people that way. I underestimated the importance of having a social relationship with clients. I thought of meeting in restaurants as a luxury, but it’s really just a smart idea.” ⚖ The Village Shops, 2340 Periwinkle Way, Sanibel Island 239-558-8919 www.t2traders.com Open Sunday-Thursday 11:30 a.m.-10 p.m.

Friday-Saturday 11:30 a.m.-11 p.m.

Chelle Koster Walton has been dining her way around Southwest Florida for more than 30 years.

She writes about food for USA Today 10Best.com and Florida Weekly and was formerly a food editor and restaurant reviewer for Naples Illustrated and Naples News. She lives on Sanibel Island.

April 2018 | RES GESTAE

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LCBA Judges Spotlight

BY HON. JACK WEISS, JUDGE OF COMPENSATION CLAIMS

1. In this job, you must like to write. We issue rulings and orders that can be from six to 40 pages depending on what needs to be done. Our orders have to be detailed, including all the science, medical terms, and medical issues that are presented when people get hurt on the job.

2. My jurisdiction encompasses one chapter of the law, but it has a tremendous impact. Workers’ compensation affects employers and employees alike, as well as raising larger issues of the economy and public policy.

3. I began practicing in this field right after major reforms. Much of what we are still working under started in 1994, the same year I did.

4. The biggest change since then has been in technology. I rarely touch paper now; it’s all on the computer.

5. I’m not related to the “other” Jack Weiss. There’s an attorney in Tallahassee whose name is John A. Weiss, but he goes

by Jack like I do. I used to get many calls for him. He sent me a nice letter a while back saying thank you for transferring all those calls. ⚖

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LCBA Members spotlight

BY KELLY L. FAYER, ESQ.

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2. #KindLee is so important to me ... that I am now the Co-Chair along with Amanda Bartley.

3. It is obvious I did not understand that the President Emeritus is supposed to relax. I have enjoyed being a part of the LCBA for so many years that I guess I cannot help myself but want to contribute. However, this year I will take my first step ever toward achieving a work-life balance. I plan to try meditation. Does that count?

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

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Coverage in 10 counties:

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

Printing | Publishing | Mailing

CATALOGS MAGAZINES POCKET FOLDERS BROCHURES

Fort Myers 936.5050

Cape Coral 542.1050

Naples 643.9999

www.PantherPrinting.net April 2018 | RES GESTAE

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In The news The Hon. Robert J. Branning was recognized on Feb. 27 as the The News-Press 2017 Trailblazer of the Year for his work to place therapy dogs in dependency court, which deals with cases of abandoned, abused and neglected children. Branning collaborated with the Children’s Advocacy Center of Southwest Florida, which certifies the dogs as therapy animals and connects their owners with the courts.

The award is meant to honor someone who has built a pathway of success for others through innovation, determination and commitment.

Craig R. Hersch, JD, CPA, a partner in Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A., was recently named to the editorial advisory board of the Modern Practice Committee for Trusts & Estates magazine, a national trade journal for trust and estates attorneys, certified public accountants and financial advisors.

Hersch also recently received the magazine’s “2017 Distinguished Author Award” for a February 2017 article titled “Marketing the Modern Estate-Planning Practice.” He is the author of five books designed to help individuals and families navigate wills, trusts and estate planning matters.

Kevin A. Kyle, a partner of Green Schoenfeld & Kyle LLP, recently presented a seminar titled “Estate Planning Fundamentals for Florida Residents” at Shell Point Retirement Community.

Kyle discussed essential planning documents relating to recent tax law changes and answered questions about wills, trusts, advance directives and avoiding guardianship. He has more than 20 years of experience in estate planning and probate, international and domestic trusts, and international and domestic tax advice and business transactions.

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

BOOK SIGNING and LAUNCH PARTY! Join Author Dr. Laura Streyffeler Thursday, April 19th 5:30 to 7:30 p.m.

Broadway Palm Dinner Theatre 1380 Colonial Blvd., Fort Myers

For more information

239.822.1699

drlaura@drlauracounseling.com Available on Amazon and Barnes & Noble

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RES GESTAE | April 2018

Laura Streyffeler, Ph.D., LMHC

ESTAT E & P ro b ATE LiT iGAT io n

At the crossroads of conflict and estate and trust litigation Settling an estate can be complicated—especially if it is contested and litigation becomes necessary. We represent clients with cases brought to us solely for representation in matters such as breach of fiduciary duty, tortious interference with inheritance, undue influence, contested guardianship, incapacity, and others. Let us be your partner for estate and trust litigation. For more information, contact Eric Gurgold, Esquire, Practice Chair, at eric.gurgold@henlaw.com.

Helping to protect our clients and their loved ones since 1924

henlaw.com • 239.344.1100 Fort Myers • bonita Springs • Sanibel • naples*

© Henderson Franklin Starnes & Holt, P.A.

HEND 26144 LeeBar_Estate.indd 1

by appointment only

*

5/8/17 4:08 PM

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

Member SIPC

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

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

April 2018 | RES GESTAE

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We’ve increased our coverage area and expanded our services We are pleased to announce our merger with Guardian Reporting

Accurate, personable, experienced and local reporters serving our Southwest Florida legal community.

FACILITIES from Sarasota / Bradenton to Naples Fort Myers Court Reporting clients will now be able to schedule in Bradenton, Sarasota, Venice, Port Charlotte and Punta Gorda · Online scheduling with 24/7 access to all repository files · Nationwide Scheduling · Competitive Rates

Jackie Burrell, RPR, FPR

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www.fmreporting.com · Phone: 239.334.1411 · scheduling@fmreporting.com 2180 West First Street, Suite 120, Fort Myers, Fl 33901 RES GESTAE | April 2018

In The news

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 April 2018 | RES GESTAE

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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 !

personalized solutions

“WORKING TOGETHER, WE PROVIDE FOR EACH AND EVERY CUSTOMER.”

— Kim Nyberg, Vice President, Professional & Executive Banking (left) Pam Edwards, Vice President, Lending (right)

Like Thomas Edison,

we believe there is always “a better way.” Offering customized solutions for all of our customers, Kim and Pam utilize their 65 years of combined local banking experience by working together to offer the very best in personalized services.

We’re Standing Strong with Money to Lend. Experience the benefits of joining Edison National Bank/Bank of the Islands.

Edison National Bank/Bank of the Islands customers enjoy:

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To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800.

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