AUGUST 2018
WORKING TOGETHER TO
RAISE THE BAR Practice section chairs hard at work
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
AN AUTOMOTIVE LEGEND
ALFAROMEOFORTMYERS.COM 239-362-9323
Contents
features
Cover art: April Bordeaux
20 Benefits abound in LCBA practice sections Meetings foster exchange of
Practice section chairs pictured below - back row (l to r): Jennifer Hammond, Amy McGarry, Kati Smith Calvo, Bill Merchant, Gilberto Perez, Blake Hampton. Front row (l to r): Alex Brockmeyer, Anne Dalton, Marisa Boysen.
AD DIRECTORY
ideas, career growth
by Chuck Myron
Alfa Romeo of Fort Myers
IFC
Ave Maria School of Law
9
Brad Jessen, Edward Jones
26
Business Observer
19
Calvo & Calvo Attorneys at Law
11
CONRIC PR & Marketing
32
Copy IT
27
CopyLady 7 DeMine Immigration Law Firm
19
Denise Kennedy
29
Donna Tisch
36
Edison National Bank
BC
First Florida Investigations
27
Fort Myers Court Reporting
25
Garvin Law Firm
35
Henderson, Franklin, Starnes & Holt, P.A. 28
20
Letter from the President by Dan Endrizal, Esq.
8
34
Kelleher Firm
13
Law Firm of Scott T. Moorey
16
Law Offices of Dennis L. Webb
33
Leonard P. Reina
25
32 100 Club
Leslea Ellis, LLC
27
34 LCBA Judges Spotlight
Livingston Loeffler, P.A.
11
McHale, P.A.
29
Merit Court Reporting, Inc.
33
Letter from the Executive Director
by Lisa Poulin
10 Calendar of Events 12 Ethically Speaking by Henry Lee Paul, Esq.
by Hon. Josephine Gagliardi
36 LCBA Members Spotlight
by Vicki Sproat, Esq.
38 In The News
14 Practice Section
Family Law by Kati Smith Calvo, Esq., and Magistrate Gilberto Perez
16 YLD Spotlight by Tiffany Pereira, Esq.
24
Albert Alguadich, Esq.
24 Legal Lens
Diversity Luncheon
28 New Members 30 The Dish
4
Point 57 RES GESTAE  | August 2018
Musca Law Office, Inc.
3
Perry & Zariske
26
Ringsmuth, Day & O'Halloran, PLLC
17
Robins/Kaplan, LLP
35
Roetzel & Andress
15
Sheldon E. Finman, P.A.
19
Simon Harrison
26
Spivey Law Firm, P.A.
18 #KindLee Spotlight
IBC
Joshua Tree Counseling
departments 6
Joe Viacava Law
30
5
Sproat Workplace Investigations
11
The North Law Firm, P.A.
18
Total QuickBooks Solutions
29
Veranda Restaurant
25
Von Ahn & Associates
37
William DeForest Thompson Jr., LLC
17
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Letter from the president I would like to thank the practice section leaders for the work that they do with our members. The perspective I’ve gained from working with the Real Property, Probate and Trust Law section has been invaluable to my practice and to many others. These sections allow you to sharpen your skills, earn free Continuing Legal Education credits, meet and exchange ideas with like-minded attorneys, and more. To learn more about how the LCBA’s practice sections can benefit you, turn to page 20. Beginning on page 24, you’ll see lots of photos from our Diversity and Inclusion luncheon on June 29. In just its second year, this event is quickly becoming a cornerstone on the LCBA calendar, and the committee is already talking about plans for year three. Since it’s summer, I would like to share the story of my annual fishing trip to the Republic of Panama. Next year will be the 20th anniversary of the Panama Fishing Hole. The occasion is attended by fellow members of the 470 Military Intelligence Brigade (Panama). We assemble in Panama City for two days of fishing on Lago Gatun (Panama Canal). Then we road-trip to Pedasi for fishing in the Pacific. Now these aren't your big oceangoing sport fishing boats. No, these are open 20-foot Panga boats, and we go for the atun (tuna) — see photos. Well, we fish the day and drop our catch off at a restaurant, and the guys vacuum pack and freeze the rest for the trip home. You don’t have to be a former member of the 470th to go, so let me know if you are interested in going next year. Daniel J. Endrizal III, Esq. Daniel.Endrizal@earthlink.net | 239.728.8555
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RES GESTAE | August 2018
LEE COUNTY BAR ASSOCIATION ADMINISTRATION
Executive Director ~ Lisa Poulin Lawyer Referral Service Coordinator ~ Kheila Perez
EXECUTIVE COUNCIL
President ~ Daniel J. Endrizal III, Esq. Vice President ~ John Webb, Esq. Secretary ~ Blake Hampton, Esq. Treasurer ~ Matt Roepstorff, Esq. Board Members: Kathy 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 Timothy A. McCan II Annual Charity Golf Tournament Shannon Puopolo, Esq. & Kenneth A. Jones, 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 Erica Woods, Esq. & Sarah Spector, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. & Jennifer Hammond, Esq. Solo & Small Firm Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.
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President, Cynthia Duff, President
Cynthia Duff
Letter from the executive director Hard to believe, but summer is almost over! I hope everyone has enjoyed their summer so far. The month of August is prepping time for LCBA fall events. We will be hosting our first ever Practice Section Membership Luncheon on Friday, September 21 from noon - 1 p.m. at the Sidney & Berne Davis Art Center. At the lunch, you will have an opportunity to meet our practice section chairs, who’ll have a few moments to speak and introduce themselves, and join any of the 10 different sections listed on page 6. Get an idea of what each of them offers with our in-depth look at the practice sections starting on page 20. The luncheon will also feature our member Attorney Kevin F. Jursinski, who will discuss the formation of a Business Court in the 20th Judicial Circuit. In other news, I’d like to tell you a little about Kheila Perez, our new executive assistant in charge of the Lawyer Referral Service. Some of you may remember former Lawyer Referral Service Coordinator Lynn Reyes. Kheila is Lynn’s niece and is proud to continue the family tradition.
Kheila Perez
Kheila is a Lee County native from Cape Coral, and she previously handled calls for doctors and hospitals in the Tampa Bay area. She loves to learn new things, and what she says she loves most is seeing the relief on the faces of people she helps. As we all know, people who need legal assistance are often dealing with difficult situations. Kheila treats every referral service client with respect, patience and understanding. She’s a delight to be around, and every time she comes in the office, she’s determined to brighten someone’s day. Now, LCBA members have a can’t-miss opportunity to help Kheila accomplish that. We are offering a free 30-day trial for any attorney who wants to become part of the Lawyer Referral Service. At the same time you’re growing your practice, you’re also helping people who really need you.
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.
EDITOR-IN-LAW-IN-TRAINING Tiffany Pereira, Esq.
MANAGING EDITOR Chuck Myron
CREATIVE DIRECTOR April Bordeaux
ADVERTISING DIRECTOR Linda Fiore | 239.690.9840
CONTRIBUTING WRITERS Daniel Endrizal, Esq. Lisa Poulin Henry Lee Paul, Esq. Kati Smith Calvo, Esq. Magistrate Gilberto Perez Joel Hyatt, Esq. Chuck Myron Chelle Koster Walton Hon. Josephine Gagliardi Vicki Sproat, Esq.
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.
To take advantage, please contact Kheila at admin@leebar. org or 239-334-0047, ext. 101. You may also stop by our office anytime at 2077 First St., Suite 207 in Fort Myers. Our door is always open. Lisa Poulin, Executive Director LPoulin@leebar.org | 239.334.0047
8
RES GESTAE | August 2018
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Local Solo Practitioner Presentations Topics of Discussion: “What I Wish I Knew When I Started” Marketing Your Law Firm Financial Planning for Small Businesses For more information and to RSVP: http://bit.ly/avelawclecourse
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calendar of events Some dates for 2018 Section Meetings have not been confirmed - Check leebar.org for details!
August 3
September 7
Fort Myers. For more information and registration, please visit www.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.
Noon-1 p.m., location TBA. All attorneys under age 35 or in their first five years of practice are invited to attend.
September 21
September 10
Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Cost is $25 for members, $35 for members, free for judges and for practice section chairs.
Young Lawyers Division Monthly Lunch Meeting
August 10
Real Property, Probate and Trust Law Meeting
Noon-1 p.m., Courtroom 5G, Lee County Justice Center, 1700 Monroe St., Fort Myers. Lunch and one CLE credit is provided. Andrew Wood of Grant Fridkin Pearson is the guest speaker.
August 15
Alternative Dispute Resolution Meeting
Young Lawyers Division Monthly Lunch Meeting
Rosh Hashanah
LCBA office and courts closed
September 12
General Civil and Business Litigation Meeting
Noon-1 p.m., Courtroom TBA, Lee County Justice Center, 1700 Monroe St., Fort Myers. The subject is judicial do’s and don’ts.
September 13
Noon-1 p.m., Hearing Room 4O, Lee County Justice Center, 1700 Monroe St., Fort Myers.
August 16
Family Law Section Brown Bag Lunch
11:45 a.m.-1 p.m., Courtroom 5C, Lee County Justice Center, 1700 Monroe St., Fort Myers. For more information and registration, please visit www.leebar. org/events/calendar.
August 30
Land Use and Governmental Law Meeting Noon-1 p.m., First Floor Conference Room, Lee County Department of Community Development headquarters, 1500 Monroe St., Fort Myers.
Criminal Law Practice Section Lunch Meeting
Noon-1 p.m., The Barrel Room, 2214 Bay St., Fort Myers.
September 14
Real Property, Probate and Trust Law Meeting
Noon-1 p.m., Courtroom 5G, Lee County Justice Center, 1700 Monroe St., Fort Myers. Lunch and one CLE credit are provided. Marve Ann Alaimo of Porter Wright Morris & Arthur LLP is the guest speaker.
September 19 Yom Kippur
LCBA office and courts closed
September 20
Family Law Section Brown Bag Lunch
September 3 Labor Day
LCBA office and courts closed
11:45 a.m.-1 p.m., Courtroom 5C, Lee County Justice Center, 1700 Monroe St.,
LCBA Practice Section Membership Luncheon
September 27
Land Use and Governmental Law Meeting Noon-1 p.m., First Floor Conference Room, Lee County Department of Community Development headquarters, 1500 Monroe St., Fort Myers.
October 19
Pro Bono Awards Luncheon
Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Presented by Florida Rural Legal Services. Cost is $25 for members, $35 for members, free for judges.
October 25
Guardian ad Litem Seminar
10 a.m.-4 p.m., Courtroom 5H, Lee County Justice Center, 1700 Monroe St., Fort Myers. More information TBA.
November 9
29th Annual Bench Bar Gala
6 p.m.-10 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. More information TBA.
November 12 Veterans Day
LCBA office and courts 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 2018
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RES GESTAE | August 2018
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11
Ethically speaking BY HENRY LEE PAUL, ESQ.
A
Mental Health and Wellness Committee to remain in place
special committee to address the mental health and wellness of attorneys was initially created last year for a two year-period, but the response was so favorable and impressive that The Florida Bar Board of Governors voted in May to make it a permanent standing committee. In July 2017, the Board of Governors authorized the creation of what was then the Special Committee on Mental Health and Wellness of Florida Lawyers. Board of Governors member Dori Foster-Morales spearheaded the effort to address mental health and wellness issues found to be widespread among members of The Florida Bar. It was strongly supported by Michael Higer, then bar president, and Michele Suskauer, then president-elect. The activities of the newly formed committee were a subject of the Masters Seminar on Ethics CLE panel presentation at The Florida Bar 2018 Annual Convention.
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The distinguished panel included The Florida Bar Legal Division Director John Berry, Florida Lawyers Assistance Executive Director Judy Rushlow, prominent legal malpractice defense lawyer Richard Bush, Attorney Liability Assurance, Ltd. Vice President and Senior Loss Prevention Counsel Ken Landis, and Foster-Morales, who is the Board of Governors chair of the Committee on Mental Health and Wellness. Foster-Morales was inspired to begin the initiative after a good friend and former Board of Governors member committed suicide with no apparent advance warning signs. The new committee conducted a series of town hall meetings around the state and discovered that there was a surprising groundswell of support for dedicating additional bar resources to help improve the mental health and wellbeing of Florida lawyers.
Lawyers are 3.6 times more likely to suffer depression than non-lawyers, have suicide rates double the general population and have twice the rate of problem drinking, according to statistics Foster-Morales cited during the seminar. The panel confirmed that a high percentage of lawyer discipline is directly related to mental health or substance abuse issues, a fact further confirmed in a landmark 2017 report by the National Task Force on Lawyer Well-Being. The stated mission of the committee is to: “1) destigmatize mental illness in the legal community (lawyers and judges); 2) educate employers, judges and lawyers how to identify and address mental health illness of Florida lawyers and create 'best practices' on how to address mental health issues; 3) educate lawyers about the benefits of balancing personal life and career obligations; 4) provide wellness programs to provide Florida lawyers with healthy strategies to deal with the pressures of their practices to enhance the mental health and wellness of Florida lawyers; and
5) create a special, inter-disciplinary committee to study and improve the Florida Bar’s rules and programming related to mental health and wellness of Florida lawyers and to ensure that Florida Bar members (including judges) are aware of mental health issues and are able to access those services needed.� The Florida Bar has already established a Mental Health and Wellness Center with a dedicated page on The Florida Bar website at floridabar.org/member/healthandwellnesscenter. Expanded resources are identified and available to Florida Bar members and law students seeking help. The Florida Bar is to be applauded on creating this pioneering initiative to enhance mental health and wellness resources beyond what is already available through Florida Lawyers Assistance.
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.
August 2018 | RES GESTAE
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Family law PRACTICE SECTION BY KATI SMITH CALVO AND MAGISTRATE GILBERTO PEREZ
We can (and should) do better for families
T
he decisions family law lawyers make while representing their clients can impact a family for generations to come. The distribution of assets and liabilities, who makes decisions for children and whether support is paid or received all have impacts on the family beyond the immediate future. There are actions attorneys helping their client can take that aren’t always conducive to promoting the overall wellbeing of the family. Remember the saying, “Just because you can do something doesn’t mean you should do something”? The Florida Bar agrees with this ideal and its Family Law Section recently updated the Bounds of Advocacy Goals for Family Lawyers. This concept originated with the American Academy of Matrimonial Lawyers, or AAML, which published its original version in 1991. In 2002, the Florida Supreme
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RES GESTAE | August 2018
Court cited the AAML “with approval from the publication” and mentioned the “appropriate bounds of an attorney’s advocacy in a family law case.” Diaz v. Diaz, 826 So.2d 229 (Fla. 2002), n. 1. The court expressed frustration regarding the “emotional drain on the parties and their families” caused by “unnecessarily protracted litigation.” Id. at 232. Additionally, the Court highlighted several of the goals promulgated by the AAML, including, “[a]n attorney should refuse to assist in vindictive conduct and should strive to lower the emotional level of a family dispute by treating all other participants with respect.” Id. at n. 1. In 2004, The Florida adapted the AAML’s version to Florida law and practice. See Preface, The Florida Bar Family Law Section Bounds of Advocacy (2018). This past year, Nicole L. Goetz, Esq., Chair of the Family Law Section, created a
committee to revise the Bounds “to capture changes in marital and family law, ethics and professionalism and social media, and technology” occurring since 2004. The finished product was mailed to all Florida Bar Family Law Section members and is available on the section’s website.
• “A lawyer should protect the client when the client’s decision-making ability appears to be impaired.”
The Bounds of Advocacy are divided into six sections: Professional Cooperation and The Administration of Justice, Competence and Advice, Client Relationship and DecisionMaking, Conflict of Interest, Fees, and Children. Some of the goals are:
Family Law is a stressful area of practice. Family Law attorneys maintaining a healthy outlook toward the practice of law with a balanced personal life need to draw from multiple resources to assist their family law clients on the road to their new future. The Bounds of Advocacy are a resource that helps family attorneys accomplish all of this. No attorney can fix all of the family problems, but you can (and should) strive to minimize the harm to all involved in the process.
• “A lawyer must strive to lower the emotional level of family disputes by treating everyone with respect.” • “A lawyer should advise the client of the emotional and economic impacts of altering the family structure, and explore all options including reconciliation.”
• “A lawyer representing a parent should consider the welfare of the minor children and seek to minimize the adverse impact of the family law litigation on them.”
Admitted to the Florida Bar in 2001, Kati Smith Calvo, Esq. is a dedicated litigator with experience in criminal defense and family law. She is board certified in Criminal Trial Law. She has also served on Florida Bar committees for the Unlicensed Practice of Law and Attorney Grievances, and is a past president and board member of the Lee County Legal Aid Society.
Magistrate Gilberto Perez ascended to the family law magistrate bench in 2015 after more than 20 years as a practicing attorney. He served as a legal aid attorney, assistant attorney general and an assistant state attorney. He is a past president of the Association of Family Law Professionals and was a longtime board members of the Lee County Legal Aid Society.
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August 2018 | RES GESTAE
15
YLD spotlight BY TIFFANY PEREIRA, ESQ.
Young Lawyers turn focus to those even younger
W
hat a month July was for our YLD president, Joel Hyatt, as he welcomed twin babies into the world. The twins, Harrison and Hannah, were born at 2:45 a.m. on July 2, weighing only 4 pounds, 10 ounces, and 4 pounds, 9 ounces. I am stepping in to write this month’s YLD Spotlight so Joel can enjoy this special time with his wife, Mia, their oldest son, Ezra, and their two new additions. It seems more and more of our YLD members are starting or expanding their families. This warms my heart and makes me even more excited for our son to come in November. Congratulations to the Hyatt family! This month’s luncheon at Sasse’s featured local attorney Jeff Rice, a partner at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. We kicked off football season by hearing about Mr. Rice’s ongoing career as an NFL referee. Did you know that he once refereed the Super Bowl? Thank you again to Mr. Rice for taking the time to join us. Our annual charity event, Holidays in July, took place on July 28 at Sky Zone Trampoline Park in Fort Myers. This event is held in conjunction with the Children’s Network of Southwest Florida. Fifty children were able to join us for two hours of jumping and joy at Sky Zone, with a special appearance from Santa himself. The smiles were endless as each child received three gifts from the YLD. This event was free for the children to attend. A very special thank you as well to all of our volunteers
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RES GESTAE | August 2018
and those who came to help wrap gifts before the event. Your generosity is much appreciated. The Children’s Network of Southwest Florida administers the child welfare system within our circuit. The Network is responsible for over 2,400 abused and neglected children and works with over 50 social service agencies to provide care. The agency also serves over 125 at-risk children in the community each month through its diversion program. If you are interested in becoming involved, please e-mail info@ cnswfl.org. We are very fortunate to have the opportunity to work with this organization every summer. Be sure not to miss out next July! There are plenty of great YLD events remaining this year, including A Day at the Courthouse, monthly luncheons, our annual Christmas Party, and even beer sales. We are signed up for beer sales at Art Walk in downtown Fort Myers on October 19 and November 2. Please reach out to me if you want to volunteer. The proceeds are used toward events YLD organizes, such as Holidays in July. Our Christmas Party location is TBD, but it promises to be an even better “fiesta” than last year. To stay informed of all future meetings and events, please like us on Facebook at facebook.com/LeeBarYLD.
Tiffany L. Pereira is a solo practitioner who concentrates her practice on transactional business and agricultural law. In addition to serving on the YLD Board, Tiffany is a member of the LCBA Executive Council and is the statewide representative for the Lee County Association for Women Lawyers.
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August 2018 | RES GESTAE
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#KINDLEE COMMUNITY SPOTLIGHT
I
BY ALBERT ALGUADICH, ESQ.
n 2014, at the beginning of my three-year tenure as a member of the voluntary Board of Directors of LARC Inc., a United Way partner agency, it was clear that everyone involved with the organization is there because of one simple reason: compassion. LARC's mission is to promote and provide opportunities for people with developmental disabilities to live, work and participate in their communities to the fullest extent their capabilities allow. It is an awe-inspiring feeling to know that the staff, fellow board members and numerous volunteers dedicate their entire focus to providing love, support and motivation to the remarkable citizens LARC serves without want for anything in return. This, among many other reasons, is why my wife, Jacqui Alguadich, and my brother, Louis Alguadich, have always made it a point to contribute to LARC in any way possible. We’ve experienced so much joy simply by volunteering our time at holiday dances, working with the board to continue LARC’s mission and sponsoring charity events with LARC as our named beneficiary. It comes as no surprise that in the more than 64 years since its inception, LARC has provided instrumental support and service to individuals with intellectual and developmental disabilities as well as their families as they strive to live an independent life and contribute as fellow citizens of Lee and Collier counties.
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RES GESTAE | August 2018
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19
Benefits abound in LCBA practice sections Meetings foster exchange of ideas, career growth T he term "one size fits all" certainly doesn't apply to attorneys. The law, as broad as it is, lends itself to experts who specialize in specific categories. Criminal law is distinct from family law, which is much different from land use law, and a whole world away from business litigation. The LCBA is open to all lawyers, but the bar recognizes each of them needs assistance, advice, and enrichment that applies directly to their area of practice. The bar’s practice sections are designed to provide just that.
by Chuck Myron
basis to facilitate a dialogue between attorneys and judges and identify ways attorneys can better serve their clients in the courtroom. Practice sections are found in just about every bar association, but perhaps what sets the LCBA apart is the willingness of each section to welcome attorneys from other sections. So many of the practice section chairs we spoke to for this piece emphasized their open-door policies.
Each practice section holds meetings that bring together attorneys for continuing legal education credits, analysis of important trends, networking and more. The first-ever LCBA Practice Section Membership Luncheon, set for September 21 from noon-1 p.m. at the Sidney & Berne Davis Art Center, will give members a chance to meet all the practice section chairs and hear them speak.
“The more people we know, the more we know,” said Jennifer Hammond, co-chair of the LCBA Real Property, Probate and Trust Law Practice Section. “The more we know about general things, the easier we can refer to specialists. Quite frankly, I don’t feel like I’m giving work away then. I feel like what I’m doing is I’m solidifying that I’m the trusted adviser for that client. So, that helps all of us and elevates our community, because then all of our clients are better served, whether it’s on the business side or on the personal side.”
And as the LCBA’s bench-bar exchange program expands, the sections will provide access to judicial liaisons on a regular
Here is a primer on the who, when, where and why of each LCBA practice section:
Alternative Dispute Resolution Co-Chairs: Anne Dalton, Esq. and Bill Merchant, Esq. Meetings: Times and dates vary, but most meetings are held at the Lee County Justice Center, usually in the hearing room of the Hon. Judge Alane C. Laboda (Hearing Room 4O). Meetings that draw large crowds are moved to a courtroom. This month's meeting will provide ethics CLE credits and is scheduled for August 15 from noon-1 p.m. What’s the one thing someone from outside your practice section should know? “All attorneys and members of the LCBA are urged to attend our meetings. We focus on issues of concern to all attorneys as well as ADR professionals.” — Anne Dalton
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Appellate Co-Chairs: Alex Brockmeyer, Esq. and Matthew Irwin, Esq. Meetings: To be determined What’s the one thing someone from outside your practice section should know? “You deal with so many different areas of law. The appellate courts are open to everyone, so you have to deal with criminal law, trial practice issues like jury selections, and much more. It’s really the last generalist area left. There is not a true substantive body of case law to deal with, other than ‘Was an error preserved for review?’ and things like that. Otherwise, you’re dealing with all the other different practice areas. You deal with everything. You have to take something that’s very complex, learn it, and simplify it for a judge who’s having to deal with it for the first time.” — Alex Brockmeyer
Criminal Law Co-Chairs: Marisa Boysen, Esq. and Leah Harwood, Esq. Meetings: Times, dates, places TBD. The section has periodic socials and will soon be doing a continuing legal education session on marijuana laws that will include a tour of a dispensary. They’ll also collaborate on a technology seminar with the Solo and Small Firm Practice Section. Long-term plans include a Christmastime event to benefit children whose parents are incarcerated. What’s the one thing someone from outside your practice section should know? “We’re probably the group that’s the most fun. And we’re always very welcoming.” — Marisa Boysen
Real Property, Probate and Trust Law Co-Chairs: Kenneth Kemp, Esq. and Jennifer Hammond, Esq. Meetings: They’re the second Friday of every month from noon-1 p.m. in Courtroom 5G of the Lee County Justice Center. Lunch and one CLE credit are provided. The next meeting, set for August 10, will feature guest speaker Andrew Wood of Grant Fridkin Pearson. Marve Ann Alaimo of Porter Wright Morris & Arthur LLP will speak during the meeting on September 14. Hammond and Kemp are also planning more social events, potentially to include a season kickoff and season-ending event. What’s the one thing someone from outside your practice section should know? “Everyone is more than welcome. It’s not closed. We share a lot of good information. Everybody has clients who either have an estate, need an estate, need some sort of estate planning, have issues that deal with homestead or real property, or something else that touches our section. So, they should come meet us, join us, expand their network, and ask questions. We’re very inclusive.” — Jennifer Hammond
August 2018 | RES GESTAE
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Family Law Co-Chairs: Magistrate Gilberto Perez and Kati Smith Calvo, Esq. Meetings: They’re always the third Thursday of every month from 11:45 a.m. to 1 p.m. in Courtroom 5C of the Lee County Justice Center. Participants are encouraged to bring a brown bag lunch. The Hon. Judge Margaret O. Steinbeck will make a presentation on evidence at the August meeting. Upcoming meetings will focus on attorney fees, contract drafting and how to read a tax return. There will also be a joint meeting with the Alternative Dispute Resolution practice section. What’s the one thing someone from outside your practice section should know? “Even if you don’t practice family law, you are welcome at our meetings. Many of our meetings offer practical information outside marital and family law. For example, we have had presentations on avoiding legal malpractice and from legal research providers, and our upcoming meetings on attorney fees and mediation will be of general interest as well.” — Magistrate Gilberto Perez
Elder Law Co-Chairs: Blake Hampton, Esq. and Amy McGarry, Esq. Meetings: The LCBA’s newest practice section is less than a year old and plans are still being finalized for 8 a.m. breakfast meetings on the second Wednesday of every other month at various locations along the U.S. 41 corridor between Page Field and the Bell Tower Shops. The first meeting will be on new Medicaid updates. What’s the one thing someone from outside your practice section should know? “We’re more than just Medicaid, and any attorney is welcome to find out why by joining us for one of our breakfast meetings.” — Amy McGarry
Solo and Small Firm Co-Chairs: Jason Gunter, Esq. and Conor Foley, Esq. Meetings: Quarterly meetings generally take place in the early mornings at Gunter and Foley’s office on 1514 Broadway, Suite 101 in Fort Myers. Breakfast is provided and there is a socializing and educational component. Gunter and Foley try to bring in a speaker to discuss a different topic each time that is unique to solo and small firm practitioners. The next meeting remains in the planning stages but will likely cover retirement planning options for solo and small firm attorneys. The practice section also held its first Tech Conference in November 2017. The event was free to attend and everyone who turned out received 11 CLE credits. Another Tech Conference is in the works. What’s the one thing someone from outside your practice section should know? “We like to believe we’re the ‘melting pot’ of the Lee County Bar practice sections. While the other sections typically focus on one substantive area of the law, we bring together practitioners from all practice areas, and it presents an opportunity get to know the other attorneys in the area on a closer level, which promotes helping one another succeed.” — Conor Foley
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Land Use and Governmental Law Co-Chairs: Sarah Spector, Esq. and Erica Woods, Esq. (not pictured) Meetings: Regular gatherings are set for the last Thursday of each month from noon-1pm at the Lee County Department of Community Development First Floor Conference Room on 1500 Monroe St. There are no meetings in June, July, November and December. What’s the one thing someone from outside your practice section should know? “It’s a great way to keep up to date on land use happenings in the various jurisdictions in Southwest Florida as well as network with both public and private practitioners.” — Erica Woods
General Civil & Business Co-Chairs: George Knott, Esq. and Carlos Kelly, Esq. Meetings: Typically the second Wednesday of March, May, July, September and November at the Lee County Justice Center, from noon1 p.m. The next meeting, set for September 12, 2018, is on Judicial Do’s and Don’ts. The most recent meeting, in July, focused on non-binding arbitration with presenters Robin Doyle, Douglas Szabo and the Hon. Judge Keith R. Kyle. What’s the one thing someone from outside your practice section should know? “We have a broad subject matter in our practice section, so be sure to watch our seminar advertisements, as you may want to attend a seminar that has some overlap with your practice area.” — Carlos Kelly
Tort Litigation Chair: P.J. Scheiner, Esq. Meetings: No regular meetings are currently scheduled, but plans are being made for future meetings. What’s the one thing someone from outside your practice section should know? “Promoting collegiality and across-the-aisle comaraderie has been a primary mission of the Torts Section. Few practice areas are more fraught with opportunities for adversarial engagement between counsel than tort litigation. The losses claimed by the plaintiff are often intimate, personal, and visceral. The contentions of wrongdoing leveled against the defendant(s) are similarly cutting. The financial consequences can be devastating, and both sides view their attorney as their voice, their defender and their personal white knight of justice. The financial considerations of contingent fee representation, the frustrations of insurance carrier clients, and specialization as a “Plaintiff’s attorney” or “Defense attorney” promote further polarization and retrenchment within the bar. By understanding the shared adversity of tort lawyers, we hope to enhance courtesy and collegiality while also elevating the level of tort litigation practice in Lee County.” — P.J. Scheiner
August 2018 | RES GESTAE
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legal lens
Second Annual Diversity Workshop & Luncheon The Second Annual Diversity Workshop and Luncheon on June 29 brought LCBA members together for a speakers panel and exchange of ideas. Attendees heard an update on gender diversity measures taken by The Florida Bar and personal accounts of the obstacles women and minorities face in the legal community.
Photos (top row): Hon. Devin George, Adriannette Williams, Ita Neymotin, Michael Higer 2nd row (l to r): Brent Rose, John Humphreville, Zachary Miller; Nishami Karunamuni, Hon. Josephine Gagliardi 3rd row (l to r): Michael Higer, John Webb; Grant Alley, Magistrate Kim Bocelli; Lisa Poulin, Kheila Perez Bottom row (l to r): Hon. Ramiro Manalich, Michael Higer; Noelle Branning, Ita Neymotin, Dan Endrizal, Adriannette Williams, Hon. Devin George Photo credit: Jim Jett Photography
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LCBA WELCOMES NEW MEMBERS Harley D. Brook The Offices of Jerry Perry, P.A. Sara A. Qureshi Henderson, Franklin, Starnes & Holt, P.A. Ashley L. Duncan Duncan & Associates, P.A. Kirushanthy Balachanthiran Florida Rural Legal Services Amanda C. Chazal Roetzel & Andress, L.P.A. Michael M. Rubenstein Akerman, LLP
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the dish BY CHELLE KOSTER WALTON
IMPRESSING BY DESIGN
T
he cocktails were so well-conceived, it worried me. With so much attention to drink recipes, infusions, and shrubs, would the “kitchen” component of the Point 57 Kitchen & Cocktails equation suffer? The 14-seat bar physically dominates the dining room as well. Sleek and contemporary, like the rest of the interior, it features a communal table plus a number of high-tops to double the vivacity of the space. Warm, slatted, variegated wood contrasts with clean, white ceiling tresses and designer pendant lighting. Wooden rods define the bar from the dining room, but both have a view of the display kitchen, which, it turns out, runs at the same caliber of excellence as the bar and its gregarious mixologists. “I won’t make the beet cocktail,” our bartender immediately informed us. Well, that helped narrow it down a tiny bit, although I’d likely not have ordered it anyway. And now it has been struck from the menu. Instead, I went for the Green Heat, and watched the bartender char a slice of lime to garnish the slightly fiery blend of gin, juices and bitters. Just my thing. I also tasted my husband’s Bitter Love (brandy
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and passion fruit) and shared with a friend the Owl Be Damned for two. A little sweet for my taste, it blends pineapple and sage-infused vodka with lime, demerara sugar, and pineapple cider. It comes in a big copper owl vessel, presumably a nod to Cape Coral’s famous burrowing owl population; a nice touch. When we dined with friends, the weather gave us permission to eat outside on the porch, which can get a little noisy from Cape Coral’s Del Prado Boulevard traffic, consisting of a lot of motorcycles that night. But flawless service and memorable meals balanced that inconvenience easily. I started with the house salad, a refreshing and light blend of greens, red onion, sunflower seeds, goat cheese and champagne vinaigrette for $7. Make it a meal with grilled salmon for $16. Also on the starter menu, ranging up to $14, I tasted the multidimensional pulled pork spring roll with smoked gouda and Carolina dipping sauce; the interesting blackeyed pea cakes with tomato gravy; and the fried oysters Photo at left: Point 57's clean, modern style inside. Photo at right: crab cake appetizer.
with Benton’s country ham, which added a bit too much saltiness for my palate.
Photos below, top to bottom: Steak Frites entree; Florida 57 signature drink; filet mignon, Point 57-style.
The menu often name-drops in that way. In the case of the smoked fish dip, Pine Island’s Barnhill Fisheries gets marquee mention. I’m already regretting not ordering that mullet dip as well as the truly original chicken wings. The menu describes the process for them to include brining, smoking, grilling and serving with cucumber sticks instead of the same-old stand-by.
black-eyed pea burger to the fish sandwich and handrolled meatball grinder.
Entrees are reasonably priced for the quality of product, ranging from $14 for a ground tenderloin-chuck burger to $28 for the Asian-inspired crusted red snapper with a shrimp cake and $29 for New Zealand lollipop lamb chops with mint chimichurri. (Dorothy, I don’t think we’re in Cape Coral anymore!) I went for the crispy pork shank with blue cheese risotto, spinach, and pear and apple chutney. It tasted at the same time like hearty home-cooking and divine intervention. I can also vouch for the cabernet braised boneless short ribs with mustard spaetzle. Most of the “from the land” plates have that quality of elevated folk food. Take, for instance, the beef stroganoff with fresh dill and the chicken and “dumplings,” the latter actually ricotta gnocchi. The seafood dishes might seem quite ordinary by name, but pink shrimp and grits incorporates Anson Mills heirloom grits and country ham. With the P57 Salmon, you get grilled gulf shrimp, a potato cake and lump crab beurre blanc. We did not make it to the dessert course this time. But if you’re looking to sweeten up a client or business associate, I would go for the brownies cockaigne, as illegal and addictive as they sound: chocolate brownies with candied peanuts, bourbon chocolate sauce and vanilla ice cream. I’m plotting a visit just to try that. For business lunches, the menu offers many of the same starters and downsized entrees, plus $10 hand-helds in a variety from Cuban pork tacos and the
Apple fritters and fried green tomatoes with pimento cheese star on the Sunday brunch menu. Any day, hang at the bar with clients and order off its exclusive menu of savory finger foods such as cheesesteak eggroll and chef’s daily deviled eggs, all items running $8 to $10. Point 57 is that kind of a place where you can meet for a fine craft cocktail that is guaranteed to break the ice, perhaps some shared appetizers or dessert, or a full-blown meal that will blow the socks off of anyone you might be hoping to impress.
3522 Del Prado Blvd. S., Cape Coral 239-471-7785 | Point-57.com Open for lunch Monday through Saturday 11 a.m. to 3 p.m. brunch Sunday 10 a.m. to 3 p.m. dinner Monday through Saturday 3-10 p.m. Sunday noon-8 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.
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100 CLUB Absolute Law Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Bergermann Law Firm Berrette & Zuppke, Attorneys 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 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. Kelleher Firm Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, P.A. Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group McQuagge Law Firm Men’s Rights Law Firm
The 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. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Yeslow & Koeppel, P.A.
Is your firm part of the 100 Club? Any firm with two or more attorneys and 100 percent 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.
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LCBA Judges Spotlight BY HON. JOSEPHINE GAGLIARDI
1. In high school, I was an exchange student to Helsinki, Finland, where I stayed with a Swedish family learning the culture, cooking, and bits of both Swedish and Finnish. 2. As a youngster, my Italian father wanted me to learn music and insisted on the accordion – “Lady of Spain” anyone? 3. As a lawyer, I participated in a group that sent a liaison (me) to U.S. Immigration headquarters in Houston, Texas, where I was able to learn about the inner workings of that office. 4. On vacations, my engineer husband takes me on really “exotic” trips, like the time he took me to Nova Scotia to see the tidal bore in the Bay of Fundy. 5. Because of my federal court experience, I am occasionally called upon to cover criminal duty in the U.S. District Court when all the other judges and magistrates attend conferences or are unavailable.
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August 2018 | RES GESTAE
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LCBA Members spotlight BY VICKI SPROAT, ESQ.
1. I wanted to be a singer, but I have zero musical talent. My high school music teacher promised to give me an A if I lip synched during our chorus performances. 2. I started working as a waitress when I was 15. I worked part-time in cafes, diners, country clubs, bars and cocktail lounges while attending high school, college and my first year of law school. I loved counting my tips at the end of a shift. 3. I began practicing law in Columbus, Ohio in 1978. I discovered Southwest Florida on vacation. In an uncharacteristic display of spontaneity, I decided to knock on the doors of Fort Myers law firms. I became the first female attorney at Henderson Franklin in 1980. I have enjoyed practicing law in this community for 38 years. 4. This year I opened Sproat Workplace Investigations, an employment law firm that conducts independent workplace investigations (SWlnvestigations.com ). I am really excited about my new venture. 5. My children have not followed in my footsteps. My son is pursuing his PhD in herpetology, the study of amphibians and reptiles. My daughter is a speech and language pathologist working on a clinical research study of swallowing disorders in patients with ALS. I am very proud of them.
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RES GESTAE | August 2018
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In The news Lee County Clerk of Courts Linda Doggett and Robert Shearman of Henderson, Franklin, Starnes & Holt, P.A., have been named the 2018-19 Campaign Chairs for the United Way of Lee, Hendry, Glades, and Okeechobee. The goal for their “Power of U” campaign is to raise $10,301,386. Both are United Way board members and allocations team leaders.
Travis Hayes of Grant Fridkin Pearson, P.A. has been honored with the Rising Star Award from the Real Property, Probate and Trust Law Section of The Florida Bar. The award recognizes a member of the section’s executive council who has demonstrated potential for future leadership of the section. Hayes currently serves as the chair of the section’s Probate Law and Procedure Committee. He is a Fellow of the American College of Trust and Estate Counsel and focuses his practice on estate planning, estate and trust administration, and estate, trust and fiduciary litigation. Suzanne Boy of Henderson, Franklin, Starnes & Holt, P.A. has become Florida Bar board certified in labor and employment law. Boy assists clients with all aspects of employment-related litigation, claims and counseling, and she is passionate about helping her clients proactively and cost-effectively resolve workplace issues. Boy is the editor of the Southwest Florida Employment Law Blog and chair of the firm’s HR Law & Solutions annual conference. She has been honored as one of Gulfshore Business Magazine’s 40 Under 40 and Business Observer’s 40 Under 40. Lee County Attorney Richard Wesch has been named president of the Florida Association of County Attorneys. He’ll serve a one-year term. He had previously been the group’s vice president. Before coming to Lee County, Wesch served as Citrus County Attorney, and he’s also been a private attorney, county administrator and sheriff’s office general counsel. The Florida Association of County Attorneys is a nonprofit dedicated to providing a forum for research, advice and discussion in the development of local government law. Gov. Rick Scott recently appointed Jonathan Martin of Parvey & Frankel, Attorneys, P.A. to the Florida SouthWestern State College District Board of Trustees. During high school, Martin was dual-enrolled at Edison State College, now known as Florida SouthWestern, before attending Stetson University and Liberty University School of Law. Martin is a plaintiff’s personal injury attorney with the firm in Fort Myers. He previously served with the State Attorney’s Office and took part in the prestigious Gerald T. Bennett Prosecutor/ Public Defender Trial Training at the University of Florida. Amanda Barritt of Henderson, Franklin, Starnes & Holt, P.A. has achieved the highest certification by The Florida Bar in Condominium & Planned Development Law. Barritt represents residential and commercial condominium, homeowners’ and property owners’ associations, nonprofit social and recreational clubs, developers, builders and individuals in all aspects of real estate development, operation, and condominium and property association law. She also handles general real estate legal matters, including drafting contracts and managing title issues in all types of real estate transactions.
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SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.
Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client. All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney. “Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office
JoeViacaVaLaw.com Main (239) 288-5969 • Cell (239) 410-8292 • Fax (239) 288-5572 Available 24/7 - “calls are put directly through to me, not an associate” Calls accepted ANYTIME from ANYPLACE TROUBLE may be found.
2036 McGregor Boulevard • Fort Myers, FL 33901
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 YO U !
“THERE IS ALWAYS A BETTER WAY...
find it ! ”
Inspired
— Thomas Edison
by our namesake’s famous words,
we strive to go above and beyond to exceed your expectations.
As the oldest locally owned community bank in Lee County, we are committed to delivering remarkable banking service to our customers every day in every way. We’re Standing Strong with Money to Lend. Experience the benefits of joining Edison National Bank/Bank of the Islands.
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.