Res Gestae - January 2018

JANUARY 2018

68 LCBA PRESIDENT Dan Endrizal th

A Straight Shooter who aims to put members first

DISINHERITING YOUR SPOUSE? Florida’s elective share makes it tricky

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

Thank you!

As we ring in the new year, our CopyLady family would like to thank the Lee County Bar Association and all of its members for a fantastic and fruitful 2017. We appreciate all that you do and wish you and your families, all the best for a healthy and prosperous 2018. Happy New Year.

“One of the most prized items in my office is my copier from CopyLady.

Why? Because I won it in 2014 at the LCBA Bench Bar Gala. I purchased raffle tickets every opportunity I had.

I remember telling everyone at my table to “be quiet” so I could hear the announcement of the winning number.

When my ticket was selected, I knew that it was going to be the best bar prom ever. The quality of the copier and the service I have received for 3 years could not be better. Cynthia and her team have been tremendous partners of the LCBA for many years. Cynthia is a true asset to business owners, the LCBA, and the Southwest Florida community.”

- Kelly L. Fayer, Esq

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

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President, Cynthia Duff, President

Cynthia Duff

Contents

features

AD DIRECTORY

20 68th LCBA President

Dan Endrizal

A Straight Shooter who aims to

Barbara Pizzolato

30

Boyle & Leonard, P.A.

25

Brad Jessen, Edward Jones

15

Business Observer

29

departments

Calvo & Calvo Attorneys at Law

31

Cheffy Passidomo, P.A.

32

6

CONRIC PR & Marketing | Publishing

34

Copy IT

25

put members first

by Chuck Myron

Letter from the President

by Dan Endrizal, Esq.

8 Letter from the Executive Director

20

by David A. Seitz

10 Calendar of Events 12

14

Ethically Speaking

9 32

Donna Tisch

35

Edison National Bank

BC

Services, PLLC

9

ENCORE Bank

38

General Civil & Business Litigation Practice Section

9

Fort Myers Court Reporting

23

Garvin Law Firm

15

Get Smart Bail Bonds

13

Henderson, Franklin, Starnes & Holt, P.A. 35 Joe Viacava Law

YLD Spotlight

IBC

Kempton P. Logan

30

Kushner & Kushner Attorneys

33

Law Firm of Scott T. Moorey

37

Law Offices of Dennis L. Webb

17

Law Offices of Kevin Jursinski

28

23 100 Club

Leonard P. Reina

31

Leslea Ellis, LLC

33

24 Legal Lens

Livingston Loeffler, P.A.

11

McHale, P.A.

29

Merit Court Reporting, Inc.

29

by Joel Hyatt, Esq.

18

18 Legal Lens

LCBA Holiday Party

LCBA Holiday Party

26 The Dish

Musca Law Office, Inc.

Kabab Village

28 LCBA Judges Care

26

Magistrate Kimberly Bocelli

30 LCBA Members Care

Patterson Eskin & Ball

33

Real Estate Advisory Services, LLC

15

Roetzel & Andress

31

Sheldon E. Finman, P.A.

Total QuickBooks Solutions

34 New Members

On the cover: Incoming LCBA Executive Council President Dan Endrizal, Esq.

36 In The News

Photo credit: Jim Jett Photography

RES GESTAE  | January 2018

33

The North Law Firm, P.A.

Vernon Guirguis, Esq.

3

Panther Printing

Spivey Law Firm, P.A.

Robert Anderson, Esq.

30 LCBA Members Care

4

Denise Kennedy

FineMark National Bank

by Richard Mancini, Esq.

16

DeMine Immigration Law Firm

Edwards Mediation & General Council

by Henry Lee Paul, Esq.

CopyLady IFC

7 5 13 7

Veranda Restaurant

11

Von Ahn & Associates

11

William DeForest Thompson Jr., LLC

17

SERIOUS INJURY AND DEATH CASES Auto Accidents Motorcycle Accidents Wrongful Death Slip and Falls Victims of Drunk Drivers

Main OfďŹ ce: 13400 Parker Commons Blvd.

Fort Myers, FL 33912

Serving ALL of Florida Randall L. Spivey, Esq. Board Certified Civil Trial Attorney

Randall L. Spivey

Letter from the president Happy New Year!

2018 ushers in the 68th Anniversary of the LCBA and I am honored to serve as your incoming President. I have been a member of the LCBA since 2001 and have had the opportunity to observe and participate in many of its charitable works.

I’d like to congratulate our 2017 President, Kelly Fayer, for her successful community service project, #KindLee. In 2018, I want to ensure the continuation of our many projects that give to the community and dedicate my focus to law enforcement, first responders and military service members. As lawyers, Pro Bono work is the most obvious way we can put our skills to good use. If each member will do one additional act of “charitable work” for our community, think of the difference we can make together!

My dad instilled in me from a very young age to serve my community. He was a Korean War veteran and led through example with his involvement in Rotary and Kiwanis. My first opportunities to serve my community in Toledo, Ohio were as an altar boy and through Boy Scouts. Through Boy Scouts, I learned valuable skills that would assist me during my life and throughout my military career.

I have had over 24 years of active and reserve military service starting as a private in the Army Reserve. After graduation, I received a regular Army commission in the Infantry as Second Lieutenant. I attended the Defense Language Institute and went on to become a Special Agent in Counterintelligence. I spent a significant amount of my service abroad in Latin America. These years provided the environment to not only master a second language, but to love the country I was born in and appreciate its many privileges.

Through my appreciation for my country, I have grown the same appreciation for my county. I am excited about the opportunity to work for you and with you as your President, keeping ever mindful ways we can all give back to the community. To that end, I look forward to sharing lots of good food and good times with all of you!

Daniel Endrizal, Esq. Dan.Endrizal@earthlink.net | 239.728.8555

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RES GESTAE | January 2018

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

Executive Director ~ David Seitz Administrative Coordinator ~ Lisa Poulin

EXECUTIVE COUNCIL President ~ Daniel J. Endrizal III, Esq. Vice President ~ John Webb, Esq. Board Members: Kathleen Smith, Esq. • Blake Hampton, Esq. Tiffany Pereira, Esq. • To Be Announced President Emeritus ~ Kelly L. Fayer, Esq. YLD President ~ Joel Hyatt, Esq.

COMMITTEES History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. 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 & Mary A. Cosmo, Esq. Annual Charity Golf Tournament Shannon Puopolo, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & Timothy McCan, II, 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. & Stephanie Russell, 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. & Matthew Linde, Esq. Solo and Small Practice Section Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.

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January 2018 | RES GESTAE

7

Letter from the executive director As I am writing this in December, all I keep thinking is that seeing “2018” on upcoming meetings feels like a joke. 2017 has flown by - for a short time it was literally blowing by. Some of that feeling has to come from the sheer number of events and programs the Bar Association accomplished this year.

For this issue, I wanted to roll up some of the numbers for the year and share just how much we have gotten done. I’m a techie, so seeing that I’ve received more than 5,113 emails and sent out 2,527 of my own was impressive, but drilling down, I discover of those 7,640 total missives, more than 1,500 were between Kelly Fayer and me alone. I sent more than 120 messages through Constant Contact, only missing the Tuesday “News You Can Use” once, but since the majority of Lee County was without power and internet, I think that week can get a pass.

For 2017, the LCBA’s total revenues set an all-time record, thanks to incredible participation from the memberships and the generosity of our sponsors (sponsorship was also an all-time high). We held more than 95 individual events, from the Shrimp Boil, Charity Golf Tournament, and Bench Bar Gala to the Practice Section CLEs and Socials. We hosted the County & Circuit Mock Trial Competitions, the Pro Bono Awards with FRLS and Law Week in May, all with record-setting attendance and participation. Thank you to all of the volunteers and participants who have contributed to making 2017 one of the most successful years by the numbers for as far back as my QuickBooks can see.

We still have some great events in the works! We’ll be taking the Bar-B-Q to the Alliance for the Arts on March 24, with the Honorable Chef Judges Branning and Lundy squaring off to see which is more loved, Surf or Turf. We’re looking for sponsors, and may offer a very special menu item only for those who support the event. The LCBA Foundation Golf Tournament has been locked in at the Plantation Golf Course on Saturday, May 19, and in response to constructive criticism, we will significantly increase the number of “refreshment” stations, and forming a special sub-committee to put together the absolute best silent and live auctions in Tournament History.

Forming the LCBA Foundation was another big accomplishment of 2017. From more than 21 applications for grant funding, we were able to award 15 community organizations with grants totaling almost $34,000. We will be following these projects as they initiate and grow. If you would like to volunteer with any of the organizations, please reach out to the Foundation board.

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

239.334.0047 resgestae@leebar.org

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 ASSOCIATE EDITOR Chuck Myron CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Kelly L. Fayer, Esq. David Seitz Henry Lee Paul, Esq. Richard Mancini, Esq. Joel Hyatt, Esq. Chuck Myron Magistrate Kimberly Bocelli Robert Anderson, Esq. Vernon Guirguis, Esq. Sara Fitzpatrick Comito

BILLING INQUIRIES 239.334.0047 Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association.

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

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

Copyright© 2017. Lee County Bar Association, Inc. All Rights Reserved.

No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association.

To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.

As we kick off the new year, we hope you will renew your membership and consider making your firm an annual sponsor to help bring the Lee County Bar Association to all new levels of success.

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

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RES GESTAE | January 2018

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January 2018 | RES GESTAE

9

calendar of events Some dates for 2018 Section Meetings have not been confirmed - Check our website for details!

January 12

March 30

Swearing in Luncheon

LCBA office and courts closed

2018 Executive Council 11 a.m. – 1 p.m., Sidney & Berne Davis Art Center. 2301 First Street, Fort Myers.

Please register online at www.leebar. org or by contacting Lisa Poulin at 239-334-0047.

January 15

Martin Luther King Jr. Day LCBA office and courts closed

February 2 and 3

Lee County High School Mock Trial Competition Attorney volunteers, please contact Shaina Zuppke at shaina@b-zlaw.com or Maria Berrette at maria@b-zlaw. com.

February 13 JA Law Day

8:30 - 11:30 a.m., Lee County Justice Center, Courtroom TBD. Co-sponsors: JASWFL and LCBA.

February 14

ADR Practice Section Meeting Noon - 1 p.m., Lee County Justice Center, Courtroom 4-O. Judge Laboda Liason, present.

February 16 and 17 Circuit Mock Trial Competition

Charlotte County Justice Center, 350 E. Marion Ave., Punta Gorda.

March 24

Annual Bench Bar-B-Q & Shrimp Boil

2 – 6 p.m., Alliance for the Arts, 10091 McGregor Blvd., Fort Myers. For more information and registration, please visit www.leebar.org.

Good Friday

Law Week Events* April 28 - May 4, 2018

Judge John S. Carlin, Chairperson for Law Week would like to personally thnk all of 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 any of the committee members for assistance.

Saturday, April 28 Law in the Mall

10 a.m. - 2 p.m., Edison Mall. This event is being coordinated by Attorney Ryan O’Halloran. Contact Ryan at (239) 3347212 or ryan@ohalloranfamilylaw.com.

Monday, April 30

Law Week Blood Drive

8:00 a.m. - 3:00 p.m. Attorney Luis Rivera is coordinating a Law Week Blood Drive. Lee Memorial “Bloodmobile” will be parked at the SE corner of Monroe St. and Dr. Martin Luther King, Jr. Blvd. Contact Luis at 239-344-1323 or luis.rivera@henlaw.com.

May 2

The Reception Cocktail Hour is from 4 - 5 p.m., serving complimentary beer, wine and hors d’oeuvres. The Reception is from 5 - 7. LCAWL Members - $20, NON-LCAWL Members - $25, Judges Complimentary. RSVP to (Dawn Jezik) at ddj@blslawyers.com.

Friday, 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 Street, Fort Myers.

Friday, May 4

Law Week Awards Luncheon

11:30 a.m. – 1 p.m., location TBA. LCBA Members - $25, Non-Members - $35, Judges Complimentary. The luncheon will honor 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 Department. The Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a very deserving member of our community.

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

ADR Practice Section Meeting

May 19

Thursday, May 3

The Plantation Golf & Country Club, 10500 Dartington Dr., Fort Myers. More information TBA.

Noon - 1 p.m., Lee County Justice Center, Courtroom 4-O. Judge Laboda Liason, present.

The Bar and Judiciary Appreciation Reception

The Lee County Association for Women Lawyers, Attorney Dawn Jezik is coordinating The Bar and Judiciary Appreciation Reception. Location TBA.

LCBA Foundation Golf Tournament

*Law Week Events are in blue

Visit us online at leebar.org to see the entire LCBA Annual Calendar. You can conveniently RSVP for upcoming events. Would You Like to Submit an Event? Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2017

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RES GESTAE | January 2018

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January 2018 | RES GESTAE

11

Ethically speaking

BY HENRY LEE PAUL, ESQ.

Rule 4-1.8 Amended Regarding Gifts to Lawyers and Appointment as Fiduciary

A

s of February 1, 2018, the comments to Rule 4-1.8 (Conflict of Interest; Prohibited and Other Transactions) are amended to clarify that Florida lawyers who create an estate plan for a client may only be appointed as a fiduciary after obtaining informed consent in writing from the client (See, SC16-1961). The amendment also states that such an appointment may not be procured by undue influence or improper solicitation.

The amendment makes the disclosure requirements more specific as opposed to the former reference to the provisions of Rule 4-1.7 (Conflict of Interest; Current Clients).

The amendment now clearly states that informed consent in writing is required. Additionally, the comments now state that the following disclosures must be made in writing: “who is eligible to serve as a fiduciary, that a person who serves as a fiduciary is entitled to compensation, and that the lawyer may be eligible to receive compensation for serving as a fiduciary in addition to any attorneys’ fees that the lawyer or the lawyer’s firm may earn for serving as a lawyer for the fiduciary.”

The amendment also removed the language that did not prohibit a lawyer from “seeking” to serve as a fiduciary. The amendment instead substituted language that does not prohibit a lawyer “from serving” as a fiduciary. This change is subtle and the guidance provided in the supporting documentation filed in relation to the amendment is not definitive as to the intent of the change.

Although the comment now specifically prohibits improper

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RES GESTAE | January 2018

solicitation, it does not reference Rule 4-7.18 (Direct Contact with Prospective Clients) and does not define solicitation.

Rule 4-7.18 exempts clients who have a “prior professional relationship” with the lawyer. This ambiguity leaves open the greater possibility of dispute in situations where the lawyer serves as a fiduciary in an estate plan that was created by the lawyer.

Additionally, the text of Rule 4-1.8(c) was changed from prohibiting solicitation of any “substantial” gift from a client.

The amendment now prohibits solicitation of “any” gift to a client. Any instrument that is prepared that provides for a gift to a lawyer may not be prepared by the lawyer or a member of the lawyer’s firm, unless the client is a family member.

This change was recommended by the Real Property Probate and Trust Law Section of The Florida Bar. The amendment is intended to eliminate ambiguity and reduce litigation over the meaning of substantial.

Taken together, these changes to Rule 4-1.8 and the comments are in line with the nationwide trend to be more restrictive and require greater disclosure and written consent requirements on lawyers in the area of estate planning and administration. ⚖ Henry Lee Paul is former Bar Counsel who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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January 2018 | RES GESTAE

13

General civIl & business litigation

BY RICHARD MANCINI, ESQ.

DISINHERITING YOUR SPOUSE? Florida’s elective share makes it tricky

I

n 2006 James Brown, the Godfather of Soul, died of heart failure, Have mercy! His will left his entire $100 million dollar estate to two trusts. One to pay for the education of his grandchildren and one to pay for education for underprivileged kids in Georgia and South Carolina. He specifically left nothing to his wife!

After he died in 2014, Mickey Rooney’s will (executed a month before he died), cut his estranged spouse out of his will totally.

Regardless of the size of the estate or the nature of the marriage, folks sometimes attempt to cut their spouses out of their will. Can you “disinherit” your spouse in Florida? The short answer is “not completely,” unless he or she agrees to it. A spouse may waive the right to the elective share by a marital agreement entered either before or after marriage.

The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent. This is called the “elective share.” Florida Statute §732.201. The elective share is an amount equal to 30 percent of the elective estate.

The law seems simple enough. A surviving spouse may elect to receive 30% of the estate, regardless of the terms of the will (even if the decedent tried to “cut her out” of the will). However, making the election and calculating the elective share can be a bit more complicated. It’s not just what the decedent’s probate estate has in it, the calculation includes much more.

Florida Statute §732.2035 sets forth which property enters into the elective estate and includes: the decedent’s probate estate; decedent’s interest in

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RES GESTAE | January 2018

homestead property; pay on death and transfer on death accounts; property held in joint tenancy and tenancy by the entireties (limited to decedent’s interest in the property); certain irrevocable transfers; decedent’s beneficial interest in the net cash surrender value immediately before death of any policy of insurance on the decedent’s life; property that was transferred during the 1-year period preceding the decedent’s death; and property passing directly to surviving spouse, and more.

So when preparing your estate planning documents or if there is a challenge about whether you can or will receive at least the statutory elective share, be careful to consider all of the above regarding the decedent’s property. The calculation can be complicated and can have substantial effects on what a surviving spouse can and will receive, even if there is an effort to “cut him out” of a will.

If James Brown was domiciled in Florida when he died and he had joint accounts with his wife, if he had ample life insurance or had other assets outside his probate estate that went to his wife, he could leave her nothing through testamentary distribution. She may have already received her “share.” ⚖

Richard Mancini is a Florida Supreme Court Certified Circuit Court Mediator, concentrating his practice at Henderson, Franklin, Starnes & Holt, PA in the areas of trust and estate litigation, contested guardianships, business litigation, banking & financial institutions and mediation and arbitration.

Richard handles contested estate and trust matters, breach of fiduciary duty litigation, and representation of the fiduciaries or beneficiaries of estates and trusts.

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YLD spotlight

BY JOEL HYATT, ESQ.

YLD CONTINUES TO MAKE A DIFFERENCE IN CHILDREN'S LIVES

2017

was a busy and successful year for the Young Lawyers Division of the Lee County Bar Association (the “Lee YLD”). Under the leadership of 2017 Lee YLD President, Kayla Richmond, our membership engagement increased through a guest speaker lunch series and we enriched the lives of area foster children through an ongoing partnership with the Children’s Network of Southwest Florida. We ended the year on a high note with a “Feliz Navidad” themed holiday party graciously hosted by Jarred and Jacey Duke. Thank you for a great year, Kayla.

The newly elected Lee YLD Executive Board hopes to continue that momentum in the new year. Our first stop is the 2018 Florida Bar YLD Affiliate Outreach Conference. The Affiliate Outreach Conference is an annual conference bringing together local young lawyer affiliates from across the state. The Florida Bar YLD plans to award more than $50,000 to local young lawyer affiliates for project grant funding.

Historically, the Lee YLD projects have placed an emphasis on improving the community through philanthropic activities focused on area children. In 2013, the Lee YLD helped fund a S.T.E.M. (science, technology, engineering, and mathematics) program at Child Care Southwest Florida. In 2014 and 2015, we partnered with Voices for Kids of Southwest Florida and its “Bedz for Kidz” program, providing beds and related items for children in the Lee County Guardian ad Litem program. In 2016 and 2017, we partnered with the Children’s Network of Southwest Florida for “Try-athlon” events. During these extremely successful events, young lawyers teamed with children in foster care and their foster families to participate in three sporting and community service events each year.

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RES GESTAE | January 2018

2018

our focus is childhood literacy. The Lee YLD will participate in the Early Learning Coalition of Southwest Florida’s “Literacy Buddy” program. Young lawyers will be partnered with a child in an early learning facility. The child will write letters to their partnered young lawyer. In response to the child’s letter, the young lawyer will send a letter and high-quality hardcover book to the child. During Law Week, young lawyers will visit local early-learning and elementary classrooms to read a lawyer-themed book to the class.

We hope that this year’s literacy initiative will improve childhood literacy in the community by inspiring children to enhance their reading, writing, and communication skills. These skills are the building blocks of our profession. We also hope to spark childhood interest in the legal profession through education and interaction between the young lawyers and the children of the community.

I hope you are as excited as we are about the good things to come in 2018! If you would like to get involved in the Lee YLD, please follow us on Facebook and contact Secretary Nicole Brunswick, Esq., at Nicole@itsmylegalright.com to be added to our email list. ⚖

Our next monthly lunch meeting will be held on Friday, January 5, 2018, at the Twisted Vine Barrel Room.

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.

January 2018 | RES GESTAE

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legal lens LCBA 2017 HOLIDAY PARTY AT THE EDISON FORD ESTATES Thank you to our members, their families,​​and friends who joined us to celebrate the holidays, as well as toast a successful year of accomplishments under Kelly Fayer’s year as LCBA board president. Thanks to event sponsors Kelly L Fayer, P.A., Goldberg Noone, LLC, and Law Office of Michael M. Raheb, P.A.

Photo credit: Jim Jett Photography

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RES GESTAE | January 2018

Legal Lens

Photo credit: Jim Jett Photography

January 2018 | RES GESTAE

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68 LCBA President Dan Endrizal th

A Straight Shooter who aims to put members first

BY CHUCK MYRON

Dan Endrizal is going to be stRaight with you.

The bracing honesty and humor of the 2018 Lee County Bar Association president is readily apparent from the moment he starts talking. He’ll make a stranger feel like an old friend -- a characteristic that goes with his belief that everyone should get a fair shot.

His 2012 pro bono award from the Florida Bar Association is testament to the down-to-earth values that have inspired him to make law enforcement officers, first responders and military members the focus of his LCBA leadership.

“They don’t get paid a lot of money,” Endrizal said. “If we can provide some legal help to them, some pro-bono work, I’m all for that.”

The military bond is strong for the nearly 20-year

20

RES GESTAE | January 2018

Army veteran who rose from an enlisted man to become a Special Agent in Army Counterintelligence and a magna cum laude graduate of the Defense Language Institute.

Such a decorated military career would be enough for most. But Endrizal’s father wanted more for his son, and after he not-so-gently prodded him to become either a doctor or a lawyer, Endrizal left active duty at the rank of Major and started down a new path. "I left active duty

January 2018 | RES GESTAE

21

and returned to the reserves. I went to law school and opened a private practice specializing in Estate Planning and Probate. Dad's ecstatic now," Endrizal said with his usual dry candor.

Endrizal has a great admiration for his father. He taught his son to cook, a skill that has since turned into a passion that’s he’s put on display at LCBA barbecues. They went together to service club meetings, where the younger Endrizal learned the value and importance of giving back. And Endrizal cites his father’s disdain for overtaxation as the reason why he chose probate and estate planning law.

“Growing up, probably when I was 6 years old, I learned what an after-tax dollar was,” Endrizal said.

“My dad could have a dollar, and he goes, ‘You know, I’ve got to make two of these to give you this one.’”

Endrizal opened his practice on First Street in Fort Myers after moving here from Miami to spend more time with his father. He’s been involved with the LCBA since 2001, serving in various capacities the past four years under the succession plan.

His presidency will mark at least one turning point in LCBA history, as he’ll be the last to serve under that succession plan. But he’s intent on making a much broader mark than that, judging by the commitment to service that’s been a consistent theme in his life.

Inspired by his father, Endrizal is a member of many service organizations including the Rotary Club of Fort Myers and the Elks Club - specifically Lodge No. 1414, in Balboa, Panama, the club’s southernmost outpost. That stems from the seven years he spent in Panama with the Army, a time when he fell in love with the country and its exotic flair and laissez-faire attitudes -- as well as the fishing that still draws him back for frequent visits.

He’d much rather cast his line in the tropics or go hunting than golf or watch sports.

Endrizal is looking for creative ways to make the LCBA serve its members. The 68th LCBA president is committed to putting members first.

“If there’s something the Bar can do to help you with your practice or help you personally, just let us know,” he said. “If we can do it, we’ll do it. That’s what we’re here for.” ⚖

Photos right top to bottom: Commemorative plaque of retirement as Army CI Special Agent, Dan in Corozal, Panama, Dan receiving the Pro Bono Award, Bar President Scott Hawkins with Dan, Endrizal fishing off the coast of Panama, Dan in Honduras.

22

RES GESTAE | January 2018

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

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

Prather and Swank, P.A. Patrone & Kemp, PA Pavese Law Firm Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein, Holz & King, P.A Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Strayhorn and Persons, P.L. The Law Office of Brantley Oakey The North Law Firm, P.A. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Wilbur Smith Attorneys at Law Yeslow & Koeppel, P.A.

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Post a kind act with the #KindLee hashtag to see your picture here.

In 2017, the LCBA launched the #KindLee campaign to inspire everyone in our community to be kind to others each and every day, and to report kind acts of kindness across social media platforms. As a result, hundreds of people of all ages posted kindly acts on social media with the hashtag #KindLee. The LCBA Foundation selected one participant and presented him with a $500 grant for a charity of his choice. Christian Irwin, a former boy scout, was selected and received a check for $500 at the LCBA Holiday party were he spoke to guests about his kind acts. Irwin credited his mom, pictured with him above, by saying "I am who I am because of my mom."

In addition, The Lee County Legal Aid Society was presented with a check from the LCBA for $19,200 from the 2017 Golf Tournament. The Foundation also presented them with a $3,000 grant award.

24

RES GESTAE  | January 2018

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the dish

BY SARA FITZPATRICK COMITO

Delicious

no matter how you spell it

F

attoush, labna, falafel and kibbeh are magical words one might hear shouted by vendors at a busy Middle Eastern open-air market. Those words have variations in the English spelling, but we’re not eating letters, are we? In case you don’t have access to one of the famous old souks of Tripoli, Lebanon or the crammed alleyway bazaars in the Muslim quarter of Jersualem’s Old City, you can get your fill of these delicacies and many more at Kabab Village just south of Page Field in Fort Myers.

LCBA Foundation President Beverly Grady and I were pleased to discover the vibrant colors, flavors and hospitality of Mediterranean cookery so close to home and served with a warm smile by owner Amjad Kasem. Amjad is a big man, with an even bigger passion to introduce Americans to the cuisine of his family’s kitchen in Jersualem.

Beverly had a head start, however, partly owing to the Roetzel & Andress Fort Myers team’s tradition of dining out every month at a different restaurant featuring a world cuisine. It was Ken Jones’ very good idea.

Just as Middle Eastern food names acquire creative spelling variations in English, the dishes at Kabab Village are beautiful interpretations of the classics.

Beverly opted for her favorite, the Vegetarian Deluxe, featuring hummus, labna, falafel, tahini sauce, vegetarian stuffed grape leaves, tabbouleh and babaghannouge. There are many spellings of this creamy roasted eggplant spread, but fewer than that of the late Lybian leader, Muammar Gaddafi – the bad Photo above: Beverly Grady

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RES GESTAE | January 2018

colonel’s name has more than 110 recognized spellings.

That’s some troubled history, so let’s get back to the food.

Incidentally, like its Lebanese namesake, Lybia’s Tripoli is also known for its souk culture. And hummus.

us can be Anthony Bourdain.

Sampling the street food at those open-air markets I mentioned would be a close second. Until I get any of those opportunities, it’s nice to know there’s authentic Middle Eastern cuisine just down the road on US 41, no matter how you spell it. ⚖

I was excited to try Kabab Village’s lamb shawarma platter, and was not let down. Shawarma is the process of piling meat on a spit, rubbing it with seasonings, slow cooking it and then shaving it off and warming on a griddle before serving. It’s the analog to Greek gyro. And tacos pastor. The ol’ internet satisfied my curiosity about that by explaining Lebanese immigrants brought shawarma to Mexico. The lunch satisfied my craving for heady saffron, the tang of sumac and that juicy/charred sweet spot that can only happen through long, gentle grilling. Pickled onions, a tomato and cucumber salad with mint, and tahini sauce sealed the deal. Who cares about the Styrofoam plates? This is about nourishing the soul. When asked “hummus or rice?” just say “yes” and get both and share the pita. Breaking bread is a universal language, you know?

Beverly has seen a lot of change in the region since starting as a young attorney in the late 70s as an assistant Lee County attorney. She later went on to work in the private sector and is now in her 20th year with Roetzel. Today she’s happy helping business and property owners solve their land use issues. She’s also excited to see more diverse cuisines represented on our landscape.

For those whose first experience with Middle Eastern cuisine will take place at this unassuming roadside storefront, Kabab Village is providing an important public service.

Scoring an invitation to a family’s home for dinner in Bani Suheila might be the ultimate introduction, but not all of

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LCBA Judges Care

Magistrate Kimberly Bocelli

Fort Myers Track Club, Board Member Soon after first signing up to run the Turtle Trot 5K at Lovers Key State Park in the spring of 2006, I started volunteering for Fort Myers Track Club (FMTC) and quickly learned how much work it takes to present a successful race.

Founded in 1978 to promote fitness through running, the non-profit 501(c)(3) organization hosts group training runs, a youth running program and a scholarship program, and organizes road and trail races. Popular races include the Turtle Trot, Edison Festival of Light 5K and the Hooters Half Marathon. FMTC provides assistance and timing services for races presented by the Fort Myers Police Department, Cape Coral Police Department, Lee County Foundation for Public Schools, Lee County YMCA, and Calusa Humane Society. The net proceeds from FMTC’s races are donated to various charitable causes.

Upon taking the bench in 2015, I had to retreat from financial and fundraising activities and have been focusing on the technical aspects of chiptiming races and assisting with the group training runs on Sunday mornings. The next time you participate in or attend a race, be sure to thank the volunteers that made it happen. www.ftmyerstrackclub.com. ⚖

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RES GESTAE | January 2018

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lcba members care

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IMAG History & Science Center, Supporter I served on the board of the Imaginarium Science Center prior to the merger with the Southwest Florida Museum of History. My kids are focused on having fun, but their interest in the educational aspects of the museum grows. I am not above tricking my children into learning.

The science center has been an avenue to expose our youth to science and STEM concepts they might not encounter outside of the school environment.

The creation of the IMAG History and Science Center represents an anchor where our local history, and the things that make our area unique, will be preserved. The social and environmental landscape of Southwest Florida is changing rapidly and that is not likely to change anytime soon.

The folks at IMAG have big plans for the Center, including renovation and expansion. The goal is to make the Center a regional destination and a highlight of our community. It will do this while continuing to serve our community at an affordable price. To get there, IMAG will need the continued support of our community, and I urge everyone to provide that support by visiting the Center. You can find out more about new and upcoming events and exhibits at theimag.org. ⚖

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I’ve been involved with our Lee County Teen Court program since 2012. Having been born and raised in Lee County, I feel an obligation to give back to our community, especially our youngest members.

In Teen Court, we give second chances to kids who have gone astray while still holding them accountable for their actions. Unlike our criminal courts, the goal of Teen Court is rehabilitation. If they successfully complete the program, there is no adjudication of guilt and no conviction on their record.

Teen Court also gives the participants an inside look at our court system while surrounding them with positive influences. To utilize the program, defendants must admit guilt. We then conduct a sentencing trial where they are tried and sentenced by their peers, i.e. local high schoolers.

Each session is presided over by a Florida barred attorney who considers the recommended sanctions of the jury, and sentences the defendants appropriately. Sanctions can include jury duty, community service, letters, workbooks, essays, life plans, restitution, and a myriad of other constructive sanctions.

If you’re searching for a “feel good” way to give back to your community, Teen Court may be just what you’re looking for!

Please direct your inquiries to Teen Court Director, Stacey Lowe, at SLowe@ca.cjis20.org. ⚖

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RES GESTAE | January 2018

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In The news

Pavese Law Firm attorney Katherine English has been elected chair of the SHARE Council for the University of Florida Institute of Food & Agriculture Services (IFAS), to serve 2017-2019.

The Special Help for Agricultural Research and Education (SHARE) Council is a volunteer-led group dedicated to the development of the IFAS program through the identification, cultivation and procurement of support on behalf of the nonprofit University of Florida Foundation, Inc., which assists the program’s efforts in education, research and outreach to address important issues including water conservation, hunger, natural resources, development of healthy lifestyles and more.

The seventh novel by attorney John D. Mills has just been released. “Pineland Gold” is available in paperback and Kindle version on Amazon.com.

When Frank Powers and Beth Mancini travel to Pineland for their friends’ wedding, they never imagine that the joyous event will end in tragedy. What begins as a group hunt for buried gold dissolves into a grisly murder scene when two people are found dead and a suspect is arrested.

Frank, along with his legal rival, Charley Kline, battle for the jury’s verdict, unraveling dark secrets as the story surges toward its shocking conclusion.

U.S. News & World Report has announced Garvin Law Firm has been ranked in the 2018 U.S. News – Best Lawyers “Best Law Firms” list. In addition, Founding Partner Jeffrey R. Garvin has been recognized as the 2018 Fort Myers Lawyer of the Year in the practice area of Personal Injury Litigation – Plaintiffs.

Garvin is a Board Certified Civil Trial Lawyer who has litigated catastrophic injury and death cases throughout the country for more than 30 years and who works as a team with his son Leland Garvin at Garvin Law Firm.

Beth Vogelsang has been recertified by The Florida Bar as a Board Certified Divorce, Marital and Family Law expert, a designation she initially received in 1992.

With more than 30 years of experience in the courtroom, Vogelsang represents clients of Henderson, Franklin, Starnes & Holt, P.A., in all aspects of divorce proceedings. Her clients come from vastly different walks of life, including business owners, professional athletes, physicians, lawyers, teachers, managers, homemakers and retirees. Vogelsang also represents clients needing prenuptial and postnuptial agreements and handles international and interstate child custody disputes. She is also a member of the firm’s Executive Committee.

Robert E. Anderson, Jr. has been named a partner at the law firm of Yeslow & Koeppel PA. Anderson concentrates his practice in the areas of construction defect, premises liability and auto negligence. He also practices in appellate law.

Prior to attending law school, Robert served in the United States Marine Corps Reserve where he managed the information systems for an aviation squadron and served as a marksmanship instructor for his unit. He then landed an internship with the U.S. Attorney’s Office in Tampa, which led him to law school at the University of Florida.

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

36

RES GESTAE | January 2018

In The news

Dan Stengle has joined Associates and Bruce L. Scheiner, Attorneys for the Injured, as senior litigation and appellate attorney. He brings varied experience as a lawyer in private practice and an extensive background in public service.

Most recently, Stengle was in private legal practice, where among his specialties was challenging misleading ballot measures. Previously, Stengle served in various capacities on behalf of Florida Governor Lawton Chiles. A career highlight was writing Governor Chiles’ veto of a bill that would have seriously curtailed the rights of injured plaintiffs in seeking damages from those who harm them through negligence or other unlawful acts.

Jennifer Siegal-Miller has joined Henderson, Franklin, Starnes & Holt, P.A., focusing on guiding clients through the family law process, including dissolution of marriage, adoption, paternity, child support and spousal support enforcement. Previously, Siegal-Miller practiced in Naples and New York City. In New York, she worked with a boutique Manhattan firm representing foster care agencies and adoptive families in private and state-subsidized adoptions.

Siegal-Miller is a new parent ambassador at the Community School of Naples and is a member of the Mitzvah Day Committee and Preschool Advisory Committee at Temple Shalom in Naples.

Naples Daily News’ third annual 25 Over 50 Awards recently honored Sharon Hanlon of Zelman & Hanlon, P.A.; Craig R. Woodward of Woodward, Pires & Lombardo, P.A.; and, Yale T. Freeman of Yale T. Freeman, P.A. Supporting his colleagues was Patrick Neale of Patrick Neale & Associates, a 25 Over 50 Award winner in 2016. The 25 Over 50 Awards salute leaders in Collier and Lee Counties who continue to leave an imprint with their professional achievements, philanthropic missions and leadership abilities.

Hayley E. Donaldson has joined Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A., assisting clients with tax and estate planning, developing wills, trusts, and related estate planning documents and guiding families in trust administration and probate matters.

Donaldson graduated first in her class from University of Florida’s Levin College of Law, where she was a member of the Florida Law Review and Volunteer Income Tax Assistance (VITA) program, which assists lower-income individuals with annual tax returns. She is a licensed Certified Public Accountant and was previously an internal audit consultant at Protiviti.

xx

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WE M A K E B A NK I NG A BO U T Y O U !

“We’ve been a customer for 20 years, and they have always treated us like family.”

We have a family business, and after 20 years of banking with Edison National Bank, we can honestly say their team makes us feel like family! Their personalized service goes above and beyond and they just keep earning our business again and again, year after year.

What they say is true...They make banking about you!

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.