Res Gestae - June 2018

JUNE 2018

The #KindLee Kid Youthful inspiration

Legal Aid A fresh approach

The Foundation Making strides in year 2

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

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Contents

On the cover: Christian Erwin and LCSO K9, Sabr

AD DIRECTORY

Photo credit: Jim Jett Photography

features

20

20 LCBA Foundation

poised for

greater impact

22 #KindLee winner

to honor legacy of

last child

34

by Chuck Myron

by Chuck Myron

34 New leaders

invigorate legal aid society

by Chuck Myron

18

Letter from the President

by Dan Endrizal, Esq.

30 18 Legal Lens

LCBA Law Week

8

Letter from the Executive 26 #KindLee Spotlight

by Justin Stockman, Esq. Director

by Lisa Poulin

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq. 14 Practice Section

Appellate Law

by Alex Brockmeyer, Esq.

16 YLD Spotlight

by Joel Hyatt, Esq.

30 The Dish

Lynq

32 Legal Lens

LCBA Golf Tournament

38 LCBA Judges Spotlight

by Hon. Elisabeth Adams

40 LCBA Members Spotlight

by Kathy Smith, Esq.

42 In The News

IFC

Brad Jessen, Edward Jones

15

Britton G. Swank, P.A.

27

Business Observer

15

Calvo & Calvo Attorneys at Law

27

CONRIC PR & Marketing

38

Copy IT

39

CopyLady 7 DeMine Immigration Law Firm

9

Denise Kennedy

29

Donna Tisch

21

Edison National Bank

BC

First Florida Investigations

39

Fort Myers Court Reporting

25

Garvin Law Firm

21

Get Smart Bail Bonds

33

Henderson, Franklin, Starnes & Holt, P.A. 40 Joe Viacava Law

departments 6

Acreage for Sale

IBC

Joshua Tree Counseling

28

Kelleher Firm

17

Kushner & Kushner Attorneys

29

Law Firm of Scott T. Moorey

36

Law Offices of Dennis L. Webb

17

Lee County Legal Aid

11

Leonard P. Reina

33

Leslea Ellis, LLC

11

Livingston Loeffler, P.A.

33

McHale, P.A.

41

Merit Court Reporting, Inc.

13

Musca Law Office, Inc.

3

Panther Printing

41

Ringsmuth, Day & O'Halloran, PLLC

25

Robins/Kaplan, LLP

27

Roetzel & Andress

39

Sheldon E. Finman, P.A.

41

Simon M. Harrison

15

Spivey Law Firm, P.A. Sproat Workplace Investigations

5 9

The North Law Firm, P.A.

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Total QuickBooks Solutions

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Veranda Restaurant

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Von Ahn & Associates

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William DeForest Thompson Jr., LLC

26

It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the Executive Director of the Lee County Bar Association, David Seitz at info@leebar.org or admin@leebar.org or (239) 334-0047.

4

RES GESTAE  | June 2018

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Letter from the president I’d like to thank everyone who contributed their time to making the LCBA Foundation Charity Golf Tournament a success, especially tournament CoChairs Ken Jones and Shannon Puopolo.

If you enjoyed the golf tournament, I’d encourage you to stay tuned for the wine tasting and other foundation events later in the year.

I’m proud to acknowledge that the foundation gave a total of $33,847 in grants to 15 community organizations last year, the first year that the foundation gave grants.

Please see page 20 for more on why the foundation is so important and the direction they are taking this year.

We are looking forward to the Diversity and Inclusion Committee’s lunch on June 29. We will have Florida Bar President Michael J. Higer in attendance, and I am looking forward to meeting him.

I want to wish all the fathers a Happy Father’s Day and close with a father-son life lesson I’ll never forget.

My father was a sailing enthusiast, and I was raised sailing at a young age. Although he was an orthodontist, he and his two sailing buddies decided to modify a sail boat for competition. While racing along in the Lake Erie Series (1973), 40 miles out, a cowling snapped and water began filling the boat.

I was 14 years old at the time and tasked with a hand pump for the galley. With all the pumps running and still the water at my knees, I said, “Dad! The water is still rising!”

With all the authority of a captain on his ship, he replied, “Shut up and pump, son!”

Happy Father’s Day, Dad!!

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

6

RES GESTAE | June 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. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & R. Noelle Branning, Esq. #KindLee Amanda Bartley, Esq. & Kelly L. Fayer, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Alex Brockmeyer, Esq. & Matthew Irwin, Esq. Criminal Law Marisa Boysen, Esq. & Leah Harwood, Esq. Elder Law Blake Hampton, Esq. & Amy McGarry, Esq. Family Law Magistrate Gilberto Perez & Kati Calvo, Esq. General Civil & Business Litigation George Knott, Esq. & Carlos Kelly, Esq. Land Use & Governmental Law Amanda Brock, Esq. & Erica Woods, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. & 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| RES GESTAE June 2018

7

Letter from the executive director Summer has begun!

I love summertime because it is vacation time for me. The first week of June is my vacation week. Yay! I will be traveling back to my home state of Maine from May 31 to June 10.

Yes, I am a “Mainah”!

(I had to throw in a little Maine accent for you.)

My sister and I are hosting a Poulin family reunion June 3. We are very excited to connect with family and friends. My 16-year-old son, Joseph, will be traveling with me, and he’s also looking forward to our trip. I went back to Maine for a short visit in 2016, but Joseph has not been back since 2009. We plan to do a lot of sightseeing, hiking, whitewater rafting, visit Old Orchard Beach and eat lots of yummy Maine “lobstah.” I might even rent a “cah” and drive to “Bah Hahba,” known to the rest of you as Bar Harbor. It will be a wonderful vacation, and I am looking forward to it.

Kheila Perez, our new Lawyer Referral Service Coordinator, will be at the Bar office holding everything down until I return, so if you need assistance, please don’t hesitate to give her a call at 239-334-0047, ext. 101.

June is also the month of our Second Annual Diversity Luncheon. There will be a panel of speakers, and our special guest will be Florida Bar President Michael Higer. The event will be Friday, June 29 from 11:30 a.m. to 1 p.m. at the Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. The cost will be $25 for LCBA members, $35 for non-members and free for judges.

Be sure to visit our website at leebar.org/events/ calendar for any updates or changes.

Finally, I would like to thank all the golf committee members for putting together another great golf tournament, and to the volunteers who donated their Saturday to come out and help. I appreciate all of you very much. The event was amazing, and I couldn’t have done it without all your support.

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

8

RES GESTAE | June 2018

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. Alex Brockmeyer, Esq. Joel Hyatt, Esq. Chuck Myron Chelle Koster Walton Hon. Elisabeth Adams Kathy Smith, 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.

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9

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

June 1

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., 3 Pepper Burrito Co., 2231 First St., Fort Myers. All attorneys under age 35 or in their first five years of practice are invited to attend.

June 8 Real Property, Probate & Trust Law Practice Section Meeting Noon-1 p.m., Courtroom 4R, Lee County Justice Center, 1700 Monroe St., Fort Myers. Topic: Tax Cuts and Jobs Act 2017. Speaker: Amy Dalen of Hill, Barth & King LLC. For more information and registration, please visit www.leebar. org/events/calendar.

June 21

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.

June 29

LCBA Diversity Luncheon

July 6

Young Lawyers Division Monthly Lunch Meeting

LCBA office and courts closed

September 7

July 12

Noon-1 p.m., location TBD. All attorneys under age 35 or in their first five years of practice are invited to attend.

Criminal Law Practice Section Lunch Meeting

Noon-1 p.m., The Barrel Room, 2214 Bay St., Fort Myers.

July 19

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 3

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., location TBD. All attorneys under age 35 or in their first five years of practice are invited to attend.

August 15

July 4

August 16

LCBA office and courts closed

Labor Day

Noon-1 p.m., location TBD. All attorneys under age 35 or in their first five years of practice are invited to attend.

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

Cost for members is $25, non-members $35 and judges complimentary.

Register online at www.leebar.org/ events/calendar.

Independence Day

September 3

Alternative Dispute Resolution Meeting

Noon-1 p.m., Courtroom 5I, Lee County Justice Center, 1700 Monroe St., Fort Myers.

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.

Young Lawyers Division Monthly Lunch Meeting

September 13

Criminal Law Practice Section Lunch Meeting

Noon-1 p.m., The Barrel Room, 2214 Bay St., Fort Myers.

September 20

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.

October 7

Young Lawyers Division Monthly Lunch Meeting

October 18

Family Law Section Brown Bag Lunch

October 31

Alternative Dispute Resolution Practice Section Meeting

November 9

Bench Bar Gala

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

Thank You to our Annual Sponsors for 2018

10

RES GESTAE  | June 2018

Hosted by Diversity and Inclusion Committee Committee chairs Ita Neymotin, Esq. and R. Noelle Branning, Esq.

June 29 11:30 a.m. - 1 p.m.

Sidney & Berne Davis Art Center

Florida Bar President Michael Higer returns after speaking at last year's event about diversity initiatives Cost for members is $25, non-members $35 and judges complimentary. Register online at www.leebar.org/events/calendar.

New Leadership New Direction

We look forward to collaborating with members of the LCBA throughout 2018 and beyond.

Andrew J. Banyai, Executive Director Andrew@LeeCountyLegalAid.org

Blair J. DeMinico, Legal Director

BDeMinico@LeeCountyLegalAid.org

239.334.6118 LeeCountyLegalAid.org 2040 Virginia Avenue, Fort Myers, FL 33901

Certified Public Accountant ď ­ Certified Fraud Examiner

Second Annual Diversity Luncheon

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(239) 690-6500 June 2018 | RES GESTAE

11

Ethically speaking

BY HENRY LEE PAUL, ESQ.

OWNING UP:

Lawyers must admit mistakes

T

he obligation to effectively communicate with a client includes the duty to inform the client of a material mistake during representation, according to recent ABA Formal Opinion 481. The opinion defined a material error by stating “a disinterested lawyer would conclude that it is (a) reasonably likely to harm or prejudice a client; or (b) of such a nature that it would reasonably cause a client to consider terminating the representation even in the absence of harm or prejudice.”

Although this definition, as with many ethical issues, does not present a bright-line rule, it should put a lawyer on notice to consider the transparency they owe their clients.

I often advise that, when in doubt, the best practice is to disclose.

In support of this conclusion, the ABA opinion cited The Florida Bar v. Morse, 587 So 2d 1120 (Fla. 1991). In that case, the lawyer concealed from the client the fact that he had missed the statute of limitations for filing a personal injury complaint.

Prior to the expiration of the statute of limitation, the lawyer had received a settlement offer for a personal injury claim. The lawyer did not accept the offer and did not file a lawsuit. Instead of advising the client when the statute of limitations expired, the client was informed that the last offer was all that could be obtained.

The lawyer sent a check, from the law firm trust account, to the client in the amount of the last offer to the client.

The lawyer never advised the client that the defendant withdrew their offer after learning about the expiration of the statute of limitations or that the funds were provided by the law firm.

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RES GESTAE | June 2018

The ABA opinion also relied on The Florida Bar v. Varner, 780 So. 2d 1 (Fla. 2001). In the Varner case, the lawyer mistakenly represented to the insurer that a personal injury lawsuit had been filed. Based, in part, on that representation, the insurer agreed to settle the claim and include the cost of the filing fee in the amount of the settlement. The adjustor requested a copy of the notice of voluntary dismissal as a condition of the settlement. When the lawyer discovered that the suit had not been filed, he made up a fictitious case number and sent the made-up pleading to the insurer.

The court in the Varner case stated “an error is made in the representation of a client, but instead of the error being admitted, an attorney develops a deception to cover up the error so that it will go undetected. Varner’s error in representing that a suit had been filed was pardonable and correctable upon his learning that such a suit had not in fact been filed. However, Varner … instead chose to keep this truth to himself and hatched a scheme to conceal the error. Varner’s decision to go forward with a deception rather than honestly admitting to his mistake is … contrary to the most basic requirement of candor … .”

The ABA opinion and the supporting case law give life to the adage that the cover-up is worse than the crime. ⚖

Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters.

He also represents applicants in all matters before The Florida Board of Bar Examiners.

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13

Appellate Law PRACTICE SECTION

BY ALEX BROCKMEYER, ESQ.

DISTRICT COURTS OF APPEAL DISAGREE on how to stay execution on money judgment pending appeal

D

ifferent jurisdictions, different interpretations. Rule 9.310, Florida Rules of Appellate Procedure, controls how a party can stay execution on a final or nonfinal order pending appellate review, including a money judgment. Fla. R. App. P. 9.310(a). Traditionally, a party could only stay execution on a money judgment by posting a bond that encompassed the full amount of the judgment plus interest. E.g Kulhanijan v. Moomjian, 105 So. 2d 783, 784 (Fla. 1958). But now a conflict exists between the District Courts of Appeal on whether Rule 9.310(b)(1) is the only way to stay execution on a money judgment.

In Platt v. Russek, 921 So. 2d 5 (Fla. 2d DCA 2004), the Second District addressed under what conditions a party can stay of execution on a money judgment pending appellate review. Citing the Third District’s decision in Campbell v. Jones, 648 So. 2d 208 (Fla. 3d DCA 1994), the judgment-creditors argued the only way to obtain a stay of execution on a money judgment was by posting “a bond equal to the amount of the judgment plus two years of interest at the statutory rate….” Platt, 921 So. 2d at 7.

The Second District disagreed with the Third District’s interpretation. Id. The court interpreted Rule 9.310 to permit two types of stays. First is an automatic stay obtained under Rule 9.310(b)(1) by posting the requisite bond. Id. Second is a stay obtained by motion under Rule 9.310(a), where a court imposes certain conditions, which may not guarantee full payment of the judgment, but at the same time, do not prejudice the judgment-creditor — a stay the Third District does not recognize. Id. The express and direct conflict between the Second and Third District has increased since Platt. In 2006, the Fourth District agreed with the Third District and held that a trial can only stay execution under Rule 9.310(b)(1) Caruso v.

Caruso, 932 So. 2d 457, 458 (Fla. 4th DCA 2006). A little

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RES GESTAE | June 2018

over a year ago, the First District joined the Second District and held “that [R]ule 9.310(b)(1) is not the only avenue for obtaining a stay of a money judgment. A trial court has the authority, upon the motion of a party pursuant to rule 9.130(a), to enter a stay upon conditions other than a bond, so long as the conditions are adequate to ensure payment.”

Silver Beach Towers Property Owners Ass’n, Inc. v. Silver Beach Investments of Destin, LC, 231 So. 3d 494, 495 (Fla. 1st DCA 2017).

Recognizing the conflict, the First District certified conflict with the Third District. But the Florida Supreme Court did not accept jurisdiction. Silver Beach Investments of Destin, LC v. Silver Beach Towers Property Owners Ass’n, Inc., 223 So. 3d 997 (Fla. 2017). For now then, the conditions on which a judgment-debtor can stay execution on a money judgment pending appellate review depends on the jurisdiction.

In the Third and Fourth District, a stay can only be obtained under Rule 9.310(b)(1) by posting a bond in the amount of the judgment plus interest.1 In the First and Second District, a party can obtain a stay of execution under Rule 9.310(a) predicated on conditions other than a bond. ⚖

1 The Waves of Hialeah, Inc. v. Machado, 3D18300 (Fla. 3d DCA 2018), indicates the Third District will deviate from this rule based on Section 45.045, Florida Statutes. Id. at 4-7. Section 45.045 gives courts discretion to stay execution pending review by imposing conditions other than a typical Rule 9.310(b)(1) bond. Fla. Stat. §45.045(2). However, Section 45.045(2) does not apply where the appellant has “an insurance or indemnification policy applicable to the case.” Id. Alex Brockmeyer is an attorney at Boyle & Leonard, P.A. He focuses his practice in appellate and original proceedings in both state and federal court.

Don’t Get Swayed by These Investment “Myths” Every activity has some “myths” attached to it – and investing is no different. Here are five common investment myths: Myth #1: You can find the next “big thing.” Don’t waste time trying to find the next Apple or Microsoft. Instead, look for investments appropriate for your needs.

Myth #2: Investors should always seek to “buy low and sell high.” Don’t try to “time” the market. Keep investing through the highs and lows, based on your goals and risk tolerance.

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15

YLD spotlight

BY JOEL HYATT, ESQ.

The Second District Court of Appeal: Live in Lee County

A

capacity crowd of law students, young laywers and veteran attorneys jammed Courtroom 4-B of the Lee County Justice Center. Extra seats were added as they came on May 4 during Law Week to see the Second District Court of Appeal hear oral arguments.

“How is that relevant to the legal issues before us?” The importance of familiarity of the record was displayed when, during argument of counsel, the panel interjected, “We do not know that from the record.” The importance of knowing the law was illustrated when the panel asked counsel for their single best case for a particular legal proposition.

The panel of judges included Chief Judge Edward C. LaRose, Judge Morris Silberman, and Judge Samuel J. Salario Jr. The judges heard oral arguments for appeals of three local cases. The issues ranged from constitutional due process to a breach of lease in a high-profile Naples shopping center.

While oral argument, and appellate practice in general, may seem intimidating, there are various resources available to assist young lawyers new to it. The Florida Bar Young Lawyers Division’s “Mentoring with the Masters” video series has an entire section devoted to appellate law. The topics include “Initiating an Appeal,” “Brief Writing,” and “Oral Arguments.” These resources are invaluable to young lawyers entering appellate practice, and they are available at https://bit.ly/2jNz3A3.

The event was a must-attend for any area young lawyer who practices, or wishes to someday practice, appellate law. Observing oral arguments helps attorneys gain a better understanding of the process and increases their preparedness for participating in oral argument themselves.

On its website, the Second DCA provides its “Best Practices in Oral Argument” in a document titled “Practice Preferences.” (Access it at https://bit.ly/2I48jJT) Observing oral arguments provides an opportunity to witness these best practices in action.

The best practices stress that counsel should know the case, the briefs, the record, and the law. Specifically, the Second DCA advises that “[b]ecause any issue that has been raised in the brief might be the subject of a concern or question from the panel, it is imperative for counsel to know the case, the record, and the procedural development of the underlying litigation.”

The importance of knowing the case was evidenced when the panel asked counsel, upon a recitation of certain facts,

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RES GESTAE | June 2018

If you were unable to attend and would like to observe oral arguments in the future, the Second DCA livestreams video of oral arguments on its website at http://www.2dca/ OralArgumentCalendar/oa-streaming.shtml.

Thank you to Chief Judge LaRose, Judge Silberman, Judge Salario and Marshal of the Court Jacinda Haynes for providing the law students and young lawyers of Lee County with this wonderful learning experience. ⚖ 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 20th Judicial Circuit Pro Bono Committee

June 2018 | RES GESTAE

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legal lens

LCBA Law Week The LCBA's 25th recognition of Law Week, held April 28 through May 4, brought together attorneys, judges, law enforcement and the community for several events that cultivated greater legal access, understanding and respect.

It began with free legal advice at the Edison Mall, included a blood drive and open court proceedings, and culminated with an awards ceremony that honored police officers, teachers and other community leaders.

1) Mike Washington, Gabriella Fernandez, Mariah Washington, Karla Campos-Andersen, Kimberly Rice 2) Tiana Green and Kelly Fayer 3) Hon. Lee Schreiber and Dorina Soumastre 4) Ryan O'Halloran, left, organized Law in the Mall 5) Travis Russell, left, and Kelly Fayer were among the attorneys who gave free legal advice at Law in the Mall 6) Luis Rivera coordinated the Law Week Blood Drive and took part, too. 7) Hon. Archie Hayward, John Noland, Hon. Andrew Swett 8) Randy Henderson, Mike Denham, Kevin Ruane, Joe Coviello 9) Brian Hamman, Fred Burson. 10) Fort Myers Police Officers Randall Pepitone, Lesa Breneman and Jay Rodriguez 11) FMPD Law Enforcement Officer of the Year Sgt. Lesa Breneman 12) Cape Coral Police officers 13) All four Law Enforcement Officers of the Year: Sanibel Det. John Eicher, Fort Myers Sgt. Lesa Breneman, Lee County Deputy Michael Truscott and Cape Coral Sgt. Chuck Caruso.

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Photo credit: Jim Jett Photography

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Special FeAture

BY CHUCK MYRON

Lee County Bar Association Foundation

poised for

GREATER impact

Golf tournament sets tone for expansion meaning a similar result this year will give the foundation It’s time to grow. almost as much as it gave out in 2017. Plus, the The Lee County Bar foundation will once more benefit from a wine tasting, set Association Foundation for September. debuted last year, and as Ultimately, Puopolo wants to see two more foundation with all new endeavors, there was a learning curve. benefits on the yearly calendar.

“As lawyers, we have a responsibility to do good in the “It opened our eyes to community,” she said. “I think we all are fortunate to have the amount of need there the positions that we have, and we have to make good use is in the community and of them. I think it’s great that we’re able to give back to how many worthy causes those less fortunate.” there are,” said Shannon The foundation will continue to look for organizations Puopolo, the foundation’s aligned with its mission as it chooses where to distribute treasurer for 2018 and Shannon Puopolo, Esq. its grants this fall. The priority will be on groups that a member of the board LCBA Foundation Treasurer provide legal aid to the indigent, support charitable of directors since its endeavors benefiting youth and the underprivileged, or inception. “It further inspired us to do even better this promote education and community awareness of the law. year.”

But the foundation doesn’t hesitate to venture farther The foundation gave out $33,847 in 2017, spreading afield. Grants went to a broad spectrum of endeavors last it among more than a dozen charitable organizations. year — Partners for Breast Cancer, the Southwest Florida Foundation leaders haven’t established a specific goal Regional Human Trafficking Coalition and the Deaf and for the amount of money they'll distribute this year, but Puopolo is almost certain it will top last year's figure. That Hard of Hearing Center were among the recipients.“We confidence comes in large measure because of the success try to meet as many needs as come across our desk,” of the LCBA’s annual golf event, which took place May 19 Puopolo said.

That wide net fits with the foundation’s goal of at The Plantation Golf and Country Club. increasing its visibility outside the bar and in the For the first time, it benefited the foundation community at large. To do that, support from bar exclusively, carrying the new title of the LCBA members will be crucial. Puopolo sees opportunity Foundation Charity Golf Tournament. among those who haven’t traditionally “I know that people go to have a LCBA Foundation given in the past. good time, but it’s also important for 2018 Board of Directors “For attorneys who don’t have the people to know they’re really making time to spend doing pro bono work, a difference,” Puopolo said. “A lot of Scott Atwood, president they can give back even by donating the funds we were able to give out Shannon Puopolo, treasurer Michael Randolph, secretary funds to the foundation, and that to charities last year, and what we’ll Beverly Grady, past president makes an impact,” she said. give out this year, is a direct result of Kristalyn Loson The foundation is focused now on the money that we raise at the golf Cedric Hall making that impact felt as far and as tournament.”

David Seitz wide as possible. ⚖ Last year’s event raised $25,000, John Webb Lisa Poulin, as LCBA Executive Director

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RES GESTAE | June 2018

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June 2018 | RES GESTAE

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award winner to honor legacy of lost child

By Chuck Myron

H

e hasn’t started middle school yet, but 10-yearold Christian Erwin has already learned the most important lessons in life.

Tears welled in #KindLee Co-Chair Amanda Bartley’s eyes as she watched Christian announce that he’d put the $500 #KindLee grant he won last year toward the creation of a 5K that will benefit St. Jude’s Children’s Research Hospital.

Christian will make the donation to St. Jude’s in the name of the unborn baby Bartley lost to a rare umbilical cord accident.

“It will give her more hope and make her more happy,” Christian said when asked why he chose to honor the Bartley family, who are expecting another baby in July.

Christian delivered his words from the podium of the press room at Lee County Sheriff ’s Office headquarters.

Undersheriff Carmine Marceno met Christian at the LCBA Holiday Party last year, when Christian received the #KindLee award, and he and other deputies set up the May 8 tour of headquarters for Christian, his mother Kimberly and #KindLee representatives.

“Carmine was up there on the stage with Christian, and he said, ‘I want to give you a tour,’ and he didn’t even know

Christian wants to be a deputy,” #KindLee Co-Chair Kelly Fayer said.

To be precise, Christian wants to be a K-9 officer when he grows up, and the tour gave him a chance to meet Sabr, a sheriff ’s office K-9, and his handler, Lt. Frank Glover. Christian got to play with Sabr in Sheriff Mike Scott’s office — his favorite part of the tour — and get a rare glimpse at the inner workings of law enforcement.

The occasion also gave Christian the chance to reconnect with a cause he took to with gusto.

Photo opposite page: From left, Lee County Sheriff's Office Lt. Christopher Lalor, Shirlarian Williams, Sgt. Anita Iriarte, Kelly Fayer, Amanda Bartley, Capt. Robert Gizzi, Kimberly Erwin, Capt. James Rankine, Christian Erwin (seated).

Photos this page, top: Capt. Robert Gizzi, Christian Erwin, Sgt. Anita Iriarte, Lt. Christopher Lalor. Second row, left: Undersheriff Carmine Marceno and Christian Erwin at the holiday party. Second row, right: Kimberly Erwin, Christian Erwin, Kelly Fayer, Amanda Bartley Third row, right: Lt. Frank Glover, K-9 Sabr, Christian Erwin.

June 2018 | RES GESTAE

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The #KindLee initiative was founded as an extension of the way Bartley and husband Brian dealt with their grief. They would perform random acts of kindness and pass out cards that read, “Please accept this random act of kindness in honor of a sweet baby angel, Trevor William Bartley.” #KindLee carried the idea forward and printed its own random acts of kindness cards. Christian's mom got a #KindLee card at an LCBA luncheon, and it sparked an idea. She suggested to Christian that he could do random acts of kindness and pass out cards to fulfill a service commitment for the Cub Scouts.

He quickly took to doing so and started helping his neighbors, some of whom are deputies, his mother said. He began helping his grandparents and took a particular interest in helping the elderly.

And whenever he spotted someone trying to load something into a car, Christian would be there to lend a hand.

Altruism wasn’t out of the ordinary for the boy.

“Ever since he was little, he would get little things from treasure boxes and rewards for good behavior, and he would give them to other people,” Kimberly Erwin said.

“For years, he would go through McDonald’s and ask for a toy for a girl, so he could give it to his cousin.”

Christian has always had the spirit of giving, “unless it has to do with his brother,” his mother quipped.

He also has an entrepreneurial spirit befitting the threepiece black suit he wore on the tour.

“My little Rockefeller over there didn’t want to just donate,” Kimberly said. “He wanted to do something with the money that would encourage another source of funds.”

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RES GESTAE | June 2018

Instead of simply giving the grant to St. Jude’s, he’s creating the 5K in the hopes of making a larger donation.

“I like to run, and I think it could raise a lot of money, because there is usually a lot of turnout for 5Ks that help people,” Christian said.

The 5K remains in the planning stages, though Christian said Lakes Park is among the possible venues.

Photo above: Christian Erwin He also said he’ll with LCSO Deputy. Photo left: Christian Erwin at the LCSO be donating part of Headquarters Press Room podium. the proceeds to the Harry Chapin Food Bank, and showing a nuanced understanding of their mission.

“When you donate food, most of the food ends up being expired and can’t go to people,” he said. “When you donate $1, it can get them a big amount of stuff, because they go to organizations that let them pay less for items so they can help the community and other people.”

Christian’s grasp of right and wrong is strikingly evident, and the same goes for his passion about pursing what’s right. To Batley, that spirit is the embodiment of what #KindLee is all about.

“I think sometimes attorneys are frowned upon, like all we care about is making money,” she said. “We wanted to show the community there’s more to us. We have big hearts and want to give back to others.”

Bartley wants to make sure Christian doesn’t overlook one lesson in particular along his journey of generosity.

“Life is short,” she told him. “Make the most of the life that you’re given.” ⚖

Photo credit: Jim Jett Photography

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M

#KINDLEE COMMUNITY SPOTLIGHT

BY JUSTIN STOCKMAN, ESQ.

ore than 25,000 kids in Lee County are left unsupervised after school. Juvenile crime escalates between the hours of 3 and 7 p.m., and three out of 10 kids are obese or overweight. The Boys & Girls Clubs of Lee County, a United Way Partner agency, are open when kids need them most, and they offer a wide range of programming that equips members to beat these statistics.

After-school programs at the Boys & Girls Clubs provide safe places for kids to learn and grow every day. They boost academic performance, reduce risky behaviors, promote physical health and provide a safe, structured environment for the children of working parents.

Children aren’t turned away because of their parents’ income, race or disabilities. They are welcomed, accepted and encouraged by caring, nurturing and professionally trained staff to reach their full potential on a daily basis.

As a father of two young boys and life​long resident of Southwest Florida, I believe wholeheartedly in the services the Boys & Girls Clubs of Lee County provide.​I have been a BGCLC board member for nearly 10 years, and I understand how vital programs like this are for the future of our​children and our community as a whole. ​⚖

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RES GESTAE | June 2018

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the dish

BY CHELLE KOSTER WALTON

Photo credit: Lynq

What’s the verdict on unchained LYNQ?

T

hey had me at ramen. I’m a huge fan of the Korean-born dish that seems scarce around Lee County. That’s how LYNQ hooked me, although its tagline made me a little nervous at the start, I’ll admit: “Seafood. Steaks. Tacos. Noodles.” Did LYNQ, perhaps, need to fence itself in a bit? Read on for my verdict.

In the first surprise, LYNQ totally wiped out any signs of the former Yabo with lots of light, a living room area, sports TVs, stone, blues, and sheets of metal fastened with oversized rivets. The latter hints at the chain link icon in its logo.

Philosophically, its website explains, the name alludes to the menu’s linking of many cultures and cuisines. With its mission to connect “people through global treats,” it makes an excellent case for bonding with clients and other business contacts for dinner. Its wide range of price points is another plus.

of liquor made locally at List Distillery. In my case, Mr. Tom’s Ginger Lime Gin commingled with sparkling cucumber water and fresh mint for a refreshing aperitif. It lists for $10, but only $7 on the 4-6 p.m. happy hour menu.

Mr. Tom’s Habanero Honey Whiskey stars with organic honey and lime in the Now You’re on a Trolley cocktail, part of the six-item martini menu. Rocks drinks, creative margaritas and mules, and dessert tipples complete the craft cocktail menu.

Inside, the bar makes a clear statement as to its importance to the operation. It touts its craft cocktails, sake, select wines and smallbatch beers. Many of the cocktails, such as the Hayburner I ordered, use Mr. Tom’s brand

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Photo credit: Chelle Koster Watson

The bar seats both indoors and outdoors, with glassed doors in between. Outside, jasmine scents the air and vegetation sequesters the space.

Top photo: Shrimp Scampi. Photo above: Hayburner

Eight varieties of sake by the glass, pot or bottle complement LYNQ’s extensive selection of sushi. In addition to the usual California, spicy, Philly, and yellowtail rolls ($7-$8), the sushi bar invents some highly Americanized renditions like the $14 Buffalo Chicken with cream cheese, cucumber, and sweet and spicy sauces; and the Cowboy, rolled with sliced filet, cucumber and avocado.

Photos credit (this page): Chelle Koster Watson

the dish

We tried a day’s special tuna roll topped with mangoes that was so-so. Also as a starter, we tried the lobster bisque, which was well-seasoned, not overly salty, but, for $10, a bit shy on lobster.

The ahi tuna ceviche tasted closer to poke, served with plantain chips. Our favorite from the $5-$13 appetizer menu was the Pork Belly BLT, a breadless presentation of crispy, thick slices of panko-fried green tomatoes topped with generous chunks of pork belly and garlic aioli. It and the ceviche also appear on the $7 happy hour menu.

From there, our taste buds traveled to Korea and Mexico. Out of the selection of five tacos, we ordered the most highly priced — grilled shrimp for $16. Others are around $12, plus there’s a combo of any three for $15. Everything tasted fresh, from the cabbage to the guac. Cilantro sour cream adds a nice touch.

Ramen too comes in five varieties, priced $12-$15. Two of them have flames next to them on the menu, with “sambal” in their names and warnings in their descriptions. I passed not because I’m shy of fiery cuisine but instead because they are brothless, and I love the deeply rich stock characteristic of the dish. My short rib ramen did not disappoint, with a soft-boiled egg adding traditional depth and crispy bok choy, snow peas and julienne carrots abetting with texture the squiggly iconic noodles.

LYNQ’s entrée menu further travels the culinary world with cast iron-seared filet caprese, Photo above: Shrimp tacos coconut tofu curry, homemade lobster ravioli, chicken pesto and shrimp scampi. The Sweet and Spicy Salmon fuses a few cultures with seared Scottish salmon, Chinese five spice, creamy fontina cheese and grilled asparagus risotto. At $24, it dwells in the median price range for entrees.

Main-course salads and sandwiches offer more affordable alternatives. Add filet, chicken, salmon or grilled shrimp to the California Wedge, Caesar or Strawberry Fields for a light meal under $20. The signature Mozzarella Burger, on the other hand, costs only $12 for ground filet and ribeye with fresh mozzarella and garlic aioli. As with all four burgers and chicken sandwiches, it comes on a brioche bun with fresh-cut

Photo above: Pork Belly BLT fries seasoned with applewood smoked bacon and parmesan cheese.

Sunday brunch brings bloody mary and mimosa bars with a select menu headlining chicken and waffles, eggs benedict, ramens, quiche, huevos rancheros tostada, salads and sandwiches. Other nights of the week, the bar runs specials, like Tequila and Taco Tuesday.

And the verdict is: No need to fence in this freeform, many-things-to-many-people restaurant. Justice is served with permission to run free. ⚖

16230 Summerlin Road No. 223, Fort Myers 239-204-9345 Open Mon-Sat 4-11:30 p.m.

Sun 11 a.m.-4 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.

June 2018 | RES GESTAE

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legal lens

LCBA Foundation Charity Golf Tournament The annual golf outing teed off May 19 at Plantation Golf & Country Club with a new name and refined focus. The LCBA Foundation was the sole benefactor of the newly rechristened LCBA Foundation Charity Golf Tournament, but what didn't change was the tradition of fun with a purpose. Foursomes hit the links, ate lunch and bid on dozens of items in the live and silent auctions, all before the rain came.

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Photos top to bottom left to right: 1) three powerhouse golfers, 2) Drew Elinoff, Phil Hugh 3) DJ Robert McDonald 4) Tiffany Pereira and her team at the luncheon following golf. 5) Lisa Poulin 6) The well-dressed Roetzel & Andress team 7, 8, 9, 10, 12, 13, 14, 15, 16) Foursomes show off their hardware 11) Jackie Burrell, Lee Golden, Heather Shelton

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Photo credit: Jim Jett Photography

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special feature

BY CHUCK MYRON

T

here’s a different vibe these days around the Lee County Legal Aid Society.

Executive Director Andrew Banyai’s guitar is propped up in a prominent space in his office, nestled in Legal Aid’s new headquarters on Virginia Avenue in downtown Fort Myers. Banyai’s demeanor is warm and inviting, and he greets visitors with an offer of a beverage from an eclectic and eccentric list of choices, including Yoo-hoo, the chocolatey childhood favorite.

For all those who enter, the unexpected quickly becomes expected. Banyai’s proclivity to ask “why not” instead of “why” is evident in what Legal Aid has accomplished since he assumed his position in February and what he plans for the months and years ahead.

The time it takes for Legal Aid to respond to inquiries from the public has been cut from between 6 and 10 weeks to a mere 72 hours. They’ve struck up a partnership with the United Way to help struggling clients get basic necessities like food, clothing and shelter. And they’ve begun offering advice and counsel, if not formal representation, to a broader segment of the public.

“We have an opportunity to serve the community in a more holistic way than we have been in the past,” Banyai said.

Legal Aid has traditionally handled family law cases involving minors, including domestic violence, paternity and custody matters, divorce, stepparent adoption and temporary custody by an extended family member with consent by a biological parent.

Banyai plans to continue to represent people on those matters, but that won’t necessarily remain the sole focus, he said, noting the high volume of people who turn to Legal Aid with all sorts of problems.

“One of our strengths is that with the number of calls we get, we are able to potentially help other agencies and have them support us in what we do,” Banyai said. “It is something that I think has been lacking historically in this organization, but moving forward, we’re going to be forging a lot of partnerships with other area organizations where we’re both making each other work better.”

The LCBA established Legal Aid in 1967, meaning last year marked a halfcentury for the organization. But in many ways, it’s just getting started.

Legal Aid’s fourth annual “A View from the Bench and More” symposium, featuring

Blair DeMinico and Andrew Banyai

a panel of judges and attorneys, took place May 25, but a more robust schedule of such discussions is planned, Banyai said. Legal Aid has begun initiatives to conduct regular educational seminars at the Lee County Justice Center.

“Education is something that a Legal Aid Society in a community should be doing,” Banyai said.

Enabling these efforts, to a large measure, was the decision of the Legal Aid Board of Directors to simplify the executive director’s role, according to Blair DeMinico, who was recently elevated to the newly created position of legal director. Banyai’s predecessors were forced to carry a full case load as well as the responsibilities of day-to-day management, public outreach, grant writing, communication with the board and more.

“You would have to be a superhuman to accomplish everything and succeed at everything,” DeMinico said.

“There was always something that suffered.”

Part of that reorganization involved greater responsibilities for DeMinico in her new role.

“One thing right away that I knew we had to do was put Blair in charge of what cases we’re taking, why we’re taking them and what are we trying to accomplish,” Banyai said.

“Because Blair is the one with the institutional knowledge here as well as the extensive family law background.”

DeMinico, who joined Legal Aid four years ago as a staff attorney, handles some of the responsibilities of networking and growing the agency, so Banyai, who has only a small case load, can concentrate more time on managing workflow and destroying barriers to service that kept clients waiting for weeks.

“We reinvented the system,” Banyai said. “We looked at something we believed was irretrievably broken, and we started building again from the ground up. That involved

Photo credit: Megan DiPiero Photography

June 2018 | RES GESTAE

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of times I’ve been very creating a new system glad that Blair has been that allowed us to also counseling me to pump keep track of the metrics the brakes on something of who’s contacting and think about it. And us and what are they I usually end up doing contacting us for.” something like what I “No one should have originally envisioned, to wait an excessively but in a nuanced way long time to find that wouldn’t have out whether or not happened if Blair had they’re going to get the not commented.” help that they need,” Photo above: Guitar-strumming Executive Director Andrew Banyai has the Legal Aid Legal Aid’s board DeMinico said.

Society hitting the high notes. Photo below: Blair DeMinico, Bella Garces, Andrew Banyai deserves the credit for The attention to better pairing them, DeMinico service extends even to said, describing Banyai’s the hold music, which arrival as a movement Banyai upgraded from a toward action that has series of annoying beeps established forward to soothing classical momentum for the music using his old organization. He takes iPad. initiative, reaches out It’s been a lot of and finds solutions, she changes, but Legal said.

Aid’s staff of eight — a Photo credit (photos this page): Jim Jett Photography DeMinico cautions number Banyai plans to Banyai against increase — has shown promising too much, too soon. But given time, Banyai is extreme dedication within an overhauled framework, he intent on copying some of the successes of similar agencies, said. Banyai and DeMinico set the tone with a symbiotic like Legal Aid Service of Collier County, and blazing a trail relationship. that will distinguish the Lee County Legal Aid Society as “I’m very energetic. I’m prone to action, but sometimes a leading community resource that can connect people to I should be more reflective and considerate of all the help whenever they need it. implications of what my instinct is to do. I think Blair is “We look at what we’ve been able to do for people in the a good check on my tendency to leap up and want to do short time since we’ve implemented our changes, and it’s something, whereas I really should sit back, reflect and incredibly satisfying,” Banyai said. “The entire community discuss it in greater detail before making a move. wins every time we help one of these individuals.” ⚖ “I couldn’t even count, just in a few months, the number

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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.

June 2018 | RES GESTAE

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LCBA Members spotlight

BY HON. ELISABETH ADAMS

1. I was a waitress at the age of 10 at the restaurant my family owned.

2. The first time I was ever in a courtroom, I threw up. I was 10 years old and it was during my parents’ divorce. Ironically, that is the moment I decided to become a judge.

3. One of my three older brothers was the first person to create an adventure game for personal computers around 1974. He created it on a 16-bit computer built by one of my other brothers. He went on to work with Marvel comics creating games for Marvel superheroes.

His work will soon be on exhibition at the Strong Museum in New York.

4. I used to be a majorette in junior and senior high school and even twirled with fire.

5. My husband, Jim, grew up on Sanibel in the ‘50s before the causeway was built. He attended a one-room schoolhouse and later left the island to attend school at Cypress Lake … by boat!!!

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RES GESTAE | June 2018

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June 2018 | RES GESTAE

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LCBA Members spotlight

BY KATHY SMTH, ESQ. PUBLIC DEFENDER, 20TH JUDICIAL CIRCUIT

1. My husband of 22 years is a flower breeder. So, if you see a garden chrysanthemum named Kathleen dark red (pictured) for sale at a garden center, it’s named after me!

2. I earned a master’s degree in public administration from FGCU and at the same time was an adjunct professor in their criminal justice college.

3. I am a proud double-Gator, having earned my undergraduate and law school degrees from UF. Go Gators!!!

4. I love to play golf and travel with my husband in our free time.

5. The most fulfilling part of my career has been working to improve legal service to mentally ill clients in our community.

ESTATE & P ro b ATE LiT iGAT io n

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

Helping to protect our clients and their loved ones since 1924

henlaw.com • 239.344.1100 © Henderson Franklin Starnes & Holt, P.A.

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In The news Henderson, Franklin, Starnes & Holt, P.A. attorney Michael Corso recently presented “Ethics for Engineers” at Purdue University to aerospace engineering students, faculty, alumni and industry vendors from around the world.

Corso has been Florida Bar board certified in civil trial law for over 30 years and over 20 years in business litigation law. Prior to joining the firm, he was in the U.S. Air Force, earning the rank of Captain. He served as a pilot, aerospace engineer, and in the Air Force judge advocate general lawyer program.

Attorney Vicki L. Sproat recently founded Sproat Workplace Investigations in Fort Myers to perform investigations, investigation consulting, investigation training and courtroom testimony for employers.

Sproat spent 38 years as a Southwest Florida trial attorney and employment law counselor, conducting sensitive and complex investigations for public and private employers. Super Lawyers listed her on its employment law database for 2018, a recognition given only the top 5 percent of attorneys in each state nationwide.

GrayRobinson, P.A. has added Luis Rivera to its firm as a shareholder in its Fort Myers office.

Rivera joins GrayRobinson’s bankruptcy practice group, where he’ll focus on representation of lenders, landlords, individuals and financial institutions in all matters of bankruptcy and creditors rights-related legal issues.

Rivera, an LCBA Law Week Committee member, also has extensive experience in a variety of business and general litigation matters, including contract disputes, real property litigation, mortgage foreclosure, landlord/tenant disputes and title insurance litigation.

Attorney Ben Russell and the Associates and Bruce L. Scheiner team recently helped a Cape Coral man obtain a $557,000 verdict in his favor after State Farm proposed a settlement of only $50,000 for injuries and damages caused by an underinsured motorist.

The man sustained injuries to the connective tissues of his neck and back when the pickup truck he was driving was rear-ended by another pickup in February 2015 on McGregor Boulevard.

Doctors put him on a nearly yearlong travel restriction, limiting his ability to do his job as a traveling salesman.

Amanda Ross has joined the Tort & Insurance Litigation Division at Henderson, Franklin, Starnes & Holt, P.A. Ross focuses her litigation practice in the areas of automobile and trucking liability, premises liability, construction defect, professional liability, insurance coverage defense, products liability, negligent security and wrongful death.

Prior to joining the firm, she worked in the Miami area and handled maritime and admiralty defense, as well as vessel and yacht purchase and sale transactions. She continues her work in the field of maritime/admiralty defense.

Jennifer J. Hammond of Green Schoenfeld & Kyle LLP recently presented on estate and trust planning at Forest Country Club in Fort Myers. During the presentation geared toward women, Hammond reviewed Florida estate law requirements, the difference between wills and trusts and other aspects of estate planning. Hammond, who was recently named co-chair of the LCBA Real Property, Probate and Trust Law Practice Section, focuses her practice on estate planning, trust administration, taxation, probate, corporate, business and partnership law, and wealth preservation.

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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 June33901 2018 | RES GESTAE

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PRSRT STD U.S. POSTAGE

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FT. MYERS, FL PERMIT NO. 147

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

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