MAY 2018
A LIFE OF LOVE, LAUGHTER & LAW Miguel C. Fernandez III
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
Celebrating 10 Years Serving The 20th Judicial Circuit
when time is of the essence
Maryanne Wagner, RPR, FPR
Debbie Cail, Office Manager
STANDARD Six-Day Transcript Delivery Serving Lee, Collier and Charlotte Counties Depositions, Hearings and Trials · Courtsmart Transcription Conference Rooms Available for Mediation · Realtime Free Wireless Access · Videographers · Interpreters Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts
MeritCourtReporting.net · 239.481.1300 Free parking at all locations South Fort Myers 6213 Presidential Court Suite 100 Fort Myers, FL 33919
Downtown 2022 Hendry Street Suite 104 Fort Myers, FL 33901
Naples 1415 Panther Lane Naples, FL 34109
Contents
features
NOVEMBER 2017
LCBA Cares About Professionalis m
20 A Beacon of Light
Miguel C. Fernandez III
by Chuck Myron
26 Self Help Center
A place to turn for help
by Chuck Myron
Honorable Impressions
Professional polish is essential in and out of the courtroom
departments 6
Letter from the President by Dan Endrizal, Esq.
20 Holiday travel tip for lawyers: Don't pack a confidentiality breach
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
8
Letter from the Executive Director
by Lisa Poulin
10 Calendar of Events 12
Ethically Speaking by Henry Lee Paul, Esq.
14
Practice Section
16
YLD Spotlight
26
Alternative Dispute Resolution by Anne Dalton, Esq. by Joel Hyatt, Esq.
18 100 Club 24 Legal Lens
LCBA Bar-B-Q and Shrimp Boil
28 #KindLee Community Spotlight Hon. Stephen B. Russell
24
30 The Dish
Chuchi's Restaurant
32 New Members 34 LCBA Judges Spotlight
Hon. Joseph C. Fuller
36 LCBA Members Spotlight
Tiffany Pereira, Esq.
38 In The News 4
RES GESTAE  | May 2018
30 On the cover: A collage of photos representing Miguel Fernandez's life of love, laughter and the law.
AD DIRECTORY Barbara Pizzolato 15 Bounds Law Group 11 Brad Jessen, Edward Jones 35 Britton Swank 11 Business Observer 19 Calvo & Calvo Attorneys at Law 25 Copy IT 17 CopyLady 7 DeMine Immigration Law Firm 11 Denise Kennedy 29 Donna Tisch 33 Edison National Bank BC Fort Myers Court Reporting 9 Garvin Law Firm 25 Get Smart Bail Bonds 32 Grant Fridkin Pearson, P.A. 15 Henderson, Franklin, Starnes & Holt, P.A. 33 Hotel Indigo 36 Joe Viacava Law IBC Joshua Tree Counseling 37 Kelleher Firm 9 Kempton P. Logan 17 Kushner & Kushner Attorneys 37 Law Firm of Scott T. Moorey 13 Law Offices of Dennis L. Webb 17 Leonard P. Reina 35 Leslea Ellis, LLC 13 Livingston Loeffler, P.A. 29 McHale, P.A. 25 Merit Court Reporting, Inc. IFC Musca Law Office, Inc. 3 Panther Printing 37 Prather & Swank, P.A. 35 Real Estate Advisory Services, LLC 13 Roetzel & Andress 34 Sheldon E. Finman, P.A. 19 Spivey Law Firm, P.A. 5 The North Law Firm, P.A. 18 Total QuickBooks Solutions 29 Veranda Restaurant 19 Von Ahn & Associates 28 William DeForest Thompson Jr., LLC 15
Our advertisers support the LCBA. Please do your best to support them in return!
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 Because it’s May, I want to first wish all our members who are moms a Happy Mother’s Day. No other title commands more respect. A mother nurtures and raises another member of our society. The highest stature in any other occupation pales in comparison. That said, many of our members are not only great moms, but prominent lawyers. They juggle caseloads with carpools and are quite literally pillars in our community. I also want to send my sincerest condolences to the family of Miguel Fernandez. I knew him to be a very spiritual man. During his LCBA presidency I read all of his letters appreciating that they would be both inspiring and faith-based. When it was my turn to serve as president, he honored me by giving the invocation at my swearing in. I am pleased to announce that we will commemorate his many years of contribution to the Lee County High School Mock Trial Competition with the Miguel C. Fernandez III Best Closing Argument Award, which will be given each year to the most deserving student who takes part. Please see page 20 for more memories of Miguel and the impact he had on the LCBA. Speaking of impact, please see page 26 to see how Linda Doggett, Clerk of Courts, turned a file room into a Self Help Center for the litigants who are most in need of services. Thank you Linda for all you do! As it is May, I want to thank everyone who has served our country this Memorial Day. It’s a very important day to remember those who have fallen in the service of this great country. Although I was a Cold Warrior and never fired a shot in combat, training for war can be dangerous. One of the hardest things I did in the Army was to escort the body of good friend and fellow officer back to West Point for interment after he was killed in a training accident. He served with honor and made the ultimate sacrifice for his country, protecting our freedoms. Capt. Richard Horton, gone but never forgotten. Daniel J. Endrizal III, Esq. Daniel.Endrizal@earthlink.net | 239.728.8555
6
RES GESTAE | May 2018
LEE COUNTY BAR ASSOCIATION ADMINISTRATION
Executive Director ~ Lisa Poulin Administrative Assistant ~ Savannah Schlosser
EXECUTIVE COUNCIL
President ~ Daniel J. Endrizal III, Esq. Vice President ~ John Webb, Esq. Secretary ~ Blake Hampton, Esq. Treasurer ~ Matt Roepstorff, Esq. Board Members: 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.
We’re really getting into the swing of things now! As an Annual Sponsor of the LCBA for 2018, CopyLady is proud to be a part of the LCBA Foundation Charity Golf Tournament on May 19 at The Plantation Golf & Country Club in Fort Myers.
“My firm has used CopyLady equipment right from the start of the new millennium in January 2000. Although we have service contracts, we never see CopyLady personnel at our office. That’s because the equipment operates so smoothly and never breaks. In the past, when copiers were less sophisticated, the CopyLady service personnel who came to our office were always prompt and effective. I highly recommend CopyLady, friend of the Lee County Bar Association, for your equipment needs.” ~ Vera Bergermann, Esq. Bergermann Law Firm
239-939-5383 CopyLady.com 1949 Dana Drive · Fort Myers, FL 33907 CMYK / .ai
Facebook “f ” Logo
CMYK / .ai
President, Cynthia Duff, President Cynthia Duff| RES GESTAE May 2018
7
Letter from the executive director May already?? These past few months have flown by so quickly. If you didn’t get a chance to make it to the inaugural LCBA Bar-B-Q and Shrimp Boil on March 24, you missed a great day. There were 140 people in attendance, the most I have seen in seven years! Thank you to all who attended. I want to give a special thank you to all our sponsors and volunteers for helping us put this great day together: Daniel J. Endrizal III, Henderson Franklin Starnes & Holt, P.A., FineMark Bank, Leslea Ellis and Lawrence Cremia, Tiffany L. Pereira, Millennial Brewing, the Hon. Robert Branning, Jerry Von Gruben, Carrie Kane with Total QuickBooks Solutions, the LCBA Executive Council, Savannah Schlosser and my son, Joseph. Thank you also to all the attorney volunteers who came out to Law in the Mall to give back to the community, and to Ryan O’Halloran for putting it all together again this year. We had a great turnout, and I am looking forward to another year of giving back. Another thank you goes out to the Law Week blood donors and Luis Rivera for putting the blood drive together. Plus, this year’s Law Week Awards Luncheon was great. We honored our Law Enforcement Officers of the Year, Teacher of the Year, and the very special Liberty Bell Award winner. And of course, I'd be remiss if I didn't thank the Hon. John S. Carlin and Judicial Assistant Joanne Atkins for their amazing 25 years of service putting Law Week together. Those two are truly remarkable. On May 19, The Lee County Bar Association Foundation Inc. is hosting a charity golf tournament at the Plantation Golf & Country Club in Fort Myers. Please register online at www.leebar.org. It's $150 per player or $550 per team. Volunteer spots and sponsorship opportunities are also available. Contact me with any questions you may have.
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
FEATURE WRITER Chuck Myron
CONTRIBUTING WRITERS Daniel Endrizal, Esq. Lisa Poulin Henry Lee Paul, Esq. Anne Dalton, Esq. Joel Hyatt, Esq. Hon. Stephen B. Russell Chelle Koster Walton Hon. Joseph C. Fuller Tiffany Pereira, 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.
Please be sure to check out our web calendar www. leebar.org/events/calendar/ or view page 10 for more information on all our upcoming events. Lisa Poulin, Executive Director LPoulin@leebar.org | 239.334.0047
8
RES GESTAE | May 2018
6216 Whiskey Creek Drive, Suite B Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com
We’ve increased our coverage area and expanded our services Accurate, personable, experienced and local reporters serving our Southwest Florida legal community. Fort Myers Court Reporting clients will now be able to schedule in Bradenton, Sarasota, Venice, Port Charlotte and Punta Gorda · · · Jackie Burrell, RPR, FPR
Online scheduling with 24/7 access to all repository files Nationwide Scheduling Competitive Rates
www.fmreporting.com · Phone: 239.334.1411 · scheduling@fmreporting.com 2180 West First Street, Suite 120, Fort Myers, Fl 33901
May 2018 | RES GESTAE
9
calendar of events Some dates for 2018 Section Meetings have not been confirmed - Check leebar.org for details!
May 6
please visit leebar.org/events/calendar.
Young Lawyers Division Monthly Lunch Meeting
May 19
Noon-1 p.m., The Barrel Room, 2214 Bay St. All attorneys under age 35 or in their first five years of practice are invited to attend.
May 9
General Civil & Business Litigation Practice Section Brown Bag Lunch Noon-1 p.m., Lee County Justice Center, Hearing Room 4-H 1700 Monroe St. Topic: Intellectual Property Basics. Presenters: Carlos Kelly, Esq. and Mark Nieds, Esq. A onehour continuing legal education credit is pending Florida Bar approval. For more information and registration, please visit leebar.org/events/calendar.
•
May 10
•
Criminal Law Practice Section Lunch Meeting
Noon-1 p.m., The Barrel Room, 2214 Bay St.
• •
May 11
Real Property, Probate & Trust Law Practice Section Meeting Noon-1 p.m., Lee County Justice Center, Courtroom 4R, 1700 Monroe St. Topic: The State of Estate Sales. Speaker: Jack Minish, Uniform Standards of Professional Appraisal Practice. For more information and registration, please visit leebar.org/events/calendar.
May 17
Family Law Section Brown Bag Lunch 11:45 a.m.-1 p.m., Lee County Justice Center, Courtroom 5C, 1700 Monroe St. For more information and registration,
•
LCBA Foundation Charity Golf Tournament
non-attorney legal staff. Judges may attend for free. Four or five continuing legal education credits will be available, pending Florida bar approval. For more information, email aubree.horton@ leecountylegalaid.org.
June 1
Young Lawyers Division Monthly Lunch Meeting
8 a.m.-2 p.m. (registration begins at 7:30 a.m.), The Plantation Golf & Country Club, 10500 Dartington Drive, Fort Myers.
Noon-1 p.m., The Barrel Room, 2214 Bay St. All attorneys under age 35 or in their first five years of practice are invited to attend.
Fee schedule
Noon-1 p.m., Courtroom 4R, Lee County Justice Center, 1700 Monroe St. Topic: Tax Cuts and Jobs Act 2017. Speaker: Amy Dalen of Hill, Barth & King LLC. For more information and registration, please visit leebar.org/events/calendar.
• Single player: $150 • Foursome: $550 • Luncheon only (begins at 12:30 p.m.): $35 Bronze-level sponsor (includes sign- up fee for one player): $250 Silver-level sponsor (includes sign-up fee for two players): $500 Gold-level sponsor (includes sign-up fee for three players): $750 Platinum-level Sponsor (includes sign- up fee for four players): $1,000 Hole sponsorship: $150
May 25
A View From the Bench and More 9 a.m.-1:30 p.m. (breakfast/checkin at 8:30 a.m.), Lee County Justice Center, Courtroom 4B, 1700 Monroe St. Hon. Elisabeth Adams, Hon. James D. Sloan, Hon. Lee A. Schreiber and Indera DeMine, Esq., lead a panel that will include Magistrate Gilberto Perez and Hearing Officer Matthew Henry. The cost, including breakfast and lunch, is $125 for attorneys, $100 for LCBA member attorneys, $50 for
June 8
Real Property, Probate & Trust Law Practice Section Meeting
June 21
Family Law Section Brown Bag Lunch 11:45 a.m.-1 p.m., Courtroom 5C, Lee County Justice Center, 1700 Monroe St. For more information and registration, please visit leebar.org/events/calendar.
June 29
LCBA Diversity Luncheon
Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St. Cost for members is $25, non-members $35 and judges complimentary. Register online at leebar.org/events/calendar.
July 4 –Independence Day LCBA office and courts closed
Visit us online at leebar.org to see the entire LCBA Annual Calendar. You can conveniently RSVP for upcoming events. Would you like to submit an event? Email your event submission to resgestae@leebar.org
Thank You to our Annual Sponsors for 2018
10
RES GESTAE | May 2018
While everyone likes to catch the big fish,
it’s the small ones that keep you going. At Bounds Law Group, we don’t just accept your big cases. We know all clients with legitimate cases deserve representation. We are happy to work with your clients on Medical Malpractice cases, both big and small. With over 50% of our cases settling for under $500k, we are here to help, no matter the size of the case. Refer the clients you are unable to assist to Bounds Law Group and receive a 25% referral fee.
Questions? Call us at 877-644-5122 , email us at information@BoundsLawGroup.com, or visit us at www.BoundsLawGroup.com. Office in Maitland
Helping Your Clients Achieve Their American Dream by Providing Comprehensive Services for All Areas of Immigration Law Family Based Visas • Business Based Visas Waivers and Unlawful Presence Removals and Deportations
DeMine Immigration Law Firm, P.A. 239.208.2680
PRIME OFFICE SPACE AVAILABLE Easy access to interstate and Downtown Fort Myers Private conference room Access to lounge, copy room and kitchen Location and space A MUST SEE Contact Britton G. Swank, P.A. 239.208.3040 | info@swankelderlaw.com
info@demineimmigration.com 1625 Hendry Street, Suite 103 Fort Myers, FL 33901
Eligible to Practice Immigration Law Nationwide
Indera DeMine, Esq.
10175 Six Mile Cypress Parkway, Suite 4, Fort Myers, FL 33966
May 2018 | RES GESTAE
11
Ethically speaking BY HENRY LEE PAUL, ESQ.
Broward lawyer disbarred over ‘blind eye’ supervision of trust
T
he Florida Supreme Court has disbarred yet another lawyer, this time for lack of supervision over a trust account. In The Florida Bar v. Randall Lawrence Gilbert, SC15-2004 (Fla. 2018), the Court once again issued an unequivocal warning to members of the bar that they will be held strictly accountable for managing their trust accounts. Gilbert’s employee Steven Sacks embezzled approximately $4.8 million over a four-year period from the firm based in Hollywood, Florida. Sacks systematically transferred funds obtained in relation to real estate transactions at a monthly rate of approximately $100,000. The Court observed that, “Instead of dividing financial responsibility and accountability, Gilbert ‘allowed Sacks to be solely responsible for multiple facets of the law firm’s finances,’ including balancing books, preparing QuickBooks and trust account reconciliations, performing the duties of officer manager, Chief Financial Officer, and comptroller, and acting as the intermediary between the firm’s Certified Public Accountant, Old Republic, and Gilbert.” Any reasonable review of the bank statements by Gilbert would have revealed the fraud. Instead, he spent approximately “two to four minutes” a month reviewing monthly reconciliations provided by the employee. To further aggravate the situation, Gilbert learned soon after Sacks was hired that he had stolen more than $20,000, which was returned upon discovery. Sacks, who was on federal probation for wire fraud, was fired by Gilbert and then rehired. Gilbert lied to the probation officer about the reason for the firing and rehiring. Gilbert also allowed Sacks to falsely represent himself as having a Juris Doctor degree and as being a licensed CPA.
12
RES GESTAE | May 2018
The Court framed the pertinent issue in imposing discipline as being that of ultimate responsibility for the trust account. The Court stated that, “Whether Gilbert was aware of or personally involved in the theft is not the critical inquiry. Indeed, this case gives new meaning to the phrase “turning a blind eye.” Gilbert, as an attorney and fiduciary, was directly responsible for his firm’s trust account and for the supervision of employees. As an attorney, he owed a duty to the public and to his clients to safeguard their money.” A lawyer responsible for a firm trust account bears ultimate responsibility for compliance with the Rules Regulating Trust Accounts. I often describe trust accounting as the third rail of lawyer discipline. Failure to adequately review bank statements, make required reconciliations and otherwise be compliant is a practice filled with risk. All it may take to result in a full six-year audit may be a complaint by a client, or a mistake that results in a trust account check returned for insufficient funds. Such an audit is a disruptive and exhausting process that will certainly reveal trust account deficiencies. The Florida Bar has resources available to assist lawyers in trust accounting compliance. I recommend all lawyers with responsibility for a trust account view the Continuing Legal Education course “Maintaining a Trust Worthy Trust Account.” The course is available for free online through the Practicing Resource Institute on The Florida Bar website. ⚖
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.
Leslea Ellis, LLC
Certified Public Accountant Certified Fraud Examiner
Let Us Draft A Plan For Equitable Distribution
www.LesleaEllis.com
6326 Presidential Ct Suite 2 Fort Myers, FL 33919
(239) 690-6500
CRIMINAL DEFENSE
SCOTT T. MOOREY
Court Appointed Receiver, Property Management and Specialty Oversight Kenneth P. Saundry, Jr. brings 39+ years of business and real estate management experience to each Court Appointed Receiver assignment.
275-5552
Assignments involving: Estates Divorces or Family Disputes Guardianships Bankruptcy Property Oversight and Supervision Foreclosure, or ‘Workouts’ Litigation Support
1430 Royal Palm Square Blvd. Suite 101 Fort Myers, FL 33919
Excellent Experience working with Lenders, Attorneys and Court Supervised Assignments.
239.348.1114
scott@GoodPeopleDoGetArrested.com
RealEstateAdvisoryServices.co Kenneth P. Saundry, Jr.
275 Burnt Pine Drive Naples, FL 34119
May 2018 | RES GESTAE
13
ALTERNATIVE DISPUTE RESOLUTION PRACTICE SECTION BY ANNE DALTON, ESQ.
A MEDIATOR’S ETHICAL RESPONSIBILITY The Scylla and Charybdis of mental capacity and self-determination
W
hat must a mediator do when issues are raised regarding the mental capacity of a mediation participant? Issue posed in Mediator Ethics Advisory Committee Opinion 2017-010 (December 2017) The Florida Mediator Rules state that the mediation parties are responsible to make decisions in mediation. The mediator’s job is to protect their rights of selfdetermination. (See Rule 10.310 of the Florida Rules for Certified and Court-Appointed Mediators.) However, the Rules also require the mediator to adjourn or terminate the mediation if they believe any party is unable to participate meaningfully in the process (See Rule 10.420(b)(3) of FRCCAM). What happens if the mediator believes a party cannot “meaningfully participate” due to mental incapacity, but that party disagrees? Who makes the decision? This rule conundrum is addressed in Mediator Ethics Advisory Committee Opinion 2017-010. The fact pattern for this opinion was as follows. Three parties (and their respective counsel) participated in a pre-guardianship mediation: Son No. 1, who believed the father lacked self-determination ability and wanted to file a guardianship action; son No. 2, who believed the father had all his mental abilities and opposed a guardianship; and the father himself. All parties agreed to mediate this issue pre-litigation. The first question posed to the Mediation Ethics Advisory Committee was whether the mediator should accept the father’s attorney’s representations of father’s competency as sufficient, without more to establish mental capacity for purposes of the rule. The committee said no. The mediator may take the attorney’s representations into consideration, but they are not determinative. The mediator is solely responsible to make the ultimate decision regarding the father’s ability to exercise self-determination. In other words, if the father’s attorney says the father is competent to engage in the mediation, the mediator still has the obligation to reach their own decision. And that decision could well be contrary to the attorney’s opinions and statements.
14
RES GESTAE | May 2018
Another question was whether the father could sign a mediated agreement stating that he lacked capacity and needed a guardian. Presumably, the remainder of the agreement would set forth negotiated details of the guardianship as settled between son No. 1 and son No. 2. While this may sound counterintuitive, I have mediated cases where this question has been integral to the settlement. The committee said no. If the father believes he is not competent, he lacks capacity to sign an agreement saying so. The father has the ability to participate in the mediation, however, even if he cannot sign the agreement. While the opinion may be correct from both legal and ethical standpoints, it raises a practical problem for the parties. It leaves open the possibility of the father contesting the guardianship, since he is not legally committed to the mediated resolution achieved by the sons. Of course, his counsel does not have the ability to so bind him. The Mediation Ethics Advisory Committee issues ethical opinions regarding mediation subjects. As is implied by “Advisory,” these opinions are not binding on mediators or attorneys. However, the committee's opinions weave together a plethora of statutes and rules to provide useful guidance to all. The scenario above is taken from an advisory ethical opinion issued by the Florida Mediator Ethics Advisory Committee. The underlying discussion can be found at http://www.flcourts.org/resources-and-services/alternativedispute-resolution/information-trainers-legal-professionals/ meac-opinions.stml. ⚖
Anne Dalton, Esq. has been a certified mediator since 1994 and has conducted over 6,000 circuit civil, appellate, county, and family/dependency mediations. She was elected in 2017 as a Fellow in the American College of Civil Trial Mediators and is a Diplomate with the Florida Academy of Professional Mediators. Dalton recently presented a lecture at an LLM Program in Budapest, Hungary, regarding trends in American alternative dispute resolution issues.
ongratulations C on 30 years of Service Grant Fridkin Pearson, P.A. congratulates Judy H. Wright and Judy N. Galer for their 30 years of service to us. Judy H.Wright is our office administrator whose steady hand at the helm allows our attorneys to focus on service to our clients. Judy N. Galer is our extraordinary good will ambassador serving as the initial voice and face of the firm. Each has contributed immeasurably to our firm’s success and to the environment that we strive to maintain.
Lawyer for Life Barbara M. Pizzolato, Esq. Over 28 years experience Licensed to practice in New York, New Jersey, Connecticut, and Florida Committed to establishing long-lasting relationships with her clients Offers personalized, customized legal services that clients expect and deserve
(239) 225-7911
12751 New Brittany Blvd. Suite 402 Fort Myers, FL 33907 Naples Office by Appointment
We thank and recognize them for their service. MEMBER
5551 Ridgewood Drive, Naples, FL 13350 Metro Parkway, Fort Myers, FL 239.514.1000 | gfpac.com
PIZZOLATOLAW.COM May 2018 | RES GESTAE
15
YLD spotlight BY JOEL HYATT, ESQ.
Enlightenment awaits in YLD Speaker Series
O
n the first Friday of each month, the Young Lawyers Division gathers for its monthly membership meeting. Young lawyers from across Lee County gather to network, discuss hot button practice issues and present community service opportunities. As a young lawyer, there is no better way to get to know your contemporaries. In 2017, then-YLD President Kayla Richmond started a program that gave young lawyers an additional reason to attend the monthly membership lunches – the YLD Speaker Series. The goal of the Speaker Series was to provide young lawyers with additional value for attending the meetings, whether in the practice of law or in their personal lives. Some of the past speakers included: Gail Lamarche of Henderson Franklin (pictured), who gave advice on legal marketing, branding, social marketing, branding, social media use in practice, budget planning, and personal development initiatives.
The young lawyers thoroughly enjoyed the presentation and discussion. It was both informative and valuable to their practices. Thank you to Magistrate Swift for the wonderful presentation!
William Elliot of SB Nation and Tomahawk Nation, who discussed his non-traditional J.D. career path and provided some insider knowledge for the college football season.
We hope you can join us on June 1 for our next monthly membership meeting. Our guest speaker will be Lee County Judge Archie B. Hayward Jr. Judge Hayward will be discussing the 20th Judicial Circuit Pro Bono Committee, the importance of young lawyers participating in pro bono work, and how young lawyers can find pro bono cases.
Public Defender Kathy Smith and Danielle Butler of the state attorney’s office, who discussed the nature of their respective practices and exposed civil practitioners to criminal law.
To stay informed of all future membership meetings and guest speakers, please like us on Facebook at facebook.com/ LeeBarYLD. ⚖
Christina Lunsford and Mia Hyatt of FineMark National Bank & Trust, who provided financial planning and retirement advice.
This past month, Magistrate Carolyn Swift (pictured) spoke with the Lee YLD regarding all things ethics. Highlights of Magistrate Swift’s presentation included resources available to lawyers for resolving ethical questions, a primer on the attorney-court relationship and tips for working with pro se litigants. Magistrate Swift’s presentation was followed by an open table discussion that allowed the young lawyers in
16
attendance to speak about ethical issues they had faced or were facing. The entire group talked through the presented ethical conundrums, and, in most cases, were able to formulate a best-practices solution.
RES GESTAE | May 2018
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.
KEMPTON P. LOGAN Certified Mediator/Arbitrator • Certified Circuit-Civil / and Federal Mediator since 1991
Copier Sales & Service Information Technology Services
We’re more than just a copier and information technology company, we’re a partner who’s got your back! We offer comprehensive or basic network support options.
• Panel Arbitrator, American Arbitration Association and 20 th Judicial Circuit
Network Engineering & Infrastructure Installation Network Management & Support Managed I.T. Service Agreement Network Security Computer Hardware & Software Repair Website Design, SEO, & Social Marketing Custom Built Performance Computers Time Clock Integration with Applications Quickbooks and CRM Software Integration Business Software Integration CCTV Installation and Online Integration Cat 5e and Cat 6 Installation
• Over 30 years civil litigation experience in Southwest Florida, including Personal Injury, Contract, Partnership, Real Estate, Insurance, and Probate. • Available for Court ordered or private arbitration.
Remote realtime support service delivered securely over the internet
• www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net
Contact Armand today & see what Copy IT can do for your business! Armand DeSapri, Owner
239.451.9494 armand@ftmyerscopier.com
May 2018 | RES GESTAE
17
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.
The North Law Firm, P.A. Accident & Injury Attorneys
Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials
Maximum Referral Fees
Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip and Fall Accidents Negligent Security Cases Settlements
Joe North has been helping Clients with Injury Cases and Death Cases for more than 25 years.
Attorney Joe North
2915 Colonial Blvd., Suite 201 (in the Fifth Third Bank building) • TheNorthLawFirm.com 18
RES GESTAE | May 2018
The Legacy Continues Saving families, one at a time Sheldon E. Finman, P.A. A respectful approach to divorce. Client-centered, child-focused, problem-solving transition from marriage. Divorce does not have to be a destructive process.
Sheldon E. Finman, Esq.
Julia L. Finman, Esq.
239-332-4543 • RespectfulDivorces.com 2134 McGregor Blvd. Fort Myers, Fl 33901
Get the legal advertising service you deserve
“You don’t need a special occasion to go to the Veranda, you just need to go.”
PUBLISH YOUR LEGAL NOTICE WITH THE BUSINESS OBSERVER
- Cape Coral residents Jacquie and Doug Flenniken
Coverage in 10 counties:
Sarasota, Lee, Manatee, Collier, Hillsborough, Pasco, Pinellas, Charlotte, Polk and Orange
Low, Competitive Flat Rates Superior Customer Service Online Verification Electronic Invoicing and E-filing Capabilities Qualified Legal Status
BAR MEMBER SPECIAL
Complimentary 13- week trial subscription available.
Celebrating 40 Years of Extraordinary Dining.
239-332-2065 Downtown Fort Myers River District
Lunch • Dinner • Closed Sunday • www.verandarestaurant.com
LV10752
Bar members only.
877•231•8834 subscriptions@businessobserverfl.com mention special code QO15LBA.
941-906-9386 legal@businessobserverfl.com businessobserverfl.com
May 2018 | RES GESTAE
19
A BEACON OF LIGHT Miguel C. Fernandez III
By Chuck Myron
“On March 21, 2018, we lost an amazing member, friend and past president of the LCBA. Miguel was a kind gentle soul. He was a genuine person who cared about the LCBA and our mission. You could always count on Miguel for advice and support. He was an outstanding person and he will be greatly missed.”
~ LCBA Executive Director Lisa Poulin
iguel C. Fernandez III just wouldn’t stop. M Doctors gave him months to live when he was
didn’t fear death, because he knew where he was going.” Fernandez was equally as cognizant of where he came from. His family fled Communist Cuba when he was just diagnosed with liver cancer. Three years later, he was 5 years old, but he never stopped loving his homeland. standing vibrantly at the dais in front of his fellow LCBA It was 39 years before he returned, arriving for a mission past presidents, delivering the benediction as he often trip on a 39-minute flight from Miami to Havana that sent would at those luncheons. tears raining down his cheeks as Acevedo consoled him. Everyone knew his case was terminal, but he had been Fernandez’s brother-in-law Ralph Heredia, a Puerto so full of life that most of us had let the grim prognosis Rican, recounted the playful yet merciless ribbing drift to the back of our minds. He was vivacious right up Fernandez would give him over their respective heritages. until he passed away on March 21, less than three weeks Puerto Rico stole the design and after the luncheon. colors of the Cuban flag, and salsa “He had an attitude of perseverance ...a man of was invented by Cubans and copied and a zest for life that was infectious,” genuine influence. by Puerto Ricans, Fernandez insisted. said Jorge Acevedo, his pastor. He persisted until you gave in and At the center of it all was his very realized he was right all along, Heredia said. public Christianity. It was plainly evident during a public Fernandez’s relentlessness paid dividends in the memorial service held on Good Friday at Grace Church courtroom, in his community and in his family. On on the Cape Coral-North Fort Myers line. Friends and top of having been LCBA president in 2005, he was family members spoke in tribute to “a man of genuine president of the Lee County Legal influence,” as Acevedo called him. Aid Society, chair of the 20th Fernandez’s mark was apparent in the Judicial Circuit Court Grievance tenor of the service, punctuated with Committee, a member of the Second salsa music that made it clear this District Court of Appeals Judicial was more of a celebration of life and Nominating Committee, and a faith than an expression of grief and member of the Florida Bar Diversity sorrow. & Inclusion Committee. He also “My dad loved the Lord,” daughter served on numerous state and local Mariah Washington said during the bar committees, including ceremony. “He trusted His plan. He was unwavering in his faith. My dad Photo left: Miguel as a young boy with his mother, sister and father.
#KindLee. He devoted time to the Teen Court Project, Mock Trial competitions, the Florida Bar Justice Teaching Program, and multiple chambers of commerce. He was a board member for the Nations Association, Habitat for Humanity, Edison Festival of Light, and the Southwest Florida Council of the Boy Scouts of America. Despite all those obligations, he came home at 6 o’clock every night, without fail, to have dinner with his wife and three daughters, said daughter Desiree Fernandez. Outliving his diagnosis as long as he did allowed him to see Desiree graduate from law school, pass the Bar exam and land a job in Miami, Mariah said. He also got to meet his newborn grandson, saw another grandson speak his first word, saw his daughter Gabrielle get a promotion and buy her first home, saw Mariah become a Golden Apple winner and coach a softball team to the state finals, and took a cruise with Denise to celebrate their wedding anniversary. The love he showered on his wife and daughters shaped their lives, Desiree said.
Photo above: Miguel with his three daughters, Desiree, Mariah and Gabriela.
afoul of the law. When Nathan became 18, Fernandez “Because of that love, I have never doubted my value became Nathan’s counselor, helping him with his legal or self-worth,” she said. “It has set my expectations of issues and with his addiction itself. how I should be treated in my relationships. It has given “His influence on my life and my son’s life is forever,” me confidence to go after my goals and dreams without Acevedo said. questioning whether I was strong enough or smart Perhaps the only mission Fernandez was never able to enough or capable of achieving them.” accomplish was to become a judge. He made multiple The ripple effect of his life didn’t stop there. unsuccessful runs for the bench. “There’s really and truly not enough words to describe “Miguel felt that God wanted him to be a judge,” Denise how great a father, husband, son, brother, coach, attorney, said, recalling that he would handle each setback with leader and friend my father was,” Mariah said. “But I can humility and respect for his opponent. “He would tell me, say that the world is a better place because my dad was ‘You know what, Denise? … He’s a worthy opponent to in it. He will be sorely missed, and lose to. I’m grateful that he’s going never forgotten.” to be a judge.’” Acevedo felt the impact of He will be sorely Fernandez certainly never Fernandez in a deeply personal way. seemed to mind returning to missed, and never Acevedo’s son Nathan struggled his criminal defense practice in mightily with addiction and ran downtown Fort Myers, where he forgotten.
His father was his best friend. He worked for his clients for 24 years, ...a person’s true right up until he could no longer do was a devoted son who visited and so. had breakfast with his parents character is defined “He would get up every morning, every Saturday morning. Saturday by what they do when give thanks to God, and continue mornings you could find him and pushing like there was nothing his parents dining at a local Cuban nobody is watching. going on,” Heredia said. restaurant, wearing his guayabera, a He didn’t seek credit for doing so, according to son-intraditional Cuban shirt, his way of continuing to remember law Mike Washington. his roots. “Miguel once said that a person’s true character He also has a sister, Luisa, whom he adored. When is defined by what they do when nobody’s looking,” Miguel and Luisa were younger, they would go to teen clubs Washington said. “That has stuck with me ever since.” and enter dance competitions. He said he won a few, but he Washington never once heard him complain about his was never able to show me any proof. diagnosis. Instead, Miguel did love to dance. He threw epic New Year parties Fernandez kept where he would play DJ and had everyone on the dance smiling and cracking floor all night long. He would only leave the dance floor to jokes that would put greet guests or wipe the sweat from his forehead. a smile on the next His favorite dance person’s face, too. partner was his wife, That was Denise Fernandez. Fernandez to a tee. Miguel and Denise Always playful, met in high school, and always influential, according to Miguel, it always making other was love at first sight. lives better. He was devotedly and “His incredible passionately in love with legacy will live on Denise. Their love is one through our lives, and the lives of every that you think you can only find in fairy tales. person he touched,” Photo above: Miguel cracking a joke and He was somewhat of Mariah said. “My dad laughing at the LCBA Law in the Mall. fought the good fight. a chocoholic. His office was always stocked with Photo above: Denise and Miguel in the He finished the race, and he has earned his crown. Well chocolate and candy. His early days of their relationship. done, Dad. We will always love you.” poor assistant of 24 years, Kimberly, could never have a successful diet without him trying to sabotage it. Miguel received many awards and had many achievements throughout his life, but what he was most “Miguel was my mentor, and a friend. Our legal proud of were his three beautiful daughters — Desiree, community knew Miguel as a fierce, sharp, dedicated, legal Mariah, and Gabriela. He coached their softball teams, mind. He was a zealous advocate who probably gave many attended dance recitals and supported their dreams. state attorneys a run for their money. He participated and Even the one where in high school Desiree wanted to be gave much of himself to our community. a professional photographer. He was relieved when she But there was so much more to Miguel. decided to go to law school instead. Miguel was born in Cuba. At 5 years old he came to the Miguel was inspiring. He gave eloquent speeches and United States with his parents. Miguel LOVED the United seemed to always know what to say. He was wise beyond States. He appreciated the freedom and opportunities that his years. I was blessed beyond words to have met him, this great country provided. work beside him and call him my friend. I will miss him He was raised by both of his parents, who are still living. every day. ~ Karla Y. Campos-Andersen
Reflections
22
RES GESTAE | May 2018
“Miguel was the consummate father and family man. He was courageous beyond measure in facing and dealing with his unfortunate circumstances. He never complained or lost faith in God.
He was courageous beyond measure... He was very unselfish with his time in helping others and was a true “giver.” His example will require quite an effort to follow. My fondest memory of Miguel was of him as a young prosecutor. He and Ted Wolfendale were asked to try six jury trials in three days. They did so without complaint, with great results. The last jury (referred to as the pizza group) reached a verdict after midnight on the third day. He went from a wet-behind-the-ears lawyer to a mature prosecutor in just three days. He will be missed.” ~ Hon. Rad Sturgis
putting it out there. We can debate forever the role of religion and faith in the professional arena, but there was humility and dignity in the way Miguel expressed it. When we learned Miguel had cancer, he told us not to worry, that his faith was strong and his fate was with God. He told us he felt good and was moving forward with his practice, full steam. About two weeks before he died, I asked Miguel how he was doing. I asked him, as always, in the typical Cuban slang I reserved for our encounters. This time he responded in English, “I’m fine. My faith is strong, but my health is not good.” This was quite a confession coming from Miguel. He had never acknowledged that his illness was gaining on him. But in spite of the change in his spirits, I still knew he meant it when he said everything was fine. A week later —damn the torpedoes — Miguel conducted a twoday trial. And a week after that, he checked into the hospital for the last time. Always, when it came to apprehension of death, Miguel’s faith left no room for fear. He accepted God’s will with abiding peace in his heart. It’s that aspect of Miguel’s life that I will continue to study. There’s a lesson there.” ~ J. Tom Smoot III, Esq.
“Miguel and I first crossed paths as officers of the LCBA, where things were Photo above: Miguel as a young man. not terribly serious most of the time. We dished him lots of Ricky Ricardo, which he playfully tolerated. Miguel never initiated a “I served on our circuit’s professionalism committee. At communication with me in English. One of the things I’ll one meeting, a young attorney with a heavy Spanish accent miss most is hearing my name, “¡Tomasito!” shouted from was the subject of several requests for our services. across the street. I witnessed the attorney advocate TWICE in a financial As I followed Miguel through the ranks in our Bar hearing — over the judge’s admonishment that Florida is service, I developed immense respect for the way he had a no-fault divorce state — by saying, “Judge, she gives him ordered his life. His reverence for God, family, profession NO sex!” Clearly, help was required. and community was profound, and conveyed a sense The committee decided that he needed a Spanishof dignity that transcended his best Ricky Ricardo. A speaking man to smooth the rough professional edges. virtuous life is to be respected. We reached out to the attorney who immediately came to As LCBA president, Miguel’s monthly Res Gestae our collective mind — Miguel. He graciously served as a message always glorified his Creator. Some might say he professionalism mentor. Problem solved.” was forcing his faith on the reader. I think he was just ~ Vera Bergermann, Esq. ⚖
His reverence for God, family, profession and community was profound.
In recognition of Fernandez’s love of the Constitution and his work with the Odyssey of the Mind competition, Bergermann is inviting friends, colleagues and loved ones to help come up with an award to give to a deserving middle school student who demonstrates creativity and an understanding of the Constitution. Interested parties should contact Bergermann at 239-334-0075 or vera@bergermannlaw.com. May 2018 | RES GESTAE
23
legal lens
LCBA Bar-B-Q and Shrimp Boil The weather was perfect and the food somehow even better on March 24 at the Alliance for the Arts. Sponsors included Daniel J. Endrizal III, P.A., FineMark National Bank & Trust, Henderson, Franklin, Starnes & Holt, P.A., Leslea Ellis LLC, Millennial Brewing Company and The Pereira Law Firm, P.A.
1
3
Photos courtesy of Jim Jett Photography
7 1. Dan Endrizal, Hon. Robert Branning, Hon. Rad Sturgis, Jerry Von Gruben, John Webb 2. Jerry Von Gruben 3. Tiffany Pereira, Lisa Poulin 4. Dan Detrick, Cynthia Duff, Kathy Smith, Kelly Fayer 5. Cedric Hall with daughters 6. Rich Haberle, Marcy Shaw, Shannon Poupolo, Nick Stokke 7. Martha Reese, Hon. Thomas Reese, Hon. James Sloan, Kathy Sloan, Beverly Fuller, Hon. Mark Steinbeck and Hon. Margaret Steinbeck 8. LCSO Deputy, Stephanie Bendeck, Michael Raheb 9. Hon. Robert Branning
8 9 RES GESTAE  | May 2018
5
4
6
24
2
Photo credit: Jim Jett Photography
Thank yy...
FOR CONTINUING TO TRUST US WITH
YOUR CLIENT’S INJURY CASE. Jeff
Cell: 239.940.9716
Leland
AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR.
Cell: 954.294.2005
EXPERIENCED. CONFIDENT. AGGRESSIVE.
CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM
McHale, P.A.
Criminal & DUI Defense Family Law & Divorce Representation • Expert Witness Testimony • Forensic Accounting
Attorney Katheryn Calvo
Board Certified in Criminal Trial
Attorney Jose Calvo Former Prosecutor
Se Habla Espanol
• Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business
Management
239.332.5501 CalvoLaw.com 1534 Jackson Street • Fort Myers, FL 33901
May 2018 | RES GESTAE
25
Special Feature BY CHUCK MYRON
A place to turn for help The consequences can be devastating.
The wrong legal filing or a missed court date can drastically impact a person’s life, even for simple civil matters like small claims and evictions. For people without access to an attorney, mistakes are easy to make. “If you look at some of these forms, the legal terminology is a little extreme,” Lee County Clerk of
26
RES GESTAE | May 2018
Court and Comptroller Linda Doggett said as she stood in a room designed to even the playing field. Doggett has over the past year overseen the transition of a space jammed with old family court files into an
interactive Self Help Center that began operating March 5. It’s designed to be a resource where people who represent themselves in civil court may file forms, get notarized documents, check on hearing dates and more. “A lot of people really don’t know how the process works and really are very concerned about doing the wrong thing,” said Michael Healy, general counsel for the clerk’s office. “They want to get a second set of eyeballs on what they’re doing or want to know exactly how they should proceed.” Merely figuring out where to begin presents a challenge. “People who come into the court system are stressed,” Doggett said. “It’s a very stressful part of their lives.” Clerk counters are often “standing room only” at peak times, Doggett said, full of people looking for assistance. Now, justice center visitors with inquiries about their civil cases are funneled past the counters and to the center, where clerk staffer Staroudly Choute-Simon delivers a warm greeting that makes it clear customer service is a priority. “We’re trying to have a culture here of ‘We are here to help,’” Doggett said. “When you’re in a position to help somebody every day, it’s a good feeling.” The center is filled with several computers where visitors can receive instructions on how to fill out more than 100 forms. In the back is a room with a small table where Doggett envisions the center having its greatest impact. The office of the clerk isn’t allowed to give legal advice, but Doggett and her team have partnered with attorneys willing to provide affordable guidance. The Lee County Legal Aid Society hopes to
begin weekly no-cost consultations in the center soon. Arranging for services like that became Doggett’s primary objective after she began serving on the Florida Commission on Access to Civil Justice. “It really has opened my eyes to how many people represent themselves without an attorney in complex situations and how much help they really need,” Doggett said. “It just made me acutely aware of how important it is for us to provide that level of service where we could.” The attorneys are only in the center two days a week, but that could soon change. “The idea is to scale up to what the demand is,” Healy said. “If the demand is two days a week, great, and if the demand is five days a week, then we’ll see what we can do to staff it more.” The center is also having an unintended benefit, as some attorneys have found it an efficient workspace. “We’ve had some interest from attorneys who are in the building in between court,” Doggett said. “They can come to the Self Help Center and use the computers to look up cases, and they can e-file.” Still, the project isn’t a cost to taxpayers. It’s simply a centralization of services the clerk’s office already provided, Doggett said. “We basically took our clerk services that we were providing at the counter, moved them here to this dedicated space, and brought in volunteers to help with navigation,” she said. Doggett’s ultimate goal, beyond providing better public access, is to encourage more people to file electronically. Paper forms can be cumbersome, incomplete and sometimes difficult to read, but the TurboCourt software that’s on the computers in the Self Help Center and tied to the county’s online filing system eliminates legibility issues and guides users blank-by-blank so they don’t miss a step. Plus, the more accurately they fill out a form the first time around, the fewer trips they’ll need to make to the justice center, and the less staff the clerk will need. “What we’re hoping to do is to get all of our selfrepresented litigants to use those online forms, or at least 80 percent of them,” Doggett said. It’s the ultimate manifestation of the transition from paper to electronic records that freed up the space needed to create the center in the first place. The clerk’s goal is to make things easier, efficient and equitable for everyone in the court system. “We’re trying to provide a better service within the funding limitations and not spend taxpayer money on these additional services, while getting it out to our citizens where they need it,” she said. ⚖ May 2018 | RES GESTAE
27
#KINDLEE COMMUNITY SPOTLIGHT BY HON. STEPHEN B. RUSSELL
My first murder case as a young prosecutor in the late 1970s involved a shooting behind the building that is now Quality Life Center, a United Way partner agency. Back then it was a liquor store and lounge, and a blight on the community because it was the center of constant criminal activity. The club was later shut down and the owner sent to prison for drug trafficking. The Executive Director of Quality Life Center, better known as the Q, had a vision for that dilapidated building. Now, it is colorful and clean with bright playground equipment in the fenced yard. Inside, children from the neighborhood meditate every day and participate in active learning lessons. This is part of the Q’s Arts, Character & Education program, which includes afterschool, summer camp and teen programs. It received national recognition when it was named a 2017 National Arts and Humanities Youth Program finalist. I am a longtime board member of the Q, motivated by the total transformation of a building from a symbol of people in ruin and despair into a positive and shining beacon of hope and bright futures for at-risk youth in our community. These are youth whose families have often faced difficult socio-economic and historical challenges, but who hunger for direction and a reasonable and fair opportunity for success. A relative of the man who used to own Club 21 can be found at the Q these days. He is a leader in the Q’s teen program and a senior in high school with a 3.9 GPA. He is preparing to head off to college in the fall. He and so many other youth are a testament to what is possible when we invest in our children. Because of waiting lists in all programs, the Q is working on expanding the building in order to serve more children. To get involved or learn more, go to qualitylifecenter.org or call 239-334-2797. ⚖
28
RES GESTAE | May 2018
LEARN HOW WE CAN SAVE YOU TIME AND MONEY TO HELP YOUR PRACTICE GROW. • • • • • • • •
QuickBooks Product Selection QuickBooks Setup & Implementation Bookkeeping Onsite/Offsite - Monthly, Quarterly, Annually Trust Accounting Case Management Integration - Cloud/Desktop Payroll Discounted Rates We Work With Your Needs and Budget in Mind
OUR SOLUTIONS ARE TAILORED TO YOUR PRACTICE! 239.357.5595 TotalQuickbooksSolutions.com Carrie@TotalQuickbooksSolutions.com Carrie Kane, Owner/Operator
1342 Colonial Blvd., Suite D30 | Fort Myers, FL 33907 MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:
>>
PERSONAL INJURY
>>
NURSING HOME
>>
INSURANCE DISPUTES
>>
CONTRACT DISPUTES
>>
CONSTRUCTION
>>
REAL PROPERTY
>>
MALPRACTICE
EXPERIENCE IN DEVELOPING STRATEGIES AND PATHWAYS TO RESOLUTION!
FULL TIME
DENISE H. KENNEDY, ESQ. CERTIFIED CIRCUIT-CIVIL MEDIATOR | QUALIFIED ARBITRATOR
> > OVER 30 YEARS CIVIL LITIGATION EXPERIENCE REPRESENTING
PLAINTIFFS AND DEFENDANTS >> OVER 4000 MEDIATIONS AND ARBITRATIONS >> BOARD CERTIFIED IN CIVIL TRIAL LAW (1995) >> AVAILABLE THROUGHOUT 20TH AND 12TH JUDICIAL CIRCUITS WITH NO TRAVEL FEE
May 2018 | RES GESTAE
29
the dish BY CHELLE KOSTER WALTON
Chuchi’s:
AN
A DV E N T U
SPANISH DI E N I U N E NIN RE IN G
G
I
n a world where “tapas” often means merely “appetizers,” and “paella” any rice and seafood dish, it feels like divine intervention to have found Chuchi’s Restaurant. As the Cape Coral restaurant scene grows into a bona fide foodie destination, Chuchi’s fills a niche. Not that the city has lacked in its Latino offerings. Indeed, it’s known for its south-of-the-border restaurants from Mexican to Peruvian.
We started with sangria and a variety of tapas on a recent visit as we waited the 30 minutes for
Photos top to bottom: Salmon and shrimp with guacamole tapas, choose between red or white wine sangrias, seafood paella.
30
RES GESTAE | May 2018
the paella we ordered to reach the perfect degree of creaminess. The sangria comes in red and white, so we ordered both, presented elegantly over ice with thin slices of green apple and reasonably priced at $6.50 each or $26 for a pitcher. Out of the four tapas we split – they’re really meant for one person, priced at $2 or $2.50 each, but we managed to share – we loved best the shrimp and guacamole. The multi-paged menu doesn’t give you a lot to go on as far as dish description. It merely names each dish in Spanish and English. So, we were delightfully surprised when this one arrived in a cup of fried green plantain slices (aka tostones). Four of the dozen or so tapas selections are presented this way. In this one, the guac tasted uncommonly flavorful with bits of tomato, and the shrimp was cooked rare, which we liked. (Always better to undercook shrimp than commit the overcook sin, I always say.) Our extremely compliant server supplied extra plates, elegantly simple as was the flatware, to indulge our splitting. Each tapa consisted of roughly four bites. We also
Photo credit: Chelle Koster Walton
Where Chuchi’s steps into the scene, it leaves a footprint of modern, bright, clean design and authentic Spanish cuisine, starting with the real-deal tapas. If you are entertaining adventurous diners, here’s the place to take them for fun noshing for lunch or dinner. Check Chuchi’s Facebook page for Spanish comedy club and other live entertainment events upstairs.
loved the octopus bread, which topped a toasted slice of baguette with chargrilled octopus and a wedge of grilled red bell pepper. Like the shrimp tapa, the chorizo dish presented multidimensional taste-bud stimulation. A shard of manchego cheese intervened between two sauteed sausage rounds and the baguette slice. A drizzle of olive oil and a speared top-shelf green olive completed the presentation.
breakfast (priced from $4.75 to $6.49), it would be that salty, rich chorizo with fried egg and homemade potatoes. For lunch, I’d have to try either the signature chicken sandwich (although the menu gives no clue what that entails, I trust it will dazzle) or ropa vieja (shredded beef ) on the lunch specials, which sell for $9.50 to $14. And definitely a bowl of the butternut squash soup. For dinner, where entrees range from $8.49 to $28.95, I’d choose the whole fried snapper with a corvina (white fish) ceviche starter. For dessert? Well, there’s only one choice, or so we understood from our server. (There was a slight language barrier, although the staff otherwise does a topnotch job of communicating.) On our visit, our palates were all set to try a chocolate cake the menu offered. But that shouldn’t be on the menu, our server told us. Our choice was rice pudding. Soupier than we are accustomed to, the creamy dish was highly seasoned with cinnamon and nicely low on sweetness, with a slight crunch to the rice. Like everything we sampled and have yet to taste, it underlined Chuchi’s commitment to true, adventurous dining. ⚖
Photo above: Octopus bread tapa. Photo right: Octopus bread and chorizo tapas. In fourth place, seared salmon arrived with a refreshing base of baguette, cream cheese and cucumber. Other base de bagget tapas include Spanish omelet, with or without Iberian ham, and cream cheese and Cerrano ham. Imported Spanish ingredients add deep authenticity and heightened flavor. Our paella was so breathtaking, it should have arrived with fanfare. We chose the seafood rather than the “mixta” variety with chicken and pork. They are listed under “Special Plates of the House,” along with Arroz Caldosta con Langosta. The most expensive dish in the house at $34, it consists of rice and lobster. Mixta paella is $14.99; our seafood rendition, $19.99. In-shell mussels and clams and head-on shrimp bobbed atop the saffron-tinted, lightly al dente Arborio rice studded with rings of tender calamari. Strips of grilled red pepper again added color, a smidgen of smokiness, and tang. Wedges of lime on the side sparked the flavor of the dish, totally sharable after starting with the tapas. We took home about half even after splitting it. The comprehensive menu also lists breakfast items, lunch specials, soup, sandwiches, pastas and mains. I already know what I’m ordering on my next visits. For a late
2114 Santa Barbara Blvd., Cape
Coral 239-347-8171 | ChuchisRestauran t.com Open daily noon - 9 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.
May 2018 | RES GESTAE
31
Spencer M. Shaw Henderson Franklin, Starnes & Holt, P.A.
Leah Lee Harwood State Attorney's Office
Amanda J. Sharkey Ross Henderson, Franklin, Starnes & Holt, P.A
James J. Kelleher The Kelleher Firm
Justin B. Hales Law Offices of Dennis L. Webb, P.A.
Dennis B. Kohlhoff State Attorney's Office
Peter M. Fisher Fisher Law Office, PLLC
Adrian Isaac Medin The Salameh Law Group
Garrett W. McIntyre Aloia, Roland, Lubell & Morgan, PLLC
Maria Rita Alaimo Viles and Beckman
YOUR A+ CHOICE IN BAIL BOND SERVICES A comprehensive bail bonding service available to your client 24 hours a day 7 days a week. Serving all of Florida & most other states! Any Court, Any Time, Any Where Associated with Expert Bail, we deliver the necessary documents to get your client released as quickly as possible. Nancy Kelly Scafuri - nancykelly305@gmail.com Main: 239.334.0044 • Cell: 239.443.6404 • Fax: 239.226.0001
GetSmartBailBonds.com 2551 Fourth Street. • Fort Myers, FL 33901
32
RES GESTAE | May 2018
DONNA TISCH ME D I AT I O N S • AR B IT R AT ION S
A FULL-SERVICE LAW FIRM SINCE 1924
With sensitive legal malpractice claims and grievance matters, we are the “lawyer’s lawyer.”
“We take an Active Role... We Never Give Up!” Full-Time
Certified Circuit Civil Mediator Qualified Arbitrator AV Rated ~ Board Certified Civil Trial Lawyer
Serving Lee County Tuesdays and Wednesdays
Online Scheduling for Mediations and Arbitrations
Michael J. Corso Shareholder
Traci T. McKee Shareholder
HENDERSON FRANKLIN’S EXPERIENCE IN THE LEGAL MALPRACTICE DEFENSE FIELD enables us to confidently and competently defend Florida lawyers exposed to liability claims and disciplinary matters, including: • Professional Negligence
• Florida Bar Complaint Responses
• Breach of Fiduciary Duty • Grievance Committee Hearings • Conflict of Interest
• Referee proceedings
• Fraud
• Mediations of disciplinary proceedings
DonnaTisch.com 239.826.3644
Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples
©2018 Henderson Franklin Starnes & Holt, P.A.
May 2018 | RES GESTAE
33
LCBA Judges Spotlight BY HON. JOSEPH C. FULLER
1. I saw John F. Kennedy four days before he was assassinated. It was at Al Lopez Field in Tampa. He rode in the same convertible that he was in when he was killed. He saw me and said, “Hi, son!” 2. I sat ringside to the stage for a Beatles concert in 1964. And the ticket price was $5.50. Not a bad value. Dick Clark and his wife were sitting in the row behind me. I got his autograph. Too bad I left the camera in our hotel room. 3. One fateful phone call changed my life. The dean of the South Texas College of Law called me, and after a back-and-forth, I told him I’d go wherever I was accepted first. His next words were, “Congratulations! You’re accepted!” 4. I met my wife during my last year at South Texas. Beverly and I got engaged four months later, and this year, we’ll celebrate our 40th wedding anniversary. Like I said, that was a fateful phone call. 5. Two of my most memorable adventures were a shark dive at Andros Island in the Bahamas, and an authentic eightday 1870s cattle drive through 60 miles of Colorado mountains!
Your
APPELLATE
GURU Local focus, statewide reach.
• Florida Bar Board Certified Appellate Practice • 12+ years’ experience with state & federal appeals
Christopher D. Donovan 239.213.3865 cdonovan@ralaw.com
• Former staff attorney for the Second DCA
With offices in Lee and Collier County. RALAW.COM | ROETZEL & ANDRESS, A LEGAL PROFESSIONAL ASSOCIATION
34
RES GESTAE | May 2018
Prather SWANK P.A. E L D E R
L A W
A T T O R N E Y S
same fish, different ponds 12685 New Brittany Blvd. Fort Myers, FL 33907
10175 Six Mile Cypress Pkwy. Suite 4 Fort Myers, FL 33966 Ph: 239-208-3040 Fx: 239-288-5570 info@swankelderlaw.com www.swankelderlaw.com
Ph: 239-208-3050 Fx: 239-208-3051 info@bpratherelderlaw.com www.bpratherelderlaw.com
My Value Proposition:
I want to understand what’s important to you. Only then, can you and I work through an established process to analyze personalized strategies helping you achieve your financial goals. I will continue to partner with you and your family throughout your life revisiting your goals and strategies we’ve developed helping to keep you on track toward your goals. Brad Jessen
Financial Advisor Proudly Helping Families & Businesses Organize, Analyze, Preserve, and Transfer Wealth
Member SIPC
Brad Jessen, Financial Advisor 239.283.2582 edwardjones.com 12016 Matlacha Blvd, Suite C Matlacha Isles, FL 33991
35 Years. 3,500 Mediations.
Experience Makes the Difference.
LPR
Leonard P. Reina, P.A. Attorney ■ Mediator ■ Arbitrator ■ Special Master
239.263.2059 www.LPReina.info LPReina@LPReina.com
May 2018 | RES GESTAE
35
LCBA Members spotlight BY TIFFANY PEREIRA, ESQ.
1. I am the Editor-In-Law-In-Training of Res Gestae. I am fortunate to be working with Kelly Fayer, the current Editor-In-Law, our Captain, Chuck Myron, and everyone at CONRIC. If you have any ideas of what you would like to see in future issues, please do not hesitate to reach out to one of us. 2. I share my home with big horses, miniature horses, cows, goats, pigs, chickens, ducks, and three dogs. If there is a cause involving animals or agriculture, ask me to join! 3. I love being a part of this community. I grew up off McGregor and moved back to Southwest Florida in 2015. Apart from being on the Executive Council of LCBA, I am also on the YLD Board and the Lee County Association for Women Lawyers Board. I am grateful for every opportunity to contribute. 4. The first time I appeared in court by myself was in front of Judge Alane Laboda. I listened to her speak at a luncheon shortly prior, where one of my colleagues recited the best piece of advice Judge Laboda gave her: “Don’t take your work home. When you are at work, be 100 percent at work. When you’re at home, be 100 percent at home.” This is my mantra now. 5. My husband and I will be welcoming our first child— the newest future LCBA member — in November.
36
RES GESTAE | May 2018
Thinking Social Security Disability? Think Kushner & Kushner. Printing | Publishing | Mailing
PRECISE... PROMPT... PERFECT... PANTHER...
POST CARDS
Circulation - 1,000 | Readership - 3,000+
BROCHURES
G
CATALOGS
IN
RACK CARDS
Get seen and promote your law practice or business to LCBA members in the award-winning Res Gestae! Sponsorship opportunities also available Contact Linda Fiore at 239.690.9840 or Linda@ConricPR.com
NN WI
Your ad could be here!
FINE STATIONERY
D
2121 West First Street • Fort Myers, Florida 33901
AR AW
www.KushnerAndKushner.com Phone: 239.337.3600 • Fax: 239.337.1428
MAGAZINES POCKET FOLDERS
Fort Myers 936.5050
Cape Coral 542.1050
Naples 643.9999
www.PantherPrinting.net May 2018 | RES GESTAE
37
In The news Francine Donnorummo, chief of the Special Victims Unit for Florida’s 20th Judicial Circuit, has been named to the advisory board of Christy’s Cause, an Estero-based nonprofit working to eradicate child sex trafficking through education, public awareness, restoration projects, and justice initiatives. Donnorummo is co-chair of the Human Trafficking Task Force, a multidisciplinary effort to best meet the needs of the victims and the public subject to human trafficking trauma. She is authorized to work as part of the U.S. Attorney’s Office for crimes involving the exploitation of children.
Suzanne Boy of Henderson, Franklin, Starnes & Holt, P.A. presented a pair of sessions at the recent Global Pet Expo, a convention of pet product sellers held in Orlando. Her “Test Your Employment Law IQ: Issue Spotting for Employers,” workshop taught how to spot potential legal issues and gain a better understanding of important employment laws. In “Top Ten Reasons Employees Sue Their Employers,” she showed how employers can avoid lawsuits, ways to effectively defend lawsuits and proactive steps to reduce liability.
David Sims of Henderson, Franklin, Starnes & Holt, P.A. has been elected to the 20th Judicial Circuit’s Grievance Committee. The committee reviews complaints against lawyers licensed by The Florida Bar, investigates the allegations, and decides whether there is probable cause to believe a lawyer violated the professional conduct rules imposed by the Supreme Court of Florida. It also decides whether discipline is warranted. Sims is a Florida Bar Board Certified Marital and Family Lawyer, a Certified Family Mediator and Chair of the firm's Divorce, Marital and Family practice. Attorney Miesha M. Hewitt has joined the law firm of Knott Ebelini Hart as an associate. Miesha will concentrate her practice in business litigation, working with clients throughout all stages of the litigation process. Miesha was a law clerk at the U.S. District Court for the Middle District of Florida prior to joining the firm. She graduated magna cum laude with a Bachelor of Science in political science from Florida State University, and she received a full scholarship to Ave Maria School of Law, where she graduated cum laude.
Melissa E. Mongiello has joined the Simmons Law Firm, P.A. as an associate attorney. Mongiello is focusing her practice on real estate, wills, trusts and estates at the firm's Sanibel location. She grew up on Long Island and has been a resident of Fort Myers for the past two years. She attended Sacred Heart University in Fairfield, Conn., for her undergraduate studies and Florida Coastal School of Law for her J.D.
Pavese Law Firm partner Christina Harris Schwinn has won the Society for Human Resource Management SWFL’s Excellence Award for this past year. The award recognizes professional excellence, high ethics and community engagement. Schwinn has served since 2014 as the society’s legislative director, actively meeting with governmental leaders to promote selected HR Florida Workforce legislation. She joined Pavese Law Firm in 2005, concentrating her practice in employment law, business transactions, community association law and real estate law.
38
RES GESTAE | May 2018
In The news
SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.
Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client. All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney. “Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office
JoeViacaVaLaw.com Main (239) 288-5969 • Cell (239) 410-8292 • Fax (239) 288-5572 Available 24/7 - “calls are put directly through to me, not an associate” Calls accepted ANYTIME from ANYPLACE TROUBLE may be found.
2036 McGregor Boulevard • Fort Myers, FL 33901 May 2018 | RES GESTAE
39
PRSRT STD U.S. POSTAGE
PAID
FT. MYERS, FL PERMIT NO. 147
P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org
WE M A K E BA NK I N G AB OU T Y OU !
Ron and Shari Schmitt, Owners of Cougar, Pictured with their sons Brandon and Andrew
“With Edison National Bank, your banker is just a phone call away.” We started banking
with
Geoff Roepstorff in the 1980s, so he was already part of our business when Edison National Bank opened 20 years ago. He and his team are the reason we bank there, doing business the good old-fashioned way, where your banker is just a phone call away. You get answers you need the same day, and that has made all the difference in our business. 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.