Res Gestae - November 2018

NOVEMBER 2018

ON TARGET

Charitable giving results in trip to gun range for LCBA leaders

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

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Contents

features

AD DIRECTORY

20 I Shot with the Sheriff

by Chuck Myron

On the cover: Dan Endrizal, Tiffany Pereira, Travis Russell, John Webb Photos courtesy of Michaela Steakley, Cedric B. Hall.

Photo composite: April Bordeaux

20

departments 6

Letter from the President

by Dan Endrizal, Esq.

8

Letter from the Executive Director

by Lisa Poulin

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

18

14 Practice Section

General Civil & Business Litigation

by Mark Nieds, Esq.

16 YLD Spotlight

by Joel W. Hyatt, Esq. 18 #KindLee Spotlight

Robert Cooper, Esq.

22 Legal Lens

22

LCBA Luncheon

26 New members 28 Legal Lens

SalusCare Check Presentation

30 The Dish

Downtown Social House

32 100 Club 34 LCBA Judges Spotlight

Hon. Sheri Polster Chappell

36 LCBA Members Spotlight

Kevin Kyle, Esq.

38 In The News 4

RES GESTAE  | November 2018

30

All Native Construction 27 Back In Motion IFC Back In Motion 25 Barbara Pizzolato 33 Brad Jessen, Edward Jones 35 Business Observer 29 Calvo & Calvo Attorneys at Law 19 CONRIC PR & Marketing 34 CopyLady 7 Copy IT 27 Denise Kennedy 29 Direct Impressions 37 Donna Tisch 11 Edison National Bank BC FineMark National Bank 17 Fort Myers Court Reporting 28 Garvin Law Firm 36 Henderson, Franklin, Starnes & Holt, P.A. 13 Hotel Indigo 29 Joe Viacava Law IBC Kelleher Firm 26 Kempton P. Logan 19 Law Firm of Scott T. Moorey 27 Law Offices of Dennis L. Webb 33 Leonard P. Reina 33 Leslea Ellis, LLC 11 Livingston Loeffler, P.A. 9 McHale, P.A. 37 Men's Rights Law Firm 18 Merit Court Reporting, Inc. 15 Musca Law Office, Inc. 3 Paris Made for You 9 Ringsmuth, Day & O'Halloran, PLLC 25 Robins/Kaplan, LLP 15 Roetzel & Andress 32 Sheldon E. Finman, P.A. 35 Small Cakes 13 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 23 The North Law Firm, P.A. 17 Thomas M. Dryden, P.L. 35 Total QuickBooks Solutions 37 Veranda Restaurant 9 Von Ahn & Associates 23 William DeForest Thompson Jr., LLC 19

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 November 11, 2018 marks the 100th anniversary of the end of World War I. This day was formerly known as Armistice Day but has since been commemorated as Veterans Day. Veterans Day is important to me for many reasons, and one of them is that the military taught me lessons about pride in my country and pride in serving others that I have taken with me in my career and daily life.

In June of 1918, Gen. Black Jack Pershing, Commander of American Expeditionary Forces, led U.S. troops into western France and Marines to the famous battlefield of Belleau Wood.

There, the Marines encountered heavy machine gun fire and intense hand-to-hand combat for three-plus weeks. Casualties sustained were the highest in Marine Corps history to that date.

Their incredible sacrifices and fierce struggles turned the tide of war for the allies and ultimately led to victory over Germany. Their battlefield success merits an immortal place in Marine Corps history and lore.

U.S. Marines proudly claim the moniker “Devil Dogs” because of their ferocity in combat at Belleau Wood. The term was coined by the German front line explaining that fighting Marines were like fighting “Teufelshunde” or “Hounds from Hell."

One hundred years later, Belleau Wood is a sobering reminder that victorious ends have often required bloody means.

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

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RES GESTAE | November 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. & Eunice Gedeon, Esq. Pro Bono Andrew Banyai, Esq. & Blair DeMinico, Esq. LCBA Foundation Charity Golf Tournament Shannon Puopolo, Esq. & Kenneth A. Jones, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & R. Noelle Branning, Esq. #KindLee Amanda Bartley, Esq. & Kelly L. Fayer, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Alex Brockmeyer, Esq. & Matthew Irwin, Esq. Criminal Law Marisa Boysen, Esq. & Leah Harwood, Esq. Elder Law Blake Hampton, Esq. & Amy McGarry, Esq. Family Law Magistrate Gilberto Perez & Kati Calvo, Esq. General Civil & Business Litigation George Knott, Esq. & Carlos Kelly, Esq. Land Use & Governmental Law Erica Woods, Esq. & Sarah Spector, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. & Jennifer Hammond, Esq. Solo & Small Firm Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.

With Thanksgiving almost here, we at CopyLady are eager to express our gratitude for all the LCBA members who support us and support the bar. Without you, this partnership wouldn’t be possible.

Thank you, one and all!

“We contacted CopyLady when we moved into our new office a few years ago. They were able to provide us with a high-quality copier that matched our growing agency needs. Their service team has been terrific in making sure everything operates to our expectations. Thank you, CopyLady! ~ Rick Williams CFO, CONRIC PR & Marketing

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President, Cynthia Duff, President

Cynthia Duff

Letter from the executive director Hello, November!

To me, November is the month of being thankful. Our lives get so busy with family and work on a day-to-day basis; Thanksgiving gives us that moment to reflect and be thankful for what we have in our lives. I have so much to be thankful for. Today, my life is far better than it used to be. In my younger years, I didn’t understand gratitude, but now I do, and being grateful is a choice. So today, I chose to make a list. Here are my 10 reasons to give thanks today: I am thankful for my health, for being able to jog the Edison Bridge and join Camp Fit for a 21-day burn.

I am thankful for my children and grandchildren. I am very blessed to have them and love them very much.

I am thankful for my job. I love my job and love working for the Lee County Bar Association as the Executive Director.

I am thankful for all my friends. I am very blessed to have support from them when I need it.

I am thankful for my assistant, Kheila Perez. She is truly an amazing person and I love working with her.

I am thankful for my siblings. We were separated at a very young age and our unconditional love remains strong.

I am thankful for Nanci DuBois. She is my role model and a mother figure. I learned a lot working with Nanci and that has made me become very successful in my position at the Lee County Bar Association.

I am thankful for my dog, Jace. No matter what kind of day I am having, he always puts a smile on my face.

I am thankful for the kind people in the world. Because of you, this world is a better place.

I am thankful for myself. No matter what struggle I am going through, I keep a positive attitude, stay strong, smile and laugh often.

Here’s my challenge to you: Take some time today, wherever you are and whatever you’re doing, to come up with a gratitude list. I believe it will make you appreciate every blessing you have.

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

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RES GESTAE | November 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. Mark Nieds, Esq. Joel W. Hyatt, Esq. Robert Cooper, Esq. Chelle Koster Walton Hon. Sheri Polster Chappell Kevin Kyle, Esq.

CONTRIBUTING PHOTOGRAPHERS

Jim Jett Photography Michaela Steakley, Michaela Meets World Photography Cedric B. Hall

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.

6216 Whiskey Creek Drive, Suite B Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com

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

November 8

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

Art Center, 2301 First St., Fort Myers.

2018 LCBA annual sponsors will be the honorees. Cost is $25 for members, $35 for nonmembers, free for judges. Visit leebar.org for more information.

November 9

November 22

Criminal Law Practice Section Lunch Meeting

Real Property, Probate and Trust Law Meeting

Noon-1 p.m., Courtroom 5G, Lee County Justice Center, 1700 Monroe St., Fort Myers. Lunch and one CLE credit are provided. Guest speaker Michael Sneering of Porter Wright Morris & Arthur LLP will discuss the use of outof-state and international entities/trust for Florida residents.

Thanksgiving Day

LCBA office and courts closed

November 23 Black Friday

LCBA office and courts closed

All attorneys under age 35 or in their first five years of practice are invited to attend.

December 14

Real Property, Probate and Trust Law Meeting

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

December 20

Family Law Practice Section Brown Bag Lunch Meeting

11:45 a.m.- 1 p.m., Lee County Justice Center, courtroom 5C, 1700 Monroe St., Fort Myers, FL 33901.

November 9

December 24

6 p.m.-10 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. The cost is $115 per attendee. The cost is waived for judges. Judiciary guests are $95. The black-tie event will feature a surf-andturf dinner, a silent auction benefiting the LCBA Foundation and more. Visit leebar.org for more information.

LCBA office and courts closed

Christmas Eve

29th Annual Bench Bar Gala

November 12

Veterans Day (Observed) LCBA office and courts closed

November 15

Family Law Section Brown Bag Lunch

December 5

Alternative Dispute Resolution Practice Section Meeting

Noon-1 p.m., Hearing Room 4O, Lee County Justice Center, 1700 Monroe St., Fort Myers. The Hon. Judge Alane Laboda and Henry Lee Paul, Esq. will discuss cultural diversity and ethics issues for mediators. One CLE credit is provided. There is no cost to attend for LCBA members.

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 leebar.org/ events/calendar.

December 6

November 16

Young Lawyers Division Monthly Lunch Meeting

LCBA Sponsor Appreciation Luncheon Noon-1 p.m., Sidney & Berne Davis

December 25 Christmas Day LCBA office and courts closed

January 1

New Year's Day

LCBA office and courts closed

LCBA Holiday Party

6 p.m.-10 p.m., The Veranda, 2122 Second St., Fort Myers.

December 7

Noon-1 p.m., Hahn Loeser & Parks LLP, 2400 First St., Suite 300, Fort Myers.

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

Thank You to our Annual Sponsors for 2018

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RES GESTAE  | November 2018

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11

Ethically speaking

BY HENRY LEE PAUL, ESQ.

ABA preparing early for 2019 hurricane season — lawyers should, too

A

s we move into the holiday season and leave behind the long, hot hurricane season, the American Bar Association has given us some guidance regarding ethical obligations to prepare for the next hurricane season.

The ABA advises that all lawyers should have a disaster plan.

The ABA issued Formal Opinion 482 in September 2018 entitled “Ethical Obligations Related to Disasters.” The opinion is a good, common-sense reminder of how to prepare in advance for disaster and what to do in the aftermath, with a focus on the relevant ethical obligations.

It deals with many of the hard lessons learned by Southwest Florida practitioners who went through Hurricane Irma.

The opinion instructs that, “Lawyers have an ethical obligation to implement reasonable measures to safeguard property and funds they hold for clients or third parties, prepare for business interruption, and keep clients informed about how to contact the lawyers.”

Much attention is given to the role of modern technology in protection, preservation and accessibility of client files and property and suggests that lawyers “develop sufficient competence in technology to meet their obligations under the Rules after a disaster.” A good plan includes having adequate backup and remote accessibility.

Lawyers should maintain a client contact list to enable client communication in the event of disaster, and they should consider providing clients an alternative contact.

Special concern should be paid to protection of original client documents of intrinsic value, such as wills, trusts, deeds or negotiable interests. A lawyer has a duty to make reasonable provision for the protection of such documents.

In the event such documents are destroyed, a lawyer has

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RES GESTAE | November 2018

a duty to attempt to reconstruct the documents and to communicate the status of the documents to the client.

Attorneys should also consider access to funds held in trust. This includes knowledge of the bank’s disaster plan and provisions for availability of funds post-disaster. If necessary, a lawyer should consider the possible advance transfer of funds to a bank that is expected to remain operational after the disaster.

In the event a lawyer is unable to fulfill ethical obligations to clients as a result of disaster, the lawyer may be compelled to withdraw from representation. The ABA has adopted a model rule to allow lawyers to relocate to another jurisdiction, post-disaster, to continue practice that is related to their home jurisdiction. Florida declined to adopt this proposed rule in SC10-1967, but some of our neighboring states have done so. Alabama, South Carolina and Louisiana are reported to have adopted such a rule that would accommodate Florida lawyers for a limited time in the wake of a disaster.

The ABA opinion is a good resource to assist lawyers in developing a disaster plan. The Florida Bar website also has an excellent resource page on disaster and preparedness planning that can be found in the PRI “Manage Your Practice” section. ⚖

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

General Civil & Business Litigation

BY MARK NIEDS, ESQ.

Supreme Court to clarify copyright registration issue

T

noted that there is a split of authority on this question.

Copyrights accrue on creation of a work of original expression, and a copyright registration is not required to own a copyright or acquire these rights. The Federal registration process, while simple, can take nine to 12 months to complete before any Registration Certificate issues.

The 10th Circuit interprets the Copyright Act to require an actual registration to satisfy the Muchnick precondition. But, the Ninth, Fifth and Eighth Circuits view pending applications as sufficient. The First and Second Circuits have recognized the split of authority and have declined to decide the issue.

he high court will soon weigh in on a key issue for attorneys who deal with copyright registration.

The Copyright Act, 17 U.S.C. 101, et seq. provides a number of rights and remedies for infringement, including statutory damages and attorney fee recovery. The Act also states “[N]o civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.”

17 U.S.C. 411.

The Supreme Court has viewed registration as a precondition to bringing suit under the Copyright Act. Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010). Registration was not a jurisdictional issue — a court could have jurisdiction over a dispute if there were unregistered copyrights — but rather registration was a precondition to claiming relief under the Copyright Act. Since Muchnick , the operative question has been what constitutes “registration of a copyright” sufficient to satisfy the precondition for suit under the Act. Is it enough for a plaintiff to have an application to register a copyright pending in the Copyright Office before filing suit, or must a plaintiff have a final registration and Registration Certificate in hand?

The Supreme Court recently granted cert in an appeal from the 11th Circuit decision Fourth Estate Public Benefit Corp. v. WallStreet.com, LLC, 856 F.3d 1338 (11th Cir. 2017), cert granted 138 S.Ct. 2707 (2018) to address that specific question.

Fourth Estate produced online content which it licensed to others. Wall-Street.com was a former licensee that Fourth Estate claimed was infringing its copyrights.

Fourth Estate filed suit in the Southern District of Florida claiming infringement based on what were, at the time, pending applications to register copyright in the allegedly infringed content. Defendant moved to dismiss, arguing that the clear terms of the Copyright Act and Muchnick made registration a precondition to suit and the pending applications did not constitute “registration.”

Judge Robert N. Scola Jr. agreed and granted the motion.

2016 WL 9045625 (S.D.Fl. 2016). On appeal, the 11th Circuit

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RES GESTAE | November 2018

The 11th Circuit ultimately held that an actual copyright registration is required in order to bring suit under the Copyright Act. The court turned to its own pre-Muchnick precedent, M.G.B. Homes, Inc. v. Ameron Homes, Inc. (11th Cir. 1990), where it held registration was a jurisdictional prerequisite to sue and applied that prerequisite to Fourth Estate’s claims.

The Supreme Court granted cert to resolve this. How the court resolves the question will dictate what copyright owners must do in order to bring infringement claims under the Copyright Act. If the court adopts the approach where a pending application is sufficient to meet the precondition, then plaintiffs will have more flexibility, less litigation preparation and be able to file for copyright registration basically on the eve of litigation. On the other hand, if the court adopts the 11th Circuit view, plaintiffs will have to wait until registration is secured before filing suit.

This is to a defendant’s advantage because it could shorten the period of time in which Copyright Act damages might be available.

Either way, resolution of this issue will be important for litigators who seek to properly advise clients involved in or contemplating copyright litigation. ⚖ Mark Nieds is a member of the Business & Tax Department at Henderson, Franklin, Starnes & Holt, P.A. He concentrates his practice on intellectual property with an emphasis on trademark selection, registration, enforcement and litigation, copyright, and trade secret protection. Mark also handles internet-related legal issues, assisting clients with the creation and implementation of privacy policies, terms of use agreements, user agreements and DMCA compliance.

Mark may be reached at mark.nieds@henlaw.com.

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15

YLD spotlight

BY JOEL W. HYATT, ESQ.

Day at the Courthouse full of lessons for young lawyers

A

large group of young lawyers and Ave Maria Law students received a behind-the-scenes tour of the Lee County Justice Center as well as career advice and practice pointers from the bench during the Young Lawyers Division’s second annual Day at the Courthouse.

Held this year on September 27, the event began in 2017 when it became apparent that many young lawyers had never been to the courthouse or were still getting lost on their way to the Clerk of Court’s office.

The first stop on the tour was the courtroom of the Hon. Judge Alane Laboda, who provided invaluable advice.

Judge Laboda told the attendees about the importance of seeking mentoring early in their careers, as strong mentoring helps prevent many of the common mistakes young lawyers make. One of the most common errors she sees from young lawyers is overzealousness in the courtroom, which can be unproductive and often leads to a lack of professionalism.

Next came a visit to the Clerk of Court’s office. The Clerk’s general counsel, Michael Healy, showed attendees around the new Self-Help Center, which provides members of the community access to legal support resources, including a “minute clinic” where the public can receive legal advice for $1 per minute. He also spoke about the wide range of

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RES GESTAE | November 2018

services the Clerk’s office provides.

Then it was on to the downtown jail, where Sergeant David Velez provided a comprehensive tour. Sergeant Velez conducted the tour as though the attendees were being booked for a crime, from central intake through inmate housing, explaining each step of the process along the way. It reinforced the great respect we all have for the Lee County Sheriff’s Office and the Corrections Bureau.

A huge YLD thank you to Judge Laboda, Attorney Healy and Sergeant Velez! Thanks to each of you, the Day at the Courthouse Event was an invaluable learning experience for all those in attendance.

For those of you unable to attend, the YLD has more great events in November and December. For additional information, please like and follow our Facebook page or email jhyatt@hahnlaw.com to be added to our email list. ⚖

Joel W. Hyatt is an associate in Hahn Loeser & Parks LLP's Fort Myers office. Joel concentrates his practice in the areas of commercial, construction, real estate and community association litigation. Prior to practicing law, Joel taught English at Immokalee High School. In addition to serving as President of the LCBA YLD, Joel serves on the 20th Judicial Circuit Pro Bono Committee.

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#KINDLEE COMMUNITY SPOTLIGHT

W

BY ROBERT COOPER, ESQ.

e love our dogs and cats! However, it is no secret that nationally millions of these animals are euthanized each year because there are not enough responsible homes for them.

Gulf Coast Humane Society, a United Way partner agency, is a 501(c)(3) not-forprofit, no-kill, animal welfare organization founded in Lee County in 1947. Its mission is to provide humane care for surrendered animals by offering refuge, providing medical care and locating forever homes no matter how long it takes. Each year, Gulf Coast Humane Society takes in thousands of surrendered animals. In 2017, the organization found forever homes for 2,231 animals. The goal for 2018 is to lift that number to 2,340. So far this year, 1,809 animals have been placed in forever homes.

Gulf Coast Humane Society relies solely on donations, grants, bequests and gifts from estates, and fundraising. It does not receive any funding or financial support from federal, state or county governments, the Humane Society of the United States, or the American Society for the Prevention of Cruelty to Animals.

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November 2018 | RES GESTAE

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I Shot with The Sheriff Photos by Michaela Steakley, Michaela Meets World Photography Words by Chuck Myron

L

CBA President Dan Endrizal placed the winning bid on a special silent auction package at the annual LCBA Foundation Charity Golf Tournament last year, empowering the work of the foundation and enabling him and a group of his choice to receive shooting lessons from the Lee County Sheriff ’s Office and a guided tour of the Lee County Gun Range in Buckingham.

Dan was in familiar surroundings because he spent almost 20 years of his life in the military, including service as a U.S. Army Counterintelligence Special Agent. He was also in familiar surroundings because he is no stranger to giving back to the community.

The group, which included President-elect John Webb, experienced both of these sides of Dan while learning more about law enforcement in Lee County. Also at the range were Travis Russell and wife Tiffany Pereira, who are expecting a newborn son this month. Pereira was unable to shoot but looked on from a bulletproof observation room.

"Any day at the range is a good day, but a day at the range that can benefit others — great,” Endrizal said. ⚖

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legal lens

LCBA Practice Section Membership Luncheon This first-of-its-kind LCBA gathering brought the chairs of the practice sections to the dais to give updates on their plans and proceedings. The Chapman Insurance Group sponsored the event at the Sidney & Berne Davis Art Center.

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1 - Matthew Roepstorff, Dr. Scott Gray 2 - Magistrate Kim Bocelli, Bill Merchant 3 - Spencer Shaw, Kaylee Tuck, Madison Allen, Shannon Puopolo, Lisa Poulin 4 - Hon. Lee Ann Schreiber, Magistrate Gilberto Perez, Magistrate Carolyn Swift 5 - Keith Grossman, Blake Hampton 6 - Bruce Green, Beverly Grady 7 - Carrie Kane, Tonyia Moyer 8 - Brian Chapman, Kelly L. Fayer

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7 8 Photo credit: Jim Jett Photography

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RES GESTAEâ&#x20AC;&#x201A; | November 2018

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Member-at-Large Ballot DON'T FORGET TO VOTE! Please rank your top three (3) choices for 2019-2020 Member-at-Large in order by placing a 1, 2 or 3 in the box, with 1 representing your top choice. Complete the ballot, sign it, place it in the signed ballot envelope and return via mail to: Lee County Bar Association, Attn: MAL, P.O. Box 1387, Fort Myers, FL 33902-1387.

All ballots must be received by the LCBA no later than November 15.

Stephanie Bendeck is a Lee County native and passionate about public service. She hopes to further promote diversity efforts in Lee County to continue to improve our bar. Stephanie serves on The Florida Bar Committee for Diversity and Inclusion and is the secretary for the Lee County Association for Women Lawyers.

Spencer Cordell has been an active member of the LCBA for several years. He was YLD president, went to the statewide YLD Meeting to propose a program for a grant, and still dresses up as Santa Claus for Holidays in July. He served on the LCBA board as a member-at-large for two years, helped increase the LCBA’s social media profile on Facebook tenfold, is on the golf committee, and annually serves as the charity auctioneer.

He’s also active with the Criminal Law Practice Section and the Solo & Small Firm Practice Section. He’s volunteered at the mock trial competition, spoken at schools for Law Week, and is currently working with the committee to review the bylaws for the LCBA. Alina Gonzalez-Dockery has been practicing for 22 years in both private practice and the nonprofit sector.

“The importance of community, education and pride in the opportunities afforded to us, as attorneys, is why I want to be your Member-at-Large,” she said. “My experience provides me a diverse background to promote the LCBA’s mission and support its members.”

Joel Hyatt is the current president of the Young Lawyers Division and previously served as YLD vice president and treasurer. He also serves on the Circuit Pro Bono Committee and the board of Literacy Council Gulf Coast.

Given the opportunity, Joel looks forward to bringing the same hard work and enthusiasm he displayed as YLD President to the LCBA board.

Peter Knize is the senior vice president of trust services for Investors’ Security Trust Company. In addition to the LCBA, he’s also a member of the bar associations for Florida and North Carolina as well as Collier County, Charlotte County and Cape Coral. He serves as vice president of the board of directors for the 20th Judicial Circuit Guardian ad Litem Foundation. He earned a Master of Laws from the University of Miami, a Juris Doctor degree from Nova Southeastern University, a Master of Arts and a Bachelor of Arts from the University of South Florida, and a Bachelor of Science from the University of Central Florida.

Kathy Smith was elected in 2008 as public defender for the 20th Judicial Circuit. She obtained her Bachelor of Arts and Law Degree from the University of Florida and earned her Master’s Degree in Public Administration from FGCU. Smith is a past recipient of the Advocate of the Year award for her work on behalf of mentally ill clients. She also served on the Florida Supreme Court’s Substance Abuse and Mental Health task force as well as the boards for the PACE Center for Girls, Southwest Florida Addiction Services, Lee Mental Health and Hope Clubhouse.

The Executive Council has nominated Matthew B. Roepstorff, Esq. of the Pavese Law Firm to the position of PresidentElect for 2019. He is running unopposed.

Name*___________________________________________________________________________ Signature______________________________________________________________________ *Only votes by active members will be tallied.

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legal lens

#KindLee aids SalusCare through silent auction Efforts to improve mental health in Southwest Florida received a major boost from #KindLee, which arranged a silent auction to benefit SalusCare at a recent fundraiser. LCBA Executive Director Lisa Poulin played a key role, and Fort Myers River District Alliance President and CEO Lisa Sbuttoni pitched in to help, too. A check for the $8,310 the auction raised was presented to SalusCare at the LCBA offices. #KindLee is already planning to conduct another silent auction for SalusCare in 2019.

1

1 - Lisa Poulin with her granddaughter Trinity Poulin 2 - Rishi Pednekar, Nathan Winesett, Noelle Melanson, Tracy Haverfield, Stacy Sherman, Kelly L. Fayer 3 - Stacey Cook-Hawk, Stacy Sherman, Kelly L. Fayer, Marc Collins 4 - Stephanie Davis, Sunny Lubner, Clive Lubner, Jane Lane

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the dish

BY CHELLE KOSTER WALTON

SoHo concept leans heavily on the social scene

O

n occasion, a business relationship calls for a social engagement designed purely to let guards down, relax and warm up to the other person. Throw in some fire pits, live music, craft sips and bites, and a youthful vibe. There you have it in a nutshell: the attraction and energy of Downtown Social House, fondly known as SoHo. Cool November nights call for the courtyard, where most of the buzz happens. If you’re looking for a quiet confab, take your guests inside the warm, red-brick walls lit by the bar’s cool blue glow.

Outside, the music and “social” aspect kick in, starting at the tight, friendly bar. Young, chatty bartenders mix up #DRINKS (of course, everything is staged in social media cues) with character. They are mildly crafty – nothing too foreign or flagrant. Take my Cucumfortably Numb cocktail ($10), for instance. Never mind that I loved the name and its Pink Floyd reference, it mixed up my favorite Hendrick’s gin with St. Germain liqueur, agave, dill, lime, and a slice of cucumber, poured around a single,

Whereas many of SoHo’s dishes think outside of the traditional, the ahi tuna poke ($9), one of five apps, is purist.

High-quality yellowfin tuna came cubed, raw and drizzled with a typical salty-sweet sauce and sesame seeds.

The pleasant surprise was the housemade nacho chips in different shapes – some round and flat, others triangular and puffy, all a crispy complement to the tender, fleshy fish.

tennis-ball orb of ice.

My husband went with the Build Your Own Old-Fashioned option ($7) available Thursdays. It gives you a choice of bourbon or other liquors, bitters and sweeteners. He chose Bulleit bourbon with cherry bitters and simple syrup.

My millennial son went for a Florida craft draft from a selection of 12 beers on tap ($4-$7/glass). There’s also wine on tap, giving guests a choice of about a dozen by-glass vintages ($7-$12) from around the U.S., Europe, Argentina and New Zealand.

We sat out in the garden at one of a handful of high-top communal tables.

Other courtyard spaces huddle you around the fire pits on sofas and comfy chairs. Wooden fencing sequesters you from downtown bustle and traffic. It’s all very cozy.

SoHo’s #FOOD menu divides itself between Apps, Small Plates, Street Food and Mains. We tried something from each section; even the Mains dishes are tapas-style to encourage sharing and socializing.

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From the Small Plates, the Steamed Shrimp Dumplings ($8) proved our least favorite, making us wish we had ordered the Black Angus Brisket Poutine ($9) with house cut fries and Wisconsin cheese curds instead. The dumplings were pretty and perfectly steamed, just a touch too fishy in flavor with an odd interior texture.

Flatbreads, tacos and sliders make up the six-item Street Food section.

Our Salsa Verde Chicken Tacos ($8), arrived on a wooden pizza peel. Three soft-shell, white corn tortillas held a colorful drift of pulled slow-smoked chicken, red cabbage, tart tomatillo salsa, sour cream, radish and cilantro.

Fold, pick up, bite, repeat.

appealing and hunger-gratifying, I forgot to snap a shot until we were halfway through. I can’t recall the kind of cheeses that night, just that it was pressed, perfectly ooey-gooey, and served with a cup of tomato soup that was more like marinara sauce for dipping.

My favorite of our dishes, the BBQ Mac & Cheese Bowl ($8), dwells in the Mains realm with five others. We added beef instead of smoked chicken or pork for a $3 upcharge. The dish had me at the cavatappi pasta. Still, the barbecue sauce, made with Fort Myers Brewing Company’s High 5 IPA, topped the noodles, and my expectations. Its tang balanced the creamy richness of the cheese sauce like marinara balances béchamel in a good lasagna.

No regrets for the upcharge, either: The smoked beef brisket was every bit as tender and expert as you find nearby at The Lodge, another in the family of downtown restaurants SoHo joined in June 2017.

I can recommend one more of the Mains that a friend and I split earlier this year on a downtown club-hopping girls’ night out. The Artisan Grilled Cheese of the Day ($8) was so eye-

Similar to the custom Old-Fashioned special on Thursdays, SoHo lures the crowds in with various nightly deals, such as Tuesday’s Tacos & Tequila with $2 chicken or pork tacos, $5 craft margaritas, and half off top-shelf tequila. Saturdays and Sundays, SoHo throws a #GARDENPARTY starting at noon. Build your own mojito for $5 or sip unlimited mimosas and bloody marys for $12.95. From noon-4 p.m., enjoy $2 burgers or brats. Live music entertains from 2-6 p.m.

Downtown Social House is all about getting to know one another, whether it’s new acquaintances or time-tested friendships. For breaking the ice or warming the relationship, SoHo’s the place to go downtown. ⚖ 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.

the Side Dish

By Tiffany Pereira, Esq. The environment at SoHo is perfect for gathering with work colleagues to have some appetizers and a drink after a day at the office. We were happy to see many of our LCBA members enjoying themselves.

The staff is friendly, the environment is comfortable, and there is something for everyone on the menu. We opted for nachos and pretzels, which were satisfying. I would definitely recommend SoHo for a social event, or just to relax at the end of a long day.

1406 Hendry St., Fort Myers 239-337-7646 DowntownSoHo.com Open Monday-Thursday 4-10 p.m.

Friday 4 p.m.-2 a.m.

Saturday noon-2 a.m.

Sunday noon-10 p.m.

Photo credit: Chelle Koster Walton

November 2018 | RES GESTAE

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100 CLUB Absolute Law Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Buchanan Ingersoll & Rooney PC Calvo & Calvo Cody & Linde, PLLC 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 Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg Noone, LLC

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grant Fridkin Pearson 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. Law Offices of Dennis L. Webb, 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 Richard Johnston Law 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.

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RES GESTAE | November 2018

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November 2018 | RES GESTAE

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LCBA Judges Spotlight

Hon. Sheri Polster Chappell

1. I was a majorette in my high school’s marching band. I also ran track and field and played volleyball, basketball and softball.

2. I once joined a men’s softball league as there were no women’s leagues in Fort Myers at the time. During a game, I tagged a runner, and I said to him, “I thought you were going to take me out” (softball lingo for take my legs out from under me). He responded, “No, but it would be great if I could take you out to dinner.” I agreed to dinner and married him two years later. After 27 years, we are still a team.

3. A defendant wrote me a letter after sentencing that said, “If I had a good woman like you, I wouldn’t be in this position.”

He also asked me if I was married, but he followed his question with “it doesn’t bother me if it doesn’t bother you.”

4. On a night that then-Gov. Bush planned to fill a vacant Lee County Court judgeship, my house phone rang, and my 6-year-old son answered it. He carried the phone to me and said, “Mommy, some guy named Jeb is on the phone for you.”

5. Last month, I helped my oldest son move to North Carolina for Teach for America. This required me to drive a 14-foot U-Haul truck. Up to the challenge, I was reversing, parallel parking, and driving it like a pro. I even pulled the monster truck up to Walmart. If my day job does not work out, being a long-haul truck driver could be my backup plan.

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RES GESTAE | November 2018

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November 2018 | RES GESTAE

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LCBA Members spotlight

Kevin Kyle, Esq.

1. I am related to William Penn, the founder of Pennsylvania, through my greatgrandmother whose last name was Penn. I actually have the original marriage license of William Penn’s son, Thomas Penn, framed in my house.

2. My beautiful and amazing wife, Katherine, and I won a dream wedding, reception and honeymoon through Jacksonville Magazine’s Great Wedding Giveaway contest while we were in law school.

3. I love adventure. I have traveled to 48 U.S. states and several countries. I have not been to Hawaii or Alaska but plan to soon. My wife and I went to Haiti for eight days earlier this year with Northwest Haiti Christian Mission to share the gospel of Jesus, provide nutritional and medical assistance, and play with the children of an orphanage.

4. I worked on a farm from age 12 until I was 20. I have also worked at a cement factory and a cardboard factory.

5. I was born and raised in Indiana. As far as I know, I am not related to the attorneys and judges who make up the other Kyle family here in Fort Myers. They are awesome people, but I am not part of their family. I am asked about that at least once a week.”

Thank yy...

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RES GESTAE | November 2018

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In The news

Goldstein, Buckley, Cechman, Rice and Purtz partner Andrea Smith has been named to the Judicial Nominating Commission for the 20th Judicial Circuit. Gov. Rick Scott appointed Smith to the nine-member commission, which had a vacancy after the term of Bernard Long Jr. expired in July.

Smith focuses her practice on personal injury litigation and insurance disputes. The native of Madison, Wisconsin graduated from Marquette University Law School, where she was a Merit Scholar.

Henderson, Franklin, Starnes & Holt, P.A. shareholder Traci McKee was recently sworn in as president of the Florida Defense Lawyers Association, or FDLA. She is the first female president in more than 10 years. The FDLA comprises thousands of attorneys and industry professionals who collectively promote fairness and justice for all parties in the civil justice system.

McKee’s practice focuses on defending individuals, corporations, insurance companies and governmental entities in professional malpractice, premises liability, product liability, and an array of personal injury and property claims.

Laird A. Lile of Laird A. Lile, PLLC has been named by Florida Trend magazine as one of the state’s Top 500 Most Influential Business Leaders. Released in September, the inaugural Top 500 publication includes listings of business professionals and executives in a variety of categories representing Florida’s diverse industries, including the legal profession.

Lile is a board-certified wills, trusts and estates attorney in Naples. His firm offers legal counsel on estate- and trust-related matters, including estate planning, estate and trust administration, probate-related litigation and tax matters.

Beth Vogelsang, a Henderson, Franklin, Starnes & Holt, P.A. shareholder, has been named the 2019 Family Law Lawyer of the Year in Fort Myers by Best Lawyers in America®. The designation is determined by peer review. Vogelsang also earned the same title in 2015 and 2017.

Vogelsang chairs the firm’s Family Law Department and has more than 30 years of experience practicing law. She has been Board Certified as a Marital and Family Law Specialist since 1992.

Roetzel & Andress Of Counsel Kenneth A. Jones has been appointed to another term as a member of The Florida Bar Association’s Committee on Eminent Domain. The one-year term extends Jones’ lengthy committee tenure, which began in 2000.

Jones is a member of the Association of Eminent Domain Professionals and practices solely in the area of Eminent Domain and Inverse Condemnation Law. He has been practicing in Fort Myers since 1975.

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

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RES GESTAE | November 2018

SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.

Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client.

All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney.

“Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office

JoeViacaVaLaw.com Main (239) 288-5969 • Cell (239) 410-8292 • Fax (239) 288-5572 Available 24/7 - “calls are put directly through to me, not an associate” Calls accepted ANYTIME from ANYPLACE TROUBLE may be found.

2036 McGregor Boulevard • Fort Myers, FL 33901

PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

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

WE MA K E BA N K IN G AB O U T Y O U !

TRADITIONAL SERVICE WITH INNOVATION.

Teamwork makes it happen.

— Leah Kirby, Vice President, River District Office Manager and John Ammons, Vice President, Cleveland Avenue Office Manager

Combining

tradition with innovation is our strategy for providing exemplary customer service while constantly searching for ”a better way” to provide all your banking needs.

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

Edison National Bank/Bank of the Islands customers enjoy:

• free online and mobile banking • no-fee access to their account funds • • •

at any Publix® Presto! ATM free bill pay services for personal account holders courier and cash management services for business clients streamlined processing for all loans including commercial and residential mortgage loans

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.