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
LCBA MEMBERS Are you suffering from neck or back pain? Does it interfere with your caseload? Claim Dr. Gray’s special report for attorneys now!
LeeBarAttorneyInPain.com Dr. Scott Gray can help you and your clients get Back in Motion with the Gray Method (TM), a revolutionary approach to modern physical therapy.
If you need immediate pain relief, call 239.223.0484 to schedule your free consultation
BackInMotionSSPT.com
9211 College Parkway, Fort Myers (inside Anytime Fitness)
Dr. Scott Gray, Specialty Trained Orthopedic Sport & Spine
Physical Therapist and Expert
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
6
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
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
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
8
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
YOUR TRIP TO PARIS SHOULD BE THE TRIP OF A LIFETIME. Your unique Paris experience starts here. Paris Made for You provides an insider’s itinerary to exceed your expectations.
Eiffel Tower insider only experience available.
If you don’t have the time or the insider connections to plan an unforgettable Paris vacation, we can take care of everything for you.
Transportation • Accommodations • Dining • Insider Experiences
Connect with Robyn Webb today and start planning the trip of your dreams tomorrow!
Secret gardens and hidden charm are our specialty.
703.683.5034 Robyn@ParisMadeForYou.com
ParisMadeForYou.com
Robyn Webb, your trip curator, enjoying Paris.
Over 200 years of Experience Makes an Extraordinary Gift!
Celebrating 40 Years of Extraordinary Dining Gift Cards available in any dollar amount
239-332-2065 Downtown Fort Myers River District Lunch • Dinner • Closed Sunday • verandarestaurant.com November 2018 | RES GESTAE
9
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
10
RES GESTAE  | November 2018
DONNA TISCH ME D I AT I O N S • AR B IT R AT ION S
“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 DonnaTisch.com 239.826.3644
Searching for Something? Leslea Ellis,LLC Can Help ^ & E y < D ^ d E ' / d / > Z / E
Z < E K / d E ^ h E d , / > D Z > K
W Z K d D ' Z Y D ^ h Z / ^
K K > s / t h > W W z : D E d K h
, d Z D s d / d K < h W / : h Z Z ^ ' /
W W > > d z D < ^ Y Z E / K :
WW >> d />/&& Z / />/dz K < d ^KhE /E' ^dKWW > & dhD 'h/>dz , Z^ z
d W K d / > ^ ' E / ^ d / d h d y W : K h
Z ^ K y z / ' Z Z h & Z > Z D , Z < Y > Z
^ d W E ^ h Y d / D ^ , Z / E ' /
d ^ & / & s d E > h d K y W z & ^ ^ K W ' ^
/ZZ > s Ed :K/E Z <EKt/E'>z >/d/' Ed^ D E d EK ^h/ :hZ/^ KZ Z WZK d
z E Y K y Z z & D Y d / , : / E Y D E
Y K < d ^ K h E / E ' ^ W > < >
< z & & / > / / < d E s > Z Z /
W > t ' > d z Z K / d E h h y s Z '
^ < E K t / E ' > z Z d E Z , & Y t / > > & h >
Yh ^, Z sK< ^ E d/KE d/D ^, Z/E' hE d,/ > s > EKE t/>>&h> KE/E'
Words are placed horizontally, vertically and diagonally, both forwards and back-to-front. If you would like a solution sheet, please email reception@lesleaellis.com
Leslea Ellis, LLC
Certified Public Accountant
LesleaEllis.com
www.
Certified Fraud Examiner
(239) 690-6500
November 2018 | RES GESTAE
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
12
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.
America’s Neighbhd Cupcakery and Creamery
Make sure you treat your clients with class and style... order your custom sweets and make them smile! Office Parties • Corporate Giving • Holidays • Weddings • Birthdays • Events • Catering
Or just because! A cupcake can soothe just about any sweet tooth and so can fresh, homemade ice cream. We are a bakery, cupcake shop & ice cream parlor all wrapped into one. 1414 Bayview Court, Downtown Fort Myers 11150 S. Cleveland Ave #140, Fort Myers (across from Page Field)
239.313.5008 • SMALLCAKESFORTMYERS.com
ESTATE & P RO B AT E LIT IGAT IO N
At the crossroads of conflict and estate and trust litigation Settling an estate can be complicated—especially if it is contested and litigation becomes necessary. We represent clients with cases brought to us solely for representation in matters such as breach of fiduciary duty, tortious interference with inheritance, undue influence, contested guardianship, incapacity, and others. Let us be your partner for estate and trust litigation. For more information, contact Eric Gurgold, Esquire, Practice Chair, at eric.gurgold@henlaw.com.
Helping to protect our clients and their loved ones since 1924
henlaw.com • 239.344.1100 © Henderson Franklin Starnes & Holt, P.A.
Fort Myers • Bonita Springs • Naples November 2018 | RES GESTAE
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
14
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.
Celebrating 10 Years serving The 20 th Judicial Circuit
STANDARD Six-Day Transcript Delivery Serving Lee, Collier and Charlotte Counties Depositions, Hearings and Trials · Courtsmart Transcription · Realtime · Interpreters Conference Rooms Available for Mediation · Free Wireless Access · Videographers Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts
MeritCourtReporting.net · 239.481.1300 Free parking at all locations Maryanne Wagner, RPR, FPR
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
Debbie Cail, Office Manager
TOGETHE R , W E ’ L L F I N D A SOLUTI ON
LAWRENCE A. FARESE CERTIFIED CIRCUIT COURT MEDIATOR 40+ Years of Litigation Experience Board Certified Civil Trial Lawyer Board Certified Business Litigation Lawyer Call me directly at 239 213 1973
LAWRENCE A. FARESE LFARESE@ROBINSKAPLAN.COM DIRECT LINE: 239 213 1973
711 FIFTH AVENUE SOUTH SUITE 201 NAPLES, FL 34102
November 2018 | RES GESTAE
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
16
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.
WE HAVE THE UTMOST
TRUST
JUSTIN SANDS & BETHANIE MATTEK-SANDS
IN OUR TEAM AT FINEMARK TO HANDLE OUR FINANCIAL AFFAIRS.
Olympic Gold Medalist Eight-Time Grand Slam Winner
Fort Myers • Bonita Springs • Charleston • Estero • Naples • Palm Beach • Scottsdale www.finemarkbank.com • 239-461-5900 • Member FDIC • Equal Housing Lender Trust and investment services are not FDIC insured, are not guaranteed by the bank and may lose value.
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 November 2018 | RES GESTAE
17
#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. The work that Gulf Coast Humane Society does for abandoned animals is not possible without the generosity of people in Southwest Florida. I have been a member of the Board of Directors of Gulf Coast Humane Society for over 10 years. The current Board of Directors is made up of many prominent members of our community. Help us be the voice of animals in need in Southwest Florida. To learn more, including how to donate or volunteer, please visit gulfcoasthumanesociety.org.
MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended
Divorce • Custody • Child Support • Appeals An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003
We work to ensure that your legal interests are competently presented throughout your family law matter. Free Telephone Consultation. Practicing in Lee, Collier, and Charlotte Counties.
239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904
18
RES GESTAE | November 2018
KEMPTON P. LOGAN Certified Mediator/Arbitrator • Certified Circuit-Civil / and Federal Mediator since 1991
EXPERIENCED. CONFIDENT. AGGRESSIVE. Criminal & DUI Defense Family Law & Divorce Representation
• Panel Arbitrator, American Arbitration Association and 20 th Judicial Circuit • 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. • www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net
Attorney Katheryn Calvo
Board Certified in Criminal Trial
Attorney Jose Calvo Former Prosecutor
Se Habla Espanol
239.332.5501 CalvoLaw.com 1534 Jackson Street • Fort Myers, FL 33901
November 2018 | RES GESTAE
19
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. ⚖
20
RES GESTAE | November 2018
November 2018 | RES GESTAE
21
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.
1
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
2
3
6
5
4
7 8 Photo credit: Jim Jett Photography
22
RES GESTAE  | November 2018
Sproat Workplace Investigations The employment law firm dedicated to responsible fact-finding.
We conduct thorough, timely and unbiased workplace investigations for employers and their counsel. SWI is a law firm exclusively dedicated to empowering you and your clients to make sound workplace decisions. Workplace Investigations • Investigation Consulting Investigation Training • Courtroom Testimony
239.275.2266 • VSproat@SWInvestigations.com
SWInvestigations.com
Vicki Sproat, Attorney
November 2018 | RES GESTAE
23
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.
24
RES GESTAE | November 2018
Claim your FREE special report • • •
Learn exactly what you should and should not be doing to find lasting relief... so you can focus on your cases and clients Implement practical and real-life strategies that you can apply in your office... even if you don’t have time Enhance your productivity so you can get everything that needs to be done so you don’t have to keep slowing down...plus much more Claim your report at
LeeBarAttorneyInPain.com Call 239.223.0484 to schedule your FREE pain relief consultation
Dr. Scott Gray is a world-renowed physical therapist specializing in the treatment of orthopedic, sports and spine injuries. 9211 College Parkway, Fort Myers (inside Anytime Fitness) BackInMotionSSPT.com
Ringsmuth, Day & O’Halloran, pllc Criminal Defense Attorneys
Representing clients in all state and federal criminal court matters in Southwest Florida.
100+ years of combined experience on your side. Free Consultation ◆ Call Anytime 239.245.9190 ◆ 800.416.1434 ◆ RingsmuthLaw.com
2215 First Street, Fort Myers, FL 33901
November 2018 | RES GESTAE
25
LCBA WELCOMES NEW MEMBERS John E. Humphreville II Office of Criminal Conflict and Civil Regional Counsel, Second District Thomas A. Thanas Dye, Harrison, Kirkland, Petruff, Pratt & St. Paul, PLLC Katherine Cook Ave Maria Law student Daniella R. Sterns U.S. District Courts Katherine E. Camadeco O’Halloran & O’Halloran Courtney L. Van Emmerik Amy McGarry Law Office, PL
26
RES GESTAE | November 2018
YOU CAN RELY ON US TO CLEAN, RESTORE AND SELL YOUR CLIENT’S ESTATE OR TRUST REAL PROPERTY. Over 30 years of experience.
239.872.9701 AllNativeConstruction.com ANC.AllNative@gmail.com
General Contractor CGC049771 Realtor SL3280692
Tommy Glover, Owner/Manager Amanda Boots, Owner/Manager
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. 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 Remote realtime support service delivered securely over the internet
Contact Armand today & see what Copy IT can do for your business! Armand DeSapri, Owner
CRIMINAL DEFENSE
SCOTT T. MOOREY
275-5552 1430 Royal Palm Square Blvd. Suite 101 Fort Myers, FL 33919
239.451.9494 armand@ftmyerscopier.com
scott@GoodPeopleDoGetArrested.com November 2018 | RES GESTAE
27
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
4 In a time when many local court reporting firms are selling to national companies, we continue to preserve the personable service you have come to expect.
ACCURATE, 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
28
2
Online scheduling with 24/7 access to all repository files Nationwide scheduling Independent, court-reporter owned firm
www.fmreporting.com · Phone: 239.334.1411 · scheduling@fmreporting.com 2180 West First Street, Suite 120, Fort Myers, Fl 33901
RES GESTAE | November 2018
LEGAL
MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:
>>
PERSONAL INJURY
>>
NURSING HOME
>>
INSURANCE DISPUTES
>>
CONTRACT DISPUTES
>>
CONSTRUCTION
>>
REAL PROPERTY
>>
MALPRACTICE
NOTICE ADVERTISING NEED A PRICE ESTIMATE? Call 941-906-9386
EXPERIENCE IN DEVELOPING STRATEGIES AND PATHWAYS TO RESOLUTION!
Email: Legal@businessobserverfl.com businessobserverfl.com
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
• Low competitive flat rates • Online verification • Electronic invoicing and E-filing capabilities • Qualified legal status • Professional staff to assist you
>> BOARD CERTIFIED IN CIVIL TRIAL LAW (1995)
Meet your legal notice requirements with our broad coverage to publish in Lee, Collier, Charlotte, Sarasota, Manatee, Pinellas, Pasco, Hillsborough, Polk and Orange counties, or any combination of the ten.
>> AVAILABLE THROUGHOUT 20TH AND 12TH JUDICIAL CIRCUITS
XNLV16351
WITH NO TRAVEL FEE
FLORIDA’S LEADING BUSINESS PUBLICATION
November 2018 | RES GESTAE
29
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.
30
RES GESTAE | November 2018
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
31
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.
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.
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
32
RES GESTAE | November 2018
35 Years. 3,500 Mediations.
Experience Makes the Difference.
LPR
Leonard P. Reina, P.A. Attorney ■ Mediator ■ Special Master
239.263.2059 www.LPReina.info LPReina@LPReina.com
November 2018 | RES GESTAE
33
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.
CONRICPR.COM
239.690.9840
Igniting brands in the legal community for over 10 years websites • blogs • press releases • social media graphic design • advertising campaigns 34
RES GESTAE | November 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
PROFESSIONAL OFFICE SPACE 1705 Colonial Blvd. Frontage Office space for rent at $1,100.00 per month plus sales tax (sewer, water, grounds maintenance and taxes included). Must furnish telephone, electrical and internet. Space approx. 1195 sq. ft. includes lobby, 3 offices, kitchen area and large conference room. Call Lili to view
239-337-2001 Possible overflow work from attorney/owner in next door unit.
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
November 2018 | RES GESTAE
35
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...
FOR CONTINUING TO TRUST US WITH
YOUR CLIENT’S INJURY CASE. Jeff
Cell: 239.940.9716
36
Leland
Cell: 954.294.2005
RES GESTAE | November 2018
AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR. CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM
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! O: 239.541.0097 • C:239.357.5595 TotalQuickbooksSolutions.com Carrie@TotalQuickbooksSolutions.com Carrie Kane, Owner/Operator
1342 Colonial Blvd., Suite D30 | Fort Myers, FL 33907
McHale, P.A.
• Expert Witness Testimony • Forensic Accounting • Litigation Support • Bankruptcy Matters • Receiverships
Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns. Call today to see how we can grow your business!
• Distressed Business
Management
1335 MIRAMAR STREET • CAPE CORAL, FL 33904 239.549.4484 • WWW.DIRECTIMPRESSIONS.COM
November 2018 | RES GESTAE
37
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
38
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.