Issuu

Law Week Cancelled

NEW LCBA BYLAWS Offer membership options and judicial communications

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • APRIL 2021

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contents on the cover

ad directory

New LCBA Bylaws

Offers membership options and judicial communication Keith Grossman, Esq.

special features

Law Week Cancelled

The Dash is Back

Keith Grossman, Esq.

Kayla E. Richmond Miller, Esq. and John Miller, Esq.

20 On the Cover: 2021 LCBA executive council and board members Photo courtesy of Jim Jett Photography

departments 6 Letter from the President

Blake Hampton, Esq.

8 Letter from the Executive Director

Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

Henry Lee Paul, Esq.

14 Practice Section

Appellate Law

Alex Brockmeyer, Esq.

16 YLD Spotlight

Shirlarian Williams, Esq.

18 Legal Lens

LCBA Black History Luncheon

26 Guest Attorney Column

New Year, New Appellate Rules, Pt. 2 Christopher Donovan, Esq.

30 The Dish

Café YOU

Andrea Pleimling Smith, Esq.

32 5 Things You Don't Know

About Me

Robin Crivello (JA to Hon. Elisabeth Adams)

34 5 Things You Don't Know

About Me

Katherine Camadeco, Esq.

36 100 Club

Aloia, Roland, Lubell & Morgan, PLLC IBC Bounds Law Group 13 Boy, Agnew, Potanovic 9 Boyle, Leonard & Anderson, P.A. 22 Business Observer 19 Calvo & Calvo Attorneys at Law 25 CONRIC PR & Marketing 27 Cummings & Lockwood 37 Dal Lago Law 9 DeMine Immigration Law Firm 7 Denise Kennedy 15 Direct Impressions 37 Donna Tisch 33 Edison National Bank BC Frank Piazza, P.A. 15 Heather Fitzenhagen 35 Henderson, Franklin, Starnes & Holt, P.A.,IP 11 Imagine Wellness Spa 17 Kelleher Law, PA 19 Lake Michigan Credit Union IFC Law Firm of Scott T. Moorey 15 Law Offices of Dennis L. Webb 36 LCBA 2nd Annual Health & Wellness Downtown Dash 11 Leonard P. Reina 33 Mark B. Yeslow 13 Markham Norton Mosteller Wright & Company PA 32 McHale, P.A. 33 Men's Rights Law Firm 35 Musca Law Office, Inc. 3 REAS, Real Estate Advisory Services, LLC 11 Roetzel & Andress 34 Sheldon E. Finman, P.A. 29 Simon Harrison, Esq. 35 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 7 Stockman Mediation 19 The North Law Firm, P.A. 17

37 New Members 38 In The News

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April 2021

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president's letter The next few months should bring significant and positive change in our organization. Unfortunately, Law Week is postponed again. I am still grateful to Judge Carlin for chairing an amazing event and establishing it as one of our biggest events and grateful to Ryan O’Halloran for his selfless dedication in organizing Law in the Mall. I’m already looking forward to Law Week next year.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

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TREASURER

Spencer Cordell, Esq.

BOARD MEMBERS

John Miller, III, Esq. Andrea Pleimling Smith, Esq.

committee chairs BENCH-BAR GALA

LAW RELATED EDUCATION

Danielle Butler, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

Ita Neymotin, Esq. and Kelly L. Fayer, Esq.

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

Shannon Puopolo, Esq. and Kenneth A. Jones, Esq.

HISTORY

MOCK TRIAL

Jenna Persons, Esq. and E. Bruce Strayhorn, Esq.

Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO

Shanthy Balachanthiran, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq. and Bill Merchant, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

INTELLECTUAL PROPERTY

Alex Brockmeyer, Esq. and

Luca Hickman, Esq. and Mark Nieds, Esq.

CORPORATE LAW

Mairin Roepstorff, Esq. and Alicia Olivo, Esq.

LAND USE AND GOVERNMENTAL LAW

CRIMINAL LAW

Sarah Spector, Esq. and Erica Woods, Esq.

Kathleen Fitzgeorge, Esq. and Leah Harwood, Esq. ELDER LAW

Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW

Christina Holly, Esq. and Mellany Marquez-Kelly, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

Carlos Kelly, Esq. and George Knott, Esq.

Blake P. Hampton, Esq. Blake@Hampton.law | 239.309.0090

VICE PRESIDENT

Tiffany Pereira, Esq.

Peter Knize, Esq. Michael Anthony Pica, Esq.

The other significant revision to the bylaws is expansion of membership categories. Following a trend around Florida, we expanded non-voting or “affiliate” membership to Judicial Assistants, Paralegals, Legal Assistants, Law Office Administrators, Law Students and Paralegal Students. We also approved a “patron” level for sponsors and long-time business partners. I welcome our first paralegal member, Richard Haberle and our first patron member, Cynthia Duff of Copy Lady.

Through the generous contributions of LCBA members, the Lee County Bar Association Foundation continues to fulfill its mission of connecting attorneys to the needs of the Lee County community. In its fourth year, the Foundation received a record number of grant applications. The Foundation provided grants to 23 organizations, including Guardian Ad Litem Foundation, Family Initiative Autism Center, The Heights Center, and Cape Coral Caring Center. This support provided a lifeline to many families who lost a parent, young adults aging out of the foster care system, and adults experiencing mental illness seeking health services. The need is great. Let’s help the Foundation increase the number of organizations supported — save the date for the Foundation’s Annual Golf Tournament on Saturday, May 15, 2021.

SECRETARY

Kathleen Smith, Esq.

YLD President - Shirlarian "Shae" Williams, Esq. President Emeritus - Matthew Roepstorff, Esq

The membership recently approved restated bylaws. The 2014 bylaws began the phase-out of the previous “rotation policy”. Once again, we modified our Board to encourage involvement. However, this time we added two members from the Bench as non-voting liaisons. The goal is to establish a better connection between the Bar and the Bench. I welcome our first two Judicial Liaison members, the Honorable Devin George and the Honorable Robert Branning.

April is about health and wellness. In 2019, John Miller proposed the Downtown Dash, a 1-mile fun run in downtown Fort Myers. The Dash is back on April 16 with John and Kayla Miller chairing the event. We also have our first mental health luncheon, organized by our Director, Lauren Baugh, and fellow Board member, the Honorable Kathy Smith. The topic will be the Baker Act.

PRESIDENT

Blake Hampton, Esq.

LeeBar.org

REAL PROPERTY, PROBATE AND TRUST LAW

Jennifer Hammond, Esq., Kenneth Kemp, Esq., and Peter Knize, J.D., L.L.M. SOLO & SMALL FIRM

Conor Foley, Esq. TORT LITIGATION

Dawn Maselli, Esq.

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April 2021

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executive director's letter Spring is upon us! As the saying goes, “April showers, bring May flowers”, and we can interpret that in our lives as after the rain, comes the sun.

The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.

239.334.0047

Here at the LCBA, we had to cancel so many of our 2020 events, but we are so happy in 2021 we have been able to again host many in-person events. We had our January Swearing-In Luncheon and our February “Black History In Law” Luncheon. At February’s meeting, we voted to amend our bylaws to allow for some new membership classifications, which is beyond exciting.

ResGestae@LeeBar.org

staff PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR

We have our first new member classifications up and running. We are proud to welcome Cynthia Duff, the CopyLady, and one of my favorite paralegals in Lee County, Rich Haberle of Wilbur Smith Law as the first members with these new classifications.

April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

Keith Grossman, Esq.

In March, we had one of our most fun annual events, our Bench Bar-B-Q and Shrimp Boil. Many families came out to listen to great music, have their faces painted and enjoy the snow cones. We all enjoyed the shrimp, crawdads and BBQ! It was great to see everyone in person and enjoy the beautiful Southwest Florida weather and have some non-CLE and casual fun! Thank you to all who attended.

CONTRIBUTING WRITERS

Blake Hampton, Esq. Lauren Baugh Henry Lee Paul, Esq. Alex Brockmeyer, Esq. Christopher Donovan, Esq. Kayla E. Richmond Miller, Esq. John Miller, Esq. Andrea Pleimling, Esq. Robin Crivello Katherine Camadeco, Esq.

On April 16 we have a very exciting event — our 2nd Annual Downtown Dash, where we will run, walk, jog, etc. for one mile in Downtown Fort Myers. This race was cancelled in 2020, because of…you guessed it: COVID-19. BUT we are back on and in full swing! This year we are donating our net proceeds to the YMCA, so they can continue to offer scholarships for youth to participate in sports, before and after school programs, etc. We also have a wide variety of CLE opportunities through our Committees and Sections. Do you have an idea for a CLE program you would like to see the LCBA offer to our membership? Please let me know; we are always open to new ideas on programming. As a reminder, if you have not yet renewed your LCBA Membership, please log on to our website and renew, or contact me and I will get this processed for you. Have you checked out our website’s Membership Benefits page lately? If not, head on over there. We have some REALLY exciting new benefits for our members, including exclusive discounts on CaseText Legal Research; Cigent Technology, Inc.; CONRIC pr + marketing; CopyLady, Inc.; Fort Myers SKY YMCA; Sidney & Berne Davis Art Center and Waterman Broadcasting (ABC-7 and NBC-2).

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES 239.334.0047

Res Gestae is an award-winning magazine published monthly by CONRIC pr + marketing 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 pr + marketing. Copyright©2021 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 from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at Info@LeeBar.org.

Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102

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April 2021

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calendar of events

Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!

2 8

Easter Holiday

RPPTL Virtual CLE

Noon - 1 p.m. Topic: “2021 Florida RPPTL Section Update” Speaker: Laird Lile, Esq.

LCBA and Courts CLOSED

ADR Virtual CLE

Noon - 1 p.m. Topic: “Interpersonal Violence” Speaker: Nirupa Netram, Esq.

YLD Virtual Meeting

Noon - 1 p.m. Topic: “Billable Hours” Speaker: John Miller, III., Esq.

LCBA Membership Luncheon and CLE

Noon - 1 p.m. at Sidney Berne Davis Art Center. Topic: The Baker Act: What is it? And why you should know! Featuring panelists from the PD, SAO, Park Royal, FMPD, Lee County Bench. Sponsored by: Park Royal Behavioral Health Services. Members FREE, Non-Members $25 Also being offered virtually.

LCBA Health & Wellness Committee Downtown Dash

6 p.m. One Mile Race/Walk/Jog through Downtown Fort Myers 3/20-4/15 $25 Adults/$20 Youth 4/16 (Race day) $30 Adults & Youth Proceeds to be donated to the Fort Myers YMCA

Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events. Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.

Thank You to Our 2021 Annual Sponsors

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ethically speaking

SUPREME COURT CONFIRMS WHEN REPRESENTATION MUST BE ABANDONED

by henry lee paul, esq.

n The Florida Bar v. Phoenix, SC17-585, the Florida Supreme Court imposed a two-year suspension on a lawyer for assisting the criminal conduct of his employer. As Senior Vice President of Cay Clubs Resorts and Marinas, the lawyer, Mr. Phoenix, was alleged to have been earning approximately $600,000.00 per year while assisting his employer’s fraudulent real estate Ponzi scheme. Mr. Phoenix avoided criminal charges in 2014 by entering into a nonprosecution agreement in exchange for his cooperation. Numerous other employees were sentenced to as much as 40 years in federal prison. He almost avoided discipline by not self-reporting his conduct to The Florida Bar. However, once discovered by the Bar, he ultimately could not escape discipline imposed by the Florida Supreme Court. Among the rules charged by The Florida Bar was Rule 4-1.16 (Declining or Terminating Representation). Mr. Phoenix was disciplined because he continued to work for and assist his employer in the fraudulent scheme. Mr. Phoenix responded to the Bar’s

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allegations and argued he did not have a duty to terminate his representation when he became aware of the misconduct. He claimed instead he had a duty to “stick around” and try to convince his client to comply with the law. He denied all wrongdoing arguing terminating the representation was permissive, not mandatory. Incredibly, he insisted he had acted “ethically and morally correct at all times.” Addressing the argument made by Mr. Phoenix, former Bar counsel Chardean Mavis Hill, who prosecuted the case, argued at trial that in these circumstances, Mr. Phoenix had a duty to end his representation and stated it was long past time for him to “get off the bus.” The Supreme Court agreed with The Florida Bar and wrote: “Rule 4-1.16 requires attorneys to decline or terminate a representation if the representation results in a violation of the Bar Rules or law, if a client refuses to stop acting in a criminal or fraudulent manner, or a client has used the lawyer’s service to perpetrate a crime or fraud. The record demonstrates Phoenix should have terminated his representation for all three LeeBar.org

reasons…. Phoenix knew Cay Clubs was committing fraud and his services were assisting in that fraud, yet he continued to represent Cay Clubs in violation of Bar Rule 4-1.16” This case provides helpful guidance for lawyers who find themselves in a difficult position when they suspect a client is engaging in questionable or illegal conduct. Regardless of duties owed to a client, these obligations are not unfettered. As exemplified in the circumstances of the Phoenix case, a lawyer also has a duty to the legal system, the public and our profession that can be superior to duties to a client. All lawyers have an obligation to “get off the bus” in the appropriate circumstances.

Henry Lee Paul, Esq. 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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April 2021

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practice section: appellate law

What prompted the change to jurisdiction for county court appeals?

by alex brockmeyer, esq.

change to the law governing appellate jurisdiction came into effect on January 1, 2021, following Governor DeSantis’s June 20, 2020 execution of Senate Bill 1392. This new law impacts the jurisdiction of Circuit Courts to consider certain appeals. Due to this change, County Court decisions in criminal cases and most civil decisions will now be appealed to Florida’s District Courts of Appeal. This article provides a brief primer as to what prompted the change; for a more in-depth perspective, the Res Gestae is also publishing a two-part series on the many changes made to Florida’s appellate rules.

But what prompted the change to jurisdiction? Prior to the execution of Senate Bill 1392, the Florida Supreme Court determined a study was needed on whether Circuit Courts should be required to hear County Court appeals in panels and whether other reforms would be desirable.1 On Jan. 4, 2019, through Fla. Admin Order No. AOSC19-3, the Florida Supreme Court created the Judicial Management Council’s Workgroup on Appellate Review of County Court Decisions (hereafter called “Workgroup”). “Much of the reforms originated with the Judicial Management Council’s Workgroup on Appellate Review of County Court Decisions.”2 The administrative order noted appeals to the Circuit Court were being

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handled differently across Florida. The administrative order further noted “[t] he chief judges of the circuit courts ha[d] expressed concern that a rule requiring three-judge panels to hear all appeals from the county court level would make the timely disposition of appeals more challenging and would be particularly burdensome on smaller or less populous circuits with fewer judges.”

do not know how or which appellate decisions to follow.”5

Of those jurisdictions using three-judge panels, some rotate the panel every six months or so. As one commentator observed, “[t]his results in a loss of ‘institutional knowledge’ and creates a risk of inconsistent results and unusually long times for final resolution of an appeal.”3 Thus, while the Workgroup developed a consensus “circuit judges like the intellectual challenge of doing appellate work…they are primarily trial judgment and that is the work they do.”4

However, timely disposition of appeals was not the only factor that drove the jurisdiction change. The Workgroup and Florida legislature both cited problems created by conflicting decisions. Some Circuit Courts do not issue published opinions. “When conflicting decisions are rendered by different panels of judges within the same DCA, the Florida Rules of Appellate Procedure permit the court to conduct an en banc proceeding….” “In contrast, judicial circuits have no similar mechanism.” Thus, “[c]ounty court judges and non-parties to the prior litigation LeeBar.org

Nearly three months after Senate Bill 1392 came into effect, the results of the jurisdiction change remain unknown. *** In re: Amendments to the Florida Rules of Appellate Procedure-2017 Regular-Cycle Report, No. SC17-152, Fla. Oct. 25, 2018

Jim Ashe, County Court Appeals Will Soon Be Heard By The DCAS, https://www. floridabar.org/the-florida-bar-news/countycourt-appeals-will-soon-be-heard-by-thedcas/ (Nov. 18, 2020) Major Appellate Jurisdictional Shifts in Florida: The Effects are yet to be determined (June 22, 2020), available at https://www. jdsupra.com/legalnews/major-appellatejurisdictional-shifts-20186/

Gary Blankenship, Justices Support Having DCAS Handle County Court Appeals, https://www.floridabar.org/the-florida-barnews/justices-support-having-dcas-handlecounty-court-appeals/ (Nov. 27, 2019)

Florida House of Representatives Staff Analysis, CS/HB 7059 (Feb. 19, 2020)

Alex Brockmeyer is co-chair of the LCBA Appellate Practice Section and an attorney at Boyle & Leonard, P.A. He focuses his practice in appellate and original proceedings in both state and federal court.

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April 2021

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YLD spotlight

by kayla richmond miller, esq.

he Florida Bar YLD has spent the last few years raising awareness of the stigmas surrounding mental health and wellness of lawyers. After a survey, and staggering statistics of the mental health struggles of lawyers, the YLD has taken the initiative to dispel the stigmas and encourage lawyers to get help.

individual or as part of an affiliate. The competition awards points to participants for completing physical activities like running, swimming, biking, and playing sports. It also awards points to those who find ways to improve their overall wellness by engaging in self-care, like eating better, sleeping better, and attending counseling.

This year the YLD is hosting a Health and Wellness Olympics to continue raising awareness. The Health and Wellness Olympics also encourages lawyers to take action and commit to mindfulness and improvement of their mental and physical health and wellness.

The Olympics begins on April 1, 2021 and runs through May 27, 2021. Registration is currently open and will close on April 15th. Awards will be announced on May 28, 2021 over social media for the top three individuals and top affiliates (small, medium, and large).

The Health and Wellness Olympics allows any active member of the Florida Bar (not just a YLD’er) to compete as an

Finding ways to be healthier should obviously be the goal of the participants, but it also doesn’t hurt to get bragging

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rights. So, let’s get ready to compete! Find more information at www.YLDOlympics. com, and you can register at that site. Enjoy participating, represent your local YLD affiliate well, encourage other members to participate, and let’s get stronger together. You can also encourage others (and pat yourself on the back) by sharing your wins on social media with the hashtag #YLDMotionGranted. We look forward to your participation.

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legal lens The LCBA Black History in Law Luncheon was held on February 19 at Sidney & Berne Davis Art Center. The luncheon was sponsored by The North Law Firm. 1. 2. 3. 4.

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Photos courtesy of Jim Jett Photography

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New LCBA bylaws offer membership options and improved communications with the bench

Photo (top left clockwise): Michael Anthony Pica, Kathleen Smith, Shirlarian Williams, Andrea Pleimling Smith, John Miller. Spencer Cordell. Matthew Roepstorff, Blake Hampton, Tiffany Pereira, Peter Knize. Photo courtesy of Jim Jett Photography.

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LeeBar.org

by keith grossman, esq.

he Lee County Bar Association members approved new amendments to the organization’s bylaws on February 19, 2021. The Executive Council approved the bylaws and brought them to the membership for a vote to adopt them.

Directors. The invitation is based on their existing status as business partners of the LCBA. Examples of Patron Members include court reporters; experts who provide testimony or consultation to attorneys or their clients; translators; or other business leaders or entities who have interaction with lawyers for whom Patron Membership would prove mutually beneficial. Cynthia Duff of CopyLady became the first Patron Member.

The bylaws of a nonprofit corporation are the Board’s internal rules and instruction manual for how the organization is governed. It is recommended to review bylaws every 3-5 years.

Attorney Spencer Cordell, who is the LCBA Treasurer, says, “It will help us enhance our membership with people that work with our members of the Bar and have not previously been able to join.”

The LCBA’s bylaws were amended in 2014, which restructured the composition of the Executive Council doing away with the five-year ascension process that was in place for most of the LCBA’s history. The restructuring of the Executive Council also added the Young Lawyers Division president to its ranks. The purpose of the 2014 restructuring was to create an Executive Council better poised to represent a diverse, growing membership.

The bylaws additionally provide a discounted rate for government attorneys. This membership rate is for individuals who work full time for a federal, state or local government agency, as well as the Lee County Legal Aid Society and Florida Rural Legal Services.

The current bylaws amendments change the title of “Executive Council” to “Board of Directors”.

Another change is the newly created Judicial Liaison positions added to the Board of Directors. The Twentieth Judicial Circuit Chief Judge, at their sole discretion, may appoint up to two Judicial Liaisons to serve as non-voting members of the Board. These appointments are two-year terms, with multiple and consecutive terms allowed.

The amendments also add new member classifications as Affiliate Members. These new classifications include: •

Paralegals – defined as individuals who receive training and/or certification to perform paralegal tasks under the direction and supervision of an attorney.

•

Legal Assistants - defined as individuals who are employed by a lawyer, law office, governmental law department, and who perform specifically-delegated substantive legal work under the direction and supervision of an attorney.

•

Law Office Administrator – defined as individuals who are employed by a lawyer, law officer, and governmental law department, as managers or administrators, but do not engage in the practice of law.

•

Law Students – defined as individuals who are currently enrolled in an ABA accredited law school within the preceding 24 months, who are undertaking a curriculum program designed to enter the field of law.

•

The first two Judicial Liaisons appointed by Judge Michael McHugh are Judge Robert Branning and Judge Devin S. George. Judge George was excited when she was approached about the opportunity. She believes this is a role that is important and even overdue. She feels her role will improve communications between the attorneys and the judges. Judge George said the Bar and the Judiciary don’t have much opportunity to communicate about “the meat and potatoes” of the court system. “I will be a good fit for this role. I’ll be someone you can definitely come to with concerns and questions about court rules and proceedings.” Judge George says it’s important for members of the Bar to know they have designated individuals on the Bench available for open communication. She believes Bar lunches and events are not really great forums for this type of communication.

Paralegal Students – defined as individuals who are currently enrolled in an accredited university or college or have attended an accredited university or college within the preceding 24 months, who are undertaking a curriculum program designed to enter the field of being a paralegal or legal assistant.

She is also looking forward to being involved as a Board member of the LCBA. She said, “I’ll be much more privy to what’s going on within the Bar association as a whole.” Judges Branning and George were sworn in at the Annual Bench Bar-B-Q & Shrimp Boil on March 27th.

There is also a newly recognized classification as a “Patron Member”. Patrons need to be invited by the Board of April 2021

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Own a Piece of History The home of William H. Towles is for sale

he historical William H. Towles House,

located at 2050 McGregor Blvd., is being offered for sale. Initially constructed in 1885, it was completely renovated in 2005. This historic home was added to the US National Register of Historic Places on May 29, 2008 and is one of, if not the oldest, standing building structures in Lee County. The Towles House has been the home of the law firm now known as Boyle, Leonard & Anderson, P.A. since 2005. The original owner of the Towles Home, William H. “Wild Bill” Towles, was one of the most influential characters shaping the early history of Fort Myers. It was Bill Towles (September 28, 1852 to June 25, 1921) that gave Fort Myers its first stone Courthouse, now occupied by the Lee County Commissioners. Wild Bill Towles had always wanted a monumental stone Courthouse instead of the then existing two-story wood frame Court House. In 1914, while serving as chairman of the County Commissioners, Wild Bill Towles obtained the approval needed from the County Commissioners to move forward with construction of the new stone Courthouse. Not

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LeeBar.org

surprisingly, Harvey H. Heitman, a longtime rival of William Towles, principally due to their affiliations with rival banks, adamantly objected to the new Courthouse’s construction. On October 26, 1914, Harvey Heitman supporters boarded a train to Arcadia for purposes of obtaining an injunction to prohibit the destruction of the older wood frame Courthouse, which had no bathrooms. At that same time, Wild Bill Towles led a demolition team down Second Street to the old Courthouse. The demolition of the old Courthouse, done by bonfires, continued into the night and early the next morning. Wild Bill Towles stood guard across the street from the old Courthouse with a shotgun to ward off anyone who might try to intervene. The following day, Francis Perry returned from Arcadia and after meeting Harvey Heitman at the now burned old Courthouse, pulled from his pocket the injunction he had obtained. The Heitman delegates went back to Arcadia to seek an injunction prohibiting the construction of the new stone Courthouse, alleging such construction was wasteful and a terrible use of tax payers’ money, but the judge stated something to the effect about “that horse has already left the barn”. By December 1915, Lee County’s new solid brick and granite Courthouse, with towering Doric columns and containing a gorgeous marble lobby, was completed. Eventually, giving way to the ever-increasing Lee County population, the current Lee County Justice Center was constructed. Today, the dream of William H. Towles houses our County Commissioners as well as the offices of our State House and Senate Representatives. BLA tin roof • two story • approx. 3,650 interior square feet • real pinewood flooring throughout 750 square foot finished open porch • reception area • kitchen • large conference room downstairs: two offices with workspaces for five additional staff members upstairs: three offices with workspaces for four additional staff members

If interested in purchasing the William H. Towles Home, a historic and classic piece of Fort Myers history, please contact Michael W. Leonard at (239) 337-1303. April 2021

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special feature

LAW WE

by keith grossman, esq.

he American Bar Association first suggested the idea for a Law Day in 1957 as a special day for celebrating our legal system. President Dwight D. Eisenhower issued his proclamation establishing a Law Day in 1958 and his proclamation stated, “I urge the people of the United States to observe the designated day with appropriate ceremonies and activities.” Congress passed a joint resolution on April 7, 1961 to dedicate May 1st every year as a day to celebrate the rule of law and its contributions to our country’s freedoms. Every President since that time has issued their own annual Law Day Proclamation. The Lee County Bar Association would be celebrating Law Week this year for the 28th time if not for the safety precautions required due to COVID. Law Week is usually held at the end of April or beginning of May. The LCBA started celebrating with a full week of activities in 1994. Judge John S. Carlin has chaired Law Week since its formulation. The Lee County Bar Association Law Week is a way for attorneys to give back to our community and to recognize individuals for their contributions to legal education and service to the rule of law.

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LeeBar.org

EK CANCELLED DUE TO COVID

Unfortunately, Law Week was unexpectedly impacted by the COVID pandemic in 2020 as all scheduled events had to be cancelled. The difficult decision was made again to cancel Law Week this year. In 2018, for the 25th anniversary celebration, Judge Carlin issued the following statement: “Law Week presents an opportunity for the Lee County Bar Association members to give back to our community with a variety of service projects. Recognizing the importance of pro bono legal services, Law Week includes Law in the Mall, where lawyers provide legal advice at the Edison Mall to members of our community. High School students are invited to the Lee County Justice Center to watch oral arguments heard by the Second District Court of Appeals as well as participate in a question-and-answer session with the Judges from the DCA. The last event of Law Week is the Law Week Awards Luncheon, which honors a Teacher of the Year for Law-Related Education, as well as Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff’s Office. The luncheon is also when the prestigious Liberty Bell Award is presented to a deserving member of our community. Every year past winners are invited back to the luncheon to be recognized and appreciated. I am very proud of the community service that the Lee County Bar Association members provide to our community during Law Week and throughout the year.” Law Week is a keystone activity reflective of the LCBA mission — to promote a better understanding between the general public and the legal profession. We look forward to this celebratory event returning to our community.

April 2021

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guest attorney

New Year,

New Appellate Rules (PART 2)

by christopher d. donovan, esq.

s I noted in the last issue of Res Gestae, there are many important changes to appellate practice. Most of these changes became effective on January 1, 2021. Here’s a summary of additional changes I did not include in Part 1 of my article: Creating rule 9.040(j) to require every appellate court or circuit court sitting in an appellate capacity to publish its written opinions on its website in a searchable PDF unless confidential under Florida Rule of Judicial Administration 2.420. The Supreme Court and District Courts have been doing this for years, but the circuit courts sitting in their appellate capacity were not. •

Amending rule 9.110(d) to require notices of appeal to indicate whether a motion for rehearing or

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other tolling motion is still pending in the lower tribunal. A few years ago the Court changed the rules to make it clear an appeal filed while a rehearing is pending no longer results in the rehearing’s abandonment, but causes the appeal to be held in abeyance until the rehearing is resolved. This revision gives notice to the appellate court of the pending tolling motion. The appellate form has been updated as well. The rule also requires giving the appellate court notice within 10 days after the tolling motion is resolved or withdrawn. •

Creates new 9.120(f ) to require parties to include a statement of the issues section in their jurisdictional brief to the Supreme Court if they LeeBar.org

intend to raise issues independent of those triggering jurisdiction. •

Amending rule 9.130(a)(4) to clarify orders resolving rehearing are not separately appealable. They can be reviewed with a final order—if they were timely—but cannot themselves be separately appealed.

•

Amending rules 9.170(b)(23) & (24) to clarify in probate and guardianship proceedings, orders either denying or awarding entitlement to attorney fees and costs are immediately appealable.

•

Amending rule 9.200 to enable attorneys to direct the clerk to send unredacted records on appeal to the appellate court without an order from the district court in every case.

•

Deleting rule 9.300(d)(13), which had originally said no motion filed in the Supreme Court tolled other deadlines—like briefing deadlines— unless also accompanied by a motion to toll deadlines. For years, the opposite has been true in circuit and district courts where most appellate motions toll all deadlines. This trap for the unwary at the Supreme Court has now been removed.

•

Amending rule 9.320(a)(4) and (d) to require requests for oral argument in the Florida Supreme Court to be made by the due date of the party’s jurisdictional brief, except when jurisdiction is based on a certified question, and then it is due five days after filing the notice to invoke discretionary review. These requests must explain why oral argument would enhance the Court’s review of the issue, and the opposing party has five days to respond. Again, this amendment only applies in the Florida Supreme Court.

•

Creating new rule 9.425, which requires parties to provide notice to the attorney general in any appellate proceeding where the constitutionality of a state statute or constitutional provision is challenged. The exception is cases involving criminal, collateral criminal proceedings, or where the attorney general is already a party. The rule applies regardless of the document raising the constitutional challenge and must be filed and served simultaneous with that document. New rule 9.900(m) provides a form for your convenience.

•

Amending rule 9.440 to include two new subdivisions allowing for limited-scope appearances and providing that unless the notice of appearance says otherwise, the attorney filing it will be deemed the attorney of record.

These are just a few of the notable rule changes that became effective in the New

April 2021

Year. Check out the following Supreme Court opinions for others and further explanations: In re Amendments To Florida Rules of Appellate Procedure 9.120 & 9.210., SC20-597, 2020 WL 7062711, at *1 (Fla. Dec. 3, 2020); In re Amendments To Florida Rules of Appellate Procedure 9.120 & 9.210., SC19-884, 2020 WL 7062674, at *1 (Fla. Dec. 3, 2020); In re Amendments to Florida Rules of Appellate Procedure-2020 RegularCycle Report, 45 Fla. L. Weekly S282 (Fla. Oct. 29, 2020); In re Amendments to Florida Rule of Appellate Procedure 9.130, 289 So. 3d 866, 867 (Fla. 2020); In re Amendments to Florida Rules of Appellate Procedure 9.130 & 9.200, 288 So. 3d 1187 (Fla. 2020).

Christopher Donovan is a shareholder at Roetzel & Andress and Florida Bar Board Certified in Appellate Practice. He is also Chair of the Appellate Practice Section of the Florida Bar, a board member of the Collier County Bar Association, and Chair of the Collier County Bar Association’s Trial Law Section.

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Special Feature

The Dash is Back by kayla e. richmond miller, esq. and john miller, iii, esq.

he Downtown Dash is back in

whether it is running, biking, swimming laps at the pool, or going to the gym, daily exercise helps keep him balanced. He has a clear mind that allows him to focus on his practice, and he physically feels better and ready to take on challenges.

2021, with a renewed hope to kickstart a health and wellness focus for the Southwest Florida legal community. After its debut in September 2019, the Lee County Bar Association’s Health and Wellness Committee, in conjunction with the Fort Myers River District Alliance, is excited to announce the Second Annual Downtown Dash will be taking place on April 16, 2021 at 6:00 p.m. (Downtown Fort Myers). The Dash was originally created to provide a local event where health and wellness was brought to the forefront for the legal profession. Legal work is stressful – with demanding hours, clients, and responsibility. Add in a year like 2020 where the global pandemic isolated many, brought financial struggle, brought illness, and changed family dynamics. These challenges are on top of the continuing demands of the job. There exists a situation where mental and physical health was/is severely

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Travis Russell and John Miller at the 2019 Downtown Dash

compromised in our legal community. The rate of lawyer depression, lawyer suicide, stress, and unhappiness were already staggering, and now more than ever they need addressing. As co-creator of the Dash, John uses running to balance physical and mental health. He tries to exercise every day, LeeBar.org

John’s running partner, and wife, Kayla, also finds balance from running. “I was a hurdler on the track team in high school (Fort Myers High, Go Greenwave!) and at the University of South Florida, but I started distance running in law school. It gave me an excuse to get out of the library, and helped renew my ability to tackle the next day.” Kayla likes the premise of the Dash because she likes to run with others, “Whether it is being on the track team, running with a partner, or entering a race, I like to accomplish a long run or meet a goal with someone else. That is why you will frequently see me chasing John down McGregor.” Recognizing not everyone enjoys a

long run, the Dash is exactly one mile, and created for all ages, speeds, and competition levels. Participants can run, walk, jog, push strollers, and/or walk dogs through beautiful downtown Fort Myers. Although the event will have a different course in 2021, the premise is the same. The race starts and finishes in front of the federal courthouse. The first 150 registrants are guaranteed a commemorative T-shirt. There will be awards for the top three participants (male and female) in each of the standard age groups, as well as specialty categories for the fastest lawyer, member of court staff, and legal professional. The Fort Myers Track Club will professionally time this event. The Dash is being held in conjunction with the River District Alliance’s Music Walk and registrants are encouraged to stay downtown after the Dash and enjoy all of the excitement and entertainment that downtown Fort Myers has to offer. Furthering our reach, the Downtown

to see how much money it can raise to benefit the YMCA, and encourages you to join, along with your family and friends. This promises to be a fun and familyfriendly event, for a great cause. Sign up by visiting runsignup.com/Race/FL/ FortMyers/DowntownDashFortMyers. We hope to see you all there!

Carlos Kelly after running the 2019 Dash in a suit.

Dash hopes to promote health and wellness within the community at large. This year, the Dash has a new beneficiary, and the Lee County Bar Association Health and Wellness Committee is excited to announce the Dash will benefit the Fort Myers branch of the SKY Family YMCA. The Bar Association looks forward

John Miller is a Partner with Boy Agnew Potanovic. He focuses his practice exclusively in civil litigation and has extensive experience representing businesses, government entities, individuals, and insurance carriers at the trial and appellate levels, as well as in arbitration proceedings.

The Legacy Continues Helping Save Families since 1971

A respectful approach to divorce. Client-centered, child-focused, problem-solving transition from marriage. Divorce does not have to be a destructive process.

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239-332-4543 RespectfulDivorces.com 2134 McGregor Blvd., Fort Myers, Fl 33901 April 2021

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the dish

Café YOU

pe Coral a C o t r e d n Down U f o e r u lt u c ste and a t e h t g in g Brin

by andrea pleimling smith,esq.

nyone who knows me, knows I am both a foodie and focused on healthy eating. Café You ticks both boxes. The eclectic décor mirrors the menu, which offers something for everyone. Whether you are a vegan, vegetarian, pescatarian or, like my husband, err on the side of carnivore, there is something for you. The food is delicious, and they offer a first-rate coffee experience as well. Their coffee beans are locally roasted and their baristas knowledgeable. I highly recommend the almond milk latte, and there are a wide assortment of coffee beverages and teas to suit any taste. Café You is an Australian style café which marries coffee culture and foodie culture in a relaxed and inviting setting. I typically frequent Café You for lunch on Fridays when I am in our Cape Coral office. Even if you are not in the area, it is worth the trip. Café You is enjoyable for both dining in (indoor or outdoor) and carry out. Given that Australia is the birthplace of

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avocado toast, it is no surprise it is a main feature on the menu and should not be overlooked. Never underestimate the deliciousness of smashed avocado on top of some perfectly toasted sourdough. Their “Avocado Smash” (cue the Aussie accent) is offered with a variety of creative topping combinations such as cherry tomatoes, feta, EVOO and red pepper flakes; strawberries, feta and pumpkin seeds; and cucumber, pickled onion and togarashi; amongst others. My go-to lunch is from the “Tucker Bowl” section of the menu. The Roasted Veggie Buddha Bowl, with the addition of tofu, is the perfect combination of roasted veggies, fresh baby lettuce and a delicious tahini dressing. All the Tucker Bowls can be customized with your choice of protein including shrimp, chicken, seared tuna and tofu. The Thai Green Curry with tofu as a protein option is also one of my favorites. There is also an international flair to the menu, with options such as Korma, Shakshuka and a LeeBar.org

Photos above and right: Chickpea Herb Burger w/ pickled carrot, marinated lotus root, roasted pepper aioli and remoulade served with a side of Asian Slaw - V; Mushroom Flatbreadtoasted naan w/ mushroom ragout, arugula, roasted mushrooms, tomato, balsamic & goat cheese (V without goat cheese); gluten free bread to take home.

Spanish Chickpea Bowl. I love the fact Café You focuses on procuring fresh, high quality food and staying local whenever possible. Their emphasis on quality is very apparent in all their food and beverage options. They opt for whole food and healthy ingredients without preservatives or additives. They are also very conscious of dietary restrictions and offer many gluten-free and vegan options. Of course, I can’t skim over the dessert options. There is an enticing array of

Photos below clockwise: Beef Stew - slow cooked beef with red wine gravy, vegetables over basmati rice and sunny egg; hummingbird cake; outside dining area; lemon and lavender donuts; dog treats; Southwestern Chicken Omelette w/ poblano, bell pepper, onion, bacon, white cheddar, chipotle aioli, tomato and avocado, served with house-made sourdough toast on the side - V; Tuna Poke Bowl w/ marinated ahi tuna, shredded carrot, radish, avocado, marinated lotus root, spicy aioli, brocoli, toasted sesame over warm basmati - GF.

house made baked goods each day. There is also a wide selection of desserts that can be preordered for parties and events (or just your own personal enjoyment, no judgment). In addition to their dining options, Café You offers take away freshly baked bread, veggie burgers and other goodies for you to make at home. I can attest to the fact their gluten-free bread is amazing, and I usually pick up a loaf to take home when I am there.

are 7:45 am - 3:30 pm. Café You also offers special fine dining events, including wine dinners and chef’s tasting dinners. I have yet to attend one of these events, but it is at the top of my culinary to-do list. Their recent events included a Middle Eastern Wine Dinner and Vegan Chef’s Tasting Dinner. The Middle Eastern Wine Dinner included courses such as a Mezze appetizer, Lamb Tagine, Fish Koftas, Koshari (layered rice, lentils and chickpeas in a tomato sauce), Israeli Chopped Salad and of course, Baklava for dessert. The dinner featured wines from Lebanon. I did not attend, but it sounds enticing. I encourage you to check out this local gem. You will not be disappointed!

There are an abundance of breakfast, brunch and lunch options. Normal hours

April 2021

Café YOU 1423 SE 10th Street, Unit 1A Cape Coral, FL 33990 239.600.0966 cafeyou.com Normal Business Hours: Mon-Sat: 7:45 am - 3:30 pm (order by 3:00 pm) Sun: Closed

Andrea Pleimling Smith is a partner with Goldstein, Buckley, Cechman, Rice & Purtz P.A. and focuses her practice on representing plaintiffs in personal injury and wrongful death cases.

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judicial assistant spotlight

Robin Crivello (JA to Hon. Elisabeth Adams)

1. A wonderful couple adopted me when I was 8 months old. Through Ancestry.com and 23 and Me, I found out about both my biological mother and father. I also discovered the circumstances under which I became eligible for adoption. It is quite a story and the New York Post had an article about me when I was six days old. 2. I was the national marketing director for a three-ring big top circus in Sarasota. I was responsible for all advertising and publicity for the shows. I met Ernest Borgnine and his wife, Tova, and Tiny Tim, who travelled with our circus briefly. 3. I am a music LOVER, especially live bands! Classical rock and the blues are my favorites! I will travel far to hear the blues!! 4. I recently decided to try painting…you know..with an easel and canvas. I really love painting both acrylic and oil. 5. I am now retiring April 30th. On a final note, I want to say Elisabeth Adams hired me twenty years ago to work at her law firm. I followed her when she became a Circuit Court Judge. I love working here and made lifelong friends. I especially thank Judge Adams, who has been one of the kindest and most generous people to work for, both personally as well as professionally, by sharing her extensive legal knowledge and allowing me to be a part of the everyday process. I am forever grateful.

Family Mediation

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member spotlight

Katherine Camadeco, Esq.

1. I swam with sharks in Hawaii, dolphins in the Bahamas and string rays while on a cruise. 2. I had the honor and pleasure to serve as a Judicial Law Clerk to the Honorable James T. Vaughn, Jr. of the Delaware Supreme Court. 3. I can’t say no to a puppy – I have had as many as four at one time. 4. I got a Master’s in Business Management, before going to law school, and worked with start-ups, including a law firm which gave me my first taste of the law. 5. Not a native to Fort Myers, I lived here from 2010-2012 and then moved back again in 2017. With all the sun and palm trees, I just can’t seem to stay away.

THE

APPELLATE

GURU • Civil • State & Federal • Family Law • Probate & Guardianship • Land Use

Call the Guru for all your Appellate needs! Christopher D. Donovan 239.213.3865 | cdonovan@ralaw.com ralaw.com | Roetzel & Andress, A Legal Professional Association

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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.

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April 2021

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100 club Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies. Absolute Law, P.A. Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Coleman & Coleman, PLC. Cole Scott & Kissane, P.A. - Fort Myers Florida Rural Legal Services, Inc. Freidin & Inglis, P.A. Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg|Noone|Abraham Personal Injury Atttorneys

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP Henderson, Franklin, Starnes & Holt, P.A. Hollander & Hanukah, Attorneys at Law John Webb Legal Group, P.L. Kelleher Law Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Linde Law Group McQuagge & King Law Firm Men's Rights Law Firm

O'Halloran & O'Halloran, Attorneys at Law Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino / King Trial Lawyers Sheldon E. Finman, 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 Person, P.L. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Zinn Law If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

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LeeBar.org

xx new members Emmanuella Casimir, Esq.

Mairin Roepstorff, Esq.

Ryan Downey, Esq.

Elliott Tubbs, III,. Esq.

Rich Haberle, Paralegal

Christopher T. Lawson, Esq.

Office of the Public Defender

Office of the Public Defender Wilbur Smith, LLC.

NeoGenomics Laboratories, Inc. Conroy Simberg, P.A.

Banker, Gassler & Lopez, P.A.

David G. Jones, Esq.

Luks, Santaniello, Petrillo and Cohen

Colby Keefe, Esq.

Henderson, Franklin, Starnes & Holt, P.A.

Philip Maiorca, Esq.

Philip R. Maiorca, Attorney at Law

Wesley M. Randolph, Esq. Morgan & Morgan, P.A.

Cummings & Lockwood LLC seeks a partnership-track senior associate or of counsel attorney to add to its Naples Office Private Client Group. Attorney could ultimately inherit the practice from senior and retiring partners.

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See LCBA website classified advertisement for additional details or visit our website at www.cl-law.com. Please send cover letter, resume and transcripts to oeldridge@cl-law.com.

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in the news Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that during a recent council meeting, litigation attorney Monica Schmucker was elected to, and also named chair of, the Town of Fort Myers Beach Nuisance Abatement Board. Schmucker is a resident of Fort Myers Beach and devotes countless hours to its community. As a member of the Fort Myers Beach Women’s Club Board of Directors and Chair of the Social Committee, she assists in fundraising efforts supporting nonprofits throughout the community.

Associates and Bruce L. Scheiner announces community leader and former Fort Myers mayoral candidate, Jacquelyn D. McMiller, has joined the law firm as their community service coordinator. McMiller will play a pivotal role in community outreach, service, and support within the Fort Myers and Lee County area. Much like the Associates and Bruce L. Scheiner family, McMiller has dedicated her personal and professional life to helping those in need. She has been recognized by the 20th Judicial Circuit as an expert in her field of Child Safety Methodology.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that Attorney Michael J. Corso was asked to provide comment to the proposed revision to the International Glossary of Business Valuation Terms. Corso, who is also an aerospace engineer, has been Florida Bar Board Certified in Civil Trial Law for over 37 years and over 20 years in Business Litigation Law. He focuses his practice in matters involving product liability and the defense of non-medical professionals such as lawyers, accountants, architects, engineers and surveyors.

Laird A. Lile, a Board-certified wills, trusts and estates attorney in Naples, has been appointed by the president of The American College of Trust and Estate Counsel to three committees that advise on policy initiatives for the legal profession. The three committees are the Artificial Intelligence Task Force, the Charitable Planning and Exempt Organizations Committee, and the Practice Committee. Lile is a past state chair and a Fellow in The American College of Trust and Estate Counsel.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that Attorney Iman Zekri is the recipient of the 2020 Florida Bar Journal Excellence in Writing Award. Members of The Florida Bar Journal’s Editorial Board nominate outstanding submissions based on substance, style, and quality of writing and research. Zekri’s article, “Respectfully Dissenting: How Dissenting Opinions Shape the Law and Impact Collegiality Among Judges,” originally appeared in the September/October 2020 edition of the Florida Bar Journal.

The Pavese Law Firm is proud to announce Partners Chad Capps and Chene’ Thompson will join current Managing Partner Charles Mann to form a three-person Management Committee. Capps and Thompson selection will ensure continuity as Mann intends to step down as Managing Partner in December 2021. Capps joined the firm in 2008 and became a Partner in 2013. Thompson joined the firm in 2013 and became a Partner in 2015. She is the first female Managing Partner in the firm’s 72-year history.

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LeeBar.org

Our Dedicated Service Defines Us. Aloia Roland is honored to sponsor the inaugural Fish Like MADD Tournament.

April 24 from 7 a.m. to 3 p.m. Waters in Lee County

To register: madd.org/fishlikemadd

“ Our personal injury team sees tragic DUI accidents often and believes wholeheartedly in MADD SWFL’s mission. Our goal is to elevate awareness of the organization’s advocacy work from the highways to the waterways. We challenge you to join in the fun while helping those who have been affected. ” Ty Roland

Senior Partner

Headquartered at 2222 Second Street + Fort Myers, Florida 33901 + 239-791-7950 + LawDefined.com

P.O. Box 1387 Fort Myers, FL 33902-1387

PRSRT STD U.S. POSTAGE

PAID

(239) 334-0047 Fax (239) 334-0523

FT. MYERS, FL PERMIT NO. 147

LeeBar.org

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

YOUR BUSINESS KEEPS YOU BUSY.

Let us come to you.

Like Thomas Edison,

we believe there is always “a better way.” That’s why we offer courier services created exclusively for our Fort Myers, Sanibel and Captiva business customers. One of our couriers will make a same-day pick up of your deposits at your place of business. The old adage is true: “Time is money.” Your business saves both when we come to you. Experience our personal approach to banking. 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.