Res Gestae - December 2013

RES GESTAE

THE OFFICIAL PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

DECEMBER 2013

To Support, Protect, and Defend Welcoming our new judges

The Florida Bar Foundation Funding for justice

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Contents features

14

departments

To Support, Protect, and Defend

Welcoming our new judges

by Sara Fitzpatrick Comito

6

Letter from the President

8

Letter from the Editor

by Mary C. Evans, Esq.

by Nanci DuBois

10 Family Law Matters

A step FARther

by Luis E. Insignares, Esq.

12 Community Connection

Family Resource Center

by Sara Fitzpatrick Comito

20 The Dish List

Where to Meet and Eat

14

21 The Dish

12

23 Catching Up With...

Mad Fresh Bistro Pro Bono Committee

by Sara Fitzpatrick Comito

24 The Florida Bar Foundation

Provides Leadership and

Funding for Justice

by John A. Noland

26 Legal Lens Social Scene Photos

21

30 On the Bench

Hon. Bruce Kyle

31 From the Bar

Shannon Puopolo, Esq.

32 Legal Briefs

News and Happenings

38 Calendar of Events

32

RES GESTAE | December 2013

239.334.0047 resgestae@leebar.org

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EXECUTIVE EDITOR Nanci DuBois 239.334.0047 ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux LAYOUT AND DESIGN Kat Godina ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Sara Fitzpatrick Comito Nanci DuBois Mary C. Evans, Esq. Luis E. Insignares, Esq. John A. Noland BILLING INQUIRIES 239.334.0047 Res Gestae is published monthly by CONRIC Publishing in partnership with 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 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.

On The Cover: Judges Donald H. Mason, Amy R. Hawthorne, Joseph Foster, Sheri Polster Chappell, Jim McGarity and Lisa S. Porter

Thanks to Norma Hand Brill for her donation to the LCBA CLE Lending Library of “Elder Law Annual Update and Review Course” from The Florida Bar. Members may reserve this through Lisa by requesting #260 at admin@leebar.org, or call for availability at (239) 334-0047.

4

re s g e s ta e

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

Cover Photo: Kat Godina Copyright© 2013. 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 Nanci DuBois, Executive Director of the Lee County Bar Association at info@leebar.org.

$2,270,000 motorcycle accident $4,500,000 fall accident $1,000,000 fall at hotel $850,000 truck accident $500,000 car accident $500,000 victim of drunk driver

Note from the President My Dear Reader, I can hardly believe it has been one year since I took up the helm of the Lee County Bar Association. I enjoyed my time as President and heartily invite you, nay, Double Dog Dare you, to get involved. I guarantee there is something going at the Bar Association that will interest you…and that needs your talent.

And, speaking of talent, the more active you become in this organization, the more talent you will meet. I have often lovingly referred to the Executive Council, including myself, as five nutballs, but the truth is they are talented lawyers, each with a very distinct personality, each with very strong views (and a voice to match!) and all with a tremendous sense of humor.

By now, surely you have figured out that I have a sense of humor and I am not afraid to put my own head on the proverbial chopping block of deprecation, but what a lucky girl I am to have spent the last four years with people from whom I have learned and with whom I have laughed…hard!

I am pleased and proud to call John Agnew and Scott Atwood and Anne Dalton and Kelly Fayer “friend.” And I look forward to continuing my Bar service with them and for them. I stepped in as Chairperson of the Mock Trial Committee so I could continue to serve the Lee County Bar Association in a meaningful way. I have absolutely no doubt there will be other ways I can, and will, serve as well.

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM EXECUTIVE DIRECTOR Nanci G. DuBois EXECUTIVE ASSISTANT Lisa Poulin LAWYER REFERRAL & PRO BONO COORDINATOR Ghaylene Reyes

EXECUTIVE COUNCIL PRESIDENT Mary C. Evans, Esq. VICE-PRESIDENT John D. Agnew, Esq. SECRETARY Anne Dalton, Esq. TREASURER Scott Atwood, Esq. MEMBER-AT-LARGE Kelly Fayer, Esq.

YOUNG LAWYERS DIVISION PRESIDENT John Miller, Esq.

COMMITTEES

As I was saying, serving as President over the past year has been a privilege. I hope my efforts added to the growth of the Lee County Bar Association and I hope you, too, enjoyed my columns. And now, I shall exit Stage Left and collapse onto my fainting couch in front of a glorious sunset. (Cut. Print. That’s a wrap.)

HISTORY E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. LAW RELATED EDUCATION Jaime Maurer, Esq. & Scott Atwood, Esq. LAW WEEK Hon. John S. Carlin LIBRARY Robert L. Donald, Esq. MOCK TRIAL Mary C. Evans, Esq. PAST PRESIDENT Karla Y. Campos-Andersen, Esq. PRO BONO Audrey Singelton, Esq. & Katie Berkey, Esq. MEMBERSHIP Carlos Kelly, Esq. SOCIAL EVENTS Amanda Mitteer-Bartley, Esq. & Theresa Daniels, Esq. TECHNOLOGY Michael E. Chionopoulos, Esq.

Mary C. Evans, Esq. mary@maryevanslawyer.com | (239) 226-1062

ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. APPELLATE LAW Margaret White-Small, Esq. CRIMINAL LAW Keith Upson, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. GENERAL CIVIL & BUSINESS LITIGATION J. Jeffrey Rice, Esq. TORT LITIGATION Preston John (PJ) Scheiner, Esq. FAMILY LAW Rana Holz, Esq. & Jo Ellen Kane, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq.

To those of you who stopped me in person or who sent me e-mails complimenting my columns, I thank you most sincerely. I heard from some of my predecessors that their most hated part of this job was coming up with this column for Res Gestae. Hah! I have loved this part of the job! The most difficult part is not thinking up what I want to write about, as I seem to always have something to say about something [snort], the hardest part has been keeping my message to so few words! Oh to have the luxury of just twenty more words!

Alas, I need creative freedom! One cannot stifle such an artiste! (I will now take my bow for the most melodramatic digression in the history of all mankind.)

6

RES GESTAE | December 2013

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MIAMI

Letter from the Editor Another year comes to a close, and it’s time to reflect on where we’ve been and where we’re headed.

I want to take a moment to thank Mary Evans and her assistant, Marge O’Dell, for staying close when I needed them during this year. Sometimes things happen that simply require our President, and Mary has always been a cheerful and decisive “Jill on the Spot” for my office. She made our work lighter, and has been a joy to work with. I’m so glad we won’t lose her into the abyss of Past Presidents. No, Mary will be very actively involved as Chair of Mock Trial 2014 and of our Bench/Bar Gala in April 2014.

Seeing successes exceed our expectations (say THAT fast three times!) has been one of the greatest rewards in my position as your Executive Director for Lee County Bar Association. Some that come to mind for 2013 are: 1. The increases in membership – watch us grow! Every month we add new members, listed here in Res Gestae.

2. The development of a Membership Committee headed by Carlos Kelly means we are actively seeking member feedback and suggestions we may be able to implement to make our Association even better. Listening is the first step in understanding and taking action. We have many ears waiting to hear from you, so connect today if you have suggestions. TellKel@leebar.org or carlos.kelly@henlaw. com are e-mail resources ready to listen.

3. This year, we changed some old rules governing our Lawyer Referral Service program, including: - Free 30-minute consultations on referrals for Personal Injury and Malpractice issues - Changed rebate from “10% rebate after the first $100 in client fees” to “10% rebate after the first $500 in client fees” - Response time on all calls within one business day - Office hours open through the noon hour, in most instances 4. Established new Appellate Law Practice Section, with Margaret White-Small as Chair 5. Held more live CLEs than in years past 6. Increased member participation in Committees and Practice Sections Are we patting ourselves on the back? You betcha! And you need to do the same, for without your participation with us in meetings and events, on committees and in practice sections, we would cease to exist. Thanks so much, for coming to the table and taking from it something of value to you. Count yourself among our loyal members, and promise yourself to take another look at us if you haven’t been involved in a while.

We have an exciting year planned out for 2014, and the complete Calendar of Events is in this issue. Mark your favorite events, and go online to RSVP for them now, while you have the magazine open. And don’t forget to put these into your own calendar! We’re ready, and set for you to GO! Happy & Safe Holidays to all!

Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102 8

RES GESTAE | December 2013

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Family Law Matters

A Step FARther:

The 2011 Alimony Amendments

by Luis Insignares

In a prior edition of this column we looked at how the “alimony reform” movement first kicked into high gear in Florida in 2010, when its lobbyists succeeded in having the “three tier” system regarding permanent alimony codified, and added “durational alimony” to the statutes. The leading group behind this legislation was and is called Florida Alimony Reform, or “FAR.” In this installment we’ll look at how the group expanded on its 2010 success, by going a step “FARther” in 2011.

2011 House Bill 1111 was fairly massive, ending up being a law over 40 pages long. The bulk of what passed into law as Chapter 2011-92, however, did not have to do with alimony, at least not directly. Instead, the law predominately consisted of a large-scale overhaul of Chapter 88 of the Florida Statutes, whose common name is the Uniform Interstate Family Support Act (“UIFSA”).

Tucked away at the very end of the “orderly parts” of the actual law, beginning on the third page of the formal description of the law, however, we find that Chapter 2011-92 also does this: amending s. 61.08, F.S.; revising provisions relating to factors to be considered for alimony awards; revising provisions relating to awards of durational alimony; revising provisions relating to awards of permanent alimony; providing that the award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances; providing for applicability of specified provisions; providing effective dates.

“Durational alimony” was a whole new class of limited alimony which had only been introduced the prior year (along with the codification of the three-tier system). Although the original definition of this new type of alimony was limited to short-term and medium-length marriages, in 2011, subsection 7 of the alimony statute was rewritten as follows: “The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.” Ch. 2011-92, Laws of Florida, at § 79 (underscore in law to indicate new language).

So now, even in long-term marriages, a payee spouse might be limited to alimony for a term of years, if the trial court could be convinced her or his need would not be “ongoing,” although the statute does not tell us exactly by what powers of divination a court could foresee such future need. And if the court were to guess wrong? Well, the payee spouse might very well be stuck, because the same subsection of the alimony statute provides that “durational alimony may not be modified except under exceptional circumstances.” (Emphasis supplied). And what, 10

RES GESTAE | December 2013

exactly, are “exceptional circumstances?” Well, your guess is as good as mine, because the alimony statute does not tell us.

Further, payees already receiving permanent alimony may not necessarily be “safe” from such a fate. Although Section 80 of the law says that the passage of the law itself may not be “may not serve as a basis to modify awards entered before July 1, 2011, or as a basis to change amounts or duration of awards existing before July 1, 2011” (emphasis supplied), the same section nevertheless makes the law applicable “to all modifications of alimony of such awards made after July 1, 2011.” I think that “such awards” may be intended to refer only to post-July 1, 2011 awards, which would put those currently receiving permanent alimony “off the table” from these changes, but that is by no means certain.

Additional changes wrought by Chapter 2011-92 include this new provision added to the permanent alimony subsection: “In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.” Other than a generalized intention to make permanent alimony more difficult to obtain, exactly how this provision will be applied is difficult to say. Simply by adding the requisite “magic words” to a judgment? Or something more substantive?

Finally, a new subsection 9 was added to the alimony statute, which provided “The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” This provision leaves us with a double dose of uncertainty— how much less is ”significantly less,” and (again) what circumstances are “exceptional?”

While FAR’s website complains that Florida law lacks uniformity regarding alimony, and does not give trial court judges enough “guidance,” query whether the changes wrought in 2011 by that same group did not inject a host of new uncertainty into Florida alimony law? RG Luis E. Insignares is a board certified marital and family lawyer and a certified family law mediator practicing in Fort Myers, Florida with the firm of Luis E. Insignares, P.A. He serves on the Executive Council of the Family Law Section of the Florida Bar and is a current member of the Family Law Certification Review Committee and former member of the Family Law Rules Committee of the Florida Bar.

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Community Connection

Supervised visitation: no parent wants things to end up like that. However he or she ends up in this reality – criminal history, drug abuse, domestic violence, or extreme conflict between parents – Sheldon Finman wants people to recalibrate their thinking when it comes to supervised visitation. The family law attorney, whose firm’s motto is “Divorce does not mean the end of your family,” is also president of the board at The Sheldon Finman Family Resource Center of Southwest Florida, which provides supervision and a safe place for children to have access to his or her noncustodial parent.

And he is armed with a statistic that even he finds surprising, given the often polarizing effect of court-ordered supervision: Out of all the families that come to the Family Resource Center, approximately 50 percent successfully reunite. That’s not to say the parents decide to tear up their divorce papers. Rather, they become able over time to cultivate the motivation and develop the strategies to be more effective and harmonious co-parents.

“That’s significant, if not startling, to me,” Finman said. “I’ve been an attorney for 42 years. The cases are all court-ordered, the vast majority are coerced or compelled, and court-ordered over objections.”

Having a full half of the parents in such alienating circumstances move on and be able to have unsupervised visits is the type of built-in obsolescence the FRC wishes to achieve.

“The FRC is the only agency that accepts court referrals for divorce and paternity and post-divorce cases,” he explained, adding there are private practitioners who offer visitation supervision, but “there’s no other public agency that provides this service.”

Its resources are limited. All families using the service are charged $50 per hour, plus a small signup fee. Space is donated by the Children’s Advocacy Center on Evans Avenue on the weekends. The FRC, which Finman describes as “a growing, fledgling organization,” has an executive director, Tina Friedman, who is the only paid staff member, earning a nominal salary. It doesn’t have a community advisory board. There’s no fundraising director.

There are some assets, however, that would be the envy of any non-profit. “The board is a true village,” said Finman. “It’s quite 12

RES GESTAE | December 2013

incredible – the amount of dedication by the board members to keep this entity going.” Deborah Coe Silver of Silver Psychology Center is secretary, to whom Finman credits much of the organization’s success and staying power. “She’s the heart and soul of the FRC,” he beamed.

Judge Lee Schreiber is an emeritus board member, a long-time champion of children whom Finman said can be counted upon to be generous with her time and advice, and has supported the organization since its inception in 2006. Other familiar faces include Vice President Darryl Bauchert, a Certified Family Mediator, and local attorneys Christy O’Brien and Beth Ann Maliszewski. Last but certainly not least are the community volunteers who give freely of their time, of which there are precious few. “We are very much in need of volunteers to do supervision,” affirmed Finman.

The main source of funding for the FRC is a live and silent auction hosted at the Association of Family Law Professionals’ Annual Conference. At this year’s all-day conference, held Oct. 11 at the Colonial Preserve County Club, the FRC netted nearly $8,000, up from just under $7,000 last year. While it’s a fun event with popular items to bid on, Finman said the organization wants to do so much more, to apply for grants and be financially independent, and offer a greater array of services.

At this year’s AFLP conference, the FRC also gave out its first award, The Deborah Coe Silver Pinnacle Award, to its namesake, which will be presented every year to “an individual whose dedication is just over the top,” as Finman put it.

“We are saving a lot of families,” he said, but there’s much more to do. Volunteers are needed, especially to sign on for a four-hour block of supervising responsibility on weekends. To find out more about how to help, contact Shelly Finman at shelly@finmanlaw.com.

RG

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Welcoming our newest judges to the bench

by Sara Fitzpatrick Comito

The magistrates are the ministers for the laws, the judges their interpreters, the rest of us are servants of the law, that we all may be free. - Marcus Tullius Cicero

While Cicero met an untimely and nasty death at the hands of his political enemies, our modern society owes a debt of gratitude to the father of Natural Law. The great orator, philosopher and politician (among other things!) would also be heartened to know how we have worked to restore the ideals of a republic. These serve to limit the aggregation of power into the hands of a dictator, and Cicero saw them sacked by one military general after another in successive ambitions for conquest.

Today we don’t live in constant fear of our villages being burned and looted. But on the occasions we perceive our rights have been trampled, we look to our judges to hear us, acknowledge us and interpret and apply the law. It’s serious business! Judge Lundy’s Buckingham BBQ provides an opportunity for something just as serious: having fun. Even the most stoic interpreter of the law has to loosen his tie or let her hair down from time to time. It’s also a time for honoring the contributions of the newest judges in our circuit and district.

Following is a bit about those new judges: The Hons. Sheri Polster Chappell, Joseph Foster, Amy Hawthorne, Donald Mason, James McGarity and Lisa Porter.

United States District Judge.”

14

RES GESTAE | December 2013

Judge Sheri Polster Chappell didn’t know what she wanted to be when she grew up until an eighth-grade field trip to a county courthouse. Witnessing a criminal sentencing, she dreamed of being in the courtroom. “I never thought, however, that I would be fortunate enough to become a

She was one of a few females from her small-town Wisconsin class to go to college. She later moved to Fort Lauderdale to attend Nova Law Center where she became a Certified Legal Intern with the Broward County SAO – Juvenile Division.

The judge began her career as a misdemeanor attorney in the Twentieth Judicial Circuit SAO. In 1991 she became the first female office head of the Hendry and Glades County satellite Office. It was just one in a long series of firsts. In 1998, she became the first female office head of the Charlotte County Office and was named the first female attorney on the Executive Staff. She went on to serve 13 years as an ASA. Her then-four year old son Michael answered the phone one March evening and told his mom some guy named Jeb Bush wanted to speak with her. Governor Bush was calling to divulge he had selected her to serve as a county judge. She served in that capacity April 2000 to April 2003.

With the encouragement of Judge Isaac Anderson, who felt

diversity on the bench was important, Judge Chappell applied for the newly created United States Magistrate Judge position in Fort Myers. She was appointed in 2003 by a unanimous vote of the district judges. After serving her first eight year term and successfully going through the reappointment process, she decided to pursue a “pie in the sky” dream of becoming a U.S. District Judge.

When a seat became vacant in the MDFL, she applied with the Judicial Nominating Commission. After making it out of committee, she interviewed with Senators Nelson and Rubio. Following a substantial vetting process, she was nominated by President Barack Obama in June 2012 and was unanimously passed out of the Senate Judiciary Committee.

Judge Chappell’s first nomination by President Obama died in the Senate on December 31, 2012 at midnight as the 112th Congress recessed.

The president re-nominated her this January, and she was unanimously confirmed by a full Senate vote in the spring.

She was sworn in on August 9. “It has truly been an awesome and oftentimes frustrating journey,” she acknowledged, but all along, she’s managed to balance her career with being a mom. She likes to encourage others by sharing with them that “Anything is possible if you work hard and dare to dream!”

Judge Foster did a lot of soul searching before running for circuit judge and then asked some respected friends to be brutally honest about his character.

“After several shocked silences, or questions regarding the state of my sanity, I was told by everyone that I spoke with that I would be a

good judge.”

Having run for public office in Collier County, the judge felt confident in his ability to run a good campaign, a process he enjoys – which is good, considering how time consuming it was. He also put a lot of miles on his car, as often happens in our five-county circuit.

“In all honesty, I did not expect that I would find this job to be so enjoyable and would look forward to coming to ‘work’ every day as much as I do. There are other little things that I did not expect, like having to remind myself every time I

come into a courtroom to tell the litigants they can sit down, or the fact that my first name will forever be Judge instead of Joe.” Being the only Circuit Civil Judge in Charlotte County presents a time management challenge, one Judge Foster gamely rises to. “Perhaps the biggest challenge; however, is dealing with litigants that come to court unprepared,” he explained. “Having counsel or litigants that are not prepared can be very frustrating and reduces time that the Court can afford to focus on those who are ready to go.”

His rewards include working with the very professional and well prepared attorneys that are, as he said, “a breath of fresh air.”

Of course, civil practice is a broad area, and he enjoys the intellectual challenge of his role. He said his guiding principal is “to serve the citizens to the best of my ability. From my perspective it is important that everyone have equal access to the courts and an opportunity to have their grievances heard.”

When not on the bench, Judge Foster is very involved in his two teenage boys’ activities. An avid reader, and having limited free time, he listens to books on tape during his daily commute.

In closing, the judge said, “I would like to thank the voters of the 20th Judicial Circuit for electing me and for giving me the opportunity to serve in this capacity. I am honored and humbled by their confidence in me.”

Judge Amy Hawthorne assumed her new role as Circuit Court Judge in April of 2012, filling the vacancy left by the retirement of Judge John Dommerich at the end of that March. She began commuting from Cape Coral to her initial docket – Hendry and Glades. Her drive is maybe slightly better now, working in Charlotte County. And it’s a far cry from when she started out at the Public Defender’s Office in Labelle; back then, State Road 80 was a two-lane road.

The judge was never a stranger to a rural setting, having grown up in a small Georgia town. Law didn’t run in the family, but she did a school internship for one of the few local attorneys. Her current docket as a Charlotte County Circuit December 2013 | RES GESTAE

15

Court judge is mostly taken up with probate/guardianship and criminal cases.

Judge Hawthorne got her undergrad degree in speech communication, and worked in television ad sales for a number of years. But she never forgot about law: “It was always in the back of my mind.” Then came her “now or never” moment.

Once at UF’s College of Law, she interned at the Public Defender’s Office, where she gained knowledge of the evidence code and garnered a lot of trial experience. These skills were invaluable in the precarious job market of 1993, when she graduated.

While in her position in LaBelle, young lawyers had the unusual privilege of receiving mentorship from Judge James Sloan, who provided something of a play-by-play following the proceedings.

In 1998 she went into private practice then served as a general magistrate. She is also a Florida Supreme Court Family Mediator.

Being in the courtroom is Judge Hawthorne’s passion. She said stepping back from the role of advocate was certainly a transition, which upon looking back upon the last year, she feels she has made as mindfully as possible.

As for the long drive, she welcomes the time to reflect on all the issues she faces every day.

He said he was most affected by their professionalism and collegiality, and decided he would like to join their ranks someday.

He worked in civil law in Massachusetts for 10 years, then had the opportunity to move to Florida to become a prosecutor in the 16th Judicial Circuit. He then transferred to Charlotte County in 2004. “As a prosecutor in Charlotte County, I apparently gained the respect of many attorneys with whom I worked and when an opportunity to apply for the Circuit Court Judges position became available, I was encouraged by many of them to do so.”

With the judge’s previous history in the courtroom, there weren’t many surprises in store. However, he counts this as his biggest challenge: “because one must always be conscious of the appearance of favoritism or impropriety, I have almost no interaction with my old colleagues and friends.”

In Hendry and Glades County, Judge Mason is responsible for a panoply of dockets. The cases are remarkably diverse (“I now know more about cattle ranching than I ever imagined possible.”) and there are always tough calls. He said it’s gratifying to rise to the challenge and do what has to be done.

He refrains from taking himself too seriously with this guiding principle: “Life’s short. Don’t be a jerk!”

He spends his free time with his wife of 34 years, often boating or doing wine tastings. He’s recently taken up road biking.

“I never envisioned being where I am today,” Judge Donald Mason said. “Unlike many of my colleagues, I never thought about being a judge. In order to understand this, one must understand the somewhat unconventional route I took to get here.”

He did enter a lawrelated profession as a young man, becoming a police officer at the age of 20. Over the next 20 years, he went to night school and obtained his Bachelor’s degree and then his Juris Doctor, and became a member of both The Massachusetts Bar and The Florida Bar. “Quite frankly, I was very happy being a cop,” he recalled.

“However, I became very interested in the law as I progressed through my police career. The more I appeared in court, the more impressed I became with the prosecutors and defense attorneys with whom I worked.”

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Judge McGarity’s path to the bench did not resemble a straight line, but it demonstrates the focused resolve of one with a military background.

“I decided to attend law school after almost 25 years as a soldier with the specific goal to become a judge.” He began his military career as a private in the U.S. Army in 1971.

He was commissioned as an infantry officer in ’72, and finally retired in 1995 as a lieutenant colonel. “I felt that my desire for continued public service would best be applied to a decision making role,” he remembered.

He graduated from the University of Miami School of Law in 1999 and became an assistant public defender in Collier County in 2001, then served as a general magistrate from 2006-

2012 in the Twentieth Judicial Circuit. He was elected to the Collier County Court bench in November, 2012. “My biggest surprise has been to observe a lack of comity in our profession of law. We are not a tight-knit profession,” he said, “and that might be why lawyers are the butt of so many public jokes.”

Conveying a consistent sense of fairness to the public is Judge McGarity’s biggest challenge. “Folks who think they are going to get a fair hearing in court generally will walk away thinking justice was served. When that happens, the people will continue to follow the law and our future as a republic remains secure.”

There’s always something new happening for a county judge. He mused, “I must be easily entertained because I find something interesting virtually every day in what I do.”

A guiding principle for the judge can be summed up in a quote by John Bernard Books: “I won’t be wronged. I won’t be insulted. I won’t be laid a-hand on. I don’t do these things to other people, and I require the same from them.”

In his free time the judge remains engaged in veterans affairs.

He has two sons and loves to “travel widely with Susan, my best friend of over 40 years, and especially love camping in the out of doors.”

In closing, the judge would like to pass on his thanks on behalf of all the judges for including them in the Buckingham BBQ celebration.

wishes from lawyers and court personnel I had previously worked with.”

The most challenging part of her job is also the most rewarding: learning something new every single day. “Whether it be a nuance in the law, or a better way to conduct court, I always have something interesting to take home with me at the end of each day.”

Judge Porter enjoys her husband’s philosophy: It doesn’t cost anything to be nice. “But now that I’ve gotten to where I wanted to be, I think I can honestly say that ‘never give up and always persevere’ has been my guiding philosophy. As Thomas Edison said, ‘Many of life’s failures are people who did not realize how close they were to success when they gave up.’”

Of course, in the domestic relations and juvenile dependency court dockets on which she serves, it’s the children the judge will never give up on. Judge Porter is grateful to have such opportunities to serve the public. “To this day, I feel humbled every time I walk into the courtroom, and I am extremely grateful to all the people who helped me get to where I am today. RG

Judge Lisa Porter refers to her decision to become a judge as a natural progression, leading her to become an attorney, then a magistrate, and finally a Charlotte Circuit Court judge. “My journey began when I attended a three week long murder trial at the Lee County Justice Center the summer after my junior year of high school.” It was then that she became fascinated with the legal process. “Seeing each intricate part of that sensational trial caused me to begin traveling down the road to become a judge.”

Her position as magistrate surely warmed up the bench for her. Nonetheless, she said, “It was extremely humbling to walk into the courtroom in my new role and receive the many well

Judges Donald H. Mason, Amy R. Hawthorne, Joseph Foster, Sheri Polster Chappell, Jim McGarity and Lisa S. Porter

The Lee County Bar Association is also grateful – grateful to our new judges for their leadership, community involvement, professionalism and dedication to the law. Please join us in welcoming them to the bench.

December 2013 | RES GESTAE

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The Dish List

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The Veranda

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239-337-3446 1520 Broadway Ave, Fort Myers www.hotelindigo.com The Hotel Indigo Fort Myers provides an escape from the ordinary, offering premium services, a casually-sophisticated ambiance. Breakfast, lunch and dinner served daily in the Broadway Bistro. Happy Hour Monday through Friday 2pm - 8pm.

Ford’s Garage 239-332-3673 2207 First Street, Fort Myers www.fordsgaragefl.com Ford’s Garage is your neighborhood burger and beer joint, where everyone is welcome. Located in Historic Downtown Fort Myers, Cape Coral & soon in Miromar Outlets. Drop in for an Ice Cold Craft Beer, Cocktail or Wine and enjoy a Prime Burger.

Morgan House Restaurant 239-945-0405 33 Patio De Leon, Fort Myers www.morganhouserestaurant.com Discover the natural flavors of Old Florida. Experience The Morgan House Restaurant, where everything “old is new again”, while The Morgan House’s catering and culinary professionals bring legendary hospitality to you. A perfect place for entertaining and socializing.

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RES GESTAE | December 2013

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THE DISH LIST A new monthly feature showcasing where to meet and eat in Southwest Florida, running next to RG’s regular feature “The Dish”.

To take advantage of this great opportunity to have your establishment featured in this special section in 2014, contact Linda Fiore: 239.690.9840 or resgestae@leebar.org

The Dish

Mad Fresh Bistro is full of rubberneckers! Don’t they know it’s not polite to stare? Nope. There are no such conventions here, where most everyone is a regular and most everyone knows – well, everyone! Whether seated at one of the funky, worn-out green diner booths (which are crammed into the room so that the bathroom door opens only halfway, and one feels compelled to apologize to the people at that table), or at the coveted counter stools overlooking the vast open kitchen, it’s positively de rigeur to gawk at one’s neighbor’s food as it arrives.

And who could be blamed? In contrast to the somewhat nondescript premises, the plates are gorgeous – and huge.

Brimming with perfectly braised short ribs, multi-splendored charcuterie, salads piled high in a carnival of colors. Tartins, open-faced sandwiches, certainly have nothing to hide, slathered with marinated grilled vegetables and balsamic reduction…

Chef-owner Xavier Duclos said, “I just like to make good food.” The large kitchen-to-dining room ratio should serve as evidence of that. If you need proof, do as my companion did on a recent visit, and order up a Spaniard burger with nutty Manchego cheese and copious shavings of Serrano ham. The generous portion of meat was fall-apart tender, cooked so it retained a goodly amount of cow-ness and served on a big-asyour-face bun of fluffy brioche. If the roasted red pepper aioli runs down your arm, you’re doing it right. The onlookers will appreciate how you just get into that thing!

Duclos arrived in America from France in 1987, and there are French accents in his food just as in his voice. Jettison any notions of over-buttered, white tablecloth pretense before you clamber through the glass door cut out from the window-lined storefront (yes, passersby are also free to look). Nobody here is thumping on their Escoffier Cook Book like a Bible. Fresh is the middle name of the place, and that’s what you’ll get: comforting brasserie dishes like steak frites, off-the-dock fresh halibut with merlot honey sauce or contemporary matchups of wild prawns and enormous scallops with roasted vegetables and lobster sauce. Maybe you won’t get any of that – the specials change based on the chef ’s whim, and based on what’s fresh.

The first name of the restaurant is Mad, and the second might as well be Rush, if only for the fact the place is usually packed. But there’s never a rush on your experience. Diners in the know occupy the counter seating first. Its allure? According to Duclos, “You get to see what we’re doing.” It’s rather like sitting with talented home cook friends in their admittedly well appointed kitchen and discovering their culinary secrets while enjoying a fine bottle of wine. He said people are sometimes shy

at first, but once they have that experience, they always want more. Families of four will even head straight for any open bar stools. Duclos maintains a slightly rabid base of regular fans, and it’s inevitable they’ll get to know each other. He said it’s like “Cheers” without the cameras, to which I would add: and with really great food being the main attraction.

The restaurant’s business model contains a few weed-out devices. There are certain people who simply are not Mad Fresh customers. The parking lot on the night of our visit is testament to that. Anyone seeking out a chain restaurant experience can opt instead for the nearby Outback. These are people who might be accustomed to asking for substitutions, salting their food at the table, asking for ketchup. Diners will note this pithy warning on the Mad Fresh menu: “Chef reserves the right to refuse service of ketchup to anyone over the age of 10!” If you want to test that, be my guest. Just please not while I’m sharing a table with you. You won’t need it. Not with the homemade tarragon aioli to dip those truffled fries into. It’s a respect thing. Cooking is an art form at Mad Fresh, and things are the way they are for a reason. And the reason is it’s delicious and amazing. You can be “Ketchup Guy;” I’ll be one of the roomful of grateful guests with roasted pepper aioli running down my arm.

Then I’ll be finishing off my evening with Nutella crème brulee, and you can’t have any of that, either. RG

Mad Fresh Bistro 12995 Cleveland Avenue, Fort Myers (239) 362-2363 madfreshbistro.com Tuesday – Thursday: 11 a.m. to 8 p.m.

Friday – Saturday: 11 a.m. to 9 p.m.

Catering and private dining room available

Sara Fitzpatrick Comito is publications editor for Conric PR & Marketing | Publishing, and associate editor of Res Gestae magazine.

She’s also a freelance writer and frequent contributor to the Naples Daily News and other publications. For suggestions or comments on this regular feature, contact Sara at Sara@ ConricHoldings.com.

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RES GESTAE | December 2013

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Catching Up With...

The Pro Bono Committee This year for Pro Bono Week, October 20-26, 2013, Florida Legal Services, Inc., The Florida Bar Foundation, the Florida Supreme Court’s One Campaign, The Florida Bar’s Standing Committee on Pro Bono Legal Services, the Florida Pro Bono Coordinators Association, the Florida Library Association, and the Division of Library and Information Services of the State of Florida came together to support the Florida Lawyers in Libraries program.

Pro Bono Committee Member Claudia Volk and Reference Librarian Sarah Brown participated in this year’s program at the East Lee County Regional Library in Lehigh Acres. Fifteen patrons and ten librarians viewed two live presentations about legal resources and ways to incorporate referral tools into digital library reference services. “Librarians are skilled in identifying authoritative information and services. Lawyers in Libraries is an ideal partnership between libraries and the Bar because our local libraries already provide information and referral services to the entire community,” said Volk.

The main goal of the Florida Lawyers in Libraries program is to have lawyers throughout the State of Florida volunteer their time in local libraries to educate librarians and patrons about the multitude of free, legal resources accessible online for monitoring, researching, and resolving legal issues.

The Pro Bono Committee would like to thank Rebecca Skinner, the new pro-bono coordinator for Florida Rural Legal Services, and Catherine Vaughn, the continuing education coordinator for the Lee County Library Administration for partnering with the Lee County Bar Association for this important project. rg

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The Florida Bar Foundation Provides Leadership and Funding for Justice As lawyers we share a commitment to justice. The Florida Bar Foundation, a 501(c)(3) public charity, turns that commitment into action through its funding of programs that provide access to justice for Floridians living in poverty. Through support of The Florida Bar Foundation, we can demonstrate our belief that the justice system works best when it works for everyone – regardless of his or her economic status.

Locally, The Florida Bar Foundation is a vital funding source for the Lee County Legal Aid Society, as well as the Florida Equal Justice Center and Florida Rural Legal Services, each of which serves a multi-county area that includes Lee. Through its Improvements in the Administration of Justice Grant Program, the Foundation also helps fund special projects and initiatives across the state such as the Innocence Project of Florida, which has succeeded in exonerating 14 wrongfully imprisoned Floridians using DNA evidence since 2003, as well as the Florida Law Related Education Association, which teaches Florida students about democracy and the American legal system.

If you visit the Foundation’s website at www. floridabarfoundation.org, you will undoubtedly be impressed with the number and diversity of the grantees assisted by the Foundation.

Since 1981, the primary source of funding for The Florida Bar Foundation has been Florida’s Interest on Trust Accounts (IOTA) Program, which has enabled the Foundation to provide about a third of the total funding for civil legal aid

organizations in Florida. Over the past 32 years, Florida’s IOTA Program has distributed more than $425 million to help hundreds of thousands of poor people receive critically needed free civil legal assistance throughout Florida.

The Foundation also funds initiatives such as salary supplementation and loan repayment programs that help attract and retain legal aid attorneys. The Lee County Legal Aid Society received a salary supplementation grant of $22,000 in 2012-13.

In recent years, due to the impact of extremely low bank interest rates on IOTA revenue, the Foundation has had to drastically reduce its grants. Whereas in 2010, the Lee County Legal Aid Society received a Foundation general support grant of $80,451 to provide legal services, in 2013 that grant amount was $36,605. Still, the Foundation provided a quarter of overall legal aid funding statewide in 2012.

I urge you to take a few minutes to learn more about The Florida Bar Foundation, an organization in which all of us, as Florida attorneys, can take tremendous pride, and one that brings critical resources back to our community.

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Legal Lens 1

2

2

3

3 4

5

6

6

Pro Bono Social Awards Luncheon Scene & Hump Day Pictures Happy Hour 1

7

7

8 9

Audrey Singleton, John Agnew, Claudia Volk, Kelly Fayer, Gloria Spradley, Christine Wright and Kathleen Oppenheimer Berkey around the Lynn Spradley Memorial Pro Bono Service Champions award

2 Mary Evans and Christine Wright

1

3 Che Diaz, Barbara Trescott and Barbara Cossu

2

4 Spencer Cordell and Linda Fiore

3 5 Janette Smith, Spencer Cordell, Caludia Volk and 4 Theresa Daniels

6 Guichard St. Surin, Shirlarian Williams and 5 Ron Buschbom

6

7 Kelly Fayer with Lynn’s mother, Gloria Spradley, alongside 7 the Lynn Spradley Pro Bono Service Champions award

9

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RES GESTAE | December 2013

8 8 Tom Chase and Cynthia Duff 9 Spencer Cordell, Kim Bocelli, Shannon Puopolo, John 9 Miller and Rachelle Hellams run the bake sale table

Legal Lens 1

2

3 4

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Judge Lundy’s Buckingham BBQ

3 5

5

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1 Stephen Maher, Tom Smoot III, Hon. Hugh D. Hayes 2 Judge Lundy places some of his delicious ribs on a plate 3 Hon. Joseph Fuller, Mike Maxwell and Kim Patrick Hart of the “In Recess” band, provided great music 4 CONRIC Publishing’s Sara Fitzpatrick Comito and her husband John Comito 5 Suzanne Boy and John Agnew 6 Aaron O’Brien and Carlos Kelly 7 Nanci DuBois, Hon. Josephine Gagliardi, Susan Galbraith, and Diane Simons, Esq., Managing Partner of CAL | Community Associations Lawyers All photos courtesy of Kat Godina and Connie Ramos-Williams

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On the Bench Hon. Bruce Kyle “You either love it immediately, or you don’t,” said Judge Bruce Kyle about being in the courtroom. He realized he belonged in the former camp when he was a Certified Legal Intern at the Broward SAO, and was allowed to actually try cases in his last year of law school. His long tenure as a prosecutor confirmed it in his mind. “You have to like getting up in front of people and talking,” he explained, while acknowledging public speaking as the number-one phobia in America.

The judge was born and raised in Fort Myers and said he always had an appreciation for the community and wanted to give back. He didn’t necessarily think it would be as a judge. In fact, he served as Florida State Representative representing Lee County from 1998 right up until his election to the bench in 2006.

“Having served in two branches has given me a new respect for both.” He indicated the communication between the legislative and judicial branches often doesn’t flow optimally, adding it’s always interesting to note: “The way a law is conceptually drafted isn’t always the way it plays out.”

A love for the law and a devotion to education were strong threads in the judge’s family culture.

In addition to his brother, the Honorable Keith Kyle, also a Lee Circuit judge, another brother is a lieutenant in the Lee County Sherriff’s Office and another a lawyer practicing locally. Their father, himself a doctor, often said, “There’s always enough money for books.”

Judge Kyle characterized his job as “fascinating,” and said there’s nothing like being a spectator when two excellent attorneys come up against each other in the courtroom. He said the lawyers in the 20th Circuit are top-notch and always well prepared, and he gets new and exciting things brought to him every day.

The major challenge is the job can be draining emotionally. “You have to separate your feelings from what’s in front of you,” he said, simply. “You have to follow the law.” A sense of humor is also a valued asset to the judge.

When not on the bench, Judge Kyle enjoys spending time with his three kids, walking the golf course with his two boys or watching his daughter play tennis.

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From the Bar Shannon Puopolo, Esq. Incoming Young Lawyers Division President Shannon Puopolo views that organization as a crucial support network. A commercial litigation attorney at Henderson Franklin, Puopolo has personally gotten plenty of support along the way. “My parents have always been very supportive of me and encouraged me to pursue a career in law. To this day, I turn to them for advice and guidance when needed.”

She also can unfailingly count on her husband, who once played the role of judge when she recited her appellate argument in front of him in preparation for moot court competitions in law school. “My husband is a golf pro with no legal background, so I was always impressed with the tough questions he would come up with.”

YLD members help each other in a way that only peers in the trenches can, according to Puopolo, “from offering advice about cases or work/life balance, to referring cases to other YLD members.”

Work/life balance must remain a priority when dealing with such complicated and sometimes emotional cases as foreclosures. “In one such case, I was representing the lender and the homeowner was elderly and had lived in the home for many years. We were able to resolve the case in a way that benefitted my client and allowed the homeowner to remain in the home.”

Puopolo was born and raised in Bonita Springs, but attended college in St. Louis. “While I enjoyed the experience of living in a new city, I realized that Southwest Florida will always be my home. My family is here, and I love being able to go for a run outside, regardless of the time of year.”

While the weather is conducive to her long-distance running and triathlon training, she really enjoys the YLD’s focus on community service efforts for children. These include fundraising for the Holidays in January event to provide a holiday experience for children in foster care and presenting a grant proposal at the Florida Bar Affiliate Outreach Conference in January to benefit Voices for Kids.

Maybe some of the kids reached by the YLD’s efforts will be inspired by a field trip to Tallahassee, just as she was, and go on to intern on Capitol Hill before returning home to pay it forward.

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Legal Briefs Goldberg moderates Judicial Forum Local personal injury and criminal defense attorney Scot D. Goldberg served as the moderator of the Judicial Forum, a continuing education seminar for lawyers presented by The National Business Institute, (NBI).

The all-day Forum, titled What Civil Court Judges Want You to Know, was held at the Crowne Plaza Hotel in the Bell Tower in November. Six county and circuit court judges from Lee and Collier Counties served on the panel – Judge Lauren L. Brodie, Judge Leigh Frizzell Hayes, Judge Josephine Gagliardi, Judge Hugh D. Hayes, Judge Michael T. McHugh and Judge Cynthia A. Pivacek.

The curriculum covered topics like effective discovery practices, case management and pre-trial conferences, trial practice tips, legal ethics and more.

Goldberg is a founding partner of Goldberg, Racila, D’Alessandro & Noone, LLC.

Dryden receives new board certification Thomas M Dryden has received The Florida Bar Board Certified Specialist designation in Business Litigation. Dryden has also been certified by the Florida Bar in Real Estate since 1996.

Established in 1982, Florida Supreme Court Board Certification helps consumers identify specialists in various areas of law by recognizing attorneys with special knowledge, skills and proficiency as well as professionalism and ethics in the practice of law. It is the highest level of evaluation by the Florida Bar. Dryden has been practicing law in the Southwest Florida area for over 30 years. His practice at the office of Thomas M. Dryden, P.L focuses on the areas of real estate, construction, association, probate, business, transactions and litigation.

4280 CLEVELAND AVENUE, FORT MYERS, FL 33901 | 2392770005 | www.GARVINLEGAL.com 32

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Legal Briefs Fitzenhagen named to 2013 Power Women Florida State Representative Heather Fitzenhagen, a partner at the law firm of Goede, Adamczyk & DeBoest, PLLC, was featured in Florida Weekly’s 2013 Power Women. This distinction recognizes women who strive for professional success and aim to make a difference in the Southwest Florida community.

“We are extremely proud of our law partner, Heather Fitzenhagen, and her continued success and recognition in the community,” says Managing Partner John C. Goede.

Florida Weekly’s “Power Women” recognizes influential female leaders in the Southwest Florida community. This year’s edition honored 15 notable local leaders from diverse backgrounds who have found success both professionally and civically.

“It is an honor to be mentioned alongside such an inspirational and prominent group of women,” said Fitzenhagen. “As a mother, local business woman, and vested resident of Southwest Florida, it is my privilege to serve for the betterment of our community.”

Lee Clerk receives finance award The Lee County Clerk of Court’s Finance Department has received its 28th consecutive Certificate of Achievement for Excellence in Financial Reporting award for the comprehensive annual financial report (CAFR). The CAFR are the audited financial statements for Lee County that includes the Board of County Commissioners, Clerk of Courts, Property Appraiser, Sheriff, Supervisor of Elections and Tax Collector offices.

The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

Clerk of Court Linda Doggett sad, “It is great that Terry Mallow and her Finance team are recognized for the great work they do! It takes a team of very accomplished and very knowledgeable professionals working hard every day to make this happen.”

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Legal Briefs VFK celebrates 30 years, announces signature event Voices for Kids of Southwest Florida, Inc. is celebrating 30 years of support for the Guardian ad Litem Program and the abused, neglected and abandoned children in Southwest Florida. Sponsorships for its annual fundraising event, Make the Night Bright, are now available. The event will be held in Lee, Collier and Charlotte Counties.

Each night will be unique and will include heavy hors d’hoevres, tastings, silent & live auctions, cash bar, fun activities and much more.

In Lee County, Make the Night Bright will be held on Saturday, March 1 from 6 – 8:30 p.m. at the Southwest Florida Museum of History. The Collier County event will be February 22, 2014 from 6 – 8:30 p.m. at the Naples Depot Museum. The event will be held in Charlotte County on Jan. 10 from 5:30 – 8 p.m. at the Muscle Car City Museum in Punta Gorda.

For sponsorship information, details or tickets, please call 239-533-1435, visit www.voicesforkids.org or emaildarlene@voicesforkids.org.

Seewald appointed Chair of IP Law Certification Committee Jeanne L. Seewald, managing partner of the Southwest Florida offices of Hahn Loeser & Parks LLP, has been appointed by the president of The Florida Bar to serve as chair of the Intellectual Property (IP) Law Certification Committee. The IP Law Certification Committee is responsible for vetting applicants for IP board certification and preparing the certification exam. Seewald, who in 2007 was among the first attorneys in Florida to become board certified in IP law, remains one of only 132 attorneys in the state who hold that designation of the more than 96,000 licensed attorneys in Florida.

She previously served as chair of the Intellectual Property Law Committee of the Business Law Section of The Florida Bar. She works with businesses in the areas of trademark and copyright registration, trademark dispute resolution, and trademark, patent and technology licensing. Seewalk co-chairs Hahn Loeser’s Corporate Transactions Group, where she also provides legal counsel related to general business matters and mergers and acquisitions.

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6720 Winkler Road · Fort Myers, FL 33919 · www.KuhnLegal.com 34

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Legal Briefs Pritt presents public records laws training Roetzel & Andress partner Robert D. Pritt recently conducted a seminar for more than 100 attendees on Florida’s Government-in-the-Sunshine Law and Public Records Law. Elected officials, staff and volunteers received instruction on the complexities and nuances of both laws, with an eye toward maintaining transparency in government actions.

Sponsored by the ManaSota League of Cities, the City of Sarasota and the John Scott Dailey Florida Institute of Government at the University of South Florida, the seminar was, “well attended with Mr. Pritt providing a very thorough approach to public records and sunshine laws,” said ManaSota League of cities President Jack Duncan. “The presentation was timely, illuminating, and well-received by all attendees with ample time provided for questions.”

A partner at Roetzel’s Fort Myers and Naples offices, Pritt focuses his practice in the areas of local government, land use and real estate law.

Henderson Franklin receives top tier honors U.S. News & World Report and Best Lawyers in America have announced the 2014 “Best Law Firms” rankings. Henderson Franklin has received eight top tier 1 rankings for the Fort Myers metropolitan area in: Commercial Litigation, Family Law, Land Use and Zoning Law, Litigation – Real Estate, Personal Injury Litigation – Defendants, Real Estate Law, Tax Law, and Trust & Estates Law. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, professionalism and integrity. Firms included in the list are recognized for professional excellence with persistently impressive ratings from clients and peers.

To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the US. More than 12,000 attorneys provided more than 330,000 law firm assessments, and almost 7,000 clients provided close to 20,000 evaluations.

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December 2013 | RES GESTAE

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Legal Briefs Pleimling joins Aloia, Roland & Lubell Andrea S. Pleimling has joined Aloia, Roland & Lubell, LLP as an associate attorney.

Pleimling is qualified to practice law in all state courts in Florida and Wisconsin, as well as the U.S. District Court for the Middle District of Florida. Previously, she practiced law for several years in the Fort Myers office of a large firm.

“We are happy to welcome Andrea to the firm,” said Frank Aloia, managing partner. Her experience and dedication in assisting clients is a welcome addition to our legal team.”

Pleimling has experience litigating a variety of matters and specializes in general liability, civil litigation, commercial law and real estate. She was a Merit Scholar at Marquette University Law School and is a member of the Calusa Inns of Court and the Lee County Association for Women Lawyers.

Kunkel Miller & Hament attorneys speak at city clerks conference

John M. Hament, Jennifer Fowler-Hermes and Nikhil N. Joshi were guest speakers at the Florida Association of City Clerks annual conference on October 10. They presented on “How to Conduct Successful Performance Evaluations.” The three are attorneys at Kunkel Miller & Hament, a labor and employment law firm with a state-wide practice representing employers.

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RES GESTAE | December 2013

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Congratulations to the Members of the Lee County Bar Association’s

100 Club

Sheba R. Abraham Goldberg, Racila, D’Alessandro & Noone Zachary A.Franklin GrayRobinson Robert E. Keezel

Jonathan Martin State Attorney’s Office Twentieth Judicial Circuit Darcie Ayers Owens Darcie A. Owens, Attorney at Law Kayla E. Richmond Henderson Franklin Starnes & Holt, PA

Aloia Roland & Lubell, LLP

Joseph R. Gaeta, P.A.

Arend & Sisk, P.A.

The Law Offices of Kevin F. Jursinski, P.A.

Bonita Springs City Attorney’s Office

Knott Ebelini Hart

Costello Royston & Wicker, P.A.

Kuhn Law Firm, PA Kushner & Kushner

Boyle Gentile Leonard & Crockett P.A.

Lee County Legal Aid Society, Inc.

Bruno & Prado, PLLC

McQuagge Law Firm

Burandt, Adamski & Feichthaler, P.L.

North Law Firm, P.A.

Calvo & Calvo

O’Halloran & O’Halloran, Attorneys at Law

Coleman & Coleman

Osterhout & McKinney, P.A.

Engvalson & Associates, P.A.

Parvey & Frankel

Fort Myers City Attorney’s Office

Prather and Swank, P.A.

Fowler White Boggs, P.A.

Pavese Law Firm

Announcing the Addition of

Freidin • Dobrinsky

Rhodes Tucker

Annette Giardina Haber

Fried & Fried, P.A.

Rubinstein & Holz, P.A.

Garvin Law Firm

Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.

Robert E. Keezel Attorney at Law

to the law firm of Warchol, Merchant & Rollings, LLP

For over 7 years Ms. Haber concentrated her practice on assisting property owners in Loss Mitigation Options such as Modifications, Short Sales, Deeds in Lieu of Foreclosure and Foreclosure Settlements. She also assists clients in matters concerning Real Property Law, Residential and Commercial Closings, Title Insurance, Residential and Commercial Lending, and Business Law.

Geraghty, Dougherty, Edwards, P.A. Goldberg, Racila, D’Alessandro & Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

AGHaber@WMRLawOffice.com

www.WMRLawOffice.com 1633 SE 47th Terrace | Cape Coral, FL 33904

Steinberg & Linn, P.A. Strayhorn and Persons, P.L. Toll Law

Webb & Scarmozzino, P.A.

Grossman Law & Conflict Management

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

Spivey Law Firm, Personal Injury Attorneys PA

Viles & Beckman, LLC

Green, Schoenfeld & Kyle, LLP

Hahn Loeser & Parks LLP

239.542.0700

Patrone & Kemp, PA

Weldon & Rothman, P.L. The Wilbur Smith Law Firm, PLLC Yeslow & Koeppel, P.A.

Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.

December 2013 | RES GESTAE

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Calendar of Events Dec 4 Dec 6

Executive Council Meeting Mary Evans’ Office 5:15pm

Young Lawyers Division Lunch Meeting French Connection Noon

Holiday Party

Mary Evans’ Office 5-7pm Sponsors: CopyLady, Merit Court Reporting

Dec 13

Membership Committee Meeting

Henderson Franklin Conference Room 1 Noon

RPPTL Practice Section Lunch Noon

Dec 19 Dec 24

Family Law Section Brown Bag Lunch & 3rd Thursday Social HOLIDAY PARTY

A Look Ahead to 2014 MEMBERSHIP MEETINGS 1-Hour CLE credit programs currently being set within these meetings January 17 February 21 March 21 April- No meeting

May 2 June- No meeting July- No meeting August 15

SOCIALS Locations to be announced.

March (date TBA) - In the works: BAR AT THE BALLPARK event!

Tailgate with us at Spring Training.

June 4 - Summer Fun Theme

TBA

Sept. 3 – The Finer Things Vendor Expo

LCBA Office Closed through Jan 1

Dec. 3 – Holiday Party

Please plan to join us this year!

Friday, December 6th from 5-7pm for our annual Holiday Party at The Law Offices of Mary Evans River View Place, 2180 West First Street, Suite 100, Fort Myers, FL 33901

September 19 October 17 November- No meeting December 19

Executive Council Meetings January 22 February 26 March 26 April 23

May 28 June 25 July 23 August 27

September 24 October 22 November 19 December 17

Special Events Mock Trial: February 7 & 8 – Lee County February 28 & March 1 – 20th Circuit Bench/Bar Gala: April 19 at Harborside Law in the Mall: April 26 Constitution Week Speakers in the Schools: September 15 – 19 Bench/Bar BBQ: November 8 Charity Golf Tournament: Benefitting P.A.C.E. Center for Girls May 17 – Location TBA The Florida Bar Voluntary Bar Leaders Conference in Lee County July 11 & 12 – Hyatt Regency Coconut Point, Bonita Springs, FL

Practice Section Committee Meetings Young Lawyers Division Meetings First Fridays, Noon at French Connection Practice Section Meetings Appellate Law: Quarterly Meetings TBA, starting in Spring Alternative Dispute Resolution Law: TBA Criminal Law: TBA Family Law: Third Thursdays, Noon in Courtroom 5C, 5th FL Exceptions: no meeting July & August 2nd Thursday in December at noon - Holiday Party, location TBA General Civil & Business Litigation Law: TBA Land Use & Governmental Law: TBA Real Property, Probate & Trust Law: TBA Tort Litigation Law: TBA

38

RES GESTAE | December 2013

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