Res Gestae - December 2019

DECEMBER 2019

'TIS THE SEASON OF GIVING

Members step up to help those in need

JUDGE BRANNING IS IN THE KITCHEN Lactation Room Coming to Lee Justice Complex THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

CONTENTS

features

AD DIRECTORY

22 LCBA members offer their gifts to the community

by Tom Hayden

On the cover: Original composite by April Bordeaux.

departments 6

Letter from the President

8

Letter from the Executive Director

by John Webb, Esq.

by Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

14 Practice Section

22 38

5 Things You Don't Know About Me

by Jonathan Huffman, Esq.

40 Legal Lens

LCBA Foundation Wine Tasting Social

42

In The News

Elder Law

by Blake Hampton, Esq.

16 YLD Spotlight

by Nicole Brunswick, Esq.

18 Legal Lens

Bench Bar Gala - Pearl & Lily Jubilee

20 From the Editor-in-Law

Lactation room comes to Lee County Justice Complex

by Tiffany Pereira, Esq.

26 Guest Attorney Column

18

Come on judge, you should know the law

by Christopher D. Donovan, Esq.

30 The Dish

Judge Branning's Peppermint Bark

by Honorable Robert Branning

32 Legal Lens

Pro Bono Luncheon

34 Advertiser's Spotlight

Morgan & Morgan

36

5 Things You Don't Know About Me

4

by Honorable J. Frank Porter RES GESTAE

âš– December 2019

Boy, Agnew, Potanovic 13 Business Observer 13 Calvo & Calvo Attorneys at Law 13 CONRIC PR & Marketing 36 CopyLady IFC DeMine Immigration Law Firm 25 Denise Kennedy 11 Direct Impressions 41 Donna Tisch 17 Downtown Social House 9 Edison National Bank BC Florida Spine & Joint Institute 17 Fort Myers Court Reporting 25 Garvin Law Firm 38 Greenwire Technology Solutions 39 Henderson, Franklin, Starnes & Holt, P.A. 31 Hurtado Immigration Law Firm IBC Kelleher Firm 15 Law Firm of Scott T. Moorey 42 Law Offices of Dennis L. Webb 39 Leonard P. Reina 37 Leslea Ellis, LLC 33 Livingston Loeffler, P.A. 39 Markham Norton Mosteller Wright & Company PA 21 McHale, P.A. 37 Men's Rights Law Firm 35 Merit Court Reporting, Inc. 28 Morgan & Morgan 7 Musca Law Office, Inc. 3 NAVTECH USSA MARINE SURVEYOR 31 REAS, Real Estate Advisory Services, LLC 11 Roetzel & Andress 41 Sexto Productions 29 Sheldon E. Finman, P.A. 33 Simon Harrison 41 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 35 Steve Niehaus, Edison Business Advisors 29 Stockman Mediation 15 The North Law Firm, P.A. 11 Total QuickBooks Solutions 21 Veranda Restaurant 15 Von Ahn & Associates 37 Wright Mediation 25

Our advertisers support the LCBA.

30

Please do your best to support them!

LETTER FROM THE PRESIDENT In reflecting upon my year as president of this venerable organization, I look back at three primary goals set forth in January of this year: Increased professional engagement and collaboration between our members.

More comprehensive activities aimed at pro bono and community service initiatives.

Enhanced educational opportunities.

Drawing from the many suggestions presented by our members, the Lee County Bar Association expanded the scope of our events to include a variety of family-friendly socials, such as bowling, board and brush and a night at the ballpark with the Fort Myers Miracle, to supplement our traditional activities. We also enjoyed the honor of hosting two sitting Florida Bar presidents during their terms: Michelle Suskauer, who was a featured speaker at the Diversity & Inclusion Committee’s Workshop and Luncheon in June, and John Stewart, who addressed our membership at the 30th Annual Bench Bar Gala in November.

With a purpose of educating and bringing awareness to our members of the mental and physical health issues that affect attorneys within our community, the LCBA established a Health & Wellness Committee this year. The committee had numerous events and workshops, including our first Health & Wellness Workshop & Luncheon and the inaugural “Downtown Dash,” in which 175 participants completed a one-mile course through downtown Fort Myers.

The LCBA’s pro bono committee made great strides, experiencing increased involvement from our members and advancement in providing more effective services to our community. We continued to cultivate our community involvement through our Law in the Mall event, the high school Mock Trial Competition and Constitution Law Day for middle schools. We made a significant investment in supplementing the LCBA office’s CLE library, as well as enhancing our Lawyer Referral Service system.

It has been a tremendous honor and privilege to serve as the 69th president of this great organization. I am grateful for your confidence and support.

John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362

6

RES GESTAE

⚖ December 2019

LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director - Lauren Baugh Lawyer Referral Service Coordinator - Kheila Perez

EXECUTIVE COUNCIL PRESIDENT John Webb, Esq.

SECRETARY Tiffany Pereira, Esq.

VICE PRESIDENT Matt Roepstorff, Esq.

TREASURER Blake Hampton, Esq.

BOARD MEMBERS

Kathy Smith, Esq.

Peter Knize, Esq.

Spencer Cordell, Esq.

Michael-Anthony Pica, Esq.

PRESIDENT EMERITUS - Daniel J. Endrizal III, Esq. YLD PRESIDENT - Nicole Brunswick, Esq.

COMMITTEE CHAIRS

PRACTICE SECTION CHAIRS

BENCH-BAR GALA

ALTERNATIVE DISPUTE RESOLUTION

Danielle Butler, Esq. DIVERSITY AND INCLUSION

Ita Neymotin, Esq. and Kelly L. Fayer, Esq. HEALTH AND WELLNESS

John Miller, Esq. and Joel Hyatt, Esq. HISTORY

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

Amanda Bartley, Esq. and Kelly L. Fayer, Esq. LAW RELATED EDUCATION

T. Rankin Terry, Esq. LAW WEEK

Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT

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

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

Andrew Banyai, Esq., Blair DeMinico, Esq. and Shanthy Balachanthiran, Esq.

Anne Dalton, Esq. and Bill Merchant, Esq. APPELLATE LAW

Alex Brockmeyer, Esq. and Matthew Irwin, Esq. CRIMINAL LAW

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

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

Magistrate Gilberto Perez and Kati Calvo, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

George Knott, Esq. and Carlos Kelly, Esq. LAND USE AND GOVERNMENTAL LAW

Erica Woods, Esq. and Sarah Spector, Esq. REAL PROPERTY, PROBATE & TRUST LAW

Kenneth Kemp, Esq. and Jennifer Hammond, Esq. SOLO & SMALL FIRM

Conor Foley, Esq. TORT LITIGATION

Preston John (PJ) Scheiner, Esq.

ARE YOU GETTING PAID FOR YOUR BUSINESS LITIGATION REFERRALS? Not all skilled business litigators charge clients by the hour.

When we get a recovery fee for your client you will receive compensation.

Contact us today to discuss your client’s case: 888.485.8117 or BTG@ForThePeople.com | BusinessTrialGroup.com Accountant and Legal Malpractice | Contract Litigation | Construction Litigation | Employee Disputes | Intellectual Property Investment Losses & Fraud | Real Estate Litigation | Shareholder & Partnership Litigation | Trust & Estate Litigation

LETTER FROM THE EXECUTIVE DIRECTOR Each holiday season, it is part of my tradition to ring the bell for the Salvation Army at a Publix Supermarket.

I enjoy helping the community and bringing attention to the less fortunate. I also participate in the Perkins Restaurant & Bakery Giving Tree. I encourage the members of the Lee County Bar Association to join me and help those in need this holiday season.

What has impressed me so far this year is how the membership is so willing to do whatever I ask of them. They have been very generous and so welcoming to me, giving me advice on anything I need. They care about the bar and are motivated to help the bar be successful. I think our section chairs have done an awesome job in putting on all of the events this year.

Our 30th annual Bench Bar Gala “Pearl & Lily Jubilee” was truly amazing, and I want to say thank you to each one of you who were able to come out and help us celebrate this year. I would also like to thank our title sponsor, US Legal Support, for its generosity and continued support of the LCBA. And a special thank you to Danielle Butler for chairing the gala committee.

Thank you to our sponsors, listed on page 18, who are always so amazing and we love them. We have 2020 annual sponsor slots left, please let me know if you are interested in supporting your LCBA. I want to take a moment to thank a few others, including our advertisers, the LCBA Executive Council and president John Webb. It has been a wonderful year and I am looking forward to welcoming our new president Matthew Roepstorff and an amazing 2020 with new ideas and improvements.

This year has been amazing and continues in that direction. Stay tuned for upcoming events in the calendar in each month’s issue of Res Gestae or get a sneak peek by visiting our website LeeBar.org.

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

8

RES GESTAE

⚖ December 2019

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

239.334.0047 resgestae@leebar.org

Staff PUBLISHER

Connie Ramos-Williams | 239.690.9840

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Tom Hayden

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR Linda Fiore | 239.690.9840

FEATURE WRITER Tom Hayden

CONTRIBUTING WRITERS John Webb, Esq. Lauren Baugh Henry Lee Paul, Esq. Blake Hampton, Esq. Nicole Brunswick, Esq. Tiffany Pereira, Esq. Christopher D. Donovan, Esq. Hon. Robert Branning Hon. Amy Hawthorne Antonette Hornsby, Esq.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

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©2019 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.

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

December 2019 âš– RES GESTAE

9

CALENDAR OF EVENTS Dates of some practice section meetings have not been confirmed. Check leebar.org for details!

DECEMBER

12

LCBA YLD Holiday Party

5:30 p.m. SoHo Downtown. Drinks and light appetizers provided. RSVP to Nicole@ItsMyLegalRight.com.

12

LCBA Criminal Section Lunch Meeting

Noon–1 p.m. Twisted Vine Bistro, 2214 Bay Street, Fort Myers.

Register at LeeBar.org.

13

LCBA RPPTL Section Lunch Meeting

Noon-1:10 p.m. Featured speaker: Peter Knize on “Fiduciary Disclosure.”

Lee County Justice Center, 1700 Monroe St., Courtroom 5G, Fort Myers. Register at LeeBar.org.

19

LCBA Member Holiday Party

5-8 p.m. The Edison Restaurant, 3585 McGregor Blvd., Fort Myers.

Sponsored by The Kelleher Firm and CopyLady, Inc. Free to members.

Register at LeeBar.org.

25

Christmas Day

LCBA office & courts closed

JANUARY

1

New Years Day

LCBA office & courts closed

We wish you a happy holiday season and a peaceful and prosperous New Year! ~ LBCA Executive Council Visit us online at leebar.org to see more calendar items. You can conveniently RSVP for upcoming events.

Would you like to submit an event? Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2019

10

RES GESTAE

⚖ December 2019

Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials

Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip and Fall Accidents Negligent Security Cases Settlements

Maximum Referral Fees

Joe North has been helping clients with injury cases and death cases for 30 years.

TheNorthLawFirm.com

Attorney Joe North

MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:

>>

PERSONAL INJURY

>>

NURSING HOME

>>

INSURANCE DISPUTES

>>

CONTRACT DISPUTES

>>

CONSTRUCTION

>>

REAL PROPERTY

>>

MALPRACTICE

14241 Metro Parkway, Suite 200 Fort Myers

Court Appointed Receiver, Property Management and Specialty Oversight • • • • • • •

EXPERIENCE IN DEVELOPING STRATEGIES AND PATHWAYS TO RESOLUTION!

FULL TIME

DENISE H. KENNEDY, ESQ. CERTIFIED CIRCUIT-CIVIL MEDIATOR | QUALIFIED ARBITRATOR

Estates Divorces or Family Disputes Guardianships Bankruptcy Property Oversight and Supervision Foreclosure ‘Workouts’ Litigation Support

Excellent Experience working with Lenders, Attorneys and Court Supervised Assignments.

> > OVER 30 YEARS CIVIL LITIGATION EXPERIENCE REPRESENTING

PLAINTIFFS AND DEFENDANTS >> OVER 4000 MEDIATIONS AND ARBITRATIONS >> BOARD CERTIFIED IN CIVIL TRIAL LAW (1995) >> AVAILABLE THROUGHOUT 20TH AND 12TH JUDICIAL CIRCUITS

Kenneth P. Saundry, Jr.

WITH NO TRAVEL FEE

239.348.1114 Clients Actively Seeking Acquisition Properties

RealEstateAdvisoryServices.co 215 Caribbean Road, Naples, FL 34108-3408

December 2019 ⚖ RES GESTAE

11

ETHICALLY SPEAKING

BY HENRY LEE PAUL, ESQ.

NEW MEMBER BENEFIT AVAILABLE FOR TRUST ACCOUNTING

A

lthough the rules regulating trust accounts are relatively straight-forward, they are fraught with peril for the average practitioner. In my experience, as a former bar prosecutor, defense lawyer, and risk management consultant, non-compliance with trust accounting requirements is widespread.

All members of The Florida Bar should be mindful of how to reduce the risks of non-compliance. Violation of the trust accounting rules is perhaps the quickest way to risk the imposition of serious discipline. Although The Florida Bar does not require any mandatory CLE courses on trust accounting, it does offer many helpful resources.

On Sept. 23, The Florida Bar approved a new member benefit provider designed to assist members in maintaining compliance with trust accounting rules. “TrustBooks” is the new provider. The TrustBooks website explains it “offers built-in controls with workflows that prevent you from overspending a client’s balance, three-way trust reconciliations that are automatically generated with each reconciliation, electronic sign offs on your reconciliations and automatically-generated reports that meet Bar compliance requirements.”

Although I have not used the TrustBooks software, it has produced outstanding reviews. Unlike Quickbooks or Excel, the software is designed specifically for trust accounting compliance. The fact it has become The Florida Bar approved provider has intrinsic value for a practitioner. No software can eliminate user error, but in the event of a mistake, the use of The Florida Bar approved trust accounting software will go a long way towards establishing implementation of reasonable procedures and safeguards in an effort to be trust account compliant.

The Florida Bar does not make random audits, as do some state bars. However, whenever The Florida Bar receives

12

RES GESTAE

⚖ December 2019

a NSF notice, which banks are required to furnish, it will trigger review and will require an explanation of the issue. A large percentage of such notices are caused by bank error.

Although such an event may be easily explainable, it brings trust account practices into scrutiny. If the trust account is not compliant, it is usually obvious by the explanation and information required to be provided to The Florida Bar. Such non-compliance will usually result in an extensive and timeconsuming audit by The Florida Bar. A common mistake occurs when the ownership of all funds in the trust account is not known. This may occur for various reasons, such as uncashed checks or miscellaneous deposits that are not booked to a client or administrative ledger.

Every practitioner should be able to identify ownership of all funds in the trust account. Failure to have such an accounting is a sure way to an audit by The Florida Bar in the event of an NSF notice.

Another common mistake made by small practitioners is failure to prepare required monthly reconciliations and comparisons on a timely basis. Timely reconciliations is the best tool to quickly discover mistakes. The Florida Supreme Court and The Florida Bar consider failure to make timely reconciliations to be an aggravating factor when trust accounting mistakes go undiscovered for a lengthy period of time. If the reviews of TrustBooks are accurate, it will create the required monthly reconciliations and comparisons with little effort. ⚖

Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

Proactive Legal Solutions for Employers

Your business is our business.

Employment ■ Business ■ Government John Potanovic, Suzanne Boy, and John Agnew

We represent businesses in employment law matters – from hire to termination and everything in between. We provide legal counseling and training to help employers identify legal risks, and collaborate with them to create solutions that work for their workplaces, both private and public sector. While our goal is typically to help clients avoid claims and lawsuits, when litigation cannot be avoided, we are also experienced litigators prepared to defend our clients through trial and appeal.

bapfirm.com ■ 239.208.6500 4415 Metro Parkway, Suite 110 | Fort Myers, FL 33916

EXPERIENCED. CONFIDENT. AGGRESSIVE. Criminal & DUI Defense Family Law & Divorce Representation Meet your legal notice requirements with our broad coverage to publish in Lee, Collier, Charlotte, Sarasota, Manatee, Pinellas, Pasco, Hillsborough, Polk and Orange counties, or any combination of the ten.

NEED A PRICE ESTIMATE? Call 941-906-9386

Attorney Katheryn Calvo

Email: Legal@businessobserverfl.com

Board Certified in Criminal Trial

• Electronic invoicing and E-filing capabilities • Professional staff to assist you • Low competitive flat rates • Qualified legal status • Online verification

Attorney Jose Calvo Former Prosecutor

Se Habla Espanol

1534 Jackson Street • Fort Myers, FL 33901

businessobserverfl.com XNLV18142

239.332.5501 CalvoLaw.com

FLORIDA’S LEADING BUSINESS PUBLICATION

December 2019 ⚖ RES GESTAE

13

ELDER LAW

BY BLAKE HAMPTON, ESQ.

WHAT YOU NEED TO KNOW ABOUT USING DURABLE POWER OF ATTORNEY

A

durable power of attorney is a more than granting someone access to a bank account.

It is a delegation of authority to make legal and financial decisions on behalf of someone. Despite common misconception and a change in Florida law, it is still possible for an attorney-in-fact or agent to use an out-of-state and/ or a pre-October 2011 DPOA (709.2106(3), Florida Statutes, Validity of power of attorney).

The October 2011 law changes should not be interpreted as an absolute barrier. There is an exception for out-ofstate DPOAs that were validly executed under that state’s laws at the time of execution (Id). Florida DPOAs without enumerated powers after 2011 may still be valid, but may lack authority to exercise certain powers.

Having a validly executed durable power of attorney does not mean that an agent will have unfettered power (709.2114, Florida Statutes, Agent’s Duties). Each set of facts and circumstances is very different and may require legal counsel to assist the agent in effectively serving the principal.

PROVIDING THE DPOA TO THE BANK A problem often arises where an agent walks into the bank with a copy of a DPOA and the bank says, “that’s no good.” Unfortunately, the bank teller probably isn’t a Florida licensed lawyer and often times neither is the person in the bank’s legal department. Fortunately, Florida law provides a legal method for dealing with this situation.

Under Florida, a bank has four business days to accept or reject the DPOA in writing (709.2120(1), Florida Statutes, Rejecting power of attorney). A bank may not add additional requirements outside of Florida law, but may ask for an opinion letter from a Florida licensed attorney and an affidavit from the agent (Id, 709.2120(2)).

To reduce the chance of improper rejection, I recommend

14

RES GESTAE

⚖ December 2019

serving the DPOA on the Florida registered agent of the bank (assuming the bank does business in Florida), along with a “4 Day Notice regarding acceptance or rejection of the DPOA, a legal opinion on why the Florida DPOA is valid along with an Affidavit from the Agent.

IMPROPER REJECTION OF DPOA Should a bank improperly reject a DPOA, Florida law provides for the agent to file a Petition to Construe and Enforce Authority (709.2116, Florida Statutes, Judicial Relief; conflicts of interest). If successful, the bank will be on the hook for the agent’s attorney’s fees (Id).

DUTIES AND LIABILITIES AS AN AGENT An agent has many duties and significant liability (709.2114, Florida Statutes, Agent’s Duties). The agent must make decisions in the best interest of the principal (709.2114(1) (a)(3)). The agent should not interfere with the principal’s estate plan and have a good understanding of any testamentary documents or beneficiary designations executed by the principal (709.2114(1)(a)(4)).

I recommend every agent retain legal counsel in a similar manner to a personal representative. Legal counsel will better assist agents in carrying out their duties and reduce the possibility of fraud. ⚖

Blake Hampton is co-chair of LCBA elder law section, current treasurer and 2021 LCBA president. He was honored as Super Lawyer Rising Star two years in a row.

Experience Does Matter.

Over 75 years of combined experience

• • • • • • •

Auto Accidents Medical Malpractice Nursing Home Abuse Slip & Fall Claims Premises Liability Workers’ Compensation Product Liability

• • • • • • •

Class Actions Mass Torts Commercial Disputes Business Disputes Insurance Claims Deaf/Disability Rights + More

FRANK PIAZZA Representing Injured Workers for Over 25 Years

JIM KELLEHER Over 100 Trials to Verdict

RYAN KUHL Board Certified Civil Trial

Referral fees happily paid in accordance with Florida Bar rules.

1514 Broadway Suite 203 Ft. Myers, FL 33901 CALL

1100 Fifth Avenue South Suite 307 Naples, FL 34102

Martindale-Hubbell

833-JIMFORJUSTICE JIMFORJUSTICE.COM COMPLEX CONSTRUCTION CASES PRESENT SPECIAL CHALLENGES. Mediation Works

Available for all circuit civil matters with a special focus in construction litigation.

Available for court ordered nonbinding arbitration.

William E. Stockman, Esq.

Certified Circuit Civil Mediator since 2010 AV Preeminent rated by the bar and judiciary

To Schedule a Mediation, Contact Bill:

239.826.3701 Bill@StockmanMediation.com

StockmanMediation.com

December 2019 ⚖ RES GESTAE

15

YLD SPOTLIGHT

BY NICOLE R. BRUNSWICK, ESQ.

Another successful year for Young Lawyers Division

W

hat a wonderful year it has been for the Lee County Bar Association Young Lawyers Division.

We are looking forward to wrapping up the year with our holiday happy hour at 5:30 p.m. Dec. 12 at Social House.

Please come out and celebrate the conclusion of another successful year with us. We will be providing complimentary drinks and appetizers as a thank you to our members. For more information or to RSVP, check our Facebook page or you may email me at Nicole@itsmylegalright.com.

To recap some of this year’s events, we partnered with Child Care of Southwest Florida to provide books and read with local children in the community. We had our fourth annual Holidays in July and third annual Day at the Courthouse events. We hosted two extremely wellattended CLE luncheons. We volunteered to speak with Ave Maria law students regarding networking and professional development. Thank you to everyone who helped make this year such a great success!

Last month, we had our 2020 Lee County Bar Association Young Lawyers Division Executive Board elections. We

16

RES GESTAE

⚖ December 2019

have a great board lined up for 2020. The upcoming year is already off to a great start under the leadership of incoming president Tiffany Pereira. I know Tiffany and the incoming board members have many exciting things in store for the Lee YLD. Congratulations to the new executive board members and best of luck to you next year.

We are always interested in hearing from our members as to what they would like to see from the Lee YLD. If you have any ideas, suggestions or feedback, please feel free to contact me or Tiffany Pereira.

Additionally, it is not too late to get involved as there are many opportunities throughout the year. To become involved, be sure to check our Facebook and Instagram pages, or email Tiffany at tiffany@thepereiralawfirm.com to be added to our email list. ⚖ Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole earned her Juris Doctor from Stetson University College of Law. In addition to serving as president of the Lee YLD, Nicole serves on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.

DONNA TISCH ME D I AT I O N S • AR B IT R AT ION S

EXPERTS IN TREATING ORTHOPEDIC CONDITIONS AND INJURIES For 20 years, Florida Spine and Joint Institute has been treating patients with compassionate care. More than 100,000 patients have trusted our dedicated providers to help them return to the active lifestyle they deserve. Patients seeking relief can expect:

“We take an Active Role...

We Never Give Up!”

»

Multi-lingual staff members

»

Transportation to appointments

»

Extended hours

»

Online medical records

»

Same-day appointments

»

16 convenient locations across Florida

Full-Time

Certified Circuit Civil Mediator Qualified Arbitrator AV Rated Board Certified Civil Trial Lawyer (1998)

Serving Lee County - Tuesdays only Charlotte County - any day

Online Scheduling for Mediations and Arbitrations

6300 Corporate Court, Suite 102 Fort Myers, FL 33919

(888) 655-7473 or FSJI.com

DonnaTisch.com 239.826.3644

December 2019 ⚖ RES GESTAE

17

LEGAL LENS 30TH ANNUAL BENCH BAR GALA - PEARL & LILY JUBILEE

The 30th LCBA Bench Bar Gala on Nov. 16 at Sidney & Berne Davis Art Center in Fort Myers was a red carpet extravaganza mixed with great food, drink, live entertainment and wonderful conversation. Special thanks to our sponsors: Title sponsor: U.S. Legal Support Platinum sponsors: Henderson Franklin, Cole, Scott & Kissane, Law Offices of Dennis L. Webb, P.A., CONRIC PR & Marketing

1

2

Music Sponsor: Associates and Bruce L. Scheiner Gold Sponsors: Law Office of Michael M. Raheb, P.A., Sanibel Captiva Community Bank, Goldstein, Buckley, Cechman, Rice & Purtz, P.A., Total Quickbooks Solutions Silver Sponsor: CopyLady Bronze Sponsors: John Webb Legal Group, Pavese Law Firm

Photos courtesy of Jim Jett Photography

9

18

13 RES GESTAE

5

6

10

11

14 âš– December 2019

LEGAL LENS 30TH ANNUAL BENCH BAR GALA - PEARL & LILY JUBILEE

1. John Webb, Tiffany Pereira, Lauren Baugh, Travis Russell 2. Cheers! Colleagues share a toast.

3. Julie Ireland and colleagues have a photo moment.

4. Enjoying a night out at the gala.

5. Kyle Dudek, Bill Boltrek, Shannon Puopolo, Jarred Duke, Jacey Duke

3

4

6. Monique Lopez, Mag. Gilberto Perez 7. Matt Roepstorff, Ashley McGinly 8. Hon. Josephine Gagliardi, John Stewart 9. Richard Haberle and others share a nice moment.

10. Don and Linda Doggett 11. Jason King and Michelle Lawson King

7

12. Justin HalesHaley HalesHilda Flores-SextoAlain SextoJessica Sainz, Naelene & Dennis Webb, Laci Pletcher

8

13. Travis Russell, Tiffany Pereira, John Webb, John Stewart, Scott Atwood, Kristlyn Loson Atwood 14. Dustin Butler, Herbert Fried, Hon. J. Andrew Swett 15. Elizabeth Kremenchecker, Ita Neymotin 16. Matt Roepstorff, Lauren Baugh, Scott Atwood, John Webb

12

15

For more pics, check out the gallery at LeeBar.org

16

Photo credit: Jim Jett Photography December 2019 âš– RES GESTAE

19

FROM THE EDITOR-IN-LAW

BY TIFFANY PEREIRA, ESQ.

Lactation Room Comes to Lee County justice complex

I

t is no secret that mothers who are attorneys tend to take less time away from work than mothers in other professions when they have a baby. In a time where Florida is considering a Parental Leave Rule, it only makes sense that a push for other initiatives such as lactation rooms is on the rise.

According to the Florida Association for Women Lawyers, there are currently lactation rooms in various courthouses across 19 counties in Florida – including Lee. New mothers will now have a private, designated space to pump at the Lee County Justice Complex. Furnished by the county, the room contains a comfortable chair, refrigerator, lockers, small desk, calming lamp and more. Currently, the room is open to officers of the court, including attorneys.

Depending on how much use the room gets, the possibility of a room open to the public for possibly jurors or other mothers in the courthouse, exists.

In order to access the room, located on the 5th floor, one must simply ask the security officers downstairs for the key.

Identification is needed, and there is an additional lock on the door to toggle from “vacant” to “occupied.” The room number is 5209.

The Fairness for Breastfeeding Mothers Act was signed into law in July 2019, requiring certain federal buildings such as courthouses to provide a lactation space. However, there is no legislation requiring county courthouses to provide this service. Fortunately, Lee County is ahead of the curve, joining Collier, Brevard, Broward, Miami-Dade, Sarasota, Orange, Alachua, and Pinellas to name a few.

As the Lee County representative for the Florida Association for Women Lawyers, I was excited at the prospect of helping establish one in our county. Little did I know, Chief Judge Michael McHugh had it under control. As it turns out, the need for a room such as this had been brought to Judge McHugh’s attention before, and he already reached out to the county to make it a reality.

LCBA Executive Director Lauren Baugh and I met with Judge McHugh and court administrator Scott Wilsker, who showed us the room. Now, the only thing left to do is get the word out the room exists and is ready for use.

“We are proud to accommodate our working mothers and

20

RES GESTAE

⚖ December 2019

hope this room provides a comfortable, private space so breastfeeding moms are able to continue to practice law after having a baby with reduced obstacles while at the courthouse,” McHugh said.

Please spread the word to your friends and colleagues.

Perhaps a mother needs to pump during trial or between hearings. Before now, they had no option other than to use a restroom or their vehicle. Thank you to Judge McHugh and the Lee County Court Administration, mothers now have a private space that is shielded from view and interruption from the public. ⚖

Allow Gail to put her experience to work for you.

Family Mediation Services Are you in need of a Family Mediator with 25+ years of experience? Gail Markham is a CPA and CERTIFIED FINANCIAL PLANNER™, and has been certified as a Family Mediator by the Supreme Court of Florida since 1994. She has devoted her entire public accounting career to educating and advising clients about financial issues, whether as a trusted business adviser, qualified expert witness, or family mediator. Her experience in litigation matters and keen understanding for numbers translate into a unique ability to assist parties in exploring settlement alternatives and resolving disputes.

www.Markham-Norton.com 8961 Conference Drive, Suite 1 / Fort Myers, FL / 33919 5185 Castello Drive, Suite 4 / Naples, FL / 34103 (239) 433-5554

LEARN HOW WE CAN SAVE YOU TIME AND MONEY TO HELP YOUR PRACTICE GROW. • • • • • • • •

QuickBooks Product Selection QuickBooks Setup & Implementation Bookkeeping Onsite/Offsite - Monthly, Quarterly, Annually Trust Accounting Case Management Integration - Cloud/Desktop Payroll Discounted Rates We Work With Your Needs and Budget in Mind

OUR SOLUTIONS ARE TAILORED TO YOUR PRACTICE! O: 239.541.0097 • C:239.357.5595 TotalQuickbooksSolutions.com Carrie@TotalQuickbooksSolutions.com Carrie Kane, Owner/Operator

1342 Colonial Blvd., Suite D30 | Fort Myers, FL 33907 December 2019 ⚖ RES GESTAE

21

LCBA Mem

By Tom Hayden

Gifts To T

L

ee County Bar Association members are stepping up and opening their hearts to help those in need this holiday season. Whether it’s toy drives, fundraising or packing food, the generosity of area law firms is prevalent throughout the community.

Res Gestae contacted firms by phone, email and through the LCBA newsletter to learn of their holiday giving plans. The responses we received:

Dellutri Law Group

The firm is partnering with Toy s for Tots to “fill the bus” wit h new presents for families in need.

The firm is known for its large doubledecker bus, which resides in front of its Fort Myers office.

The goal each year is to fill the bus with pre sents. “Our office is jam packed with toys,” said Casey Byrus, marketing director. “This is a really big thing for us.”

It’s also ver y personal and the favorite charity each year for firm attorney David Lampley. He had a client who had filed for ban kruptcy.

One year, that person brough t in a new bike to be given to a child. The attorney told the man, “you can’t afford to donate a bike.”

The man said, “I can’t allow a kid to not hav e something on Christmas.”

“We have a big push every yea r. All of us bring in toys,” Byrus said. The community also is encourag ed to bring new, unwrapped toy s to the firm and put them in the bus. The toys will be delivered to Toys for Tots on Dec. 13 and they will be distrib uted to churches and hospitals .

Pavese Law Firm

meals ng pack 10,000 pi el h be l il w s d ving d frien eals of Hope gi M d Staff, family an an ay W ed ugh the Unit ited Way office on Dec. 14 thro meals at the Un e th g n ki ac p will be program. They yers. e 25 Drive in Fort M d we usually hav an e m ti g on Concourse n lo a doing this for resources and “We have been e firm’s human th , h as R la ei to the ” said Sh nity to give back tu or p people or more, op t ea gr ager. “It is a marketing man e six to food to provid community.” gh ou en s in ta n beans, g co include fortified s Each packed ba ce oi ch od fo well me of the ples oatmeal, as ap ed ic eight meals. So d d an r on suga cheese, cinnam macaroni and power . o inspire and em “t as pasta and rice is e op H of ization r Meals ger.” The organ n hu The mission fo d en to er Hope helps come togeth events, Meals of r Fo . ls ea communities to m g in acking nourish specializes in p n the event. ru d nteers an lu vo n ai tr , up set

22

RES GESTAE

⚖ December 2019

Goldberg Noone ABATE Toy Run 2018

mbers Offer Their The Community Henderson, Franklin, Starnes

& Holt, P.A.

Continuing to strengthen its focus on community projects, the firm will host its second hol 7 for Big Brothers Big Sisters iday party Dec. at the IMAG History & Scienc e Center in Fort Myers. Each Franklin staff votes on projec year, the Henderson ts it might want to engage in as an office. They have partici for Valerie’s House, Golisano pated in events Children’s Hospital and last yea r hosted an event at the Naple where members of the Naples s Senior Center Philharmonic played for reside nts. Firm attorney Michael Leh chair of the Suncoast chapter nert is board of Big Brothers Big Sisters, ma king this event a natural for the have presents for the children, office. They will as well as arts and crafts. Down town House of Pizza in Fort My slices and Smallcakes Cupcaker ers is donating y and Creamery in Fort Myers is donating cupcakes.

“Everybody gets involved,” sai d Gail Lamarche, director of marketing and business develo Members of the Henderson Fra pment. nklin team in Naples will also be packing meals as part of the Hope and Holidays About Hu Meals of nger program.

ubell & M Aloia, Roland, L

organ, PLLC

pped gifts ing new unwra d vi ro p ” s, ta n gram. omes “Secret Sa ive holiday pro at ec b er aff op o st C ’s y it rm n fi The the Commu avid Seitz, need through volved,” said D in ts ge d an for families in ee e tr lls a name off th ions in “Everybody pu ions. at er y & op l, seeking donat el og b ol y n ch rm te A n of io r at urse of directo g it over the co ringing the Salv n e oi b l d il e b w l il so w al e The office d Street. “W office on Secon ew n r ei th of t g 1,000 itz said. fron giving, providin Christmas,” Se ks to an p u Th g to in ad or le ri a week turkeys p s Without llected frozen d the “Holiday an e iv at er op The firm also co o yC the Communit dinners through am.

Hunger” progr

Goldberg Noone

The firm is collectin g toys for distribut ion to local children at a Dec. 21 event. It is coor dinated by Southw Florida SHIELD Fo est undation, a Lee Cou nty-based nonprofit organiza tion dedicated to tr affic and child safe New, unwrapped to ty. ys can be dropped at Goldberg Noone, 1533 Hendr y Street, Suite 200, in the Edison Theatre Building in downtown Fort M yers.

“It is a very rewardi ng feeling to help a child get a toy that they otherwise would not receive, and we’re always happy to help out where we can,” said Kelly Madden, marketing director December 2019 ⚖ RES GESTAE

23

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. For 13 years, the firm has collected toys for the U.S. Marine Corps Toys for Tots Fou ndation, which distributes them to less fortunate chil dren in the community.

During 2018, 10,960 children were supported with 38,090 toys distributed by Toys for Tot s in Lee County. In Naples, 28,425 toys were distributed, supporting 5,338 children.

The collection of toys and financial donations began Oct. 1 and continues until Dec. 15. Toy distribu tion takes place mid-to-late December by Lee County’s nonprofit organizations.

“Supporting organizations within our community is within the core of Goldstein, Buckley, Cechman, Ric e & Purtz, P.A. and Toys for Tots is an exemplary example of an organiz ation,” managing partner Chris Smith said. “It’s our privilege to be a part of the community, so we feel it’s important to give back.”

The firm invites the public to particip ate by bringing new, unwrapped toys for newborn children to age 12 to any of the six Goldstein, Buckley, Cechman, Rice & Purtz offices: For t Myers - Downtown and McGregor Blvd., Cape Coral, Naples, Lehigh Acr es, Port Charlotte. Monetary donations are being accepted at ToysFo rTots.org.

Associates and Bruce

L. Scheiner

who r two school children The firm will sponso ep D artment e Cape Coral Police will participate in th 14. The t,” on Saturday, Dec. en ev p Co a th wi p “Sho s are paired h 12th grade student kindergarten throug special day. rcement officer for a with a Cape law enfo to breakfast the child and they go up s ck pi r ce offi e Th p photo and per Target for a grou before traveling to Su child but shop not only for the en th ey Th . ng pi op lice sh ildren return to the po ch e Th . ily m fa ’s ild ch for the d and they e presents are wrappe department where th special visit ’s Southwest Grill. A oe M m fro h nc lu y jo en o is planned. from Santa Claus als forcement) the sacrifices (law en “The firm recognizes Scheiner t the community,” PJ ec ot pr lp he to e ad m has said.

24

RES GESTAE

⚖ December 2019

Photo above: Standing with a donation of toys from Goldstein, Buckley, Cechman, Rice & Purtz firm’s previous participation are, from right, J. Jeffrey Rice, Linda Downs, Carleen Menist and Lanna Servick.

Kelly Fayer, P.A. Fayer, Amanda Bartley and Ka rla Campos-Andersen organized the second #KindLee Turkey drive in honor of the late Miguel C. Fernandez III because “it will preserve the memory of a great man and fee d many families in need,” Fay er said. “Also, I wish to help peo ple with mental illness who are seeking employment with the assistance of Hope Clubhouse .”

Fayer is donating funds so Ho pe Clubhouse can give holida y gifts to the people it serves. Fay er’s generosity is driven by Bartley’s son, Trevor William Bartley, “who was the inspiratio n for #KindLee,” Fayer said. “Tr evor inspired so many to give, and his presence has made our community a better place.” ⚖

SWFL’S LARGEST INDEPENDENTLY OWNED COURT REPORTING FIRM Serving our Southwest Florida Legal Community in Fort Myers, Naples, Punta Gorda, Port Charlotte, Bradenton, Sarasota, and Venice NO FEES FOR: Scanned Exhibits PDF with Linked Exhibts

Electronic Delivery Condensed Transcripts and Word Indexes

Online Scheduling with 24/7 access to all repository files

FMReporting.com 239.334.1411 Scheduling@FMReporting.com 2180 west first street, suite 120 • fort myers, fl 33901

Approaching mediation with the experience of a litigator, the impartiality of a neutral, and the determination of an active problem solver.

Certified Circuit Civil Mediator

employment cases • business disputes • civil litigation

Board Certified in Labor and Employment Law

Conducts investigations of workplace issues/employee complaints and audits of workplace practices for businesses throughout the U.S. Experience with private and public entities.

239-312-3258

Jackie Burrell, RPR, FPR

Helping Your Clients Achieve Their American Dream

by Providing Comprehensive Services for All Areas of Immigration Law Family Based Visas • Business Based Visas Waivers and Unlawful Presence Removals and Deportations

DeMine Immigration Law Firm, P.A. 239.208.2680 info@demineimmigration.com 1625 Hendry Street, Suite 103 Fort Myers, FL 33901

WrightMediation.com Denise Wheeler Wright

Eligible to Practice Immigration Law Nationwide

Indera DeMine, Esq.

December 2019 ⚖ RES GESTAE

25

ATTORNEY GUEST COLUMN

BY CHRISTOPHER D. DONOVAN, ESQ.

COME ON JUDGE, YOU SHOULD KNOW THE LAW

T

hree recent appellate decisions — including two from the Second District — are reshaping the rule of preservation, especially when a judge’s error appears for the first time in the final order. While each decision arises in the family-law context, others should take note because this changing landscape could easily apply in other contexts.

The historical precedent The rule of preservation is simple. Appellate courts will only consider issues raised to and considered by the trial court. City of Orlando v.

Birmingham, 539 So.2d 1133, 1134 (Fla. 1989). If a party fails to raise a potential error to the trial court, then the appellate court will not consider it for the first time on appeal. Id. This rule exists out of basic fairness to the trial judge and

opposing counsel by giving them notice of a possible error so it can be corrected at the earliest stage of the proceeding. Id. Until recently, the rule’s only exception was fundamental error, which is

26

RES GESTAE

⚖ December 2019

“exceedingly rare” in civil cases. Coba v. Tricam Indus., Inc., 164 So. 3d 637, 646 (Fla. 2015).

Courts typically applied this rule to all potential errors, including those first appearing in the judge’s written decision. See, e.g., Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321, 324 (Fla. 1st DCA 2011). If a statute required trial judges to support a decision with written factual findings and they failed to do so, then historically the losing party had to file a motion for rehearing to preserve this issue.

See, e.g., D.T. v. Fla. Dep’t of Children and Families, 54 So. 3d 632, 633 (Fla. 1st DCA 2011); R.B. v.

Dep’t of Children and Families, 997 So. 2d 1216, 1218 (Fla. 5th DCA 2008).

A precedential sea change This clear precedent was changed recently by Fox v. Fox, 262 So. 3d 789, 791 (Fla. 4th DCA 2018) (en banc). The trial court had failed to include the required factual findings for permanent alimony, but the error was not preserved by a motion for rehearing. Receding from its own precedent and certifying conflict with its sister courts, the Fourth District held in a 7-5 decision that the error was reversible. Id. Despite agreeing the error was not fundamental, the Fourth District still reversed because “the rules do not require the filing of a motion [for rehearing], many dissolution appeals are pro se, and a family court judge should be aware of the statutory requirements in rendering a decision on alimony, equitable distribution, and child support.” Id. at 793.

According to the court, the rule of preservation was never intended “to allow a trial court to ignore statutory requirements of which it should be aware” and then allow error to

“evade review” simply because “someone forgot or failed to move for rehearing . . . .” Id. at 794. After all, “[c]ertainly, a judge sitting in family court should be cognizant of what findings are statutorily required in a final judgment . . . [and] [t]here should be no need to bring those requirements to the trial court’s attention.” Id.

district courts routinely decline to consider unpreserved errors in these contexts.

•

Fox’s reasoning that no procedural rule requires a rehearing to preserve the failure to make written findings could apply to every preservation issue in every civil matter because the rule of preservation is an unwritten common-law rule.

•

Engle’s statement that courts routinely reverse errors on an order’s face without indicating if it was preserved by rehearing is not surprising because courts do not need to discuss preservation if no one raises it. Even when raised, district courts routinely consider and reject appellate points without discussion — which is the cornerstone of the per curiam affirmance.

•

And Engle’s conclusion that mandating rehearing to preserve this issue “elevates judicial convenience over equity” is undoubtedly the conclusion of every litigant who has ever fallen victim to the rule of preservation.

The Second District agrees Seven months later, a Second District panel reached the same conclusion in Engle v. Engle, 277 So. 3d 697, 699 (Fla. 2d DCA 2019). The Court repeated Fox’s rationale: “ ‘[A] judge sitting in family court should be cognizant of what findings are statutorily required . . . .’ ” Id. at 703.

The Engle Court also questioned the need for seeking rehearing in family-law cases when courts in other contexts routinely reverse errors appearing on an order’s face without indicating whether the error was preserved through a motion for rehearing. Id. at 701.

Finally, Engle rejected the rationale from other district courts, which have said that requiring a rehearing makes it easier for trial courts to correct errors at the earliest stage, rather than waiting until the appellate processes’ completion. Id. at 702. Although Engle agreed that this may constitute a “best practice,” it concluded that failing to do so should not foreclose litigants from having the error corrected. Id. Imposing such a procedural constraint in the family-law context “elevates judicial convenience over equity.” Id. at 703.

A tension also exists between Fox and Engle’s exception and at least four well-established, common-law rules.

•

The Supreme Court has clearly established that district courts cannot consider unpreserved errors absent fundamental error. Castor v. State, 365 So. 2d 701, 703 (Fla. 1978).

•

Courts are confined to matters raised by the parties and must avoid deciding matters not advanced by them. See, e.g., Miami-Dade Cty. v. Omnipoint Holdings, Inc., 863 So. 2d 195, 200 (Fla. 2003); Marocco v. Brabec, No. 1D17-894, 2019 WL 1498321, at *3 (Fla. 1st DCA Apr. 5, 2019).

•

Courts must also avoid even the appearance of favoring one party by suggesting how to proceed strategically.

Shore Mariner Condo. Ass’n, Inc. v. Antonious, 722 So. 2d 247, 248 (Fla. 2d DCA 1998).

•

Pro se litigants are bound by the same rules applicable to attorneys — including the rule of preservation.

The Engle Court then certified conflict with the First, Third, and Fifth Districts.

A month later, a different Second District panel applied Engle in Allen v. Juul, 278 So. 3d 783, 785 (Fla. 2d DCA 2019). The Allen Court re-certified conflict and repeated the quote that “a judge sitting in family court should be cognizant of what findings are statutorily required . . . .” Id. at 785.

Analysis Although the Second and Fourth District had laudable goals in carving out this new exception to preservation, several concerns exist about their rationale, including: •

The decisions seem unduly harsh on what trial judges should or shouldn’t know. A new judge with no familylaw background assigned to family-law cases may be unaware of the statutory requirements unless raised by a litigant.

•

The conclusion that “a judge sitting in family court should be cognizant of what findings are statutorily required” could apply equally to judges in criminal court and the statutory sentencing guidelines or judges in civil court and the common law requiring written findings to support injunctions or, well, any judge sitting in any court and the rules of evidence and procedure. Yet,

To date, no one has petitioned the Florida Supreme Court to review Fox, Engle and Allen. It will be interesting to see how the Supreme Court resolves their express and direct conflict with other district courts and with its own strict adherence to the rule of preservation. It will also be interesting to see whether the Second and Fourth District will apply their new exception outside the family-law context, especially when their rationale could apply to undo virtually any preservation problem. ⚖ Christopher Donovan is an attorney with Roetzel & Andress law firm. He specializes in administrative, civil and civil trial litigation. The Naples resident is a graduate of the Stetson School of Law.

December 2019 ⚖ RES GESTAE

27

Lee County Bar Association's 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 Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Banker Lopez Gassler, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boy Agnew Potanovic, PLLC Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Buchanan Ingersoll & Rooney PC Calvo & Calvo Cody & Linde, PLLC Coleman & Coleman Cole Scott & Kissane, P.A., Bonita Springs Ofc. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Elder Law Firm of Beth A. Prather, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Garvin Law Firm

Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grant Fridkin Pearson GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Firm Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law Law Firm of Scott T. Moorey The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, P.A. Law Offices of Dennis L. Webb, P.A. Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group

McQuagge Law Firm Men’s Rights Law Firm The North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Patrone & Kemp, PA Pavese Law Firm Richard Johnston Law Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Strayhorn and Persons, P.L. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Yeslow & Koeppel, P.A.

If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

DON’T WAIT! SIX-DAY Transcript Delivery Serving Lee, Collier and Charlotte Counties

Depositions, Hearings and Trials · Courtsmart Transcription · Realtime · Interpreters Conference Rooms Available for Mediation · Free Wireless Access · Videographers Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts

MeritCourtReporting.net · 239.481.1300 Free parking at all locations Maryanne Wagner, RPR, FPR

28

RES GESTAE

South Fort Myers 6213 Presidential Court Suite 100 Fort Myers, FL 33919

⚖ December 2019

Downtown 2022 Hendry Street Suite 104 Fort Myers, FL 33901

Naples 1415 Panther Lane Suite 303 Naples, FL 34109

Debbie Cail, Office Manager

Is your client buying or selling a business?

We provide guidance and solutions for businesses business valuations ■ business sales ■ acquisition searches exit planning ■ growth strategies ■ mergers and acquisitions

Contact Edison Business Advisors 239.565.3171 Steve@EdisonBA.com

Steven G. Niehaus

Business Broker/Business Intermediary FL License # SL3338271

December 2019 ⚖ RES GESTAE

29

THE DISH

BY HON. ROBERT BRANNING

JUDGING BY THE INGREDIENTS, YOU’LL LOVE MY PEPPERMINT BARK

I

don’t think my family has a food tradition; if we do, it’s only that we try to pick a different culinary area every year. We’ve done seafood, Cajun fried, traditional, trash-can turkeys. You name it and I’ve burned it.

But, to paraphrase Terrance Mann in “‘Field of Dreams” … the one constant through all the years has been this peppermint bark ... the holidays have been erased like a blackboard, rebuilt, and erased again. But this bark has marked the time …. it reminds us of all that once was good and that could be again.

Peppermint bark is all that is good and it’s only three ingredients. For me, simple is better. Here is how I do it.

Ingredients for Branning (peppermint) bark 14 oz of Ghiradelli dark baking chocolate (melting wafers from Target) 14 oz of Ghiradelli white baking chocolate (melting wafers from Target) 3 candy canes, larger size

Directions Put the candy canes into a Ziploc bag and crush them with a rolling pin, hammer, your aunt’s favorite nutcracker soldier. You know, the one she gave you years ago that she loves but that secretly

30

RES GESTAE

⚖ December 2019

gives you nightmares like Pennywise the clown.

Then, find a 9x13 baking sheet. Cover it with parchment paper. Heat one inch of water in a saucepan over low heat until it’s steaming. Put ¾ cup of dark chocolate in a heatproof bowl, and set over the saucepan of steaming water (yes, this is a double boiler. I’m not fancy). DO NOT let the bowl touch the water. Stir until approximately one-third of the chocolate is melted.

Remove the bowl from the saucepan. Gradually stir the remaining chocolate into the bowl, a few pieces at a time, until it’s all melted. Wipe the condensation off the bottom of the bowl. Return the bowl to the saucepan 5-10 seconds at a time to help melt the remaining chocolate. This might take a few minutes. Resist the urge to stick your finger into the chocolate. It won’t end well.

When mixed, quickly pour the melted chocolate onto the baking dish and spread into an even layer. Tap the baking dish against the counter to remove air bubbles. Set aside and let it cool until almost set (approximately 10 minutes).

Repeat the process with the white chocolate and pour it on top of the dark (which should have become slightly more solid, but not quite cool).

Take the aforementioned crushed candy canes and liberally spread across the top of the white

A FULL-SERVICE LAW FIRM SINCE 1924

chocolate layer.

You might have to push the pieces into the chocolate to make sure they don’t fall off and kill the dog.

Let it cool, either on the counter or a refrigerator for about an hour.

Take the parchment paper out of the baking sheet and break the “bark” (née chocolate) into pieces. It’ll be therapeutic to relieve some of the anxiety you’re going to feel when you have to explain to your aunt about the nutcracker.

When it comes to mediation and arbitration, we understand.

Meet the Henderson Franklin attorneys ready to help:

Scott E. Atwood

C. Richard Mancini

Supreme Court Certified Circuit Civil Mediator

Supreme Court Certified Circuit Civil Mediator • FINRA Certified Arbitrator

Robert C. Shearman

G. Donald Thomson

Florida Bar Board Certified Civil Trial Lawyer • Supreme Court Certified Circuit Civil Mediator

Supreme Court Certified Circuit Civil Mediator

Then, enjoy. ⚖

Judge Robert Branning is a Lee County Circuit Judge for the 20th Judicial Circuit. Branning was named the 2019 The News-Press Trailblazer of the Year for introducing therapy dogs into his courtroom to help with children.

Dr. Virginia E. Harper • Expert Witness for Plaintiff and Defendant

Scott, Richard, Robert and Donald are Supreme Court Certified experts in negotiation and mediation, and are available to assist in matters of: • Business and Civil Litigation, including Personal Injury • Circuit Court Mediation • Construction Law Disputes • Corporate Partnership Disputes • Employment Law and Civil Rights Disputes

• Family Law Mediation • Financial Industry Regulatory Authority Arbitration • Real Estate, including Homeowner and Condominium Associations • Securities and Investment Dispute Mediation

• Maritime Litigation • Vessels Accidents Defects Survey Reviews Settlements • Analysis Opinions Communications

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Naples

Navtech USSA

1-800-245-4425 239-481-5150

Over 35 Years ©2019 Henderson Franklin Starnes & Holt, P.A.

December 2019 ⚖ RES GESTAE

31

LEGAL LENS PRO BONO LUNCHEON

The Pro Bono Awards Luncheon in October at the Sidney & Berne Davis Art Center in Fort Myers attracted attorneys, judges and many others to a special day of recognizing those who gave of their time to help those who otherwise could not afford to pay for legal help.

1

1. Michael-Anthony Pica, Hon. Lee Schreiber 2. Linda Doggett, Mag. Kimberly Davis Bocelli 3. Tiffany Pereira, Indera DeMine 4. Jim Kelleher, Christie Guinyard 5. Ethel Wells 6. Cynthia Duff, John Webb, Kelly L. Fayer 7. Hon. Amy Hawthorne, Theresa Daniels 8. Pro Bono honorees

2

For more pics, check out the gallery at LeeBar.org

3

4

1

5 6

7

8 Photos courtesy of Jim Jett Photography

32

RES GESTAE

âš– December 2019

1

s

l e a E

2

l

i

5

6

Certified Public Accountant

. c

s

3

4

8

l

o m

Does a Case Have You Puzzled?

ACROSS

w

7

1

Movement of a person to a foreign country for permanent residency

9 10

ď ­

Certified Fraud Examiner

Leslea Ellis, LLC

w w w . L e

11

4

A prosecutorial violation of withholding evidence

5

Latin for "legal right of a third party"

6

A condition or stipulation

8

To make a statement under oath

10 A type of law dealing with domestic relations

12

11 Legal representation without compensation

DOWN 2

A method of settling disputes outside of court

3

A trust created during a grantor's lifetime

7

The state of sound mental condition

9

A type of law dealing with senior adults

11 Latin for "through which, by which or whereby"

2 3 9

- 6 9

0 - 6 5

0 0

12 Scandalous, vile, detestable or disgraceful

The Legacy Continues Saving families, one at a time Sheldon E. Finman, P.A.

A respectful approach to divorce.

Client-centered, child-focused, problem-solving transition from marriage.

Divorce does not have to be a destructive process.

239-332-4543 RespectfulDivorces.com Julia L. Finman, Esq.

Sheldon E. Finman, Esq.

2134 McGregor Blvd., Fort Myers, Fl 33901 December 2019 âš– RES GESTAE

33

ADVERTISER'S SPOTLIGHT MORGAN & MORGAN

MORGAN & MORGAN MAKES CONTINGENCY FEES WORK

I

n 2009, Morgan & Morgan established the Business Trial Group to provide clients with first-rate business litigation attorneys on a contingency-fee basis, said William B. Lewis, a managing partner of the business trial group. Since then, the group has grown to 22 attorneys in cities throughout Florida, including Fort Myers.

At any time, the Business Trial Group is handling more than 150 cases in practice areas such as contract disputes, construction litigation, intellectual property, investment losses, professional malpractice, and probate, among others.

support. “Our law firm prides itself on our deep ties in our communities,” Lewis said. “Locally, we support numerous charities in Lee and Collier counties, including Toys for Tots, Make a Wish, Edison Junior Parade, Legal Aid, Harry Chapin Food Bank, Susan B. Komen Race for a Cure, and Pine Manor Families in Need, among others.”

The firm’s other charitable efforts include donating $2 million to the Second The majority of cases come from referrals from Harvest Food Bank of Central William B. Lewis, Managing Partner other attorneys with clients that are unable Florida’s fight to end hunger or unwilling to pay hourly for litigation. This and supporting causes such as Harbor House and the Miami is a true win-win situation, as the client is able to secure Project. capable representation and the referring attorney receives a percentage of Morgan and Morgan’s contingency fee when there is a recovery.

Because of the contingency fee model, Lewis said “we try more cases than most commercial litigators and we’ve won more than 90% of our jury trials and arbitrations.

“In April of 2019, we achieved a $7.3 million judgment for our client, a homeowner’s association (“HOA”), after a jury found developer Taylor Morrison liable for defects in the community’s roadways and drainage systems. The HOA had been represented by a different hourly law firm for more than seven years before the Business Trial Group was hired. In less than two years, we were able to take the case to trial and prevail for the community residents.”

In another recent case that Morgan and Morgan referred midway through the litigation this past August, “we won a $1.79 million jury verdict for a commercial realtor who was damaged due to legal malpractice,” Lewis said. “This was a particularly satisfying result, as our client had a dreadful experience with the legal system that led to the attorney malpractice claim. And we were able to help her achieve a recovery that was long-overdue.”

Added Lewis: “In each of these cases, not only were we able to achieve a great result for the client, but we were able to pay a significant fee to our referring counsel."

Morgan and Morgan is a true believer in community

34

RES GESTAE

⚖ December 2019

Morgan and Morgan expects to grow in Southwest Florida and the state, particularly in the areas of business, investment and construction disputes where there figures to be a strong demand for cases to be handled on a contingency fee basis.

“The harsh reality is that few clients can afford protracted commercial litigation on an hourly basis,” Lewis said. “And due to our group’s experience, finances, and familiarity with the risks of contingency-fee litigation, we are able to assist businesses and individuals with meritorious claims that may not have unlimited financial resources.”

Among other national and state issues drawing the firm’s attention is the minimum wage. Morgan & Morgan founder John Morgan has been fighting to gradually raise Florida’s minimum wage to $15. The initiative has garnered the signatures required to put raising the minimum wage increase to a vote on the November 2020 ballot.

“We are also very focused on the opioid crisis and are representing numerous municipalities in bringing claims against the drug manufacturers that have created and profited from this national emergency,” Lewis said. ⚖

Sproat Workplace Investigations The employment law firm dedicated to responsible fact-finding.

We conduct thorough, timely and unbiased workplace investigations for employers and their counsel.

SWI is a law firm exclusively dedicated to empowering you and your clients to make sound workplace decisions.

Workplace Investigations • Investigation Consulting Investigation Training • Courtroom Testimony

239.676.0200 • VSproat@SWInvestigations.com

SWInvestigations.com

Vicki Sproat, Attorney

MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended

Divorce • Custody • Child Support • Appeals An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003

We work to ensure that your legal interests are competently presented throughout your family law matter.

Free Telephone Consultation.

Practicing in Lee, Collier, and Charlotte Counties.

239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904

December 2019 ⚖ RES GESTAE

35

LCBA JUDGES SPOTLIGHT

Hon. Amy Hawthorne

1. My first job out of college was as a television news anchor. Unfortunately, that career was not suitable for me because I was too shy to ask questions at news conferences.

2. My favorite holiday is Halloween. My husband and I celebrate our anniversary every year at Halloween Horror Nights at Universal Studios. I also like to decorate my office during Halloween and make a lot of my own decorations.

3. I took piano lessons for 10 years while in school. I placed second in a statewide competition during my junior year of high school.

4. I once visited Jim Morrison’s grave. It was at Pere Lachaise Cemetery in Paris.

5. My favorite Christmas movie is Elf. I watch it every year. I used to watch it with my daughter every year on the day after Thanksgiving and it just kind of started off the Christmas season for us. I like the fact that Buddy the Elf is so innocent. He infects the other characters with his joy and love of Christmas.

Wishing you Peace, Happiness and Prosperity this Holiday Season and throughout the New Year!

We look forward to continuing to serve the Lee County Bar Association and our legal community in 2020!

conricpr.com 239.690.9840

36

RES GESTAE

⚖ December 2019

McHale, P.A.

4,000 mediations 1980 - 2020

• Expert Witness Testimony • Forensic Accounting

Experience Makes the Difference.

• Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business

Management

LPR

Leonard P. Reina, Esq. mediator

239.263.2059 ■ LReina@LPReina.com December 2019 ⚖ RES GESTAE

37

LCBA MEMBERS SPOTLIGHT

Antonette Hornsby

1. I’m a podcast enthusiast. I have my “go to” podcasts depending on my mood and need. My favorites include: We the People, Broadcast Blue, 10 Percent Happier, Stuff You Should Know, and In the Dark.

2. I’m an LSU Fan. I was born and raised in Louisiana and received my undergraduate degree from LSU in Baton Rouge. Geaux Tigers! I also lived in Mexico, Germany, Hawaii and Virginia before family ties eventually brought me to Florida.

3. I’m a gold star wife. My late husband was a Blackhawk pilot, and I was a military spouse/stay-at-home mom before I was an attorney. My family participates in TAPS and Wreaths Across America as a means to honor him and this part of our past.

4. I’m allergic to shellfish but worked at Joe’s Crab Shack throughout college. I like to live life on the edge — or not. I actually just appreciated the atmosphere and the dancing.

5. I knew I wanted to be an attorney when I was 13. After experiencing the foster care system, I saw the profession as a means to help the most vulnerable. I was influenced by my own attorney at the time and also drawn to the stability of the profession. ⚖

Thank yy...

FOR CONTINUING TO TRUST US WITH

YOUR CLIENT’S INJURY CASE. Jeff

Cell: 239.940.9716

38

RES GESTAE

Leland

Cell: 954.294.2005

⚖ December 2019

AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR. CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM

TECHNOLOGY, SOLVED. www.greenwireit.com

TELEPHONY & VOIP

MANAGED IT SERVICES

SMART HOME AUTOMATION

AUDIO/VIDEO SOLUTIONS

SURVEILLANCE WIFI & WIRED & SECURITY NETWORKS

WHO WE ARE Since 2008 our team of professionals has provided technology services and support to 1000’s of clients, both here in Southwest Florida and worldwide. With our dedicated staff of accredited engineers and technicians, you can rest assured that you will receive the highest quality personal service, whatever your needs.

12195 Metro Pkwy. Suite #5 Fort Myers, FL 33966 Email: info@greenwireit.com Phone: (239) 444-5522

December 2019 ⚖ RES GESTAE

39

LEGAL LENS LCBA FOUNDATION WINE TASTING SOCIAL

Great wine and conversation was the order of the day on Nov. 1 at the FineMark National Bank & Trust 3rd annual Lee County Bar Association Foundation wine tasting event.

2

3

Photos courtesy of Connie Ramos-Williams

1

4

1 5

6

8 40

RES GESTAE

7

9 âš– December 2019

1. Janet Wilson, Kristalyn Loson Atwood 2. Doug Meurer, Gail Markham 3. Angela Melvin, Denise Wheeler Wright, David Wright 4. Spencer Cordell, David Seitz, Danielle Seitz, John Webb 5. Sarah Spector, Robert Coleman, Sally Frizzell Coleman, Kim Donnelly 6. Shelia Rash, Susan Galbraith 7. Connie Ramos-Williams, Kelly L. Fayer, Amanda Bartley, Angela Melvin 8. Bernie "BJ" Zarvis, Amy Brower, Jarred Duke, Shannon Puoppolo, Scott Atwood 9. Andrew Banyai, Rick Williams

Your

APPELLATE

GURU Local focus, statewide reach.

• Florida Bar Board Certified Appellate Practice • 12+ years’ experience with state & federal appeals

Christopher D. Donovan 239.213.3865 cdonovan@ralaw.com

• Former staff attorney for the Second DCA

With offices in Lee and Collier County.

RALAW.COM | ROETZEL & ANDRESS, A LEGAL PROFESSIONAL ASSOCIATION

Mediation and Arbitration Services

SIMON M. HARRISON

Full Time mediator and arbitrator since 1992 Member of Florida Bar since 1978 Circuit, County, and federal (mdfl) Courts AV rated-martindale Hubble Convenient on line availability Check and calendaring 

Commercial



Probate



construction



guardianship



Contracts



trusts



Real estate



Employment



Foreclosure



Eminent Domain



insurance



Condo and HOA

I have the experience to understand the practical, financial, business, and emotional needs of the parties. I look forward to the opportunity to put that expertise to use in helping you to resolve your client’s dispute.

Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns.

Call today to see how we can grow your business!

1335 MIRAMAR STREET • CAPE CORAL, FL 33904 239.549.4484 • WWW.DIRECTIMPRESSIONS.COM

on line calendaring and full cv at Www.smharrison.com Phone: 239-433-4505 E-mail: Simon@smharrison.com

Member of the National Academy of Distinguished Neutrals

December 2019 ⚖ RES GESTAE

41

IN THE NEWS

Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, has been named by Florida Supreme Court Chief Justice Charles T. Canady to the newly created Task Force on the Distribution of IOTA Funds. Under the rules regulating The Florida Bar, funds from Interest on Trust Accounts (IOTA) Program flow to The Florida Bar Foundation to be “used to fund programs which are designed to improve the administration of justice or to expand the delivery of legal services to the poor.” The task force will examine whether the rules should be amended to better ensure the most effective use of IOTA funds.

Gregory Herman-Giddens has joined Henderson, Franklin, Starnes & Holt, P.A., as a stockholder in the estate planning & trust administration department based out of the Naples office. Prior to joining the firm, he ran his own law firm in Chapel Hill, N.C.;, Miami and New York City. He brings a wealth of experience from his 30-plus year legal career, offering an array of estate planning and related services, including creation of irrevocable trusts, estate, gift, fiduciary and individual income tax planning and compliance, including taxation of deferred compensation, estate and trust administration, small business and nonprofit organization formation, trust modification and decanting, and trust protector services.

Shanthy Balachanthiran, low income tax clinic director and supervising associate at Florida Rural Legal Services, Inc., will be a panelist for the plenary session of the annual Low Income Taxpayer Clinic Conference in Washington, D.C. in December. The topic will encompass discussions on dilemmas concerning the earned income tax credit. She also will serve as moderator of the ethics panel at the American Bar Association’s Midyear Tax Section meeting in January in Boca Raton.

Thomas Gunderson and Russell Schropp have been named to the 2019 Florida Trend Magazine’s Legal Elite.® They are attorneys with Henderson, Franklin, Starnes & Holt, P.A. Those honored are selected by their colleagues and represent less than 1.2% of active Florida Bar members.

Gunderson is Florida Bar Board Certified in Real Estate Law and is chair of the firm’s Real Estate Department. Gunderson has been honored throughout his career by Florida Super Lawyers® magazine, as well as Best Lawyers in America®.

Schropp is the firm’s Managing Stockholder and also serves as chair of the Land Use & Environmental Law Department. He also serves as chair of the Business Issues Committee of the Horizon Council and president of the Southwest Florida Economic Development Alliance.

42

RES GESTAE

⚖ December 2019

L A W

F I R M

Providing a beacon of hope for

A BETTER LIFE A full-service immigration law firm: • • • • •

Investor Visas (E-2, L-1) Waivers Visa Petitions Abroad U.S. Citizenship Green Cards

• Marriage and Family Petitions • Religious Visas • Removal/Deportation Defense

An empathic approach and a global presence.

“We couldn’t have asked for a better team to represent us... They guided us through the lengthy process with the best advice, patience and the utmost professionalism. They really cared about our file and were always there for us along the entire way! When we finally got our E2 visa and visited them at their office they were sincerely happy for us like your own family would be. We highly recommend Pablo and his entire team...” ~Elke and Fredrick

(239) 309-2558 HurtadoLawFirm.com 4461 Camino Real Way • Fort Myers, FL 33966

December 2019 Hurtado, ⚖ RES GESTAE Pablo

Esq. 43

PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

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

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

OUR EXPERIENCE IS IMPORTANT BECAUSE

your experience is important.

You

get the same great customer experience at each of our convenient locations because of our dedication and commitment to make banking about you.

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

Edison National Bank/Bank of the Islands customers enjoy:

• free online and mobile banking • no-fee access®to their account funds at any Publix

Presto! ATM

• free bill pay services for personal account holders

• courier and cash management services for business clients

• streamlined processing for all loans

including commercial and residential mortgage loans

Leah Kirby, Vice President, River District Office Manager; Susan Nasworthy, Senior Vice President, Retail Administrator; Darrin Grotrian, Assistant Vice President, Lending, Sanibel-Captiva Assistant Office Manager; John Ammons, Vice President, Cleveland Avenue Office Manager; Willy Ocasio, Vice President, SanibelCaptiva Office Manager

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.