Res Gestae - February 2013

The LCBA

Our History is No Mystery Background Checks: What You Don’t Know Can Hurt You

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res gestae | february 2013

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contents 6

Letter from the President

8

Letter from the Editor

11

by Mary C. Evans, Esq.

by Nanci DuBois

Our History is No Mystery A Rich Past Paves the Way to LCBA’s Bright Future

by Sara Fitzpatrick Comito

11 13

Dean Milhizer’s Side Bar

by Dean Milhizer

15

Background Checks: What You Don’t Know Can Hurt You

by John Grey

13

16

Legal Briefs

28

On the Bench

News and Happenings

The Honorable Alane Laboda

by Sara Fitzpatrick Comito

29

From the Bar

Jess W. Levins, Esq.

by Sara Fitzpatrick Comito

30 30 36

Social Scene The Dish

Stillwater Grille

by Mary C. Evans, Esq.

39

Pro Bono Spotlight Rosemary A. Baitson

by Vera Bergermann

4

40

Calendar of Events

36 41

100 Club Members

res gestae | february 2013

239.334.0047 resgestae@leebar.org

staff box Publisher Connie Ramos-Williams 239.690.9840 Executive Editor Nanci DuBois 239.334.0047 Assistant Editor Sara Fitzpatrick Comito Layout and Design Diane M. Shrock Advertising Director Linda Fiore 239.690.9840 Contributing Writers Nanci DuBois Sara Fitzpatrick Comito John Grey Mary C. Evans, Esq Vera Bergermann 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: Attorneys Jenna

Persons and Bruce Strayhorn of the law office of Strayhorn & Persons, P.L., co-chair the LCBA History Committee.

Cover Photo: Photograph by Michael Shapiro

letter from the president

Lee County Bar Association Fish On!

Have you ever gone fishing for big game fish such as marlin, sailfish, or big eye tuna? It’s really quite exciting! Imagine the outriggers, the down riggers, the kites, numerous rods jammed into rocket launchers, the boat trolling along with people waiting for that telltale sound… zzzzzz, then someone yelling “fish on!”

Hearts start to pound. Someone grabs the rod under attack while others reel in the silent lines. It’s chaos! Then, the only movement is the fisher woman and her rod. She is standing in the back of the boat with the butt of the rod shoved into the harness slung low under her gut. There is nothing between her and the fish, and he is fighting hard. He is strong, making demands on the line, taxing the strength of the fisher woman’s arms. Every once in awhile he gives her a break and leaps into the air. While he is displaying airborne gracefulness, the fisher woman reels like crazy, lessening the distance between herself and her prize. There is no backing down on the fish in this boat, oh no, the fisher woman must land this one herself. But her arms are tired and the fish, who weighs more than she, is comfortable in his element. She stands in the back of a boat, fighting to stay on her feet while the boat is pitching side to side. There is no shade from the African sun, no fighting chair, no relief for the weary. But the weary does not give in. Finally, after an hour of persistence on both sides, the tired fish is reeled to the boat, tagged, and released. The fisher woman is tired too. Her arms too tired to hold water to quench her insatiable thirst, but her spirits are high!

That scene occurred in 1997 off the coast of Dakar, Senegal. I wasn’t yet a lawyer, so I could not appreciate how it would compare to being in court. The tools are different, but the preparation is the same. The location is different, but the adrenaline rush is the same. The opponent is different, but the persistence required can leave you just as drained. How blessed I am to belong to the small group of people that are licensed to land a big catch, in and out of the courtroom.

So many people attend law school in hopes of achieving entry into The Florida Bar, but not all make it. We are a blessed bunch. What are your blessings? Perhaps faith, family, friends, health, brains, food, a home, a dollar or two in your pocket are just a few of your blessings to start with. Keep counting your blessings, and while you do, please join us at the Bar Association to help someone in the community who isn’t as blessed as you. Not everyone in our community can create the life of his/her dreams, has the smarts for college, or the persistence to hang in there when the going gets tough. We did! Those who are less capable need our help.

Whether you join a committee or simply volunteer one day of your time at a free legal clinic, someone less fortunate needs YOU. As the more fortunate, we have a responsibility to assist those who are not. The Lee County Bar Association provides many opportunities to assist the community. I look forward to seeing you at the next event. Until then, FISH ON! |RG| Mary C. Evans, Esq. mary@maryevanslawyer.com | (239) 226-1062

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res gestae | february 2013

administrative team executive director Nanci G. DuBois executive assistant Lisa Poulin Lawyer Referral & Pro Bono coordinator Lee Hillman

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

History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education Scott Atwood, Esq. Law Week Hon. John S. Carlin Library Robert L. Donald, Esq. Mock Trial Renee Binns, Esq. Past President Karla Y. Campos-Andersen, Esq. Pro Bono Vanessa Cordero, Esq. and Katie Berkey, Esq. Marketing & PR Carlos Kelly, Esq. Social Events Kelly Fayer, Esq. & Amanda Mitteer-Bartley, Esq. technology Michael E. Chionopoulos, Esq.

practice section chairs Alternative dispute resolution Anne Dalton, Esq. criminal law Keith Upson, Esq. Real Property, Probate & trust law Kenneth Kemp, Esq. General Civil & Business Litigation J. Jeffrey Rice Tort Litigation Preston John (PJ) Scheiner, Esq. Family Law Rana Holz, Esq. & Jo Ellen Kane, Esq. Land Use & Governmental Law Russell Schropp, Esq.

res gestae | february 2013

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letter from the editor

Celebrating History

This month we celebrate the past, present and future of the Lee County Bar Association at our membership luncheon at Royal Palm Yacht Club on February 22.

At this annual spring event, our Young Lawyers’ Division members traditionally pose questions to the Past Presidents of our organization, digging into their experiences and longevity in the legal community of Lee County. But this time, we will be viewing together a half-hour presentation of the edited interviews that were filmed last spring with the Past Presidents, as part of our LCBA living history. Join us for an entertaining luncheon this month.

Place an Ad in Res Gestae Today!

As we enter into the new year we would like to offer you an exclusive opportunity to reach over 1,000 attorneys and judges in the Southwest Florida market. If you prepay for the year in advance OR provide the LCBA with a credit card to keep on file for automatic monthly payments, you will be entered into a drawing to win a $50 gift certificate at “a popular dining establishment.”

The drawing will take place at the LCBA’s monthly luncheons. You do not need to be present to win. Please take advantage of this incentive opportunity TODAY, which could save you money on your advertising and provide you with an ultimate dining experience!

The rate card, advertising agreement and credit card authorization form can be found online at leebar.org. If you have any further questions, please email linda@conricholdings.com or give our Publisher, Connie Ramos-Williams at CONRIC PR &Marketing | Publishing a call at (239) 690-9840. |RG|

UPCOMING EVENTS

Avoid the Line... Sign Up & Pay Online!

• February 21: Third Thursday Social • February 22: Membership Luncheon • March 16: Judge Lundy’s Buckingham BAR-B-Q • April and May LAW WEEK EVENTS: Dates TBA • May (date TBA): Voices for Kids Charity Golf Tournament and Sheriff’s Challenge with Title Sponsor: Roetzel & Andress Sponsorship and promotional opportunities are available for all events. Let’s talk!

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

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res gestae | february 2013

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The LCBA Honored Past Presidents at a reception held at the Veranda Restaurant in 2010.

Our History is No Mystery A Rich Past Paves the Way to LCBA’s Bright Future

A plaque hanging in the LCBA office show cases the 1962 LCBA Executive Council and mem bers.

by Sara Fitzpatrick Comito

On a recent weekday morning, Nanci DuBois could be found at home awaiting delivery of several giant foam core sheets.

From these, she and her Executive Assistant Lisa Poulin would fashion glitter-covered stars and a crescent moon to convey a fairy princess on her descent from Harborside Event Center’s vaulted ceiling. All this while stalwartly recovering from a serious bout of seasonal illness and receiving a prying reporter for coffee and an interview about the history of the Lee County Bar Association and why it matters.

If you attended the Once Upon a New Moon Gala on January 12, you undoubtedly delighted in the vision of young Nichole Lamaritata in full sparkling regalia alighting on the stage to bless the bar’s membership with a sprinkling of pixie dust.

It wasn’t mere pageantry. Lamaritata is why the history matters. But we’ll get to that a bit later.

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res gestae | february 2013

~ Humble Beginnings ~

When DuBois invited me to intrude on her elegant yet cozy kitchen – and equally busy day – she directed my attention to a single-paged document, rendered sepia and nearly translucent with time, waiting on the table. Its venerable appearance serves to betray the true age of the LCBA. Folks, you should be proud to belong to an institution that has been shaping the culture of the local law profession and community at large since 1927.

“We started with very humble beginnings with the Fort Myers Bar Association,” explained DuBois. “And until this document surfaced, we thought we originated in 1949.” It recently surfaced from among her mother’s things. Louise Galbraith was herself executive director of the LCBA for

more than a decade and later a recipient of the Liberty Bell Award, the organization’s highest honor for outstanding community service.

It’s a different bar today, boasting an active membership of 797 attorneys and judges.

Precisely because the group necessarily cannot The Liberty Bell Award was presented remain so tightly knit to past LCBA Executive Director, Louise with such numbers, its Galbraith in 1996. history matters.

Carlos Kelly of Henderson, Franklin, Starnes & Holt, P.A., recently reflected on this. “It’s important to know where your organization has come from so you have an idea of where you want to direct it in the future.” He said although he’s only been around for 15 or so years, he’s seen the LCBA membership become more diverse. Additionally, “It has really improved the way it is able to communicate with its members. I think that’s primarily as a result of the technology we all use.” He thinks as the group becomes larger, members need to work harder at person-to-person contact. Kelly is chair of LCBA Marketing and Public Relations Committee.

Jenna Persons and Bruce Strayhorn are both sixthgeneration Fort Myers attorneys and partners at Strayhorn & Persons, P.L. Appropriately, they are also co-chairs of the bar’s History Committee. Persons said, “Our history lives through our stories, and it is our collective story that defines and shapes us as a community and legal profession.”

irritated the lawyer, so he instructed her instead to place a can of Prince Albert tobacco in the window as a signal he was needed inside.

Pavese said the practice of law has also changed drastically.

“It’s so much more specialized now than it was when I started in ’49.” He likens attorneys today to doctors. “One of them has the left ear, the other has the right ear.”

~ Seniority ~

As to the future of the bar, Pavese expressed a hope that its members remain professional, ethical and honest. “If a new doctor comes to town, they all go to him,” he said, citing the expectation that he knows new things. Conversely, “If a new lawyer comes to town, nobody goes to him.” Supposedly, this fellow has less experience. The takeaway, according to Pavese: “They think more of their money than they do their life.”

James Franklin, Jr. followed in his father’s footsteps, and also got his start in 1949. He agreed things have changed.

“Back then there was no district court,” he recalled. “Cases were tried without mediation.”

~ The 49ers ~

It’s a colorful history. Just ask Frank Pavese, Sr. He joined the bar in 1949, when it first assumed the LCBA moniker, and went on to become president in 1955. He retired from practice in 2004, only after a complication from surgery rendered him vision-impaired. “If I had good health, I’d still be practicing now.” Born on a leap year, he’s really only 22, after all.

Pavese recalled a rapid period of growth before the early 60s, by which time the group of a couple dozen attorneys doubled to about 50. That was the last time he remembered there being a photograph of the entire membership.

“I think the bar did a lot for the community,” he said. “We were professionals.”

Around 1983, he helped found an offshoot of the group, the Downtown Property Owners, “We decided to do something for downtown - it was dying.”

Things certainly have changed. Pavese remembers his family receiving a horse-drawn delivery of ice twice a week.

Would you be surprised to know he was witness to the first wireless communication system in action? He recalls an attorney by the name of E. Dixie Beggs, who practiced at the corner of First Street and Hendry. “This was before the days of air conditioning, you know.” This attorney would escape the heat by sitting on one of the green benches outside the drug store on the other corner. When his office received a phone call, his secretary would holler out the window. This

covers was recently discovered, un An original document that nded fou t firs s wa on Bar Associati the fact that the Lee County on. ati oci Ass r Ba in 1927 as the Fort Myers

As far as the bar goes, “it’s turned into a community service-type organization, which it didn’t used to be.” It also helps its members keep up with the changing times. “The res gestae | february 2013

11

requirements and rules have changed so much regarding continuing education,” for instance.

When he started at Henderson Franklin, founded in 1924 by Robert Abner Henderson, Jr., and James A. Franklin, Sr., he met a secretary by the name of Estallina Gill. “On the first day she came up to me and punched me in the chest and said, ‘I have seniority over you and don’t you forget it.’” It remained an inside joke between the two. Franklin served as bar president in 1961. When he retired from practice, Gill still worked at the firm.

~ A Solid Foundation ~

A more recent bar president, Judge Josephine Gagliardi, indicated the bar’s history should serve as inspiration for the future. She also identified the LCBA as a career springboard for public servants. The roster of past presidents contains people who went on to become judge, as in her case, and even mayor, as in the case of James T. Humphrey. “Their hard work with the bar led them to gain prominent positions in the community.” She said there are many wonderful stories from the past, and those stories serve to edify us today, and will continue to do so for years to come.

Persons also expressed her debt to the past. “I learn every day how to better practice law from those who have built their practice here before me,” she reflected. “I’ve been fortunate to have found great mentors in our bar and their stories and advice continue to help shape me and my practice as I grow and learn as a young attorney.”

So let’s return to our gala fairy, Nichole Lamaritata. The former LCBA office intern was awarded a Lee County Bar law related education scholarship in partnership with the Uncommon Friends Foundation last year. It’s the third year the bar has offered the prize. Recipients represent the future of the bar. That significance isn’t lost on Lamaritata, now a student at Stetson.

“She spent her entire holiday vacation with us working at the Lawyer Referral Service desk in the office,” DuBois noted. |RG|

The LCBA wishes to extend its gratitude to Mr. Patrick Von Ahn, who has donated his services in videographing the past presidents to be included in a half-hour presentation of the History of the Lee County Bar Association.

This will be shown at the February Membership Luncheon at Royal Palm Yacht Club.

Edited and unedited versions of these “fireside chats” will be on file with LCBA, as the foundation for an oral history that we can build upon in the years to come. We will use shorter clips as appropriate and approved for public viewing as we let our Lee County community know more about who we are and what we do.

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res gestae | february 2013

Dean Milhizer’s Side Bar Dean Eugene Milhizer recalls honored faculty member Judge Bork’s four decades of leadership in American law and conservative politics In late December, we lost one of America’s greatest jurists, influential thinkers and writers, and one of Ave Maria School of Law’s honored faculty members. Judge Bork will be remembered at Ave Maria School of Law for the important role he played in its formative years. His announcement as a faculty member when our Law School first opened both attracted large numbers of outstanding students and gave our school instant credibility within the legal education community and broader legal establishment. Along with Dean Emeritus Dobranski, Judge Bork developed and taught our Moral Foundations of the Law course during the school’s first several years. Judge Robert Bork had great affection for Ave Maria School of Law, and for its faculty, staff, students and alumni. He will be fondly remembered and greatly missed.

Bernard Dobranski, Dean Emeritus of Ave Maria School of Law, and a close friend of Judge Bork recalled his legacy to American law when he commented that “with the passing of Judge Bork, we have lost one of the most distinguished figures in American legal history. His contributions to the law, both in properly interpreting the Constitution and our anti-trust laws, changed our understanding of both of these subjects in a fundamental way. He will be sorely missed, not only for his contributions to the law and understanding of our culture, but also for his kindness, good humor, and ability to handle adversity with grace and dignity.”

Judge Bork served with distinction as a judge, lawyer, scholar, government official, and law professor. Early in his career, he was an associate and partner with the law firm of Kirkland & Ellis before joining the faculty at Yale Law School. During the 1970s, Judge Bork held the positions of United States Solicitor General and Acting Attorney General. He subsequently served as a United States Court of Appeals judge for the District of Columbia Circuit. Formerly a scholar with the American Enterprise Institute, Judge Bork was a Distinguished Senior Fellow at the Hudson Institute and the Tad and Dianne Taube Distinguished Visiting Fellow at the Hoover Institution. The author of numerous books and articles, he also appeared on

many national television programs. Judge Bork taught for more than four years at Ave Maria School of Law during the fall and spring semesters. He received his Bachelor of Arts and Juris Doctor from the University of Chicago. A Memorial service at Ave Maria School of Law is being planned to honor Judge Bork. |RG|

Ave Maria School of Law President and Dean, Eugene R. Milhizer, has presented lectures, speeches, and seminars at law schools and other venues across the country, and his legal scholarship has been published in many prestigious law journals. He can be reached at ermilhizer@ avemarialaw.edu, or at 239-687-5305. www.avemarialaw.edu.

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res gestae | february 2013

By John Grey You’ve read the stories. A restaurant unwittingly hired a convicted child molester who eventually assaulted two teenage female co-workers. More than half of fraudulent tenants cause at least $100,000 in losses for their property managers.

In this day and age, background checks are an essential part of screening job candidates or choosing prospective renters.

Strict guidelines limit what questions may be asked on applications, and a high percentage of application answers are falsified. An alarming number of problems occur after a questionable employee or renter was allowed to slip through the cracks of an inadequate screening process.

The more thorough the background investigation, the less valuable time and money a business will have to spend later dismissing then replacing an employee it found didn’t meet the company’s standards, and the less likely a property manager will have to spend time and money recovering rent or damages from what was actually an at-risk tenant.

Companies are prone to costly lawsuits based on the actions of their employees toward customers and co-workers, and U.S. businesses have lost billions of dollars because of the misdeeds of unscrupulous staff members whose backgrounds weren’t closely reviewed.

Since 2000, renters have represented more than a third of U.S. households, and they are predominant in several of the nation’s most populated cities. These numbers dictate that property managers must take care to protect their interests and provide the safest environment possible for their tenants.

Currently, common screening methods used for background checks include: a Social Security trace; County Criminal and Federal Criminal searches; an Office of Foreign Asset Control search; a Department of Motor Vehicles check; a National Sex Offender Registry search; employment and education verification; and drug/alcohol testing.

The results may paint a reasonably accurate picture of a potential employee’s history and allow a company to hire the workers they want with some degree of comfort. They may also red-flag and eliminate a large list of potential tenants hoping to secure a place to rent.

However, as thorough as you may be while amassing information during a background check, you are limited by the data you can access. You need to cover all bases with the best all-inclusive resources you can find.

To erase all doubts with your background searches, be sure to hire a company that offers the latest, leading technology to help you select good personnel fits for your company and the most desirable tenants for your property. The company should offer a highly accurate, secure, userfriendly, comprehensive and customized approach that fits the criteria you are looking for during your background checks.

Once you’ve received the applicant’s approval, you select the records you want to access, whether it’s a criminal history for a job applicant or a prior evictions list for a potential resident.

No matter what searches you choose, they will contain the most current, reliable information you will need to uncover potential risks that could cost you a lot of headaches and money down the road. Look for a company that offers free set-up, fast turnaround, has a well-trained staff, and you pay only for the services you use.

“An alarming number of problems occur after a questionable employee or renter was allowed to slip through the cracks of an inadequate screening process.”

John Grey is the Marketing Director of ARCpoint Labs of Fort Myers. For more information, he may be reached at (239) 5675505 or jgrey@arcpointlabs.com.

res gestae | february 2013

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legal briefs HENDERSON FRANKLIN NAMES AGNEW AND JABLONSKI NEW STOCKHOLDERS The Southwest Florida law firm of Henderson Franklin Starnes & Holt, PA is pleased to announce that Attorneys John Agnew and Kelly Spillman Jablonski have been elected stockholders. Managing Partner Denis Noah stated, “John and Kelly are tenacious advocates for their clients. I respect both of them for their work ethic and their contributions to the success of our firm.”

Agnew practices in the areas of commercial litigation and employment law. He represents clients in disputes involving contracts, construction and lien law, banking matters, landlord-tenant disputes and other civil litigation. In employment law, Agnew handles cases involving enforcement of non-compete agreements and defending employers againstcomplaints involving wage and hour laws, discrimination and harassment. He holds an AV® Preeminent™ rating by Martindale-Hubbell, was recognized by Florida Super Lawyers® magazine as a “Rising Star” in the field of business litigation (2009–2012) and is a member of the Executive Council for the Lee County Bar Association, currently serving as its Vice-President. Agnew received his undergraduate degree (B.H.S., summa cum laude, 2001) and his law degree (J.D., 2005) from the University of Kentucky. He can be reached at 239.344.1364 or via email at john.agnew@henlaw.com.

Jablonski is a member of the firm’s Tort & Insurance practice. She concentrates her litigation practice in the defense of premises liability, automobile, errors and omissions and other tort liabilities. She also handles cases with a variety of PIP coverage issues. Jablonski is a member of the Florida Defense Lawyers Association, Defense Research Institute, Florida and Pennsylvania State Bars, Lee County Bar Association, Panhellenic Alumnae of Lee County, Florida, the Junior League of Fort Myers. She also serves on the Historical Museum Advisory Board for the City of Fort Myers. Jablonski received her undergraduate degree (B.A., 1988) and law degree (J.D., 1991) from Stetson University. She can be reached at 239.344.1237 or via email at kelly.jablonski@henlaw.com.

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res gestae | february 2013

legal briefs PARALEGAL MORPHS BAR INTO MOB Most weeks Betty Gourley, a Registered Paralegal with NFPA and the Florida Bar, spends 40 plus hours a block from the courthouse at the offices of LeGrande & LeGrande, P. A. However, a few months ago her activities diversified significantly as she taught a large segment of the Lee County legal community how to dance together.

Attorney Deborah Leoci Meisenberg and other attorneys appearing regularly in the dependency court of the Honorable James H. Seals decided to honor him on the occasion of his retirement. They wanted the event to be both unusual and memorable.

For weeks prior to the event she spent evenings instructing Children & Family employees, Guardian Ad Litems, court personnel, and attorneys in a routine she choreographed herself. An instructional video was filmed and posted on YouTube and Facebook for participants who couldn’t attend Gourley’s sessions. Returning on one occasion from a noon session with the GAL Program, she expressed amazement at how they mastered the routine in short order.

As Judge Seals looked on, the festivities opened with Gourley’s daughter, Amanda, 17, focusing the crowd with a sophisticated self-choreographed contemporary routine.

This was followed by a Footnotes’ adult group, The Dancing Divas@ who ushered in the Mob. Many of Seals’ colleagues joined in and strutted in tribute.

Kunkel Miller & Hament is on the cutting edge of the emerging and changing law. Each of our attorneys is able to provide our clients legal counseling and representation in each of the areas that comprise labor and employment law today. Our philosophy is to provide our clients with the highest quality and most cost-efficient counseling and representation to achieve their objectives within the parameters imposed by applicable labor and employment laws.

(800) 828-7133 www.kmhlaborlaw.com Apalachicola • Sarasota • Tampa • Fort Myers Satellite Office

The hiring of a lawyer is an important decision that should not be based upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

res gestae | february 2013

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legal briefs Pentecostal New Testament Church receives clothing and toy donation from local law firm The Pentecostal New Testament Church of North Fort Myers received a generous donation of gently used clothing and new toys for Christmas from Goldstein, Buckley, Cechman, Rice & Purtz, P.A. “With the holiday season right around the corner, Goldstein, Buckley, Cechman, Rice & Purtz felt compelled to help as many organizations as possible within our community. Bringing cheer to the children of the church was our number one goal,” said Legal Assistant Carleen Menist.

Pentecostal New Testament Church is a bible-based, prayer-believing church who believes in the father, son and the Holy Ghost. The church also has a food pantry on site and is located at 247 Pine Island Road. For more information, visit http://pentecostalnewtestamentchurch.webs.com/. For more information, visit www.JusticeStartsNow.com, call **LAW (529) on a mobile phone, or 239-334-1146.

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res gestae | february 2013

Local law firm makes donation to Harry Chapin Food Bank of Southwest Florida Partners at the Southwest Florida law firm Goldstein, Buckley, Cechman, Rice & Purtz, P.A., presented a check to the Harry Chapin Food Bank of Southwest Florida to help families in need during the holiday season. “We supported the Harry Chapin Food Bank last year and felt it was appropriate to thank them once again for their efforts in our community,” said Managing Partner J. Jeffrey Rice. “Every dollar donated helps distribute $6 worth of food. We wanted to help make a difference for families this holiday season.” Donations can be made at www.harrychapinfoodbank.org or call 239334-7007.

The Harry Chapin Food Bank solicits, collects and stores quality food for distribution to families in need through a network of more than 170 local nonprofit agencies in Lee, Collier, Hendy, Charlotte and Glades counties, who provide food to more than 30,000 people monthly. For more information, visit www.

JusticeStartsNow.com, call **LAW (529) on a mobile phone, or 239-334-1146.

legal briefs Pavese Law Firm and Salvation Army brighten the holidays for local families Pavese Law Firm attorneys and staff teamed up with the Salvation Army to help provide for the tangible needs of deserving recipient families during the holidays. More than 13,000 families benefit from the Salvation Army’s annual holiday drive. In addition to making a monetary contribution of $2,500, Pavese Law Firm collected $135 in cash, $200 in checks, and more than 30 gifts including toys, clothing and gift cards valuing $470.

“Supporting families during the holidays is a rewarding way for Pavese Law Firm to help our neighbors and show them we care,” says Charles Mann, co-managing partner at Pavese Law Firm. “We hope our donations will help bring joy to their lives during this holiday season.”

Pavese Law Firm presents donation to Junior Achievement of Southwest Florida

Pavese Law Firm managing partner Charles Mann presented a check to Junior Achievement of Southwest Florida for $1,500 to support the nonprofit organization in providing Junior Achievement programs at schools throughout Lee, Collier and Charlotte counties.

“By supporting Junior Achievement of Southwest Florida we play a role in helping young people prepare for the workforce, learn financial literacy skills and become tomorrow’s entrepreneurs,” says Mann.

Through a dedicated volunteer network, Junior Achievement of Southwest Florida provides in-school and afterschool programs for students in Collier, Lee and Charlotte counties that focus on three key content areas: work readiness, entrepreneurship and financial literacy.

“We greatly value our partnership with Pavese Law Firm,” said Anne Frazier, president and CEO, Junior Achievement of Southwest Florida. “Their gifts of time through volunteering in the classroom and financial support allow us to further our Lee County Ass_7-75x4-74 v01:Layout 1 people 1/15/2013to10:01 AM Page 1 mission toBar inspire and prepare young succeed in a global economy.” For more information, visit www.paveselaw.com.

COHEN & GRIGSBY PROUDLY SUPPORTS THE EFFORTS OF THE LEE COUNTY BAR ASSOCIATION Henry C. Cohen Christopher N. Davies Joshua A. Hajek Jessica I. Horowitz

Thad D. Kirkpatrick Jason Hunter Korn Rachael S. Loukonen David T. Lupo

John E. Lyncheski Felix Mehler Hugh W. Nevin, Jr. Kelley Geraghty Price

Richard D. Rosen Robert Rosing Susan Nesbet-Sikuta Andrew I. Solis

Mercato - Suite 6200 • 9110 Strada Place • Naples, FL 34108-2938 • Main 239.390.1900 • Fax 239.390.1901 www.cohenlaw.com

The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

Before you decide, ask us to send you free written information about Cohen & Grigsby's qualifications and experience.

res gestae | february 2013

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legal briefs Attorney Sharon M. Hanlon elected President of ABOTA, S. W. FL Chapter

Goldstein, Buckley, Cechman, Rice & Purtz collects more than 100 new toys for charity Goldstein, Buckley, Cechman, Rice & Purtz, P.A. collected more than 100 new toys for the U. S. Marine Corps Toys for Tots Foundation, which distributes toys to less fortunate children in the community. The employees of the firm and the general public participated by bringing new, unwrapped toys to any of the five Goldstein, Buckley, Cechman, Rice & Purtz offices throughout Southwest Florida. The law firm has been a supporter of the Toys for Tots Foundation since 2006.

For more information, visit www.JusticeStartsNow.com, call **LAW (529) on a mobile phone, or 239-334-1146.

Naples based personal injury lawyer Sharon M. Hanlon has been selected 2013 President of the S.W. Florida Chapter, American Board of Trial Advocates (ABOTA).

ABOTA is a national organization comprised of both plaintiff and defense trial attorneys dedicated to the general purposes of fostering improvement in the ethical and technical standards of practice in the field of advocacy to assure individual litigants receive effective representation, and the general public is benefited by more efficient administration of justice consistent with time-tested and traditional principles of litigation.

Membership is by invitation and represents less than 2% of all practicing attorneys in the nation. Ms. Hanlon holds an AV rating by Martindale-Hubbell and is a 2012 Super Lawyer. She is a partner at Zelman and Hanlon, PA.

4280 Cleveland Avenue, Fort Myers, FL 33901 | 239-277-0005 | www.GarvinLegal.com 20

res gestae | february 2013

legal briefs Katherine R. English appointed to Florida Farm Bureau Water and Natural Resources Advisory Committee Pavese Law Firm partner Katherine R. English has been appointed to the Florida Farm Bureau Water and Natural Resources Advisory Committee. English and the other committee members serve in an advisory capacity to the Florida Farm Bureau’s state board of directors, providing insight on issues relating to agriculture. English was selected by John Hoblick, the president of Florida Farm Bureau, based on her knowledge and expertise in this area.

English focuses her practice on environmental and agricultural law and has extensive agricultural experience. English is also a class IV alumna of the Wedgworth Leadership Institute, formerly known as the Florida Leadership Program for Agriculture and Natural Resources, at the University of Florida. She lectures regularly at the University of Florida Levin College of Law on agricultural conservation easements and provides board member training in advance of the Florida Council of Cooperatives annual meeting.Before entering law school, she was a field representative for a citrus grower’s cooperative in South and Southwest Florida, and she continues to be involved in her family’s farming operations.

English joined Pavese Law Firm in 1994 and became a partner in the firm in 2000. In addition to practicing environmental and agricultural law, English is experienced in surface water management, water use and private property rights, including federal environmental permitting and compliance in regard to the Clean Water Act, the Food Security Act and the Endangered Species Act. During her legal career, she has practiced before a variety of government agencies including the Florida Department of Environmental Protection, Southwest Florida Water Management District, South Florida Water Management District, Army Corps of Engineers, United States Department of Agriculture, United States Fish and Wildlife Service and the Environmental Protection Agency. English is a member of the American Bar Association and the Lee County Bar Association.

In addition, English is vice president of the University of Florida Leadership and Education Foundation Inc., serves on the SHARE Council for the University of Florida Institute of Food and Agriculture Sciences, and serves as the Allocations Chair for Hendry County for the board of directors of the United Way of Lee, Hendry and Glades Counties.For more information, visit www.paveselaw.com or call 239-334-2195.

BOARD CERTIFIED LABOR AND EMPLOYMENT LAWYER

Employment Law Litigation & Consultation Sexual Harassment Whistleblower Claims Discrimination & EEOC Overtime & Unpaid Wages All Other Employment Matters phone 239.334.7017 | FAX 239.334.6662 1625 Hendry street | Suite 103 | Fort Myers, Florida | 33901 JASON@GUNTERFIRM.COM | WWW.GUNTERFIRM.COM

october 2012 Levins and associates, LLc

res gestae | february 2013

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legal briefs Five Grant Fridkin Pearson Attorneys Selected by Peers Five attorneys from Grant Fridkin Pearson, P.A. were recently selected by their peers for inclusion in The Best Lawyers in America速 2013

Jeffrey D. Fridkin

Richard C. Grant

William M. Pearson

D. Keith Wickenden

Howard L. Crown

Jeffrey D. Fridkin, Board Certified in Business Litigation and Civil Trial Litigation, was selected in the practice areas of Betthe-Company Litigation, Commercial Litigation, Litigation-Construction, Litigation-Real Estate, and Litigation-Trusts & Estates.

Richard C. Grant, Board Certified in Real Estate, was selected in the practice areas of Construction, Corporate, and Real Estate Law. William M. Pearson, Board Certified in Wills, Trusts & Estates, was selected in the practice areas of Litigation - Trusts and Estates and Trusts and Estates.

D. Keith Wickenden was selected in the practice areas of Commercial Litigation, Litigation-Construction, Litigation-Real Estate, and Litigation-Trusts & Estates.

Howard L. Crown was selected in the practice area of Trust and Estates.

Grant Fridkin Pearson, P.A. is a full service law firm located in Naples, Florida. Additional information about the firm and its attorneys may be found at www.gfpac.com.

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res gestae | february 2013

legal briefs Christina Harris Schwinn appointed to advisory board for Florida Gulf Coast University Small Business Development Council and board of directors for National Association of Women Business Owners, Southwest Florida chapter Pavese Law Firm partner Christina Harris Schwinn has been appointed to the advisory board for Florida Gulf Coast University Small Business Development Council (SBDC).

As an advisory council member, Schwinn joins other regional business leaders and professionals in supporting the SBDC in its goal to help businesses grow, to create jobs and generate profits and to assist entrepreneurs in accessing resources and providing consulting to help direct their start up and generate growth.

Schwinn has also been appointed to the board of directors of the Southwest Florida chapter of the National Association of Business Owners (NAWBOwww.nawboswfl.org).

In addition, Schwinn was named committee chair for the NAWBO Southwest Florida’s public policy committee.Founded in 1975, NAWBO is a non-profit organization of more than 8,000 members representing women business owners across all industries. NAWBO offers support resources and opportunities to propel women entrepreneurs into economic, social and political spheres of power worldwide.

Schwinn is a partner with Pavese Law Firm based in Fort Myers. Her primary practice areas are employment law, business transactions, community association law and real estate law. Prior to joining the firm in 2005, she served as General Counsel for two large companies that provided human resource and staffing services: HR Logic, Inc. and The Vincam Group, Inc., which was later acquired by ADP, Inc. As general counsel for both HR Logic, Inc. and The Vincam Group, she was responsible for managing the legal and legislative affairs of both companies. She was also a national vice president for AIG Risk Management, Inc. Schwinn is available to speak to local businesses and organizations on a variety of employment law topics and can be reached at 239-336-6228 or christinaschwinn@paveselaw.com.

res gestae | february 2013

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legal briefs Quarles & Brady Law Firm Hosted Golden Terrace Elementary Students at the Naples Zoo for a Day of Hands-On Learning Attorneys and staff from the Naples office of Quarles & Brady, joined by the Florida Gulf Coast University Anthropology Club (“FGCU”), hosted the entire 3rd grade class from Golden Terrace Elementary School at the Naples Zoo on November 20, 2102.

More than 140 students from nine classes took part in the program, which provided early exposure to anthropology and zoology. “This event was not only a great experience for the students of Golden Terrace Elementary School, but also for our attorneys and staff,” said Ken Haney, a partner at Quarles & Brady and head of the firm’s Quarles Cares volunteer initiative. “Giving back to the community is a huge part of our culture and we truly enjoy working with these bright, young students.”

The Anthropology Club delivered 15 to 20 minute presentations at four designated stations throughout the zoo, including hands-on learning for the students. Each station focused on a different aspect of multidisciplinary anthropological study, including: evolutionary primatology, carnivore dentition, human v. nonhuman archaeology, and spinal and pelvic morphology differences. Each class was able to explore all four interactive stations.

“Partnering with an organization like the FGCU Anthropology Club provides us with an opportunity to offer a unique learning experience for the students,” said Haney. “Events like this are a reflection of the firm’s commitment to education as a part of the community fabric.” The FGCU Anthropology Club has been an asset in assisting Quarles & Brady with projects throughout the school year for many years. In addition to today’s event, this spring, the club will recreate an archaeological dig site at the Golden Terrace Elementary School playground, where younger students get to excavate various artifacts and learn about the process. This annual event is part of the firm’s Quarles Cares volunteer initiative, in which the law firm provides opportunities for attorneys and staff to commit themselves to civic and charitable opportunities within their local community. The firm has been actively engaged in the Southwest Florida community through other charitable efforts and this initiative since 1982. “The hard work and dedication of our entire team to the Naples community is remarkable and is something we are very proud of,” said T. Robert Bulloch, office managing partner. “It’s an honor that we have been able to serve our clients’ needs for 30 years in Naples and we look forward to doing so over the next 30.”

More information about the firm may be found at www.quarles.com, and on Twitter, LinkedIn and Facebook.

The risk of personal information falling into the wrong hands is something we all worry about.

The Lee County Solid Waste Division provides secure document shredding services to Lee County businesses at the Lee County Resource Recovery Facility at 10550 Buckingham Rd., Fort Myers (off SR 82).

For a nominal fee of $35.00/ton ($12.00 minimum fee) you can ensure that your sensitive information has been completely destroyed. Our staff is HIPPA trained. Paper clips and staples do not need to be removed. For additional information and hours of operation call the Lee County Solid Waste Division @ 239-533-8000.

We issue a Certificate of Destruction.

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res gestae | february 2013

legal briefs

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

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These Martindale Hubbell AV-Rated lawyers are skilled in negotiation and mediation, and in representing our clients in binding and nonbinding arbitration in matters of: • Circuit Court Mediation • Commercial and Civil Litigation, including Personal Injury • 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

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples* ©2013 Henderson Franklin Starnes & Holt, P.A.

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11/26/2012 11:55:43 AM

THREE HENDERSON FRANKIN ATTORNEYS ELECTED TO LEE COUNTY BAR YOUNG LAWYERS DIVISION BOARD The law firm of Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that the Lee County Bar Association has elected Attorneys John Miller as President, Shannon Puopolo as Vice President, and Robert Anderson as Treasurer of its Young Lawyers Division.

Miller focuses his practice in municipal and governmental liability defense and professional negligence defense. Miller also speaks and writes frequently before public and private associations on matters of social media and technology in litigation. He serves as co-chair of the Social Networking Committee and Chairman of the Young Lawyers Committee of the Florida Defense Lawyers Association, and is a member of the Defense Research Institute. Miller also serves on the Child Care Center of Southwest Florida Board of Directors. Before becoming a lawyer, he started his career a math teacher for Fort Myers High School. Miller received his undergraduate degree from the University of Florida (B.A., 2004) and his law degree from Stetson University College of Law (J.D., cum laude, 2008). Miller can be reached at 239.344.1310 or via email at john.miller@henlaw.com.

Puopolo concentrates her practice in commercial litigation and, more specifically, handling creditors’ rights in bankruptcy and lenders in foreclosure proceedings. She also represents resident and commercial landlords in eviction and ejectment proceedings.

Puopolo serves as a mock trial coach for Cypress Lake High School. She is a member of the Calusa Inns of Courtand American Bankruptcy Institute. Puopolo received undergraduate degree from Washington University in St. Louis (B.A., 2005) and her law degree from the University of Miami School of Law (J.D., cum laude, 2009). Puopolo can be reached at 239.344.1116 or via email at shannon.puopolo@ henlaw.com.

Anderson concentrates his litigation practice in the areas of personal injury defense and professional liability defense, particularly in the defense of real estate professionals, architects, and engineers. He serves on the City of Fort Myers Imaginarium Science Center Board of Directors and serves as Vice President of the Southwest Florida Claims Association. Before starting his legal career, Anderson spent six years as a non-commissioned officer in the United States Marine Corps Reserve. He received his undergraduate degree from the University of Georgia (B.A., 2006) and his law degree from the University of Florida, Levin College of Law (J.D., cum laude, 2009).Anderson can be reached at 239.344.1132 or via email at robert.anderson@henlaw.com.

For more information on any of these attorneys or Henderson Franklin, please visit www.henlaw.com. res gestae | february 2013

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No one is more adept at handling the complexities of your marital or family legal matter than Andrew A. Bokan. Compassion and skill for resolving disputes are the hallmarks of his experience. Having served as both an attorney and Magistrate, Andrew is uniquely qualified to represent your interests. Entrust your case to the marital and family law team at Knott • Ebelini • Hart.

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Alimony, Custody and Time Sharing Relocation Paternity/Original Child Support and Custody Determinations Domestic Violence Temporary Custody by Extended Family Members

res gestae | february 2013

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sarasota • tampa • fort myers (Satellite) The hiring of a lawyer is an important decision that should not be based upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

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www.meritcourtreporting.net 239.481.1300 Downtown • 2022 Hendry Street Suite 104 • Fort Myers, FL 33901 S. Fort Myers • 6213 Presidential Court Suite 100 • Fort Myers FL 33919 res gestae | february 2013

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on the bench the hon. Alane Laboda Lee Circuit Judge Alane Laboda identifies the many different types of actions within the civil docket as its biggest challenge – and its biggest reward. “I’m constantly switching hats,” she said. Also, the foreclosure crisis has had a quadrupling effect on the circuit’s caseload. Yet the judge finds the division, on which she serves concurrently with the Guardianship division, endlessly interesting. “It keeps you learning new things,” she confirmed.

The Fort Myers native remembers that from a young age she always wanted to become a lawyer. “I never even thought of doing anything else,” she recalled, noting her parents always encouraged her to follow her dreams.

Having received a BA from George Washington University, then her JD from the University of Miami in 1992, she returned to her hometown to begin her career at the State Attorney’s Office in Lee County. Some of the judge’s early experiences from that time have stayed with her, especially the death penalty cases she prosecuted. “When you ask the jury to make that ultimate decision, it leaves a lasting imprint on you.”

Five years later she joined Henderson, Franklin, Starnes, and Holt, P.A., where she practiced as a partner in the areas of tort, insurance and criminal defense until she was appointed by Governor Crist in 2008. She’s worked in a large variety of divisions and geographies within Southwest Florida. “With the exception of Collier,” she said, “I’ve had the distinct pleasure of serving in every courthouse in the circuit.” Through her breadth of experience, Judge Laboda has dealt with people who are “stressed, frustrated and scared.” She noted, “It requires a lot of listening in order to put those people at ease.”

When she’s not on the bench, the judge enjoys spending time with her two daughters, ages seven and nine. |RG|

“When you ask the jury to make that ultimate decision, it leaves a lasting imprint on you.”

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from the bar Jess W. Levins, Esq. Jess Levins’ legal education began long before law school. “For most of my career, I was the person assigned to deal with the outside attorneys involving leases, contracts, litigation, employment agreements, acquisitions, divestitures, start-ups, negotiations, lawsuits and other legal issues,” he explained.

Highlights of his business career include positions as project engineer for Procter & Gamble, chief financial officer for an international business providing mechanical contracting and engineering services to the petroleum and nuclear power industries; majority owner of a Miami-based company that at various times had distribution facilities in Florida, Nebraska, Texas and New Jersey, and 39 retail stores in Florida; and chairman of a member-owned buying group association with approximately 100 member companies. Along the way, he obtained a doctorate and two masters in addition to his undergraduate degree. Finally, he taught for several years as an adjunct professor, then determined it was time to go get the law degree he’d always wanted.

He acquired a Fort Myers law firm in 2006. Today, Levins & Associates, LLC, whose motto is “The Friendly Attorney You Can Talk To…” handles estate planning, wills, trusts, probate, corporate law, real estate, bankruptcy, foreclosure defense and Social Security Disability.

“I truly enjoy working with my clients and want my clients to be able to discuss their needs in a friendly and supportive environment,” said Levins. “I have also had the pleasure of assisting and opposing a large number of fine attorneys that are simply good human beings.”

Levins is the single parent of an autistic child and nearly all of his free time is spent caring for him. He also assists parents in addressing legal issues associated with their special needs children.

Finance, engineering and law are not his only talents. “I grew up on a farm in Plant City, Florida,” he explained. “I can drive a tractor and brand a cow.” |RG|

• Legal Blogs

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res gestae | february 2013

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social scene 2013 bench bar gala at harborside Lee County Bar Association thanks the following Bench Bar Gala event sponsors: Absolute Law, Dellutri Law Group, Henderson Franklin Attorneys at Law, Associates & Bruce L. Scheiner, The Law Firm of Goldstein, Buckley, Cechman, Rice & Purtz, P.A., IberiaBank, CopyLady, and WestLaw

Attorney Carmen Dellutri of Dellutri Law Group was this year’s proud Quarter Moon Sponsor.

Cynthia Duff and her husband Dan Detrick of CopyLady are proud event sponsors.

Pete D’Alessandro, Beth Countryman, Lee Golden and Bill Valenti with IberiaBank, are the proud Half Moon Sponsor of this year’s Gala and annual LCBA sponsor.

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social scene 2013 bench bar gala at harborside

Attorney PJ Scheiner of Associates & Bruce L. Scheiner, was this year’s Music Sponsor.

Attorney L. David Sims of Henderson Franklin Attorneys at Law, a Half Moon Sponsor for this year’s event.

The Gala’s Full Moon Sponsor, Attorney Michael E. Chionopoulos of Absolute Law, with his proud parents, Mr. and Mrs. Ernest Chionopoulos.

Attorney Christopher J. Smith representing The Law Firm of Goldstein, Buckley, Cechman, Rice & Purtz, P.A., a proud sponsor of the Gala.

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social scene 2013 bench bar gala at harborside

Judges J. Frank Porter and Lisa S. Porter

Judge Lee Schreiber, and her husband Joseph Papp

Benjamin Russell of Associates & Bruce L. Scheiner with Judge Richards

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res gestae | february 2013

social scene bench bar gala at harborside

Judges Kathy and Radford R. Sturgis

Judge James R. Adams with his fiance Mary Beth Myers

Judge Josephine Gagliardi with Florida Bar President Gwynne Young

Judge Tara P. Paluck with her husband at the Bench Bar Gala res gestae | february 2013

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social scene 2013 bench bar gala at harborside

Our Once Upon A New Moon III fairy, Stetson University pre-law student, Nichole Lamaritata

LCBA Executive Assistant Lisa Poulin with Attorney Karla Campos-Andersen and her husband Michael Andersen

LCBA 2013 President and Once Upon A New Moon event chair, Attorney Mary C. Evans

Lee County Association for Women Lawyers Holiday Open House at Trini in Private Salon and Spa

Amanda K. Barritt, Shannon Puopolo, and Liridona Sinani

Melissa Cofta, Amanda K. Barritt, Kelly Fayer, and Stephanie Bendeck

Owners of Trini Salon & Spa Chris Gehring and Joe Miller, with LCBA Memberat-Large and President of LCAWL Kelly Fayer.

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res gestae | february 2013

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FAX: 239-332-4066 res gestae | february 2013

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the dish

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res gestae | february 2013

Date Night at

the dish

by Guest Columnist, Mary C. Evans It’s Tuesday night, which means it is adult night at my house, so, I decide, for dinner I will make my favorite: reservations.

This night we decide on Stillwater Grille at the corner of McGregor Boulevard and Cypress Lake Drive. We enter through the first open doors we encounter and find ourselves in the bar. There are high top tables around a room lit with what I call Over Forty lighting. (My preference, especially when it’s close to Botox time.) A waiter greeted us immediately and invited us to sit anywhere. He was equally quick to offer us a drink, which we accepted. Having a preference for Foo Foo drinks, I ordered the Margarita Tini while my Husband stuck with his fave: a rum and coke. Both were yummy and were gone by the time our appetizers arrived.

For starters we chose two items: Spicy Crab Rolls ($11.95) and Seven Tuna ($14.95). The crab rolls were delicious, shredded crab inside lightly fried wonton-like shells with just the right amount of spice. While the crab was delicious, the tuna was outstanding. Definitely some of the more tender tuna we’ve ever had – and we know tuna. Named Seven Tuna because you get seven double-bite sized pieces, they are served in an interesting u-shaped dish with each piece sitting in one of two kinds of sauces, both scrumptious.

It’s time for drink number two. This time I chose the Blue Agave Martini, which is not as sweet as the first, but went down just as easily. A girl definitely can’t go wrong with either of those. Next up was the Caesar salad. My husband and I shared one salad, which, after the appetizers, was plenty for both of us. The salad was good, with generous shredded cheese and yummy croutons, although the dressing was just a little sweet for my taste.

It’s time for drink number three and our main courses. I chose the Pineapple Heaven Martini (which lives up to its name) and the six-ounce prime aged filet mignon ($19.95) with fresh grilled sea scallops ($10.00). The entrees arrive in a sizzling, smoking hot skillet. The steak looks so delicious, covered in a homemade garlic onion sauce, but it is too hot to bite into so I attack a scallop instead. I don’t usually order scallops because they can be chewy if ill-prepared, but tonight I am being adventurous. I am not disappointed. The scallops are lightly grilled and flavorful. The scallops pale in comparison, however, to the first bite of steak. Tender.

Delicious. Hot! Somehow, in spite of the heat, the medium rare steak I ordered is exactly what I bit into. I love filet mignon and I also love garlic so this preparation has to be one of my faves.

I wouldn’t hesitate to do it all over again, except, next time, I’ll wear roomier pants. |RG|

Stillwater Grille (239) 791-8554 • www.StillWaterGrille.com • 13451 McGregor Boulevard, Fort Myers

Live Nightly Entertainment: Wednesday, Friday and Saturday • 2 for 1 Happy Hour Monday - Saturday 3 pm - 7 pm Hours: Sunday - Thursday 11 am - 11 pm • Friday - Saturday 11 am - 1 am res gestae | february 2013

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Office Space Designed by Attorneys for Attorneys • Experience the difference!

• A new feel in luxury Executive Office space • Ideal for the professional seeking sophistication at competitive pricing • In the Heart of Bonita Springs (US 41 and Bonita Beach Rd) • Call to secure one of only 15 suites

(239) 948-1823 Waterford Executive Centre, LLC 27911 Crown Lake Blvd., Suite 201 Bonita Springs, FL 34135

www.waterford-centre.com

WATE1186 RS 3.75" x 4.75" full color ad.indd 1

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res gestae | february 2013

10/12/12 9:13 AM

Pro Bono Spotlight

Rosemary A. Baitson

By Vera Bergermann This month’s spotlight shines on Rosemary A. Baitson who has handled family law matters through referrals from FL Rural Legal Services. Her private practice concentrates on real estate issues and estate planning. Rosemary’s office is located at 2026 Henley Place in downtown Fort Myers, which she co-owns with Attorney Neil Potter. Atty. Baitson first came to Fort Myers in 1977 while in high school. She was a cook and a waitress from 1981 until 1995 when she became a paralegal at Chandler and Potter. Interestingly, Rosemary has been working on the same plot of ground since 1995!

Now, she practices law in a building that she co-owns and had built on that same spot. She graduated from Edison Community College with an A.A. in Arts and an A.S. in Legal Assisting,Florida Gulf Coast University with a Bachelor of Science in Criminal Justice, and Nova Southeastern University with her Juris Doctorate. Rosemary has been spotted in the foreclosure courtroom or, if it is Wednesday morning, in small claims court. When Rosemary isn’t in the courtroom or at 2026 Henley Place, you’ll find her on the family boat with her husband and their schnauzers, Gretchen and Zoe. She also enjoys gardening with ornamental plants. Rosemary’s most memorable moment in the law occurred during one of her first trials after being admitted to the FL Bar. She appeared before the Honorable Jack Schoonover--and she won!

Rosemary follows the credo that we ALL should: “Do the best job that we can do.”

(239) 472-5506 Lee County

(239) 430-1130

Collier County Email: Islandinv@aol.com www.AlliedBizSolutions.com

P.O. Box 427, Captiva, FL 33924 Serving SW Florida Since 1989

Supreme Court Certified, Circuit, Civil, Family, County and Dependency Mediator

Mediation in:

Florida Bar Member for 35 Years

• Personal Injury

Available to Mediate throughout the 20th Judicial Circuit

• Real Estate

Competitive in Rates No Charge for Travel

• Family Law

• Probate • Foreclosure • Business and Contract Disputes

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calendar of events

FEBRUARY 2013

1 14

march 2013

YLD Lunch Meeting 12:00pm at French Connection with John Miller, YLD President & 15 20TH CIRCUIT MOCK TRIAL Sponsors: Associates & Bruce L. Scheiner, PA; Henderson Franklin

21 22

Starnes & Holt, PA; Law Office of Miguel C. Fernandez, II, Binns Family Law, Law Office of Karla Y. Campos-Andersen, P.A., Cape Coral Bar Association

THIRD THURSDAY SOCIAL 5 - 7 PM. Location: TBD. Sponsor: CopyLady Membership Luncheon Honoring our Past Presidents. 11:45 – 1:00pm

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at Royal Palm Yacht Club, 2360 West First Street, Fort Myers. Debut of our Lee County Bar Association History in the Making DVD. Sponsors: Patrick Von Ahn of Fort Myers Interactive; Henderson Franklin Starnes & Holt, PA; Strayhorn & Persons, PA

executive council meeting 5:15 pm. Mary Evans’ Law Office. Practice Section and Committee reports due. Send in advance to admin@leebar.org

28

LAND use AND GOVERNMENTAL LAW PRACTICE SECTION LUNCHEON MEETING Russell Schropp, Chair. Noon. Location Lee County Public Works

7 16

8 & 9 State mock trial

judge lundy’s bar-b-q Sponsors: CopyLady; Henderson Franklin Starnes & Holt, PA,

26 27

IberiaBank, WestLaw

passover - lcba office closed

executive council meeting 5:15 pm. Mary Evans’ Law Office. Practice Section and Committee reports due. Send in advance to admin@leebar.org

28

LAND use AND GOVERNMENTAL LAW PRACTICE SECTION LUNCHEON MEETING Russell Schropp, Chair. Noon. Location Henderson, Franklin, Starnes & Holt, P.A. - Conference Room #1

29

good friday - lcba office closed

the lee county land use bar 2013 schedule Meetings will take place from 12:00 pm - 1:30 pm Except for dates highlighted in green, meetings will be held at Lee County Public Works 1500 Monroe Street, Ft. Myers, FL 33901 1st Floor Large Conference Room Thursday, January 31

NO MEETING - JUNE

Thursday, February 28

Thursday, July 25

Thursday, March 28 at Henderson Franklin (CR #1)

Thursday, August 29 at Henderson Franklin (CR #1)

Thursday, April 25

Thursday, September 26

Thursday, May 30

Thursday, October 31

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org 40

res gestae | february 2013

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

100 Club Aloia Roland & Lubell, LLP Andrew S. Epstein, P.A. Arend & Sisk, P.A. Bonita Springs City Attorney’s Office Costello Royston & Wicker, P.A. Boyle Gentile Leonard & Crockett P.A. Bruno & Prado, PLLC Burandt, Adamski & Feichthaler, P.L. Calvo & Calvo Coleman & Coleman Engvalson & Associates, P.A. Fowler White Boggs, P.A. Freidin • Dobrinsky Fried & Fried, P.A. Geraghty, Dougherty, Edwards, P.A. Green, Schoenfeld & Kyle, LLP Goldberg, Racila, D’Alessandro & Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grace Crawford Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. Hersch, Kinsey & Hill, P.A. Joseph R. Gaeta, P.A. The Law Offices of Kevin F. Jursinski, P.A.

Kushner & Kushner Lee County Legal Aid Society, Inc. Luis E. Insignares, Attorneys at Law The Livingston Law Firm Martin Law Firm, P.L. The Law Firm of Scott T. Moorey Neaher & Teuber, PL Norma Hand Brill, P.A. North Law Firm, P.A. The O’Brien Law Firm O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Prather and Swank, P.A. Andre J. Patrone, P.A. Pavese Law Firm Phoenix Law Partners, P.A. Rubinstein & Holz, P.A. Sheppard, Brett, Stewart, Spivey Law Firm, Personal Injury Attorneys PA Steinberg & Linn, P.A. Strayhorn and Persons, P.L. Thompson Family Law, P.A. Toll Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Weldon & Rothman, P.L. The Wilbur Smith Law Firm, PLLC Yeslow & Koeppel, P.A.

Knott Ebelini Hart 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.

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Referral Fees Paid Many businesses that did not know they could make a claim are now included in the proposed BP Oil Spill Settlement.

Your clients may qualify for compensation, even if their business is located in town and not on the beach. Businesses may include: Gasoline Stations Sporting Goods Stores Department Stores Gift and Souvenir Stores Taxi Services Restaurants

Airport Operations Tour Operators Travel Services Museums Salons & Spas Historical Sites

Retail Stores Zoos and Gardens Hotels and Motels Bed and Breakfast Inns Snack Bars Local Attractions

res gestae

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 www.leebar.org

Choosing a community bank with conservative management is critical in times like these. As the oldest community bank in Lee County, we are unwavering in our commitment and service to our customers and our community.

See us for a business loan or fixed rate residential loan to purchase or refinance. We have competitive interest rates and now is the time to borrow while rates are historically low!

We make banking about YOU!

From left: Robbie Roepstorff, President; John Ammons, Cleveland Avenue Office Manager; Leah Kirby, River District Office Manager; Kim Nyberg, Lender; Pam Edwards, Lender; Willy Ocasio, Captiva Office Manager; Rob Lisenbee, Sanibel Office Manager; Geoff Roepstorff, CEO

13000 S. Cleveland Ave. Fort Myers, FL 33907 239.466.1800

2105 First St. Fort Myers, FL 33901 239.334.4668

www.edisonnationalbank.com

1699 Periwinkle Way Sanibel Island, FL 33957 239.472.7211

14812 Captiva Drive Captiva Island, FL 33924 239.395.0248

www.bankoftheislands.com An Equal Housing Lender/Member FDIC Bank of the Islands is an office of Edison National Bank.