Res Gestae - March 2014

RES GESTAE

THE OFFICIAL PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

MARCH 2014

Quality Life Center An Oasis of Opportunity

Going With The Flow

Turbulent Times for our Waterways SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

Thanks for your support!

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Contents features

23

departments

Going with the Flow Determining the next 100

years of Florida’s waterways

by Sara Fitzpatrick Comito

6

Letter from the President

8

Letter from the Editor

by John D. Agnew, Esq.

by Nanci DuBois

10 Calendar of Events

Introducing

The Real Estate Section, Page 35!

BUY, SELL, LEASE & Find Other Valuable Real Estate Related Services

23

12 Family Law Matters

Estoppel in Family Law Cases

by Luis E. Insignares, Esq.

16 Professionalism

20th Judicial Circuit Implements

Local Professionalism Panel

by Henry Lee Paul

18 Terry’s Take on Things

“Appearance” Lawyers

No News! Some Thoughts

by T. Rankin Terry, Jr.

20 Community Connection

Quality Life Center

Featuring Mark A. Ebelini

by Sara Fitzpatrick Comito

26 The Dish List

27

Where to Meet and Eat

27 The Dish

Royal Palm Trattoria

30 Thank You!

Mock Trial a “roaring success”

by Patrick R. Hanrahan, J.D.

31 Legal Lens

Social Scene Photos 32 On the Bench

36

Hon. Nicholas Thompson

33 From the Bar

Scott T. Moorey, Esq.

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EXECUTIVE EDITOR Nanci DuBois 239.334.0047 ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux LAYOUT AND DESIGN Kat Godina ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Sara Fitzpatrick Comito Nanci DuBois John D. Agnew, Esq. Patrick R. Hanrahan, J.D. Luis E. Insignares, Esq. Henry Lee Paul T. Rankin Terry, Jr. 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: Sawyer Smith, Paul Giordano, Rep. Heather Fitzenhagen and Mayor Randall Henderson gather at the Imaginarium to highlight waterways issues

36 Legal Briefs

Cover Photo: Connie Ramos-Williams

News and Happenings

Correction

In the February issue of Res Gestae, we misspelled Judge Archie Hayward’s last name in a photo caption for Legal Lens. We regret the error.

RES GESTAE | March 2014

239.334.0047 resgestae@leebar.org

35 Real Estate

4

re s g e s ta e

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

Copyright© 2014. Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association. To inquire about such permission, please contact Nanci DuBois, Executive Director of the Lee County Bar Association at info@leebar.org.

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Note from the President We strive to serve as a leader in advancing ethical conduct, excellence, and the professionalism of our attorneys by providing ongoing legal education in support of our members, fostering an environment of public responsibility among legal professionals and promoting our legal system and resources within our community.

This is the LCBA’s mission. The first portion of our charge is summarized as being to provide CLE opportunities. In response, we keep a CLE library available to all our members and also hold live CLE’s in conjunction with many of our practice section and monthly general membership meetings.

The second portion of our mission is more complex. “Fostering an environment of public responsibility among legal professionals” starts with encouragement of pro bono efforts. It goes further, though, and envisions us, as attorneys, weaving ourselves into the fabric of the community. At our monthly lunch meetings this year, we are permitting one non-profit per month to set up a table and/or speak briefly to our membership about their mission. We are providing these groups with exposure for the mutual benefit of the organization and our members, in furtherance of our mission. If you are not already fully engaged in other community endeavors, we hope you will consider volunteering your time and talents with one of these worthy organizations.

“Promoting our legal system and resources within our community” asks us to educate our fellow citizens about the rule of law and our system of justice.

We strive to meet this part of our mission in many ways. Some of our staples include Mock Trial, Law-in-the-Mall and teaching the Constitution in local schools. As I write this, we just completed the County portion of Mock Trial. I am proud to say many involved said it was the best of any since its inception.

Mary Evans deserves the hat-tip for that praise, as she did a wonderful job chairing and organizing the event this year. I am also proud we just completed an inaugural event between the LCBA and Junior Achievement, spearheaded

by Christina Schwinn and Renee Binns. It provided a group of 20 high school students the opportunity to tour the courthouse and jail and interact with personnel at all levels. It was so successful, plans for next year have already begun.

If you have ideas for other new events or ways to further improve any of our staples or you wish to volunteer, we welcome your participation. I encourage you to approach anyone referenced in this column or who has coached or judged at Mock Trial, participated in Law-in-the-Mall or taught the Constitution.

You will universally hear community outreach is incredibly rewarding for everyone involved. It is also a key part of our mission.

John D. Agnew, Esq. john.agnew@henlaw.com | (239) 344-1364 6

RES GESTAE | March 2014

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

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

YOUNG LAWYERS DIVISION PRESIDENT Shannon Puopolo, Esq.

COMMITTEES HISTORY E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. LAW RELATED EDUCATION Jaime Maurer, Esq. & Scott Atwood, Esq. LAW WEEK Hon. John S. Carlin MOCK TRIAL Mary C. Evans, Esq. PAST PRESIDENT Mary C. Evans, Esq. PRO BONO Audrey Singelton, Esq. & Katie Berkey, Esq. MEMBERSHIP Carlos Kelly, Esq. SOCIAL EVENTS Amanda Mitteer-Bartley, Esq. & Theresa Daniels, Esq.

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

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Letter from the Editor While we’re working on building our members’ practice up with CLEs and such, we also have some recreational events coming soon, where you can mingle and munch and generally have a good time.

Our Social Committee is putting together some great stuff, so don’t miss out on getting involved with us for a Walk/Run/ Wheel event at Lakes Park in June, and these events coming up even faster: The Bar at the Ball Park comes your way this month on March 9th at Hammond Stadium, with a great outdoor tailgate and baseball afternoon. The Twins vs. Phillies will be a fun way for us to get together, and there’s more fun coming your way, too! Get your tickets before we’re sold out of these home plate seats!

Then, our “Once Upon a New Moon IV” Bench/Bar Gala on April 12th at Harborside has all the elements of a glittering, glamorous black-and-white night, with fine dining, cocktails and dancing. Mary Evans, Event Chair, has put together another winning night honoring the membership and the judiciary.

Thanks to our Title Sponsors, Henderson Franklin Starnes & Holt, PA. During this event, we will have a special drawing! One of our most loyal sponsors, CopyLady, has been promoting sale of chances to win a copier that would grace anyone’s office with function and reliability. I know, because we have the same model in our Lee County Bar Association offices. Stop by the Bar office to purchase your chances to win this great prize before the drawing on the night of the Gala, or purchase from Cynthia Duff, The CopyLady, at the membership luncheon on March 21. The winner, or the winner’s delegate, must be present to win, so hang onto those chances and make sure you’re at the Gala!

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239-939-5383 WIN a Copier Valued at $6,500 (tailored for attorneys with software designed for law firms) to be raffled off at the Bench Bar Dinner in April 2014 Tickets Available for $5 each May also be purchased at Member Luncheons

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

RES GESTAE | March 2014

AD DIRECTORY Allied Business Solutions 17 Ave Maria School of Law IBC Barbara Pizzolato 15 Boyle, Gentile, Leonard & Crockett, PA 9 Business Observer 38 Calvo & Calvo Attorneys at Law 13 CONRIC PR & Marketing | Publishing 33 CopyLady IFC Dan Hopkins & Associates L.L.C. 13 Dial-a-Nurse 19 Donna Tisch 38 Edison National Bank BC Fort Myers Court Reporting 11 Frank Jean LMT 11 Frank W. Piazza 22 Fowler White Boggs 9 Garvin Law Firm 13 Goldberg, Racila, D’Alessandro & Noone, LLC 11 Gregory N. Woods 22 Heather FItzenhagen 32 Henderson, Franklin, Starnes & Holt, P.A. 10 Hendry Street Partnership 35 Henry Lee Paul, P.A. 34 Hotel Indigo 26 Jason L. Gunter, P.A. 17 Katharyn E. Owen, Esq. 15 Kempton P. Logan 9 Kuhn Law Firm 19 Kushner & Kushner Attorneys 14 Law Firm of Scott T. Moorey 37 Legal Aid Society 16 Leonard P. Reina 14 Leslea Ellis, LLC 30 Levins & Associates, LLC 22 McHale Properties 35 Merit Court Reporting, Inc.© 15 Musca Law Office, Inc. 3 Mutual of Omaha Bank 36 Patterson, Eskin and Ball 35 PAYCHEX 14 Royal Palm Trattoria 27 She Sings for Chocolate 7 Spivey Law Firm, P.A. 5 Stephan, Cole & Associates 35 TAC Investigations 26 T3 Communications 19 The Livingston Firm 26 Veranda Restaurant 27 Von Ahn & Associates

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Calendar of Events CELEBRATING 90 YEARS: 1924 – 2014

When it comes to mediation and arbitration, we understand.

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Adding Value; Adding Exposure A “Vendor Expo” will surround the meeting room for each Membership Luncheon Meeting of the Lee County Bar. Visit the tables of those who provide services and products our legal community uses, and learn more!

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David L. Cook Florida Bar Board Certified Real Estate Lawyer Supreme Court Certified Circuit Civil Mediator

L. David Sims Florida Bar Board Certified Marital and Family Lawyer Certified Family Mediator

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RES GESTAE | March 2014

* By appointment only

The Connection Bar and Grill upstairs Noon

The Bar at the Ballpark!

Minnesota Twins vs Philadelphia Phillies, at Hammond Stadium (Tickets on sale now! $35 per person)

RPPTL Brown Bag Noon, details TBA

Family Law Practice Section Lunch Meeting

Noon, Courtroom 5C, 5th FL Justice Center, Topic TBA

LCBA Membership Meeting

11:45-1 at The Edison, featuring “President’s Luncheon” and continuation of screening the video of Fireside Chats with Our Presidents

Practice Building Workshop with Paula Black 1-4pm ($125– Members; $175—Non-Members)

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Executive Council Meeting

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Land Use & Governmental Law Practice Section Lunch Meeting

Apr 12

SAVE THE DATE! Once Upon a New Moon IV Bench/Bar Gala

Apr 17 Apr 23

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:

Young Lawyers Division Lunch Meeting

Apr 26

Noon at Henderson Franklin Starnes & Holt, PA,

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Title Sponsor: Henderson Franklin Starnes & Holt, PA RSVP: Register online at www.leebar.org or e-mail admin@leebar.org

Family Law Practice Section Lunch Meeting

Noon, Courtroom 5C, 5th FL Justice Center, Topic TBA

Executive Council Meeting

5:30 -6:30, Henderson Franklin Starnes & Holt, PA

Law in the Mall

10 – 2, Edison Mall, Fort Myers. Volunteer attorneys connect with Ryan O’Halloran today!

rs ertise . v d a r BA Ou he LC est to t t r o supp do our b n! retur e let’s Pleas rt them in suppo Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events.

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11

Family Law Matters

Estoppel in Family Law Cases

By Luis Insignares

In the immediately prior edition of this column we looked at Section 61.011, Florida Statutes (2013) and noted that although the statute contains but seven words, the provision could provide a powerful “secret weapon” applicable to any number of factual scenarios. Those seven words are: “Proceedings under this chapter are in chancery.”

As a result of Section 61.011, equitable claims and defenses are applicable to family law proceedings brought under Chapter 61, which include divorce, child custody and timesharing, and child and spousal support cases. In the prior installment, we noted the dozen or so equitable “maxims” or general rules (a number of which overlap or are slightly more specific iterations of each other) which thus become applicable to Chapter 61 proceedings. And of course the primary statutory remedy for determining the property rights of divorcing parties is called “equitable distribution” for a reason.

The equitable concept of estoppel is also applicable, and is extremely broad. “The doctrine of estoppel prevents a party from making an argument or asserting a right in court that is inconsistent with facts or legal conclusions that the party has previously represented to be true.” Steven Scott Stephens 23 Fla. Practice: Florida Family Law § 5:15 (online; database updated June 2013). In Blanchard v. Blanchard, 844 So.2d 805 (Fla. 4th DCA 2003), for example, the former husband sued to have his alimony duty ended, arguing that the alimony 12

RES GESTAE | March 2014

statute was unconstitutional. The appellate court affirmed the trial court’s denial of the claim, holding that, having agreed to pay alimony in a contract which also divided the parties’ property, the appellant was estopped from later asserting that the alimony provision was unconstitutional.

Similarly, in a proceeding on a divorced wife’s motion to have her ex-husband held in contempt for nonpayment of alimony, the former husband was estopped from questioning the validity of an order (which had vacated a prior order dismissing the petition for modification of alimony), because the former husband had actively sought the vacating order, and had benefitted from it by virtue of the fact that such order also reduced alimony payments. See, Kilmark v. Kilmark, 366 So.2d 794 (Fla. 2d DCA 1978).

It should be noted that a potentially inequitable application of estoppel in family law matters has been specifically prohibited by, of all things, a rule of appellate procedure. Rule 9.600(c)(2) states “The receipt, payment, or transfer of funds or property under an order in a family law matter shall not prejudice the rights of appeal of any party.” Thus a payee spouse may receive alimony or child support, and need not “do without” (i.e., starve), during the pendency of an appeal, without being held estopped to question the validity or amount of the award.

Perhaps one of the most common applications of estoppel in family law comes in parentage determinations (despite that Continued on page 14

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Family Law Matters Continued from page 12 same are often proceedings under the paternity chapter rather than Chapter 61). In paternity and support cases, a parent or quasi-parent may be estopped to deny a child’s parentage as a result of his or her actions affecting the child. See, e.g., C.C.A. v.

J.M.A., 744 So.2d 515 (Fla. 2d DCA 1999) review granted, 762 So.2d 916 (Fla. 2000) and, review dismissed as improvidently granted by J.M.A. v. C.C.A., 803 So.2d 705 (Fla. 2001)(legal father of child born during marriage was equitably estopped from denying child’s parentage after holding child out as his own). Similarly, in S.W.T. v. C.A.P., 575 So.2d 806 (Fla. 4th DCA 1991), the appellate court concluded that a mother’s actions holding her child out as her husband’s biological child estop her from seeking evidence that another man is the child’s biological father.

Although the above cases arose in scenarios where the parents (or purported parents) were married, the concept applies within or without coverture. See, e.g., Klingensmith v. Kuhn, No. 12237 C.D. 2005, 80 Pa. D. & C. 4th 135, 2006 WL 4405782 (Pa. Ct. Com. Pl. August 10, 2006)(third party estopped to compel paternity testing after three years when unwed couple assumed parental responsibility through putative father’s acknowledgement of paternity.); Diana E. v.

Angel M., 799 N.Y.S.2d 484, 20 A.D. 3d 370 (N.Y. App. Div.

2005)(unwed putative father who listed himself as child’s father on birth certificate and lived together with mother and child as family estopped from seeking to disprove paternity; fact of “no legal relationship to child” resulting from not marrying mother did not preclude estoppel); Division of Child Support Enforcement/G.D. v. B.M.C., No. CK98-03817, 04-05228, 2005 WL 3560874 (Del. Fam. Ct. April 14, 2005) (putative father of out-of-wedlock child estopped from denying paternity and undergoing paternity test where he had placed his name on birth certificate and acknowledged child as his).

If your opponent has changed positions or made misrepresentations regarding a dispute, consider whether estoppel might apply. RG

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15

Professionalism

The 20th Circuit continues to be in the forefront of efforts to enhance professional conduct among attorneys. The Supreme Court has sent a strong message that it expects members of the bar to practice with professionalism. The Circuit Professionalism Committee (See Administrative Order 2.34), chaired by Chief Judge Rosman, is strongly committed to this effort.

Judge Rosman introduced a proposed amended administrative order No. 2.20 at the quarterly Circuit Professionalism Committee meeting, on January 16, 2014. The proposed amendment will implement the June 6, 2013 Supreme Court opinion in In Re: Code For Resolving Professionalism Complaints, 116 So. 3d 280. (Fla. 2013).

The proposed order received favorable comment from members of the Committee. Formal adoption of order is expected to occur after a 30-day comment period.

The order will be available for review on the website for the 20th Judicial Circuit. (www.ca.cjis20.org). Additionally, the local professionalism panel administrative orders for each circuit will be posted on The Florida Bar website. As of the writing of this article, the 20th Circuit will be one of eleven circuits to have implemented the Local Professionalism Panel as required by the Supreme Court.

The procedure established by the proposed order will facilitate enforcement of the Standards of Professionalism, as identified in the Supreme Court Order. In addition, the proposed order continues to require all lawyers to comply with the “Standards of Professional Courtesy and Conduct for Lawyers practicing in the Twentieth Judicial Circuit.”

The 20th Circuit Professionalism Panel will consist of the nonjudicial members of the Circuit Professionalism Committee (The President of each County Bar Association, The State Attorney, The Public Defender, The Second District Criminal Conflict and Civil Regional Counsel, and an at large attorney appointed by the Chief Judge). Membership of the Panel will be posted on the Court website.

Although similar in concept to the former Peer Review Committee, the process will now be available for any person (including nonlawyers) to make a complaint about lack of professionalism, either directly to the Local Panel, or to The Florida Bar. It is suggested, but not required, that a complaint be made on the form provided by the Panel. The Panel does not have disciplinary authority, but may refer a complaint to The Florida Bar if the matter appears to involve a violation of The Rules Regulating The Florida Bar. The Florida Bar may refer a professionalism complaint to the Local Panel if a more informal resolution is appropriate.

The goal of the Panel is to “improve the level of professional performance and competence” of lawyers who practice in the Circuit.

The Panel procedures are intended to provide “an educational, informal, non-punitive program for the practice of law.”

16

RES GESTAE | March 2014

Upon receipt of a complaint, a response may be requested from the lawyer complained about. Absent extenuating circumstances, the Panel will be expected to resolve the complaint within 90-days.

If the Panel concludes that the conduct did not comply with the Standards of Professionalism or the 20th Circuit Standards, the Panel may consider a wide range of informal counseling, including referral to a member of the bar for mentoring, or other appropriate remedial or educational action.

The Panel may also provide a redacted summary of the conduct and action by the Panel to each County Bar Association, for publication in their newsletter. The names of the complainant and the lawyer receiving the complaint will be redacted. The redaction of the names of the parties emphasizes the intent to have an informal proceeding.

The purpose is intended to educate members of the bar, not to embarrass those who have received a complaint. The Panel will also be required to make quarterly reports to the Florida Supreme Court summarizing the matters considered and action taken by the Panel.

As members of The Florida Bar, we can all do our part to practice with professionalism if we strive to comply with the Oath of Admission to The Florida Bar, which states in part, “To opposing parties, and their counsel, I pledge fairness, integrity, and civility…” RG Henry Lee Paul is a member of the Supreme Court Commission on Professionalism and the Standing Committee on Professionalism. He is a former Bar Counsel and his law practice involves primarily defending lawyers. Special thanks to Suzanne J. Ederr, General Counsel, Administrative Office of the Courts, Twentieth Judicial Circuit, for contribution to this article.

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17

Terry’s Take On Things

I was sure that the January 2014 Committee Meetings would yield definitive news. More interest groups have weighed in. To the volume foreclosure bar, have been added large firms who have associates who “cycle through” cases, the criminal bar, and the clerks’ association (primarily due to e-filing.

The volume foreclosure firms with the client contracts want to avoid the expense of sending their employee lawyers to hearings; the “appearance lawyers” want to keep the volume “appearance practice” with the least malpractice exposure for the cases’ 99.9% that they have no part in at the lowest possible cost; large firms who cycle associates through cases do not want the expense of withdrawing associates as they leave the firm or are assigned to other work; the criminal bar (with severely prejudicial rules, e.g., the speedy trial rule) want to keep the low cost, current practice without the malpractice liability; and the clerks’ e-filing programs require electronic addresses for “appearance lawyers” whose names appear in the Clerks’ Minutes for the hearings they attended.

The Rules of Judicial Administration (RJA) Committee’s Subcommittee came up with a complicated revision. The whole issue was referred back to the Subcommittee – which usually results in delay. The Supreme Court will have to decide whether or not to “advance it on the docket.”

Terry’s thoughts: There are several “givens:” one, the Court and the Bar are unlikely to start directly regulating law firms; two, due to one, the Court is unlikely to sanction (in spite of many judges allowing it, directly and indirectly) law firms representing parties before the court; three, e-filing has made filing the paper work necessary to appear and withdraw much cheaper and easier (“iPad enabled”); and, four, unless a withdrawal results in a party “going pro se,” filing party/client consent is not needed. Something like the following may come to pass: Rule of Judicial Administration 2.505 … (e) Appearance of Attorney. …

(3) Before actual appearance or as soon thereafter as 18

RES GESTAE | March 2014

practicable Bby filing with the court and serving on all parties who have appeared by counsel or pro se a notice of appearance as counsel that has already appeared in a proceeding pro se or as co-counsel for a party that has already appeared in a proceed by non-withdrawing counsel a Notice of Appearance as counsel or co-counsel.

(4) Limited appearances are not allowed. Only individual attorneys may appear as counsel in a proceeding. Law firms however described are specifically prohibited from appearing; however their names may be used in addresses. (f) Termination of Appearance of Attorney.

(1) Withdrawal of Attorney. With the party’s consent, unless the party will be rendered pro se thereby, without order of court an attorney may withdraw by filing and serving on their co-counsel and all parties who have appeared by counsel or pro se a Notice of Withdrawal as of a certain time and date stating the party’s consent (which need not be filed). The withdrawal will be effective as stated in the notice. If the party will be rendered pro se by the attorney’s withdrawal B by order of court ….(continue the existing rule)…. [“filing” and “serving” are defined in RJA 2.516 & 2.525] RG

T. Rankin Terry, Jr., BSME (Kentucky), JD (Washington Univ. St. Louis), LLM (Tax) (Florida), has been board certified in Civil Trial since 1983 and a Certified Mediator since 1994. He has practiced in Fort Myers since 1972.

Email: trterry@gmail.com.

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19

Community Connection

Magic Johnson was surrounded by kids of the “Q” on February 12, 2014, when he made his first Fort Myers appearance to help raise funds to support the Quality Life Center.

Photo courtesy of Connie Ramos-Williams

An “oasis of opportunity, learning and growth.” Most of us might not have had the same impression upon stepping into a dilapidated drug den that had recently been seized by the federal government.

Then again, not everyone can claim the visionary power of Abdul’Haq Muhammed. It’s a source of inspiration for Attorney Mark Ebelini, who has stood by Mr. Muhammed, as he calls him, throughout Featuring Mark A. Ebelini most of the journey to make the Quality Life Center the very oasis it is today. He was there with him when the former Club 21 Liquor Store and Lounge was deeded to the “Q” in 1997 by the Marshall for the Middle District of Florida. He served as Chairman of the Board of Directors for 10 years. Today, Ebelini is a trustee for that beloved organization and bears witness to a dynamic and empowering legacy.

The ramshackle building had continued deteriorating during a five-year appeal process following its forfeiture. A casual visitor wouldn’t guess at the structure’s checkered past, however.

Prepare to be greeted with swaths of cheerful colors, manicured landscaping, Dr. Seuss-inspired murals and lots of smiles. You are also likely to meet at least one volunteer who came here as a child, went on to be successful in career or family life then returned to pay it forward for other young people.

The Q started off with Mr. Muhammed teaching martial arts to at-risk youth, mostly from the Dunbar community, in a rented space in the STARS Complex. Today, services have expanded to include after-school enrichment programs, early education, summer camp and teen leadership training. Meditation classes cultivate awareness and focus in children who may not have 20

RES GESTAE | March 2014

By Sara Fitzpatrick Comito

otherwise experienced a lot of calm. Children at the center are given an opportunity to break the cycle of poverty. Some of them have witnessed shootings. A few of them have a parent who is behind bars. Many have parents who are trying the best they can, but rely on the Q to supplement the nurturing they’re able to give.

Mr. Muhammed still teaches martial arts as a characterbuilding discipline. The practice is considered the beating heart of the place. The Q has a lot of heart. Doesn’t it seem like when a lot of heart is involved, opportunities and good fortune appear out of nowhere? Around the same time the organization was deeded the building on Dr. Martin Luther King, Jr. Blvd, the sheriff ’s office found a bag of money near Shell Point Road.

Then-Sheriff McDougall was able to secure that treasure from the federal government by directly correlating the Q’s mission and activities as fulfilling a law enforcement purpose.

“Crime affects the entire community,” Ebelini said. Instead of focusing on increasing the number of police on the street, he suggests that providing guidance early on in life can help a lot of folks realize their potential and stay out of the system.

People naturally gravitate toward good organizations. State Attorney Stephen Russell was on hand to help with the original renovations. Today he serves on the Quality Life Center’s very active Board of Directors.

The night before this writing, Magic Johnson was in town to raise funds for the Q. In a Fort Myers News Press article from Feb. 12, Magic said, “Kids need a place to go to where they feel safe but also one that can give them the proper tools to navigate through life. It’s usually these organizations that really help communities grow and get better, especially those individuals that live in and around them.” He should know – the former NBA star now owns a $700-million business, which works to improve underserved urban areas. He attributes an urban community center in Lansing, Mich. with helping him realize his potential.

Community Connection

Side by side view of before and after refurbishment of Quality Life Center building

The Magic Johnson event was quite a party, but it was held in response to a very urgent need. For all its past good fortune and success in delivering on its mission, the Q owes its bank a $900,000 payment on its mortgage due this month, and is facing foreclosure. At the event, Magic announced he would invest $100,000 into the organization. At press time, proceeds from ticket sales and sponsorships were still being accounted for and the Q was negotiating with the bank. Any organization that can transform a blighted building that once housed narcotic trafficking and prostitution into a haven for children’s futures has got to make it, right?

When Ebelini came here in 1981, Lee County was considered one of the most segregated areas in the country.

He was cautioned to roll up his windows as he drove through the area where the Q is now. While things are far from perfect, he doesn’t really think about having his windows down anymore. Governor Bush and other elected officials have toured the center and expressed their delight with the quality of the programming, services and facility. “A day doesn’t go by that the Quality Life Center doesn’t improve the community,” said Ebelini.

While the funding situation is still uncertain, the Q always has a need for volunteers. Ebelini promises you’ll be hooked, just as he was. “These kids are inspired by what they’re experiencing,” he said. “There really isn’t much better than that.” RG

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RES GESTAE | March 2014

Going with the

Flow

by Sara Fitzpatrick Comito

People have always had a troubled relationship with the waterways resources of south Florida. In 1905, living up to his imperialistic namesake, then-governor Napoleon Bonaparte Broward effectively conquered the Everglades.

Pulling the plug on the River of Grass made it possible to graze cattle, grow crops and build cities. Today, our flood control measures represent a feat of engineering renowned as a model of effective water management throughout the world. The Everglades, once 11,000 square feet, is now half that size. What lies ahead for the next 100 years?

Most of us reside in Southwest Florida because it’s a privilege to call this watery playground home. How can people live in balance with such a fragile ecosystem that’s already been so changed by our activities? We find ourselves at a tipping point, but for once public awareness is beginning to reflect the urgency. Citizens, government

officials, conservation agencies and educational institutions increasingly are singing the same refrain: we can’t keep this up forever.

To highlight the opportunity presented by the new consensus between traditionally disparate interests, and given the observable signs that the health of our waterways is deteriorating, The Imaginarium Science Center has declared “Underwater Wonders” the theme of its annual gala fundraising event on March 29. In advance of that exciting and important event, Res Gestae invited a handful of government officials along with LCBA members representing conservation concerns to explain the issues facing our waterways, and what can be done to live in harmony with our natural environment. What better place than the Imaginarium – that place with the tall blue water tower – to discuss the future of our waterways?

March 2014 | RES GESTAE

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Please release me

Those of us living along the banks of the Caloosahatchee know by now that fresh water releases from Lake Okeechobee during the rainy season are among the most notorious of the waterways issues we face. Attorney Paul Giordano is president of the Coastal Conservation Association of Florida, which aims to conserve, promote and enhance Florida’s coastal resources for the benefit and enjoyment of the general public. He explained, “These massive discharges of nutrient rich fresh water do a few things: they lower the salinity of the Pine Island sound estuary and kill off sea grasses; they increase the nutrients in the water due to high concentrations of fertilizer run-off from farming and residential communities, which cause algae blooms and severe red tide; and the vegetation that is caught up in these releases clog up the canals along the river and create foul smells and promote more algae outbreaks."

For better or worse, it’s a lasting legacy of Floridians’ need to alter the behavior of water in order to live near it.

The engineering hubris of the past requires engineering smarts in the present. “When you have something of this environmental magnitude, you’re going to have to deploy the highest level of skill,” explained Fort Myers Mayor Randall Henderson. A high level of skill never comes with a small price tag, so he, along with mayors of nearby cities, is actively engaged in attempting to procure the necessary funds from the federal government to mitigate the adverse effects of the releases.

Representative Heather Fitzenhagen acknowledged that in the past, policy often failed to rise to our environmental challenges because we were distracted by other priorities.

That’s changing, however. “Over the years, we have allowed

Representative Heather Fitzenhagen, House Liaison on the Select Committee on Indian River Lagoon and Lake Okeechobee Basin

24

RES GESTAE | March 2014

ourselves to fall into an out of sight, out of mind mentality,” she said. “I plan on working with my colleagues to find creative ways to combat our water issues that will result in noticeable results. Not later, but now!”

Channeling progress

Citizens are increasingly engaging policymakers on the issues of waterways welfare, according to Florida Senator Lizbeth Benacquisto. “Our elected leaders in Tallahassee are more aware than ever that we have to take a comprehensive, statewide approach when it comes to water management.”

As the wellbeing of our state’s animals, plants, soil, air and people are all interconnected, the problems we face with our waterways didn’t pop up in isolation. Even before European settlers arrived here, human beings endeavored to populate these lands characterized by floods, hurricanes and droughts. Our current conditions recall a more-recent history characterized by state, federal and local agencies exerting control over natural resources. After the devastating hurricane of 1926, which killed more than 200 people and wreaked enormous economic havoc, construction projects under the state-run Everglades Drainage District (yes, that was the name of an actual agency) gave way to federal interests. The Corps of Engineers became a feature of the landscape and under President Hoover proceeded to severely alter the flow of the Caloosahatchee using a series of levees and other structures.

Even the best intentions often have unintended consequences. “For one thing,” Giordano said, “Pine Island Sound and even the river itself was once the most productive estuary in the Gulf coast. Just look back at our area’s history and you will see the importance the resource (fishing) has played. It all started going downhill when the Army Corps

Attorney Paul Giordano is president of the Coastal Conservation Association of Florida

of Engineers started dredging and straightening the river.”

According to Attorney Sawyer Smith, president of local non-profit Save Our Waterways, “We need Washington and Tallahassee to fix the problems they're responsible for – including the myriad issues surrounding Lake Okeechobee – to ensure the policies we implement locally will be effective in protecting our environment and economy.”

Consensus abides

Causality aside, the ayes have it that there are serious threats to our waterways – and our way of life. “We have this groundswell of elected officials laser focused on this, reaching out to those in power so we can inspire swift, calculated action,” Mayor Henderson affirmed.

It’s not an issue taken up by rabid environmentalists.

Those concerned include anyone dependent on the general health of the economy. Representative Fitzenhagen noted that recently the appearance of our rivers and beaches has been turning away visitors. “With the tourism, our region’s lifeblood, at risk, it became evident that swift and sustainable action was necessary.” Consequently she was granted a position as a House Liaison on the Select Committee on Indian River Lagoon and Lake Okeechobee Basin. That committee’s plans to address the problem can be found on the committee Web page at FLSenate.gov.

Even small changes in the environment can have a large impact. Senator Benacquisto indicated the legislature is considering that lesson of history as it engages with the future. “We are taking a holistic approach,” she said. “Water management issues are all connected, from the rivers that flow into the panhandle from other states, to the rainfall that makes its way from central Florida into the Everglades and eventually to the sea. We have to make sure we consider a wide range of factors when we craft water policy.”

President of local non-profit Save Our Waterways, Attorney Sawyer Smith

Mayor Randall Henderson

Mayor Henderson said it’s important to keep the conversation active on a local level by “getting on board with coffee break talk, sharing it with neighbors, talking it up.” He also encourages citizens to write or email their local officials to make sure the health of our waterways remains a visible priority.

The mayor will be one of several local dignitaries and local business leaders lending his support to the Imaginarium on March 29. He will appear on a canvas as a collaborative art piece for our local schoolchildren to paint on, using the waterways theme. Perhaps his will become the face of an octopus, penguin or surfer dude. For tickets, visit www.i-sci.org. It’s a chance to enjoy the lighter side of dealing with the tough issues facing our environment and economy. Today, 1.7 billion gallons of water were channeled into the ocean. It’s time to determine our next 100 years. RG

Florida Senator Lizbeth Benacquisto March 2014 | RES GESTAE

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The Dish List

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a monthly feature showcasing where to meet and eat in Royal Palm Trattoria Southwest Florida, running next 239-204-9059 Colonial blvd., #35, Fort Myers to RG’s regular feature “The Dish”. 1400 www.RoyalPalmTrattoria.com Conveniently located in Royal Palm Square off Colonial and Summerlin, To take advantage of this great Royal Palm Trattoria offers a casually elegant dining experience for lunch opportunity to have your establishment and dinner. Our all-day happy hour is also the perfect chance to gather with clients or friends. featured in this special section, contact Hotel Indigo 239-337-3446 Linda Fiore: 1520 Broadway Ave., Fort Myers www.hotelindigo.com 239.690.9840 or The Hotel Indigo Fort Myers provides an escape from the ordinary, offering premium services, a casually-sophisticated ambiance. Breakfast, lunch and resgestae@leebar.org dinner served daily in the Broadway Bistro. Happy Hour Monday through Friday 2pm - 8pm.

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The Dish

Something good is cooking at Royal Palm Square.

Renovations, new tenants, new management – and eggplant rollattini. Late last fall, activity in the nearly 145,000-squarefoot retail and restaurant center noticeably picked up.

Personally, I began frequenting the place upon the opening of a wonderful yoga studio. When one’s job entails comprehensive reconnaissance of various purveyors of barbeque ribs, handmade pizza, crème brulee and craft beer, one must strive for some kind of balance, after all.

Anchored by the always popular Broadway Palm dinner theater, and home to the beloved Austrian-German Restaurant and few other steadfast tenants, the shopping center otherwise descended into a semi-comatose state over the last couple of years. The studio, which opened in November, has since been joined by a steady stream of new businesses. A quick phone call to the number on its new, and quite active, Facebook page confirmed my suspicions that Royal Palm Square had recently been purchased and is now in the hands of a new management company.

Change can be good. Case in point: the former China Fuji restaurant location. I don’t know how long it was in business, but I’m guessing it was long enough for most locals to consider that restaurant a hit-or-miss proposition. And toward the end, it was a definite miss – and quite smelly. And so it closed. And so it sat. A new restaurant owner would have to be game for quite a project. Meet Michael 28

RES GESTAE | March 2014

Filzenger. I met him one Saturday morning outside the new Royal Palm Trattoria as I was waiting for an earlier yoga class to get out. He invited me in for coffee and to see what he’s done with the place. In a word: a lot.

Sky-high ceilings soar with natural light, multiple dining rooms sprawl, each with its own character. Rich wood tones provide a sturdiness to the aesthetic, and a bar open on all sides speaks to an appreciation for the art of hospitality. The smell? Fresh bread baking in the oven. Filzenger is a long-time restauranteur, having served in director and vice president positions in multiple national restaurant chains and known locally as having had ownership in places such as Bogert’s Chop House, The Ship Restaurant in Bonita Springs and Anthony’s Trattoria on Fort Myers Beach.

He said he’s done the high-end steakhouse thing, and wants to focus on serving fresh, highquality food and wines at prices people can afford. (Don’t worry, that does include steakhouse fare like the “Big and Juicy” ribeye.)

Now he can, having undertaken all the major remodeling that needed to happen. He’s even garnered some regulars. Ken Jones of Roetzel and Andress is one such frequent diner.

“The remodel they have done is superb. It’s very nice inside,” he told me. More importantly, “The food is grand.” Among other dishes, he recommends the Zing! Zing! Shrimp, an appetizer served with an artichoke heart sauce.

I can vouch for the appetizers. My husband and I exchanged

The Dish

concerned looks as we considered the crispy calamari. Those who enjoy the fried squid will understand that ordering it for the first time is a gamble. But Sinatra was playing, and luck decided to be a lady. I’ve scoped it out, people, the crispy calamari delivers what it promises. A light batter provided a nice crunch without being overly browned. The little cephalopods were in no way chewy and served with a fresh pomodoro, which was a perfect accompaniment. I needed more of that sauce!

I ordered the eggplant rollatini. Eggplant people will also recognize the inherent risk. I won’t explain how this vegetable can easily go rogue on even the most seasoned cook.

Emboldened by the calamari experience, however, I went for it and again, it paid off. Roasted just enough, it was succulent, tender and beautifully seasoned. Wrapped around some decadently creamy ricotta and served with that pomodoro, I felt like a real winner. This sauce is just the essence of all that’s good about a tomato, without excess oil or unnecessary seasonings.

For its sweetness and earthy umami tones, sometimes nothing is more satisfying than a good, fresh tomato sauce. The pasta was no afterthought either. My penne was textbook al dente, if such a thing exists. My husband enjoyed the gnocchi with creamy gorgonzola sauce. Good thing we had gone to yoga class earlier that evening.

Royal Palm Trattoria is an ideal meeting place for parties from six to sixty people, and it’s a great stop for appetizers and a

cocktail or glass of wine at the bar. Outdoor seating is available near Royal Palm Square’s picturesque fountains. If you need further enticement, a special three-course meal is offered for $9.95, Monday through Saturday from 4 to 6 p.m. Start with a soup or salad, and entrée (including prime rib) and a dessert.

It’s nice to support a new local business focused on quality and value. Maybe you’ll even run into Ken. RG

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Sara Fitzpatrick Comito is the marketing writer and publications editor for CONRIC PR & Marketing | Publishing, and associate editor of Res Gestae magazine. For suggestions and comments on this regular feature, contact Sara at Sara@ConricHoldings.com.

March 2014 | RES GESTAE

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I thank and congratulate both of you and all the folks you enlisted to make the Mock Trial Competition an extraordinary event for the student participants. Friday night on the way home and Saturday before the final rounds, my kids were exuberant in the praise for how great they thought it was. They said it was fair, that the judges helped them considerably with the critiques, that the other teams were professional, that they learned “so much” and that they really enjoyed themselves. Those of us who have the privilege of spending our days with kids know that all our students are capable of great work when we give them the opportunity to do it, and the competition does so. As involved as she is, which is considerable, after the trial, a parent of one of my student’s eyes welled up with tears as she told me she had no idea her child was capable of demonstrating the poise, dedication, and depth of understanding of something so complex as a criminal trial. I just told her wait until she sees that child next year.

I told Mikie on Saturday that I was thrilled to see that as the trials went on, the kids on both our teams adjusted to what each Judge said in her or his critiques, and modified their presentations to account for the suggestions. The whole idea behind the competition is to provide an opportunity for our kids to learn and apply that learning, and boy did they! From a teaching perspective, it was a roaring success. To help put in perspective just how successful a learning exercise the competition was, our team in the final round had to overcome what could have been a devastating challenge, as on Wednesday, one of the student attorneys became ill and had to withdraw from the team. Rather than throw in the towel, the students reorganized themselves (they overruled my suggestion on how to do it), changed roles (again, over my disagreement), learned new parts, and went to court, all in a matter of less than 48 hours. They clearly saw things I didn’t, because their adaptation put them into the final round. But even if those kids had not made it to the final round, they clearly learned some lessons that we just can’t begin to teach in a classroom, yet are nonetheless vital for them to know.

So thank you both, and please extend my gratitude to the Judges and attorneys who gave their time to provide the opportunity for our kids to learn about the law, each other, and most importantly, themselves.

Patrick R. Hanrahan, J.D.

Teacher, Criminal Justice Ida S. Baker High School Editor’s note: Patrick was the 2012 recipient of the LCBA’s Law Week Award: The Dr. James A. Adams Teacher of the Year Award for Law-Related Education

Legal Lens 1

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3 4

5

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Around the Bar 1 Kara Vander Heyden, Sheba Abraham, Aliana Payret, Gloria Spradley, Michelle Keezel, Caroline Neff, Claudia Volk and Debra Dryce Bass attended the LCAWL Meet and Greet the Women of the 20th Judicial Circuit event

7

2 Renee Binns helped lead the tour of the Justice Center during Law Shadow Day 3 Linda Doggett talks with students as they visit the Clerk of Court’s office 4 Young Lawyers Division social at SkyZone with: Matt Petra, Jonathan Martin, Amy D’Alessandro, Danielle Levy, David Seitz, Kristianna Rodriguez, Blake Hampton, Shatree’Tia Jones, Spencer Cordell, Agnieszka Osowicka, Noelle Cella, Kayla Richmond, Shannon Puopolo, Stephanie Bendeck, Kim Bocelli, Hanna Renna and Natalie Rummuni 5 Christina Harris Schwinn, a long-time Junior Achievement supporter, addresses students at Law Shadow Day 6 Kevin Karnes, Operational Support Supervisor in the Clerk of Court’s Criminal Division, speaks to students on Law Shadow Day 7 At the YLD social at SkyZone, young lawyers enjoyed some hang time March 2014 | RES GESTAE

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On the Bench The Hon. Nicholas Thompson When Judge Nicholas Thompson took the juvenile delinquency bench, his predecessors told him the docket represents the one chance anyone has to make a difference in some of these kids’ lives. The process has even come full circle. “I’ve had several juveniles that have come back to the court after serving time in a juvenile delinquency program to tell us how well they’re doing.”

Judge Thompson has encountered quite a few “full circles” in his own life. Growing up, he wanted to be a doctor. That is, until he was about 12 years old and took a field trip to watch his father, James R. Thompson, on the county bench. “I enjoyed the legal arguments from the attorneys that I watched,” he explained. Logic was what had attracted him to medical science, but he was impressed by the combination of art and science he saw on display in the courtroom. Incidentally, the teacher who organized that trip was Joseph Dinda, who now serves the Twentieth Circuit as a probation officer for the Department of Juvenile Justice.

Students visit Judge Thompson’s courtroom frequently, and he’s pleased to share with the next generation. He also enjoys when the general public comes to watch a proceeding. especially since the attorneys in our circuit have a reputation for professionalism. “I see the people who are in the seats behind them nodding and smiling when they see our lawyers making good arguments.”

The judge lived in Fort Myers since Colonial Avenue was a two-lane road with woods on either side. He served in the state legislature in Tallahassee for four years, which he characterized as a very positive experience, but he was happy to come back to Southwest Florida.

His message to the lawyers who practice before him is to come to work prepared, be enthusiastic and do their best. “I want lawyers to enjoy their courtroom work. Going to law school is a lot of hard work, passing the bar is difficult and stressful, but getting the opportunity to represent people and make a difference in clients’ life is very important.”

When he’s not on the bench, he enjoys spending time with his wife and three-year-old son. He also likes to participate in the Swamp Cabbage Festival Bass Tournament with his dad. RG

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RES GESTAE | March 2014

From the Bar Scott T. Moorey, Esq. If you find yourself serving on a jury for a case with Scott T. Moorey, you can expect to be reminded repeatedly that regardless of your feelings about the defendant, our criminal justice system is based on holding the government to its burden of proof. He asserted, “You can promise not to break the law, but you can’t promise you won’t be arrested!” His firm’s motto is “Good People Do Get Arrested,” and he developed that conviction as a child when talking with his then-public defender father about his work As a criminal defense lawyer who has adopted that guiding principle, Moorey has had the opportunity to meet people who offer plenty of perspective about life. Consider the client arrested for DUI, although a breathalyzer read .000/.000, his urine sample was clean and he had no prior record. The case was quickly dropped, but his picture and arrest report are now public record. “I was so angry that another innocent person was now in the system, yet the client was not upset,” he said. This man told him, “People make mistakes, and cops are people, too.” Moorey explained, “The client’s 10-year-old son was dying of brain cancer, and he was much more focused on forgiveness than I.” Moorey suggested there is a common misconception that criminal defense attorneys are one-dimensional. “I can be sympathetic to victims while aggressively defending my clients’ rights,” he said. Furthermore, a good attorney cannot get caught up in the court of public opinion. “My job can be done with integrity, regardless of what the charges are and what people think about whom I represent.”

He has always wanted to be an attorney. “Most boys want to be like their dad, and I am no different,” he said. Moorey has been in criminal practice for more than 15 years, although he said the time has flown by, so that it almost feels like it was just yesterday that he had his first trial. “Some of the ole timer lawyers still call me by my dad’s name, Tom. I never correct them, as I see it as a compliment.”

Moorey’s four daughters are growing up hunting and fishing, just as he did. “We are either in the woods or on the water enjoying the outdoors.” RG

March 2014 | RES GESTAE

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

Aloia Roland & Lubell, LLP

100 Club Goldberg, Racila, D’Alessandro & Noone, LLC

Prather and Swank, P.A.

Arend & Sisk, P.A.

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

Patrone & Kemp, PA

Bonita Springs City Attorney’s Office

Green, Schoenfeld & Kyle, LLP

Pavese Law Firm

Costello Royston & Wicker, P.A.

Grossman Law & Conflict Management

Rhodes Tucker

Boyle Gentile Leonard & Crockett P.A.

Hahn Loeser & Parks LLP

Bruno & Prado, PLLC

Rubinstein & Holz, P.A.

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

Burandt, Adamski & Feichthaler, P.L.

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

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

Calvo & Calvo

Spivey Law Firm, Personal Injury Attorneys PA

Knott Ebelini Hart

Coleman & Coleman

Steinberg & Linn, P.A.

Kuhn Law Firm, PA

Strayhorn and Persons, P.L.

Engvalson & Associates, P.A.

Kushner & Kushner

Fort Myers City Attorney’s Office

Lee County Legal Aid Society, Inc.

Fowler White Boggs, P.A.

McQuagge Law Firm

Freidin • Dobrinsky

North Law Firm, P.A.

Fried & Fried, P.A.

O’Halloran & O’Halloran, Attorneys at Law

Weldon & Rothman, P.L.

Garvin Law Firm

Osterhout & McKinney, P.A.

The Wilbur Smith Law Firm, PLLC

Geraghty, Dougherty, Edwards, P.A.

Parvey & Frankel

Yeslow & Koeppel, P.A.

Toll Law Viles & Beckman, LLC Webb & Scarmozzino, P.A.

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

Have a Bar Complaint?

Call Former Bar Counsel

Representation in All Matters Involving The Florida Bar

Henry Lee Paul, P.A. 550 N. Reo Street, Suite 300 Tampa, FL 33609 813.344.3601 34

RES GESTAE | March 2014

Representation of Applicants in All Matters Involving The Florida Board of Bar Examiners

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March 2014 | RES GESTAE

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Legal Briefs 2014 JNC nominations deadline extended The application deadline to be considered to fill one of two vacancies in each of the 26 Judicial Nominating Commissions has been extended.

The Florida Bar has the opportunity to nominate six lawyers for each JNC to the Governor for his appointment. Each appointee will serve a four-year term, commencing July 1. Applicants must be engaged in the practice of law and a resident of the territorial jurisdiction served by the commission to which the member is applying. Applicants must comply with state financial disclosure laws. Commissioners are not eligible for state judicial office for vacancies filled by the JNC on which they sit for two years following completion of their term.

Applications must be submitted no later than 5:30 p.m., Friday, March 21. Resumes will not be accepted in lieu of an application.

Screening committees of the Board of Governors will review all JNC applications. The Executive Committee will then make recommendations to the Board of Governors.

For more information call (850) 561-5757.

Students tour justice system at Law Shadow Day High school students recently enjoyed a bird’s eye view of the justice system for Law Shadow Day, presented in cooperation with the LCBA and Junior Achievement of Southwest Florida. John Agnew, Renee Binns and Christina Schwinn escorted students as they toured the Lee County Justice Center, answering questions as they went.

The students, who are interested in pursuing a career in law, toured the Justice Center from the jury room to the Clerk of Courts office to the jail, and then observed a courtroom proceeding with Judge Carlin.

Nanci DuBois said the LCBA was very excited to bring this experience to students as part of the Inaugural Law Shadow Day in Lee County. “Anything our organization of attorneys can do to increase the understanding of how the justice system works increases our chances of guiding more of our students into the legal profession,” she stated.

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RES GESTAE | March 2014

Legal Briefs Zemola serves as guide runner for wounded serviceman Danielle Zemola, an attorney at Goede, Adamczyk & DeBoest, PLLC, recently served as guide runner for wounded serviceman Lieutenant Brad Snyder, U.S. Navy, at the California International Marathon.

She had been elected by a unanimous vote by the United States Association of Blind Athletes (USABA) to be guide runner for Snyder, who lost his sight in an IED explosion in Afghanistan. He is currently the spokesperson for Joining Forces: Service for Sight, a union between Delta Gamma Foundation, the philanthropic arm of the women’s fraternity, and the USABA. Zemola is president of the Fort Myers alumnae group for Delta Gamma.

Zemola dedicated her run as an Anchor Run for the Blind, and personally raised over $7,000 in 50 days (her goal was $5,000). “I hope to continue raising awareness of the visually impaired and blind community and am always looking to be a guide!” she said.

Bill Allen joins Henderson Franklin Bill Allen has joined Henderson, Franklin, Starnes & Holt, P.A. as an associate in the Business & Tax practice area. He handles all forms of corporate transactional services, including review, analysis and preparation of all business related documents and contracts, formation filings and governing agreements for corporations, limited liability companies and partnerships.

While in law school, Allen was an Associate for the Stetson Law Review, a Research and Writing Teaching Fellow, and a member of the Honors Program. As an undergrad, he was selected as one of two attendees to the Cambridge University International Summer School. He was also a staff assistant in Washington, D.C. for Representative Cliff Stearns (Florida).

Allen received his undergraduate degree from The Citadel, his law degree from Stetson University College of Law, and is a L.L.M. Candidate for his graduate degree from the University of Florida Graduate Tax Program.

Abraham named to SABA board Sheba R. Abraham has been appointed to the Board of Directors of the South Asian Bar Association (SABA) of Florida. The organization is dedicated to advancing the professional development of South Asian American lawyers and law students throughout the State of Florida.

“Through events and member activity, SABA Florida serves as a bridge between the Florida Bar and the state’s growing South Asian community,” said Abraham. “I meet and share great ideas with a lot of other attorneys from around the state – it’s a tremendous learning environment.”

Abraham practices personal injury law and criminal defense at the firm of Goldberg, Racila, D’Alessandro & Noone, LLC, in its Fort Myers Office. Previously, she interned for the Honorable Devin P. Cohen of the New York City Civil Court and in the legal department of Adventist Health System, and clerked for a Central Florida law firm that specializes in workers’ compensation claims of injured first responders.

CRIMINAL DEFENSE DEFENSE♦ ♦CRIMINAL

SCOTT T. MOOREY 239-275-5552

1430 Royal Palm Square Blvd. Ste. 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com March 2014 | RES GESTAE

37

Legal Briefs Former Mayor Humphrey joins Knott Ebelini Hart James T. Humphrey, former Mayor of the City of Fort Myers, is rejoining Knott Ebelini Hart, the Fort Myers law firm he founded in 1982. His areas of practice will continue to include governmental, administrative, real estate and land use law.

Humphrey is currently counsel to the Lee Memorial Health System Board of Directors, and counsel to the Lee County and Charlotte County Industrial Development Authorities.

Humphrey has been a master of The Calusa American Inn of Court since 1995. His professional affiliations also include The Florida Bar Sections on Real Property Law, Administrative and Governmental Law. He served as president of the Florida Association of County Attorneys in 1977 and was president of the Lee County Bar Association from 1980 to 1981. Humphrey currently serves as a member of the Second District Court of Appeal Judicial Nominating Commission.

Pavese Law Firm announces new partners Brooke Martinez and Charles Capps have been named partners at Pavese Law Firm. Martinez joined the firm as an associate in 2005, practicing general civil litigation with a focus on commercial litigation, real estate law, family law, community association law and bankruptcy creditor representation. Capps joined Pavese Law Firm as an associate in 2008, practicing primarily in the areas of real property law including both commercial and residential real estate transactions, condominium and homeowner association law, construction law and land use law.

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RES GESTAE | March 2014

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Here for you… yesterday, today and tomorrow Lending Team – From left bottom row: Pam Edwards, Vice President, Lending; Leah Kirby, Vice President, River District Office Manager; Robbie Roepstorff, President From left middle row: Willy Ocasio, Captiva Office Manager; Rob Lisenbee, Vice President, Sanibel Office Manager; Kim Nyberg, Vice President, Professional & Executive Banking; Liz Aurensan, Vice President, Lending From left back row: Geoff Roepstorff, CEO; John Ammons, Vice President, Cleveland Avenue Office Manager

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