Res Gestae - November 2013

RES GESTAE

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

NOVEMBER 2013

LCBA Gives Thanks

to their business supporters

Feeding Community Harry Chapin Food Bank

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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Contents features

re s g e s ta e

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

24

239.334.0047 resgestae@leebar.org

A Community of Support

Staff Box

With gratitude, LCBA

highlights its business sponsors

rs ertise . v d a r Ou LCBA to e h t t r st suppo do our be n! ’s retur e let Pleas rt them in suppo

24 departments

Letter from the President

ASSOCIATE EDITOR Sara Fitzpatrick Comito

8

Letter from the Editor

CREATIVE DIRECTOR April Bordeaux

by Mary C. Evans, Esq.

by Nanci DuBois

10 Community Connection Harry Chapin Food Bank

by Sara Fitzpatrick Comito

15 Ethics Korner

Ethical Consideration in a Technology World

by Jason Hunter Korn

18 Family Law Matters

21

A Bridge Too FAR

by Luis E. Insignares, Esq.

20 The Dish List

Where to Meet and Eat

21 The Dish Ichiban

30 Legal Lens 32 On the Bench

Hon. G. Keith Cary

33 From the Bar

30

EXECUTIVE EDITOR Nanci DuBois 239.334.0047

6

10

PUBLISHER Connie Ramos-Williams 239.690.9840

Kenneth A. Jones, Esq.

34 Legal Briefs

News and Happenings

40 Calendar of Events

LAYOUT AND DESIGN Kat Godina ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Sara Fitzpatrick Comito Nanci DuBois Mary C. Evans, Esq. Luis E. Insignares, Esq. Jason Hunter Korn, Esq. 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: Back row from left: Carol Chamberlain, Lindsey Harry, Michael Swider, Geoffrey W. Roepstorff, Leslea Ellis and Tiffany Williams Front row from left: Connie Ramos- Williams, Bill Valenti, Gail Lawson, Margaret W. Miller, Maryann Wagner, Brenda Barrett and Cynthia Duff Cover Photo: Kat Godina Copyright© 2013. Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association. To inquire about such permission, please contact Nanci DuBois, Executive Director of the Lee County Bar Association at info@leebar.org.

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RES GESTAE | November 2013

MAXIMUM REFERRAL FEE PAID PERSONAL INJURY & WRONGFUL DEATH CASES Automobile Accidents • Motorcycle Accidents • Truck Accidents Victims of Drunk Drivers • Slip & Fall Accidents

Recent Settlements • • • • • •

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car accident victim of drunk driver truck accident fall at hotel fall accident family of motorcyclist killed in accident

Note from the President Personally, I’m glad summer is almost over.

The temperature is dropping and so are the chances that I’ll be required to wear a bathing suit. Actually, it isn’t the wearing of the bathing suit that is so appalling…it is the shopping for it in the first place.

Step One: I choose a few suits. And, when I say a few, I mean 732. Step Two: I find a dressing room with a seat, anticipating my exhaustion. Step Three: I pick my favorite suit from the pile and put it on. Or, in the case of suit Number 1, I mean I wedge it on. Well, the top fits fine every time; it’s the bottoms that make me wish I had thought to bring a shoe horn and some Crisco. Of course, until suit Number 33, I am totally blaming the suit. It isn’t until suit Number 51 that I realize, I shouldn’t be blaming the bathing suit…it’s the mirror’s fault. Seriously, why do department stores install those damn funhouse mirrors? I look like I’m wearing a floatation device around my waist. Stupid mirror. Let me just try the next size up. I check the size of the one I’m wearing and I almost pass out. It IS the next size up. I’m in the ladies dressing room but there is nothing ladylike about what I begin muttering under my breath. I move along to suit Number 68. As usual, the top looks great, the bottom, however…

This time, not only is that floatation device still hanging around my waist, but the view from the rear reminds me how long it has been since Gravity and I got our divorce. I don’t remember getting caught in a fire, but I must have gotten near some open flame because my backside looks like it’s melting out the bottom of this suit.

I’m suddenly reminded of the time I was looking for a dress for the Bench/Bar Gala. Of course, I took every dress I could find in my size into the dressing room.

One of my choices was a satiny teal column dress with a piece of satiny fabric around the waist that was wavy and flouncy. The whole thing zipped up the side. I got into it and zipped it up with no problem, but I quickly determined it was too tight. I went to take it off, but…the zipper was stuck. I mean that sucker wasn’t budging at all. So here I am with a dilemma: do I call the sales woman for help, or do I do a quick squat thrust and just blow the damn thing off at the seams. Perhaps if I had done some squat thrusts, or something else that had even slightly resembled exercise, I wouldn’t be in this situation.

I know…I’ll be more active through the Bar Association. Yep, a lawyer and the Lee County Bar Association – now THAT’S a perfect fit! rg

Mary C. Evans, Esq. mary@maryevanslawyer.com | (239) 226-1062 6

RES GESTAE | November 2013

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

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

YOUNG LAWYERS DIVISION PRESIDENT John Miller, Esq.

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

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 J. Jeffrey Rice, Esq. TORT LITIGATION Preston John (PJ) Scheiner, Esq. FAMILY LAW Rana Holz, Esq. & Jo Ellen Kane, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq.

THE DEADLINE IS APRIL 22, 2014.

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Don’t let your law firm or your clients miss this filing deadline. Once the Program expires, you and your business clients will be forever barred from filing any claim. As lawyers, we owe it to our clients to make them aware of how this class action settlement specifically applies to them, as many still do not know.

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Letter from the Editor The people we meet can sometimes make a world of difference for us, can’t they? I must say, we have been so fortunate to have the support of so many sponsors and advertisers this year. And there are so many more ways we have felt the support that it’s hard to include everyone in a single message. So, starting right here and right now, I’ve decided my space will be devoted in part each time to a very special supporter of our Bar. This month, I’m shouting out a huge thanks to the law firm of Weldon & Rothman, for their excellence in keeping track of their Lawyer Referral Service percentage fees. This important step assures the viability of our program, and supports your Bar and its functions with needed revenues. Bradley Rothman has been a continuous member of our Lawyer Referral Service since May 31, 2007.

I’d also like to welcome new LRS members Scott Atwood, Zachary Cantor, Scot Goldberg, David Hicks and Lee Viacava. We greatly appreciate all of our Lawyer Referral Service members, and wish them success with the referrals we send to them. If you are not yet involved and building your business this way, see if this is a fit for you now. Currently, we need coverage in these areas of practice: Administrative Law: Disability, Educational Law, Employment Benefits, Florida Sales Tax, Licensing, Medicare/Medicaid, Public Utilities, School Law, Social Security, Unemployment, Veterans’ Rights, Welfare Problems Civil Litigation: Ecclesiastical Computer Law: Internet Law Corporate/Business: Customs, Pension/Profit Entertainment/Sports: Music, Sports Insurance Law: Auto, Disability, Health, PIP, Property, Subrogation Tax Law: Corporate, Employment, Individual, Litigation, State/Federal Securities: Arbitration, Litigation MOST REQUESTED AREAS NEEDING MORE COVERAGE: Bankruptcy: Debtors/Chapter 13, Debtors/Chapter 7, Represent Creditors, Represent Debtors Education Law Civil Rights: Americans with disabilities, Baker Act, Criminal Related, Discrimination, Wrongful Arrest Immigration Law Malpractice: Dental, Legal/only other counsel, Legal, Medical Military Law: VA Disability, Criminal Social Security: Disability, SSI Worker’s Comp: Federal, Represent Client, Represent Employer, State/Local Intellectual: Copyright, Patent, Trademark Contact us to build more business at: LRS@leebar.org RG Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102 8

RES GESTAE | November 2013

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Community Connection

“I can’t give much, but if we all give a little, we can help so many!” This message, penned in marker calligraphy on a pink sticky note, was discovered in a bag of nonperishable items during the annual Stamp Out Hunger campaign. The food drive, in partnership with the U.S. Postal Service, occurs just as snowbirds are heading back north and may have some extra pantry items that can go to an excellent cause. Summers are the hardest on the hungry in our area.

Board of Directors Chair Noelle Melanson keeps the note on her office wall to constantly highlight the urgency of the Harry Chapin Food Bank mission.

As it does with the post office, it also partners with about 150 agencies locally and a network of sister food banks nationally to distribute food where it is needed and leverage its resources in a nearly magical feat of exponents.

“We consider ourselves the United Way of food,” Melanson explained. “We do not feed people individually, which is sometimes a misconception.”

Food is trucked in from all over the country to the expansive 48,000-square-foot warehouse facility on Fowler Street in Fort Myers. It might be in the form of government commodities or a partner like Feeding America, the food bank’s national affiliate, which deals with major corporations like Kellogg. To elucidate that agency’s work, Melanson offered the example of a packaging typo or printing error on an entire batch of jarred peanut butter. Feeding America takes the affected product off the manufacturer’s hands so it doesn’t have to throw it away and enables the food bank to receive an 18-wheeler load of that peanut butter from California, for instance, while paying 10

RES GESTAE | November 2013

only the $5,000 shipping cost. It’s the very definition of a winwin situation. Likewise, when a grower produces a surplus of fresh fruits and vegetables: being able to pay the shipping cost and put that perishable produce on the road means it gets to someone hungry just in time.

The mathematics reveal results that are greater than the sum of the parts. In working with all its partner agencies – which include the Salvation Army, St. Matthew’s House, Senior Friendship Centers, or CCMI, to name just a few – HCFB can take a one-dollar donation and turn it into six dollars’ worth of food that goes where it’s needed in the community. Those local agencies, said Melanson, “are out there doing the real feeding.

They touch as many people as possible.”

The message on that pink sticky note arrived at an elegant truth that applies to the partner agencies and also the lifeblood of the organization: the volunteers. “We could not survive

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Community Connection without the volunteers,” confirmed Melanson. The food bank runs a mobile pantry program that brings food to otherwise underserved areas like Immokalee. There might be a one-room church there that engages with HCFB because it identifies the need and provides a hub for interacting with the population but doesn’t have the storage space or refrigeration to keep food on hand. That’s where the mobile pantry comes in. Volunteers and donations are always needed to help with the mobile pantries.

Recently Melanson invited other women attorneys across the five counties HCFB serves to sponsor a mobile pantry.

Representing 10 law firms, each contributed $250 to cover the $2,500 cost.

“The food bank itself has volunteers working six days a week,” Melanson said. Last fiscal year, 2,680 volunteers donated 35,600 hours of their time. They helped the food bank sort and distribute 16.6 million pounds of food—the equivalent of 13.8 million meals.

Melanson has been involved since 2008. “It’s all about feeding people. That’s the reason I was drawn to it,” she said. She enjoys entertaining at home. “People come to my house and I feed them, so it felt like a good fit.”

There’s another misconception about the work of HCFB. “The people we serve are not what people would expect.”

They’re often not unemployed, but underemployed, she said.

“That’s the most surprising thing. It’s not the people who have been out of work for 10 years.” Many times the face of need looks like a laborer taking her lunch break to receive rice and beans and some fresh produce from the mobile pantry so she can feed her family when she gets home.

Sometimes the process goes full circle, as in the case of a young woman named Tiffany who moved to Fort Myers and relied for a time on food pantries and similar agencies to feed her family. Now she’s gainfully employed and has become a

volunteer at HCFB. “They’ve shown me so much how I can help people, and how I can help children who don’t have food.

It’s not a good feeling to know that you’re hungry. It hurts.” But because of the organization, she feels empowered to tell people, “There’s definitely hope out there.”

HCFB is gearing up for its annual drive to provide local agencies with thousands of Thanksgiving turkeys and other holiday food. Volunteers and donations are needed all year round, though. To find out more about how you can help, visit harrychapinfoodbank.org. rg

Our Annual Sponsor, has offered a brand new copier to be awarded at the 2014 Bench/Bar Gala.

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• Promotion applies only to Lee County Bar Association Members, its advertisers or sponsors.

• Need not be present to win.

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RES GESTAE | November 2013

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RES GESTAE | November 2013

Lic #A1300124

by Jason Hunter Korn

It the last article, the Ethics Korner focused on “cloud computing” and The Florida Bar’s relatively new advisory Opinion 12-3, affirmed by the Board of Governors on July 26, 2013. As a result, lawyers may ethically use cloud computing for storage and use of data at a remote location if they use reasonable precautions to ensure confidentiality of client information, that the service provider has adequate security, and that the lawyer has adequate access to the information stored remotely.

In this world of changing technologies, the lawyer should also be mindful of other advisory opinions that address electronic storage, electronic data and use of storage media. The following will highlight several opinions that relate to technology in the practice of law.

Opinion 06-1 Regarding Electronic Storage of Files. This opinion addresses the storage of files electronically. Lawyers are not required by the Bar to store files electronically, although they may do so. The main consideration in file storage is that the appropriate documents be maintained, not necessarily the method by which they are stored.

For example, a law firm may store files electronically unless: (1) a statute or rule requires retention of an original document, (2) the original document is the property of the client, or (3) destruction of the paper document adversely affects the client’s interest. Lawyers must take reasonable precautions to ensure confidentiality of client information, particularly if the lawyer relies upon third parties to convert and store paper documents

to electronic records.

In addition, lawyers are cautioned that electronic files must be readily reproducible and protected from inadvertent modification, degradation or destruction. The lawyer may charge a reasonable copying charge for producing documents for clients as noted in Opinion 88-11.

Opinion 06-2 Regarding Metadata. This opinion addresses the duties of a lawyer when sending or receiving an electronic document. The highlights of this opinion can be summarized as follows: (1) the sender shall safeguard data, (2) the recipient shall not “mine” data, (3) notification is required if you inadvertently obtain data, and (4) lawyers may have an obligation to be trained and educated on transmission technology.

It is the sending lawyer’s obligation to “take reasonable steps to safeguard the confidentiality” of all communications sent by electronic means and to protect all confidential information, including information contained in metadata. Metadata is defined as “information describing the history, tracking or management of an electronic document.” Likewise, it is the recipient lawyer’s obligation not to try to obtain information from metadata - that the recipient “knows or should know is not intended for the recipient.” If the recipient lawyer inadvertently obtains information from metadata that the recipient knows or should know was not intended for the recipient, the lawyer must “promptly notify the sender.”

Continued on pg 16

November 2013 | RES GESTAE

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Ethics Korner The opinion also states that the foregoing obligations may necessitate a lawyer’s continuing training and education in the use of technology for transmitting and receiving electronic documents, in order to protect client information as required

by Rule 4-1.6(a).

Opinion 10-2 Regarding Use of Storage Media. The Bar previously addressed the ethical obligations regarding information stored on devices that contain “storage media.”

Such devices include equipment you routinely find in an office such as printers, copiers, scanners and facsimile machines, as well as mobile devices such as cellular phones, smart phones, PDAs, flash drives, memory sticks and other electronic digital devices (“devices”). The Bar considers the term “storage media” to include any media that stores digital representations of documents.

Many lawyers do not realize it, but they have a duty to take “reasonable steps” to ensure client confidentiality when using such devices and to ensure that the device is sanitized before disposition. This includes (1) identification of the potential threats to confidentiality and implementing policies to address them, (2) inventory of the devices, (3) supervision of nonlawyers to obtain adequate assurances regarding device use, and (4) responsibility for sanitization by requiring meaningful assurances from the vendor at the intake of the device and confirmation of sanitization at disposition. A lawyer’s supervisory responsibility extends not only to the lawyer’s own

employees, but also to entities with whom the lawyer contracts to assist with the care and maintenance of the device.

One section of the opinion that gives many lawyers heartburn is the requirement that a lawyer should use care when using devices in “public places” such as copy centers, hotel business centers and outside offices where the lawyer has little or no control. In those situations, the lawyer should inquire whether the use of such devices would preserve confidentiality. The lawyer should also obtain adequate assurances that the device will be stripped of all confidential information before its disposition. RG

The Ethics Korner focuses on various ethical issues, pertinent ethical opinions and decisions issued at meetings of the PEC. The author, Jason Korn, is an attorney, shareholder and Managing Director of the Florida office of Cohen & Grigsby. He is a member of the Litigation, Construction, and Shareholder and Partnership Dispute Practice Groups of the firm.

He is also a member of the PEC, having served on the Committee for two terms from 1999 to 2005, and reappointed again in 2008, with his current term extending to 2014.

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Family Law Matters

A Bridge Too FAR The 2013 Alimony Debacle

by Luis E. Insignares

After making notable gains in the years immediately prior, in 2013 the leaders of the movement to put an end to permanent alimony in Florida once and for all (the most notable lobbying organization of the movement goes by the more innocuous, and arguably inaccurate name “Florida Alimony Reform”) marshaled all their forces for a final assault. In 2010 FAR supporters had codified Florida’s common-law three tier system as to the length of a marriage and its relationship to the propriety of awarding permanent alimony. Existing presumptions regarding awarding permanent alimony were expressly written into the alimony statute, as well as a totally new option called “durational alimony.” In 2011 durational alimony was expanded to be applicable even to long-term marriages, if there were “no ongoing need for support on a permanent basis,” as well as limiting permanent alimony to cases where the court included “a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.”

All of these changes, however, were not enough for the alimony “reform” movement. 2013 saw Senate Bill 718, sponsored by Lakeland Republican Senator Kelli Stargel, with an additional five “co-introducers” (four Republicans and one Democrat). This massive bill stretched to 34 pages long, and was so controversial as to be the subject of some 36 amendments before its eventual passage by both houses of the Florida legislature.

Even the official summary of the bill is a good page long. It states that the bill (emphasis supplied): 18

RES GESTAE | November 2013

• Eliminates permanent, periodic alimony and limits a court’s ability to award durational alimony.

• Limits the term of an award of durational alimony to 50 percent of the length of marriage unless the proponent shows sufficient need for a longer award, as supported in writing by the court.

• Provides a rebuttable presumption against an alimony award following a short-term marriage.

• Creates a rebuttable presumption in favor of an alimony award following a long-term marriage.

• Places caps on alimony payments expressed as a percentage of the income of the obligor. The caps vary based on the length of marriage.

• Provides that equal time-sharing by the parents is in the best interest of a minor child unless the court finds that equal time will pose a danger or be impracticable. This provision applies prospectively.

• Provides that the court must consider the same factors in awarding temporary alimony, alimony requested without a concurrent filing of a dissolution of marriage, and alimony required pursuant to a dissolution of marriage.

• Establishes formulas for a court to use in determining the value of the marital portion of nonmarital real property which is subject to equitable distribution in a divorce proceeding. The formulas apply if a party paid down a note and mortgage on the property with marital funds.

• Increases the number of years required for a marriage to qualify as a short-term, mid-term, or long-term marriage.

Family Law Matters • Prioritizes alimony ordered by the court in order of preference starting with bridge-the-gap alimony, followed by rehabilitative alimony.

• Requires the court to consider as a factor in alimony determinations nonmarital assets relied upon during the marriage.

• Requires, rather than permits, the court to modify or terminate alimony upon a showing of a supportive relationship between the obligee and a third party.

• Prohibits an alimony award to a party whose income is equal to or greater than the other party.

• Clarifies that the court must consider the retirement of the obligor of an alimony award as a substantial change in circumstances.

• Provides for the retroactive application of the guidelines specifying the amount and duration of alimony awards.

Provides a schedule for filing petitions to modify an existing alimony award based on the duration of the alimony obligation.

The Family Law Section of the Florida Bar not only formally opposed the legislation, but even went so far as to explain its position on a newly-launched website, TruthAboutFlAlimony. com, and sponsored a petition drive seeking a veto, on change. org, which eventually got 2,749 digital “signatures.” Senator Stargel defended the bill, claiming it “continue[d] to protect women by retaining judicial discretion,” Megan E. Davis,

OFFiCE Sharing OppOrtunity with Patterson, Eskin and Ball

Lawmakers Pass Alimony Bill, Florida Bar News (April 30, 2013), but as the above synopsis shows, in fact the gist of the bill was quite contrary to her claim, greatly limiting the discretion of trial courts in crafting appropriate remedies.

To the surprise of many, Governor Scott vetoed the bill, stating, “I have concluded that I cannot support this legislation because it applies retroactively and thus tampers with settled economic expectations of many Floridians who have experienced divorce.” Id., Editor’s Note Update. This, of course, leaves open the possibility that these same provisions will be passed all over again, without the retroactivity provisions. So stay tuned. RG

Luis E. Insignares is a board certified marital and family lawyer and a certified family law mediator practicing in Fort Myers, Florida with the firm of Luis E. Insignares, P.A. He serves on the Executive Council of the Family Law Section of the Florida Bar and is a current member of the Family Law Certification Review Committee and former member of the Family Law Rules Committee of the Florida Bar.

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The Dish List

where to meet & eat

Over 100 Years of History Inside & Over 100 Types of Natural Vegetation Outside

Parrot Key Caribbean Grill

LOGO OR IMAGE 1.5”W X .75”H 300DPI JPG OR PDF

239-463-3257 2500 Main Street, Fort Myers Beach www.MyParrotKey.com Colorful and tasty frozen drinks are served alongside Caribbean inspired cuisine diverse enough to please all palates including local seafood and land based favorites. Open for lunch or dinner with entertainment six nights a week at Salty Sam’s Marina and accessible by land or water.

The Veranda

The Courtyard is Open for Its 36th Season

239-332-2065

Hotel Indigo

Reservations Recommended

Lunch Mon - Fri Dinner Mon - Sat Closed Sunday Valet Service

(239) 332-2065 2122 Second Street, Fort Myers www.verandarestaurant.com The Veranda’s romantic setting in two turn-of-the-century homes, combined with our Southern Regional Cuisine, an extensive wine list, and first class service staff will provide you with the most unique dining experience in Southwest Florida.

Extraordinary Since 1978

Downtown Fort Myers River District www.verandarestaurant.com

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

Ford’s Garage

Morgan House Restaurant

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

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

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

To take advantage of this great opportunity to have your establishment featured in this special section, contact Linda Fiore: 239.690.9840 or resgestae@leebar.org 20

RES GESTAE | November 2013

The Dish

Ichiban is a Japanese word that means “first.” When I think of sushi to start a night out in the River District, naturally I think of Ichiban. I start with edamame, or steamed, salted soybeans in the pod. It’s about as casual a food as you can think of, the Japanese equivalent of roasted peanuts in the shell to go with an ice cold beer. The ritual usually includes seaweed salad and gyoza, which is a pan fried pork dumpling. Further finger food favorites, to be perfectly alliterative, include unagi (freshwater eel), yellowtail snapper and the always-delicious volcano roll.

Yes, sushi has traditionally been intended to eat with one’s hands. But we don’t stand on a lot of ceremony around here, so if you want to test your chopstick skills, dive in.

At the risk of losing my sushi-adverse readers (hello, are you still there?), let me assure you there is something for everyone at Ichiban. The restaurant is located in the historic Snack House, which today serves as a pass-through to the lobby of Hotel Indigo. Previous to being co-located with the hotel, Ichiban was something of a local’s secret. Without our support, who knows how well any establishment would have fared through the throes of the downtown redevelopment project and its very dusty utilities improvements? Let’s bow our heads for the many that weren’t as fortunate.

Owner Meng Chong (known to just about everyone in town as just Meng) is a consummate business man. He’s got a keen

Owner Meng Chong prepares a special sushi roll for a customer.

sense of what people want, and how to deliver it. And if sushi’s not for you, take some time to discover some of the other Japanese offerings on the menu, such as the perfectly crispy tempura (fried vegetables, shrimp or chicken) or the teriyaki.

A bento box is a delicious, convenient way to sample several Japanese staples in one sitting. For me, a meal is most satisfying when I have an assortment of goodies to nibble on. The bento box is a great solution for a busy day’s lunch. Or try the Chinese special box, which offers a satisfying taste of some Chinese specialties like Peking pork, orange beef on lemon chicken.

Meng transcends the politics of Japanese and Chinese nationalism and the serving of the two cuisines side by side in a couple of different ways. First, he’s a business man, as already mentioned, feeding people the way they want to be fed. Second, he’s originally from Malaysia, not Japan or China.

Third, this is America, and a lot of what we know as Chinese or Japanese food is really an Americanized hodge podge of flavors only decades ago were deemed terribly exotic. Finally, his food is really good! It’s a delicious alchemy of quality ingredients, preparation and hospitality that delights and surprises hotel guests and nurtures a loyal base of local fans.

Whatever its nebulous and conquest-laden origin story, Chinese food in America is represented in all its colors, fragrances, textures and unctuousness at Ichiban. I love

Ichiban's walnut shrimp is respectfully prepared to highlight the qualities of each ingredient.

November 2013 | RES GESTAE

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The Dish the sushi because I can count on it being fresh, consistent, beautiful and artistic. Plus, it’s a natural with the sake part of my ritual. My favorites include the Ichiban special roll, which really makes the meal an occasion. Two large tempura shrimp are rolled inside avocado, cucumber, spicy cooked white fish, imitation crab (or as my husband and I call it, crab with a “k”), crunchy tempura flakes, scallions and eel sauce. The shrimp heads peer out from either end of the thing, making it look like a dragon. Eat the head, don’t eat the head, it’s up to you, but a lot of sushi isn’t raw. Just something to remember to tell your non-fishy friends. But I do love sashimi – thin planks of salmon, snapper, whatever’s fresh. You want the perfect mix of texture and the taste of the sea. If you’re stuck, go for a sushi or sashimi combo.

On a recent visit, I asked Meng to bring us something special from the Chinese menu. Mere minutes later, a steaming plate emerged from the kitchen. A generous heap of shrimp and candied walnuts was surrounded by a beautiful ring of fresh orange slices. The shrimp had been lightly dredged in a dusting of corn starch and briefly deep fried, then coated with a thin dressing of Japanese mayonnaise. The fleshy crustateans had the slightest bit of snap on the outside and were cooked until the magic moment. If you’ve ever cooked shrimp, you know there’s a small window to perfection. Ichiban’s Hong Kong-based chefs nailed it. And if you hesitate at the word mayonnaise, keep in mind this stuff isn’t the potato salad slather you grew up with.

The Japanese version is thinner, sweeter and balanced with an apple cider vinegar tartness. It just made the whole dish special and set itself off nicely from the sweet, crunchy walnuts.

I also asked Meng if he’d ever consider offering some Malaysian dishes on a trial basis, maybe try them as specials.

There is a Malaysian style snapper dish quietly listed last under Chef Specials, which I shall try next time. Aside from that, he seems reluctant to fix what isn’t broken. There’s the lo mein, chop suey and egg foo young of our American childhoods.

One blog I consulted in writing this column admonished thusly about General Tso’s chicken: “Come on, this guy was too busy warding off rebellions to be cooking.” But no matter, in Meng’s kitchen, it’s going to be good. RG

Ichiban Japanese & Chinese Cuisine 1520 Broadway, Fort Myers Mon - Thurs: 11 a.m. – 10 p.m.

Fri - Sat: 11 a.m. – 11 p.m.

Sun: 12 – 9 p.m.

(239) 334-6991 Dine-in, delivery, take-out Sara Fitzpatrick Comito is publications editor for Conric PR & Marketing | Publishing, and associate editor of Res Gestae magazine.

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

An essential vocabulary Nigiri sushi: Sliced fish or another topping like tamago (fried egg) on top of vinegared rice Temaki: Cone-shaped hand rolls Maki sushi: A sushi roll, made by wrapping seaweed and rice around the ingredients. This is then sliced into bite-size pieces. A California roll is popular for beginners.

Wasabi: a pungent green paste with a horseradish-like sharpness.

Too much and your eyes will water!

Tataki: A loin of tuna or beef quickly seared so it’s quite rare in the middle, then sliced thin. Often served with ponzu, a citrusinfused soy sauce.

Some select fishes: Tako (octopus) Hamachi (yellowtail snapper) Unagi (freshwater eel) Tobiko (flying fish roe) Sake (salmon) Maguro (tuna)

22

RES GESTAE | November 2013

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23

A Community of Support

With gratitude, LCBA highlights its business sponsors

Serving the citizens and legal community of Lee County since 1949. That’s what the Lee County Bar Association does. Special events, luncheons, awards galas, happy hours, continuing legal education, practice sections, lawyer referrals, Constitution Week, mock trials, free public law clinics…and we’re not even scratching the surface. How can one organization possibly do all these things all by itself? The answer is: it doesn’t. Many hands make light work, the saying goes. The willing contribution of so many legal and business supporters that always have the back of the LCBA, its members and the community continually bears this out.

In this season of thanks, we’d like to dedicate this space to our sponsors in the business community. Perhaps they sponsor events like the Bench/Bar gala, the new Hump Day Happy Hour, Judge Lundy’s Buckingham Bar-B-Q (Nov. 16!) or special membership meetings like last month’s Pro Bono Service Awards. Maybe they also choose to reinforce their business’ relationship with members by way of reserving monthly ad space in this magazine.

Without their help, your LCBA might be an entirely different kind of organization. We’ve invited its major supporters to introduce their businesses, and to describe in their own words why they choose to support this venerable association.

Allied Business Solutions Captiva Island and Califon, NJ (239) 472-5506, www.alliedbizsolutions.com Allied Business Solutions has been a Florida licensed private investigation agency since 1989.

David B. Watts, legal investigator: “The LCBA has supported my company by publishing my investigationrelated articles in Res Gestae, which I deeply appreciate. Speaking from experience, that does not happen for a David B. Watts, CLI, FCI non-attorney person in Licensed Private Investigator most other states. But that is not the only reason I support the LCBA. For many years I have worked with other lawyer groups around the country and never have I found a more open, friendly and cooperative group of professionals. Inasmuch as every partnership requires mutual participation, I certainly want to reciprocate by offering my whole-hearted support in return. There is something special about the LCBA and I hope it never changes.

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RES GESTAE | November 2013

CONRIC PR & Marketing | Publishing 7370 College Parkway, Suite 206, Fort Myers (239) 690-9840 www.conricholdings.com CONRIC PR & Marketing | Publishing provides creative public relations, marketing, graphic design, advertising, writing and publishing services to individuals and businesses of all sizes in the Southwest Florida community and is the publisher of Res Gestae.

Connie RamosWilliams, CEO: “Our team of professionals at CONRIC PR & Marketing | Publishing are proud to support the local Lee County Bar Association and their members. The LCBA has close to 1,000 active members, many of whom serve our community by providing pro bono legal services to the Connie Ramos Williams indigent, law education President & CEO and mentorship to high school students during Mock Trial, free legal advice to those in need during Law in the Mall, as well as, their time, talent,

and treasure to a multitude of area non-profits. It is for this reason, we go above and beyond to assist the LCBA with their public relations, advertising, and marketing needs. The LCBA’s new logo, their ad that runs in the Business Observer, and some of the media coverage they received this year were among some of the creative design and marketing services we provided.”

CopyLady, Inc. 1949 Dana Drive, Fort Myers (239) 939-5383, www.copylady.com CopyLady offers new, used, and guaranteed pre-owned multi-function copiers, printers, scanners and fax machines for purchase, lease, rent, installation and delivery.

Cynthia Duff, president and CEO: “We have supported the LCBA for over a decade. We enjoy the camaraderie we share with LCBA members. The association provides us with relevant information Cynthia Duff, President - CEO on the happenings within the legal community through their various programs and events. This helps us at CopyLady to be more effective in finding document solutions, applications and hardware for its members.”

Dial-a-Nurse, Inc. 3949 Evans Ave, Suite 303, Fort Myers (239) 939-1228, www.dialanurse.com

Brenda Barrett, Office Manager

Dial-a-Nurse is a family-owned and operated award-winning nursing agency that has served the residents of Lee and Collier County for 34 years and provides all levels of nursing care.

Ted Wolfendale, Esq., administrator: “As an owner of Dial-a-Nurse home health agency and a local attorney, my fellow colleagues have been very supportive in contacting

me regarding assisting their clients and family members who are in need of nursing or home health care to permit their clients and loved ones to remain in their homes and maintain independence. Res Gestae provides a wonderful forum to reach my colleagues in the legal community.”

Edison National Bank Cleveland Avenue, River District, Sanibel and Captiva (239) 466-1800 www.edisonnationalbank.com Edison National Bank/ Bank of the Islands is Lee County’s oldest locally owned and managed community bank.

Geoffrey W. Roepstorff, CEO: “For Lee County to thrive, we need great pillars in the community, including a strong legal system. That’s why we’re proud to support LCBA.” Geoffrey W. Roepstorff, CEO

FineMark National Bank & Trust 12681 Creekside Lane, Fort Myers (239) 461-5944 Fax (239) 461-5905 www.finemarkbank.com FineMark National Bank & Trust is focused on providing the highest level of client service, building deep relationships and giving back to the community.

Jessica Stilwell, marketing director: “FineMark National Bank & Trust is pleased to support The Lee County Bar Association on and its mission to education and public responsibility through Tiffany Williams Vice President & Banking Office Manager our monthly ad in Res Gestae. It gives us a wonderful opportunity to interact with the Lee County Bar members and share information on FineMark’s services.”

November 2013 | RES GESTAE

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Fort Myers Court Reporting 2231 First Street, Fort Myers (239) 334-1411, www.fmcr-ncr.com

Serving the legal community in the 20th Judicial Circuit since 1993, Fort Myers Court Reporting is committed to providing you with professional court reporting and transcription services utilizing the latest available technology.

Gail M. Lawson, owner: “We feel it important to support our local bar Gail Lawson, Owner association because without them we would not be in business, and regardless of advances in technology, relationships cannot be automated.”

GoQloud 6371 Presidential Court Suite C, Fort Myers carlos.cavero@goqloud.com, www.goqloud.com GoQloud is a cloud service and solutions provider headquartered in Fort Myers. It offers customized cloud solutions to businesses, both large and small, with a special emphasis on cloud solutions for the legal community.

Carlos Cavero, CEO: “Having worked in the legal field early on in my career, it wasn’t until I met Nanci and her amazing staff at the Lee County Bar that I realized not only did they break the mold as Bar Associations go, but the level of passion and dedication put forth truly made LCBA a special place. I have always strived to be part of something larger than myself both personally and professionally. My support of the LCBA reinforces that belief and the common goal of giving back to our community we share with our fellow LCBA sponsors.”

Hotel Indigo Fort Myers 1520 Broadway, Fort Myers (239) 337-3446, www.hotelftmyers.com

Carol Chamberlain, Director of Sales & Lindsey Harry, Guest Services Representative - Inspiration Maker

Hotel Indigo in charming downtown Fort Myers is all about delivering the unique experience of a boutique style hotel to 26

RES GESTAE | November 2013

the business traveler. Engaging guests and getting to know them promotes our local historic downtown and offer our guests a more personal experience.

Catherine O’Brien, general manager: “Hotel Indigo has the pleasure of working with the LCBA not only for lodging needs but also for meetings and events. We enjoy getting to know the members and respect the fact that the association communicates in person, providing opportunities to their constituents to discuss concerns and opportunities. We thank the Lee County Bar Association for their continued business with Hotel Indigo and look forward to more business in the future. We are honored to support the health and welfare of the downtown community where we do business.”

IBERIABANK 2225 1st Street, Fort Myers (239) 332-3527, www.iberiabank.com For over 126 years, IBERIABANK has built a strong reputation based on helping individuals and businesses thrive and prosper by serving as their trusted banking partner.

Bill Valenti, market president: “The Lee County Bar Association is such a vital resource for our community. They support so many individuals and groups Bill Valenti, Market President through their pro-bono work, and the professionals that make up this prestigious group are trusted advisors to so many of us in the business community.”

Leslea Ellis, LLC 6326 Presidential Court, Suite 2, Fort Myers (239) 690-6500, www.lesleaellis.com Leslea Ellis, LLC is a CPA firm offering forensic accounting litigation support, fraud examination, accounting, and tax services in the greater Southwest Florida area.

Leslea Ellis, CPA, CFE: “Although a professional of another discipline, I clearly see the LCBA’s commitment to legal education, ethical conduct, and community Leslea G. Ellis, CPA, CFE, MAcc outreach. Their value to the Lee County community and to their members cannot be emphasized enough. This

truly creates a WIN/WIN…and who doesn’t want to support a winner?”

Lit & More 1629 Hendry Street, Fort Myers (239) 332-3369, www.litnmore.com Lit & More provides solutions to email discovery, regardless of the size of your case.

Mike Sooley, electronic discovery project manager: “Lit & More believes that within all organizations there are amazing people.

Membership in the LCBA allows us to connect with Michael Swider, Account Development and listen to those people on an individual basis, not just with the organizations they represent.”

The Veranda 2122 Second Street, Fort Myers (239) 332-2065, www.verandarestaurant.com The Veranda restaurant is celebrating 35 years of featuring the finest Southern regional cuisine and first-class service in a romantic setting.

Paul Peden, owner: “The Lee County Bar Association and its attorney members do great work in our community every day. Their members have supported us since our opening in 1978 and we appreciate their continued patronage.”

Von Ahn Associates, Inc. 2271 McGregor Boulevard, 2d Floor, Fort Myers (239) 332-7443, www.vonahnassociates.net

Merit Court Reporting 6213 Presidential Ct #100, Fort Myers (239) 481-1300, www.meritcourtreporting.net

Maryann Wagner, RPR

Merit Court Reporting is a full service court reporting firm available for all your court reporting and transcription needs.

Maryanne Wagner, owner: “I believe it’s important to support a valuable organization like the Lee County Bar Association, which not only provides information regarding the legal profession to the public but also fosters relationships among local legal professionals.”

ShaBro Alternative Office Solutions 1415 Dean Street, Suite 111, Fort Myers (239) 437-3016, www.shabroofficesolutions.com ShaBro helps the small business with office management services such as bookkeeping, accounting and human resources, and also offers business consulting.

Sharon Brotherton, chief business advocate: “I live, work and play downtown, and an organization that works to improve the community is worthy of our support. It’s also a value of mine to give back to the legal community that I serve.”

Margaret W. Miller, RPR, FPR

With more than 25 years of experience in Fort Myers, Von Ahn Associates is a full-service court reporting company serving clients throughout Southwest Florida. It takes a great deal of pride in the accuracy and speed of its reporters.

Margaret W. Miller, RPR, FPR: “We support the Lee County Bar Association to help foster and encourage goodwill throughout the legal profession in Lee County.”

West, a Thomson Reuters business (239) 514-0422 www.legalsolutions.thomsonreuters.com Legal Solutions for Small Law Firms…

Brandy Woodson, law firm consultant: “With a mission to serve as a leader, promote the legal system in the community, improve the profession while fostering an environment of internal ethics and public responsibility, how can anyone not support the LCBA? We love what you do and what you stand for. Thank you for allowing us to work so closely with you.

Thomson Reuters will stand next to you now and moving forward.” *** By now you’ll undoubtedly appreciate the heroic support of so many companies who share the basic goal of the LCBA’s membership: to promote the quality of life in the community where you live, play and work. Please join us in offering them our thanks – and keep them in mind when you need products and services to enhance your own business.Thanks again to all our supporters in the business and legal communities! RG

November 2013 | RES GESTAE

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You’ll Never Look at Blocks the Same Way Again

www.BlockHeadLaw.com The materials and information are not, nor are they intended to be, legal advice. You should never accept the advice of a toy attorney. Any resemblance between these characters and any persons, living or dead, or any real business or institution, is a miracle.

LEGO® is a trademark of the LEGO Group of companies.

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

100 Club

Aloia Roland & Lubell, LLP

Knott Ebelini Hart

Andrew S. Epstein, P.A.

Kuhn Law Firm, PA

Arend & Sisk, P.A.

Kushner & Kushner

Bonita Springs City Attorney’s Office

Lee County Legal Aid Society, Inc.

Costello Royston & Wicker, P.A.

Luis E. Insignares, Attorneys at Law

Boyle Gentile Leonard & Crockett P.A.

The Livingston Law Firm

Bruno & Prado, PLLC

The Law Firm of Scott T. Moorey

Burandt, Adamski & Feichthaler, P.L.

Norma Hand Brill, P.A.

Calvo & Calvo

North Law Firm, P.A.

Coleman & Coleman

The O’Brien Law Firm

Engvalson & Associates, P.A.

O’Halloran & O’Halloran, Attorneys at Law

Fort Myers City Attorney’s Office Fowler White Boggs, P.A. Freidin • Dobrinsky

Leslea Ellis, LLC

Certified Public Accountant  Certified Fraud Examiner

Dissipation, depletion, or destruction of assets

Significant changes in spending habits

These unknowns may impede the path to equitable distribution of marital assets Incomplete Undisclosed or diverted assets

financial disclosure

-

6326 Presidential Court Suite 2 Fort Myers, FL 33919 

(239) 690-6500 www.

28

LesleaEllis.com

RES GESTAE | November 2013

McQuagge Law Firm

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

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, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys PA Steinberg & Linn, P.A.

Green, Schoenfeld & Kyle, LLP

Strayhorn and Persons, P.L.

Grossman Law & Conflict Management

Toll Law

Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. Joseph R. Gaeta, P.A. The Law Offices of Kevin F. Jursinski, P.A.

Thompson Family Law, P.A. Viles & Beckman, LLC Webb & Scarmozzino, P.A. Weldon & Rothman, P.L. The Wilbur Smith Law Firm, PLLC Yeslow & Koeppel, P.A.

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

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North Naples — 5621 Strand Boulevard, Suite 201, Naples, FL 34110 Punta Gorda — 315 E. Olympia Avenue, Suite 221, Punta Gorda, FL 33950 PHONE: 239-332-7443

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• Privacy policies, website hosting and development agreements • Trademarks, copyrights, patents and more Katharyn E. Owen, Esq. Intellectual Property & Technology Lawyer owen@wmrlawoffice.com

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239-542-0700 Warchol, Merchant & Rollings, LLP www.WMRLawOffice.com 1633 SE 47th Terrace • Cape Coral, FL 33904 November 2013 | RES GESTAE

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LCBA Constitution Social Week Membership Scene Meeting Pictures

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1 Ron Buschbom, Hon. George Brescher, Hon. John E. Steele from The Middle District of Florida and Christina Harris Schwinn 1 2 Hon. Tara Paluck, Carlos Kelly and Shannon Puopolo 2 3 Darlene Ann Grossman, pictured with Kenneth Jones and Kelly 3 Fayer, accepts the donation for Voices for Kids 4 The Hon. John E Steele speaks to members about 4 The Constitution 5 Raelyn Means and Alicia Guerra from Voices for Kids 5 6 Eunice Gedeon, Jo Ellen Kane, Hon. R. Thomas Corbin 6 and Mary Evans 7 7 Darlene Ann Grossman with LCBA sponsors Cynthia Duff from CopyLady and Leslea Ellis from Leslea Ellis, LLC. 8 8 Janette Smith and Katharyn Owen 9 Claudia Volk, Che Diaz, Barbara Cossu, Hon. John E. Steele, 9 Hon. Josephine Gagliardi and Hon. Archie B. Hayward

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Constitution Week in the schools and

LCBA Social

at Leslea Ellis, LLC.’s new location

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1 Teacher Jesse Aycock , Toni Peck and Teacher David Johnson at Alva Middle School 2 Toni Peck speaks to students at Alva Middle School 3 James L. O’Leary, II, speaks at Bonita Springs Middle School. Photo courtesy of Mr. O’Leary 4 Sean Farrell, Danielle Levy and Blake Hampton 5 Guichard St. Surin and Kristianna Rodriguez 6 Ron Buschbom and Janette Smith 7 Rick Williams, Theresa Daniels and event sponsor, Leslea Ellis Photos courtesy of Kat Godina and Claudia Volk November 2013 | RES GESTAE

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On the Bench Hon. G. Keith Cary Judge G. Keith Cary’s roots run deep in Lee County. His family came here at the turn of the twentieth century, and still operates the cattle business it started 80 years ago.

The county is a lot different these days. “The changes are unbelievable that I have seen since growing up in the area,” said Judge Cary. But it’s always been – and probably always will be – home. “I don’t think I ever considered living anywhere else.”

He recently swore in his oldest son as a Florida Bar member and he will be working at the Public Defender’s Office locally. His second son is due to graduate law school in the spring.

“My youngest broke the mold; he is already working as a stock portfolio analyst at a wealth management firm in Indianapolis.”

Judge Cary was elected to Lee County Court in 1988, where he served until his appointment to the circuit bench by Gov. Jeb Bush in 1999. With 25 years of judicial experience, he offers this advice to up-and-comers: “Always come to court prepared, do not try and fake it, do the necessary homework prior to your trial not during.”

A standout case from his early career was a murder trial he handled with his law partner Frank Alderman in Hendry County. “Our client, the wife, was accused of killing her husband. She could not speak or hear, and the entire trial was accomplished by using a sign interpreter.

Partway through the trial, the state moved for a mistrial (bad mistake).” The mistrial was granted, then the state attempted to retry the defendant. The court considered it double jeopardy, and the ruling was upheld by the Florida Supreme Court.

Today the judge is in the Family Division. “We are involved in making some of the most important decisions in a person’s life. It is a great responsibility but also very rewarding when you can help a family move on past a divorce.”

One of the great challenges currently is funding. “With the economy only slowly showing a recovery it may be some time before we have the resources necessary to properly handle the case load we have.”

When he’s not on the bench, Judge Cary enjoys being outdoors and traveling around the country. rg

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RES GESTAE | November 2013

From the Bar Kenneth A. Jones, Esq. Many attorneys profiled in this space indicate they pursued a career as an attorney based on the example of a relative, a passion for service to the community or as a logical extension of studies in political science. Kenneth A. Jones is the first to cite love as his original motivation.

Upon announcing their engagement, his future in-laws inquired as to how the young couple would make a living. “Not really knowing, I had to make something up. I was committed from that point.”

Today the Roetzel partner focuses solely on eminent domain and property rights. Career highlights include an inverse condemnation case he filed against Lee County on behalf of homeowners whose riparian rights of view had been unduly taken during construction of the Midpoint Bridge. The case resulted in financial remuneration for the clients and has been cited several times, including in the Florida Supreme Court.

It’s serious stuff, and he’s received many accolades for excellence in his field. But Jones is an attorney who doesn’t take himself too seriously, and he acknowledges a debt to luck.

“I had a very spotted record as an undergrad,” he acknowledged. Flunking out of Mercer University with a .6 GPA, he later attended community colleges, graduated from Florida Atlantic University then applied to 11 law schools. “I was rejected from 10 of them, and was accepted to Mercer University, of all places.” There he went to work at the dean’s office. One day he had the opportunity to look at his file while his coworkers were away. His transcript from FAU listed a Kenneth E. Jones. This other fellow had no less than a 3.9 GPA. “I was stunned,” he said, “but I’ve been very lucky in my career.”

When asked whether this publication should reveal such details, Jones responded he doesn’t have much law career left ahead of him.

He’s semi-retired, which he said, “simply means I play more golf than usual.” Maybe all the sunshine helps his disposition. But he also appreciates all the opportunities he’s been given, and he likes to give back. That’s why he’s a fixture on the Charity Golf Tournament Committee. “It’s a fun way to be able to do something that helps other people.” RG

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Legal Briefs Abraham joins Goldberg, Racila, D’Alessandro & Noone Sheba Abraham has joined the personal injury law firm of Goldberg, Racila, D’Alessandro & Noone, LLC at its Fort Myers office.

Previously, Abraham interned for the Honorable Devin P. Cohen of the New York City Civil Court and in the legal department of Adventist Health System. Additionally, she clerked for a Central Florida law firm that specializes in workers’ compensation claims of injured first responders. She holds both a bachelor’s degree in accounting and a juris doctor degree from the University of Florida. While attending law school, Abraham was a member of the nationally recognized University of Florida Tax Moot Court team. She also served as a student ambassador to the South Asian Bar Association of Florida. Prior to law school, Sheba worked as a financial analyst for Siemens Energy.

Managing Partner Scot D. Goldberg said, “We are really excited to have someone with Sheba’s talent and intellect join our firm, and are anticipating she will create additional resources with which we can help our clients.”

Hertz speaks at Gulf Elementary for Constitution Week Scott J. Hertz, associate attorney with Goldstein, Buckley, Cechman, Rice & Purtz, P.A., was the guest speaker at Gulf Elementary School in Cape Coral as part of Constitution Week, a celebration of our nation’s history and the adoption of the U.S. Constitution.

Constitution Week honors the privileges and responsibilities of U.S. citizenship for both native-born and naturalized citizens, while commemorating the creation and signing of the Constitution.

“It was a pleasure to have such an amazing dad share his knowledge with us,” said Lorraine Pisano, a third grade teacher at Gulf Elementary. “My students were excited to learn more about our country’s history and founding principles from someone who works in the field of law. It was a terrific experience for them.”

A graduate of Ave Maria School of Law, Hertz focuses his practice on commercial, construction,

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Legal Briefs Swinging away at the Justice Center Clerk of Court Linda Doggett recently swung at an interior wall with a sledge hammer. The occasion marked the beginning of the long awaited demolition of the wall that stands in the way of the only walk-through from the second floor of the Justice Center proper to the courtrooms and facilities located in the Justice Center towers.

Doggett said, “I am very happy the construction has started to open this second floor access. This walk-through will make it so much easier to get from one side of this large complex to the other and is especially beneficial for attorneys who need to visit our Civil Office before or after court and for the citizens serving jury duty.”

Beginning in December, Clerk of Court customers, jurors and attorneys will be able to reach their destinations without having to navigate a maze of corridors and multiple elevators.

Linde receives new board certification Matthew A. Linde has become board certified by The Florida Bar in Wills, Trusts and Estates.

Board certified lawyers’ experience and competency have been rigorously evaluated, and Florida Bar Board Certified lawyers are the only Florida lawyers allowed to refer to themselves as specialists or experts when referring to their legal credentials. Criteria for certification include length of practice, peer review of competence and professionalism, specialized continuing legal education requirements, and a substantial involvement in the chosen field of law. There are approximately 335 Florida Bar Board Certified lawyers in Wills, Trust and Estates.

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Linde practices in South Fort Myers in the areas of probate, trust and guardianship litigation and administration and estate and tax planning.

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Legal Briefs Smith named Resident at Law at Laird A. Lile, P.A. Sydney A. Smith has been selected as the second Resident at Law at the Naples law firm Laird A. Lile, P.A. Smith earned her J.D. from Stetson University College of Law and her B.A. from the University of Florida. A member of the Phi Alpha Delta law fraternity and the Elder Law Society at Stetson, Smith passed The Florida Bar exam in September.

Laird A. Lile introduced the Resident at Law program in 2011 for his wills, trusts and estates practice as a way to successfully transition law school graduates from the classroom to the practice of law, much as physicians do upon completing medical school. The 18-month residency program offers a salary, participation in professional organizations and bar meetings with all fees covered by the firm, and hands-on experience with clients and real legal cases, with no minimum billable-hour requirement.

“The Resident at Law concept has been well-received within the legal profession,” said Lile. “The experience has been rewarding both for me and our first resident, Patrick Mize. In fact, Patrick will remain with the firm and assist with Sydney’s transition into our practice.”

Wegner joins Pavese Law Firm P. Christopher Wegner has joined the Pavese Law Firm, primarily focusing on the area of tax and asset protection. Previously, he was a sole practitioner in practice areas including asset protection, business, corporate, employee agreements and benefits, entity formation, estate tax planning, healthcare, international tax law, limited liability companies, partnerships, tax controversy, and tax law, planning, and trusts. Prior to having his own law firm, Wegner worked as a temporary staff attorney for the U.S. Magistrate Judge Mark A. Pizzo.

Wegner received his undergraduate degree from Florida Gulf Coast University in 2002 where he majored in computer science and then obtained his law degree from Stetson University School of Law. At Stetson, he was on the National Dean’s List, was a Collegiate Academic All American, and was a recipient of book awards in Civil Procedure, Contracts II and Agency.

Aside from practicing, Wegner is a member of the Leadership Collier Foundation Alumni Steering Committee.

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Legal Briefs Giordano becomes SWFBPA vice president Paul A. Giordano was recently sworn in as vice president of the Southwest Florida Bankruptcy Professionals Association (SWFBPA).

The SWFBPA is a voluntary group of attorneys, judges, paralegals and other interested members. The group meets and communicates on a regular basis, with the goal of keeping the members informed of current issues and developing ways to streamline the bankruptcy process for the court, attorneys and clients.

Giordano, a partner with Roetzel, is past secretary of the SWFBPA. He handles a variety of business and commercial litigation, with a special focus on bankruptcy and creditors’ rights, partnership disputes, commercial foreclosures, contract and corporate disputes, and general and professional liability lawsuits. He also has experience in insurance coverage litigation, and jury and non-jury trial.

Grossman becomes Supreme Court Qualified Arbitrator Keith Grossman, founder and managing partner of Grossman Law & Conflict Management, has earned the distinction of Florida Supreme Court Qualified Arbitrator. This certification will allow Grossman to offer arbitration services to the Southwest Florida area.

Keith Grossman has over 20 years of law experience both in and out of the courtroom, focusing on employment law, family law, and conflict management.

Grossman also serves as Florida Supreme Court certified family and civil mediator. He helped to establish and supervise the Family Law Resource Center, which is a program that helps families going through divorce navigate the court system and reduce the conflict that is often associated with the divorce process. Grossman also often presents on the topics of avoiding conflict and effective conflict management in and outside of the workplace for organizations and companies in the Southwest Florida Community.

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Legal Briefs Richmond joins Henderson Franklin’s family law team Kayla Richmond has joined Henderson, Franklin, Starnes & Holt, P.A., as an associate in the divorce, marital and family law practice area. She will handle dissolution of marriage, custody, paternity, child support and domestic violence injunctions.

Richmond served as a summer associate with the firm in 2012, and worked as a law clerk for the Honorable David A. Demers in Florida’s 6th Judicial Circuit Court, doing appellate work.

While attending law school, Richmond served as the chief of the Stetson Ambassador Program. She was also secretary of the Business Law Society and participated in Inns of Court. She received the Dean’s Award and William F. Blews Pro Bono Award.

Richmond is a Fort Myers native, graduating from Fort Myers High School in 2006.

Traficante named Relay For Life chair Michael Traficante, a shareholder of Grant Fridkin Pearson, has been named event chair for the Relay For Life of Naples. Relay For Life of Naples is the number one grossing Relay in the State of Florida and is the thenth largest across the country. He has volunteered with the American Cancer Society since 1998 and has had several loved ones who have been affected by cancer.

Funds raised at Relay For Life of Naples help the ACA impact the lives of those touched by cancer through funding research, providing services such as rides to treatments, and support through the patient services support center. The 2013 Relay For Life of Naples raised $590,000 to help the American Cancer Society save more lives by helping people stay well, get well, by finding cures and by fighting back.

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Fort Myers oFFice

(Principal Office) 1533 Hendry Street, Suite 200 Fort Myers, FL 33901

Also in Port Charlotte

Phone: 239-461-5508

Legal Briefs Evans speaks on the LCBA at Rotary Club LCBA President Mary C. Evans presented “What Can the LCBA Do For You?” at the Rotary Club of Fort Myers South meeting on October 7. She shared information about the LCBA and the services it offers to the community at the meeting, which was held at the Crown Plaza Fort Myers.

“The Lee County Bar Association is here to serve the community in many ways,” Evans said. “Many people are unaware of the services that we offer to the community, and I hope that by speaking with the Rotary Club of Fort Myers South I can help educate the public about what the LCBA is and what we do.”

Evans aims to continue to educate the public in hopes that more Lee County citizens will utilize these helpful services.

VanBenschoten earns advanced paralegal certification Kelly B. VanBenschoten has completed the advanced paralegal certification program on Contracts Administration/Contracts Management, earning her third Advanced Certified Paralegal (ACP) credential. The Pavese Law Firm paralegal previously earned her ACP designation in Land Use and Real Estate Principles, as well as her Certified Paralegal designation.

The advanced paralegal certification program is provided by NALA, the association of legal assistants and paralegals, which requires paralegals to successfully complete advanced legal coursework and to maintain the certified paralegal credential.

Prior to joining Pavese Law Firm, VanBenschoten was a paralegal working on large-scale residential and commercial transactions in the Fort Lauderdale area for 13 years.

VanBenschoten earned a degree in paralegal studies from Broward College with high honors, is a member of Lambda Epsilon Chi, the national honor society founded by the American Association for Paralegal Education, and served as the student advisor for the Legal Assisting Program Advisory Board for Broward College.

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Calendar of Events Mediation and arbitration

When it comes to mediation and arbitration, we understand.

Nov 1 Nov 8

Young Lawyers Division Lunch Meeting French Connection Noon

Membership Committee Meeting

Henderson Franklin Conference Room 1 Noon

RPPTL Practice Section Lunch

Lee County Justice Center in Court Room 4H Noon

Nov 16

Meet the Henderson Franklin attorneys ready to help:

Nov 20 Nov 21

Judge Lundy’s Buckingham Bar-B-Q & New Judges’ Toast 6250 Jackson Road, Fort Myers, FL 33905 1:00pm- dark Sponsors: iBERIABANK, Kelly L. Fayer, PA, CopyLady, Henderson Franklin Starnes & Holt, PA; West

NEW DATE! Executive Council Meeting Mary Evans’ Office 5:15pm

Family Law Section Brown Bag Lunch TBA

ADR Practice Section Brown Bag Lunch Meeting & CLE TBA

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

C. richard Mancini

robert C. Shearman

Supreme Court Certified Circuit Civil Mediator FINRA Certified Arbitrator

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

Nov 22

Nov 28 & 29

Dec 4 Dec 6 L. david Sims Florida Bar Board Certified Marital and Family Lawyer Certified Family Mediator

G. donald thomson

eugene “Chip” H. Smith

Supreme Court Certified Circuit Civil Mediator

Supreme Court Certified Circuit Civil Mediator

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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* By appointment only

LCBA Office Closed Executive Council Meeting Mary Evans’ Office 5:15pm

Young Lawyers Division Lunch Meeting French Connection Noon

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

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

Sidney & Berne Davis Art Center 11:45am Sponsors: Henderson Franklin Starnes & Holt, PA, iBERIABANK, Kelly L. Fayer, PA

Holiday Party

Dec 13

• Circuit Court Mediation • Commercial and Civil Litigation, including Personal Injury • Construction Law Disputes • Corporate Partnership Disputes • Employment Law and Civil Rights Disputes

Membership Meeting “Annual Meeting” & Installation of LCBA Officers

Membership Committee Meeting

Henderson Franklin Conference Room 1 Noon

RPPTL Practice Section Lunch Noon

Dec 19 Dec 24

Family Law Section Brown Bag Lunch TBA

LCBA Office Closed through Jan 1

Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events.

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org

âš–

Terrence M. DeSalvo, Jr. The Law Office of Terrence M. DeSalvo Jr., PL Reuben A. Doupè Klaus Doupè, P.A. Alicia L. Guerra Guardian ad Litem Julie Clark Ireland Cole, Scott & Kissane, P.A. Amanda L. Levy-Reis Staff Attorney - US District Court Anitra F. Raiford Law Clerk for Hon. Sheri Polster Chappell Leonard P. Reina Leonard P. Reina, P.A. Jamie J. Sammon Law Student Alvaro C. Sanchez Burandt, Adamski & Feichthaler, PL Audrey M. Singleton Audrey M. Singleton Attorney at Law Lee C. Viacava Viacava & Cantor Andrew G. Weyl Hodges University Brigette L. Willauer Law Clerk for Hon. Sheri Polster Chappell Steven H. Wetter Steven Wetter Attorney at Law, PA

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