Res Gestae November 2014 by Lee County Bar Association

THE OFFICIAL PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION NOVEMBER 2014

“WHY I GIVE THANKS FOR MY JA” Judges recognize their unsung heroes

The Local

Professionalism Panel

2014

Award of Distinction Recipient

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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Contents features

departments

Letter from the President

Letter from the Editor

Calendar of Events

Family Law Matters

Luis E. Insignares, Esq.

Professionalism Panel

Hon. Jay B. Rosman

Why I give thanks for my JA

Sara Fitzpatrick Comito

Judges recognize their unsung heroes

Getting Health Care Right

Jim Nathan, President - Lee Memorial Health System

by John D. Agnew, Esq.

by Nanci DuBois

Same sex marriage update

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EXECUTIVE EDITOR Nanci DuBois 239.334.0047

20 100 Club

ASSOCIATE EDITOR Sara Fitzpatrick Comito

CREATIVE DIRECTOR April Bordeaux

New Members

26 Legal Lens

Social scene photos

28 Community Connection

United Way Featuring Mary Vlasak Snell, Esq.

Sara Fitzpatrick Comito

30 The Dish

239.334.0047 resgestae@leebar.org

Fancy’s Southern Cafe´

34 On the Bench

Hon. George Richards

ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Sara Fitzpatrick Comito John D. Agnew, Esq. Nanci DuBois Hon. Jay B. Rosman Luis E. Insignares, Esq. Jim Nathan BILLING INQUIRIES 239.334.0047

35 From the Bar

Aaron A. Haak, Esq. Tricia A. Spivey, Esq.

36 Constitution Week 2014 37

Real Estate

Where to buy, sell or lease

40 Legal Briefs

News and happenings

Our advertisers support the LCBA. Please do your best to support them in return!

30 4

RES GESTAE | November 2014

Happy Thanksgiving!

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. Cover Design: April Bordeaux 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 With Thanksgiving just around the corner and only one month remaining in my term as President, I thought it would be fitting to dedicate this month’s column to the Barrelated accomplishments for which I am thankful for in 2014. Since the beginning of the year, we have: • conducted a formal survey of our members to determine what to sustain and where we can improve as an organization, then acted on those recommendations; • amended the Bylaws to expand the Executive Council from five to nine members, the majority of whom will serve staggered, two-year terms. The result will be a more inclusive EC, with frequent infusion of new blood and ideas, and a group large enough to properly serve the diverse needs of a membership that has grown exponentially since our former (1949) model was enacted; •

strengthened the focus of our mission, by increasing live CLE offerings by 25% over last year (from 12 to 16) and by fostering an improved environment of public responsibility by spotlighting a local non-profit at each monthly membership meeting;

•

launched an entirely new website, inclusive of a member-only directory, interactive calendar permitting on-line registration and sponsoring of events, automated Lawyer Referral Service intake, and member - only access to Res Gestae (which received three state-wide awards this year); and

•

shattered our previous record for charitable giving, after the Fourth Annual Charity Golf Tournament netted the PACE Center for Girls of Lee County nearly $25,000 - an act that resulted in PACE dedicating a room in its school for the LCBA.

Add these more extraordinary accomplishments to our long-time staples - such as hosting the high school mock trial competition, the bench/bar gala, law week activities, our monthly membership meetings and other social activities - and the amount of good the LCBA has accomplished this year is even more impressive. Of course, it would have been impossible without: •

the hard work of my fellow EC members, Anne Dalton, Scott Atwood, Kelly Fayer and Dan Endrizal, who helped in the creation of the visions for this year;

•

the unwavering support and dedication of our full-time staff, Executive Director Nanci DuBois and Executive Assistant Lisa Poulin, without whom many of the visions would never become a reality;

•

the strength and independence of our section and committee chairs, as well as our many other volunteers who breathe life not only into their sections and committees but into the Bar as a whole; and

•

the generosity of our sponsors, whose support allows us to do so much more than we would otherwise be able.

To all of you, I am grateful and indebted. It has been an honor to lead this organization in 2014. John D. Agnew, Esq. | john.agnew@henlaw.com | (239) 344-1364 6

RES GESTAE | November 2014

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM Executive Director Nanci G. DuBois Executive Assistant, Lawyer Referral & Pro Bono Coordinator Lisa Poulin

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 Kimberly Bocelli, Esq.

COMMITTEES History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin Mock Trial Mary C. Evans, Esq. Past President Mary C. Evans, Esq. Pro Bono Audrey M. Singleton, Esq. & Katie Berkey, Esq. Membership Janette Smith, Esq. Social Events Amanda Mitteer-Bartley, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Law Margaret White-Small, Esq. & Stacy Sherman, Esq Criminal Law Keith Upson, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. General Civil & Business Litigation Mary Ellen Briedé, Esq. & Carlos Kelly, Esq. 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 Last month’s Membership Meeting lauded those attorneys who, through connection and referrals from Florida Rural Legal Services (FRLS), contributed pro bono services when asked. Promoting these attorneys for their selfless acts of kindness is my distinct honor. When an attorney takes a pro bono case, especially in an atmosphere of pressure to get those billable hours logged, there is a measure of sacrifice that has a personal satisfaction element to it. While some cases are very time-consuming and difficult, most have ready solutions and can be swiftly resolved and concluded. Pro bono legal services are the ultimate gift of any attorney’s professional life, and our attorneys are legendary for their contribution in this manner. If you have not experienced the rewards of taking a pro bono case yet, when you receive your membership renewal form this month, please check the box that tells us you are willing to start doing so this coming year. We assist FRLS with case placements. We currently have five cases needing placement. Please connect with Lisa Poulin at admin@leebar.org to commit today! 1. Guardianship of a child – dependency matters 2. Probate 3. Probate 4. Trust 5. Mineral Rights Let’s DO LUNCH! Attorneys and advertisers, lend me your ear… Fall in Florida means outdoor fun like golfing, fishing and the Buckingham BBQ on Nov. 8. It also means Lee County Bar Association budget planning for 2015. Between all the CLEs, social events, meetings, special projects and much more that this organization plans to offer in the coming year, your membership dues simply can’t do it all. Sponsorships are an important way to support and expand our programs while achieving cost effective exposure for your business. Sponsorships are also a way for you to help determine what events and programs matter, while helping to keep dues low, so we can expand our membership and provide yet more value to all. It has been years since we have initiated an increase in membership fees, and we are motivated to extend that record. Would you like to earmark your sponsorship for some of our convenient educational initiatives? We are planning to host an ethics CLE immediately before each luncheon in 2015, for instance. Under the leadership of our Law Related Education Chair T. Rankin Terry, our Lawyers’ Lending Library of CLEs is also set to grow, and that requires extra funds to stay current. Our luncheons, practice sections and special events all provide opportunities for exposure for your business. We have an exciting year of meetings and events planned that you’ll find simply irresistible. Give me a call so we can set up a lunch meeting at your convenience, or e-mail me today at info@leebar.org. Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102 8

RES GESTAE | November 2014

AD DIRECTORY Allied Business Solutions 17 Ave Maria School of Law IFC Barbara Pizzolato 11 Berke Law Firm, PA 38 Birch Company, The 39 Boyle, Gentile & Leonard, PA 13 Buchanan Ingersoll Rooney PC | Fowler White Boggs 15 Burkett Law 9 Buschbom Mediations 11 Business Observer 15 Calvo & Calvo Attorneys at Law 13 CONRIC PR & Marketing | Publishing 27 Corbin Henderson Company 39 Dial-a-Nurse 27 Donna Tisch 33 Edison National Bank BC Estero Country Club 18 Fort Myers Court Reporting 17 Freidin, Dobrinsky, Brown & Rosenblum, PA 7 Garvin Law Firm 9 Goldberg, Racila, D’Alessandro & Noone, LLC 11 Gregory N. Woods 43 Hahn Loeser & Parks, LLP 14 Heather FItzenhagen 34 Henderson, Franklin, Starnes & Holt, P.A. 10 Hendry Street Partnership 39 Ivy Group Consultants, Inc. 38 Jason L. Gunter, P.A. 15 Joel H. Brown 17 Jurisco 33 Kempton P. Logan 27 Kremenchuker Law Firm 19 Kuhn Law Firm 20 Kushner & Kushner Attorneys 42 Law Firm of James Monroe 19 Law Office of Kevin F. Jursinski & Assoc., The 41 Law Office of Kevin F. Jursinski & Assoc., The 37 Law Firm of Scott T. Moorey 37 Leonard P. Reina 42 Leslea Ellis, LLC 29 Levins & Associates, LLC 19 Livingston Loeffler, PA 9 McHale Properties 38 Merit Court Reporting, Inc.© 37 Musca Law Office, Inc. 3 Mutual of Omaha Bank 40 Patterson, Eskin and Ball 38 PAYCHEX 42 Simon M. Harrison, Esq. 14 Spivey Law Firm, P.A. 5 Stephan, Cole & Associates 38 T3 Communications 31 Veranda Restaurant 31 Von Ahn & Associates 43 Veritext Court Reporting 13

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RES GESTAE | November 2014

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Annual Bench/Bar Buckingham Bar-B-Que

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General Civil & Business Litigation Practice Section Brown Bag Meeting Noon - 1 pm. Hearing Room 4H, Lee County Justice Center

RPPTL Brown Bag Meeting

Noon - 1 pm. Judge Keith Kyle’s Hearing Room 4J, Lee County Justice Center

LCBA Executive Council Meeting

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

Noon - 1 pm. Courtroom 4FLee County Justice Center. “Appeals 101: Final Means FINAL!” presenters: Gerald W. Pierce, Esq. & Lisa Worthington, Esq. (1.0 General CLE credits applied for with the Florida Bar)

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Traci T. McKee Shareholder

Noon – 1 pm at The Connection Café, 2288 First Street

Appellate Law Practice Section Brown Bag Meeting appropriate for all trial attorneys

Nov 20

Michael J. Corso Shareholder

Young Lawyers Division Meeting

Family Law Practice Section Meeting

Noon to 1 pm, Courtroom 5C, 5th Floor - Lee County Justice Center

LCBA Membership Luncheon

11:45 am – 1 pm, Sidney & Berne Davis Art Center. CLE: False Claims Act & Whistleblower Primer. Sponsored by: Freidin Dobrinksky and Vendor Tables. Members $15. Non-members: $25

LCBA Open House

2 to 5 pm. LCBA Offices. Enjoy holiday nibbles and sips with us! Bring an unwrapped gift or a donation to YLD Holidays in January for foster care children, please.

Young Lawyers Division Meeting

Noon – 1 pm at The Connection Café, 2288 First Street

Criminal Law Practice Section Brown Bag Meeting 11:30 am – 1 pm. Guest Speaker: Doug Molloy,

Esq. Details TBA online at www.leebar.org calendar

RPPTL Brown Bag Meeting

Noon - 1 pm. Judge Keith Kyle’s Hearing Room 4J, Lee County Justice Center

LCBA Executive Council Meeting

5:30 – 6:30 pm, Conference Room, Henderson Franklin Starnes & Holt, PA

Family Law Practice Section Holiday Party

Noon – 1 pm. Details TBA online at www.leebar.org calendar

LCBA Annual Membership Meeting & Installation of Officers

11:45 am - 1 pm at Sidney & Berne Davis Art Center, Fort Myers. Keynote Speaker: Jim Nathan, President and CEO of Lee Memorial Health Systems. $15 members, $25 nonmembers. Sponsored by: CopyLady; Pavese Law Firm and Vendor Tables: Lit & More

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

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Family Law Matters

A Florida Same-Sex Marriage Update

by Luis E. Insignares, Esq.

There are currently at least eight pending Florida cases involving same-sex marriage, to my knowledge. They can be subdivided on two different axes, in order to keep them straight (pardon the pun). The most obvious dichotomy by which they can be subdivided is along the federal-versus-state court demarcation. Only one case is pending in federal court, although it is actually two cases that have been consolidated because they posed the same ultimate issue. In Brenner v. Scott (consolidated with Grimsley and Albu v. Scott), the Northern District held in August 2014 that Florida must recognize other states’ valid same-sex marriages and allow same-sex Floridians to marry. Despite issuing a stay, the court ordered Florida to issue a new death certificate to one of the plaintiffs, whose partner of almost 50 years passed away this year. On September 4, the state of Florida’s Attorney General Pam Bondi, and other governmental defendants, filed an appeal to the United States Court of Appeals for the 11th Circuit. In light of the October refusal of the Supreme Court to hear any marriage equality cases in the upcoming term, the plaintiffs subsequently moved to have the stay pending appeal lifted. The remainder of the cases, in state court, can be further divided, into what I’ll call “test” cases (as Brenner can be classified), and “practical” cases. The “test” cases sometimes are brought by small groups of plaintiffs, often chosen for the “representative” and/or morally compelling nature of their claims, and often sue the state, by naming the Governor (as in Brenner) or other state officials (such as county clerks who are bound by law to deny marriage licenses to same-sex couples)

RES GESTAE | November 2014

as defendants. In these test cases, the plaintiffs are frequently represented with the assistance of advocacy groups, such the ACLU or Lambda Legal. In the “practical” cases, typically only one or two persons are plaintiffs, who is or are more commonly represented by private counsel. Frequently, the defendants in the practical cases are not state officials, but other persons with whom the plaintiff has a legal dispute, such as in a divorce or probate case. Of the seven state cases, there are three test cases, all from South Florida counties: Monroe: Huntsman v. Heavilin; Miami-Dade: Pareto v. Ruvin; and Broward: Brassner v. Lade. In the Key West and Miami cases, plaintiffs sued to be issued marriage licenses, while in the Broward case a same-sex married couple brought a declaratory judgment action to have the state Defense of Marriage Act provisions declared unconstitutional, so that they might later file a divorce suit, and have their out of state marriage dissolved. The plaintiffs in all the South Florida test cases were successful at trial: in all three cases the trial courts held Florida’s prohibition of allowing or recognizing same-sex marriages unconstitutional. Attorney General Bondi has appealed the Miami and Key West cases (with stays pending appeal), but the Broward Case hit a snag. After holding in favor of the plaintiffs, it was discovered that Bondi had not been notified of the constitutional issue (see, Fla.R.Civ.P. 1.071). The AG moved to intervene, and a do-over was declared, with the judgment vacated. The practical cases, which generally got much less publicity, had more mixed success at the trial level. Only one was initially

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Family Law Matters successful: in In Re Bangor Estate the Palm Beach County circuit court held that out of state gay marriages must be recognized in Florida probate cases. Bondi has appealed the ruling. In another, Dousset v. Florida Atlantic University, a student sued to pay lesser “in-state’” tuition, based on his marriage to a Florida resident. That case is on appeal by the plaintiff, to the Fourth DCA.

The final two cases, Shaw and Brandon-Thomas, are samesex divorce cases that were both dismissed, and are both on appeal to the Second DCA. In Shaw the Second DCA sought to have the Supreme Court immediately review the issue, but the Florida high court refused. Briefs are being filed, and the Family Law Section of the Florida Bar has voted in favor of filing an amicus brief in the case, arguing in favor of recognizing same-sex marriages. In Brandon-Thomas, several months ahead of Shaw in the appellate process, briefing had been entirely completed, but Bondi moved to intervene and was allowed to do so. By the time you read this, briefing will be closed in Brandon-Thomas, also well ahead of the test cases, and Brandon-Thomas should be (again) under advisement by the Second DCA. 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. P R O B AT E / F I D U C I A R Y L I T I G AT I O N

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A Message from the Chief Judge on The Twentieth Judicial Circuit Local Professionalism Panel (formerly known as the Peer Review Committee)

by Jay B. Rosman, Chief Judge Twentieth Judicial Circuit

I have always taken great pride in the high caliber of our bar and in the overall level of dignity, decorum and professionalism displayed by our attorneys. As members of the legal community, we have good reason to be proud of our chosen profession. However, there will always be members of the public who may feel differently. As attorneys and judges, we each have a vested interest in defending the reputation of our profession and an obligation to take every opportunity available to promote and encourage professionalism throughout our local bar membership. This is a responsibility that we owe not only to our profession, but also to the public. Those who have practiced or served in our legal community for some time will remember the circuitwide Peer Review Committee which was established in the early 2000’s for the purpose of providing mentoring and education to attorneys who displayed that which could be termed as less-than-professional behavior. The Peer Review Committee also created Local Standards of Professional Courtesy and Conduct which were adopted by the Chief Judge at that time, and which, with only a few recent minor modifications, stand as written and still govern the conduct of attorneys within the Twentieth Judicial Circuit. As time passed, the circuitwide committee appeared to have been forgotten and was superseded by professionalism efforts by our local county bar associations. In 2011, a renewed interest in professionalism at a circuitwide level was ignited by Florida Supreme Court Justice Lewis, and this renewed interest has rapidly spread throughout the statewide legal community. In December 2011, I entered an Administrative Order establishing the Twentieth Judicial Circuit Professionalism Committee, which includes Administrative Judges from each of our five (5) counties (Lee, Collier, Charlotte, Hendry, and Glades), our State Attorney, our Public Defender, our Regional Counsel, representatives of each of our local county bar associations, and a member-at-large private practitioner from the community. The composition and convening of this committee serves to 16

RES GESTAE | November 2014

bring together as an entire circuit the professionalism efforts and activities already taking place in our five (5) individual counties. The convening of the Professionalism Committee was only the first step. The second step was to re-instate and re-structure the Peer Review Committee for the purpose of once again addressing potential issues involving professional conduct of attorneys at a local level. The Professionalism Committee worked diligently, and the initial version of the restructured Peer Review Committee was up-and-running and accepting referrals as of February 2013. Subsequently, in June 2013, the Florida Supreme Court enacted a new “Code for Resolving Professionalism Complaints” for the express purpose of providing “a process to more critically address professionalism issues in Florida.” Interestingly enough, the new Code called for the Chief Judge of each circuit to “create a Local Professionalism Panel to receive and resolve professionalism complaints informally if possible.” The Twentieth Judicial Circuit was ahead of the game by having already re-activated our Peer Review Committee. The Professionalism Committee needed only to make minor modifications to be in full compliance, and renamed the Peer Review Committee to now be known as the Local Professionalism Panel. The current Twentieth Judicial Circuit Local Professionalism Panel is composed of the non-judicial members of the larger Professionalism Committee. The Local Professionalism Panel is not designed to address issues rising to the level of a violation of Florida Bar Rules and is not designed to be disciplinary in nature. Rather, it is designed to be educational and to provide guidance and mentorship to attorneys who may have “behaved badly” or below the high standards of professionalism that we set for ourselves. The Local Professionalism Panel accepts referrals and then meets independent of the Professionalism Committee to discuss and act upon referrals. Actions taken by the Local Professionalism Panel cannot be disciplinary in nature, but may include mentoring and education. The Local Professionalism Panel also may elect to issue redacted summaries of the reported professionalism issue and the manner in which it was resolved, if the Panel believes doing so would serve as a learning tool for others in the legal community. The website of the Administrative Office of the Courts of the Twentieth Judicial Circuit (www.ca.cjis20.org) hosts a webpage devoted to the Professionalism Committee and Local Professionalism Panel. Links to the webpage are accessible Continued on Page 18

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Professionalism Panel Continued from Page 16 through most of our local county bar association websites. By accessing the webpage, attorneys and members of the public will have access to the Administrative Orders governing the Professionalism Committee and Local Professionalism Panel, the Local Standards of Professional Courtesy and Conduct, an updated list of the members of the Professionalism Committee, an updated list of the members of the Local Professionalism Panel, a referral form and instructions as to how to submit a referral to the Local Professionalism Panel, plus links to valuable outside resources on professionalism. As Chair of the Twentieth Judicial Circuit Professionalism Committee, I thank and acknowledge each of the individual members of the committee for their time, effort, and commitment to professionalism, with special thanks to Michael D. Randolph, Esq., Former President of the Lee County Bar Association and Chair of the Local Professionalism Panel. I also thank at-large-member Jason H. Korn, Esq., who during the course of his career as an attorney has been active, both with the Florida Bar and locally, in promoting ethics and professionalism. Mr. Korn was a member of the original Peer Review Committee and generously offered his historical knowledge and insight to the current Professionalism Committee and Local Professionalism Panel. Finally, on behalf of the Professionalism Committee and Local Professionalism

Panel, I would like to thank our liaisons to the Florida Supreme Court and the Florida Bar for their guidance, specifically, Henry Lee Paul, Esq., member of the Florida Supreme Court Commission on Professionalism and The Florida Bar Standing Committee on Professionalism, Denise D’Aprile, Esq., member of The Florida Bar Standing Committee on Professionalism, and Chardean Hill, Esq., Bar Counsel for The Florida Bar. In closing, I commend all members of our local legal community for your service and dedication to the law and to justice. I encourage each of you to continue to strive to reach the highest levels of professionalism and to share your wisdom with others just entering the profession or who may otherwise benefit from your experience, guidance, and counsel. RG Judge Jay B. Rosman is Chair of the Twentieth Judicial Circuit Professionalism Committee, and has served as the circuit’s Chief Judge since his election in 2011. He has been a Circuit Judge since 1992, and was appointed County Court Judge for Lee County in 1986. He has earned his master’s degree in judicial studies and is currently a doctoral candidate working on his dissertation.

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Why I give thanks for my JA Judges recognize their unsung heroes

by Sara Fitzpatrick Comito

hanksgiving presents an opportunity to reflect on the people in our lives who deserve our gratitude. In this spirit, Res Gestae reached out to the county and circuit judges in Lee County to ask why they give thanks for the person who keeps them organized, on time and supplied with the knowledge they need to do their job: their JA. The praise for these unsung heroes flooded the magazine’s submissions inbox. A few judges, though, were understandably too busy to participate by deadline, even with their time management magicians at their side. Some were effusive with their praise, others more reserved in answering our questionnaire, which asked what strengths and passions each JA possessed, and what small and large acts of heroism she performed every day. It’s clear that every single judge has innumerable reasons to give thanks to his or her JA. November 2014 | RES GESTAE

Kim Ahlquist

Kim has been a great asset to both my office and me personally. I have received many compliments as to her professional and efficient manner in handling the telephone and managing the office. Kim is very good at working with people, has a good sense of humor and is always polite and conscientious.

Kim keeps me on track. Kim is the manager of my office and docket, this is done in a way so that I am able to meet all my responsibilities both in and outside the Courthouse. I would be lost without her. ~ Hon. Edward J. Volz, Jr.

•

Joanne Atkins

Joanne works extremely well with everyone. She and I have worked together for 22 years. I have total confidence that Joanne represents our office respectfully and professionally.

Recently I have decided to schedule Judicial Case Management on older cases, and Joanne has researched over 200 cases to assist me with this endeavor. She has taken on this substantial and 22

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time consuming project in addition to all of her other duties that she must perform each day. Passionate about: her service to God and her church. ~ Hon. John S. Carlin

Kate Hroncich

Kate is very organized and more importantly is able to keep me organized.

•

Janet Cason

Janet is friendly, kind and conscientious. She cares about her work and others and it shows. She keeps me organized. Whether it is the schedule, the paperwork or various judicial administration meetings, she is on top of it. She is helpful to lawyers and litigants and their family members. She’ll direct a caller or visitor to the appropriate office (and even explain where to find it in the maze of the Justice Center) when we can’t help. Passionate about: Her daughters and grandchildren. In fact, RG was not able to get a photo of Janet with the judge, because she was away welcoming her newest grandchild!) ~ Hon. Margaret O. Steinbeck

•

Robin Crivello

Robin is an amazing person. She is a People Person, compassionate, understanding and patient. She has a very strong work ethic, is a good listener and has a great sense of humor. She never complains about working late and a lot of times I have to make her go home.

Passionate about: her work, her grandkids, her kids, her dog and music. ~ Hon. Elisabeth Adams

One small way she makes my day easier: She looks through all my emails and lets me know about the ones that need immediate responses. I am able to call her outside of work hours and ask her about my upcoming activities and she is always able to keep me doing what I need to do. Passionate about: Her family. ~ Hon. H. Andrew Swett

•

Jessica Johnson

Don’t let her youthful appearance and reticent personality fool you. Jessica is a skilled and tenacious individual who knows the law as if she was a practicing attorney.

Jessica’s diligence keeps my office running smoothly and efficiently. She remains calm even when pushed by aggressive personalities. For that, she deserves a medal. Passionate about: The color, orange. Like her soothing spirit, it goes with everything! ~ Hon. Tara Pascotto Paluck

Jacque Jordan

Kind. Patient. Reliable. Attentive. Diligent. These are just a few of the multitude of positive attributes that describe my assistant. At this time of Thanksgiving, I would like to thank Jacque for all she does to help keep our docket moving forward and to serve the public. Thank you, as well, to all attorneys and staff who treat her (and all assistants) with respect and professionalism. ~ Hon. Keith R. Kyle

•

Barbara McPherson

Barbara is loyal, dependable, kind, hardworking and types like the wind. It’s wonderful to be able to walk out of a hearing, dictate an order and have her type it immediately. I’m blessed to have had Barbara with me for 13 years now. I’m a better judge thanks to Barb. ~ Hon. Leigh Frizzell Hayes

•

Denise Miller

Denise is the consummate public servant. She is very dedicated, always helpful and patient. I never have to worry about the type of impression she leaves on my behalf with the public. Denise is always pleasant and keeps a positive attitude, even on the most trying of days. Denise responds promptly to every email and phone message, rarely leaving them “until tomorrow.”

Susan Kellum

Susan excels as a people person and in the Family division we deal with a lot of different personalities. It is not unusual to have two phone calls waiting and a person at her window seeking help. She really helps me to keep on track by managing my calendar and assisting me daily as we try and find hearing time or fit in a date for that trial that really needs to get set.

Passionate about: Kids, and helping every other human being in the world. ~ Hon. Frank Mann, Jr.

•

Jean Norden

Jean is very, very patient and kind. She is courteous, even when others are not. She has a strong sense of responsibility, works hard, and is loyal. Jean changes the date in my office every morning. This one small, seemingly insignificant gesture makes a huge difference when I’m signing stacks of papers and don’t remember the date. On several occasions, she stayed with and looked after my criminal clerk, Jane, when she was dying of cancer. Passionate about: Family and empathy for others. ~ Hon. Maria E. Gonzalez

•

In her off time, Denise is passionate about her children and her church activities. At the office, she is passionate about keeping her “in-box” empty. ~ Hon. Lee A. Schreiber

Kathy Repperger

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Terry Mockler This office would fall apart without her leadership. ~ Hon. G. Keith Cary

•

Terry is the sweetest, most helpful person on the planet. Everything she does is a big help. One small thing she does to go over and above the call of duty: Meets me on the 2nd floor with robe and coffee if I’m running late.

Kathy is hard working, dedicated, intelligent, and an incredible problem solver. Once she puts her mind to something it is going to get done. She is very intuitive and knows what I’m November 2014 | RES GESTAE

thinking without me having to say anything, which makes both of our jobs easier. She once went to my kids’ school and picked them up so I wouldn’t have to break from trial. She is an extraordinary runner. ~ Hon. Michael T. McHugh

•

calendar accurate. Maria comes to work early, often leaves late, and has taken work home (despite being told not to!). Our office runs smoothly because she plans ahead and is timely on scheduling and responding to all communications. ~ Hon. J. Frank Porter

•

Kathleen Schneider Dorina Soumastre

Dorina enjoys interacting with people and helping them solve their problems. She manages the people who contact my office and manages my calendar so that I can work more efficiently and effectively. She helps me keep the work flowing smoothly.

Kathleen is patient, understanding and empathetic. She takes the time to listen to people and treat them with respect and kindness. She is diligent and hardworking and as a result, she manages to keep everything under control and on task. Passionate about: making sure that all people who come in contact with our office feel as if they have been treated properly and with the dignity they deserve. ~ Hon. Alane C. Laboda

•

Maria Sotomayo

She has always volunteered to work on committees within the court system to help improve the system. She also works with the statewide organization of JAs to set up educational seminars. Passionate about: Helping people solve their problems. ~ Hon. R. Thomas Corbin

•

Marrikka Stockman

Marrikka is a kind and compassionate person who always places the needs of other before herself.

She takes extra care in organizing our docket and many duty assignments irrespective of the amount of time it takes, even working long after the Courthouse closes. There are times I have to hurry her out of the office to make sure she gets home at a somewhat reasonable hour. Passionate about: loyalty to family, friends, coworkers and our profession. In the 13-plus years we have worked together I cannot think of a single circumstance where she put her own needs before those of others. ~ Hon. John E. Duryea, Jr.

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Lucinda Thompson

Lucinda is very professional and extremely patient. She is very well organized and she keeps me that way! Having been a trial clerk before becoming a JA, she is intimately familiar with both the Clerk’s personnel and procedures as well as the personnel and procedures in the court’s operations. She seems to always have the answers to all of my questions, but, on the rare occasion when she doesn’t, she knows where to find the answer. She is simply a nice person who is a pleasure to work with. ~ Hon. Joseph C. Fuller, Jr.

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Carol Walsh Maria is loyal and dedicated to God, her family and me. She is very efficient and mindful of keeping my docket/ 24

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Carol is a devoted, kind and intelligent person. She is always appropriate with irate citizens on the telephone and for this, I cherish her. Carol helps me to get all the information

that I need on matters before me and makes sure that I do not miss a meeting or event.

Passionate about: dead people. Carol is very much into genealogy and has just traced her family history to be eligible to be a member of the Daughters of the American Revolution. ~ Hon. Josephine Gagliardi

•

track of all the things that I have to get done. On a daily basis she listens to many problems, questions and requests. She goes above and beyond the duty by making sure that each person is taken care of.

Passionate about: helping others. She also loves her new Lab mixed rescued companion, Nicki. ~ Hon. Archie B. Hayward

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Kathy Wilkinson Deborah Zellman I would describe Kathy as one of the nicest people you ever wanted to meet and a very capable assistant. She is very patient, and willing to get the work done. My JA is able to make my day easier by being there, assisting the many people that call the office, and also by keeping

Deborah is very caring, considerate and efficient. One small way she makes my day easier: Scheduling hearings in a manner so that the parties’ cases may be called at the scheduled time.

She has done a masterful job of going through the volume of mail that comes into the office and deciphering what mail I need to see and what she may handle rather than just placing it all in my small incoming mail box. Passionate about: Leaving a favorable impression with those that she interacts with. ~ Hon. James R. Adams

•

All the JAs in the 20th Judicial Circuit deserve our respect and thanks for the hard work they do to keep the wheels of justice turning efficiently. Happy Thanksgiving! RG

Andrew J. Banyai

Leonid Kremenchuker

Alexis M. Barkis

James W. McQuade

Aiken, O’Halloran & Banyai

Kremenchuker Law Firm, P.A.

Vernis & Bowling of Southwest Florida, PA

Law Office of Kevin F. Jursinski & Associates

Anais M. Bimonte

Hon. Carol Mirando

Ralph Elver

Brantley Oakey

Florida Rural Legal Service, Inc. Ralph Elver, P.A.

Lee Hollander

Law Offices of Hollander and Hanuka

Middle District of Florida

The Law Office of Brantley Oakey

Brian C. Vigness Morgan & Morgan, P.A.

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Legal Lens 1

3 4

LCBA Luncheon

1 Miguel Fernandez and Magistrate Carloyn Swift 8 9

2 Past LCBA President Mike Randolph speaks about the Professionalism Panel 3 Barbara Melvin, Barbara Dell and Mary McDonough of the featured charity Dress for Success SW Florida 4 Dan Endrizal and Claudia Volk 5 Henry Lee Paul of the Standing Committee on Professionalism and Bar Counsel Chardean Hill 6 Laird Lyle and Suzanne Boy 7 Retired Circuit Judge George Brescher 8 Spencer Cordell and Scott Atwood 9 John Agnew and Rana Holz

RES GESTAE | November 2014

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Community Connection

Featuring Mary Vlasak Snell, Esq. by Sara Fitzpatrick Comito

Twenty-five years ago, Mary Snell was asked to serve on a United Way allocation team by a CPA who was working on one of her estate planning files. A lot has changed since then. The annual fundraising goal at that time was just over a million dollars. Today the goal is $8.89 million. The number of partner agencies 25 years ago was maybe 15 or 20, and today is 82. Some things have stayed the Mary Vlasak Snell, Esq. same, however. The United Way of Lee, Hendry, Glades and Okeechobee Counties has continued to reach its annual goal every year, regardless of the economic climate. Another constant is Snell’s commitment to the organization. Today the Pavese Law Firm attorney serves as a member of the board, secretary of the executive council and as an allocations team leader. She is continually impressed by how the organization is able to foster collaborations across the community to identify and solve problems that would be too big for any one individual or agency to overcome. Snell stays involved for many reasons. Aside from the fundraising prowess, there’s also the accountability the organization builds in. This year, for instance, about 400 community leaders visited every local agency and program that receives United Way funding to make sure each person’s gift 28

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is being spent efficiently and effectively, examining financial statements along the way. This data-intensive management ensures 91.1 cents of every dollar raised goes directly to the programs. Anyone who studies nonprofits will agree that overhead expenses in the amount of 8.9 cents on the dollar are nothing short of enviable. Additionally, money donated to United Way of Lee, Hendry, Glades and Okeechobee Counties stays in the community to help you and your neighbors. Aside from the math, Snell has also had personal experience with United Way programs. “A number of years ago my own father was diagnosed with terminal cancer. His wish was to stay home, have dignity and the comfort of his own home. The only way my mom could make that happen was to have Hope Hospice come in,” she explained. Dad got his wish, Mom received much-needed assistance, and with the help of that

Mary Snell, her daughter and friends pack food for the hungry

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Mobile food pantry in association with Harry Chapin Food Bank

United Way-funded agency, the whole family was granted peace of mind during an otherwise difficult time. Between the 82 partner agencies, 200 programs, 19 United Way houses, healthcare clinics and the 211 program to touch on every conceivable social service need in the community, it’s hard to meet anyone who hasn’t benefitted in one way or another. While interviewing for a new hire at her practice recently, Snell spoke with a young woman who shared how the United Way may have literally saved her life. She had been diagnosed with a life-threatening illness while working in a job that didn’t offer major medical benefits. She was able to get the care she needed at one of the Lee Memorial Health Services clinics at a United Way house. Snell indicated it was a humbling experience to have a job candidate come in and say, “Thank you so much for helping me and my family by helping fund the United Way houses.” Involvement in United Way is a family affair for Snell, and the organization has served well as a teaching tool. Over the years, her kids have decided to forego birthday gifts in lieu of gift cards to donate to the toy drive for the AIDS task force, for instance. On one birthday, her daughter and about 20 of her friends spent the time set aside for her birthday party to pack meals into backpacks for kids facing hunger. “I always make sure my kids understand how fortunate they are,” she said. LCBA members can get involved by holding workplace campaigns to raise funds and awareness, donate $1,000 per year to join the Keel Club (this leadership giving program currently has a local roster of about 1,400) and get involved with one of the 22 allocations teams. After an allocations process, dozens of people inevitably volunteer to serve on the board of a partner agency that impressed them. If you or someone you know needs help of any kind, from paying an electric bill to obtaining mental health services to locating affordable childcare services, call 211 or visit unitedwaylee.org for information and referral on where to find help. RG

T Q D J F U H Z E R P E D Y W V S W T C B L T C N

T I V A D I F F A L X R R R Z M K P X Q J A R I O

P Z R A S W E N A E D U D M E J Q F U N O T I S N

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ADMISSION AFFIDAVIT ALIMONY COURT CUSTODY DEDUCTION DEED DEPENDENT DEPOSITION DISCLOSURE

U M I T B T O S N E D L T T U E T O S O H A D R R

J H A T I Z O P V L L C C R N I N M N N O M E O I

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S U F O U M J S S U Y I X O S S I I E V E J U A A

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The Dish

The other day I read a Tampa Bay Tribune piece about current political affairs wherein the author identified Florida as being part of the Deep South. It never occurred to me that I was a resident of that proper noun-designated region. I’ve been through many lovely little towns in the panhandle that quite resemble their Alabaman and Georgian neighbors. Once one gets south of Gainesville, however, the state starts to resemble the Midwest with palm trees, at least along the main highways and during season, with all those Michigan plates. Matt Creach told me, “When someone says, ‘Florida isn’t the south,’ that’s something a Yankee would say, like, someone from Boston.” Guilty as charged! The owner (with brother Daniel) of Fancy’s Southern Grill didn’t know where I was from before we had this conversation, but he apparently had me pegged, if not for the question, then perhaps for an errant dropped “R” or two in my articulation of it. Then, in a soft, Florida drawl, he did the most southern thing: he launched into his family tree. Fancy’s is a beautiful restaurant, decorated with a kind of southern shabby chic aesthetic, with walls clad with reclaimed cabinetry facing, distressed wood doors, whitewashed brick, framed mirrors, sweeping fabrics and a gigantic wrought iron chandelier replete with mason jars. If Scarlett O’Hara had an antebellum storage locker, these would be the contents. With a hayloft overlooking the bar serving as a stage for live music, the concept would easily translate at an upscale Disney resort, but it’s not about that; it’s about the food. A fifth-generation Floridian, Creach wanted to share and celebrate the good, honest food he grew up eating but with an added sophistication. Rather than just getting “slapped on a plate,” as was customary at the Creach homestead, the culinary 30

RES GESTAE | November 2014

by Sara Fitzpatrick Comito Photos by Anastasiia Photography, courtesy of Fancy’s

staff at Fancy’s brings innovative plating, garnishes and sauces to the family recipes that abound on the menu. A nice variety of craft beers and fine wines are also offered. An appetizer of fried green tomatoes was served on a narrow tray and artfully drizzled with “Comeback Sauce,” which says what it does, make you come back for more. It was a well seasoned accouterment for the tangy, fleshy tomatoes encased in a delightfully brittle fried batter shell. Cheesy deep fried grits sounds like something your buddy would dare you to order at a county fair, but were light, crunchy and not at all greasy. I’m not so much of a Yankee anymore it seems, as my de facto naturalization becomes manifest (what is the exact statute in this state, where most people are from somewhere else?), that I’m innocent to the pleasures of fried catfish, shrimp and grits, crawfish etouffee, collard greens or sweet potato soufflé with marshmallows(!). But I was prepared to throw down the gauntlet to my northern-bred food attitudes. My family origins are more nebulous than those of the Creaches, but had I any Puritan forebears, they would surely be overcome at the prospect of chicken and waffles. If other dishes are plated with delicate care, the chicken and waffles make their own kind of big, southern statement.

The Dish There are many more delights to extoll, but my space has run short. By latitude, you canâ€™t get much more south in the U.S. that we are right now. But if the American South is characterized by hospitality, Fancyâ€™s is a good place to soak it upâ€”along with all that syrup. RG

Maybe this is what cowboys would eat before a big cattle drive when they didnâ€™t know where their next meal was coming from. Perhaps itâ€™s just good old practicality, using what was on hand, even if it might not go together logically at firstâ€”something my stubborn Yankee sensibility can certainly appreciate. Whatever circumstances brought these two foods together, it was nothing short of a revelation. A towering stack of crispy, chewy Belgianstyle waffles are interspersed with deep fried chicken breasts like an oversized Napolean, floated onto a sea of homemade syrup, topped with seasoned, frizzled sweet potato shoestrings and run through with the business end of a hefty steak knife in a fine â€œhere ya go!â€?

Fancyâ€™s Southern Cafe 8890 Salrose Lane, Fort Myers (239) 561-2988 Monday â€“ Friday: 11 a.m. â€“ 9 p.m. Saturday: 11 a.m. â€“ 9 p.m. Sunday: 11 a.m. â€“ 3 p.m. fancyssoutherncafe.com (239) 561-2988

Sara Fitzpatrick Comito is the Communications 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@ConricPR.com.

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November 2014â€‚|â€‚RES GESTAE

Getting Health Care Right by Jim Nathan, President Lee Memorial Health System

The U.S has the finest repair centered health system in the world, but it is also the most fragmented and expensive and often uncoordinated. Jim Nathan, President As a result, LMHS the primary purchasers of health services— employers, insurers and government— are shifting the reimbursement model from fee-for-service to pay-forperformance. The goal is to incentivize the providers of care to collaborate, coordinate, and find ways to improve outcomes on behalf of the patients and families we serve. With this shift of focus from “repair and treatment” to “prevention and wellness”, I am happy to report that progress is being made. Hospitals are increasingly becoming complex intensive care facilities as more care is being delivered at home, in the physician offices or outpatient centers. Many primary care offices, including Lee Physician Group, are working to achieve Patient Centered Medical Home recognition. In this model, the primary care physician’s office becomes the hub, or home, for all of the patient’s health care needs. A key component includes nurses who serve as care coordinators, tracking not only patients scheduled to see the doctor that day, but also those at home who need to be reminded to book follow up appointments, or checked on to make sure they take their medications appropriately. These care coordinators also assist patients with social service needs by connecting them with agencies such as Meals on Wheels or United Way 32

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when needed. Helping patients improve their own health, be compliant with their medications, and avoid re-hospitalization requires them to partner with us to achieve improved health. Thus, Lee Memorial Health System offers a number of health classes, each targeted to different populations such as managing diabetes or asthma. Another education program offered to patients with chronic diseases is “It’s All About You,” a free, researchbased, chronic disease self-management program. Classes are highly participative, where mutual support and success build the participants’ confidence in their ability to manage their health and maintain active and fulfilling lives. We are also trying to help keep patients healthy at home by teaching them selfcare, or helping them access appropriate care to better manage their health and maintain their independence. LMHS’ Care Transitions Program, in which a nurse visits patients’ homes to review medical concerns and teach them to manage their conditions, was created to help keep patients on track. Patients are expected to take an active role and be accountable for managing their health. Also offered are telehealth daily checkins in which a patient’s vital signs are monitored using technology that submits data for review to a registered nurse who then makes a personal call if additional care is required. Our mission is to improve the quality of life in Lee County from basic needs that affect health and wellness to providing complex, state-of-the-art care when it is needed. To do that, we must focus as much on what happens in the community as within our own walls. That means not only working with individual

patients but also with employers and even our own employees. With chronic disease costing up to $93 billion per year in health insurance claims, it’s no wonder more employers are starting to encourage wellness programs. LMHS has worked with the Horizon Council and other business groups to encourage healthy lifestyles. In 2013, we began offering the Complete Health Improvement Program (CHIP) to our own employees. CHIP is not a typical diet and exercise program. It was developed to embrace all aspects of wellness in order to maintain lasting, effective change. We are proud of the work the nearly 11,000 LMHS employees provide every day and night. In the past year each of our hospitals has received major national awards, with Lee Memorial and HealthPark Medical Center being named among the top 50 hospitals in the nation based on impressive clinical excellence over the past eight consecutive years. We truly are blessed with caring people caring for people. RG

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November 2014 | RES GESTAE

On the Bench Hon. George Richards As a recent law school grad, George Richards sent out a couple hundred resumes and received a couple replies—as in two. This was 1993, and by now, he said, “I think people have become more enlightened about people with disabilities.” One of the two respondents was Ninth Judicial Circuit Chief Assistant State Attorney Bill Vose, now retired. Mr. Vose had lost an eye. Now-Judge Richards recalled, “He shook my hand, and the first question was, ‘Why should I hire somebody with a disability?’” The reply: “Sir, because you have a disability.” After four years in Orlando, the up-and-coming lawyer transferred to the State Attorney’s Office in Tampa so his wife could work on her PhD at USF, and then went on to become Chief Assistant Statewide Prosecutor stationed in Fort Myers. It represented a full circle, of sorts, as it was during a rugby game in Fort Myers that he sustained the spinal cord injury that put him in a wheelchair. That event also launched his law career. Previously, he was an immigrant high school dropout working as a diesel mechanic. During his rehabilitation a physical therapist suggested he consider law school. Judge Richards has now been on the bench for five years. “The time has just blown by,” he said. “Sometimes I pinch myself—did this really happen? For someone from my very blue collar background to be afforded this opportunity is amazing.” It has its challenges, but not because of his disability. On the Charlotte Circuit felony bench, he often wonders what drives people to do the things they do. A recent case involved sexual battery on a child under 12, and the judge often thinks about the long-term well being of the victim. Most of the time, though, the people that come before him have simply made a stupid mistake, often under the influence of drugs. The knowledge he acquired as a late-blooming psychology major sometimes gives him insight into people’s motivations. “But sometimes I’m as baffled as the next person,” he said. When not on the bench, Judge Richards enjoys traveling to National Parks like Yosemite and Zion with his wife, who lives most of the time in Mississippi to teach at a university. He also has a love for cookbooks.

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From the Bar Aaron A. Haak When Aaron Haak took his first case to trial, it put him in the fast lane, so to speak. “I thought I would do transactional work, then after a while I came to the conclusion I’d probably die of boredom if I sat in the office looking at paperwork all day.” So he became a litigator, representing an individual who had purchased a stylish hot rod and was seeking rescission of that purchase. It wasn’t a simple case of buyer’s remorse; before the client gained possession, a couple of the dealership’s service guys took it for one last spin, incurring some damage in the process. It wasn’t the racy nature of the case that appealed to Haak, but the nature of litigation: “The work that goes into it,” he offered, “the anticipation of the event—waiting until late in the night for the jury to come back.” He also enjoys the public speaking, the debating and the variety of cases, which provides opportunities for continual learning. Haak was encouraged by family friends to attend Cumberland School of Law of Samford University, which was relatively near his alma mater Auburn University in Birmingham, Ala. The small school, according to Haak, offered a strong tradition and history in its trial advocacy program. That particular education, combined with his undergraduate degree in economics and strong interest in business, paved the way to his dual Florida Bar Certification in Business Litigation and Construction Law. “That has served me well in terms of a referral source for outof-town attorneys and clients,” he attested. Upon graduating law school in 2000, Haak was hired at Knott Ebelini Hart, where he works to this day. He likes the comfortable size of the firm and the open door policy everyone espouses. The firm encouraged him to test his mettle early on, trying cases, handling appellate matters. “As a younger associate, what was appealing was the ability to get out and do things, and not get stuck in the library for five years.” Haak is currently serving on the Judicial Nominating Commission for the 20th circuit, a role he finds fulfilling. In his leisure time, he enjoys spending time with his wife and two young children. He is also a “rabid” Auburn Tigers fan.

Tricia A. Spivey, Esq. Tricia Spivey is one of those rare people who always knew what she wanted to be when she grew up, and then went on to be it. In addition to her sense of direction, she was afforded some great opportunities to try on her lawerly shoes early on. After graduating Cypress Lake High school, she attended Florida Southern College, where she participated in the pre-law society while attaining her finance degree. Later, at Florida State University College of Law, she clerked for Justice Ben Overton of the Florida Supreme Court. Although her career path was never a mystery, she did experience a minor course correction, changing from family law to personal injury some years ago to work with husband Randall Spivey in his namesake law firm. “I was drawn to personal injury law after watching my husband help victims and their families after devastating accidents,” she recalled. A common misconception about personal injury cases, according to Spivey, is that they are cut and dry. “Clients often do not understand the position an insurance company may take on the issues because they have never been in this situation before. By carefully guiding the client on the issues so that they can meet their burden of proof, we are able to reach a successful resolution for them.” In one instance, a school teacher was seriously injured in a Lee County automobile accident, and found himself up against his own insurance company, which refused to pay the policy limits he purchased. “David devoted his life as a teacher to helping children,” she said. “Now it was our chance to help him.” The Spivey Law Firm took the case to trial, resulting in a $3 million verdict for its client. Spivey has found that her additional training as a Certified Mediator has come in plenty handy, as, she said, “most of our cases ultimately resolve through extensive negotiations and settlements with insurance companies.” She also enjoys using blogs and community service events to share safety and other information to help families avoid the suffering that some of her clients have experienced. When not at work, Spivey enjoys attending her 12-year-old daughter’s dance recitals and her 14-year-old son’s basketball games, and volunteering at their school.

November 2014 | RES GESTAE

Constitution Week 2014 Speakers Please join the LCBA in thanking the following members, who served as speakers in the schools for Constitution Week 2014. Because of their efforts, we were able to fulfill every school’s request to provide this important educational program for their students. Special thanks to Scott Atwood, who again served as chair of the event. Vernon Guirguis Kagan Law Firm

Kimberly Erwin Thompson Family Law

Scott Atwood Atwood Law Firm

Melody Porter Grossman Law & Conflict Management

Robert E. Keezel

Mary Evans Law Office of Mary C. Evans, P.A.

Janese Caruthers Brown, Suarez, and Rios

Leon Walsh Lusk, Drasites & Tolisano, P.A.

Dennis Avery Avery, Whigham & Winesett

James L. O’Leary Law Office of James L. O’Leary

William M. Treadwell

Katharyn Owen Jones, Haber & Rollings

Chris Crowley Elizabeth Grimmer Patrone & Kemp, P.A. Mary Beth Fletcher Law Offices of Mary Elizabeth Fletcher, P.A. Kenneth Kemp Patrone & Kemp, P.A.

Miguel Fernandez Law Office of Miguel C. Fernandez III, P.A. Joseph Cerino Law Office of Joseph Cerino Stuart M. Pepper Pepper Law Firm

I wanted to thank all of you for making a great effort to assist me in teaching the Constitution to my students. The presentations were great! The time and effort you all put into the project will help shape the ideals of our youth in regards to their rights and responsibilities as citizens and Americans! ~ Ms. Bonnie Gedney, Estero High School 36

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RES GESTAE | November 2014

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November 2014 | RES GESTAE

Legal Briefs Clerk Of Court receives financial reporting award The Lee County Clerk of Court’s Finance Department has received its 29th consecutive Certificate of Achievement for Excellence in Financial Reporting award for its comprehensive annual financial report (CAFR). The CAFR is composed of the audited financial statements for Lee County, including the Board of County Commissioners, Clerk of Courts, Property Appraiser, Sheriff, Supervisor of Elections and Tax Collector offices. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. The CAFR is judged by an impartial panel of the Government Finance Officers Association (GFOA) and must meet the high standards of the program, including demonstrating a constructive “spirit of full disclosure” to clearly communicate its financial story. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago and Washington D.C. (Pictured: Linda Doggett, Terry Mallow)

Cummings joins Henderson Franklin Shaun Cummings has joined the law firm of Henderson, Franklin, Starnes & Holt, P.A. as an associate in the Tort & Insurance Litigation practice area. Cummings served as a summer associate with Henderson Franklin in 2013, and worked as a teaching assistant for the Honorable David A. Demers in Florida’s 6th Judicial Circuit Court in trial advocacy. While attending law school, Cummings served on Stetson’s Law Review and Mock Trial Team, and was the American Bar Association’s national liaison for the Law Student Division. Cummings is a Florida native, graduating from Lake Weir High School in Ocala in 2000. He received his undergraduate degree in political science from the University of Florida and his law degree from Stetson University College of Law (cum laude, 2014).

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Legal Briefs Matt Livesay joins Pavese Law Firm Matt Livesay has joined the Pavese Law Firm, primarily focusing his practice in the areas of estate planning, probate and trust administration, taxation, real estate, condominium association and homeowner association, and business law. Previously Livesay worked in a state and local tax specialty group of a big four accounting firm, which focused primarily on providing clients with tax reduction strategies and planning. Born in the Chicago suburb of Arlington Heights, Illinois, Livesay received his undergraduate degree in accounting from Florida State University. He went on to obtain his juris doctor from the University of Florida Levin College of Law with a concentration in taxation. While attending law school, Livesay served as a member of, and tax preparer for, the Volunteer Income Tax Assistance Program. He is a member of the Hillsborough County Bar Association and the Taxation Law and Business Law sections of the Florida Bar Association.

O’Connell Joins Goede, Adamczyk & DeBoest Christopher O’Connell has joined the law firm of Goede, Adamczyk & DeBoest, PLLC firm in its Fort Myers office. O’Connell focuses his practice on the representation of condominiums and homeowners associations. He has an extensive background in providing advice and counsel to boards of directors and professional managers handling issues surrounding corporate governance, vendor contracts, the enforcement of association covenants, collections and the interpretation of Florida statutes. O’Connell received his juris doctor degree in 2005 from The John Marshall Law School in Chicago, and is a member of the Collier County Bar Association; the Real Property, Probate and Trust Law Section of The Florida Bar Association; and the Community Association Institute.

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Legal Briefs Firm announces new attorney, associate’s new court admission The Law Office of Kevin F. Jursinski & Associates announced Darah L. Schofield has joined the firm as a new associate. Meanwhile, its associate James W. McQuade has received admission to the United States District Court, Middle District of Florida. Schofield’s practice focuses on real estate and land use litigation, including development, permitting and zoning, construction, contracts and environmental matters. She represents developers, commercial and residential property owners, businesses and individuals in commercial real estate disputes, title and easement disputes, and construction litigation. She also has experience in family law and probate litigation. Previously Schofield practiced as a trial and appellate attorney in state and federal courts of Massachusetts, including the Massachusetts Appeals Court, Superior Courts, Land Court and Probate Courts, and the U.S. District Court. As an admitted Middle District attorney, McQuade has the opportunity to represent a wider population of clients. Primarily, he practices in the area of real estate law, business litigation and probate litigation. He assists clients with commercial litigation, lien law, foreclosure mitigation, short sales, loan modifications, estate planning, probate and probate litigation as well as other real estaterelated matters. McQuade graduated from the University of Miami with his master of laws in estate planning. He earned his juris doctor from the University of Denver College of Law and received his bachelor of science degree in finance from the University of Colorado. McQuade is admitted to practice law in both Florida and Colorado. The United States District Court, Middle District is one of the busiest federal district courts in the nation. Geographically, it stretches over 350 miles from the Georgia border on the northeast to south of Naples on Florida’s southwest coast. Three of the six largest cities in the state: Tampa, Jacksonville and Orlando are within the district.

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