NOVEMBER 2019
MARGARET STEINBECK
Judge her by the journey
LCBA members give thanks THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
CONTENTS
features
AD DIRECTORY
18 Reasons we are thankful this Thanksgiving by Tom Hayden
22 A trailblazing woman in the military, Judge Steinbeck rules for family first by Tom Hayden
On the cover: Honorable Margaret Steinbeck holds her U.S. Army military uniform and judge's robe. Photo courtesy of Jim Jett Photography
22 departments 6
8
Letter from the President
Letter from the Executive Director
36 100 Club
by Lauren Baugh
10 Calendar of Events 12 Ethically Speaking
by Henry Lee Paul, Esq.
14 Practice Section
32 Legal Lens
by John Webb, Esq.
General Civil and Business Litigation by Mark Nieds, Esq.
38
Downtown Dash
5 Things You Don't Know About Me by Honorable J. Frank Porter
40 5 Things You Don't Know
About Me
42
In The News
by Jonathan Huffman , Esq.
16 YLD Spotlight
by Nicole Brunswick, Esq.
26 Legal Lens
LCBA Health & Wellness Luncheon
28 Changes to public records
Q&A with Linda Doggett
30 The Dish
4
Edison Restaurant & Event Center by Matt Roepstorff, Esq.
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Barbara Pizzolato 36 Boy, Agnew, Potanovic 9 Brad Jessen, Edward Jones 36 Business Observer 13 Calvo & Calvo Attorneys at Law 11 CONRIC PR & Marketing 37 CopyLady IFC DeMine Immigration Law Firm 31 Denise Kennedy 27 Direct Impressions 29 Donna Tisch 21 Edison National Bank BC Florida Spine & Joint Institute 33 Fort Myers Court Reporting 37 Garvin Law Firm 38 Greenwire Technology Solutions 17 Henderson, Franklin, Starnes & Holt, P.A. 29 Hurtado Immigration Law Firm IBC Kelleher Firm 19 Kempton P. Logan 13 Law Firm of Scott T. Moorey 27 Law Offices of Dennis L. Webb 40 Leonard P. Reina 39 Leslea Ellis, LLC 15 Livingston Loeffler, P.A. 19 Markham Norton Mosteller Wright & Company PA 27 McHale, P.A. 19 Men's Rights Law Firm 41 Merit Court Reporting, Inc. 21 Morgan & Morgan 7 Musca Law Office, Inc. 3 NAVTECH USSA Marine Surveyor 16 Real Estate Advisory Services, LLC 29 Responsive Occupational Rehabilitation, Inc. 16 Robins/Kaplan, LLP 31 Roetzel & Andress 35 Sexto Productions 41 Sheldon E. Finman, P.A. 9 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 13 Steve Niehaus, Edison Business Advisors 17 Stockman Mediation 11 The North Law Firm, P.A. 11 Total QuickBooks Solutions 35 Veranda Restaurant 39 Von Ahn & Associates 39 Wright Mediation 17
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LETTER FROM THE PRESIDENT After having enjoyed another Halloween, as well as some of the many festivals taking place throughout Southwest Florida during the month of October, the holiday season is now officially in full swing. Some of the most enjoyable parts of the holiday season are getting together with friends and family in celebration and the reminder the holiday season provides for us to be thankful for all the blessings that have been bestowed upon us. Importantly, the holiday season brings together many in our community who donate their time, effort and energy in spreading the joy of the holidays through charitable efforts. A testament to our local legal community is the large number of firms, committees and groups which organize turkey and canned food drives, prepare and serve meals, participate in toy drives and other giving gestures that benefit very worthy causes in our area. Every little bit helps and is greatly appreciated by those who receive these items. Sharing in the spirit of the holiday festivities, the Lee County Bar Association will be celebrating the 30th annual Bench Bar Gala on Nov. 16 at Sidney & Berne Davis Art Center. Florida Bar President John M. Stewart has graciously accepted our invitation to join us at the gala and to address our membership. The gala committee has planned a wonderful agenda with a nod to the significance of our gala’s 30 years and has coined this year’s event the “Pearl and Lily Jubilee.” A live band will also be performing, so please make sure to mark your calendars and RSVP as soon as possible, as attendance is filling up quickly. On behalf of the Lee County Bar Association, congratulations and a warm welcome to all of our newly admitted attorneys, as well as to those who shared their special moment with us at the annual Swearing-In Ceremony by the Young Lawyers’ Division. We wish you the best in your future endeavors as you enter into the legal profession and look forward to seeing what you will accomplish during your career. John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362
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LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director - Lauren Baugh Lawyer Referral Service Coordinator - Kheila Perez
EXECUTIVE COUNCIL PRESIDENT John Webb, Esq.
SECRETARY Tiffany Pereira, Esq.
VICE PRESIDENT Matt Roepstorff, Esq.
TREASURER Blake Hampton, Esq.
BOARD MEMBERS
Kathy Smith, Esq.
Peter Knize, Esq.
Spencer Cordell, Esq.
Michael-Anthony Pica, Esq.
PRESIDENT EMERITUS - Daniel J. Endrizal III, Esq. YLD PRESIDENT - Nicole Brunswick, Esq.
COMMITTEE CHAIRS
PRACTICE SECTION CHAIRS
BENCH-BAR GALA
ALTERNATIVE DISPUTE RESOLUTION
Danielle Butler, Esq. DIVERSITY AND INCLUSION
Ita Neymotin, Esq. and R. Noelle Branning, Esq. HEALTH AND WELLNESS
John Miller, Esq. and Joel Hyatt, Esq. HISTORY
Jenna Persons, Esq. and E. Bruce Strayhorn, Esq. #KINDLEE
Amanda Bartley, Esq. and Kelly L. Fayer, Esq. LAW RELATED EDUCATION
T. Rankin Terry, Esq. LAW WEEK
Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT
Shannon Puopolo, Esq. and Kenneth A. Jones, Esq. MOCK TRIAL
Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO
Andrew Banyai, Esq., Blair DeMinico, Esq. and Shanthy Balachanthiran, Esq.
Anne Dalton, Esq. and Bill Merchant, Esq. APPELLATE LAW
Alex Brockmeyer, Esq. and Matthew Irwin, Esq. CRIMINAL LAW
Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq. ELDER LAW
Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW
Magistrate Gilberto Perez and Kati Calvo, Esq. GENERAL CIVIL AND BUSINESS LITIGATION
George Knott, Esq. and Carlos Kelly, Esq. LAND USE AND GOVERNMENTAL LAW
Erica Woods, Esq. and Sarah Spector, Esq. REAL PROPERTY, PROBATE & TRUST LAW
Kenneth Kemp, Esq. and Jennifer Hammond, Esq. SOLO & SMALL FIRM
Conor Foley, Esq. TORT LITIGATION
Preston John (PJ) Scheiner, Esq.
November 2019 âš– RES GESTAE
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LETTER FROM THE EXECUTIVE DIRECTOR November is always a special month. The weather gets a little cooler, family gets a little closer and Thanksgiving gives us that moment to reflect and be thankful for what we have in our lives. I have so much to be thankful for: my family, friends, life and health. In that spirit, here are my reasons to be
thankful:
I am thankful for my daughter. She is my light in life and I cannot imagine life without her in it. I am thankful for my mother. She is my everyday motivation. She is always honest with me and looks out for my daughter and myself to make sure we are always living our best lives. I am thankful for my sister. She is an amazing person in all aspects. She is always there for me no matter what she has going on in her life. I am thankful for my job. Being in this role has truly been a challenging, but super fulfilling opportunity. I am thankful for all my friends. I have some truly amazing and selfless friends in my circle and feel so humbled to have them by my side.
SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949
239.334.0047 resgestae@leebar.org
Staff PUBLISHER
Connie Ramos-Williams | 239.690.9840
EDITOR-IN-LAW
Tiffany Pereira, Esq.
MANAGING EDITOR Tom Hayden
CREATIVE DIRECTOR April Bordeaux
ADVERTISING DIRECTOR Linda Fiore | 239.690.9840
FEATURE WRITER Tom Hayden
CONTRIBUTING WRITERS John Webb, Esq. Lauren Baugh Henry Lee Paul, Esq. Mark Nieds, Esq. Nicole Brunswick, Esq. Denise Wheeler Wright, Esq. Hon. J. Frank Porter Jonathan Huffman, Esq.
CONTRIBUTING PHOTOGRAPHER Jim Jett Photography
I am thankful for my home. Buying a home for my daughter and I was a huge priority. Being able to fulfill that goal was, and remains, an amazing feeling. I am thankful for the legal community, which has been so kind, warm and welcoming to me, the newbie on the block. I am thankful for my dog (Cooper) and cat (Tuna), who are always so willing to love without condition. I am thankful for the people in our community who go above and beyond to pay things forward and build others up. I am thankful for all of the sponsors and vendors in the community who have been so willing and able to help and support the LCBA and the many events we host. Now I ask you: What are your 10 reasons to be thankful? You are always welcome to send me an email at LBaugh@ leebar.org or call me at 239-334-0047, ext. 102. I love to speak and interact with our members, advertisers, sponsors and others.
Lauren Baugh, Executive Director LBaugh@leebar.org | 239.334.0047 Ext. 102
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Res Gestae is an award-winning magazine published monthly by CONRIC PR & Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC PR & Marketing. CopyrightŠ2019 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.
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November 2019 ⚖ RES GESTAE
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CALENDAR OF EVENTS Dates of some practice section meetings have not been confirmed. Check leebar.org for details!
NOVEMBER
1
FineMark National Bank & Trust 3rd Annual Lee County Bar Association Foundation Wine Tasting 6-9 p.m., FineMark National Bank &Trust, 12681 Creekside Lane, Fort Myers. $75 entry. Limited seating. For information and to RSVP, visit www. leebar.org
8
LCBA RPPTL Lunch Meeting
Noon-1 p.m., Lee County Justice Center, 1700 Monroe Street, Courtroom 5G, Fort Myers. Speaker is Jamie Scwhinghammer on the topic: “Guardianships for Estate Planning.” Register at www.leebar.org
11
Veterans Day LCBA Office closed
20
LCBA Solo & Small Firm Section Presents: Tech Law Solo & Small Firm Technology Conference of SWFL
8:15 a.m. to 4:15 p.m. The Collaboratory, 2301 Jackson Street, Fort Myers. $25
entry (breakfast included). 14 approved CLE credits (8 general and 6 tech). For information and to register, visit: www. leebar.org
21
LCBA Pro Bono Committee Lunch Meeting
Noon-1 p.m. The Collaboratory, 2301 Jackson Street, Fort Myers. $8 donation for pizza lunch.
28
Thanksgiving LCBA Office closed
DECEMBER
6
LCBA YLD Holiday Party
5 - 7:30 p.m. Location TBD
Visit us online at leebar.org to see more calendar items. You can conveniently RSVP for upcoming events. Would you like to submit an event? Email your event submission to resgestae@leebar.org
Thank You to our Annual Sponsors for 2019
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November 2019 ⚖ RES GESTAE
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ETHICALLY SPEAKING BY HENRY LEE PAUL, ESQ.
HEAVYWEIGHT UPL BATTLE BEFORE FLORIDA SUPREME COURT There is a heavyweight battle brewing in the Florida Supreme Court involving allegations of unlicensed practice of law (UPL). The outcome of this case may dramatically expand the ability of Florida lawyers to team with non-lawyers in the referral of clients. The Florida Bar filed a Petition Against the Unlicensed Practice of Law against TIKD and its founder, Christopher Riley, in SC18-149. TIKD is a company that solicits business from individuals who have received traffic tickets. They offer to provide services to resolve a traffic ticket for a flat fee that is always less than the amount of the ticket. Upon procuring a customer, TIKD then refers the case to a lawyer of its choosing. The lawyer then initiates an attorney-client relationship with the customer. TIKD receives a payment from its customer, retains a portion of the payment and forwards a portion to the chosen lawyer as a fee. The initial complaint to The Florida Bar was filed by lawyers who are in competition for clients with TIKD. The Florida Bar alleged in its petition that this practice constituted UPL. The allegations implicate solicitation, advertising and fee sharing issues for the participating lawyers. Additionally, the practice involves a non-lawyer receiving and holding fees for future legal services, which is a practice that traditionally involves the use of a lawyer trust account. TIKD filed a motion for summary judgment. In the report
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dated Jan. 24, 2019, Dade County Circuit Court Judge Teresa Pooler, who served as referee, recommended the summary judgment be granted and the petition against TIKD be dismissed. The report is now being reviewed by The Florida Supreme Court. The case has drawn nationwide interest. TIKD has been represented by two former presidents of The Florida Bar. Additionally, former Supreme Court Justice Raoul Cantero has weighed in with an Amicus brief, on behalf of two clients, in support of TIKD. The brief explains that the purpose of UPL regulation is intended to protect the public from harm as opposed to protecting lawyers from competition. He argues The Florida Bar provided no evidence of public harm caused by TIKD. Cantero states the Bar “…adopts highly technical interpretations of this Court’s jurisprudence – most of which far predates the internet.” Cantero further asserts the modern technology employed by TIKD helps expand access to legal services which is a policy goal endorsed by the Court. If the Court upholds the recommendation of the referee, it may dramatically expand the ability of Florida lawyers to share fees with non-lawyers and will be in line with an emerging trend among state bar’s nationwide. The State Bar of California has recently received a report from a special task force recommending the prohibition of sharing fees with non-lawyers be abolished. Additionally, The District of Columbia Bar allows non-lawyers to share ownership in a law firm in certain circumstances. The decision in North Carolina Board of Dental Examiners v. F.T.C., 135 S. Ct 1101 (2015), supports close scrutiny of potential anti-competitive practices involved in professional regulation. Stay tuned. ⚖
Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
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November 2019 ⚖ RES GESTAE
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GENERAL CIVIL AND BUSINESS LITIGATION BY MARK NIEDS, ESQ.
HOLDING LANDLORDS LIABLE FOR TRADEMARK INFRINGEMENT BY TENANT
U
nder the Lanham Act, (15 U.S.C. 1051, et seq.), a trademark owner can bring suit against any entity that infringes its trademark.
Among the recoverable damages are disgorgement of the infringer’s profits from the sale of infringing goods, 15 U.S.C. 1117(a). However, where the infringement constitutes counterfeiting, those damages can be trebled or the trademark owner can elect to recover statutory damages, amounting to potentially $2 million per mark infringed, 15 U.S.C. 1117(b), 1117(c). When the counterfeiting is intentional, the trademark owner may also recover attorney fees. Under the Lanham Act, not only does the actual seller of the counterfeit goods face potential liability, but a party may be contributorily liable by “providing goods or services necessary” for counterfeiting, with the intent that such goods or services would be used to counterfeit, 15 U.S.C. 1117(b)(2). In a recent case, Yes Assets, LLC, a company owned by Jerome and Jenny Yeh, owned and managed a shopping center that contained several storefronts and a large, enclosed open space that provided room for over 120 different vendor booths that served as a discount mall or flea market. Yes Assets provided utilities, parking and building maintenance and repair services to the center. The Yehs appointed their daughter to manage the property. Airport Mini Mall, LLC, a company which was owned and operated by one of the Yeh’s sons, leased the discount mall space from Yes Assets and sub-leased the booth space to individual vendors. These vendors sold a variety of goods. Some of the vendors sold sunglasses. While Yes Assets owned and managed the center and
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Airport Mini Mall sub-leased booth space in the discount mall area, Luxottica Group, S.p.A. and its subsidiary, Oakley, Inc., owners of the trademarks Ray-Ban® and Oakley® , learned there were significant sales of counterfeit RayBan and Oakley sunglasses by numerous vendors at the discount mall. In fact, Luxottica and Oakley sent several letters to Yes Assets and Airport Mini Mall alerting them to the problem and identifying the vendors that were selling the counterfeit items. During that same time period, there were at least three separate raids on the center aimed at seizing counterfeit goods. On each occasion, Yes Assets and Airport Mini Mall received copies of the subpoena and search warrants that identified the targeted subtenant vendors and the nature of the goods at issue. At one point, Yes Assets and Airport Mini Mall met with authorities to discuss the rampant sales of counterfeit goods and how to address the problem. But sales of counterfeit sunglasses continued unabated and no subtenants were evicted. In fact, Airport Mini Mall extended and renewed subleases with some subtenant vendors identified in the subpoena and by Luxottica and Oakley as counterfeiters. Luxottica and Oakley ultimately sued Yes Assets and Airport Mini Mall, as well as the Yehs, and their children individually, claiming they were contributorily liable for the sale of counterfeit goods by their subtenant discount mall vendors by providing the means to those vendors to engage in that activity. A jury returned a verdict in plaintiffs’ favor and awarded damages of $1.9 million. The defendants appealed, and
the Eleventh Circuit affirmed, finding sufficient evidence to support the verdict. Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, 932 F.3d 1303 (11th Cir. 2019). Noting the issue of a landlord’s contributory trademark infringement liability was a question of first impression in the Eleventh Circuit, the court found that application of the concept to the landlord-tenant relationship was consistent with general principles of tort liability. As to the specific contributory trademark infringement issue, the Court noted plaintiff had to first establish there was direct infringement of its trademark by some other entity, and second, the defendant intentionally induced that infringement or supplied goods or services to the infringer with either actual or constructive knowledge of the resulting infringement. Additionally, a party’s willful blindness to some fact or circumstance can constitute constructive knowledge of that same thing. Reviewing the facts, the court held there was sufficient evidence to establish contributory infringement by defendants. To the first prong, there was no question Luxottica and Oakley’s trademarks were counterfeited. On the second prong, the court noted the defendants supplied services to the parties that sold the counterfeit items. The history of raids on the premises, subpoena and search warrants provided to defendants, letters from plaintiffs complaining about specific vendors, meetings with authorities and defendants physical presence at the property showed that defendants had at least constructive knowledge of the counterfeiting and their repeated failures to take any action when provided with knowledge constituted willful blindness to such activities. Luxottica makes it clear that a property owner may face contributory trademark infringement liability for acts of tenants in the Eleventh Circuit. However, simply owning property without taking any role in leasing or managing the property is not enough to trigger liability, Coach, Inc. v. Swap Shop, Inc., 916 F. Supp. 2d 1271 (S.D. Fla. 2012). Rather, the landlord must have some knowledge of or at least willful blindness to infringement by its tenant. After Luxottica, to avoid this fate, landlords who actively manage properties should be aware of their tenant(s) activities and be prepared to take action immediately if they suspect or have knowledge of any trademark infringement or counterfeiting by such tenant. ⚖ Mark Nieds is an attorney with Henderson, Franklin, Starnes & Holt, P.A. Mark concentrates his practice on intellectual property and Internet matters with specific emphasis on trademarks, copyright, trade secret protection, franchising, privacy, and data protection. Mark also works with clients to develop comprehensive intellectual property and trade secret protection strategies. He represents clients in licensing transactions as well as franchising by assisting both franchisors and franchisees. Contact Mark at mark.nieds@henlaw.com.
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November 2019 ⚖ RES GESTAE
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YLD SPOTLIGHT BY NICOLE R. BRUNSWICK, ESQ.
DAY AT THE COURTHOUSE AN EDUCATIONAL EXPERIENCE
R
ecently, our young lawyers and Ave Maria law students joined us for our third annual Day at the Courthouse on Sept. 26. It proved to be an educational experience for both young lawyers and law students. We began our event by hearing from Judge Carolyn Swift, who provided valuable advice for young lawyers. Swift spoke to us from not only her experience on the bench but also from her experience as a young lawyer. She stressed the importance of having a healthy work-life balance, taking the time for things that are important to you, and making an effort to take care of your overall health, all of which can be done while still being a successful attorney. Next, we were given a tour of the Clerk of Court’s Self-Help Center by the clerk’s general counsel, Michael Healy. We learned about the valuable resources the Self-Help Center offers to the public. As part of the legal support provided at the Self-Help Center, attorneys from Lee County Legal Aid and volunteer attorneys provide free legal advice on a variety of areas of law on Tuesday of each week.
On behalf of the Lee County Young Lawyers Division, thank you to Swift, Healy and Ross for volunteering their time to speak with us and participating in our Day at the Courthouse! Next on the agenda for the Lee County YLD are elections. If any YLD member is interested in running for next year’s board, please submit your nominations to Nicole@ itsmylegalright.com. We have several vacancies for different positions, so now is a perfect time to get involved! For more information, be sure to like and follow us on Facebook and Instagram as we post event updates there in addition to our reminder email blasts to Lee YLD members. Please email Nicole@itsmylegalright.com if you would like to be added to our email list. ⚖
We then made our way to the downtown jail, where deputy Ross gave us an in-depth tour. We were able to take the same steps through the jail as an inmate would – through booking, intake and general housing. It was a unique perspective, as those who get the opportunity to observe do not usually also have the luxury of leaving so freely.
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Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole earned her Juris Doctor from Stetson University College of Law. In addition to serving as president of the Lee YLD, Nicole serves on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.
⚖ November 2019
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SPECIAL FEATURE BY TOM HAYDEN
Reasons we are thankful this Thanksgiving As we celebrate Thanksgiving this month, Lee County Bar Association attorneys were asked what they are most thankful for this holiday season.
Thankful for my father's life
In May of this year, there was a terrible fire at my famiy home in Port Charlotte. The fire happened during a oneweek jury trial in Hillsborough County, my first trial as a fully-fledged and credentialed Florida attorney. My father, Russell Gartland, was badly burned in the fire with burns to over 44% of his body. The house almost was totally destroyed from smoke and fire damage, along with almost all the photographs and memories of my childhood. I remember getting a call from a neighbor after midnight, while I was still at the office preparing for what would be my first speaking role in a real civil trial, a personal injury case. I remember thinking is this really happening, this must be a dream from the lack of sleep that comes with trial. I remember being told my father was so severely burned that they were taking him by helicopter to Lee Memorial over two hours from Tampa. I didn’t think, I reacted. I jumped in my car and got on I-75 South and headed toward Lee Memorial. Mid-trip, I got a call saying that instead
of Lee Memorial he was going to be taken to Blake Medical Center in Bradenton. I turned my car around and got on I-75 North and realized it was already around 2 a.m., but I was close to Bradenton, only four or five exits away. When I got to Blake Medical Center, I waited in the ER waiting room. I was only about 20 minutes behind the helicopter. I waited and waited and when I went back to see my father, I didn’t know what to expect. That night will always be in my memory for the rest of my life. I stayed by my father’s bedside at the ICU for a few hours, when the pain he was in became too much so they placed him into a medically-induced coma. Once that happened, I realized it was 6:00 a.m. and I needed to be in court for the trial by 8:00 a.m. I gave the nurses my contact information and without a wink of sleep got back on the road to Tampa. I got home, jumped in the shower, changed into a clean suit, grabbed an energy drink and went to the office. I didn’t dare tell my boss what had happened. I had my first speaking role ever that day. I decided I would tell my boss after we adjourned for the day. I didn’t want to distract my boss or the trial team on game day with this sort of thing. I know the client usually only ever gets one shot at trial, and I wasn’t going to let the client of the team down. When the trial was over the client and firm walked away with a huge win and a $3.8 million verdict. I walked away from my first civil trial not knowing if my father was going to live or die. It was a difficult time because everyone around was elated and celebrating, but on the inside, I was scared, sad, broken and just in shock. For the next six weeks, my father fought for his life, between the burns he
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SPECIAL FEATURE CONTINUED FROM PAGE 18
suffered, the pain he was in and his inability to fully breathe on his own. It was a horrible roller-coaster of emotions. Finally, my father was taken off sedation, his pain was tolerable, and he began to breathe on his own. At this point the doctors said he might be out of the woods, but the next 24-48 hours would be crucial. My father kept fighting. Every day, after work, I would either be at the hospital or call the nurses to get an update. He kept getting better, slowly but surely. I have come to appreciate slow and steady progress. Luckily, by the grace of God, the wonderful staff at Blake Medical Center and my father’s no quit attitude he pulled through. Not knowing if your father or loved one is going to live or die for 6-8 weeks is something I wouldn’t wish on my worst enemy. It breaks you down It makes you doubt things. It re-prioritizes what is important to you. It re-wires your brain. Thanks to the excellent care of the surgeons, physicians and nurses at Blake Medical Center, my father is here today. As an attorney practicing personal injury law, I know terrible things happen to good people every day, but my cases have never struck this close to home. This year, I am thankful that I get the chance to spend another Thanksgiving with my dad. Life is such a fragile thing, and something I certainly won’t take for granted moving forward. Life is a beautiful gift so be sure to tell those you love that you do and do so often.
together at least annually and speak with each other on Thanksgiving Day. John Noland, Tom Kiesel and I were fortunate to have been boyhood friends, went to law school together and practiced here in Lee County. We are continually in contact. Right after I had the pleasure of meeting Hal Stevens and starting a working arrangement with him (we bought an old house on Monroe Street as our office some 35 years ago), he and I started a Thanksgiving morning tradition of going duck hunting, leaving home at 4 a.m. and returning to our respective families at 10 or 11 a.m. to spend the rest of the day bragging about the hunt, eating, and enjoying family. This tradition endured until the property, where the duck pond was located, was sold. Thanksgiving Day is spent with family (our three boys, even though off to college in Florida, always made it home) either at our home of 28-plus years (it was built by W. A. Sheppard, a long ago legendary member of the Lee County Bar Association), the home of my mother in law (built at about the same time as our home around 1926) or on the banks of the Orange River in East Lee County. I thank the good Lord above that I have the good fortune of a fine family, am a native of Fort Myers and had the wonderful opportunity to practice law here for 45 years! Stephen Taminosian, Esq.
Musical Thanksgiving
My father still has a very long road ahead of him, but I will be there by his side, just like I am for my clients, and we can My family and I spent Thanksgiving 2018 in a cabin on a walk that road together – however slow or fast the pace horse farm near Nashville. On Thanksgiving Day, we were may be. invited to the owner’s home for a traditional 7-course This Thanksgiving and holiday season are both going to be special for me and my family. This year we are thankful for the gift of life!
dinner with 22 other people, all of whom were bluegrass musicians.
After dinner, we had a huge bonfire and an impromptu Casey Gartland, Esq. fireside concert, complete with guitars, mandolins, Swope Rodante accordion, harmonica and rattling gourds!
Thanks for family
Family, of course! When my siblings and I we’re children, we either spent the day with the whole family at the only home we ever resided in or at our hunting camp in the Fakahatchee Strand. This was the custom all the way through college graduation. Law school was too far away to come home so the empty spot was filled with law school friends who could not go home either. After 50 years, I still stay in touch with those same friends even though we are scattered around the southeastern USA. We still get together to hunt and fish
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I’m thankful for my wife, my son, my parents, this great nation, and my Lord and Savior Jesus Christ. Kenneth Kemp, Esq. Patrone, Kemp & Bentley, P.A. ⚖
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A trailblazing woman in the military, Judge Steinbeck rules for family first. By Tom Hayden
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There is no doubt that it is around the family and the home that all the greatest virtues, the most dominating virtues of human, are created, strengthened, and maintained.” - Winston Churchill Judge Margaret Steinbeck for who she is: a sensitive, thoughtful, caring, determined and intelligent woman committed to family and country. Steinbeck’s journey to her current role as circuit judge in the 20th Judicial Circuit is as much shaped by family as it is her insatiable desire to grow as a person no matter the challenge in front of her. The daughter of a three-war veteran never wanted to serve in the military, but she made a career out of it. “Meg,” as her family, friends and colleagues call her, achieved the rank of Lieutenant Colonel during a 30-year military journey when she and other servicewomen were blazing trails for those who would follow.
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Photo left: Father John Ogilvie holds son Jack and mother Marjorie holds Margaret. Photo below: A letter written from her father to Margaret during the Vietnam War on July 4, 1967.
Her strong father “Give Courtney, Timmy, Jack and mom my love and keep being my sweetest, smartest and prettiest daughter.” – Love, dad. A letter written from her father to Margaret during the Vietnam War on July 4, 1967. Her father, John Ogilvie, built an awe-inspiring military career but was always dedicated to family. He was a B-26 bomber pilot for the Army Air Corps during World War II, flying 32 successful missions. He flew 195 missions for the Army in the Korean War, piloting an L-19 aircraft (no bigger than a Cessna). He and another soldier were field artillery spotters, flying into enemy territory to identify targets for artillery gunners behind them. During the Vietnam War, he led a battalion of engineers, who constructed bridges, airfields and anything else the Army needed built. He retired from active duty as a colonel. His troops meant the world to him. “I had the greatest noncoms ever put together,” Ogilvie said about his men in Vietnam. “They were unbelievable. We built half the roads they are still using. The young people were twice as good as everybody thought they were.” His only daughter, Margaret, was in the sixth grade then, but had experienced the life of a military child, jumping from base to base, but always running into the loving arms of a father, who made sure he was always there for family. “It was actually a wonderful childhood,” Steinbeck said. “We are very close as a family. Even though we kept moving, the military was a community. The military families kept supporting each other.” When dad was in Vietnam, the family communicated through reel-to-reel tape recordings. Mom and the
children would send their thoughts and dad would return his audio message. There were also plenty of letters. “My dad has a really strong presence but not in a harsh or frightening way,” Steinbeck said. “My mom was the glue. We had great parents who taught us families choose to be as strong as they want to be.”
Her journey One day, during Steinbeck’s senior year in high school, dad learned college ROTC programs were opening to women. Meg had a stern response. “’I am your daughter and not your son.’ I had no desire to be in the military and basically told him to get over it,” she said. “He dropped it.” Steinbeck enrolled at the University of Georgia. “My parents had confidence in me, so they just put me on a plane and said, “we hope all goes great.” Mom and dad shipped her boxes of belongings and left her to figure a way to move into the fourth floor dormitory by herself. As she settled into college life, Steinbeck noticed an ad in the campus newspaper, announcing
Photo above: Army Lt. Col. John Ogilvie in front of the L-19 aircraft he piloted during the Korean War in 1951.
an ROTC scholarship for both men and women. Even with the rejection of her father’s pleas to join the military in recent memory, she thought the scholarship would be a good way to get college paid for and remove the financial burden from her family. “The Air Force uniforms were cuter,” Steinbeck said, so she started there. “They didn’t seem very enthusiastic. I asked them if they had ever given the scholarship to a woman and they said ‘no,’ but (women) were allowed to apply. I asked if they had ever given a flight slot to a woman and they said that was very unlikely to happen.” November 2019 ⚖ RES GESTAE
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Photo above: Margaret Steinbeck stands with troops during a change-of-command ceremony for the 24th Infantry Division at Fort Stewart, Ga. Photo right: Steinbeck with her parents, Col. John Ogilvie and Marjorie Ogilvie, when Margaret was commissioned a second Lieutenant during a ceremony at the University of Georgia.
Her experience with the Army was a stark contrast. “They could not have been more encouraging,” Steinbeck said. She was one of the first women in the history of Georgia ROTC to win a three-year scholarship, but she still did not want to commit to an active military career She was focused on a career as a speech pathologist and in audiology. By junior year, a commission as a Medical Service Corps officer looked like an attractive pathway after college. During her senior year as an undergrad, Steinbeck got orders to report to active duty. She had already been accepted into an audiology master’s program at the University of Tennessee, and she requested a delay before reporting to active duty. The delay is a common request, and one she thought would be easily granted. Steinbeck was denied. “My plan was to call a general officer and have him change my orders,” she said. “My dad was pretty sure Gen. William H. Blakefield (a family friend) would have the power to have the order changed.” Then dad offered advice Meg didn’t want to hear, but advice she knew was correct. “He strongly advised against it because, he said, ‘if it works, you will always be known as the girl who would call the general when things don’t go her way.’” Steinbeck never made the call.
Off to active duty “Today, we had a party and played games and stuff but not for the Fourth of July. We don’t take holidays here. But
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we celebrated our birthday this afternoon. Actually, the 1st of July was the 34th Battalion’s birthday, but we didn’t think about it soon enough to have a party on the 1st of July.” John Ogilvie in the July 4 letter. Steinbeck graduated from Georgia in 1978 and reported for the Adjutant General’s Corps basic course at Fort Benjamin Harrison in Indiana commissioned as a Second Lieutenant and assigned to the Adjutant General’s Corps. Then, it was off to Hunter Army Airfield in Savannah, Ga., where she was assigned to the 24th Infantry Division’s support command. Her main roles were personnel and administration, which in an infantry division, included field training and tactical operations. She worked for Major Tommy Goodwin, “who was a wonderful leader and mentor,” Steinbeck said. She was often the only woman officer, and sometimes the only woman. And as an officer, she would have to give orders, mostly to men. “I had to learn to give an order,” she said. “The men would test the waters and see what I would put up with.” At Hunter, she met her soon-to-be husband, Mark Steinbeck. Later, she was transferred to the headquarters for the 24th Infantry Division as a protocol officer at Fort Stewart, Georgia. She was also promoted to First Lieutenant. Mark was on the move as well assigned to Judge Advocate General’s School in Charlottesville, Va. Meg followed, serving as chief of the visitor’s bureau at the JAG school. The two were married in 1980. By then, Steinbeck was interested in a law career and applied for the Funded Legal Education Program where she was one of only 25 officers selected for a fully funded legal education at a civilian law school. She selected the University of Virginia School of Law, but also had to commit to six more years in the Army. “I did not think twice about it,” said Steinbeck, who spent two of her summers during her law school years at the 101st Airborne Assault Division at Fort Campbell and another summer with the
Photo above: Judge Margaret Steinbeck stands in from of an L-19 aircraft, similar to the one her father piloted in the Korean War. The plane was on display during Steinbeck’s recent trip to the Korean War Memorial in Seoul, South Korea Photo right: Margaret, 3 years-old, and her older brother, Jack, play Army in their father’s uniform, showing off captain’s bars, holding toy guns, in 1959.
24th Infantry Division. “I had already seen my husband try a court martial case and I said, ‘this is for me.’” Steinbeck was promoted to captain while still in law school. After graduating from law school in 1984 and passing the bar, Steinbeck and her husband were off to Germany where she served as a senior prosecutor and chief in the international affairs division at V Corps headquarters in Frankfurt, West Germany, and as an international law and criminal law attorney for the U.S. Army Europe headquarters in Heidelberg.
Committed to family After four years in Germany, the Steinbecks returned to the states and Meg got her master’s degree in military law in 1989. She was assigned to the Army’s environmental law division as a litigation attorney at the Pentagon. In 1990, she left active duty. “One of the biggest reasons was I had two daughters who were 1 and 4,” she said. “We realized we did not have somebody like my mom to provide that type of stability for our daughters. It was important to me that they understood they were No. 1 in my world.” Her daughters, husband and legal career were her life now, but the Army journey was not over. She served 18 years in the reserves and ended her 30 years as a lieutenant colonel in 2008. She has been a judge since 1998, serving in every county of the 20th Circuit, except Collier. She also has served in every division of the Photo left: While she was in law school, Margaret Steinbeck, third from left, back row, participates in a change-of-command ceremony at Hunter Army Airfield in Savannah, Ga.
circuit court. “She is the most honest person I know,” said Katie Valdez, Steinbeck’s judicial assistant. “She is so hard working, dedicated and just genuine. You see it in her family. I couldn’t ask for a better person to work with.” Guiding her are lessons taught by her parents. She sees her father each day. He is 95 now. Her mom, Marjorie, passed away earlier this year. They were married 68 years. “I picked a good wife,” Ogilvie said. “We had four tremendous children. The boys put (Meg) on a pedestal. I am extremely pleased with her. She is very bright. She is tremendous.” “I remember when I was about 6, we were moving, and my dad wanted to sell his Volkswagen. He put an ad in the paper and the first person who showed up was a young soldier. They reached an agreement, but at the time the soldier did not have the money. Two dealers showed up and immediately offered my dad more money. He told them it was sold. They kept pushing. He finally told them to leave. He did not want to disappointment the young soldier.” In a month when the nation celebrates Veteran’s Day, Margaret Steinbeck can stand as an accomplished veteran, proud of her military blood line and prominent legal career, but family is her heartbeat. Her parents put that in place and Meg rules in its favor each day. ⚖
About Margaret Steinbeck Career
Circuit Judge, 20th Judicial Circuit, 1998 to present Assistant U.S. Attorney, United States Department of Justice, Middle District of Florida, 1995 - 1998
Military U.S. Army Judge Advocate General’s Corps, 1984-1990 | Captain Environmental litigation attorney, Department of the Army, Washington, D.C. International law attorney and criminal law attorney, U.S. Army Europe, Heidelberg, West Germany Senior prosecutor and chief, international affairs division, V Corps, Frankfurt, West Germany U.S. Army Adjutant General’s Corps, 1978-1981 | Lieutenant Chief, Visitor’s Bureau, The Judge Advocate General’s School, Charlottesville, Va. Protocol officer and assistant brigade adjutant, 24th Infantry Division, Hunter Army Field and Fort Stewart, Ga. U.S. Army Reserve, 1990-2008 | Lieutenant Colonel U.S. Army Judge Advocate General’s Corps
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LEGAL LENS HEALTH & WELLNESS LUNCHEON
Attorneys and judges gathered for some great conversation, good food and to hear from guest speakers during the LCBA Luncheon at Sidney & Berne Davis Art Center. Featured speakers were John Lesko, J.D., CAP, Sheldon E. Finman, Esq., and Carey Ralston of Hope Clubhouse.
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Photo credit: Jim Jett Photography
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1. Matt Roepstorff, Lauren Baugh, John Webb 2. Jennifer Lucas-Ross, Ethel Wells 3. Eunice Gedeon Linot with luncheon guests 4. Pete D'Alessandro, Hon. Devin George, Hon. Andrew Swett 5. Carey Ralston, John Lesko 6. Harley Brooke, Hon. Carolyn Swift 7. Blake Hampton, Hon. Zachary Gill 8. Mag. Gilberto Perez, Mag. Kimberly Davis Bocelli, Spencer Cordell 9. Hon. Archie Hayward
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What attorneys need to know about changes to public records Q&A with Linda Doggett Lee County Clerk of Court Linda Doggett wants Lee County Bar Association members to be aware of coming changes on how court records are accessed. A Q & A with the Clerk on the changes: Q: What will be the biggest change for attorneys? A: Currently attorneys use our old system to look at court case documents to see details of an arrest, for example, before they take a case. Even if they are not the attorney of record, they have access to those documents as soon as we process the information, usually in a day or two. On Dec. 1, a lot of those records will be locked for attorneys until we are able to redact them. Attorneys will have to request to view (or VOR) a record and then wait until those records are redacted. Redaction can take anywhere from four days to two weeks. They will get an email notifying them when the information is ready. However, if the attorney is the “attorney of record” on a case, then VOR is not required and they can see the documents as soon as they are processed and on the case without having to wait for redaction. Q: What are the responsibilities of redaction for those attorneys who have been named the attorney of record? A: There is a court rule that states the Clerk is required to redact certain information (i.e., victims of sexual assault, social security numbers, etc.) Attorneys are supposed to file Notice of Confidential Information when they file a document and the Clerk uses that to identify and redact before the records are made available to anyone for viewing. Q: How did we get to this point? A: In 2015, the Florida Supreme Court issued an administrative order called “Access to Electronic Court Records.” In that order, the Court laid out basically who could see what. The Court came out with 12 roles, identified the various case types and defined a level of
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access; then designed a matrix which shows what level of access each role has for each case type. Basically, the roles are for all different actors in the court system – judges, state attorneys, public defenders, clerk’s offices, general government, general constitutional officers, attorney of record, general public. The Court is trying to make sure no one gets preferential treatment. Q: It’s been four years since the Supreme Court decision. Why is the Lee County Clerk of Court’s office just now making the changes? A: We wanted to stay in a pilot mode as we were working on the system to fully comply with the matrix. We didn’t want to create problems for the customers and slow down the overall court system. We also wanted to make sure we had a better and faster redaction process and that the new program complies with the matrix. Finally, we wanted to add features that help the process. For instance, we wanted to make it easier for the attorney of record on a case to have the option of going online, checking a box and automatically becoming the attorney of record. This status lasts 72 hours while we process their Notice of Appearance. Q: Before Dec. 1, what do attorneys need to do? A: “They need to go online and fill out a registration form in order to be a registered user and get access to records. They will also need to print the form and have the form notarized. They need to register ahead of the Dec. 1 change. The public will also need to register to be a registered user, but they will not need to get forms notarized. Q: What else is coming that could be of benefit to the clerk’s office and access to public records? A: We are going to use new redaction automation software, which we hope to have in place in the next six months. This software is used in a lot of clerks’ offices and has a high confidence and success rate. ⚖
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THE DISH BY MATT ROEPSTORFF, ESQ.
Edison Restaurant, Bar & Banquet Center gives guests a variety of great food, entertainment
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mainstay on McGregor Boulevard, the Edison Restaurant, Bar & Banquet Center has something for everyone. From traditional dining, a casual lunch with friends or a football Saturday on “the porch,” the Edison is a favorite get together for many different crowds. Centrally located in Fort Myers, the Edison offers guests a scenic view overlooking Fort Myers Country Club or to enjoy backroom private dining and events. For traditional dining, friends can meet for a variety of light to full starters and entrees, including flavorful salads, artisan sandwiches and flatbread pizzas. For a quick, lighter lunch, we recommend the pear salad – a bed of mixed greens highlighted with roasted pears, candied pecans, dried cranberries and goat cheese crumbles. The menu includes selections for a heavier and more creative appetite from a supreme pizza, a shrimp po’boy and the Bright Idea burger. For those appetites that can’t decide between pizza or a burger, the Bright Idea is a half-pound burger with bacon and cheddar wrapped in a homemade pizza dough and baked until golden brown. This could be the perfect post-round meal after working up an appetite from 18 holes on the golf course.
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Photo above: Edison Restaurant exterior. Photo left: bar area. Photo below: Matt Roepstorff
Niehaus Business The Edison also serves 17 as a terrific venue for Niehaus Business Services banquets and private events. The Edison 17 can cater from weddings to corporate events and serve meals for any portion of the day – breakfast, lunch and dinner. The Olde Florida architecture of the banquet room offers an elegant and comfortable atmosphere for any event, while also providing a scenic view of the refurbished golf course. Large parties can enjoy a selection of buffet items, ranging from themes such as The H. Ford and T. Edison buffet, southern BBQ and Italian buffet. The Edison staff can comfortably accommodate any large group.
Any review would not be complete without highlighting “the porch.” On any given Saturday during football season, the porch can be found packed with college football fans, especially those adorning the garnet and gold. As headquarters for the Florida State football booster club, the porch serves as the open and outdoor bar and seating area with excellent bar service and enough TV’s to cover every snap of the game. While enjoying the game (although, maybe not so much this season for the ‘Noles), porch patrons order up pretzel bites, smoked wings and brisket sliders to pair with their cold drinks in the Florida heat. At night, live music and dancing can cap off a big win or help forget a painful loss. The Edison does its namesake proud for providing patrons an Olde Florida atmosphere and signature Fort Myers
charm. Whether for a quick business lunch, planning your next birthday party or watching the game on Saturdays, the Edison can accommodate any crowd with ease. This mainstay has firmly engrained itself as a Fort Myers destination, both for our seasonal visitors and locals alike. ⚖
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Matt Roepstorff is the incoming president of the Lee County Bar Association. He is an attorney with GrayRobinson, PA. He is a former Assistant State Attorney for the 20th Judicial Circuit in Lee County.
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LEGAL LENS LCBA DOWNTOWN DASH
It's not always all work for those in the Lee County Bar Association. There was some fun in October with the first Downtown Dash one-mile event in downtown Fort Myers that concluded with live music.
1. John Webb, Jerry Von Gruben, David Fineman 2. Sponsor Fort Myers Court Reporting 3. Spencer Cordell and family 4. Richard Haberle, Tiffany Pereira, Kheila Perez 5. John Webb, Sheldon Finman, Joel Hyatt 6. Travis Russell, John Miller 7. Karla Campos-Andersen, Kaydence Andersen 8. Joel Hyatt, Russell Schropp 9. Carlos Kelly
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9 Photos courtesy of Connie Ramos-Williams
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ATTORNEY GUEST COLUMN BY DENISE WHEELER WRIGHT, ESQ.
WHY IT'S EFFECTIVE
M
ediators sometimes spend more time telling parties what they can’t do than what they can do to resolve a dispute.
They can’t make any decisions regarding fact or law. They can’t give legal advice. They can’t compel any party to take any action. They can’t take sides. Despite this, the American Bar Association reports approximately 85% of cases get resolved at mediation. Mediation is sometimes successful when all other prior attempts to settle have failed and when parties are more prepared to go to trial than they are mentally prepared to settle. Which begs the question: If the mediator is so limited in what he or she can do, why does mediation work? Mediation allows both sides to approach the settlement discussion without the appearance of weakness. Settlement discussions may never get started at all when neither side wants to approach the conversation first, especially when clients are demanding aggressive postures. Offers and counteroffers encouraged by the mediator may not carry the same message of weakness in one’s position and are therefore deemed safer. Importantly, court-ordered mediation requires the decisionmakers be present at the mediation. These decision makers, who may be busy and distracted on a normal business day, can focus their attention on settling. A skilled mediator controls the communications. Because the mediator has the benefit of meeting separately with the parties, the mediator can focus on productive discussions and simply avoid the discussions which will lead to
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emotional responses and which will cause the parties to be more firmly committed to their positions. The parties get to air their desire for posturing and hard bargaining to the mediator without it having a detrimental effect on the negotiations. Mediation takes place in a concentrated day instead of a negotiation which may be spread out over weeks or months. Spending hours or an entire day in mediation results in everyone involved being more and more invested in resolution. The longer the mediation, the more committed to resolution the participants become. During the mediation, the mediator can give input to each side as to how an offer or counteroffer may be received based on the information they have gathered from their discussions with the other side. Proposals and options for settlement, which are not feasible, can be swiftly discarded. More productive negotiations can ensue without either side ever having to negotiate against themselves or having the negotiation break down. The bottom line is resolution is almost always a better option for the parties. Mediation is often the most effective way to get there. ⚖
Denise Wheeler Wright is the owner and founder of Wright Mediation Inc. After spending 24 years litigating business disputes, she now mediates all types of civil claims and disputes. Denise also conducts workplace investigations regarding complaints of harassment, discrimination, hostile work environment, fraud and improper conduct. She can be reached at denise@wrightmediation.com or wrightmediation.com
Your
APPELLATE
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1342 Colonial Blvd., Suite D30 | Fort Myers, FL 33907 November 2019 ⚖ RES GESTAE
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Lee County Bar Association's 100 Club Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies.
Absolute Law Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Banker Lopez Gassler, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boy Agnew Potanovic, PLLC Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Buchanan Ingersoll & Rooney PC Calvo & Calvo Cody & Linde, PLLC Coleman & Coleman Cole Scott & Kissane, P.A., Bonita Springs Ofc. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Elder Law Firm of Beth A. Prather, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Garvin Law Firm
Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grant Fridkin Pearson GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Firm Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law Law Firm of Scott T. Moorey The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, P.A. Law Offices of Dennis L. Webb, P.A. Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group
McQuagge Law Firm Men’s Rights Law Firm The North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Patrone & Kemp, PA Pavese Law Firm Richard Johnston Law Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Strayhorn and Persons, P.L. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Yeslow & Koeppel, P.A.
If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.
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SWFL’S LARGEST INDEPENDENTLY OWNED COURT REPORTING FIRM Serving our Southwest Florida Legal Community in Fort Myers, Naples, Punta Gorda, Port Charlotte, Bradenton, Sarasota, and Venice NO FEES FOR: Scanned Exhibits PDF with Linked Exhibts
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Jackie Burrell, RPR, FPR
November 2019 ⚖ RES GESTAE
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LCBA JUDGES SPOTLIGHT
Hon. J. Frank Porter
1. I graduated from Cumberland School of Law in 1985 and one of my classmates was Dr. Joseph Selden, the doctor who delivered me. He took great pleasure in telling our professors that he was the first person to “whip my butt”! 2. I was admitted to the Florida Bar when I was 22 years old. 3. Two quick phones call from Governor Jeb Bush. He appointed me to the county bench in 2001 and the circuit bench in 2003. Both phone calls were on Wednesday nights. The first occurred while I was in church, the second as I was leaving to go to church. 4.
“It doesn’t cost anything to be nice” is my favorite saying.
5. For many years I umpired high school baseball games in my spare time. Now, I enjoy inshore and offshore fishing.
Thank yy...
FOR CONTINUING TO TRUST US WITH
YOUR CLIENT’S INJURY CASE. Jeff
Cell: 239.940.9716
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Leland
Cell: 954.294.2005
⚖ November 2019
AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR. CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM
35 Years. 3,500 Mediations.
Experience Makes the Difference.
LPR
Leonard P. Reina, P.A. Attorney ■ Mediator ■ Special Master
239.263.2059 www.LPReina.info LPReina@LPReina.com
November 2019 ⚖ RES GESTAE
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LCBA MEMBERS SPOTLIGHT
Jonathan Huffman
1. I have five children, and they are all boys. What are the chances of that, you might be wondering? One out of 32 is the answer. Luckily for all involved, my wife and I like kids more than money. They do make it disappear quickly, but it’s worth it. 2. I am a good marksman (target shooting since age 7), but I’ve never hunted. It’s probably for the same reason that I’m not a farmer. I would be naming the food supply and trying to keep them as pets. 3. I grew up in Indiana in the 1980s, unquestionably the best decade for movies and music. It’s fun to see things I grew up with being recycled. People are doing the Running Man dance and calling it shuffling, and my Saturday morning cartoons have turned into blockbuster movies. I’m still waiting for the mullet to make a comeback and maybe I’ll jump onboard? 4. My favorite hobby is coaching kids’ soccer. On the field, I can transfer the same toughness, aggressiveness and desire to win that made me want to be a business litigator into a group of 5-8-year-olds and make them a formidable team. Coaching is a great, positive outlet for competitive spirit. 5. It took me a while to adjust to Morgan & Morgan’s contingent fee model for business litigation, but I like it.
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MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended
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November 2019 ⚖ RES GESTAE
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IN THE NEWS
State Attorney Amira Fox is the new treasurer to the Florida Prosecuting Attorney Association (FPAA), a statewide organization with a membership of 20 elected state attorneys and over 2,000 assistant state attorneys. The FPAA is governed by a board of 20 state attorneys.
Attorneys John Spear and James Kerr, along with members of their staffs, have joined the Bonita office of the Henderson, Franklin, Starnes & Holt, P.A., law firm. Spear is a Florida Bar board-certified real estate expert. For nearly 40 years, he has been representing owners and tenants in Bonita Springs, Estero, Naples and Fort Myers in all aspects of residential and commercial real estate. Drawing on almost 40 years of experience, Kerr creates custom estate plans for families throughout Southwest Florida. Katherine Cook has joined the firm of Henderson, Franklin, Starnes & Holt, P.A., as an associate in the Business Litigation department. Cook was born and raised in Pine Island and graduated from Evangelical Christian School. She received her undergraduate degree from Florida Gulf Coast University and graduated top of her class at Ave Maria School of Law.
Meredith A. McBride has become an associate in the Litigation Practice Area at the Fort Myers office of Hahn Loeser & Parks LLP. McBride will focus her practice on complex commercial litigation. She has developed a specialized knowledge of eminent domain law and will leverage her knowledge of government and construction regulations to guide her clients through the entire proceedings process. McBride, an Ave Maria Law School graduate, also brings experience filing land development permit extension requests and zoning applications. Attorney Kevin F. Jursinski has been named to the 2019 Super Lawyers list and attorney Kara Murphy to the Rising Stars list. They are with the The Law Office of Kevin F. Jursinski & Associates. This is Jursinski’s 10th year and Murphy’s fourth year on the esteemed lists. Only five percent of Florida attorneys are selected as Super Lawyers. For inclusion on the Rising Stars list, candidates must be either 40 years old or younger or in practice for 10 years or less.
Robert D. Pritt of Roetzel and Andress, Naples, received The Outstanding State Chair Award (representing Florida) last week at The International Municipal Lawyers Association Conference in Atlanta, Ga. He was honored at the association’s luncheon.
The American Institute of Personal Injury Attorneys has placed Jim Kelleher of The Kelleher Firm on its Florida Top 10 Attorneys list. The honor recognizes lawyers for excellence in client satisfaction and an array of other factors. Kelleher holds his law degree from the State University of New York at Buffalo Law School and has been practicing since 1984. He served on the executive committee at Morgan & Morgan for 15 years before founding The Kelleher Firm in Naples and Fort Myers.
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PRSRT STD U.S. POSTAGE
PAID
FT. MYERS, FL PERMIT NO. 147
P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org
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