Take a look at our May newsletter!
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A Statewide Law Firm
Many of our clients never come into the office. We use technology to handle their cases virtually all across Florida.
MAY 2022
Growing Together with You
The Pets of DLG MEET OUR 4-LEGGED FAMILY MEMBERS!
Kathy’s dogs, Kira and Dax
Nothing in life is perfect.
That little puppy you picked up at the humane society, brought home with you, and love so much? He’s the same dog that will poop on your carpet the next day. That dream job you’ve always wanted and finally got? Next week, it will make you shake your head in frustration. But there’s one big difference between the puppy and the job: Through the good days and bad days, the highs and the lows, that dog will love you unconditionally. As a dog owner myself, I promise you’ll forget about the ruined carpets, but you’ll always remember the joy your pet brings to your life! These photos are about sharing that joy. The first week in May is National Pet Week, and it’s about time we introduced you to the dogs, cats, snakes, hamsters, and goldfish in our DLG family. After a long day of dealing with opposing counsel, insurance adjusters, bankruptcy trustees, and the daily grind of legal practice, these friendly companions make everything better. One of the best things about having pets is that they’re always happy to see us — unlike the judges in the courtroom! They keep us motivated to get up every morning, fight the good fight for our clients even when the world tries to slow us down, and come home to see their cute little faces again at night.
Tara’s dog Little Rat Dog
Lori’s dog Gus
Ronnie’s dog Bentley
Casey’s dog Kiwi
Nothing in life is perfect, but our pets are pretty dang close.
If you have a fur baby at home, give them a squeeze for me.
The Dellutris’ dogs, Petunia and Lilly
–Carmen Dellutri
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You were just sitting at a traffic light, minding your own business, and you get rear-ended. Now you are injured, disoriented, and maybe on the way to the emergency room. The last thing you want to worry about is who owns the vehicle that hit you. However, you do have to think about who actually owns the vehicle that hit you. Many times, the driver is the owner of the vehicle. If that’s true, consider yourself lucky. But, in today’s world of Uber, Lyft, and other ride-share programs, and tourist season in Florida, it’s become more important than ever to know who owns the vehicle that hit you at the time of the accident. Rental cars pose a unique situation. Normally, when law enforcement investigates the accident, they will ask for a driver’s license, registration, and insurance. In a rental car accident, the owner of the vehicle is the rental car company, and the insurance company is the rental agency’s insurance. It is up to the individual to ask the investigating officer to get the driver’s personal automobile insurance as well. Often, the rental car’s insurance does not cover our client’s injuries. We are then forced to track down the negligent driver‘s personal automobile insurance information. This takes more time than you can imagine. Especially if they are from a different state or country, and it complicates the case CAR ACCIDENTS CAN BE TRICKY Be Sure to Ask if the Driver Owns the Vehicle
unnecessarily. It also could delay getting necessary treatment for our client’s injuries. Oftentimes, we send out letters to the insurance companies, and their insured has not notified their personal insurance carriers thinking the rental car insurance provides coverage. Again, these hurdles could have been avoided in many instances. If you are unfortunate enough to be in an automobile wreck, and you are able to talk to the law enforcement officer, just ask if the person who hit you owns the vehicle. If not, please ask the officer nicely if they can ask for the driver’s personal auto insurance information as well, just in case.
It may take 30 seconds, but it may save you months of aggravation in the future.
–Carmen Dellutri
“I would give 10 stars if possible! I can’t say enough good things about this firm. Going through a difficult situation, Mark and Teresa made this experience easy. I am impressed with the attention to detail, personal service, kindnesses and professionalism. I had a lot on my plate and Teresa was always guiding me along the way with patience. Mark was always flexible to get me in because of my schedule. I am beyond thankful for them taking the time to always answer my many questions, follow up with me when I’d forget to do something and always felt like they truly cared. Thank you for getting me through this difficulty, you made it EASY!!!!” –L.C. google review , oct . 2021 Testimonial Our Clients Say It Best
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Introducing Our Office Manager Christie Shares Her Positive Attitude
Summer Strawberry Spinach Salad
This refreshing and seasonal salad will go great with whatever meat you throw on the grill this Memorial Day.
INGREDIENTS
• 3 tbsp balsamic vinegar • 1/4 cup olive oil • 1 garlic clove, grated or finely minced • 1/2 tsp Dijon mustard • 1/2 tbsp strawberry jam • Freshly ground salt and pepper, to taste • 1/3 cup raw, sliced almonds
3. In a large bowl, add spinach. Then layer on strawberries, avocado, red onion, feta, toasted almonds, and chopped pistachios. 4. Toss dressing in salad or serve on the side. • 5 oz organic spinach • 2 cups strawberries, halved • 1 large avocado, sliced • 1/2 small red onion, thinly sliced • 1/2 cup feta crumbles • 1/4 cup roasted pistachios, chopped
It’s been a while since we’ve put the spotlight on some of our team members, and we think it’s high time to bring it back! Do you know our amazing office manager, Christie? There is a good chance you haven’t had the pleasure because she’s on the backend of what keeps us moving forward, and what a shame that is! We need to push her into the spotlight so you all know just how amazing she is. Not only does she keep our office running and keeps everything in check, she also keeps us all positive every day!
DIRECTIONS
1. In a small bowl, combine balsamic vinegar, olive oil, chopped garlic, Dijon mustard, and strawberry jam. Mix well. Add salt and pepper to taste.
What’s the Good News ? “Faith is being sure of what we hope for and certain of what we do not see.” HEBREWS 11:1 Christie greets every day with a beautiful internal sparkle, and when she says, “Have a great day,” she means it. Her enthusiasm and brightness are contagious, and it is her mission to make the best impression she can on everyone she meets. Outside the office, she really enjoys reading mystery and suspense novels, when she’s not busy spending time with her husband, Rob, and their son, Jackson, of course.
2. In a pan, toast the
almonds over medium heat until they are golden brown.
Inspired by AmbitiousKitchen.com
Last month we had ... • 49 referrals from friends, family, or previous clients • 23 returning clients for a new matter • 23 referrals from other attorneys • 7 referrals from other professionals in town • We sent out 103 referrals to our trusted referral partners A Huge Thank-You to Our Referral Partners!
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1436 Royal Palm Square Blvd. Fort Myers, FL 33919
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InsideThis Issue
1 Meet Our Adorable Pets 2 Important Steps When Accidents Happen 2 Testimonial 3 Meet One of the Team 3 Summer Strawberry Spinach Salad 4 Random Lawyer Story
Do you know our very own attorney Joe LoTempio is a HUGE Marvel fan? He started reading Marvel Comics in 1995, and it quickly became his most passionate hobby. Now Joe owns thousands of Marvel Comics, and a boat-load of other Marvel memorabilia. Joe is not only an awesome attorney, but he’s also a Chapter Success Coach for several BNI Chapters in the area. When Joe showed up at a meeting of the Referral Links chapter, they told him they had a special gift for him. Turns out that BNI member Kevin Knapp of Floorcrafters actually knows legendary Marvel Comics artist Mark Bagley, who drew the very first Marvel comic Joe ever bought — Amazing Spider-Man #405. Kevin got Mr. Bagley to draw and sign a custom Spider-Man sketch just for Joe (and even included a picture of himself doing the sketch)! JOE RECEIVES A SUPER SURPRISE
Many thanks to Kevin and the BNI Referral Links chapter. Joe says this was the best gift he has ever received. You rock!
For more lawyer stories and DLG news and updates, be sure to follow us on social media! @DellutriLaw @TheRealDellutriLaw
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Top 10 Reasons Everyone Needs a Comprehensive Power of Attorney
PART I
3. Provides family members a good opportunity to discuss wishes and desires. There is much thought and consideration that goes into the creation of a comprehensive power of attorney. One of the most important decisions is who will serve as the agent. When a parent or loved one makes the decision to sign a power of attorney, it is a good opportunity for the parent to discuss wishes and expectations with the family and, in particular, the person named as agent in the power of attorney. 4. The more comprehensive the power of attorney, the better. As people age, their needs change and their power of attorney should reflect that. Seniors have concerns about long- term care, applying for government benefits to pay for care, as well as choosing the proper care providers. Without allowing the agent to perform these tasks and more, precious time and money may be wasted. 5. Prevents questions about principal’s intent. Many of us have read about court battles over a person’s intent once that person has become incapacitated. A well-drafted power of attorney, along with other health care directives, can eliminate the need for family members to argue or disagree over a loved one’s wishes. Once written down, this document is excellent evidence of their intent and is difficult to dispute. These are the first five reasons why you need a power of attorney. Next month, I will explain the final five reasons why you want to have a proper and effective power of attorney in place along with a bonus reason as well. Stay tuned! –Mark Martella, Esq.
All too often I get a call from a frantic client asking for a power of attorney for a spouse who has just been rushed to the hospital, unconscious, and in intensive care with tubes coming out of a dozen different places. I then need to have the difficult conversation about how it is too late to prepare a power of attorney, because the unconscious spouse is the one who needs to sign it, and until she can knowingly and voluntarily sign it, there is no document I can draft to help. Furthermore, if the illness is prolonged, they will need to go through an expensive and time- consuming guardianship process. As you can see, the benefits of a highly detailed, comprehensive power of attorney are numerous. Unfortunately, many powers of attorney are more general in nature and can actually cause more problems than they solve, especially for our senior population. This article highlights the benefits of a comprehensive, detailed power of attorney, including some of the provisions that should be included. A proper starting point is to emphasize that the proper use of a power of attorney as an estate planning and elder law document depends on the reliability and honesty of the appointed agent. The agent under a power of attorney has traditionally been called an “attorney-in-fact” or sometimes just “attorney.” However, confusion over these terms has encouraged the terminology to change so more recent state statutes tend to use the label “agent” for the person receiving power by the document. The “law of agency” governs the agent under a power of attorney. The law of agency is the body of statutes and common law court decisions built up
over centuries that dictate how and to what degree an agent is authorized to act on behalf of the “principal” — in other words, the individual who has appointed the agent to represent him or her. Powers of attorney are a species of agency-creating document. In most states, powers of attorney can be and most often are unilateral contracts — that is, signed only by the principal, but accepted by the agent by the act of performance. Let’s take a look at the benefits of having a comprehensive durable power of attorney: 1. Provides the ability to choose who will make decisions for you (rather than a court). If someone has signed a power of attorney and later becomes incapacitated and unable to make decisions, the agent named can step into the shoes of the incapacitated person and make important financial decisions. Without a power of attorney, a guardianship or conservatorship may need to be established, and can be very expensive. 2. Avoids the necessity of a guardianship or conservatorship. Someone who does not have a comprehensive power of attorney at the time they become incapacitated would have no alternative than to have someone else petition the court to appoint a guardian or conservator. The court will choose who is appointed to manage the financial and/or health affairs of the incapacitated person, and the court will continue to monitor the situation as long as the incapacitated person is alive. While not only a costly process, another detriment is the fact that the incapacitated person has no input on who will be appointed to serve.
The Valentino brothers have outdone themselves again with the addition of Johnny Fontane’s at their restaurant, Donato’s. In celebration of their 25-year anniversary, instead of sitting on their laurels and enjoying their success, the creative duo of David and Dennis are always looking to push the envelope and give their loyal customers a reason to come back. Well, they hit a home run with Johnny Fontane’s. If you have never been to Donato’s in Port Charlotte, you don’t know what you are missing. It is a one-of-a-kind experience if you love traditional southern Italian cooking like the kind I grew up with in New Jersey. While there may be many chain restaurants serving what some may call “Italian food,” I haven’t found any place in southwest Florida that has the authentic food my mom and grandmother made while I was growing up, combined with the atmosphere of Donato’s. From the entrance into a New York City newsstand- style hostess station, to the walk through an NYC subway station tunnel leading into a dining room reminiscent of a neighborhood street in Brooklyn, you are immediately transported back in time and place. Each time you go there, you will discover a new detail in the décor, and if you are a fan of “The Godfather” movies you will especially enjoy it. Speaking of “The Godfather” movie, it was the inspiration for Johnny Fontane’s. If you will recall, Johnny Fontane was the Frank Sinatra-type character from the movie whom the godfather helped get into movies and headline in Las Vegas. David and Dennis used that idea to expand the restaurant and add a bar and dining area with that 1950s era New York jazz club look and feel. The place has an amazing energy with live music on Thursday, Friday and Saturday nights (my favorite entertainer is jazz guitarist Tony Boffa on Thursday nights!) What classic bar is complete without classic drinks? From a smoked old fashioned to a peach bellini martini, there is something for everyone on the menu to start the relaxation experience. But, in addition to the atmosphere and great drinks, what excites me are the new menu items. David and Dennis have created what best can be described as an “Italian tapas” menu. RANDOM REVIEWS Johnny Fontane’s A New Experience at Donato’s
Photo: Donato’s Italian Restaurant, Facebook
The stars of the menu are the charcuterie boards, with names like the Brooklyn, the Bronx, and the Manhattan. They are made up of a delicious selection of Italian meats and cheeses, or you can create your own. My favorite is the Brooklyn with prosciutto, genoa salami, hot capicola, Parmigiano-Reggiano, gorgonzola, ricotta-stuffed sweet peppers and fig jam. When it comes to the new hot appetizers, I can’t pick a favorite. However, the two must-haves are, first, the ricotta fritters, which are balls of ricotta, lightly coated, then deep-fried and turned into delicious light and airy clouds of ricotta deliciousness; the other is the spicy garlic shrimp served over polenta. The garlic sauce is not overpowering, the chilies give it a nice little kick, and the sauce soaks into the polenta, making it addicting! Finally, if you love fresh mozzarella, I highly recommend their rendition, which is made fresh to order and served warm with a creamy center when you cut into it. It comes with roasted cherry tomatoes, toasted ciabatta, and a balsamic glaze. What I just described can be a full meal for two, and I haven’t even touched on the dinner and dessert menus. Space limits me from getting into the main menu, so I recommend you try it yourself. They have all the classic southern Italian dishes from eggplant and chicken parmigiana to chicken marsala and piccata. My favorite is the Prince Edward mussels with spicy marinara sauce. Did I also mention they make their own pasta? In the 18 years that I have been going there, I have probably tried everything and have never had a bad meal. For more information on their menu, visit their website at DonatosPortCharlotte.com. If you would like to give it a try, they are located at 1900 Tamiami Trail, Port Charlotte, next to Lowe’s. Buon appetito! –Mark Martella, Esq.
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