Salvato v. Miley

790 F.3d 1286 (11th Cir. 2015) The personal representative of the estate of a suspect who was shot and killed by police brought a § 1983 action against the officer and the county sheriff. The United States District Court denied the officer’s motion for summary judgment and the sheriff’s motion for judgment as a matter…


Apthorp v. Detzner

162 So. 3d 236 (Fla. 1st DCA 2015) The Firm filed an Amicus Brief on behalf of the League of Women Voters of Florida in a case involving the constitutional challenge to a public official’s use of a qualified blind trust in a case involving the required scope of financial disclosure.


Villanueva v. Reynolds, Smith and Hills, Inc.

159 So. 3d 200 (Fla. 5th DCA 2015) The Plaintiff’s complaint alleged that the defendant engineering firm negligently designed plans for a road that ultimately resulted in the plaintiff’s death. The trial court agreed, and entered summary judgment in the Defendant’s favor, finding that a subsequent engineer who signs and seals plans is solely responsible…


Eldridge v. Eldridge

147 So. 3d 1048 (Fla. 5th DCA 2014) In a complicated divorce matter, the trial court agreed with the wife’s contention that certain alimony payments were actually shareholder distributions from the marital business. The trial court awarded the wife one-half of the distributions from that business, as well as attorney and expert witness fees. The…


St. Johns River Water Management District v. Koontz

2014 WL 1703942 (Fla. 5th DCA 2014) In the fifth appeal in this matter to the Fifth District, the appellate court affirmed the case after it was remanded from the United States Supreme Court (see Koontz v. St. Johns River Water Management District, 133 S.Ct. 2586 (2013)) to the Supreme Court of Florida, and ultimately…


Fairchild v. Fairchild

135 So. 3d 537 (Fla. 5th DCA 2014) In a divorce case involving numerous issues, the Firm persuaded the appellate court to find that the former husband was entitled to credit for certain material funds used during the proceeding to pay attorney’s fees.


Home at Last v. V.M.

126 So. 3d 1236 (Fla. 5th DCA 2013) In a complicated case involving an adoption agency and the father of a child, the Firm successfully persuaded the appellate court to reverse and remand an Order which dismissed the adoption agency’s second petition to terminate parental rights.


D.M.T. v. T.M.H.

129 So. 3d 320 (Fla. 2013) In this groundbreaking parental rights case, the Supreme Court of Florida (in a lengthy 4-3 decision) agreed with the Firm that its client, T.M.H., had parental rights to a child she raised with her partner, D.M.T. The same sex couple wanted to have a child, and T.M.H.’s ova was…


Scalice v. Orlando Regional Health Care

120 So. 3d 215 (Fla. 5th DCA 2013) In a tragic case, an infant died two days after birth when he contracted Group B Streptococcus. The trial court granted summary judgment in the hospital’s favor, and the Firm appealed that ruling. In reversing, the appellate court found that the Plaintiff could use its own pre-suit…


UCF Athletics Association, Inc. v. Plancher

121 So. 3d 1097 (Fla. 5th DCA 2013) This case involves the tragic death of Ereck Plancher, a 19 year old football player at the University of Central Florida who was killed by the negligence of the football staff. The appeal involved two primary issues, one involving a “release” that UCFAA claimed absolved them from…


Koontz v. St. Johns River Water Management District

133 S. Ct. 2586 (2013) On the second to last day of the October 2012 term, the United States Supreme Court issued its opinion in this important property rights case. Attorney Chris Carlyle, along with trial counsel Michael D. Jones and the Pacific Legal Foundation, successfully persuaded the Court that the Nollan and Dolan standards…


Sweeny v. Sweeny

113 So. 3d 987 (Fla. 5th DCA 2013) In a complicated divorce case involving nine issues on appeal filed by the Former Husband, the Firm was successful in affirming all rulings in the Former Wife’s favor with the exception of one minor issue concerning a life insurance policy.