Gibson v. Progress Bank of Florida

54 So. 3d 1058 (Fla. 2d DCA 2011) This appellate proceeding was launched after a commercial lender attempted to discover the personal financial information of family members of the party who guaranteed the loan. The trial court had denied the family members’ motion for protective order and the Firm was retained on an emergency basis…


Ruddy v. Carelli

54 So. 3d 1055 (Fla. 5th DCA 2011) Following an automobile accident, an insured brought suit against his insurance company under his uninsured motorist policy. The insurance company denied coverage, asserting that he was required to join the tortfeasor and because he had not timely done so, he was not entitled to coverage. The trial…


Glary v. Israel

53 So. 3d 1095 (Fla. 1st DCA 2011) The trial court entered a non-final order directing a law firm and an individual to transfer funds to a receiver appointed to wind up a separate law firm’s affairs. The Firm appealed the ruling, and successfully persuaded the appellate court to vacate the portion in the Order…


Mash v. Lugo

49 So. 3d 829 (Fla. 5th DCA 2010) The Firm represented the appellant in a personal injury action that had been sent to appellate mediation. When neither the appellee nor any representative of the insurance company appeared at the mediation, the Firm filed a motion for sanctions for failing to obey the appellate court’s mediation…


Johary Aviation, Inc. v. Turan

47 So. 3d 333 (Fla. 5th DCA 2010) Johary Aviation moved to set aside a default entered in the trial court against it and the trial court denied its motion. The Firm appealed the denial and Turan attempted to defend the ruling on two fronts. First, it claimed that the appeal was untimely, which was…


Halikman v. Halikman

43 So. 3d 913 (Fla. 5th DCA 2010) A Former Wife appealed a permanent alimony award asserting that it was inadequate. The Former Husband retained the Firm to defend the trial court’s decision and, despite difficult facts which would support a reversal, the Fifth District Court of Appeal affirmed. The appellate court accepted the Former…


Lakeland Regional Medical Center v. Neely

8 So. 3d 1268 (Fla. 2d DCA 2009) A hospital filed a Petition for Writ of Certiorari, arguing that Amendment 7 (the “Patients’ Right to Know” Amendment) violated the common law work product doctrine. The Firm successfully argued that Amendment 7 preempted the common law work product doctrine as it applied to existing reports of…


Spectrum Interiors, Inc. v. Exterior Walls, Inc.

2 So. 3d 1093 (Fla. 5th DCA 2009) The Firm successfully appealed a Final Judgment entered after a jury verdict in favor of a sub-subcontractor in a construction dispute. The Opinion found that the trial court improperly allowed the jury to consider certain damage elements, and reversed in part and remanded for a new trial…


Liggett Group, Inc. v. Davis

997 So. 2d 400 (Fla. 2008) The First District Court of Appeal certified two questions to the Supreme Court of Florida, one involving whether Florida should adopt the Restatement (Third) of Torts for design defect Cases. The Firm filed an Amicus Brief on behalf of the Florida Justice Association addressing this important issue, though the…