Florida Hospital Waterman v. Buster

984 So. 2d 478 (Fla. 2008) This case, argued at the Supreme Court of Florida by Chris Carlyle, is the leading case concerning Amendment 7, also known as the “Patients’ Right to Know” Amendment. Amendment 7 became part of the Florida Constitution in 2004. On appeal from a case where the Firm was victorious at…


Auchter Co. v. Zagloul

949 So. 2d 1189 (Fla. 1st DCA 2007) In this complex construction case, the Firm filed an Amicus Brief on behalf of the Associated General Contractors of America, and Associated General Contractors of Greater Florida. The First District sided with our position.


Florida Hematology & Oncology v. Tummala

927 So. 2d 135 (Fla. 5th DCA 2006) The Tummala case involves an interesting question of law arising under Florida’s restrictive covenant (sometimes referred to as “non-compete”) statute, concerning whether patients that physicians referred to a doctor who has left a practice can constitute a legitimate business interest of the former practice. The trial court…


Getzer v. Diamond

920 So. 2d 1235 (Fla. 5th DCA 2006) The Carlyle Appellate Law Firm represented an Orlando City Commissioner, Ernest Page, in an election challenge. The firm successfully defended the incumbent candidate in a case that involved the interpretation of the City of Orlando’s election ordinance.


Savage v. Palm Beach Co.

912 So. 2d 48 (Fla. 4th DCA 2005) The trial court excluded the property owners’ experts from testifying about “property blight” in an inverse condemnation case. The Fourth District Court of Appeal agreed that such testimony should have been allowed, and reversed and remanded the matter to the trial court with instructions to allow the…


Brown v. Brown

873 So. 2d 601 (Fla. 5th DCA 2004) A father appealed the apportionment of settlement proceeds arising out of a motor vehicle accident that claimed the life of their 14 year old daughter. The trial court had awarded our client, the mother, a greater portion of the proceeds reasoning that her pain and suffering damages…


Strout v. Campbell

864 So. 2d 1275 (Fla. 5th DCA 2004) This case dealt with the International Child Abduction Remedies Act which implemented the Hague Convention. After a mother absconded with her children to Germany, the trial court awarded primary residential custody of the children to our client, the father. The mother appealed, arguing that the lower court…


Ormond Beach v. Citation Mortg., Ltd.

835 So. 2d 292 (Fla. 5th DCA 2002) Ormond Beach involved a complex interplay between the circuit court, the Federal Bankruptcy court, and section 768.79, Florida’s offer of judgment statute. The trial court ruled that a party’s voluntary dismissal without prejudice precludes the other party from collecting attorney’s fees. The Fifth District agreed and as…


Acker v. Acker

821 So. 2d 1088 (Fla. 3d DCA 2002) The Firm filed an Amicus Brief on behalf of the Family Law Section of The Florida Bar addressing an important question concerning whether a former husband’s pension could be considered a source of income for alimony purposes.


Darden v. Beverly Health & Rehab. Servs.

763 So. 2d 542 (Fla. 5th DCA 2000) The trial court dismissed a third amended complaint filed in a wrongful death action on the basis that the applicable statute of limitations had run prior to the filing of the complaint. We represented the estate on appeal, and were successful in reversing the decision and having…


Ligouri v. Beverly Enterprises

762 So. 2d 1039 (Fla. 5th DCA 2000) In this wrongful death case arising out of nursing home’s negligence, the trial court dismissed our client’s complaint with prejudice after his prior trial counsel had numerous unsuccessful attempts to amend. Recognizing that trial courts are afforded broad discretion in dismissing complaint with prejudice after numerous attempts…