200405.28
0

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…

200402.06
0

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…

200212.20
0

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…

200205.22
0

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.

200007.28
0

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…

200007.28
0

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…