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Published Opinions   

(Click the italicize print for a link to the opinions.)

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  • Abdo v. Abdo, March 19, 2021 320 So.3d 791 2021 WL 1044356 

  • Abdo v. Abdo, January 08, 2021 313 So.3d 802 2021 WL 70066 

  • In re Guardianship of Davis, February 26, 2020 290 So.3d 1091 2020 WL 911696 

  •  Jones v. U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust January 31, 2020 292 So.3d 459 2020 WL 499716

  • Hopson v. Deutsche Bank National Trust Company as Trustee for New Century Home Equity Loan Trust 2005-2, August 28, 2019 278 So.3d 306 2019 WL 4049625

  • Abdo v. Abdo, So. 3d (Fla. 3d DCA December 21, 2018) Trial Court lacked jurisdiction over non-resident business entity under long arm statute on basis of entity having office in state.

  • Bank of New York Mellon for Certificateholders CWALT, Inc. v. HOA Rescue Fund, LLC, 249 So. 3d 731 (Fla. 2d DCA June 08, 2018)  Purchaser of property at sale resulting from lien foreclosure action was not permitted to intervene in pending mortgage foreclosure action.

  • Messing v. Neiradka, 230 So. 3d 962 (Fla. 2d DCA November 29, 2017) Reversing a divorce and obtaining an annulment.

  • Westaway v. Wells Fargo Bank, N.A. for Carrington Mortgage Loan Trust, Series 2007-RFC1, Asset-Backed Pass through Certificates, 230 So. 3d 505 (Fla. 2d DCA September 1, 2017) Attorney's Fees. Trial court abused its discretion in awarding attorney fees based on reduction in requested hourly rate.

  • Volkswagen Aktiengesellschaft v. Jones, 227 So. 3d 150 (Fla. 2d DCA 2017) Reversing complaint for lack of personal jurisdiction on a case of asbestos exposure on products the defendant manufactured, distributed, and sold.

  • Strominger v. The Bank of New York, 212 So. 3d 1058 (Fla. 2d DCA 2016) Reversing final judgment of mortgage foreclosure in favor of bank due to failure to prove it had standing to foreclose at the inception of the case.

  • Florida Ins. Guar. v. Monaghan, 167 So. 3d 511 2015 (Fla. 5d DCA 2015) Reversing insureds motion to compel  appraisal after substituting IGA as defendant due to insureds waved right to appraisal in a sinkhole claim.

  • Florida Ins. Guar. Ass'n v Rodriguez,  170 So. 3d 89 (Mem) (Fla. 2d DCA 2015) Reversing order compelling appraisal of a sinkhole claim.

  • Cuevas v. Tower Hill Signature Ins. Co.,   173 So. 3d 986 (Fla. 2d DCA 2015)  Reversing summary judgement in favor of insurer based on completion of neutral evaluation was not a presuit requirement in a sinkhole claim.

  • Florida Ins. Guar. Ass'n v. de la Fuente, 158 So. 3d 675 (Fla. 2d DCA, 2015) Reversing ordered appraisal and award in favor of insured in a sinkhole claim.

  • Florida Ins. Guar. Ass'n v. Martucci, 152 So. 3d 759 (Fla. 5d DCA, 2014) Affirming action of appraisal after coverage was admitted, and that insureds did not wave right to appraisal in a sinkhole claim.

  • Phillips v. Hughes, 151 So. 3d 60 (Fla. 2d DCA, 2014) Reversing injunction for protection against domestic violence of mother against her father due to insufficient evidence to establish objective reasonableness of her fear that the danger of violence at the hands of her father was imminent.

  • Phillips v. Phillips, 151 So. 3d 58 (Fla. 2d DCA, 2014) Reversing injunction for protection against domestic violence of wife against her estranged husband due  to evidence being legally insufficient to meet statutory requirements for issuance of domestic violence injunction.

  • Florida Ins. Guar. v. Reynolds, 148 So. 3d 840, (Fla. 5th DCA, 2014) Reversing insured's motion to compel appraisal after substituting IGA as defendant due to insureds waved right to appraisal in a sinkhole claim.

  • Palms West Hosp. Ltd. Partnership v. D.W., 162 So. 3d 101 (Fla. 4th DCA, 2014) Affirming that reference to an election of remedies in administrative order was nothing more then a statement and if there was an appropriate waiver of benefits and if a guardian ad litem had to be appointed were matters to be litigated before the circuit court.

  • Tower Hill Select Ins. Co. v. McKee, 151 So. 3d 2 (Fla. 2d DCA, 2014) Affirming in part and Reversing in part, that insured had cause of action for breach of contract; insurer had authority to withhold payment for subsurface repairs; prejudgment interest was premature in a sinkhole claim.

  • N.R. v. Florida Birth-Related Neurological Injury Compensation Ass'n, 143 So. 3d 463 (Fla. 5th DCA, 2014) Affirming in part and Reversing in part, on compensation from the Birth-Related Neurological Injury Compensation Association.

  • Fitchner v. Lifesouth Community Blood Centers, Inc., 88 So. 3d 269 (Fla. 1st DCA 2012) Reverse of a summary judgment in a wrongful death suit against a blood bank.

  • Ernie Haire Ford, Inc. v. Atkinson, 64 So. 3d 131 (Fla. 2d DCA, 2011) Reversing order denying our client’s motion for remittitur in age discrimination case.

  • GalenCare, Inc. v. Mosley, 59 So. 3d 138 (Fla. 2d DCA 2011) Affirming decision regarding applicability of presuit notice requirement in medical negligence case.

  • Columbia Hospital (Palm Beaches) Limited Partnership v. Hasson, 33 So. 3d 148 (Fla. 4th DCA 2010) Reversing a discovery order requiring a non-party hospital to disclose trade secrets in a lawsuit involving a car accident.

  • Florida Power & Light Co. v. Florida Public Service Com'n, 31 So. 3d 860 (Fla. 1st DCA 2010) Reversing a Florida Public Service Commission order that denied an electric utility's request to treat employee compensation information as confidential and exempt from public disclosure under Florida's Public Records Law.

  •  Webster v. Body Dynamics, Inc., 27 So. 3d 805 (Fla. 1st DCA 2010) Affirming defense verdict in a negligence and products liability action against the manufacturers, distributors, and retailers of a dietary supplement.

  • In re S.F., 22 So. 3d 650 (Fla. 2d DCA 2009) Reversing an order terminating the parental rights of parents with respect to their three children.

  • Raphael v. Shecter, 18 So. 3d 1152 (Fla. 4th DCA 2009) Reversing an order that limited a plaintiff's non-economic damages in a medical negligence case, finding the statute unenforceable; review pending before the Florida Supreme Court (Case Nos. SC09-2153-SC09-2154).

  • WellCare of Florida, Inc. v. American Intern. Specialty Lines Ins. Co., 16 So. 3d 904 (Fla. 2d DCA 2009) Reversing a $3.2 million judgment entered against insurer on a duty to defend claim, and obtaining judgment as a matter of law for insurer on a duty to indemnify claims.

  • San Marco Realty, Inc. v. Dopierala, 14 So. 3d 1108 (Fla. 2d DCA 2009) Reversing trial court’s order entering a judgment against San Marco for Plaintiffs’ total personal injury damages, and reinstating the jury’s verdict which found San Marco liable for only 5% of those damages.

  • Mickens v. Damron, 1 So. 3d 116 (Fla. 2d DCA 2009) Reversing a dismiss action for failure to prosecute on an action on a contract for the construction of a residence.

  • Doe v. Footstar Corp., 980 So. 2d 1266 (Fla. 2d DCA 2008) Affirming judgment entered in favor of an employer who was sued by the parents of a minor employee; parents claimed that a supervisor sexually assaulted their daughter; the trial court held the claims were barred by workers' compensation exclusivity rule.

  • American Home Assur. Co. v. Junger, 982 So. 2d 90 (Fla. 3d DCA 2008)  Affirming life insurance claim brought by the widow of civilian pilot who flew for the government during the Vietnam War, even though the applicable 1968 group death and disability insurance policy could no longer be found.

  • U.S. Agri-Chemicals Corp. v. Camacho, 975 So. 2d 1219 (Fla. 1st DCA 2008)  Affirming worker’s compensation judgment, appellate court held that compensation claims judge's error in admitting improper expert testimony was harmless.

  • Lifesouth Community Blood Centers, Inc. v. Fitchner, 970 So. 2d 379 (Fla. 1d DCA 2007) Reversing an $8 million judgment against a blood bank and directing entry of judgment for the blood bank, holding Plaintiffs failed to comply with Florida’s statutory presuit notice requirements.

  • Bombay Co., Inc. v. Bakerman, 963 So. 2d 887 (Mem) (Fla. 3d 2007) Remand from Supreme Court of Florida on what the proceedings should be due to party disagreement on whether the employer engaged in conduct which was substantially certain to result in injury to employee versus substantially certain to result in injury or death.

  • Bakerman v. The Bombay Co., Inc., 961 So. 2d 259 (Fla. 2007) Appeal addressing workers’ compensation intentional tort exception, remanding for reconsideration based on revised standard.

  • Profile Investments, Inc. v. Delta Property Management, Inc., 957 So. 2d 70 (Fla. 1st DCA 2007) Appeal involving an invalid tax deed.

  • Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Div. of Administrative Hearings, 948 So. 2d 705 (Fla. 2007) Successfully represented parents of neurologically injured baby in an appeal to the Supreme Court by Florida's Birth-Related Neurological Injury Compensation Association of an administrative order.

  • Florida Institut for Neurologic Rehabilitation, Inc. v. Marshall, 943 So. 2d 976 (Fla. 2d DCA 2006) Affirming jury verdict in wrongful death action.

  • Vincent v. C.R. Bard, Inc. et. al, 944 So. 2d 1083 (Fla. 2d DCA 2006) Affirming summary judgment in medical device product defect claim case; rejecting alternative liability/market share liability theories.

  • Footstar Corp. v. Doe, 932 So. 2d 1272 (Fla. 2d DCA 2006) Dismissing for lack of jurisdiction in non-final appeal; but, in a majority specially concurring decision, holding that workers' compensation immunity bars allegations of intangible workplace injuries that are based on non-statutory sexual harassment claims.

  • Manheim Auctions Government Services, Inc. v. Mejia, 930 So. 2d 657 (Fla. 3d DCA 2006) Reversing indemnity claim of our client against co-bailee of a truck involved in an accident; affirming co-bailees’ vicarious liability to plaintiff.

  • Eagleman v. Korzeniowski, 924 So. 2d 855 (Fla. 4th DCA 2006) Affirming medical malpractice judgment against a doctor, where errors at trial were not properly preserved for appeal.

  • Sarasota Herald-Tribune v. State, 916 So. 2d 904 (Fla. 2d DCA 2005) Reversal in part in appeal, where news media challenged trial court order precluding publishing of juror names, addresses and pictures in a death penalty case.

  • Profile Investments, Inc. v. Delta Property Management, Inc., 913 So. 2d 661 (Fla. 1st DCA 2005) Appeal of order seeking to enforce Florida Supreme Court mandate in earlier appeal in tax deed foreclosure action.

  • Collinson v. Miller, 903 So. 2d 221 (Fla. 2d DCA 2005) Reversal and judgment for our client in the appeal of an order granting an equitable lien on real property based on an oral promise to devise homestead property.

  • Houck Corp. v. New River, Ltd., Pasco, 900 So. 2d 601 (Fla. 2d DCA 2005) Appeal of a mortgage foreclosure; statute of limitations issue.

  • The Bombay Company v. Bakerman, 891 So. 2d 555 (Fla. 3d DCA 2004) Reversal of a judgment in favor of an injured worker, based on workers’ compensation immunity; addressing workers’ compensation intentional tort exception.

  • Parkerson v. Nanton, 876 So. 2d 1228 (Fla. 1st DCA 2004) Affirming judgment challenged by Plaintiff, in claim based on post-traumatic stress disorder.

  • American Intern. Group, Inc. v. Cornerstone Businesses, Inc., 872 So. 2d 333 (Fla. 2d DCA 2004) Reversing order refusing to stay a lawsuit against a parent corporation, where the subsidiary is arbitrating the same claim.

  • Florida Birth-Related Neurological Injury Compensation Association v. Ferguson, 869 So. 2d 686 (Fla. 2d DCA 2004) Reversing in part, holding that DOAH exceeded the scope of its jurisdiction in a NICA case.

  • Foreline Security Corp. v. Scott, 871 So. 2d 906 (Fla. 5th DCA 2004) Reversing a $27 million judgment and entering judgment for our client on claims of fraudulent and negligent misrepresentation; ordering a new trial on all remaining issues, based on erroneous jury instructions.

  • Morton Roofing, Inc. v. Prather, 864 So. 2d 64 (Fla. 5th DCA 2003) Reversing $1.8 million verdict and ordering a new trial, based on erroneous jury instructions.

  • Lasman v. Freedom Life Ins. Co. of America, 862 So. 2d 787 (Fla. 2d DCA 2003) Reversing summary judgment in breach of contract action.

  • Ramos v. Preferred Medical Plan, Inc., 842 So. 2d 1006 (Fla. 3d DCA 2003) Reversing summary judgment in action against PPO insurer.

  • Florida Power Corp. v. Town of Belleair, 830 So. 2d 852 (Fla. 2d DCA 2002) Reversing injunction entered against power company.

  • American Home Assurance Co. v. Plaza Materials Corp., 826 So. 2d 358 (Fla. 2d DCA 2002) Prepared amicus brief on behalf of The Surety Association of America.

  • Knight Ridder, Inc. v. Dade Aviation Consultants, 808 So. 2d 1268 (Fla. 2d DCA 2002) Reversing costs and attorney fees denial for newspaper after bringing action against airport consultants under the Public Records Act to have consultants produce public records of payments to lobbyists.

  • Humana Health Ins. Co. of Fla. v. Chipps, 802 So. 2d 492 (Fla. 4th DCA 2001) Reversal of $79.5 million judgment against PPO insurer client.

  • Ponce v. Minda, 805 So. 2d 972 (Mem) (Fla. 2d DCA 2001) Affirming in part and Reversing in part, on a child support, visitation, and residential responsibility of a child.

  • Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 2d DCA 2001) Affirming that consultant firm was required to disclose records under the Public Records Act about lobbying expenses incurred by the firm on a airport expansion project.

  • University of Miami, Inc. v. Spunberg, 784 So. 2d 541 (Fla. 4th DCA 2001) Reversal of a $20 million judgment against our client in a medical staff privileges dispute.

  • Irven v. Dep’t of Health and Rehabilitative Servs., 790 So. 2d 403 (Fla. 2001) Reversal in favor of our client in a public sector whistleblower action.

  • Nard v. DeVito Contr. & Supply, Inc., 769 So. 2d 1138 (Fla. 2d DCA 2000) Reversal of a summary judgment in breach of contract action.

  • National Union Fire Ins. Co. of Pittsburgh v. Blackmon, 754 So. 2d 840 (Fla. 1st DCA 2000) Reversal in part of a judgment in an uninsured motorist action.

  • Sutherlund ex rel. Sutherland v. Pell, 738 So. 2d 1016 (Fla. 2d DCA 1999) Reversal of summary judgment in a premises liability action.

  • Perry v. Munger, 730 So. 2d 393 (Fla. 2d DCA 1999) Reversal of a summary judgment in an uninsured motorist action.

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