Select Appellate Matters
Matters Involving Constitutional And Statutory Issues:
- Obergefell, et al. v. Hodges, et al., Nos. 14-556, 14-562, 14-571 and 14-574 (2015). Amicus brief on behalf of Campaign for Southern Equality and Equality Federation in support of Petitioners for marriage equality and recognition before the Supreme Court of the United States.
- D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. Nov. 7, 2013). Amicus brief on behalf of the American Academy of Assisted Reproductive Technology Attorneys addressing constitutional issues regarding whether Florida will apply the same principles to determine the parentage of a child born through assisted reproduction to a same-sex female couple as it applies to children born through assisted reproduction to opposite-sex couples.
- D'Angelo v. Fitzmaurice, 863 So. 2d 311 (Fla. 2003). Amicus Brief on behalf of Florida Defense Lawyers Association concerning set-off of settlement amounts.
- In the Matter of the Adoption of D.P.P., No. 5D13-1766, 2014 WL 2109130 (Fla. 5th DCA May 21, 2014), review denied, 148 So. 3d 769 (Fla. 2014). Reinstating a judgment of adoption and reversing the order that vacated that judgment of adoption on the basis that the circuit court lacked jurisdiction to consider a petition for adoption filed by unmarried women.
- Fl. Dep’t of Children & Families v. E.L.A., 46 So. 3d 1109 (Fla. 3d DCA 2010). Amicus Brief on behalf of the National Center for Lesbian Rights on unconstitutionality of state statute barring gays from adopting.
- Embry v. Ryan, 11 So. 3d 408 (Fla. 2d DCA 2009). Argued Florida must recognize out of state adoptions by same-sex couples.
- Miller v. Miller, 972 So. 2d 193 (Fla. 3d DCA 2007). Jurisdiction over child custody determination (pro bono).
- Belizaire v. State, 892 So. 2d 1022 (Fla. 2d DCA 2004). Probable cause for stop and search of motor vehicle (pro bono).
Business Litigation Matters:
- MYD Marine Distributor, Inc. v. Int’l Paint Ltd., 151 So. 3d 1263 (Fla. Nov. 20, 2014). Obtained affirmance of summary judgment in action by marine paint distributor against paint manufacturer and competing distributors alleging antitrust violations.
- Musson v. Bradshaw Construction Corp., No. 1:13-CV-21021, 2014 WL 794337 (S.D. Fla. Feb. 26, 2013). Obtained summary judgment on workers compensation immunity defense.
- Total Fleet Solutions, Inc. v. Nat'l Ins. Crime Bureau, 101 So. 3d 856 (Fla. 5th DCA 2012). Obtained affirmance of summary judgment on claims for malicious prosecution and tortious interference with business relationships.
- Del Monte Fresh Produce (Hawaii) Inc. v. R. J. Reynolds Tobacco Holdings, Inc., 97 So. 3d 231 (Fla. 3d DCA 2012). Obtained affirmance of order dismissing case for forum nonconveniens.
- MYD Marine Distributor, Inc. v. Int’l Paint Ltd., 76 So. 3d 42 (Fla. 4th DCA 2011). Marine paint distributor brought action against paint manufacturer and competing distributors alleging antitrust violations.
- Alonso v. Ocean Bank, 43 So. 3d 170 (Fla. 4th DCA 2010). Obtained affirmance of foreclosure judgment.
- Gonzalez v. BankUnited, FSB, 36 So. 3d 684 (Fla. 4th DCA 2010). Obtained affirmance of foreclosure judgment.
- Jallali v. Nova Southeastern Univ., Inc., 992 So. 2d 338 (Fla. 4th DCA 2008). Obtained reversal of jury verdict in suit against University for dismissal of student without doctorate of osteopathic degree.
- Gayer v. Fine Line Const. & Elec., Inc., 2 So. 3d 296 (Fla. 4th DCA 2008). Employer liability for spoliation of evidence.
- Johnson v. Pires, 968 So. 2d 700 (Fla. 4th DCA 2007). Compelling corporate officer to arbitrate.
- Manheim Auctions Gov’t Servs. v. Mejia, 930 So. 2d 657 (Fla. 3d DCA 2006). Vicarious liability, bailment and additur.
- Mathews v. Urezzio, 865 So. 2d 513 (Fla. 5th DCA 2004). Enforceability of settlement agreement.
- Canelon v. Hospitality Restoration & Builders, 853 So. 2d 424 (Fla. 3d DCA 2003). Successor liability.
- Vazquez v. City of Hialeah Gardens, 874 So. 2d 626 (Fla. 3d DCA 2004). Hostile work environment and constructive discharge claims.
Health Care Industry Matters:
- West Fla. Reg’l Med. Ctr., Inc. v. See, 79 So. 3d 1 (Fla. 2012). Interpretation and application of Amendment 7.
- McDuffie v. Uribe, 133 So. 3d 947 (Fla. 3d DCA 2012). Obtained affirmance of new trial in medical malpractice action.
- Simon v. Maldonado, 65 So. 3d 8 (Fla. 3d DCA 2011). Obtained a reversal of the trial court’s decision to grant a new trial in a medical malpractice action that resulted in a defense verdict. The case involved issues of alleged juror misconduct and nondisclosure of information, cross-examination of the defendant doctor as to collateral-issues and inclusion of subsequent treating physician on verdict form.
- Neil v. Surgical Park Ctr., Ltd., 36 So. 3d 107 (Fla. 3d DCA 2010). Defended against plaintiff’s petition for certiorari regarding Amendment 7 discovery.
- Telasco v. Brzostowicki, 26 So. 3d 594 (Fla. 3d DCA 2010). Applicability of Amendment 7, The Patients' Right to Know Act.
Insurance Industry Matters:
- Allstate Life Insurance v. Miller, 424 F.3d 1113 (11th Cir. 2005). Contestability of life insurance policy and imposter fraud.
- Altamonte Springs Imaging, L.C. v. State Farm Mut. Auto. Ins., 12 So. 3d 850 (Fla. 3d DCA 2009). Affirming class action settlement that resolves for one insurer on a statewide basis the computation and payment methodology for a statutory consumer price index adjustment due medical providers for magnetic resonance imaging services under section 627.736(5)(b)(5), Florida Statutes.
- American Home Assur. Co. v. Junger, 982 So. 2d 90 (Fla. 3d DCA 2008). Cancellation of insurance policy.
- Sherman v. Manufacturer's Life Ins. Co., 952 So. 2d 1200 (Fla. 3d DCA 2007). Class Action settlement and jurisdiction.
Products Liability Matters:
- Brannen v. Ford Motor Co., No. 162011CA001772, 2013 WL 4641488 (May 8, 2013). Excluding expert toxicologist’s testimony.
- R. J. Reynolds Tobacco Co. v. Koballa, 99 So. 3d 630 (Fla. 5th DCA 2012). Obtained certification of due process question to Florida Supreme Court.
- Reynolds American, Inc. v. Gero, 56 So. 3d 117 (Fla. 3d DCA 2011). Obtained reversal of trial court orders denying two defendants’ motions to dismiss for lack of personal jurisdiction under Florida’s long-arm statute.
- Turley v. Ford Motor Co., 27 So. 3d 36 (Fla. 2d DCA 2010). Admissibility of expert testimony.
- Ford Motor Co. v. Hall-Edwards, 21 So. 3d 99 (Fla. 3d DCA 2009). Quashing order declaring a product a public hazard under the Sunshine in Litigation Act.
- Ford Motor Co. v. Hall-Edwards, 5 So. 3d 786 (Fla. 3d DCA 2009). Granting petition for writ of certiorari, quashing order allowing plaintiff to allege punitive damages claim.
- Detroit Diesel Corp. v. Atlantic Mut. Ins. Co., 18 So. 3d 618 (Fla. 4th DCA 2009). Interpretation of written product warranty.
- Ford Motor Co. v. Hall-Edwards, 997 So. 2d 1148 (Fla. 3d DCA 2008). Attorney-client and work product privilege.
- Lopez v. Ford Motor Co., 970 So. 2d 365 (Fla. 3d DCA 2007). Dismissal of case as sanction for plaintiff’s perjured testimony.
- Lindsey v. BellSouth Tele., Inc., 943 So. 2d 963 (Fla. 4th DCA 2006). Intervening cause in products liability action.
- Force v. Ford Motor Co., 879 So. 2d 103 (Fla. 5th DCA 2004). Products liability and jury instruction issues.