Consumer Finance / Commercial Finance:
- Bloch v. Wells Fargo Home Mortgage, 13-10680, 2014 WL 351688 (11th Cir. 2014). In an appeal with multiple issues of importance to the lending/servicing industry, obtained affirmance of decision addressing the effect of a “trial” modification, application of the Florida Bank Statute of Frauds, and the proof needed to maintain promissory estoppel and negligence claims.
- Wells Fargo Bank, N.A. v. Morcom, 125 So. 3d 320 (Fla. 5th DCA 2013). Reversal of order dismissing foreclosure action based on improper standard for a lender’s standing to enforce a mortgage through a foreclosure action.
- KCF Site Dev., LLC v. PNC Bank, Nat. Ass’n, 122 So. 3d 499 (Fla. 5th DCA 2013). Obtained affirmance of summary judgment on claims of unjust enrichment, seeking an equitable lien on undisbursed construction loan proceeds, and statutory damages based on decision to cease funding the loan at issue.
- Corning v. Wells Fargo Bank, N.A., 120 So. 3d 1278 (Fla. 1st DCA 2013). Affirmance of denial of challenge to duly noticed foreclosure sale.
- Wells Fargo Bank, N.A. v. Stahler, 115 So. 3d 1105, 1106 (Fla. 5th DCA 2013). Reversal of order dismissing case based on trial court’s failure to consider relevant factors for dismissal as a sanction.
- Deutsche Bank Nat. Trust Co. v. Sela, 110 So. 3d 537 (Fla. 4th DCA 2013). Reversal of trial court order striking pleadings and dismissing case as a sanction for discovery violations.
- Wells Fargo Bank, NA v. Unknown Heirs of Chipner, 100 So. 3d 252 (Fla. 4th DCA 2012). Reversal of order dismissing action based on unpled affirmative defense.
- Figueroa v. MERSCORP, Inc., 477 Fed. Appx. 558 (11th Cir. 2012). Affirmance of dismissal of RICO claims based on Rooker-Feldman doctrine.
- Brigliadora v. Wells Fargo Bank, N.A., 447 Fed. Appx. 941 (11th Cir. 2011). Affirmance of dismissal of complaint asserting TILA and breach of contract claims.
- U.S. Bank Nat. Ass’n v. Paiz, 68 So. 3d 940 (Fla. 3d DCA 2011). Obtained reversal of order staying writ of possession and permitting discovery on motion to vacate final judgment.
- Korte v. U.S. Bank Nat. Ass’n, 64 So. 3d 134 (Fla. 4th DCA 2011). Affirmance of order imposing sanctions against defense counsel in a mortgage foreclosure action.
- PNCEF, LLC v. S. Aviation, Inc., 60 So. 3d 1120 (Fla. 4th DCA 2011). Obtained reversal of order denying prejudgment writ of replevin.
- Copperhead, LLC v. Seacoast Nat. Bank, 72 So. 3d 766 (Fla. 4th DCA 2011). Affirmance of $20+ million judgment against borrower and guarantors on promissory notes.
- MacMillan Oil Co. of Florida, Inc. v. Wells Fargo Bank, N.A, 48 So. 3d 854 (Fla. 4th DCA 2010). Affirmance of order recognizing priority of lender’s claim against judgment debtor.
- Dozens of additional appeals defending against various issues in foreclosure related appeals.
- Futernick v. Trushina, 3D13-2022, 2014 WL 3304848 (Fla. 3d DCA July 9, 2014). Obtained affirmance of an order requiring specific performance of a real estate contract that exceeded $2.3 million.
- Winn-Dixie Stores, Inc. v. Dolgencorp, LLC, 746 F.3d 1008 (11th Cir. 2014). Obtained reversal of order refusing to grant full injunctive relief for violations of real property covenants running with the land.
- Jordan v. St. Johns County, 63 So. 3d 835 (Fla. 5th DCA 2011). Obtained reversal of adverse judgment and argued that the county has a duty to repair and maintain its public roads, and that inverse condemnation proceedings are available where the failure to discharge that duty results in diminished access.
- Briarwood Shopping Ctr., LLC v. Lowe’s Home Ctr., Inc., 18 So. 3d 1044 (Fla. 2d DCA 2009). Obtained affirmance of judgment requiring the repurchase of a $13,500,000 piece of commercial real estate.
- Oak Square Joint Venture v Brand Properties IV, LLC, 9 So. 3d 620 (Fla. 1st DCA 2009). Secured decision upholding judgment refusing to enjoin redevelopment of property into a commercial retail shopping center based on alleged violation of a joint cross-access agreement.
- Dolgencorp, Inc. v. Winn-Dixie Stores, Inc., 988 So. 2d 1287 (Fla. 5th DCA 2008). Affirmance of trial court’s decision determining the enforceability of a grocery exclusive as a real property covenant running with the land.
- Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007). Secured reversal of order refusing to recognize shopping center grocery exclusive as a real property covenant running with the land, enforceable against subsequent tenants.
- Estate of McCall v. United States, 39 Fla. L. Weekly S104 (Fla. 2014). Prepared amicus curiae brief in appeal addressing Florida’s statutory cap on wrongful death noneconomic damages recoverable in a medical malpractice action.
- Sitarik v. JFK Med. Ctr. Ltd. Partnerships, 127 So. 3d 521 (Fla. 4th DCA 2013). Obtained affirmance of order dismissing claims for tortious interference with a business relationship, conspiracy to tortiously interfere, and violations of the Florida Whistle Blower Act.
- Ioannou v. Lawnwood Med. Ctr., Inc., 126 So. 3d 1067 (Fla. 4th DCA 2013). Obtained affirmance of final summary judgment in case where the doctor alleged that the hospital wrongfully denied his application for re-appointment to the medical staff. The affirmance confirmed the hospital’s statutory immunity from suit resulting from the doctor’s failure to plead extrinsic evidence of intentional fraud in the re-credentialing process.
- Zakharia v. Cedars Healthcare Group, Ltd., 103 So. 3d 169 (Fla. 3d DCA 2012). Affirmed dismissal of claims that hospital improperly suspended and revoked the doctor’s clinical privileges, where release language in the medical staff bylaws barred those claims.
- HCA Health Services of Florida, Inc. v. Cyberknife Ctr. of Treasure Coast, LLC, 63 So. 3d 935 (Fla. 4th DCA 2011). Obtained writ of certiorari to quash order permitting financial discovery where contract at issue barred punitive damages.
- Lawnwood Med. Ctr., Inc. v. Desai, 54 So. 3d 1027 (Fla. 4th DCA 2011). Affirming order dismissing action based on statutory immunity from suit from claims arising out of appointment or reappointment process.
- Rich v. Kaiser Gypsum Co., Inc., 103 So. 3d 903 (Fla. 4th DCA 2012). Affirmed defense verdict and challenge to introduction of deposition testimony under former testimony hearsay exception.
- Union Carbide Corp. v. Aubin, 97 So. 3d 886 (Fla. 3d DCA 2012). Reversal of judgment on jury verdict on claims of product defect. Currently on review in Florida Supreme Court.
- Schmidt v. Schmidt, 120 So. 3d 31 (Fla. 4th DCA 2013). Obtained reversal of equitable distribution award based on improper valuation of an existing business, and reversal of alimony award for failure to consider imputation of income from investment properties.
Representative Litigation Matters
- Represented hospitals in challenges to credentialing and re-credentialing decisions and challenges to statutory damages caps.
Real Property Litigation
- Represented major national retailer in enforcement of real property restrictive covenant (shopping center exclusive).
Class Action Litigation
- Defended several class actions, including during class certification proceedings and initiating and defending interlocutory appeals of class certification decisions.
- Contributor to the firm’s Class Action Blog, posting entries for all significant class actions decisions issued out of the United States Supreme Court, the Eleventh Circuit Court of Appeals, and the Southern District of Florida.
- Litigated numerous federal lawsuits on behalf of major wireless telecommunications providers aimed at curbing the illicit bulk resale of wireless phones.
- Participated in litigation over the enforcement of a shareholders’ agreement, corporate recognition of shareholder status, and shareholder distributions.